BYLAW - ZBA St Johns Road Development File D14 01 12 - 20130625 - 552431THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5524-13
BEING A BY-LAW to amend
Zoning By-law Number
2213-78, as amended (St.
John's Road Development
Corp., File D14-01-12).
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" category 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)2 Exception
Zone';
(b) "Detached Dwelling Second Density Residential (R2-97)2 Exception
Zone';
(c) "Environmental Protection (EP-15) Exception Zone";
(d) "Institutional (1-26) Exception Zone";
(e) "Major Open Space (0-9) Exception Zone'; and
(f) "Major Open Space (0-15) Exception Zone".
2. THAT, for the purpose of clarification, the sub -notation ,2" 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:
(a) "SECTION 11.98 DETACHED DWELLING SECOND DENSITY
RESIDENTIAL (R2-96)2 EXCEPTION ZONE
11.98.1 Uses Permitted
- one detached dwelling per lot
- a home occupation
By-law Number 5524-13
Page 2 of 8
11.98.2
11.98.2.1
11.98.2.2
Zone Requirements
Lot Specifications (minimum)
Lot Area
Lot Frontage
Siting Specifications
Front Yard:
- Main Building
- Garage
Rear Yard (minimum):
340 square metres
13.0 metres
4.5 metres
6.0 metres
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
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
By-law Number 5524-13 Page 3 of 8
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)R2-962, 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
5524-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5524-13 shall occur, unless an amendment
to By-law Number 5524-13 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)R2-962, or any part
thereof, the Town of Aurora shall be satisfied that the
following conditions shall be complied with:
By-law Number 5524-13
Page 4 of 8
(b) "SECTION 11.99
11.99.1
11.99.2
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)."
DETACHED DWELLING SECOND DENSITY
RESIDENTIAL (R2-97)2 EXCEPTION ZONE
Uses Permitted
- one detached dwelling per lot
- a home occupation
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
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
By-law Number 5524-13 Page 5 of 8
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.
11.99.2.2.1 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.
11.99.2.4
Building Specifications
Height (maximum):
Interior Garage Length (minimum):
Interior Garage Width (minimum):
Interior Garage Width (maximum):
11.0 metres
6.0 metres
2.9 metres (single car)
5.4 metres (double car)
6.2 metres
11.99.2.4.1 Interior garage steps shall not encroach into the minimum
required parking space of 2.7 metres by 5.3 metres.
By-law Number 5524-13
Page 6 of 8
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)R2-972, 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
5524-13. Furthermore, no extension or enlargement of
the uses which existed on the date of the passing of By-
law Number 5524-13 shall occur, unless an amendment
to By-law Number 5524-13 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)R2-972, 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-law Number 5524-13 Page 7 of 8
9
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)."
THAT the Zoning By-law be and is hereby amended to add the following to
Section 28 - Institutional (1) Zone:
"SECTION 28.25 INSTITUTIONAL (1-26) EXCEPTION ZONE
Notwithstanding the provisions of Section 28, the following provisions shall
apply:
28.25.1 Uses Permitted
Notwithstanding the provisions of Sections 28.1 and
31.1, the lands zoned (1-26) may only be used for:
public or private schools
- parks, public and private
28.25.2 Zone Requirements
In accordance with Section 28.2."
THAT all other terms, provisions, and existing amendments of the Zoning By-
law remain the same.
6. 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 25TH DAY OF DUNE, 2013.
READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF DUNE, 2013.
9tpprovedestogbrm QfEOFFR AWE, MAYOR
ByLegafSernicrs
srg/raewtiJn)acu� �1�._
�� a 2oi3 A
JOHN EY.r'[;EA\CH, TOWN CLERK
By-law Number 5524-13 Page 8 of 8
Explanatory Note
Re: Zoning By-law Number 5524-13
By-law Number 5524-13 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"
to:
(a) "Detached Dwelling Second Density Residential (R2-96)2 Exception Zone";
(b) "Detached Dwelling Second Density Residential (R2-97)2 Exception Zone";
(c) "Institutional (1-26) Exception Zone";
(d) "Environmental Protection (EP-15) Exception Zone";
(e) "Major Open Space (0-9) Exception Zone'; and
(f) "Major Open Space (0-15) Exception Zone".
The rezoning will permit a draft plan of subdivision with a total of 116 residential units
consisting of single detached dwelling 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.
Schedule "A" To By -Law Number 5524-13
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Part Lots 24 & 25, Con. 2, Part 1, 65R15791, Except Parts 1 to
10, 65R25997 (PIN 03642-0607) (15775 Bayview Avenue)
THAT THE ZONING BY-LAW BE AND IS HEREBY AMENDED TO REPLACE
THE "RURAL GENERAL (RU) ZONE" WITH "DETACHED DWELLING
SECOND DENSITY RESIDENTIAL (112-96) EXCEPTION ZONE", "DETACHED
DWELLING SECOND DENSITY RESIDENTIAL (112-97) EXCEPTION ZONE",
"ENVIRONMENTAL PROTECTION (EP-15) EXCEPTION ZONE",
"INSTITUTIONAL (1-26) EXCEPTION ZONE", "MAJOR OPEN SPACE (0-9)
EXCEPTION ZONE", AND "MAJOR OPEN SPACE (0-15) EXCEPTION ZONE".