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BYLAW - Amend By law 2213 78 (Zoning) - 19971029 - 387197DTHE CORPORATION OF THE TOWN OF AURORA By-law Number 3871-97.0 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 Schedule 'A' is hereby amended by changing the zoning category applying to Part 4 Plan 65R-3453, shown in shading on Schedule 'A-1' attached hereto and forming part of this By-law, from "General Industrial (M2) Zone" to "Restricted Industrial (M 1-12) Exception Zone". 2. THAT Schedule 'A' is hereby amended by changing the zoning category applying to Part Lots 1, 2 and 3 Plan 68; Parts 1 and 4 Plan 65R8293; Parts 2 and 3 Plan 65R8293; Lot 60 Plan 1 0328; Lot 51 Plan 1 0328, Lot 34 Plan 10328; Lot 18 Plan 10328; Lot 21 Plan M51; Lot 32 Plan M2012; and Lot 31 Plan M2012, shown in shading on Schedule 'A-2' attached hereto and forming part of this By-law, from "Restricted Industrial Service (M 1-1) Exception Zone" to "Industrial Service (M3) Zone". 3. THAT Schedule 'A' is hereby amended by changing the zoning category applying to Lots 8 to 25 inclusive Plan 65M-2873 and to Part of Part 2 Plan 65R-1525, shown in shading on Schedule 'A-3' attached hereto and forming part of this By-law, from "General Industrial Specific (M5-1) Exception Zone" to "General Industrial Specific (M6) Zone". 4. That Section 6 "General Provisions" is hereby amended by deleting the contents of subsection 6.20 and replacing them with the following: "6.20 Height Restrictions Unless specified elsewhere in this By-law the maximum height for buildings and structures in all zones shall be 1 0 metres and in no case shall any building exceed 7 storeys in height. However, nothing in this By-law shall apply to prevent the erection and/or use of a church spire, belfry, flag pole, water tower, windmill, elevator penthouse, air conditioner duct, smoke stack, barn, silo or telecommuni,cations tower which a does not comply herewith. Notwithstanding the above, the height of satellite dishes is regulated under the provisions of Section 6.2.5." 5. THAT Section 16 "First Density Apartment Residential (RA 1) Zone" is hereby amended by deleting the contents of subsection 16.2.3 and replacing them with the following: "16.2.3 Building Specifications Floor Area (minimum): Bachelor 1 bedroom 40 square metres 50 square metres 1 2 bedrooms 3 bedrooms Lot Coverage {maximum) Height {maximum) 65 square metres 75 square metres 35 percent 4 storeys" 6. THAT Section 16.3 "First Density Apartment Residential {RA 1-1) Exception Zone" is hereby amended by deleting the contents of subsection 16.3.2.3 and replacing them with the following: "16.3.2.3 Building Specifications In accordance with Section 16.2.3." 7. THAT Section 17 "Second Density Apartment Residential {RA2) Zone" is hereby amended by deleting the contents of subsection 17 .2.3 and replacing them with the following: "17.2.3 Building Specifications Floor Area {minimum): Bachelor 1 bedroom 2 bedrooms 3 bedrooms Lot Coverage {maximum) Height {maximum) 40 square metres 50 square metres 65 square metres 75 square metres 35 percent 5 storeys" 8. THAT Section 18 "Third Density Apartment Residential {RA3) Zone" is hereby amended by deleting the contents of subsection 18.2.3 and replacing them with the following: "18.2.3 Building Specifications Floor Area {minimum): Bachelor 1 bedroom 2 bedrooms 3 bedrooms Lot Coverage {maximum) Height {maximum) 40 square metres 50 square metres 65 square metres 75 square metres 35 percent 7 storeys" 9. THAT Section 21 "Central Commercial {C2) Zone" is hereby amended by deleting the contents of subsection 21.2.3 and replacing them with the following: "21.2.3 Building Specifications Height {maximum) 3 storeys Notwithstanding the above, a maximum of 5 storeys shall be permitted provided that the fourth and fifth storeys are set back a minimum of 3 metres from the main front and exterior side walls of the third storey." 10 THAT Section 3.163 "Definitions {Specific)" is hereby amended by numbering the first paragraph as 3.163.a and the subsequent subsections sequentially as 3.163.a.1 to 3.163.a.9 and by adding the following as subsection 3.163.b: 2 "3.163.b Notwithstanding any other provisions of Section 3, the following definitions shall apply to lands zoned M 1, M2, M3, M4, M5 and M6, and any exception zones thereto: Adult Entertainment Parlour: means any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations, excluding however a Class "B" Adult Videotape Parlour. With reference to this use, the following terms apply: "adult videotape" means any videotape, the contents of which are designed or held out as designed to appeal to erotic or sexual appetites or inclinations, through the pictorial. photographic or other graphic depiction of subject matter distinguished or characterized by the portrayal of one or more persons involved or engaging in specified sexual activities as defined by this By-law, or by an emphasis on the display of specified human body areas. "Adult videotape" also . includes a videotape classified by the Ontario Film Review Board as "restricted" and required to be characterized with the added information piece "adult sex film". "Class A Adult Videotape Parlour" means an adult entertainment parlour in which any person offers to provide adult videotapes to the public, where the proportion of the floor area set aside for the display of adult videotapes provided is greater than 1 0% of the total floor area of the premises; "Class B Adult Videotape Parlour" means a retail store in which any person offers to provide adult videotapes to the public, where the proportion of the floor area set aside for the display of adult videotapes is 1 0% or less than 1 0% of the total floor area of the premises; "goods" includes books, magazines, pictures, slides, films, videotape or adult videotape, phonograph records, pre-recorded magnetic tape and any other reading, viewing or listening matter, the contents of which are designed or held out as designed to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject matter distinguished or characterized by the portrayal of one or more persons involved or engaging in specified sexual activities as defined in this By-law or by an emphasis on the display of specified human body areas. "services" includes activities, facilities, performances, exhibitions, viewings and encounters but does not include the exhibition of film where such film has been approved under the Theatres Act. "services designed to appeal to erotic or sexual appetites or inclinations" includes, (i) service of which a principal feature or characteristic is the nudity or partial nudity of any person; (ii) service in respect of which the word "nude", "naked," "topless," "bottomless," "sexy," or any other word or any other picture, symbol or representation having like meaning or implication is used in any advertisement; 3 "specified human body areas" means the genitals and the anus; "specified sexual activities" means one or more of the following: actual or simulated sexual intercourse, ejaculation, sodomy, including anal intercourse, and oral sexual intercourse or direct physical stimulation of unclothed genital organs; "to provide" when used in relation to goods includes to sell, offer to sell or display for sale, by retail or otherwise such goods and "providing" and "provision" have corresponding meanings. When used in the context of adult videotapes "to provide" also includes offers to rent, license, lease, exchange or trade, whether consideration is effected by means of membership, subscription or price of admittance. "to provide" when used in relation to services includes to furnish, perform, solicit, or give such services and "providing" and "provision" have corresponding meanings; "videotape" means cinematographic film, videotape, video disc, computer diskettes, or other medium which may produce visual images that may be viewed as moving pictures. Auction Centre: means a premises used for the storage of goods and materials which are to be sold from the premises or lot by public auction. Banquet Hall: means a premises used for the preparation and service of food and beverages to an assembly of persons for functions including weddings and receptions, however does not include a restaurant, a nightclub or an adult entertainment parlour. Body Rub Parlour: means any premises or part thereof where a body rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include any premises or part thereof where the body rubs performed are for the purpose of medical or therapeutic treatment and are performed or offered by persons otherwise duly qualified, licensed or registered so to do under the laws of the Province of Ontario. For the purposes of this use, body