A by-law to amend By-law 28-97, as amended

Clause X, Report No. Y, 2009

BY-LAW 2009-___

A By-law to amend By-laws 1229, 1507, 1767, 1914, 2053, 2150, 2237,

2284-68, 2325-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72,

77-73, 83-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78,

163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80,

72-81,90-81, 108-81, 193-81, 209-81, 221-81, 28-82, 194-82, 196-82,

47-85, 304-87, 242-90, 19-94, 177-96, 28-97 and 2004-196, as amended

WHEREAS the Town of Markham is empowered to pass By-laws pursuant to the Planning Act, R.S.O. 1990, c.P.13, as amended;

AND WHEREAS the Town of Markham wishes to ensure that By-laws 1229, 1507, 1767, 1914, 2053, 2150, 2237, 2284-68, 2325-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 209-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 242-90, 19-94, 177-96, 28-97 and 2004-196, as amended, effectively recognize buildings, structures or yards made non-complying by an acquisition of land by a public authority;

AND WHEREAS the Town of Markham wishes to ensure that consistent treatment and permissions are provided for throughout the Town respecting legal non-complying lots, buildings, structures and yards;

THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM HEREBY ENACTS AS FOLLOWS:

1.0 By-law 1229, as amended, is hereby further amended as follows:

1.1 By adding in a new Section 3.66 into the By-law as follows:

“3.66 “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

1.2 By adding in a new Section 5.10 into the By-law as follows:

“5.10 Non-Complying Buildings and Structures

5.10.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.10.2 Non-Compliance as a Result of Land Acquisition

Notwithstanding any other provision of this By-law, where, as a result of an acquisition of land by a public authority, such acquisition results in a contravention of this By-law relating to minimum yards and/or setbacks, lot coverage, maximum permitted gross floor area or net floor area, maximum gross leasable floor area or maximum Floor Space Index (FSI), then the lands so acquired shall be deemed to continue to form part of the lot upon which the building or buildings are located in determining compliance with this By-law.”

1.3 By deleting Section 5.11 of the By-law and substituting the following:

“5.11 Non-Complying Lots

5.11.1 Non-Complying Lots

A lot in existence prior to the effective date of this By-law that does not meet the lot area and/or lot frontage requirements of the applicable Zone, may be used and buildings thereon may be erected, enlarged, repaired or renovated provided the use conforms with the By-law and the buildings or structures comply with all of the other provisions of this By-law.

5.11.2 Non-Compliance as a Result of Land Acquisition

Notwithstanding any other provision of this By-law, where, as a result of an acquisition of land by a public authority, the lot, after the acquisition, is a non-complying lot, such non-complying lot may be used for any purpose permitted by this By-law within the Zone in which the lot is located.”

2.0 By-law 1507, as amended, is hereby further amended as follows:

2.1 By renumbering Section 7 as Section 10.

2.2 By adding in a new Section 8 into the By-law as follows:

“8. Definitions

“PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

2.3 By adding in a new Section 9 into the By-law as follows:

“9. General Provisions

9.1 Non-Complying Buildings and Structures

9.1.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

9.1.2 Non-Compliance as a Result of Land Acquisition

9.2 Non-Complying Lots

9.2.1 Non-Complying Lots

9.2.2 Non-Compliance as a Result of Land Acquisition

3.0 By-law 1767, as amended, is hereby further amended as follows:

3.1 By adding in a new Section 2(xliv) into the By-law as follows:

“2(xliv)

“PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

3.2 By deleting Section 6 of the By-law and replacing it with a new Section as follows:

“6. General Provisions for All Zones

6.1 Non-Complying Buildings and Structures

6.1.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

6.1.2 Non-Compliance as a Result of Land Acquisition

6.2 Non-Complying Lots

6.2.1 Non-Complying Lots

6.2.2 Non-Compliance as a Result of Land Acquisition

6.3 Non-Conforming Uses

No lands shall be used and no building or structure shall be used except in conformity with the provisions of this By-law unless such use existed before the date of passing this By-law and provided that it has continued and continues to be used for such purpose, and that such use, when established, was not contrary to a By-law passed under Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, or a predecessor thereof that was in force at that time.”

