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BYLAW - Repeal 5220 10 and ZBA Second Suites - 20120814 - 542812THE CORPORATION OF THE TOWN OF AURORA By. -law Number 5428-12 BEING A BY-LAW to repeal By-law Number 5220-10 and to amend Zoning By-law Number 2213-78, as amended (Second Suites). 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 (the "Town") enacted By-law Number 2213-78, including amendments thereto (the "Zoning By- law"); AND WHEREAS on April 13, 2010, the Town enacted By-law Number 5220-10, being a By-law to amend the Zoning By-law to include provisions to allow second suite dwellings; AND WHEREAS the Town deems it necessary and expedient to repeal By-law Number 5220-10 and amend the Zoning By-law to include new provisions to allow second suite dwellings with additional clarification from an administrative perspective; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT By-law Number 5220-10 be and is hereby repealed. 2. THAT the Zoning By-law be and is hereby amended to add the following: "3.42.13 Dwellina, 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." 3. 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 A maximum of one (1) second suite dwelling unit shall be permitted in accordance with Section 3.42.13. 7.9.2 Dwelling Unit Below Grade Notwithstanding the provisions of Section 6.12, a second suite dwelling unit shall be permitted within a basement or cellar. 7.9.3 Parking Requirements One (1) on -site parking space, being a minimum of 2.7 metres by 5.3 metres, shall be provided for a second suite dwelling unit in addition to the residential parking space requirements of this By-law. By-law Number 5428-12 Page 2 of 4 7.9.4 Servicing Allocation Notwithstanding the provisions of Section 4(a) of By-law Number 4721-05, amendment to Zoning By-law Number 2213-78, second suite dwelling units do not require servicing allocation from Council. 7.9.5 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. 7.9.6 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. 7.9.7 Environmental Protection (EP) Zones Second suite dwelling units are not permitted in buildings located within Environmental Protection (EP) Zones or within any Environmental Protection Exception Zone. 7.9.8 Minimum Floor Area In a building containing a second suite dwelling unit, the minimum floor area for each dwelling unit shall be 35.0 square metres. 7.9.9 Building Entrance (i) Notwithstanding any provision to the contrary, not more than one (1) entrance is permitted along any walls facing a street line, including below grade walkouts. (ii) Paragraph 7.9.9(i) does not apply to entrances which have been in existence for at least five (5) years. 7.9A0 Rural General (RU) Zone Notwithstanding any provision to the contrary, the provisions of this By-law shall also apply to the Rural General (RU) Zones or any Rural General (RU) Exception Zone." 4. THAT all other terms, provisions, and existing amendments of the Zoning By- law remain the same. By-law Number 5428-12 Page 3 of 4 5. THAT this By-law shall come into full force subject to compliance with the provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, and subject to compliance with such provisions, this By-law will take effect from the date of final passage hereof. READ A FIRST AND SECOND TIME THIS 14th DAY OF AUGUST, 2012. READ A THIRD TIME AND FINALLY PASSED THIS 14'h DAY OF AUGUST, 2012. JOH14 ABEL, DEPUTY MAYOR JOHN DI(L'EAGH, TOWN CLERK as to,Tonn ervices s�Sauw- Ma-- 9490. 111 i o , za rp By-law Number 5428-12 Page 4 of 4 Explanatory Note Re: Zoning By-law Number 5428-12 By-law Number 5428-12 has the following purpose and effect: To repeal By-law Number 5220-10, and to amend By-law Number 2213-78, as amended, being the Zoning By-law in effect in the Town of Aurora, to permit second suites in detached, semi-detached and link house dwellings subject to specific provisions, and provide clarity from an administrative perspective.