rub shall include the kneading, manipulating, rubbing, massaging, touching or simulating by any means of the person's body or part thereof, but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario. Building: means a structure occupying an area greater than 1 0 square metres and consisting of a wall, roof and floor, or a structural system serving the function thereof, and every part of the structure that is attached thereto. Club, Private: 4 means a building or .part thereof used by members and guests of members of non-profit and non-commercial organizations for community, social or cultural purposes, however does not include uses that are normally carried out as a commercial enterprise, an adult entertainment parlour or a body rub parlour. Commercial Self Storage Facility: means a premises used for the temporary storage of household items and seasonal, recreational or commercial vehicles, boats and trailers in individual storage areas or lockers. Contractors Yard: means an area of land where equipment and materials used by a building and/or excavating contractor are stored and/or where a contractor performs shop or assembly work. Data Processing Centre: means a premises used for the electronic storage and retrieval of information and/or for the production of computer programs, word processing or the maintenance of records including corporate accounts and cheque processing. Day Nursery: means a premises used for the temporary care and custody of more than five children for a period not exceeding twenty-four consecutive hours and which is licensed in accordance with the Day Nurseries Act, as amended. Dry Cleaning Distribution Depot: means a premises used for the receiving and redistribution of articles or goods made of fabric to be subjected to the process of dry cleaning, dry dyeing or cleaning in a dry cleaning establishment and may include as an accessory use the pressing of any such articles or goods. Dry Cleaning Establishment: means a premises used for the dry cleaning, dry dyeing or cleaning of articles · or goods made of fabric by means of cleaning machines and incidental equipment in which only nonflammable solvents are or can be used and which does not cause an obnoxious use within or without the premises. Equipment Sales and Rental Establishment: means a premises in which machinery and equipment,· other than motor vehicles, are offered for sale or kept for rent, lease or hire. Financial Institution: means a premises in which financial services are offered to the public and includes a bank, credit union, trust company, savings office or any other retail banking operation however does not include a financial institution, drive-thru. Financial Institution, Drive-Thru: 5 means a premises in which financial services are offered to the public and includes a bank, credit union, trust company, savings office or any other retail banking operation which includes facilities for banking transactions by the public while in motor vehicles by means of an order or window service, or an automated teller machine, which motor vehicles approach in designated lanes. Fitness Centre: means a premises used for the purpose of physical fitness and may include a sauna, swimming pool, or like facilities, however does not include a body rub parlour. Food Processing Establishment: means a premises used for the processing or other preparation of food and/or beverages, however does not include a restaurant, drive-thru restaurant, take out restaurant or bake shop. Industrial Use: means a premises used for the manufacturing, processing, finishing, treating, ornamenting, altering, fabricating or assembly of raw materials or recycled materials or the adapting for sale of any good, substance, article or thing. Laundry: means a premises used for the cleaning of articles or goods made of fabric by means of laundry machines using only water and non-toxic detergents. Motor Vehicle: means a vehicle that is propelled or driven by other than muscular power and includes automobiles, trucks and motorcycles, however does not include railway . cars or other vehicles running only upon rails, motorized snow vehicles, traction engines, or farm tractors. Motor Vehicle Body Shop: means a premises used for the repair and/or painting of the interior and/or exterior and/or the undercarriage of motor vehicle bodies. Motor Vehicle Rental Establishment: means a premises used for the rental or lease of motor vehicles. Motor Vehicle Repair Garage: means a premises used for the repair and/or cleaning of motor vehicles, and may include, as accessory uses, a motor vehicle inspection station and the sale of tires and motor vehicle accessories, but does not include the sale of motor vehicle fuels or a motor vehicle body shop. Obnoxious Use: means a use which creates a nuisance, disturbance or offensive impact by the creation of noise, vibration, emissions, fumes, dust, objectionable odour, or 6 --:·:: ____ ~ waste, and without limiting the generality of the foregoing, includes any use which may be declared a noxious or offensive trade or business under the Public Health and Promotion Act, as amended. Office: means a premises used for conducting the affairs of businesses, professions, services, agencies, industries, governments, or like activities, in which the principal product of labour is the processing and/or storage of information rather than the production and distribution of goods. Parking Area: means an open area of a lot that is used to provide parking spaces for motor vehicles, provided a parking area is not located on a public highway, a private road or a lane and provided a parking area is accessory to a principal use on the lot and parking area shall not include any area where motor vehicles for sale or repair are kept or stored. Place of Worship: means a building or part thereof used by a religious organization for the practice of religion. Pit: means an area of land where unconsolidated gravel, stone, sand, earth, clay, fill or other material is being removed by means of an excavation to supply materials for construction, industrial or manufacturing purposes and may include, as an accessory use, facilities for the crushing, screening, washing and storage of such materials. Premises: means an area of a building occupied or used by a single business or enterprise in expectation of gain or profit. Printing Establishment: means a premises in which books, newspapers, periodicals, flyers or other printed materials are produced. Recreation Centre: means a building or part thereof used for sports, social and leisure time activities, and includes an arena, bowling alley, curling rink, bingo hall, ice or roller skating rink, and like facilities however does not include an adult entertainment parlour, body rub parlour or a place of amusement. Repair Shop, Heavy: means a premises used primarily for the repair of mechanical equipment excluding motor vehicles. Repair Shop, Light: 7 means a premises used for the servicing and repair of personal or household articles including shoes, cameras, toys, jewellery, watches, clocks, locks, bicycles, musical instruments, wheel chairs, or orthopaedic appliances. Research Lab: means a premises used for research and development involving the natural and physical sciences. Restaurant: means a premises with seating for over twenty patrons used for the preparation and serving of food and beverages to the public for consumption at tables within the premises or outside the building on a patio or terrace and may include take-out service as an accessory use, however does not include an adult entertainment parlour, a nightclub, or a drive-thru restaurant. Restaurant, Drive-Thru: means a premises, with or without seating, used for the preparation and serving of food and beverages to the public, which includes order or window service to the public while in motor vehicles which motor vehicles approach in designated lanes. Restaurant, Take-Out: means a premises used for the preparation and serving of food and beverages to the public for consumption off the premises and which may contain as an accessory use seating for no more than twenty patrons for consumption of food and beverages on the premises however does not include a drive-thru restaurant or a nightclub. Retail, Ancillary: means the area of a premises used for the display and sale to the general public of goods which are manufactured, assembled or warehoused on the same premises. Saw or Planing Mill: means a premises where timber is cut, sawed or planed either to finished lumber or as an intermediary step and may include facilities for the kiln drying of lumber. School, Commercial: means a premises used for instructing or training seven or more students in dance, music, art, golf, business, hairdressing, martial arts, gymnastics, or like activities, however does not include a trade school. School, Trade: means a premises used for the instruction or training of seven or more students in skills related to the construction and manufacturing industries. Sight Triangle: 8 means the unobstructed triangular-shaped area on a corner lot bounded by the street lines and a straight line joining the points on each street line measured from the point of intersection the distance required by this By-law. Street Line: means the boundary between a lot and a public highway or a reserve abutting a public highway. Transportation Terminal: means a premises used for, or in combination with, the storage of trucks and/or buses and which may include as accessory uses the storage of ware and goods, loading and unloading, and the servicing and repair of the stored vehicles. Warehouse: means a premises used for the storage of wares or goods however does not include a Commercial Self Storage Facility." 