BYLAW - ZBA TACC Developments File D14 09 11 - 20130625 - 552331THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5523-13
BEING A BY-LAW to amend
Zoning By-law Number 2213-
78, as amended (TACC
Developments Aurora Inc.,
File D14-09-11).
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 the Council of the Town 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 replace the "Rural
General (RU) Zone" and the "Institutional (1) Zone" categories applying to the
lands shown on Schedule "A" attached hereto and forming part of this By-law
with the following categories:
(a) "Detached Dwelling Second Density Residential (R2-96)' Exception
Zone';
(b) "Detached Dwelling Second Density Residential (R2-97)' Exception
Zone";
(c) "Detached Dwelling Second Density Residential (R2-98)' Exception
Zone';
(d) "Semi -Detached and Duplex Dwelling Third Density Residential (R3-
20) Exception Zone;
(e) "Row Dwelling Residential (R6-58)1 Exception Zone';
(f) "Row Dwelling Residential (R6-59)' Exception Zone';
(g) "Residential Commercial (C7-3) Exception Zone';
(h) "Environmental Protection (EP-15) Exception Zone';
(i) "Major Open Space (0-9) Exception Zone'; and
0) "Major Open Space (0-15) Exception Zone".
2. THAT, for the purpose of clarification, the sub -notation ""' applying to any of
the Zones listed above are not shown on Schedule "A" attached hereto, but
shall be interpreted as included on Schedule "A" for the applicable Zoning
category.
3. THAT the Zoning By-law be and is hereby amended to add the following to
Section 11 - Detached Dwelling Second Density Residential (R2) Zone:
By-law Number 5523-13
Page 2 of 22
(a) "SECTION 11.98
11.98.1
11.98.2
DETACHED DWELLING SECOND DENSITY
RESIDENTIAL (R2-96)' EXCEPTION ZONE
Uses Permitted
- one detached dwelling per lot
- a home occupation
Zone Requirements
11.98.2.1 Lot Specifications (minimum)
Lot Area 340 square metres
Lot Frontage 13.0 metres
11.98.2.2 Siting Specifications
Front Yard:
- Main Building 4.5 metres
- Garage 6.0 metres
Rear Yard (minimum): 7.0 metres
Interior Side Yard (minimum):
- one side 1.2 metres
- other side 0.6 metres
Exterior Side Yard (minimum):
- Main Building 3.0 metres
- Garage 6.0 metres
Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be
either flush with, or project in front of, the garage.
11.98.2.2.1 Notwithstanding the provisions of Section 6.28.1.i, the
maximum width of the driveway shall be 3.5 metres for a
single car garage and 6.5 metres for a double car garage.
11.98.2.2.2 Notwithstanding any other provisions to the contrary, the
minimum required distance between the walls of any
attached garage shall be 1.2 metres.
11.98.2.2.3 Notwithstanding the provisions of Section 6.2.6 i), central
air conditioners and heat pumps shall be permitted in the
rear and exterior side yards only, subject to a minimum
setback of 4.5 metres from the rear lot line.
11.98.2.3 Yard Exemption and Setback Encroachment
Permitted
11.98.2.3.1 Notwithstanding the provisions of Section 6.48.1, open -
sided roofed porches, balconies, uncovered terraces,
patios and decks not exceeding 3 metres above grade
with and without foundation may project a maximum of 2
metres into the required front and exterior side yards
By-law Number 5523-13 Page 3 of 22
provided that no part of the porch is located closer than 2
metres to the front lot line. Steps may encroach into the
required front yard provided they are not located any
closer than 1 metre to the front and exterior lot lines.
11.98.2.3.2 Notwithstanding the provisions of Section 6.48.1, open -
sided roofed porches, balconies, uncovered terraces,
patios and decks not exceeding 3 metres above grade
without foundation and steps may project a maximum of
3.5 metres into the required rear yard.
11.98.2.3.3 Notwithstanding the provisions of Section 6.48.1, a bay,
bow or box windows may have a maximum width of 4.5
metres with or without foundations, and a bay, bow or box
window or fireplace may project 0.6 metres in the required
front, exterior and rear yard.
11.98.2.3.4 Notwithstanding the provisions of Section 6.48.1, sills,
belt courses, cornices, gutters, chimneys, pilasters,
eaves, parapets or canopies may project 0.6 metres into
all required yards.
11.98.2.4 Building Specifications
Height (maximum): 11.0 metres
Interior Garage Length (minimum): 6.0 metres
Interior Garage Width (minimum): 2.9 metres (single car)
5.4 metres (double car)
Interior Garage Width (maximum): 6.2 metres
11.98.2.4.1 Interior garage steps shall not encroach into the minimum
required parking space of 2.7 metres by 5.3 metres.
11.98.2.4.2 Notwithstanding the provisions of Section 11.2.3, the Lot
Coverage (maximum) shall not apply.
11.98.2.5 Parking
Notwithstanding the definition contained within Section
3.98 and the provisions of Section 6.26.1.1, the following
minimum parking standards shall apply:
A minimum of three (3) parking spaces shall be provided
for all dwelling units of which a minimum of one (1)
parking space shall be provided within a private garage
per unit, and a minimum of two (2) parking spaces shall
be provided on the driveway either side -by -side or in
tandem, including that portion of the driveway that
extends beyond the lot into the boulevard.