4.0 By-law 1914, as amended, is hereby further amended as follows:

4.1 By adding in a new Section 2(xxxv) into the By-law as follows:

“2(xxxv) “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

4.2 By adding in a new Section 11 into the By-law as follows:

“11. General Provisions

11.1 Non-Complying Buildings and Structures

11.1.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

11.1.2 Non-Compliance as a Result of Land Acquisition

11.2 Non-Complying Lots

11.2.1 Non-Complying Lots

11.2.2 Non-Compliance as a Result of Land Acquisition

5.0 By-law 2053, as amended, is hereby further amended as follows:

5.1 By adding in a new Section 2(xxxiii) into the By-law as follows:

“2(xxxiii) “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

5.2 By adding in a new Section 27 into the By-law as follows:

“27. General Provisions

27.1 Non-Complying Buildings and Structures

27.1.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

27.1.2 Non-Compliance as a Result of Land Acquisition

27.2 Non-Complying Lots

27.2.1 Non-Complying Lots

27.2.2 Non-Compliance as a Result of Land Acquisition

6.0 By-law 2150, as amended, is hereby further amended as follows:

6.1 By adding in a new Section 2.48 into the By-law as follows:

“2.48 “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

6.2 By renumbering the Section 3.9 titled “Development Control” as Section 3.10.

6.3 By adding in a new Section 3.11 into the By-law as follows:

“3.11 Non-Complying Buildings and Structures

3.11.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

3.11.2 Non-Compliance as a Result of Land Acquisition

6.4 By adding in a new Section 3.12 into the By-law as follows:

“3.12 Non-Complying Lots

3.12.1 Non-Complying Lots

3.12.2 Non-Compliance as a Result of Land Acquisition

7.0 By-law 2237, as amended, is hereby further amended as follows:

7.1 By adding in a new Section 2.53 into the By-law as follows:

“2.53 “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

7.2 By adding in a new Section 3.12 into the By-law as follows:

“3.12 Non-Complying Buildings and Structures

3.12.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

3.12.2 Non-Compliance as a Result of Land Acquisition

7.3 By adding in a new Section 3.13 into the By-law as follows:

“3.13 Non-Complying Lots

3.13.1 Non-Complying Lots

3.13.2 Non-Compliance as a Result of Land Acquisition

8.0 By-law 2284-68, as amended, is hereby further amended as follows:

8.1 By adding in a new Section 2.17 into the By-law as follows:

“2.17 “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

8.2 By adding in a new Section 3.7 into the By-law as follows:

“3.7 Non-Complying Buildings and Structures

3.7.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

3.7.2 Non-Compliance as a Result of Land Acquisition

8.3 By adding in a new Section 3.8 into the By-law as follows:

“3.8 Non-Complying Lots

3.8.1 Non-Complying Lots

3.8.2 Non-Compliance as a Result of Land Acquisition

9.0 By-law 2325-68, as amended, is hereby further amended as follows:

9.1 By adding in a new Section 2.29 into the By-law as follows:

“2.29 “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

9.2 By deleting Section 3.7.2 of the By-law.

9.3 By deleting Section 3.12 of the By-law and substituting the following:

“3.12 Non-Complying Buildings and Structures

3.12.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

3.12.2 Non-Compliance as a Result of Land Acquisition

9.4 By adding in a new Section 3.13 into the By-law as follows:

“3.13 Non-Complying Lots

3.13.1 Non-Complying Lots

3.13.2 Non-Compliance as a Result of Land Acquisition

10.0 By-law 2402, as amended, is hereby further amended as follows:

10.1 By adding in a new Section 2.18 into the By-law as follows:

“2.18 “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

10.2 By adding in a new Section 3.7 into the By-law as follows:

“3.7 Non-Complying Buildings and Structures

3.7.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

3.7.2 Non-Compliance as a Result of Land Acquisition

10.3 By adding in a new Section 3.8 into the By-law as follows:

“3.8 Non-Complying Lots

3.8.1 Non-Complying Lots

3.8.2 Non-Compliance as a Result of Land Acquisition

11.0 By-law 2489, as amended, is hereby further amended as follows:

11.1 By adding in a new Section 2.45 into the By-law as follows:

“2.45 “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

11.2 By adding in a new Section 3.9 into the By-law as follows:

“3.9 Non-Complying Buildings and Structures

3.9.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

