BYLAW - Amend 2213 78 (Beavertop, Bayview, Schmidt) - 19900628 - 320690BY-LAW NUMBER 3206-90
(Beavertop, Bayview Business
Park, G.W. and E.J. Schmidt)
OF THE CORPORATION OF THE TOWN OF AURORA
BEING A BY-LAW to amend By-law No. 2213-78
WHEREAS it is deemed advisable to amend By-law number 2213-78.
NOW THEREFORE the Council of the Corporation of the Town of Aurora enacts
as follows:
1. That the zoning category applying to the lands shown in shading on
Schedule 'A' attached hereto and forming part of this By-law is hereby
amended from "Rural General (RU) Zone" and "Environmental Protection
(E.P.) Zone" to "Prestige Industrial (M4) Zone", "General Industrial
Specific (M5) Zone", "General Industrial Specific (M5-1) Exception
Zone", "Industrial Commercial (C5) Zone", "Shopping Centre Commercial
( C4-5) Exception Zone", "Office Commercia 1 ( C6) Zone", "Office
Commercial (C6-1) Exception Zone", "Institutional (I-7) Exception
Zone", ''Institutional (I-8) Exception Zone", ''Major Open Space (0)
Zone", and "Major Open Space (0-9) Exception Zone".
2. That Schedule 'L' is hereby added to By-law 2213-78.
3. That Section 3 is hereby amended by adding the following as Section
3.146:
3.146 DEFINITIONS (SPECIFIC)
The following definitions shall only apply 'to Part Lots 81 to 85
inclusive, Concession 1 E.Y.S, more particularly described on Schedule
'L' attached hereto and forming part of this By-law.
3.146.a Adult Entertainment Parlour
means any premises or part thereof in which is provided, in
pursuance to a trade, calling, business or occupation, services
appealing to or designed to appeal to erotic or sexual appetites
or inclinations.
3.146.b Banguet Hall
3.146.c
means a bui 1 ding or part of a building used for the purpose of
entertaining a large assembly of people and where food and liquor
may be provided, however, shall not include an adult entertainment
parlour.
Floor Area Ratio
means the gross floor area of all buildings on a lot expressed as
a percentage of the lot area, and for the purpose of this
definition the maximum floor area ratio in each zone shall apply
only to that portion of such lot which is located within said
zone. For the purpose of calculating a Floor Area Ratio, gross
floor area shall mean the aggregate of the floor areas of a
building above or below grade, measured between the exterior faces
of the exterior walls of the building at each floor level but
excluding car parking areas within the building.
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3.146.d Health Centre
means a building or part thereof which is used for the purpose of
physical fitness and may include a gymnasium, exercise room, steam
room, sauna, squash, handball and racquetball courts, sun room,
swimming pool, massage room or other related facilities, but not
including a commercial body rub or massage parlour.
3.146.e Parking Garage
means a structure used for the parking of motor vehicles, including
pedestrian ~isles, aisles, and manoeuvering areas.
3.146.f Place of Entertainment
means a motion picture or other theatre, arena, auditorium, public
hall, bowling alley, ice or roller skating rink, billiard hall,
however, shall not include an adult entertainment parlour.
3.146.g Street Line
notwithstanding the prov1s1ons of Section 3.124, for the purposes of
this section, Street Line shall mean the dividing line between a lot
and a street. Where a reserve abuts a street, the Street Line shall
mean the dividing line between a lot and the reserve.
3.146.h Research Laboratory
means a building or part thereof which is used for the purpose of
research and development including investigations involving the
natural and physical sciences including such matters as chemistry,
medical services, electronics and research involved with the
manufacturing process.
3.146.i Trade School
means a school of seven ( 7) or more pupi 1 s conducted for specific
trades re 1 a ted to the construction and manufacturing industry,
services for people and services for business and without limiting the
generality of the foregoing may include the facilities for the
training of carpenters, plumbers, welders, barbers, tailors,
hairdressers and those involved in the electronics industry.
3.146.j Data Processing Centre
means a building or part of a building used for information storage
and retrieval through the use of electronic computers, the production
of computer programs, word processing and the maintenance of records
including corporate accounts and cheque processing.