11.98.3 Holdinq Prefix/Symbol (H)
Notwithstanding the provisions of Section 11.98, while the
"H Holding symbol is in place, no person shall, within the
lands zoned (H)R2-961, on Schedule "A" attached hereto,
use any lot or erect, alter or use any buildings or
structures for any purpose except those uses which
existed on the date of the passing of By-law Number
5523-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5523-13 shall occur, unless an amendment
to By-law Number 5523-13 or the Zoning By-law is
By-law Number 5523-13 Page 4 of 22
approved by the Council of The Corporation of the Town
of Aurora and comes into full force and effect.
Removal of Holding Prefix/Symbol (H)
Prior to the passing of a by-law to remove the "H" Holding
symbol from the lands zoned (H)R2-961, or any part
thereof, the Town of Aurora shall be satisfied that the
following conditions shall be complied with:
i) the Town of Aurora has approved a transfer of
servicing allocation to this development that is not
dependent upon the completion of infrastructure; or
York Region has advised in writing that the required
infrastructure to support the capacity assignment
associated with this development will be completed
within a time period acceptable to the Region to
permit the plan registration, or the Regional
Commissioner of Environmental Services has
confirmed servicing allocation for this development
by a suitable alternative method and the Town of
Aurora has allocated the capacity to this
development:
ii) that there is adequate transportation services
available to accommodate the draft plan of
subdivision or any phase thereof;
iii) the removal of the "H" represents a logical and
orderly progression of development; and
iv) compliance with the relevant policies of the 2C
Secondary Plan (OPA No.73)."
(b) "SECTION 11.99 DETACHED DWELLING SECOND DENSITY
RESIDENTIAL (R2-97)' EXCEPTION ZONE
11.99.1 Uses Permitted
- one detached dwelling per lot
- a home occupation
11.99.2 Zone Requirements
11.99.2.1 Lot Specifications (minimum)
Lot Area 300 square metres
Lot Frontage 10.9 metres
11.99.2.2 Siting Specifications (minimum)
Front Yard:
- Main Building 4.5 metres
- Garage 6.0 metres
Rear Yard: 7.0 metres
By-law Number 5523-13
Page 5 of 22
Interior Side Yard:
- one side 1.2 metres
- other side 0.6 metres
Exterior Side Yard:
- Main Building 3.0 metres
- Garage 6.0 metres
Notwithstanding any other provisions to the contrary, with
the exception of the Staggered Garage Unit, the habitable
ground floor front wall or porch face shall be either flush
with, or project in front of, the garage.
11.99.2.2.1 A "Staggered Garage Unit' is defined as a dwelling unit
having a double car garage with two (2) separate garage
vehicle doors at different setbacks.
11.99.2.2.2 Notwithstanding the provisions of Section 6.28.1.i, the
maximum width of the driveway shall be 3.5 metres for a
single car garage and 6.5 metres for a double car garage.
11.99.2.2.3 Notwithstanding any other provisions to the contrary, the
minimum required distance between the walls of any
attached garage shall be 1.2 metres.
11.99.2.2.4 Notwithstanding the provisions of Section 6.2.6 i), central
air conditioners and heat pumps shall be permitted in the
rear and exterior side yards only, subject to a minimum
setback of 4.5 metres from the rear lot line.
11.99.2.3 Yard Exemption and Setback Encroachment
Permitted
11.99.2.3.1 Notwithstanding the provisions of Section 6.48.1, open -
sided roofed porches, balconies, uncovered terraces,
patios and decks not exceeding 3 metres above grade
with and without foundation may project a maximum of 2
metres into the required front and exterior side yards
provided that no part of the porch is located closer than 2
metres to the front lot line. Steps may encroach into the
required front yard provided they are not located any
closer than 1 metre to the front and exterior lot lines.
11.99.2.3.2 Notwithstanding the provisions of Section 6.48.1, open -
sided roofed porches, balconies, uncovered terraces,
patios and decks not exceeding 3 metres above grade
without foundation and steps may project a maximum of
3.5 metres into the required rear yard.
11,99.2.3.3 Notwithstanding the provisions of Section 6.48.1, a bay,
bow or box window may have a maximum width of 4.5
metres with or without foundations, and a bay, bow or box
window or fireplace may project 0.6 metres in the required
front, exterior and rear yards.
11.99.2.3.4 Notwithstanding the provisions of Section 6.48.1, sills,
belt courses, cornices, gutters, chimneys, pilasters,
eaves, parapets or canopies may project 0.6 metres into
all required yards.
By-law Number 5523-13
Page 6 of 22
11.99.2.4
11.99.2.4.1
Building Specifications
Height (maximum): 11.0 metres
Interior Garage Length (minimum): 6.0 metres
Interior Garage Width (minimum): 2.9 metres (single car)
5.4 metres (double car)
Interior Garage Width (maximum): 6.2 metres
Interior garage steps shall not encroach into the minimum
required parking space of 2.7 metres by 5.3 metres.
11.99.2.4.2 Notwithstanding any other provisions to the contrary, on
Staggered Garage Units, the minimum setback to one
garage shall be 6.0 metres and the minimum setback to
the second garage shall be flush with or behind the front
wall or porch face. No more than two (2) Staggered
Garage Units will be permitted side -by -side.