11. THAT Section 6 "General Provisions" is hereby amended by deleting the contents of subsection 6.49.b and replacing them with the following: "6.49.b Landscaping Requirements 6.49.b.1 Landscaping Requirements In All C5 and C6 Zones and In The 1-7. 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 landscaping 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 metres 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 C5 zone. ii) Unless otherwise provided in this By-law, a minimum of 1 0% 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 20, there shall be landscaping within the parking area occupying an area equivalent to not less than 5% of the 9 parking area. 6.49.b.2 Landscaping Requirements In All M4. M5 and M6 Zones i) A strip of land which shall be used for no other purpose than landscaping shall be provided adjacent to the entire length of the lot lines in accordance with the following minimum required widths: -6 metres abutting Bayview Avenue, St. John's Sideroad and Wellington Street East, or a reserve abutting any such street; -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 zone. ii) Where a parking area, other than a parking garage, is located in a yard abutting a public street or a reserve abutting a public street and includes more than 20 parking spaces, there shall be landscaping within the parking area occupying an area equivalent to not less than 5% of the parking area. Notwithstanding the above and the provisions of Section 3.64, for the purposes of this section, such landscaping 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. Main buildings shall be permitted to encroach into the required landscaping strip provided the building complies with the zone requirements and the width of the landscaping is in no case less than 3 metres." 12. THAT Section 6 is hereby amended by adding the following as subsection 6.50: "6.50 Ancillary Retail: Where ancillary retail is permitted in this By-law, the ancillary retail area shall be wholly contained within an enclosed building and be separated from the rest of the premises by a solid partition extending from the floor to the ceiling, and shall not exceed 20% of the gross floor area of the premises or 200 square metres, whichever is less." 13. THAT Section 24 is hereby amended by deleting the section and replacing it with the following: "SECTION 24 GENERAL PROVISIONS FOR INDUSTRIAL (M) ZONES The following provisions shall apply to all Industrial (M) Zones. 24.1 Uses Permitted No person shall hereafter use any building, structure or land, nor erect any building or structure in any Industrial (M) Zone except in accordance with the following provisions. 24.2 Loading Space 10 24.2.1 24.2.2 24.2.3 24.2.4 24.2.5 24.2.6 24.2.7 24.2.8 The owner or occupant of any lot, building or structure in an Industrial (M) Zone, excluding buildings or portions of buildings used for office commercial use, which involves the receiving, shipping, loading or unloading of goods, wares or merchandise, shall provide and maintain in a location suitable to the Town, loading or unloading spaces 9 metres long, 3. 5 metres wide, and having a vertical clearance of at least 4 metres according to the following criteria: Total Floor Area of Building or Structure Number of Loading Spaces Required 140 square metres or less More than 140 square metres but less than 300 square metres 300 square metres or more but less than 2500 square metres 2500 square metres or more but less than 7500 square metres 7500 square metres or more Access 0 1 2 3 1 additional space for every 7500 square metres or fractional part thereof Notwithstanding any other provisions of this By-law for driveway width, access to loading or unloading space(s) shall have a driveway at least 5 metres wide unless such spaces are directly linked in a lane or roadway. Location All loading spaces and loading doors shall be located such that they do not face a public street except in the case of a corner lot. Additions to Buildings The loading space or unloading space requirements referred to herein shall not apply to any buildings in existence as of June 16, 1980 provided the floor area as it existed at such date is not increased. If an addition(s) is made to the building or structure which increases the floor area then additional loading or unloading spaces shall be provided according to the provisions of this By-law. 24.3 Parking Space Location Where a parking space or spaces are required in an Industrial (M) Zone by this By-law, such spaces shall be located not less than 1.5 metres from any side or rear lot line. 24.4 Minimum Distance Separation Residential And Industrial Where an Industrial (M) Zone abuts a Residential Zone or a Holding Zone 11 designated for residential purposes in the Official Plan or is separated from such Residential or Holding Zone by a street, highway, right-of-way or vacant land only, any new industrial building shall be located a minimum of 60 metres away from any existing residential building. Where no residential building exists the distance shall be calculated using the minimum applicable yard requirements for the residential zone. 24.5 Yard Requirement Abutting a Railway Right of Way Where a lot abuts a railway, the required yard on the side of the railway right of way shall be nil. 24.6 Buildings Situate On More Than One Lot Where a building is situate on more than one lot, the yard requirements and other provisions of this by-law shall be applied as if the lots were one." 14. THAT Section 25 is hereby amended by deleting that section and replacing it with the following: "SECTION 25 RESTRICTED INDUSTRIAL (M 1) ZONE The following provisions shall apply to all Restricted Industrial (M 1) zones. 25.1 Uses Permitted 25.2 25.2.1 warehouses and industrial uses, including food processing establishments, light metal products plants and printing establishments, however not including any obnoxious use, contractors yard, lumber yard, machine or welding shop, plumbing shop, saw or planing mill, or sheet metal shop ancillary retail in accordance with the provisions of Section 6.50 commercial self storage facilities data processing centres fitness centres, recreation centres and private clubs provided that no part of the building in which such uses are located is used for any commercial self-storage facility, warehouse or industrial use office use accessory to a permitted use on the same premises offices, other than the offices of a doctor or drugless practitioner, in multi-premises buildings provided that no part of the building is used for a printing establishment and that the combined floor area of the offices does not exceed 30 percent of the total floor area of the building repair shops, light research labs trade schools Zone Requirements Lot Specifications Lot Area (minimum): Buildings up to 1 0 metres in height 1400 square metres 12 25.2.2 25.2.3 Buildings over 1 0 metres up to 1 5 metres in height Lot Frontage (minimum) Siting Specifications Front Yard (minimum) Rear Yard (minimum) Interior Side Yard (minimum): Buildings up to 1 0 metres in height Buildings over 1 0 metres up to 1 5 metres in height Exterior Side Yard (minimum) 4000 square metres 30 metres 3 metres 9 metres 3 metres 6 metres 3 metres Notwithstanding the front and exterior side yard requirements cited above, no building or structure shall be located within the sight triangle measured 6 metres from the point of intersection of the front and exterior side lot lines. Notwithstanding the above and the provisions of Section 6.2.2, no accessory building or structure other than a gate house, shall be located closer to any streetline than the closest wall of the main building. Building Specifications Height (maximum): Lots 76, 77 & 78 Cone. 1 E.Y.S. west of the CNR tracks east of the CNR tracks Lot 79 Lot 80 west of Industry Street South/Industrial Parkway east of Industry Street South/Industrial Parkway Lot 81 west of Industrial Parkway east of Industrial Parkway Lots 82, 83 and 84 10 metres 15 metres 10 metres 10 metres 15 metres 10 metres 15 metres 15 metres 25.3 Outside Storage The storage-of goods, material or machinery shall not be permitted other than in a wholly enclosed building. SECTION 25.4 RESTRICTED INDUSTRIAL (M1) EXCEPTION ZONES, 25.4.a Notwithstanding any provisions to the contrary, the required parking shall be permitted in the front and side yards on the lands shown in shading on Schedule 'A' to By-law 2395-80. 