4. That Section 6 is hereby amended by adding the following as Section
6.49:
6.49 GENERAL PROVISIONS (SPECIFIC)
The following provisions shall only apply to Part Lots 81 to 85
inclusive, Concession 1 E.Y.S, more particularly described on Schedule
'L' attached hereto and forming part of this By-law.
6.49.a Accessory Buildings or Structures
i) Notwithstanding the prov1s1ons of Section 6.2.2 respecting
location, in all M4, M5, C5, and C6 zones, and in the C4-5 zone,
any accessory building or structure shall comply with the yard and
setback requirements of the zone in which such building or
structure is situated.
ii) Notwithstanding the provisions of section 6.49.a.i above, in the
M5-1 zone, a gatehouse shall be permitted in a front or side yard.
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6.49.b Landscaping Requirements In All M4, M5, C5, and C6 Zones, and In
The t-7, and c4-5 zones
i) A strip of land shall be provided adjacent to the entire length of
all lot lines which shall be used for no other purpose than
landscaping. Notwithstanding the above and the provisions of
Section 3.64, for the purposes of this section, such 1 andscapi ng
may include retaining walls and curbs. Access ramps or driveways
shall be permitted to cross such landscaping strips, provided they
are more or less perpendicular to the street line. The width of
the required landscaping strips shall be a minimum of:
6 ,·~etres abutting Bayview Avenue, St. John's Sideroad and
Wellington Street East, or a reserve abutting any such street;
4.5 metres abutting John West Way;
3 metres abutting all other street lines;
3 metres abutting lands shown zoned 0-9 on Schedule 'A';
3 metres abutting all interior side lot lines in the M4 and
C5 zones.
ii) Unless otherwise provided in this By-law, a m1n1mum of ten
percent (10%) of the area of every lot on which a building or
structure is erected, shall be used for no other purpose than
landscaping.
iii) Where the number of parking spaces in a parking area, other than a
parking garage, exceeds twenty (20), there shall be landscaping
within the parking area and occupying an area equivalent to not
less than five percent (5%) of the parking area.
6.49.c Parking Space Requirements
Notwithstanding any provisions to the contrary:
i) All parking spaces shall be located a minimum of one decimal five
(1.5) metres from any side or rear lot line.
ii) When a building or structure accommodates more than one (1) type
of use as defined in this By-1 aw the parking space requirements
for the whole building shall be the sum of the requirements for
the separate parts of the building occupied by the separate types
of use, calculated in accordance with Section 6.27 and the
fall owing:
Type of Use
Banquet Hall
Commercial Schools
Minimum Parking Required
-eleven (11) spaces for each 100 square
metres of floor area
-four (4) parking spaces for each teaching
classroom; plus,
-additional spaces for any area for public
assembly in accordance with Section 6.26.1.7
Data Processing Centre -4.5 spaces for each ninety (90) square
metres of the facility involved with the
data processing; plus,
Day Care Centres
Health Centre
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one (1) space for each ninety (90) square
metres of the facility used for storage
purposes
-one (1} space for each 10 children of
licensed capacity; plus,
-0.25 spaces per employee; plus,
-one service vehicle space
-five (5} parking spaces for each squash,
racquetball or handball court; plus,
-six (6) parking spaces for each tennis
court; plus,
-one (1) parking space for each 30 square
metres of gross floor area devoted to
exercise rooms, gymnasia and similar such
uses related to physical fitness
Multiple Occupancy Buildings
in all M4 and M5 Zones
The sum of the requirements for each premises
in the building. The requirement for each
premises shall be the greater of:
a)
b)
Research Laboratory
three (3) spaces for each 100 square metres
for the first 100 square metres of floor area
of each premises and 1 space for each 50
square metres for the remaining floor area of
the premises; or
the sum of the requirements for the floor area
devoted to each type of separate use.
-3.3 parking spaces for each ninety (90)
square metres of the laboratory area and any
associated office space; plus
one space for each ninety (90) square
metres of the facility used for storage
purposes
Trade School -four (4) parking spaces for each teaching
classroom; plus,
6.49.d
5.