11.99.2.4.3 Notwithstanding the provisions of Section 11.2.3, the Lot
Coverage (maximum) shall not apply.
11.99.2.5 Parking
Notwithstanding the definition contained within Section
3.98 and the provisions of Section 6.26.1.1, the following
minimum parking standards shall apply:
A minimum of three (3) parking spaces shall be provided
for all dwelling units of which a minimum of one (1)
parking space shall be provided within a private garage
per unit, and a minimum of two (2) parking spaces shall
be provided on the driveway either side -by -side or in
tandem, including that portion of the driveway that
extends beyond the lot into the boulevard.
In a Staggered Garage Unit, a minimum of three (3)
parking spaces shall be provided for all dwelling units of
which a minimum of two (2) parking spaces shall be
provided within a private garage per unit, and a minimum
of one (1) parking space shall be provided on the
driveway.
11.99.3 Holding Prefix/Symbol (H)
Notwithstanding the provisions of Section 11.99, while the
"H" Holding symbol is in place, no person shall, within the
lands zoned (H)R2-971, on Schedule "A" attached hereto,
use any lot or erect, alter or use any buildings or
structures for any purpose except those uses which
existed on the date of the passing of By-law Number
5523-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5523-13 shall occur, unless an amendment
to By-law Number 5523-13 or the Zoning By-law is
approved by the Council of The Corporation of the Town
of Aurora and comes into full force and effect.
Removal of Holding Prefix/Symbol (H)
Prior to the passing of a by-law to remove the "H" Holding
symbol from the lands zoned (H)R2-971, or any part
By-law Number 5523-13
Page 7 of 22
thereof, the Town of Aurora shall be satisfied that the
following conditions shall be complied with:
i) the Town of Aurora has approved a transfer of
servicing allocation to this development that is not
dependent upon the completion of infrastructure; or
York Region has advised in writing that the required
infrastructure to support the capacity assignment
associated with this development will be completed
within a time period acceptable to the Region to
permit the plan registration, or the Regional
Commissioner of Environmental Services has
confirmed servicing allocation for this development
by a suitable alternative method and the Town of
Aurora has allocated the capacity to this
development:
ii) that there is adequate transportation services
available to accommodate the draft plan of
subdivision or any phase thereof;
iii) the removal of the "H" represents a logical and
orderly progression of development; and
iv) compliance with the relevant policies of the 2C
Secondary Plan (OPA No.73)."
(c) "SECTION 11.100 DETACHED DWELLING SECOND DENSITY
RESIDENTIAL (R2-98)' EXCEPTION ZONE
11.100.1 Uses Permitted
- one detached dwelling per lot
- a home occupation
11.100.2 Zone Requirements
11.100.2.1 Lot Specifications (minimum)
Lot Area 260 square metres
Lot Frontage 9.0 metres
11.100.2.2 Siting Specifications (minimum)
Front Yard:
- Main Building
4.5 metres
- Garage:
Single driveway:
6.5 metres
(without sidewalk)
Single driveway:
9.25 metres
(with sidewalk)
Double driveways:
6.0 metres
(with or without
a sidewalk)
Rear Yard: 7.0 metres
Interior Side Yard:
- one side 1.2 metres
By-law Number 5523-13
Page 8 of 22
other side 0.6 metres
Exterior Side Yard:
- Main Building 3.0 metres
- Garage
6.0 metres
Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be
either flush with, or project in front of, the garage.
11.100.2.2.1 Notwithstanding the provisions of Section 6.28.1.i, the
maximum width of the driveway shall be 3.5 metres for a
single car garage and 6.5 metres for a double car garage.
11.100.2.2.2 Notwithstanding any other provisions to the contrary, the
minimum required distance between the walls of any
attached garage shall be 1.2 metres.
11.100.2.2.3 Notwithstanding the provisions of Section 6.2.6 i), central
air conditioners and heat pumps shall be permitted in the
rear and exterior side yards only, subject to a minimum
setback of 4.5 metres from the rear lot line.
11.100.2.3 Yard Exemption and Setback Encroachment
Permitted
11.100.2.3.1 Notwithstanding the provisions of Section 6.48.1, open -
sided roofed porches, balconies, uncovered terraces,
patios and decks not exceeding 3 metres above grade
with and without foundation may project a maximum of 2
metres into the required front and exterior side yards
provided that no part of the porch is located closer than 2
metres to the front lot line. Steps may encroach into the
required front yard provided they are not located any
closer than 1 metre to the front and exterior lot lines.
11.100.2.3.2 Notwithstanding the provisions of Section 6.48.1, open -
sided roofed porches, balconies, uncovered terraces,
patios and decks not exceeding 3 metres above grade
without foundation and steps may project a maximum of
3.5 metres into the required rear yard.
11.100.2.3.3 Notwithstanding the provisions of Section 6.48.1, a bay,
bow or box window may have a maximum width of 4.5
metres with or without foundations, and a bay, bow or box
window or fireplace may project 0.6 metres in the required
front, exterior and rear yards.
11.100.2.3.4 Notwithstanding the provisions of Section 6.48.1, sills,
belt courses, cornices, gutters, chimneys, pilasters,
eaves, parapets or canopies may project 0.6 metres into
all required yards.