3.9.2 Non-Compliance as a Result of Land Acquisition

11.3 By adding in a new Section 3.10 into the By-law as follows:

“3.10 Non-Complying Lots

3.10.1 Non-Complying Lots

3.10.2 Non-Compliance as a Result of Land Acquisition

12.0 By-law 2551, as amended, is hereby further amended as follows:

12.1 By adding in a new Section 2.26 into the By-law as follows:

“2.26 “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

12.2 By adding in a new Section 3.16 into the By-law as follows:

“3.16 Non-Complying Buildings and Structures

3.16.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

3.16.2 Non-Compliance as a Result of Land Acquisition

12.3 By adding in a new Section 3.17 into the By-law as follows:

“3.17 Non-Complying Lots

3.17.1 Non-Complying Lots

3.17.2 Non-Compliance as a Result of Land Acquisition

13.0 By-law 2571, as amended, is hereby further amended as follows:

13.1 By adding in a new Section 2.52 into the By-law as follows:

“2.52 “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

13.2 By adding in a new Section 3.11 into the By-law as follows:

“3.11 Non-Complying Buildings and Structures

3.11.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

3.11.2 Non-Compliance as a Result of Land Acquisition

13.3 By adding in a new Section 3.12 into the By-law as follows:

“3.12 Non-Complying Lots

3.12.1 Non-Complying Lots

3.12.2 Non-Compliance as a Result of Land Acquisition

14.0 By-law 2612, as amended, is hereby further amended as follows:

14.1 By adding in a new Section 2.55 into the By-law as follows:

“2.55 “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

14.2 By adding in a new Section 3.10 into the By-law as follows:

“3.10 Non-Complying Buildings and Structures

3.10.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

3.10.2 Non-Compliance as a Result of Land Acquisition

14.3 By adding in a new Section 3.11 into the By-law as follows:

“3.11 Non-Complying Lots

3.11.1 Non-Complying Lots

3.11.2 Non-Compliance as a Result of Land Acquisition

15.0 By-law 11-72, as amended, is hereby further amended as follows:

15.1 By adding in a new Section 2.54 into the By-law as follows:

“2.54 “PUBLIC AUTHORITY” shall mean any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

15.2 By adding in a new Section 3.11 into the By-law as follows:

“3.11 Non-Complying Buildings and Structures

3.11.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

3.11.2 Non-Compliance as a Result of Land Acquisition

15.3 By adding in a new Section 3.12 into the By-law as follows:

“3.12 Non-Complying Lots

3.12.1 Non-Complying Lots

3.12.2 Non-Compliance as a Result of Land Acquisition

16.0 By-law 122-72, as amended, is hereby further amended as follows:

16.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

16.2 By adding in a new Section 5.22 into the By-law as follows:

“5.22 Non-Complying Buildings and Structures

5.22.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.22.2 Non-Compliance as a Result of Land Acquisition

16.3 By adding in a new Section 5.23 into the By-law as follows:

“5.23 Non-Complying Lots

5.23.1 Non-Complying Lots

5.23.2 Non-Compliance as a Result of Land Acquisition

17.0 By-law 77-73, as amended, is hereby further amended as follows:

17.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

17.2 By adding in a new Section 5.24 into the By-law as follows:

“5.24 Non-Complying Buildings and Structures

5.24.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.24.2 Non-Compliance as a Result of Land Acquisition

17.3 By adding in a new Section 5.25 into the By-law as follows:

“5.25 Non-Complying Lots

5.25.1 Non-Complying Lots

5.25.2 Non-Compliance as a Result of Land Acquisition

18.0 By-law 83-73, as amended, is hereby further amended as follows:

18.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

18.2 By adding in a new Section 5.22 into the By-law as follows:

“5.22 Non-Complying Buildings and Structures

5.22.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.22.2 Non-Compliance as a Result of Land Acquisition

18.3 By adding in a new Section 5.23 into the By-law as follows:

“5.23 Non-Complying Lots

5.23.1 Non-Complying Lots

5.23.2 Non-Compliance as a Result of Land Acquisition

19.0 By-law 119-73, as amended, is hereby further amended as follows:

19.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

19.2 By adding in a new Section 5.25 into the By-law as follows:

“5.25 Non-Complying Buildings and Structures

5.25.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.25.2 Non-Compliance as a Result of Land Acquisition