Structure
additional spaces for any area for public
assembly in accordance with Section
6.26.1.7; plus,
one space for each ninety (90) square
metres of the facility used for storage
purposes
Notwithstanding the prov1s1ons of Section 3.125, "structure'' means
anything that is constructed or erected on the ground or attached
to something located on the ground excluding, however, a fence of
less than or equal to 2.5 metres in height.
That the following is added as Section 27.A "Prestige Industrial (M4)
Zone":
The following provisions shall apply to all Prestige Industrial (M4)
Zones.
27.A.1
27.A.2
a)
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USES PERMITTED
any industrial undertaking that is conducted and wholly
contained within an enclosed building and is not obnoxious or
hazardous by reason of sound, odour, inflammability, dust, fumes
or smoke and which shall not be detrimental in appearance or
effect to surrounding uses and shall include: warehouses;
the manufacturing, assembly and processing of manufactured
goods; and printing and publishing establishments.
b) office use accessory to a permitted use on the same premises,
as listed in a) above, provided that the floor area of the
office space does not exceed 40% of the total floor area of the
premises
c) data processing centres
research laboratories
trade schools
day care centres
dwelling unit of a caretaker or person employed in the
maintenance staff of a permitted use on the same lot in
accordance with the provisions of Section 7.4
ZONE REQUIREMENTS
27.A.2.1 lot Specifications
lot Area (minimum) 8,000 square metres
60 metres lot Frontage (minimum)
27.A.2.2 Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
9 metres
9 metres
6 metres
9 metres
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
Minimum Building Setback from
the street line of St. John's
Sideroad and Bayview Avenue 15 metres
27.A.2.3 Building Specifications
Height (maximum) 15 metres
60 percent
27.A.3
27.A.4
27.A.5
lot Coverage (maximum)
LANDSCAPING REQUIREMENTS
In accordance with Section 6.49.a hereof
PARKING
In accordance with Section 6.49.b hereof
LOADING
Notwithstanding the provisions of Section 24.2.7 respecting
1 ocati on of 1 oadi ng spaces, for 1 ands abutting the St. John's
Sideroad and Bayview Avenue, or a reserve abutting such streets,
and for lands abutting the 0-9 zone, all loading spaces and
loading doors shall be located only in an interior side yard and
sha 11 be appropriately screened. On a 11 other 1 ands zoned M4,
1 oading spaces and 1 oadi ng doors sha 11 be 1 ocated such that they
do not face a pub 1 i c street and sha 11 be appropriately screened.
All other provisions of Section 24.1 and 24.2 shall apply.
(
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6, That the following is added as Section 27.B "General Industrial
Specific (M5) Zone'':
27.B.l
The following provisions shall apply to all General Industrial
Specific (M5) Zones.
USES PERMITTED
a) all uses permitted under Section 27.A.l.a hereof
b) -bakeries
-service shops, heavy
-service shops, light
-machine or welding shops
-plumbing and electrical shops
-sheet metal shops
-dry cleaning establishments
-curling rinks and arenas
-private clubs
-religious institutions
c) office use accessory to a permitted use on the same premises, as
listed in a) and b) above, provided that the floor area of the
office space shall not exceed 40% of the total floor area of the
premises
d) all uses permitted under Section 27.A.1.c hereof with the
exception of day care centres
e) ancillary retail uses in accordance with the following:
Notwithstanding the provisions of Section 3.108(i), ancillary retail sales
and ancillary· retail display shall be limited to goods manufactured or
assembled on the premises. The area used for ancillary retail display and
sales shall be wholly within an enclosed building. The floor area of the
ancillary retail display and sales shall not exceed 10 percent of the floor
area of the premises and shall be separated from the rest of the premises by
a solid partition extending from the floor to the ceiling.