11.100.2.4 Building Specifications
Height (maximum): 11.0 metres
Interior Garage Length (minimum): 6.0 metres
Interior Garage Width (minimum): 2.9 metres (single car)
5.4 metres (double car)
Interior Garage Width (maximum): 6.2 metres
By-law Number 5523-13 Page 9 of 22
11.100.2.4.1 Interior garage steps shall not encroach into the minimum
required parking space of 2.7 metres by 5.3 metres.
11.100.2.4.2 Notwithstanding the provisions of Section 11.2.3, the Lot
Coverage (maximum) shall not apply.
11.100.2.5 Parking
Notwithstanding the definition contained within Section
3.98 and the provisions of Section 6.26.1.1, the following
minimum parking standards shall apply:
A minimum of three (3) parking spaces shall be provided
for all dwelling units of which a minimum of one (1)
parking space shall be provided within a private garage
per unit, and a minimum of two (2) parking spaces shall
be provided on the driveway either side -by -side or in
tandem, including that portion of the driveway that
extends beyond the lot into the boulevard.
11.100.3 Holding Prefix/Symbol (H)
Notwithstanding the provisions of Section 11.100, while
the."H" Holding symbol is in place, no person shall, within
the lands zoned (H)R2-981, on Schedule "A" attached
hereto, use any lot or erect, alter or use any buildings or
structures for any purpose except those uses which
existed on the date of the passing of By-law Number
5523-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5523-13 shall occur, unless an amendment
to By-law Number 5523-13 or the Zoning By-law is
approved by the Council of The Corporation of the Town
of Aurora and comes into full force and effect.
Removal of Holding Prefix/Symbol (H)
Prior to the passing of a by-law to remove the "H" Holding
symbol from the lands zoned (H)R2-981, or any part
thereof, the Town of Aurora shall be satisfied that the
following conditions shall be complied with:
i) the Town of Aurora has approved a transfer of
servicing allocation to this development that is not
dependent upon the completion of infrastructure; or
York Region has advised in writing that the required
infrastructure to support the capacity assignment
associated with this development will be completed
within a time period acceptable to the Region to
permit the plan registration, or the Regional
Commissioner of Environmental Services has
confirmed servicing allocation for this development
by a suitable alternative method and the Town of
Aurora has allocated the capacity to this
development:
ii) that there is adequate transportation services
available to accommodate the draft plan of
subdivision or any phase thereof;
By-law Number 5523-13 Page 10 of 22
iii) the removal of the "H" represents a logical and
orderly progression of development; and
iv) compliance with the relevant policies of the 2C
Secondary Plan (OPA No.73)."
4. THAT the Zoning By-law be and is hereby amended to add the following to
Section 12 — Semi -Detached and Duplex Third Density Residential (R3)
Zone:
"SECTION 12.22 SEMI-DETACHED AND DUPLEX THIRD DENSITY
RESIDENTIAL (R3-20) EXCEPTION ZONE
12.22.1 Uses Permitted
- one semi-detached dwelling per lot
- one duplex dwelling per lot
- a home occupation
12.22.2 Zone Requirements
12.22.2.1 Lot Specifications (minimum)
Lot Area 235 square metres
Lot Frontage 8.5 metres
12.22.2.2 Siting Specifications (minimum)
Front Yard:
- Main Building
4.5 metres
- Garage:
Single driveway
6.5 metres
(without sidewalk)
Single driveway
9.25 metres
(with sidewalk)
Double driveways
6.0 metres
(with or without
a sidewalk)
Rear Yard: 7.0 metres
Interior Side Yard: 1.2 metres
Exterior Side Yard:
- Main Building 3.0 metres
- Garage 6.0 metres
Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be
either flush with, or project in front of, the garage.
12.22.2.2.1 Notwithstanding the provisions of Section 6.28.1.i, the
maximum width of the driveway shall be 3.5 metres for a
single car garage and 6.5 metres for a double car garage.
12.22.2.2.2 Notwithstanding the provisions of Section 12.22.2.2, the
minimum required setback from the common lot line
between attached units shall be nil.
By-law Number 5523-13
Page 11 of 22
12.22.2.2.3 Notwithstanding the provisions of Section 6.48.1, the
required minimum distance separation between
balconies, open -sided roofed porches, uncovered
terraces, patios, steps and landings, and the common lot
line between attached units shall be nil.
12.22.2.2.4 Notwithstanding the provisions of Section 6.2.6 i), central
air conditioners and heat pumps shall be permitted in the
rear and exterior side yards only, subject to a minimum
setback of 4.5 metres from the rear lot line.
12.22.2.3 Yard Exemption and Setback Encroachment
Permitted
12.22.2.3.1 Notwithstanding the provisions of Section 6.48.1, open -
sided roofed porches, balconies, uncovered terraces,
patios and decks not exceeding 3 metres above grade
with and without foundation may project a maximum of 2
metres into the required front and exterior side yards
provided that no part of the porch is located closer than 2
metres to the front lot line. Steps may encroach into the
required front yard provided they are not located any
closer than 1 metre to the front and exterior lot lines.