19.3 By adding in a new Section 5.26 into the By-law as follows:

“5.26 Non-Complying Lots

5.26.1 Non-Complying Lots

5.26.2 Non-Compliance as a Result of Land Acquisition

20.0 By-law 151-75, as amended, is hereby further amended as follows:

20.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

20.2 By adding in a new Section 5.16 into the By-law as follows:

“5.16 Non-Complying Buildings and Structures

5.16.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.16.2 Non-Compliance as a Result of Land Acquisition

20.3 By adding in a new Section 5.17 into the By-law as follows:

“5.17 Non-Complying Lots

5.17.1 Non-Complying Lots

5.17.2 Non-Compliance as a Result of Land Acquisition

21.0 By-law 88-76, as amended, is hereby further amended as follows:

21.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

21.2 By adding in a new Section 5.25 into the By-law as follows:

“5.25 Non-Complying Buildings and Structures

5.25.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.25.2 Non-Compliance as a Result of Land Acquisition

21.3 By adding in a new Section 5.26 into the By-law as follows:

“5.26 Non-Complying Lots

5.26.1 Non-Complying Lots

5.26.2 Non-Compliance as a Result of Land Acquisition

22.0 By-law 127-76, as amended, is hereby further amended as follows:

22.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

22.2 By adding in a new Section 5.23 into the By-law as follows:

“5.23 Non-Complying Buildings and Structures

5.23.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.23.2 Non-Compliance as a Result of Land Acquisition

22.3 By adding in a new Section 5.24 into the By-law as follows:

“5.24 Non-Complying Lots

5.24.1 Non-Complying Lots

5.24.2 Non-Compliance as a Result of Land Acquisition

23.0 By-law 250-77, as amended, is hereby further amended as follows:

23.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

23.2 By adding in a new Section 5.16 into the By-law as follows:

“5.16 Non-Complying Buildings and Structures

5.16.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.16.2 Non-Compliance as a Result of Land Acquisition

23.3 By adding in a new Section 5.17 into the By-law as follows:

“5.17 Non-Complying Lots

5.17.1 Non-Complying Lots

5.17.2 Non-Compliance as a Result of Land Acquisition

24.0 By-law 145-78, as amended, is hereby further amended as follows:

24.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

24.2 By adding in a new Section 5.16 into the By-law as follows:

“5.16 Non-Complying Buildings and Structures

5.16.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.16.2 Non-Compliance as a Result of Land Acquisition

24.3 By adding in a new Section 5.17 into the By-law as follows:

“5.17 Non-Complying Lots

5.17.1 Non-Complying Lots

5.17.2 Non-Compliance as a Result of Land Acquisition

25.0 By-law 162-78, as amended, is hereby further amended as follows:

25.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

25.2 By adding in a new Section 5.15 into the By-law as follows:

“5.15 Non-Complying Buildings and Structures

5.15.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.15.2 Non-Compliance as a Result of Land Acquisition

25.3 By adding in a new Section 5.16 into the By-law as follows:

“5.16 Non-Complying Lots

5.16.1 Non-Complying Lots

5.16.2 Non-Compliance as a Result of Land Acquisition

26.0 By-law 163-78, as amended, is hereby further amended as follows:

26.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

26.2 By adding in a new Section 5.16 into the By-law as follows:

“5.16 Non-Complying Buildings and Structures

5.16.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.16.2 Non-Compliance as a Result of Land Acquisition

26.3 By adding in a new Section 5.17 into the By-law as follows:

“5.17 Non-Complying Lots

5.17.1 Non-Complying Lots

5.17.2 Non-Compliance as a Result of Land Acquisition

27.0 By-law 184-78, as amended, is hereby further amended as follows:

27.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

27.2 By adding in a new Section 5.14 into the By-law as follows:

“5.14 Non-Complying Buildings and Structures

5.14.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.14.2 Non-Compliance as a Result of Land Acquisition

27.3 By adding in a new Section 5.15 into the By-law as follows:

“5.15 Non-Complying Lots

5.15.1 Non-Complying Lots

5.15.2 Non-Compliance as a Result of Land Acquisition

28.0 By-law 72-79, as amended, is hereby further amended as follows:

28.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

28.2 By adding in a new Section 5.16 into the By-law as follows:

“5.16 Non-Complying Buildings and Structures

5.16.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.16.2 Non-Compliance as a Result of Land Acquisition

