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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. . ' - 2 - 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. .; ' /•' - 3 - 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 - 4 - 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) - 5 - 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. ( - 6 - 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. { - 7 - 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; - 8 - 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 - 9 - 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 -10 - 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 -11 - 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