12.22.2.3.2 Notwithstanding the provisions of Section 6.48.1, open -
sided roofed porches, balconies, uncovered terraces,
patios and decks not exceeding 3 metres above grade
without foundation and steps may project a maximum of
3.5 metres into the required rear yard.
12.22.2.3.3 Notwithstanding the provisions of Section 6.48.1, a bay,
bow or box window may have a maximum width of 4.5
metres with or without foundations and a bay, bow or box
window or fireplace may project 0.6 metres in the required
front, exterior and rear yards.
12.22.2.3.4 Notwithstanding the provisions of Section 6.48.1, sills,
belt courses, cornices, gutters, chimneys, pilasters,
eaves, parapets or canopies may project 0.6 metres into
all required yards.
12.22.2.4 Building Specifications
Height (maximum): 11.0 metres
Interior Garage Length (minimum): 6.0 metres
Interior Garage Width (minimum): 2.9 metres (single car)
5.4 metres (double car)
Interior Garage Width (maximum): 6.2 metres
12.22.2.4.1 Interior garage steps shall not encroach into the minimum
required parking space of 2.7 metres by 5.3 metres.
12.22.2.4.2 Notwithstanding the provisions of Section 12.2.3, the Lot
Coverage (maximum) shall not apply.
12.22.2.5 Parking
Notwithstanding the definition contained within Section
3.98 and the provisions of Section 6.26.1.1, the following
minimum parking standards shall apply:
By-law Number 5523-13
Page 12 of 22
A minimum of three (3) parking spaces shall be provided
for all dwelling units of which a minimum of one (1)
parking space shall be provided within a private garage
per unit, and a minimum of two (2) parking spaces shall
be provided on the driveway either side -by -side or in
tandem, including that portion of the driveway that
extends beyond the lot into the boulevard.
12.22.2.6 Private Outdoor Living Area
Notwithstanding the provisions of Section 15.3.1.3, a
screen wall and/or fence with a minimum height of 1.83
metres and a maximum height of 2.0 metres shall be
provided on either side of the private outdoor living area
to a minimum depth of 3.6 metres.
12.22.3 Holding Prefix/Symbol (H)
Notwithstanding the provisions of Section 12.22, while the
"H" Holding symbol is in place, no person shall, within the
lands zoned (H)R3-20, on Schedule "A" attached hereto,
use any lot or erect, alter or use any buildings or
structures for any purpose except those uses which
existed on the date of the passing of By-law Number
5523-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5523-13 shall occur, unless an amendment
to By-law. Number 5523-13 or the Zoning By-law is
approved by the Council of The Corporation of the Town
of Aurora and comes into full force and effect.
Removal of Holding Prefix/Symbol (H)
Prior to the passing of a by-law to remove the "H" Holding
symbol from the lands zoned (H)R3-20, or any part
thereof, the Town of Aurora shall be satisfied that the
following conditions shall be complied with:
i) the Town of Aurora has approved a transfer of
servicing allocation to this development that is not
dependent upon the completion of infrastructure; or
York Region has advised in writing that the required
infrastructure to support the capacity assignment
associated with this development will be completed
within a time period acceptable to the Region to
permit the plan registration, or the Regional
Commissioner of Environmental Services has
confirmed servicing allocation for this development
by a suitable alternative method and the Town of
Aurora has allocated the capacity to this
development:
ii) that there is adequate transportation services
available to accommodate the draft plan of
subdivision or any phase thereof;
iii) the removal of the "H" represents a logical and
orderly progression of development; and
iv) compliance with the relevant policies of the 2C
Secondary Plan (OPA No.73)."
By-law Number 5523-13 Page 13 of 22
5. THAT the Zoning By-law be and is hereby amended to add the following to
Section 15 - Row Dwelling Residential (R6):
(a)
(a) "SECTION 15.62 ROW DWELLING RESIDENTIAL (R6-58)1 EXCEPTION
ZONE
16.62.1 Uses Permitted
- Row Housing
- a home occupation
15.62.2 Zone Requirements
15.62.2.1 Lot Specifications (minimum)
Lot Area 160 square metres
Lot Frontage 6.0 metres
15.62.2.2 Siting Specifications (minimum)
Front Yard
- Main Building 4.5 metres
- Garage:
Single driveway 6.5 metres
(without sidewalk)
Single driveway 9.25 metres
(with sidewalk)
Double driveways 6.0 metres
(with or without
a sidewalk)
Rear Yard: 7.0 metres
Interior Side Yard: 1.2 metres
Exterior Side Yard:
- Main Building 3.0 metres
- Garage 6.0 metres
Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be
either flush with, or project in front of, the garage.
15.62.2.2.1 Notwithstanding the provisions of Section 6.28.1.i, the
maximum width of the driveway shall be 3.5 metres for a
single car garage.
15.62.2.2.2 Notwithstanding the provisions of Section 15.62.2.2.1, the
minimum required setback from the common lot line
between attached units shall be nil.
15.62.2.2.3 Notwithstanding the provisions of Section 6.48.1, the
required minimum distance separation between
balconies, open -sided roofed porches, uncovered
terraces, patios, steps and landings, and the common lot
line between attached units shall be nil.