13 (See Schedule 'A' to By-law 2395-80 attached) SECTION 25.4. 1 RESTRICTED INDUSTRIAL (M 1-Al EXCEPTION ZONE 25.4.1.1 25.4.1.2 25.4.1.3 Uses Permitted all uses permitted under Section 25.1 any industrial use which existed as of August 17, 1981 whether or not the use is conducted and wholly contained within an enclosed building. Zone Requirements In accordance with Section 25.2 Minimum Distance Separation Residential and Industrial Notwithstanding the provisions of Section 24.4, any industrial building constructed after May 18, 1995, shall be located a minimum of 1 0.0 metres away from any residential building located on the lands zoned RA3-5. SECTION 25.4.2 RESTRICTED INDUSTRIAL (M 1-A 1 I EXCEPTION ZONE 25.4.2.1 25.4.2.2 25.4.2.3 Uses Permitted In accordance with Section 25.4.1.1 Zone Requirements In accordance with Section 25.2 with the exception that the minimum required exterior side yard shall be 2.4 metres. Loading Space Notwithstanding the provisions of Section 24.2. 7, the minimum required setback of a loading space from the streetline in an exterior side yard shall be 24 metres. SECTION 25.4.3 RESTRICTED INDUSTRIAL (M1-A21 EXCEPTION ZONE 25.4.3.1 25.4.3.2 Uses Permitted In accordance with Section 25.4.1.1, with the exception that the building existing as of February 1 0, 1993 may also be used for church offices and meeting rooms provided that the floor area occupied by church uses does not exceed 200 square metres. Zone Requirements In accordance with Section 25.2 SECTION 25.4.4 RESTRICTED INDUSTRIAL (M 1-21 EXCEPTION ZONE 14 25.4.4.1 25.4.4.2 25.4.4.3 Uses Permitted Commercial uses incidental to or in combination with warehouses and industrial uses including offices, banks, restaurants, auction centres, and antique and craft display and sales area. Zone Requirements Any new building constructed on the subject lands shall be sited in accordance with the provisions of Section 25.2. Outside Storage In accordance with Section 25.3 SECTION 25.4.5 RESTRICTED INDUSTRIAL (M1-3) EXCEPTION ZONE 25.4.5.1 25.4.5.2 25.4.5.3 25.4.5.4 Uses Permitted In accordance with Section 25.1 Zone Requirements In accordance with Sections 25.2 Outside Storage In accordance with Section 25.3 Parking Notwithstanding the provisions of Section 6.26.1.4 and 6.26.1.5, the parking requirements shall be 1 space for each 68 square metres of floor area of the b'uilding. Notwithstanding any provisions to the contrary, the required parking shall be permitted in .the front and side yards. SECTION 25.4.6 RESTRICTED INDUSTRIAL SERVICE (M1-4) EXCEPTION ZONE 25.4.6.1 25.4.6.2 Uses Permitted warehousing and commercial self storage facilities wholly contained within an enclosed building offices and caretaker's quarters ancillary to the above use Zone Requirements In accordance with Sections 25.2 with the exception that the gross floor area of all buildings shall not exceed 11 000 square metres. 15 25.4.6.3 Outside Storage In accordance with Section 25.3 SECTION 25.4.7 RESTRICTED INDUSTRIAL SERVICE (M1-51 EXCEPTION ZONE 25.4.7.1 . 25.4.7.2 25.4.7.3 Uses Permitted Buildings: A; M; F; G; and, the northern portion of E comprised of a maximum of 1 2 units and 1 820 square metres of floor area, as shown in hatching on Schedule "1": In accordance with Section 27.1 Buildings: B; C; D; H; J; K; L; and, the southern portion of E, as shown in dark outline on Schedule "1": In accordance with Section 25.1 Zone Requirements In accordance with Sections 25.2 Outside Storage In accordance with Section 25.3 (See Schedule "I" to By-law 3077-89 attached) SECTION 25.4.8 RESTRICTED INDUSTRIAL (M1-61 EXCEPTION ZONE 25.4.8.1 25.4.8.2 25.4.8.3 25.4.8.4 Uses Permitted In accordance with Section 25.1 with . the exception that a maximum of 1245 square metres of the existing building may be used for offices other than the offices of a medical doctor or drugless practitioner Zone Requirements In accordance with Section 25.2 Outside Storage In accordance with Section 25.3 Parking Notwithstanding the prov1s1ons of Section 6.26, the required manoeuvring area for the par~ing spaces along the southern property line shall be nil. SECTION 25.4.9 RESTRICTED INDUSTRIAL (M1-7) EXCEPTION ZONE 16 25.4.9.1 25.4.9.2 25.4.9.3 25.4.9.4 Uses Permitted In accordance with Section 25.1 Zone Reguirements In accordance with Section 25.2 Outside Storage In accordance with Section 25.3 Loading Notwithstanding the provisions of Section 24.2. 7, the setback from the street line for a loading space shall be 26.94 metres. SECTION 25.4.10 RESTRICTED INDUSTRIAL (M1-8) EXCEPTION ZONE 25.4.10.1 Uses Permitted In accordance with Section 25.1 with the exception that Units 3 to 6 inclusive and Units 20 and 21, York Condominium Corporation 797, may also be used for the uses permitted under Section 27.1. 25.4.1 0.2 Zone Reguirements In accordance with Section 25.2 25.4.1 0.3 Outside Storage In accordance with Section 25.3 24.4.10.4 Parking Notwithstanding any prov1s1ons to the contrary, the required parking shall be permitted in the front and side yards. SECTION 25.4.11 RESTRICTED INDUSTRIAL (M 1-9) EXCEPTION ZONE 25.4. 11.1 Uses Permitted all uses permitted under Section 25.1 offices day nurseries commercial schools private schools trade schools places of worship 25.4.11.2 Zone Reguirements In accordance with Section 25.2 17 25.4.11.3 Outside Storage In accordance with Section 25.3 SECTION 25.4.12 RESTRICTED INDUSTRIAL (M1-1 Ol EXCEPTION ZONE 25.4. 12.1 Uses Permitted places of worship day nurseries uses accessory to the above uses 25.4.12.2 Zone Requirements In accordance with Section 25.2 with the exception that the combined gross floor area of all structures shall not exceed 1 000 square metres. 25.4.12.3 Outside Storage In accordance with Section 25.3 25.4.12.4 Loading Notwithstanding the prov1s1ons of Section 24.2, the required number of loading spaces shall be nil. SECTION 25.4.13 RESTRICTED INDUSTRIAL (M 1-11 l EXCEPTION ZONE 25.4.13.1 Uses Permitted Notwithstanding the prov1s1ons of Section 25.1, the existing building shall only be used for data processing centres, and offices other than the offices of a medical doctor or drugless practitioner. 25.4. 13.2 Zone Requirements In accordance with Section 25.2 with the exception that the minimum front yard setback shall be 8 metres and the minimum rear yard setback shall be 6 metres. 25.4.13.3 Outside Storage In accordance with Section 25.3 25.4.13.4 Loading The provisions of Section 24.2 respecting Loading Space shall not apply. SECTION 25.4.14 RESTRICTED INDUSTRIAL (M 1-12) EXCEPTION ZONE 25.4. 14.1 Uses Permitted 18 all uses permitted in Section 25.1 contractors supply operations electrical shops plumbing shops a gymnasium catering primarily to athletic programs and activities for minors provided that the floor area devoted to the use does not exceed 700 square metres 25.4.14.2 Zone Requirements In accordance with Section 25.2 25.4.14.3 Outside Storage In accordance with Section 25.3 25.4.14.4 Parking Notwithstanding the provisions of Section 6. 26.1, the minimum required parking shall be 51 spaces." 15. THAT Section 26 "General Industrial (M2) Zone" is hereby amended by deleting that section and replacing it with the following: "SECTION 26 GENERAL INDUSTRIAL 1M2) ZONE The following provisions shall apply to all General Industrial (M2) Zones. 