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BYLAW - ZBA Second Suites REPEALED BY 5428~12 - 20100414 - 5220~10THE CORPORATION OF THE TOWN OF AURORA By-law Number 5220-10 BEING A BY-LAW to amend Zoning By-law No. 2213-78, as amended. WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, provides that the councils of local municipalities may pass zoning by-laws; AND WHEREAS the Council of The Corporation of the Town of Aurora enacted By- law 2213-78, including amendments thereto (hereinafter the "Zoning By-law"); AND WHEREAS the Council of The Corporation of the Town. of Aurora. deems it necessary and expedient to further amend the Zoning By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1. THAT the Zoning By-law be and is hereby amended to add the following: 3.42.13 Dwelling, Second Suite: Means a second dwelling unit located above or below grade or both, within a detached dwelling unit, semi-detached dwelling unit, or link house dwelling unit subject to the following condition: (i) Where three (3) or more link house dwelling units are joined, a second suite dwelling unit shall be permitted, provided that the link house dwelling unit is joined only below grade. THAT the Zoning By-law be and is hereby amended to add the following: SECTION 7.9 SECOND SUITE DWELLING The following provisions shall apply to second suite dwelling units: 7.9.1.1 A maximum of one (1) second suite dwelling unit shall be permitted in accordance with Section 3.42.13. 7..9.1.2 Dwelling Unit Below Grade Notwithstanding the provisions of Section 6.12, a second suite dwelling unit shall be permitted within a basement or cellar. 7.9.1.3 Parking Requirements One (1) on -site parking space shall be required for a second suite dwelling unit in addition to the residential parking space requirements of this By-law. 7.9.1.4 Servicing Allocation Notwithstanding the provisions of Section 4(a) of By-law No. 4721- 05, amendment to Zoning By-law No. 2213-78, second suite dwelling units do not require servicing allocation from Council. By-law 5220-10 Page 2 of 3 7.9.1.5 Home Occupations Where a single detached dwelling unit, semi-detached dwelling unit, or link house dwelling unit contains a second suite dwelling unit and is permitted to have a home occupation, the home occupation shall be permitted in only one unit, in accordance with the provisions of Section 6.21. 7.9.1.6 Oak Ridges Moraine Second suite dwelling units are not permitted in the "C-ORM "NL- ORM", "NC-ORM" and °EP-ORM" Zones in accordance with the Oak Ridges Moraine Conservation Plan, Amendment No. 48 to the Town of Aurora Official Plan and this By-law. Second suite dwelling units are not permitted in the "Oak Ridges Moraine Settlement Area" where a zone symbol is followed by the letters "ORM", without an amendment to, or relief from, this By-law, in accordance with Amendment No. 48 to the Town of Aurora Official Plan and this By-law. Notwithstanding any provision to the contrary, where this Section is in conflict with Section 34 of this By-law (General Provisions for the Oak Ridges Moraine Conservation Plan Area), the provisions of Section 34 shall prevail. 7.9.1.7 Watercourses Second suite dwelling units are not permitted in buildings located within the flooding and erosion hazard limits of all watercourses. 7.9.1.8 Second Suite Specifications i) Floor Area - (Minimum) 35.0 square metres ii) Notwithstanding any provision to the contrary, not more than one entrance is permitted along any walls facing a street line, including below grade walkouts. 3. THAT the provisions of this By-law shall come into force and take effect upon third reading, subject to compliance with the provisions of the Planning Act, R.S.O. 1990, c.P.13, as amended. READ A FIRST AND SECOND TIME THIS 13T" DAY OF APRIL, 2010. READ A THIRD TIME AND FINALLY PASSED 13T" DAY OF APRIL, 2010. Aped as to Form yL siBnotarc maa: 'O PHYLLIS M. MORRIS, MAYOR TOWN CLERK By-law 5220-10 Page 3 of 3 Explanatory Note Re: Zoning By-law No. 5220-10 By-law Number 5220-10 has the following purpose and effect: To amend By-law 2213-78, as amended, being the Zoning By-law in effect in the Town of Aurora, in order to permit second suites in detached, semi-detached and link house dwellings subject to specific provisions.