By-law Number 5523-13
Page 14 of 22
15.62.2.2.4 Notwithstanding the provisions of Section 6.2.6 i), central
air conditioners and heat pumps shall be permitted in the
rear and exterior side yards only, subject to a minimum
setback of 4.5 metres from the rear lot line.
15.62.2.3 Yard Exemption and Setback Encroachment
Permitted
15.62.2.3.1 Notwithstanding the provisions of Section 6.48.1, open -
sided roofed porches, balconies, uncovered terraces,
patios and decks not exceeding 3 metres above grade
with and without foundation may project a maximum of 2
metres into the required front and exterior side yards
provided that no part of the porch is located closer than 2
metres to the front lot line. Steps may encroach into the
required front yard provided they are not located any
closer than 1 metre to the front and exterior lot lines.
15.62.2.3.2 Notwithstanding the provisions of Section 6.48.1, open -
sided roofed porches, balconies, uncovered terraces,
patios and decks not exceeding 3 metres above grade
without foundation and steps may project a maximum of
3.5 metres into the required rear yard.
15.62.2.3.3 Notwithstanding the provisions of Section 6.48.1, a bay,
bow or box window may have a maximum width of 4.5
metres with or without foundations and a bay, bow or box
window or fireplace may project 0.6 metres in the required
front, exterior and rear yards.
15.62.2.3.4 Notwithstanding the provisions of Section 6.48.1, sills,
belt courses, cornices, gutters, chimneys, pilasters,
eaves, parapets or canopies may project 0.6 metres into
all required yards.
15.62.2.4 Building Specifications
Height (maximum): 12.0 metres
Interior Garage Length (minimum): 6.0 metres
Interior Garage Width (minimum): 2.9 metres (single car)
15.62.2.4.1 Interior garage steps shall not encroach into the minimum
required parking space of 2.7 metres by 5.3 metres.
15.62.2.4.2 Notwithstanding the provisions of Section 15.2.3, the Lot
Coverage (maximum) shall not apply.
15.62.2.5 Parking
Notwithstanding the definition contained within Section
3.98 and the provisions of Section 6.26.1.1, the following
minimum parking standards shall apply:
A minimum of three (3) parking spaces shall be provided
for all dwelling units of which a minimum of one (1)
parking space shall be provided within a private garage
per unit, and a minimum of two (2) parking spaces shall
be provided on the driveway either side -by -side or in
tandem, including that portion of the driveway that
extends beyond the lot into the boulevard.
By-law Number 5523-13
Page 15 of 22
15.62.2.6
15.62.3
Private Outdoor Living Area
Notwithstanding the provisions of Section 15.3.1.3, a
screen wall and/or fence with a minimum height of 1.83
metres and a maximum height of 2.0 metres shall be
provided on either side of the private outdoor living area
to a minimum depth of 3.6 metres.
Holding Prefix/Symbol (H)
Notwithstanding the provisions of Section 15.62, while the
"H" Holding symbol is in place, no person shall, within the
lands zoned (H)R6-581, on Schedule "A" attached hereto,
use any lot or erect, alter or use any buildings or
structures for any purpose except those uses which
existed on the date of the passing of By-law Number
5523-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5523-13 shall occur, unless an amendment
to By-law Number 5523-13 or the Zoning By-law is
approved by the Council of The Corporation of the Town
of Aurora and comes into full force and effect.
Removal of Holding Prefix/Symbol (H)
Prior to the passing of a by-law to remove the "H" Holding
symbol from the lands zoned (H)R6-581, or any part
thereof, the Town of Aurora shall be satisfied that the
following conditions shall be complied with:
the Town of Aurora has approved a transfer of
servicing allocation to this development that is not
dependent upon the completion of infrastructure; or
York Region has advised in writing that the required
infrastructure to support the capacity assignment
associated with this development will be completed
within a time period acceptable to the Region to
permit the plan registration, or the Regional
Commissioner of Environmental Services has
confirmed servicing allocation for this development
by a suitable alternative method and the Town of
Aurora has allocated the capacity to this
development:
ii) that there is adequate transportation services
available to accommodate the draft plan of
subdivision or any phase thereof;
iii) the removal of the "H" represents a logical and
orderly progression of development; and
iv) compliance with the relevant policies of the 2C
Secondary Plan (OPA No.73)."
(b) "SECTION 15.63 ROW DWELLING RESIDENTIAL (R6-59)' EXCEPTION
ZONE
15.63.1 Uses Permitted
Row Housing
a home occupation
By-law Number 5523-13
Page 16 of 22
16.63.2
15.63.2.1
Zone Requirements
Lot. Specifications(minimum)
Lot Area 160 square metres
Lot Frontage 6.0 metres
15.63.2.2 Siting Specifications (minimum)
Front Yard:
- Main Building 4.5 metres
- Garage 6.0 metres
Rear Yard: 7.0 metres
Interior Side Yard: 1.2 metres
Exterior Side Yard:
- Main Building 3.0 metres
- Garage 6.0 metres
Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be
either flush with, or project in front of, the garage.
15.63.2.2.1 Notwithstanding the provisions of Section 6.28.1.i, the
maximum width of the driveway shall be 3.5 metres for a
single car garage.
15.63.2.2.2 Notwithstanding the provisions of Section 15.63.2.2.1, the
minimum required setback from the common lot line
between attached units shall be nil.