26.1 Uses Permitted warehouses and industrial uses including contractors yards, food processing establishments, light metal products plants, lumber yards, machine or welding shops, plumbing shops, printing establishments, saw or planing mills, and sheet metal shops, however not including any obnoxious use ancillary retail in accordance with the provisions of Section 6.50. commercial self storage facilities data processing centres fitness centres, recreation centres and private clubs provided that no part of the building in which such uses are located is used for any commercial self-storage facility, warehouse, industrial use, motor vehicle body shop, or motor vehicle repair garage laundries motor vehicle body shops motor vehicle rental establishments motor vehicle repair garages office use accessory to a permitted use on the same premise offices other than the offices of a doctor or drugless practitioner, in multi-premises buildings provided that no part of the building is used for a printing establishment, or a motor vehicle body shop or repair garage, and that the combined floor area of the offices does not exceed 30 percent of the total floor area of the building repair shops, light 19 26.2 26.2.1 26.2.2 26.2.3 repair shops, heavy research labs trade schools transportation terminals Zone Requirements Lot Specifications Lot Area (minimum): Buildings up to 1 0 metres in height Buildings over 1 0 metres up to 15 metres in height Lot Frontage (minimum) Siting Specifications Front Yard (minimum) Rear Yard (minimum) Side Yard (minimum) Buildings up to 1 0 metres in height Buildings over 1 0 metres up to 1 5 metres in height Exterior Side Yard (minimum) 1400 square metres 4000 square metres 30 metres 3 metres 9 metres 3 metres 6 metres 3 metres Notwithstanding the front and exterior side yard requirements cited above, no building or structure shall be located within the sight triangle measured 6 metres from the point of intersection of the front and exterior side lot lines. Notwithstanding the above, a gatehouse shall be permitted in a front or side yard. Notwithstanding the above or the provisions of Section 6.2.2, no accessory building or structure other than a gate house, shall be located closer to any streetline than the closest wall of the main building. Building Specifications Height (maximum): Lots 76, 77 & 78 Cone. 1 E.Y.S. west of the CNR tracks east of the CNR tracks Lot 79 Lot 80 west of Industry Street South/Industrial Parkway east of Industry Street South/Industrial Parkway Lot 81 west of Industrial Parkway 20 10 metres 15 metres 10 metres 10 metres 15 metres 10 metres east of Industrial Parkway 15 metres Lots 82, 83 and 84 15 metres 26.3 Outside Storage Open or outside storage accessory to the main use, and parking of commercial vehicles on a property is permitted provided that such storage and/or parking is limited to side and/or rear yards of the building and screened from the street by a wall or decorative close board or masonry type fence not less than 2 metres and not more than 2.5 metres in height and also provided that the main use is contained within a building located on the property. SECTION 26.4 GENERAL INDUSTRIAL 1M2) EXCEPTION ZONES 26.4.a 26.4.b Notwithstanding any provisions to the contrary, outside storage shall be permitted on the lands shown in hatching on Schedule "A" to By-law 2395-80 where it is accessory to a permitted use and in accordance with the following provisions: a) it is located in the rear yard and not closer than 9 metres to a street line b) it does not occupy more than 5% of the lot area c) it is screened by landscaping, berms, trees or fences so that it is not visible from a street d) it is screened from the street by a wall or decorative close board or masonry type fence not less than 1.8 metres and not more than 2.5 metres in height. (See Schedule "A"' to By-law 2395-80 attached) Notwithstanding the provisions of Section 24.2, the loading requirement for the building on the lands in Part of Lot 77, Concession 1 E.Y.S. shown as Parts 1 and 2 on a plan deposited in the Land Registry Office for the Registry Division of York North as 65R-2420 shall be two spaces. SECTION 26.4.1 GENERAL INDUSTRIAL (M2-1) EXCEPTION ZONE 26.4.1.1 Uses Permitted In accordance with Section 26.1 26.4.1.2 Zone Requirements In accordance with Section 26.2 26.4.1.3 Outside Storage In accordance with Section 26.4.a 26.4.1.4 Parking 21 Notwithstanding the prov1s1ons of Section 6.26, the minimum required parking shall be 80 spaces. SECTION 26.4.2 GENERAL INDUSTRIAL (M2-2) EXCEPTION ZONE 26.4.2.1 26.4.2.2 26.4.2.3 26.4.2.4 26.4.2.5 Uses Permitted In accordance with Section 26.1 Zone Reguirements In accordance with Section 26.2 with the exception that the minimum required rear yard shall be 0. Loading Notwithstanding the provisions of Section 24.2.3 the loading requirement for an addition to the building shall be 1 space provided that the addition does not exceed 2500 square metres. Outside Storage In accordance with Section 26.3 Parking Notwithstanding the prov1s1ons of Section 6.26, the m1mmum required parking shall be based on the ratio of 1 space for each 78 square metres of floor area. SECTION 26.4.3 GENERAL INDUSTRIAL (M2-3) EXCEPTION ZONE 26.4.3.1 26.4.3.2 26.4.3.3 Uses Permitted In accordance with Section 26.1 Zone Reguirements In accordance with Section 26.2 with the exception that the minimum required lot frontage shall be 50 metres. Outside Storage In accordance with Section 26.3 SECTION 26.4.4 GENERAL INDUSTRIAL (M2-4) EXCEPTION ZONE 26.4.4.1 Uses Permitted In accordance with Section 26.1 with the exception that a maximum of 533 square metres of floor area of the existing building may be used for recreational facilities. For purposes of this section, recreational facilities shall be limited to only a 22 gymnasium catering to athletic programs and activities for minors. 26.4.4.2 Zone Requirements In accordance with Section 26.2 26.4.4.3 Outside Storage In accordance with Section 26.3 SECTION 26.4.5 GENERAL INDUSTRIAL (M2-5) EXCEPTION ZONE 26.4.5.1 26.4.5.2 26.4.5.3 26.4.5.4 Uses Permitted In accordance with Section 26.1 with the exception that a maximum of 11 0 square metres of the existing building may be used for a motor vehicle and trailer sales area. Zone Requirements In accordance with Section 26.2 Parking The required parking shall be a minimum of 23 spaces in addition to the area provided for vehicle display and sales. Notwithstanding the provisions of Section 6.26, the manoeuvring space requirement for that portion of the driveway adjacent to the main building shall be a minimum of 6.4 metres. Standards as outlined within Section 6.26 shall apply in all other instances. Landscaping Notwithstanding the provisions of Section 6.27.7, the required landscaped strip adjacent to the northern and western lot lines shall be nil. Notwithstanding the prov1s1ons of Section 24.3, the required buffer strip between the parking area and the western property line shall be nil." 16. THAT Section 27 is hereby amended by deleting the contents of the section and replacing them with the following: "SECTION 27 INDUSTRIAL SERVICE 1M3) ZONE The following provisions shall apply to all Industrial Service (M3) Zones. 27.1 Uses Permitted auction centres banquet halls clubs, private commercial schools 23 27.2 27.2.1 27.2.2 27.2.3 data processing centres day nurseries dry cleaning distribution depots equipment sales and rental establishments financial institutions fitness centres offices excluding offices of a medical doctor or drugless practitioner places of worship recreation centres repair shops, light restaurants take out restaurants Zone Requirements Lot Specifications Lot Area (minimum}: Buildings up to 1 0 metres in height Buildings over 1 0 metres up to 1 5 metres in height Lot Frontage (minimum} Siting Specifications Front Yard (minimum} Rear Yard (minimum} Interior Side Yard (minimum}: Buildings up to 1 0 metres in height Buildings over 1 0 metres up to 1 5 metres in height Exterior Side Yard (minimum} 1 400 square metres 4000 square metres 30 metres 3 metres 9 metres 3 metres 6 metres 3 metres Notwithstanding the front and exterior side yard requirements cited above, no building or structure shall be located within the sight triangle measured 6 metres from the point of intersection of the front and exterior side lot lines. Notwithstanding the above and the provisions of Section 6.2.2, no accessory building or structure other than a gate house, shall be located closer to any streetline than the closest wall of the main building. Building Specifications Height (maximum}: Lots 76, 77 & 78 Cone. 1 E.Y.S. west of the CNR tracks east of the CNR tracks Lot 79 Lot 80 west of Industry Street 24 10 metres 15 metres 10 metres South/Industrial Parkway east of Industry Street South/Industrial Parkway Lot 81 west of Industrial Parkway east of Industrial Parkway Lots 82, 83 and 84 10 metres 15 metres 10 metres 15 metres 15 metres 27.3 Outside Storage The storage of goods, material or machinery shall not be permitted other than in a wholly enclosed building." 17. THAT Section 27 .A is hereby amended by deleting the contents of the section and replacing them with the following: "SECTION 27 .A PRESTIGE INDUSTRIAL (M4) ZONE The following provisions shall apply to all Prestige Industrial (M4) Zones. 