27.B.2 ZONE REQUIREMENTS
27.B.2.1 Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
27.B.2.2 Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum):
-buildings up to
10 metres in height
-buildings over 10 metres
up to 15 metres in height
Exterior Side Yard (minimum)
27.B.2.3 Building Specifications
Height (maximum)
Lot Coverage (maximum)
27.B.3 LANDSCAPING REQUIREMENTS
4,000 square metres
45 metres
9 metres
9 metres
3 metres
6 metres
9 metres
15 metres
60 percent
In addition to the landscaping requirements of Section 6,49.a
hereof, a landscape strip of a minimum width of 3 metres shall be
provided adjacent to all interior side lot lines extending a
minimum distance of 8.3 metres from the rear lot line.
27.B.4 PARKING
In accordance with Section 6.49.b hereof.
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27.B.5 LOADING
7.
Notwithstanding the prov1s1ons of Section 24.2.7 respecting
location of loading spaces, for lands abutting the 0-9 zone, all
loading spaces and loading doors shall be located only in an
interior side yard, and shall be appropriately screened. All
other provisions of Section 24.1 and 24.2 shall apply.
That the' following is added as Section 27 .B.6 "General Industrial
Specific (M5-1) Exception Zone":
27.B.6.1 USES PERMITTED
-all uses permitted under Section 27.B.1 hereof with the
exception that office use accessory to a permitted use on the
same premises, shall not exceed 20% of the total floor area of
the premises
-limited outdoor storage in accordance with the provisions of
Section 27.8.6.6 hereof
27.8.6.2 ZONE REQUIREMENTS
27.8.6.2.1 Lot Specifications
In accordance with Section 27.8.2.1 hereof
27.8.6.2.2 Siting Specifications
In accordance with Section 27.8.2.2 hereof
27.B.6.2.3 Building Specifications
In accordance with Section 27.8.2.3 hereof
27.8.6.3 LANDSCAPING REQUIREMENTS
In accordance with Section 6.49.a hereof.
27.8.6.4 PARKING
In accordance with Section 6.49.b hereof.
27.B.6.5 LOADING
Notwithstanding the prov1s1ons
location of loading spaces, all
shall be located such that they
shall be appropriately screened.
24.1 and 24.2 shall apply.
27.8.6.6 OUTSIDE OR OPEN STORAGE
of Section 24.2.7 respecting
loading spaces and loading doors
do not face a public street, and
All other provisions of Section
Outside or open storage shall only be permitted if accessory to
the principal use on the same lot and subject to the following
provisions:
i) An open storage area shall be permitted only in a rear yard and
not closer than 9 metres to any street line;
ii) There shall be no open storage on any lot unless there is an
existing building with a gross floor area of at least 550 square
metres;
iii) An open storage area shall be exclusive of parking spaces and
shall not exceed thirty percent (30%) of the lot area;
iv) No open storage other than machinery and equipment shall exceed 3
metres in height;
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v) An open storage area shall be completely enclosed by a stone or
masonry wall, a close board fence, or a chain link fence with
appropriate landscaping screen, and no such enclosure shall be
less than 2 metres in height nor shall exceed 2.5 metres in
height.
vi) A landscaping strip shall be provided along all lot lines the
minimum width of which shall be the greater of three (3) metres
or as required under Section 6.49.a;
vii) The open storage of any goods or materials which are obnoxious,
visually or otherwise, including derelict or scrap: motor vehicles
machinery and appliances or equipment shall not be permitted.
8. That the following is added as Section 23.A "Industrial Commercial
(C5) Zone":
The following provisions shall apply to all Industrial Commercial
(C5) Zones.
23.A.I USES PERMITTED
23.A.2
a) -banks or other financial establishments
-business and professional offices, excluding medical
-hotels and motels including accessory convention facilities
-private clubs and health centres
-banquet halls, restaurants, taverns
-data processing centres
-printing shop and office supplies
-personal service shops
-travel agency
-bowling alley
-commercial schools
b) Notwithstanding any provisions to the contrary, accessory uses
shall be permitted in business or other professional office
buildings, hotels and motels, in accordance with the following
provisions:
i) Retail uses to serve the occupants of office buildings, or
the patrons of a hotel or motel, and notwithstanding the
generality of the foregoing, retail uses shall only include
convenience goods such as newspapers, magazines, tobacco
products and candy.
ii) The accessory uses permitted in i) above shall be subject to
the following provisions:
-no access shall be permitted except from the interior of
the building;
-outdoor exterior signs advertising the accessory uses shall
not be permitted.