15.63.2.2.3 Notwithstanding the provisions of Section 6.48.1, the
required minimum distance separation between
balconies, open -sided roofed porches, uncovered
terraces, patios, steps and landings, and the common lot
line between attached units shall be nil.
15.63.2.2.4 Notwithstanding the provisions of Section 6.2.6 i), central
air conditioners and heat pumps shall be permitted in the
rear and exterior side yards only, subject to a minimum
setback of 4.5 metres from the rear lot line.
15.63.2.3 Yard Exemption and Setback Encroachment
Permitted
15.63.2.3.1 Notwithstanding the provisions of Section 6.48.1, open -
sided roofed porches, balconies, uncovered terraces,
patios and decks not exceeding 3 metres above grade
with and without foundation may project a maximum of 2
metres into the required front and exterior side yards
provided that no part of the porch is located closer than 2
metres to the front lot line. Steps may encroach into the
required front yard provided they are not located any
closer than 1 metre to the front and exterior lot lines.
15.63.2.3.2 Notwithstanding the provisions of Section 6.48.1, open
sided roofed porches, balconies, uncovered terraces,
By-law Number 5523-13 Page 17 of 22
patios and decks not exceeding 3 metres above grade
without foundation and steps may project a maximum of
3.5 metres into the required rear yard.
15.63.2.3.3 Notwithstanding the provisions of Section 6.48.1, a bay,
bow or box window may have a maximum width of 4.5
metres with or without foundations and a bay, bow or box
window or fireplace may project 0.6 metres in the required
front, exterior and rear yards.
15.63.2.3.4 Notwithstanding the provisions of Section 6.48.1, sills,
belt courses, cornices, gutters, chimneys, pilasters,
eaves, parapets or canopies may project 0.6 metres into
all required yards.
15.63.2.4 Building Specifications
Height (maximum): 12.0 metres
Interior Garage Length (minimum): 6.0 metres
Interior Garage Width (minimum): 2.9 metres (single car)
15.63.2.4.1 Interior garage steps shall not encroach into the minimum
required parking space of 2.7 metres by 5.3 metres.
15.63.2.4.2 Notwithstanding the provisions of Section 15.2.3, the Lot
Coverage (maximum) shall not apply.
15.63.2.5 Parking
Notwithstanding the definition contained within Section
3.98 and the provisions of Section 6.26.1.1, the following
minimum parking standards shall apply:
A minimum of two (2) parking spaces shall be provided, of
which a minimum of one (1) parking space shall be
provided within a private garage per unit, and a minimum
of one (1) parking spaces shall be provided on the
driveway.
15.63.2.6 Private Outdoor Living Area
Notwithstanding the provisions of Section 15.3.1.3, a
screen wall and/or fence with a minimum height of 1.83
metres and a maximum height of 2.0 metres, shall be
provided on either side of the private outdoor living area
to a minimum depth of 3.6 metres.
15.63.3 Holding Prefix/Symbol (H)
Notwithstanding the provisions of Section 15.63, while the
"H" Holding symbol is in place, no person shall, within the
lands zoned (H)R6-591, on Schedule "A" attached hereto,
use any lot or erect, alter or use any buildings or
structures for any purpose except those uses which
existed on the date of the passing of By-law Number
5523-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5523-13 shall occur, unless an amendment
to By-law Number 5523-13 or the Zoning By-law is
approved by the Council of The Corporation of the Town
of Aurora and comes into full force and effect.
By-law Number 5523-13 Page 18 of 22
Removal of Holding Prefix/Symbol (H)
Prior to the passing of a by-law to remove the "H" Holding
symbol from the lands zoned (H)R6-591, or any part
thereof, the Town of Aurora shall be satisfied that the
following conditions shall be complied with:
i) the Town of Aurora has approved a transfer of
servicing allocation to this development that is not
dependent upon the completion of infrastructure; or
York Region has advised in writing that the required
infrastructure to support the capacity assignment
associated with this development will be completed
within a time period acceptable to the Region to
permit the plan registration, or the Regional
Commissioner of Environmental Services has
confirmed servicing allocation for this development
by a suitable alternative method and the Town of
Aurora has allocated the capacity to this
development:
ii) that there is adequate transportation services
available to accommodate the draft plan of
subdivision or any phase thereof;
iii) the removal of the "H" represents a logical and
orderly progression of development; and
iv) compliance with the relevant policies of the 2C
Secondary Plan (OPA No.73)."
6. THAT the Zoning By-law be and is hereby amended to add the following to
Section 23.0 — Residential Commercial (C7) Zone:
"SECTION 23.C.14 RESIDENTIAL COMMERCIAL (C7-3) EXCEPTION
ZONE
Notwithstanding the provisions of Section 23.C, the following provisions shall
apply:
23.C.14.1 Uses Permitted
a) Commercial Uses
- convenience retail stores, personal service
shops and dry cleaning distribution stations or
depots (provided that the combined gross floor
area of all above uses does not exceed 3,500
square metres)
- animal hospital
- bake shop special
- banks or financial institution
- business and professional office
- clinic
- day care centre
- health centre
- restaurant
- restaurant, take out
By-law Number 5523-13 Page 19 of 22
- retail store
- school, commercial
- tavern and public house
b) Residential Uses
- apartment dwelling units above the first storey
only
23.C.14.2 Zone Requirements
Notwithstanding the provisions of Section 3.78, for the
lands zoned C7-3, the northerly lot line adjacent to St.