27.A.1 27.A.2 27.A.2.1 27.A.2.2 Uses Permitted warehouses and industrial uses including food processing establishments and printing establishments however not including any obnoxious use, machine or welding shop, plumbing or electrical shop, or sheet metal shop banquet halls data processing centres office use accessory to a permitted use on the same premises, provided that the floor area of the office use does not exceed 40% of the total floor area of the premises offices other than the offices of a doctor or drugless practitioner in multi-premises buildings provided that no part of the building is used for a printing establishment and that the combined floor area of the offices does not exceed 30 percent of the total floor area of the building research labs trade schools Zone Requirements Lot Specifications Lot Area (minimum) Lot Frontage (minimum) Siting Specifications Front Yard (minimum) Rear Yard (minimum) Interior Side Yard (minimum) Exterior Side Yard (minimum) 25 8000 square metres 60 metres 3 metres 9 metres 6 metres 3 metres 27.A.2.3 27.A.3 27.A.4 27.A.5 27.A.6 Notwithstanding any provisions to the contrary, where a lot abuts Bayview Avenue, the lot line abutting Bayview Avenue shall be deemed to be the front lot line. Notwithstanding the front and exterior side yard requirements cited above, no building or structure shall be located within the sight triangle measured 6 metres from the point of intersection of the front and exterior side lot lines. Notwithstanding the above and the provisions of Section 6.2.2, no accessory building or structure other than a gate house, shall be located closer to any streetline than the closest wall of the main building. Building Specifications Height (maximum) 15 metres Landscaping In accordance with Section 6.49 Loading Notwithstanding the prov1s1ons of Section 24.2. 7 respecting location of loading spaces, for lands abutting the St. John's Sideroad and Bayview Avenue, or a reserve abutting such streets, and for lands abutting the Oc9 zone, all loading spaces and loading doors shall be located only in an interior side yard and shall be appropriately screened. On all other lands zoned M4, loading spaces and loading doors shall be located such that they do not face a public street and shall be appropriately screened. All other provisions of Sectio.n 24.1 and 24.2 shall apply. Outside Storage The storage of goods, material or machinery shall not be permitted other than in a wholly enclosed building. Parking In accordance with Section 6.49 SECTION 27 .A. 7 PRESTIGE INDUSTRIAL (M4) EXCEPTION ZONES SECTION 27 .A. 7.1 PRESTIGE INDUSTRIAL (M4-1) EXCEPTION ZONE 27 .A. 7. 1.1 Uses Permitted warehouses offices accessory to the permitted warehouse use, provided that the floor area of the office use does not exceed 2040 square metres ancillary retail, provided that the ancillary retail use is located in the same building as the warehouse use and that the floor area of the ancillary retail use does not exceed 340 square metres 26 27 .A. 7. 1.2 Zone Requirements In accordance with Section 27.A.2 with the exception that the total floor area of the building shall not exceed 13585 square metres. 27 .A. 7. 1.3 Landscaping In accordance with Section 6.49 hereof. 27 .A. 7. 1.4 Loading In accordance with Section 27 .A.4 27 .A. 7 .1.5 Outside Storage In accordance with Section 27 .A.5 27.A. 7.1.6 Parking Notwithstanding the provisions of Sections 6.26 and 6.49, the minimum required parking for warehouse uses shall be 1 space for each 111 square metres of floor area of the building. The total required parking shall be 196 spaces. Where it can be demonstrated to the satisfaction of the corporation that the total number of parking spaces required under this section need not be provided for the initial occupancy of the building, a minimum of 1 51 parking spaces may be constructed initially, provided that the site plan indicates the ability to accommodate the total number of parking spaces required at a future date." 18. THAT Section 27. B is hereby amended by deleting the contents of the section and replacing them with the following: "SECTION 27.B RESTRICTED INDUSTRIAL SPECIFIC (M51 ZONE The following provisions shall apply to all Restricted Industrial Specific (M5) Zones. 27.8.1 Uses Permitted warehouses and industrial uses including food processing establishments, machine or welding shops, plumbing and electrical shops, printing establishments, and sheet metal shops, however not including any obnoxious use ancillary retail in accordance with the provisions of Section 6.50 commercial self storage facilities data processing centres fitness centres, recreation centres and private clubs provided that no part of the building in which such uses are located is used for any commercial self-storage facility, warehouse or industrial use laundries office use accessory to a permitted use on the same premises, provided that the floor area of the office use does not exceed 27 27.8.2 27.8.2.1 27.8.2.2 27.8.3 27.8.4 40% of the total floor area of the premises offices other than the offices of a doctor or drugless practitioner, provided that no part of the building is used for a printing establishment and that the combined floor area of the offices does not exceed 30 percent of the total floor area of the building repair shops, heavy repair shops, light research labs trade schools Zone Requirements Lot Specifications Lot Area (minimum} Lot Frontage (minimum} Siting Specifications Front Yard (minimum} Rear Yard (minimum} Interior Side Yard (minimum}: buildings up to 1 0 metres in height buildings over 1 0 metres up to 1 5 metres in height Exterior Side Yard (minimum} 4000 square metres 45 metres 3 metres 9 metres 3 metres 6 metres 3 metres Notwithstanding the front and exterior side yard requirements cited above, no building or structure shall be located within the sight triangle measured 6 metres from the point of intersection of the front and exterior side lot lines. Notwithstanding the above and the provisions of Section 6.2.2, no accessory building or structure other than a gate house, shall be located closer to any streetline than the closest wall of the main building. Building Specifications Height (maximum} 15 metres Landscaping Requirements In addition to the landscaping requirements of Section 6.49 hereof, a landscaped 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. Loading 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. 28 27.B.5 27.B.6 27.B.7 Outside Storage The storage of goods, material or machinery shall not be permitted other than in a wholly enclosed building. Parking In accordance with Section 6.49 Holding Prefix Notwithstanding the provisions of Section 27.8 above, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H}M5 on Schedule "A" attached hereto, use any lot or erect, alter or use any buildings or structures for any purposes except those uses which existed on the date of passing of this by- law. Furthermore, no extension or enlargement of the uses which existed on the date of passing of this by-law shall occur, unless an amendment to this 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 Prior to the passing of a by-law to remove the "(H)" Holding prefix from the lands zoned (H}M5 or any part thereof, the Town of Aurora shall be satisfied that a site plan agreement has been executed between the owner of the lands and the Corporation of the Town of Aurora. Upon removal of the "(H)" Holding prefix from the lands zoned (H}M5 pursuant to Section 36 of the Planning Act, RSO 1990, or a successor thereto, the provisions applicable to the said lands shall be as set out in Sections 27.8.1 to 27.8.6 inclusive. SECTION 27.B.7 RESTRICTED INDUSTRIAL SPECIFIC (M5} EXCEPTION ZONES SECTION 27 .B. 7.1 RESTRICTED INDUSTRIAL SPECIFIC (M5-2} EXCEPTION ZONE 27.B.7.1.1 Uses Permitted all uses permitted under Section 27.8.1 hereof with the exception of machine or welding shops, sheet metal shops and all other metal stamping uses. limited outdoor storage in accordance with the provisions of Section 27.8.7.1.6 27 .B. 7 .1.2 Zone Reguirements In accordance with Section 27. 8.2 with the exception that the minimum rear yard setback shall be 15 metres, the interior side 29 yard setback for all structures abutting the lands shown zoned M5- 3 on Schedule "A" shall be 6 metres, and the maximum building height shall be 12 metres. 27 .B. 7 .1.3 Landscape Requirements 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 landscaping 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 3 metres abutting the front and rear lot lines and 1 . 