ZONE REQUIREMENTS
23.A.2.1 Lot Specifications
Lot Area (minimum) 8,000 square metres
60 metres Lot Frontage (minimum)
23.A.2.2 Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
Minimum Building Setback from the
street line of St. John's
Sideroad and Bayview Avenue
9 metres
9 metres
6 metres
9 metres
15 metres
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23.A.2.3 Building Specifications
Height (maximum)
Floor Area Ratio (maximum)
Coverage (maximum)
15 metres
100 percent
35 percent
23.A.3
23.A.4
23.A.5
LANDSCAPING REQUIREMENTS
In accordance with Section 6.49.a hereof.
PARKING
In accordance with Section 6.49.b hereof.
LOADING
Notwithstanding the prov1s1ons of Section 19.2, all loading spaces
and 1 oadi ng doors shall be 1 ocated such that they do not face a
public street, and shall be appropriately screened. All other
provisions of Section 19.2 shall apply.
9. That Section 23 is hereby amended by adding the following as Section
23.5 "Shopping Centre Commercial (C4-5) Exception Zone":
23.5 USES PERMITTED
-banks or financial establishments
-bowling alleys
-business and professional offices
-clinics
-drug stores
-dry cleaning establishments
-libraries, post offices and government administrative offices
- 1 aundri es
-medical and dental laboratories
-personal service shops
-restaurants
-retail stores
-supermarkets
-one apartment suite per shopping centre for caretaker
accommodation in accordance with the provisions of Section 7.4
23.5.2 ZONE REQUIREMENTS
23.5.2.1 Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
23.5.2.2 Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
Minimum Building Setback from
the street line of Wellington
Street
23.5.2.3 Building Specifications
Height (maximum)
Lot Coverage (maximum)
23.5.3 LANDSCAPING REQUIREMENTS
8,000 square metres
30 metres
12 metres
7.5 metres
7.5 metres
12 metres
15 metres
10 metres
35 percent
In accordance with Section 6.49.a hereof.
23.5.4 PARKING
In accordance with Section 6.49.b hereof.
23.5.5
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LOADING
Notwithstanding the prov1s1ons of Section 19.2, all loading spaces
and loading doors shall be located such that they do not face a
pub H c street, and shall be appropriately screened. All other
provisions of Section 19.2 shall apply.
10. That the following is added as Section 23.B "Office Commercial (C6)
Zone":
23.B.1
23.B.2
The following provisions shall apply to all Office Commercial (C6)
Zones.
a)
b)
USES PERMITTED
business and professional offices, excluding medical
a limited amount of ancillary commercial uses shall be permitted
in buildings which exceed two storeys in height. For the purposes
of this section a partial second storey or a mezzanine level shall
not be considered to constitute a storey. The ancillary
commercial uses shall be permitted on the ground floor only. The
combined floor space occupied by all ancillary commercial uses
shall not exceed 50 percent of the total ground floor area. The
permitted ancilliary commercial uses shall include only the
following:
-banks and financial institutions
-restaurants and banquet halls
-printing shops
-business and office supplies
-"personal service shops
-private clubs and health centres
-retail uses limited to the sale of only convenience goods
such as newspapers, magazines, tobacco products and candy,
and provided that access be only from the interior of the
building.
ZONE REQUIREMENTS
23.B.2.1 Lot Specifications
Lot Area (minimum) 8,000 square metres
60 metres Lot Frontage (minimum)
23.B.2.2 Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
Minimum Building Setback from
the street line of Wellington
Street
23.B.2.3 Building Specifications
Height (maximum)
Floor Area Ratio (maximum)
Coverage (maximum)
23.B.3 LANDSCAPING REQUIREMENTS
12 metres
9 metres
6 metres
12 metres
15 metres
12 metres
100 percent
35 percent
In accordance with Section 6.49 hereof.
