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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. ADproctedas togbrm Bytegalsemk' a Sigemwe WCUM_ 'j/�/tp;� Dale: ,ei7'-0-...."' C;I RO',I . el • •• TOWN CLERK 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. . B N &u}z 99£z ;§-J§ Z®/m \\LIJ �\ q§ � \§2q /)]K aw§E z7§§ K"w� . LLI )\- »-o; LLZN._ 93w N :IXmz Z�uo oex- 0U)mE Q U)w£n co.x � _ LU zW- LO LO k k.§/I E k wzoo \ kFo jlz§ 2 » § §§2§ m 0\)} � m Z W § q_f(0 g ®b&$ to )ozz m N 7 - k §()/ $ « UIL f XL) Y § 2\-a. K «9qq . z mw � a.�k\/.' o wwz-z @LU -Jo ] (§§)k Q LU 2JL Q § °22§v � )§zwgLu 2 am in zC3 M g 0 xw=ow Q / 2�2m) « oo- LL 2 w .fL U.2)|-z 2k§k\ S % §2WZ§ w=Z0k \ Z (�\in e � �.«W« � « § M LO §