5 metres abutting the interior side lot lines with the exception that the minimum width of the landscaping strip abutting the lands shown zoned M5-3 on Schedule 'A' shall be 3 metres. ii) Where a parking area, other than a parking garage, is located in a yard abutting a public street or a reserve abutting a public street and includes more than 20 parking spaces, there shall be landscaping within the parking area occupying an area equivalent to not less than 5% of the parking area. iii} The landscape strip adjacent to the western property line abutting the railway shall include a berm with a minimum height of 2.5 metres and a maximum slope of 2.5 to 1. A minimum 1 .83 high metre fence shall be constructed on the berm in conjunction with a 1.5 metre wide planting strip consisting of suitable trees and shrubs which are no less than 1.5 metres in height. iv} The landscaping strip abutting the lands shown zoned M5-3 on Schedule "A" shall include a 1.5 metre wide planting strip consisting of suitable trees and shrubs which are no less than 1.5 metres in height. 27 .B. 7 .1.4 Parking In accordance with Section 6.26 27.B.7.1.5 Loading In accordance with Section 24.2 27 .B. 7 .1.6 Outside Storage 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) No open storage shall be permitted within 30 metres of the lands shown zoned M5-3 on Schedule "A". 30 ii) An open storage area shall not be closer than 9 metres to any street line; iii) 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; iv) An open storage area shall be exclusive of parking spaces and shall not exceed 30% of the lot area; v) No open storage other than machinery and equipment shall exceed 3 metres in height; vi) 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; vii) A landscaping strip shall be provided along all lot lines the minimum width of which shall be 3 metres; viii) 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. SECTION 27 .B. 7.2 RESTRICTED INDUSTRIAL SPECIFIC (M5-3) EXCEPTION ZONE 27.B.7.2.1 Uses Permitted Notwithstanding the provisions of Section 27.8.1 respecting Uses Permitted, the lands shown zoned M5-3 on Schedule "A" shall only be used for a Public or Private School, or Commercial School and accessory uses. For the purposes of this section commercial schools shall be limited to primarily elementary school-aged children. 27.B.7.2.2 Zone Requirements In accordance with Section 27 .8.2 with the exception that the minimum rear yard setback shall be 1 5 metres, the minimum interior side yard setback shall be 6 metres, and the maximum building height shall be 8 metres. 27 .B. 7 .2.3 Landscaping Requirements 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 landscaping may include retaining walls and curbs. Access ramps or driveways shall be permitted to cross the landscaping strips provided they are more or less 31 perpendicular to the street line. The width of the required landscaping strips shall be a minimum of 3 metres with the exception that the minimum width of the landscaping strip shall be 1.5 metres abutting the northern lot line. ii) Where a parking area, other than a parking garage, is located in a yard abutting a public street or a reserve abutting a public street and includes more than 20 parking spaces, there shall be landscaping within the parking area occupying an area equivalent to not less than 5% of the parking area. iii) The landscaping strip along the western property line abutting the railway shall include a berm with a minimum height of 2.5 metres and a maximum slope of 2.5 to 1. A minimum 1.83 metre high fence shall be constructed on the berm in conjunction with a 1.5 metre wide planting strip consisting of suitable trees and shrubs which are no less than 1.5 metres in height. iv) The landscape strip abutting the lands shown zoned M5-2 on Schedule "A" shall include a 1.5 metre wide planting strip consisting of suitable trees and shrubs which are no less than 1.5 metres in height. 27.8.7.2.4 Parking The parking requirement shall be the greater of: 1) the number of parking spaces required under Section 6.26; or 2) 1 0 spaces per each 90 square metres of public assembly space including a gymnasium. 27.8.7.2.5 Loading The provisions of Section 24.2 shall not apply. 27.8.7.2.6 Outside Storage Notwithstanding any provisions to the contrary, no outside or open storage shall be permitted. 27.8.7.2.7 Holding Prefix Notwithstanding the provisions of Section 27.8.7.2 above, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)M5-3 on Schedule "A" attached hereto, use any lot or erect, alter or use any buildings or structures for any purposes except those uses which existed on the date of passing of this by- law. Furthermore, no extension or enlargement of the uses which existed on the date of passing of this by-law shall occur, unless an amendment to this by-law is approved by the Council of the Corporation of the Town of Aurora and comes into full force and effect. 32 Removal of Holding Prefix Prior to the passing of a by-law to remove the "(H)" Holding prefix from the lands zoned (H)M5-3 or any part thereof, the Town of Aurora shall be satisfied that a site plan agreement has been executed between the owner of the lands and the Corporation of the Town of Aurora. Upon removal of the "(H)" Holding prefix from the lands zoned (H)M5-3 pursuant to Section 36 of the Planning Act, RSO 1990, or a successor thereto, the provisions applicable to the said lands shall be as set out in Sections 27.8.7.2.1 to 27.8.7.2.6 inclusive." 19. THAT Section 27 is hereby amended by adding the following as Section 27.C: "SECTION 27.C GENERAL INDUSTRIAL SPECIFIC (M6) ZONE The following provisions shall apply to all General Industrial Specific (M6) Zones. 27.C.1 Uses Permitted warehouses and industrial uses including food processing establishments, machine or welding shops, plumbing and electrical shops, printing establishments, and sheet metal shops, however excluding any obnoxious use ancillary retail in accordance with the provisions of Section 6.50 commercial self. storage facilities data processing centres fitness centres, recreation centres and private clubs provided that no part of the building in which such uses are located is used for any commercial self-storage facility, warehouse, industrial use, motor vehicle body shop, or motor vehicle repair garage laundries motor vehicle body shops motor vehicle rental establishments motor vehicle repair garages office use accessory to a permitted use on the same premises, provided that the floor area of the office use does not exceed 20% of the total floor area of the premises offices other than the offices of a doctor or drugless practitioner in multi-premises buildings provided that no part of the building is used for a printing establishment, a motor vehicle body shop, or a motor vehicle repair garage, and that the combined floor area of the offices does not exceed 30 percent of the total floor area of the building repair shops, heavy repair shops, light research labs trade schools limited outdoor storage in accordance with the provisions of Section 27 .C.5 33 27.C.2 27.C.2.1 27.C.2.2 27.C.2.3 27.C.3 27.C.4 27.C.5 an adult entertainment parlour provided the land, building or structure used for such purposes complies with all provisions of By-law 3496-93, the Adult Entertainment By-law, as amended, or successor legislation thereto. a body rub parlour provided the land, building or structure used for such purposes complies with all provisions of By-law 3493-93, the Body Rub Parlour By-law, as amended, or successor legislation thereto. Zone Requirements Lot Specifications Lot Area (minimum) Lot Frontage (minimum) Siting Specifications Front Yard (minimum) Rear Yard (minimum) Interior Side Yard (minimum): buildings up to 1 0 metres in height buildings over 1 0 metres up to 1 5 metres in height Exterior Side Yard (minimum) 4000 square metres 45 metres 3 metres 9 metres 3 metres 6 metres 3 metres Notwithstanding the front and exterior side yard requirements cited above, no building or structure shall be located within the sight triangle measured 6 metres from the point of intersection of the front and exterior side lot lines. Notwithstanding the above and the provisions of Section 6.2.2, no accessory building or structure other than a gate house, shall be located closer to any streetline than the closest wall of the main building. Building Specifications Height (maximum) 15 metres Landscaping Requirements In accordance with Section 6.49. Loading Notwithstanding the prov1s1ons of Section 24.2. 