28.3 By adding in a new Section 5.17 into the By-law as follows:

“5.17 Non-Complying Lots

5.17.1 Non-Complying Lots

5.17.2 Non-Compliance as a Result of Land Acquisition

29.0 By-law 91-79, as amended, is hereby further amended as follows:

29.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

29.2 By adding in a new Section 5.23 into the By-law as follows:

“5.23 Non-Complying Buildings and Structures

5.23.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.23.2 Non-Compliance as a Result of Land Acquisition

29.3 By adding in a new Section 5.24 into the By-law as follows:

“5.24 Non-Complying Lots

5.24.1 Non-Complying Lots

5.24.2 Non-Compliance as a Result of Land Acquisition

30.0 By-law 118-79, as amended, is hereby further amended as follows:

30.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

30.2 By adding in a new Section 5.16 into the By-law as follows:

“5.16 Non-Complying Buildings and Structures

5.16.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.16.2 Non-Compliance as a Result of Land Acquisition

30.3 By adding in a new Section 5.17 into the By-law as follows:

“5.17 Non-Complying Lots

5.17.1 Non-Complying Lots

5.17.2 Non-Compliance as a Result of Land Acquisition

31.0 By-law 134-79, as amended, is hereby further amended as follows:

31.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

31.2 By adding in a new Section 5.17 into the By-law as follows:

“5.17 Non-Complying Buildings and Structures

5.17.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.17.2 Non-Compliance as a Result of Land Acquisition

31.3 By adding in a new Section 5.18 into the By-law as follows:

“5.18 Non-Complying Lots

5.18.1 Non-Complying Lots

5.18.2 Non-Compliance as a Result of Land Acquisition

32.0 By-law 153-80, as amended, is hereby further amended as follows:

32.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

32.2 By adding in a new Section 5.15 into the By-law as follows:

“5.15 Non-Complying Buildings and Structures

5.15.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.15.2 Non-Compliance as a Result of Land Acquisition