John's Side Road shall be deemed to be the front lot line.
23.C.14.2.1 Lot Specifications (minimum)
Lot Area 4,000 square metres
Lot Frontage 50 metres
23.C.14.2.2 Siting Specifications (minimum)
Front Yard:
1.5 metres
Rear Yard:
3.0 metres
Interior Side Yard:
3.0 metres
Exterior Side Yard:
3.0 metres
23.C.14.2.3 Building Specifications
Lot Coverage (minimum): 20 percent
Floor Space Index (minimum): 0.25
Height (maximum): 3 storeys
23.C.14.2.4 Parking
23.C.14.2.4.1 In accordance with the provisions of Section 6.26.
Notwithstanding any provisions to the contrary, parking
for commercial uses shall be provided at a minimum ratio
of 3.5 parking spaces per 100 square metres of gross
floor area.
23.C.14.2.4.2 Notwithstanding the provisions of Section 23.C.14.2.4.1,
parking spaces for the clinic use shall be provided
according to Section 6.26.
23.C.14.2.4.3 Notwithstanding the provisions of Section 6.26.1.2, a
minimum of 1.25 spaces shall be provided per dwelling
unit and 20 percent of the spaces provided shall be set
aside for and visually identified as visitor's parking.
23.C.14.2.5 Buffer Strip
Notwithstanding the provisions of Section 6.31, a buffer
strip shall be provided adjacent to all public roads which
shall be used for no other purpose other than
landscaping and access. The width of the required buffer
strip shall be a minimum of 3.0 metres.
By-law Number 5523-13 Page 20 of 22
23.C.14.2.6 Amenity Area
Notwithstanding the provisions of Section 7.2, a minimum
of 16 square metres of amenity area shall be provided
per dwelling unit through a combination of shared indoor
and outdoor building amenities and private balconies.
The required amenity area shall be permitted above
grade level.
23.C.14.3 Holding Prefix/Symbol (H)
Notwithstanding the provisions of Section 23.C.14, while
the "H" Holding symbol is in place, no person shall, within
the lands zoned (H)C7-3, on Schedule "A" attached
hereto, use any lot or erect, alter or use any buildings or
structures for any purpose except those uses which
existed on the date of the passing of By-law Number
5523-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5523-13 shall occur, unless an amendment
to By-law Number 5523-13 or the Zoning By-law is
approved by the Council of The Corporation of the Town
of Aurora and comes into full force and effect.
Removal of Holding Prefix/Symbol (H)
Prior to the passing of a by-law to remove the "H" Holding
symbol from the lands zoned (H)C7-3, or any part thereof,
the Town of Aurora shall be satisfied that the following
conditions shall be complied with:
i) the Town of Aurora has approved a transfer of
servicing allocation to this development that is not
dependent upon the completion of infrastructure; or
York Region has advised in writing that the required
infrastructure to support the capacity assignment
associated with this development will be completed
within a time period acceptable to the Region to
permit the plan registration, or the Regional
Commissioner of Environmental Services has
confirmed servicing allocation for this development
by a suitable alternative method and the Town of
Aurora has allocated the capacity to this
development:
ii) that there is adequate transportation services
available to accommodate the draft plan of
subdivision or any phase thereof;
iii) the removal of the "H" represents a logical and
orderly progression of development; and
iv) compliance with the relevant policies of the 2C
Secondary Plan (OPA No.73)."
7. THAT all other terms, provisions, and existing amendments of the Zoning By-
law remain the same.
8. 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
By-law Number 5523-13
Page 21 of 22
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 25TH DAY OF JUNE, 2013.
READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF JUNE, 2013.
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By-law Number 5523-13 Page 22 of 22
Explanatory Note
Re: Zoning By-law Number 5523-13
By-law Number 5523-13 has the following purpose and effect:
To amend By-law Number 2213-78, as amended, being the Zoning By-law in effect
in the Town of Aurora, to rezone the subject lands from "Rural General (RU) Zone"
and 'Institutional (1) Zone" to:
(a) "Detached Dwelling Second Density Residential (R2-96)'
(b) "Detached Dwelling Second Density Residential (R2-97)'
(c) "Detached Dwelling Second Density Residential (R2-98)'
(d) "Semi -Detached and Duplex Dwelling Third Density
Exception Zone;
(e) 'Row Dwelling Residential (R6-58)1 Exception Zone";
(f) 'Row Dwelling Residential (R6-59)1 Exception Zone";
(g) 'Residential Commercial (C7-3) Exception Zone";
(h) "Environmental Protection (EP-15) Exception Zone";
(i) "Major Open Space (0-9) Exception Zone"; and
Q) "Major Open Space (0-15) Exception Zone".
Exception Zone';
Exception Zone';
Exception Zone';
Residential (R3-20)
The rezoning will permit a draft plan of subdivision with a total of 553 residential
units consisting of single detached dwelling lots; semi-detached lots and townhouse
lots. The holding symbol applying to the lands shall be lifted upon satisfying the
terms of the holding symbol as identified in this By-law.
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