7 respecting location of loading spaces, all loading spaces and loading doors shall be located such that they do not face a public street, and shall be appropriately screened. All other provisions of Section 24.1 and 24.2 shall apply. Outside Storage Outside or open storage shall only be permitted if accessory to the principal use on the same lot and subject to the following 34 27.C.6 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 30% of the lot area; iv) No open storage other than machinery and equipment shall exceed 3 metres in height; 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 3 metres or as required under Section 6.49; 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. Parking In accordance with Section 6.49" 20. THAT Section 6.49 "General Provisions (Specific)" is hereby amended by numbering the first paragraph as 6.49.i, by renumbering subsections 6.49.a, 6.49.b, and 6.49.d as 6.49.i.a and 6.49.i.b, and 6.49.i.c respectively, by deleting subsection 6.49.c, and by adding the following as subsection 6.49.ii: "6.49.ii Notwithstanding any provisions to the contrary, the following requirements shall apply to lands zoned M1, M2, M3, M4, M5 and M6, and any exception zones thereto: Parking Space Requirements i) All parking spaces shall be located a minimum of 1.5 metres from any side or rear lot line. ii) When a building or structure accommodates more than one type of use as defined in this By-law, 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 6.26 and the following: Type of Use Minimum Parking Required 35 Banquet Hall Commercial Schools -11 spaces for each 1 00 square metres of floor area - 4 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 90 square metres of the facility involved with the data processing; plus, Day Nurseries Fitness or Recreation Centre Multiple Premises Buildings - 1 space for each 90 square metres of the facility used for storage purposes 1 space for each 1 0 children of licensed capacity; plus, -0.25 spaces per employee; plus, 1 service vehicle space in accordance with 6.26 and, 5 spaces for each squash, racquetball or handball court; plus, 6 spaces for each tennis court; plus, - 1 space for each 30 square metres of gross floor area devoted to exercise rooms, gymnasia and similar such uses related to physical fitness -the sum of the requirements for each premises in the building. The requirement for each premises shall be the ·greater of a) or b): a) Industrial Uses: 3 spaces for the first 1 00 square metres of floor area, plus 1 space for each 50 square metres of floor area greater than 1 00 square metres and less than or equal to 2800 square metres, plus 1 space for each 90 square metres of floor area over 2800 square metres and less than or equal to 5600 square metres, plus 1 space for each 180 square metres of floor area in excess of 5600 square metres. Warehouses: 3 spaces for the first 1 00 square metres of floor area, plus 1 space for each 50 square metres of floor area greater than 1 00 square metres and less than or equal to 1 000 square metres, plus 1 space for each 90 square metres of floor area over 1 000 square metres. 36 Research Laboratory Trade School b) the sum of the requirements for the floor area devoted to each type of separate use based on the corresponding standards specified in Sections 6.26 and 6.49. 3.3 spaces for each 90 square metres of the laboratory area and any associated office space; plus 1 space for each 90 square metres of the facility used for storage purposes 4 spaces for each teaching classroom; plus, additional spaces for any area for public assembly in accordance with Section 6.26.1. 7; plus, 1 space for each 90 square metres of the facility used for storage purposes" 21. THAT Section 6 is hereby amended by deleting subsections 6.26.2.2, 6.26.2.3 and 6.26.2.4. 22. THAT Section 6 is hereby amended by deleting the contents of subsection 6.26.1 .18 with the exception of the following: "Notwithstanding the provisions of Section 6.26 the Parking Requirements for the subject lands shall be nil." (See Schedule 'A' to By-law 2428-81 attached) 23. 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 15th DAY OF OCTOBER 1997. READ A THIRD TIME AND FINALLY PASSED THIS 29TH DAY OF OCTOBER, 1997. T.J L. ALLISON, MUNICIPAL CLERK 37 TOWN OF AURORA THIS IS SCHEDULE "A-1" TO BY-LAW NO. 3871-97. THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part 4, Plan 65R-3453 SUBJECT LANDS REZONED FROM M2 TO M1-12 I M2-4 M2 0 M1 5 M1 0 {2395-80) M2-1 VANDORF SIDEROAD SCHEDULE "A-1" TO BY-LAW NO. 3871-97.0 TOWN OF AURORA THIS IS SCHEDULE " TO BY-LAW NO. 3871-97 THE REGIONAL MUNICIPALITY OF YORK PASSEDTH LOCATION: Lot 32, Plan M2012 OF SUBJECT LANDS REZONED FROM M1-1 TO M3 --,::-I I.U I.U t= (/) M2-4 I.U (!) }~ M2 0 M2-1 SCHEDULE "A-2" TO BY-LAW NO. 3871-97.0 TOWN OF AURORA THIS IS SCHEDULE " TO BY-LAW NO. 3871-97 THE REGIONAL MUNICIPALITY OF YORK PASSED )01 DAY LOCATION: Lot 31, Plan M2012 OF SUBJECT LANDS REZONED FROM M1-1 TO M3 I M2 M1 0 (239~-80) M2-1 SCHEDULE "A-2" TO BY-LAW NO. 3871-97.0 TOWN OF AURORA THIS IS SCHEDULE "A-2" TO BY-LAW NO. 3871-97. THE REGIONAL MUNICIPALITY OF YORK LOCATION: Lot 21, Plan M51 SUBJECT LANDS REZONED FROM M1-1 TO M3 I M2 0 M1 ( 2J!J.5-80) M2-1 0-7 SCHEDULE "A-2" TO BY-LAW NO. 3871-97.0 TOWN OF AURORA THIS IS SCHEDULE " TO BY-LAW NO. 3871-97 THE REGIONAL MUNICIPALITY OF YORK LOCATION: Lot 60, Plan 10328 PASSED THIS ,.li_ DA SUBJECT LANDS REZONED FROM M1-1 TO M3 I M2-4 M2 M1 0 ( 239~-80) M2.-1 VANDORF SIDEROAD SCHEDULE "A-2" TO BY-LAW NO. 3871-97.0 TOWN OF AURORA THIS IS SCHEDULE""-'''" TO BY-LAW NO. 3871-97. THE REGIONAL MUNICIPALITY OF YORK .2ft DAY LOCATION: Lot 18, Plan 10328 OF SUBJECT LANDS REZONED FROM M1-1 TO M3 I M2 0 M1 ( 2J95-80) M2-1 VANDORF SIDEROAD SCHEDULE "A-2" TO BY-LAW NO. 3871-97.0 TOWN OF AURORA THIS IS SCHEDULE "A-2" TO BY-LAW NO. 3871-97 THE REGIONAL MUNICIPALITY OF YORK LOCATION: Lot34, Plan 10328 SUBJECT LANDS REZONED FROM M1-1 TO M3 0 M1 0 ( 2395..:. 80/ M2-1 SCHEDULE "A-2" TO BY-LAW NO. 3871-97.0 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Parts 2 & 3, Plan 65R8293 SUBJECT LANDS REZONED FROM M1-1 TO M3 WELLINGTON THIS IS SCHEDULE "A-2" TO BY-LAW NO. 3871-97. PASSED T IS JYi DAY ..J(,./.~~--19 STREET EAST C3 0 SCHEDULE "A-2" TO BY-LAW NO. 3871-97.0 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Parts 1 & 4, Plan 65R8293 SUBJECT LANDS REZONED FROM M1-1 TO M3 THIS IS SCHEDULE "A-2" TO BY-LAW NO. 3871-97. PASSED THIS Jf:L DAY .4/.jL.iL+=.:::....._-19 7 ··. , ___ j WELLINGTON STREET EAST C3 0 SCHEDULE "A-2" TO BY-LAW NO. 3871-97.0 I f-- ,, '. TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Part Lots 1, 2 & 3, Plan 68 SUBJECT LANDS REZONED FROM M1-1 TO M3 THIS IS SCHEDULE "A-2" TO BY-LAW NO. 3871-97.1 PASSED lJiiS R DAY OF A!J ~~ 19! 17 rtfx 0 R2-41~ R3-1 ~ SCHEDULE "A-2" TO BY-LAW NO. 3871-97.0 TOWN OF AURORA THIS IS SCHEDULE " TO BY-LAW NO. 3871-97. THE REGIONAL MUNICIPALITY OF YORK A-? DAY LOCATION: Lot 51, Plan 10328 SUBJECT LANDS REZONED FROM M1-1 TO M3 I M2 M1 (2.19.5-80) M2.-1 VANDORF SIDEROAD SCHEDULE "A-2" TO BY-LAW NO. 3871-97.0 ''-··· TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: Lots 8-25 inclusive, 65M-2873 Part of Part 2, SSR-1525 SUBJECT LANDS REZONED FROM MS-1 TO M6 ST. JOHN'S SIDEROAD THIS IS SCHEDULE "A-3" TO BY-LAW NO. 3871-97. PASSED THIS 2{j_ DAY (JYOR ''- cs M4 1-8 " '' LU .::1 ~ 5!: <( M4 ,, s: o-LU "~ ~ '-. ~~ ,, M4 SCHEDULE "A-3" TO BY-LAW NO. 3871-97.0 Explanatory Note Re: Zoning By-law Number 3871-97.0 By-law 3871-97.0 has the following purpose and effect: To amend By-law 2213-78, the Zoning By-law in effect in the Town of Aurora, to revise provisions pertaining to the industrial lands and to building height, including the following: Industrial: The amendment affects all lands currently zoned Industrial and includes changes to the zone structure and associated changes to the zoning maps (Schedule 'A'). to the permitted uses and definitions, and to the development standards. Height: The amendment includes changes to the general provisions that apply to all lands within the municipality and changes to the Apartment Residential and Central Commercial zones that affect lands within those zone categories. As components of the amendment apply to all lands within the municipality; no key map is provided. Town of Aurora 100 John West Way Box No. 1000 Aurora, Ontario L4G 6]1 Tel: (905) 727-1375 AFFIDAVIT UNDER SECTION 34(22) OF THE PLANNING ACT (1990) I, Lawrence Allison, hereby certify that the notice for By-law #3871-97_D of the Corporation of the Town of Aurora, passed by the Council of the Corporation on the 29th day of October, 1997, was given on the 11th day of November, 1997, in the manner and form and to the persons prescribed by Ontario Regulation 199/96, as amended, made by the Lieutenant Governor-in- Council under subsection (18) of section 34 of The Planning Act (1990)_ I also certify that the 20 day appeal period expired on the 1st day of December, 1997, and to this date no notice of appeal of the By-law has been filed by any person in the office of the Clerk_ Dated this 3rd day of December, 1997. E:\USERS\ADMIN\DEVELOP\D14-14.97\AFFIDPAS