23.B.4 PARKING
In accordance with Section 6.49.b hereof.
23.B.5
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LOADING
Notwithstanding the prov1s1ons of Section 19.2, all loading spaces
and 1 oadi ng doors sha 11 be 1 ocated such that they do not face a
public street or a reserve abutting such street, and shall be
appropriately screened. All other provisions of Section 19.2
shall apply.
II. That the following is added as Section 23.B.6
(C6-1) Exception Zone'':
"Office Commercia 1
"Notwithstanding the provisions of Section 23.B.2.3 respecting height,
in the C6-1 zone, the maximum height shall be 17 metres and the
maximum number of storeys shall be 4. All other provisions of Section
23.B.1, 21.B.2, 23.B.3, 23.B.4 and 23.B.5 shall. apply."
12. That Section 28 is hereby amended by adding the following as Section
28.6 ''Institutional (I-7) Exception Zone'':
28.6.1 USES PERMITTED
-auditoria, meeting halls or theatres
-day care centres
-government buildings including offices
-libraries
28.6.2 ZONE REQUIREMENTS
In accordance with the provisions of Section 28.2.
28.6.3 LANDSCAPING REQUIREMENTS
In accordance with Section 6.49 hereof.
13. That Section 28 is hereby amended by adding the following as Section
28.7 "Institutional (I-8) Exception Zone":
"Notwithstanding the provisions of Sections 28.1 and 28.2, the lands
shown zoned I-8 may be used for a Regional well."
14. That Section 31 is hereby amended by adding the following as Section
31.6 "Major Open Space (0-9) Exception Zone":
USES PERMITTED
i) A public park, including buildings or structures accessory to a
public park.
ii) Buildings or structures intended for flood or erosion control
15. No part of this By-law will come into force until the provisions of
the Planning Act have been complied with, but subject to such
provisions the By-law will take effect from the day of passing thereof.
READ A FIRST AND SECOND TIME THIS 27th DAY OF JUNE ' 1990.
READ A THIRD TIME AND FINALLY PASSED THIS 28th DAY OF June ' 1990.
, MAYOR
.
:-TOWN OF AURORA
THE· REGIONAL MUNICIPALITY OF YORK
LOCATION: PART OF LOTS 81, 82, 83, 84,85
CONCESSION 1 E.Y.S.
SIDEROAD ..
THIS IS SCHEDULE "A"
TO BY-LAW No. 0010/o -'j'D
PASSED THISd3t::a_ DAY OF
J
T
SCHEDULE II All TO BY-LAW No. ~]o?OC,-ro
r , J\
'. ·~ '
"
TOWN OF AURORA
THE· REGIONAL MUNICIPALITY OF YORK
LOCATION: PART OF LOTS 81, 82, 83, 84,85
CONCESSION 1 E.Y.S.
'\
ST. JOHN'S SIDEROAD \
THIS IS SCHEDULE " L"
TO BY·LAW No. ,3;({)/o "J 0
PASSED THIS o?J ~AY OF
J
r
SCHEDULE "_L_" TO BY-LAW No. .3026 fp-~a·
Town of Aurora
P.O. Box 8100
81 Industrial Parkway North
Aurora, Ontario
L4G 6JI
Tel: (416) 727-1375 (416) 889-3109 Fax: (416) 841-3483 .
AFFIDAVIT UNDER SECTION 34(20) OF THE PLANNING ACT (19831
I, Marjorie Dawson, hereby certify that the notice for By-law 3206-90
of the Corporation of the Town of Aurora, passed by the Council of the
Corporation on the 28th day of , 19_JJ,Q_ was given in
the manner and form and to the persons prescribed by Ontario Regulation
404/83, made by the Lieutenant Governor-in-Council under subsection 17 of
section 34 of The Planning Act (1983). I also certify that the 20 day
objection period expired on 25 July 1990
of objection to the by-law has been filed by
Clerk.
Dated this 27th day of
__ ....;J;..;u;;;:l..__ ____ , 19 2.Q_.
ACTING DEPUTY CLERK, A.M.C.T.(A)
and to this date no notice
any person in the office of the