32.3 By adding in a new Section 5.16 into the By-law as follows:

“5.16 Non-Complying Lots

5.16.1 Non-Complying Lots

5.16.2 Non-Compliance as a Result of Land Acquisition

33.0 By-law 165-80, as amended, is hereby further amended as follows:

33.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

33.2 By adding in a new Section 4.9 into the By-law as follows:

“4.9 Non-Complying Buildings and Structures

4.9.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

4.9.2 Non-Compliance as a Result of Land Acquisition

33.3 By adding in a new Section 4.10 into the By-law as follows:

“4.10 Non-Complying Lots

4.10.1 Non-Complying Lots

4.10.2 Non-Compliance as a Result of Land Acquisition

34.0 By-law 72-81, as amended, is hereby further amended as follows:

34.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

34.2 By adding in a new Section 4.9 into the By-law as follows:

“4.9 Non-Complying Buildings and Structures

4.9.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

4.9.2 Non-Compliance as a Result of Land Acquisition

34.3 By adding in a new Section 4.10 into the By-law as follows:

“4.10 Non-Complying Lots

4.10.1 Non-Complying Lots

4.10.2 Non-Compliance as a Result of Land Acquisition

35.0 By-law 90-81, as amended, is hereby further amended as follows:

35.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

35.2 By adding in a new Section 4.9 into the By-law as follows:

“4.9 Non-Complying Buildings and Structures

4.9.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

4.9.2 Non-Compliance as a Result of Land Acquisition

35.3 By adding in a new Section 4.10 into the By-law as follows:

“4.10 Non-Complying Lots

4.10.1 Non-Complying Lots

4.10.2 Non-Compliance as a Result of Land Acquisition

36.0 By-law 108-81, as amended, is hereby further amended as follows:

36.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

36.2 By adding in a new Section 4.11 into the By-law as follows:

“4.11 Non-Complying Buildings and Structures

4.11.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

4.11.2 Non-Compliance as a Result of Land Acquisition

36.3 By adding in a new Section 4.12 into the By-law as follows:

“4.12 Non-Complying Lots

4.12.1 Non-Complying Lots

4.12.2 Non-Compliance as a Result of Land Acquisition

37.0 By-law 193-81, as amended, is hereby further amended as follows:

37.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

37.2 By adding in a new Section 4.10 into the By-law as follows:

“4.10 Non-Complying Buildings and Structures

4.10.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

4.10.2 Non-Compliance as a Result of Land Acquisition

37.3 By adding in a new Section 4.11 into the By-law as follows:

“4.11 Non-Complying Lots

4.11.1 Non-Complying Lots

4.11.2 Non-Compliance as a Result of Land Acquisition

38.0 By-law 209-81, as amended, is hereby further amended as follows:

38.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

38.2 By adding in a new Section 4.12 into the By-law as follows:

“4.12 Non-Complying Buildings and Structures

4.12.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

4.12.2 Non-Compliance as a Result of Land Acquisition

38.3 By adding in a new Section 4.13 into the By-law as follows:

“4.13 Non-Complying Lots

4.13.1 Non-Complying Lots

4.13.2 Non-Compliance as a Result of Land Acquisition

39.0 By-law 221-81, as amended, is hereby further amended as follows:

39.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

39.2 By adding in a new Section 4.9 into the By-law as follows:

“4.9 Non-Complying Buildings and Structures

4.9.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

4.9.2 Non-Compliance as a Result of Land Acquisition

39.3 By adding in a new Section 4.10 into the By-law as follows:

“4.10 Non-Complying Lots

4.10.1 Non-Complying Lots

4.10.2 Non-Compliance as a Result of Land Acquisition

40.0 By-law 28-82, as amended, is hereby further amended as follows:

40.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

40.2 By adding in a new Section 4.13 into the By-law as follows:

“4.13 Non-Complying Buildings and Structures

4.13.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

4.13.2 Non-Compliance as a Result of Land Acquisition

40.3 By adding in a new Section 4.14 into the By-law as follows:

“4.14 Non-Complying Lots

4.14.1 Non-Complying Lots

4.14.2 Non-Compliance as a Result of Land Acquisition

41.0 By-law 194-82, as amended, is hereby further amended as follows:

41.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

41.2 By adding in a new Section 4.9 into the By-law as follows:

“4.9 Non-Complying Buildings and Structures

4.9.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

4.9.2 Non-Compliance as a Result of Land Acquisition

41.3 By adding in a new Section 4.10 into the By-law as follows:

“4.10 Non-Complying Lots

4.10.1 Non-Complying Lots

4.10.2 Non-Compliance as a Result of Land Acquisition

42.0 By-law 196-82, as amended, is hereby further amended as follows:

42.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

42.2 By adding in a new Section 4.9 into the By-law as follows:

“4.9 Non-Complying Buildings and Structures

4.9.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

4.9.2 Non-Compliance as a Result of Land Acquisition

42.3 By adding in a new Section 4.10 into the By-law as follows:

“4.10 Non-Complying Lots

4.10.1 Non-Complying Lots

4.10.2 Non-Compliance as a Result of Land Acquisition

43.0 By-law 47-85, as amended, is hereby further amended as follows:

43.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

43.2 By adding in a new Section 4.8 into the By-law as follows:

“4.8 Non-Complying Buildings and Structures

4.8.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

4.8.2 Non-Compliance as a Result of Land Acquisition

43.3 By adding in a new Section 4.9 into the By-law as follows:

“4.9 Non-Complying Lots

4.9.1 Non-Complying Lots

4.9.2 Non-Compliance as a Result of Land Acquisition

44.0 By-law 304-87, as amended, is hereby further amended as follows:

44.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

44.2 By deleting Section 5.7.2 of the By-law.

44.3 By adding in a new Section 5.10 into the By-law as follows:

“5.10 Non-Complying Buildings and Structures

5.10.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.10.2 Non-Compliance as a Result of Land Acquisition

44.4 By adding in a new Section 5.11 into the By-law as follows:

“5.11 Non-Complying Lots

5.11.1 Non-Complying Lots

5.11.2 Non-Compliance as a Result of Land Acquisition

45.0 By-law 242-90, as amended, is hereby further amended as follows:

45.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

45.2 By deleting Section 5.8.2 of the By-law.

45.3 By adding in a new Section 5.10 into the By-law as follows:

“5.10 Non-Complying Buildings and Structures

5.10.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.10.2 Non-Compliance as a Result of Land Acquisition

45.4 By adding in a new Section 5.11 into the By-law as follows:

“5.11 Non-Complying Lots

5.11.1 Non-Complying Lots

5.11.2 Non-Compliance as a Result of Land Acquisition

46.0 By-law 19-94, as amended, is hereby further amended as follows:

46.1 By deleting the definition of “Public Authority” in Section 2 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

46.2 By deleting Section 5.10.2 of the By-law.

46.3 By adding in a new Section 5.11 into the By-law as follows:

“5.11 Non-Complying Buildings and Structures

5.11.1 Enlargement, Repair or Renovation

A non-complying building or structure may be enlarged, repaired or renovated provided that the enlargement, repair or renovation:

a) does not further increase a situation of non-compliance; and,

b) complies with all other applicable provisions of this By-law.

5.11.2 Non-Compliance as a Result of Land Acquisition

46.4 By adding in a new Section 5.12 into the By-law as follows:

“5.12 Non-Complying Lots

5.12.1 Non-Complying Lots

5.12.2 Non-Compliance as a Result of Land Acquisition

47.0 By-law 177-96, as amended, is hereby further amended as follows:

47.1 By replacing the word “Expropriation” in the heading of Section 6.12.2 with “Land Acquisition”.

47.2 Be deleting the word “or” between the words “lot coverage” and “maximum permitted gross floor area” and placing a comma after the words “lot coverage” in Section 6.12.2.

47.3 By adding the following words after the words “maximum net floor area” in Section 6.12.2:

“, maximum gross leasable floor area or maximum Floor Space Index (FSI).”

48.0 By-law 28-97, as amended, is hereby further amended as follows:

48.1 By deleting the definition of “Public Authority” in Section 2.0 of the By-law and replacing it with a new definition as follows:

“ “PUBLIC AUTHORITY”

Means any Provincial, Regional or Municipal commission, board, or authority or any quasi-public body that is controlled by a public authority such as a public transit commission.”

48.2 By deleting the title “Applicability” from Section 8.0 of the By-law and replacing it with the title “General Provisions”.

48.3 By renumbering Section 8.4 of the By-law as Section 9.0.

48.4 By adding in a new Section 8.4 into the By-law as follows:

“8.4 Non-Compliance as a Result of Land Acquisition

Notwithstanding any other provision of this By-law, where, as a result of an acquisition of land by a public authority, such acquisition results in a contravention of this By-law relating to the minimum required number of parking spaces, minimum size of parking spaces, minimum width of a driveway, location of parking spaces and/or driveways or minimum required setbacks and/or yards for driveways and/or parking spaces, then the lands so affected are deemed to comply with this By-law to the extent it complied with this By-law on the day before the acquisition was finalized.”

49.0 By-law 2004-196, as amended, is hereby further amended as follows:

49.1 By replacing the word “Expropriation” in the heading of Section 4.10.2 with “Land Acquisition”.

49.2 Be deleting the word “or” between the words “lot coverage” and “maximum permitted gross floor area” and placing a comma after the words “lot coverage” in Section 4.10.2.

49.3 By adding the following words after the words “maximum net floor area” in Section 4.10.2:

“, maximum gross leasable floor area or maximum Floor Space Index (FSI).”

50.0 By-law 220-91 is hereby repealed.

51.0 All other provisions of By-laws 1229, 1507, 1767, 1914, 2053, 2150, 2237, 2284-68, 2325-68, 2402, 2489, 2551, 2571, 2612, 11-72, 122-72, 77-73, 83-73, 119-73, 151-75, 88-76, 127-76, 250-77, 145-78, 162-78, 163-78, 184-78, 72-79, 91-79, 118-79, 134-79, 153-80, 165-80, 72-81, 90-81, 108-81, 193-81, 209-81, 221-81, 28-82, 194-82, 196-82, 47-85, 304-87, 242-90, 19-94, 177-96, 28-97 and 2004-196, as amended, unless specifically modified/amended by this By-law continue to apply.

READ A FIRST AND SECOND TIME THIS __^TH DAY OF _______, 2009.

READ A THIRD TIME AND PASSED THIS __^TH DAY OF _______, 2009.

______________________________ ___________________________

SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR