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BYLAW - Amend Zoning (Ballymore) - 20020625 - 436902DBallymore Northwest Aurora D14-05-01/D14-15-00 THE CORPORA T/ON OF THE TOWN OF AURORA By-law Number 4369-02.0 BEING A BY-LAW to amend By-law No. 2213-78 WHEREAS it is deemed advisable to amend By-law Number 2213-78, AND WHEREAS the municipal Council of the Corporation of the Town of Aurora deems it necessary and expedient to amend By-law 2213-78, as amended; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the zoning categories applying to the lands shown in shading on Schedule "A" attached hereto and forming part of this By-law are hereby amended from: "Rural General (RU) Zone" to "Detached Dwelling First Density Residential (R1-32) Exception Zone", to "Detached Dwelling First Density Residential (R1-33) Exception Zone", "Detached Dwelling Second Density Residential (R2-75) Exception Zone", "Detached Dwelling Second Density Residential (H)R2-75 Exception Zone", "Environmental Protection (EP-15) Exception" and "Major Open Space (0-9) Exception Zone". 2. THAT Section 6 is hereby amended by adding the following at the end of Section 6.2.2: "In the case of the "Detached Dwelling First Density Residential (R1-32) Exception Zone", any accessory building or structure which is not part of the main building shall be erected to the rear of the required front yard setback a minimum of one (1) metre from any lot line excluding the depth of the driveway." 3. THAT Section 10 is hereby amended by adding the following Section 10.34, "Detached Dwelling First Density Residential (R1-32) Exception Zone": 10.34.1 10.34.2 10.34.2.1 10.34.2.2 USES PERMITTED -one detached dwelling per lot a home occupation in accordance with the provisions of Sections 6.21 and 6.21.12. ZONE REQUIREMENTS Notwithstanding any provisions to the contrary, for the purposes of the R1-32 Zone, St. Johns Sideroad, or a reserve abutting St. Johns Sideroad, shall be deemed to be the front lot line. Lot Specifications Lot Area (minimum) Lot Frontage (minimum along St. Johns Sideroad) Lot Width (minimum) Lot Depth (minimum) Siting Specifications 2,000 square metres 30.0 metres 30.0 metres excluding the driveway 40.0 metres excluding the driveway Front Yard (minimum) 10.0 metres Rear Yard (minimum) 7.5 metres (excluding the depth of the driveway) -2- Interior Side Yard (minimum) Exterior Side Yard (minimum) -adjacent to Bathurst Street 4.5 metres 4.5 metres 6.0 metres 1 0.34.2.2.1 Notwithstanding any other provisions to the contrary, on a corner lot where a daylighting triangle has been conveyed to a public authority, the flankage lot line and the front or rear lot line shall be deemed to be the continued projection of the flankage lot line and the front or rear lot line to a point of intersection, for the purposes of calculating the required minimum front or rear yard, and the required minimum exterior side yard. Notwithstanding the provision above, and any other provision to the contrary, no building or structure shall be permitted to encroach closer than 4.5 metres to the daylighting triangle. 1 0.34.2.2.2 Notwithstanding the provisions of Section 6.48.1, open-sided one and two storey roofed porches and balconies, with or without foundation, may project a maximum of 2.5 metres into the required front yard and/or the exterior side yard. Steps may encroach into the required front yard and/or the required exterior side yard provided they are not located any closer than 6.0 metres to the lot line. 1 0.34.2.2.3 Notwithstanding the provisions of Section 6.28.1.i the minimum width of a driveway shall be 6.0 metres of which a minimum of 3.0 metres shall be shared in common. 1 0.34.2.2.4 Notwithstanding any provisions to the contrary no buildings or structures shall be located within the driveway and/or turnaround area. 10.34.2.3 Building Specifications Lot Coverage (maximum) Height (main building) (maximum) Interior Garage Length (minimum) Interior Garage Width (minimum) 35 percent 10.0 metres 6.0 metres 2.9 metres 10.34.2.3.1 Notwithstanding the definition contained within Section 3.72, open-sided one and two storey roofed porches, bay windows, and fireplaces, with or without foundation, shall not be included in the calculation of lot coverage. 10.34.2.4 Parking Notwithstanding the definition contained within Section 3.98 and the provisions of Section 6.26.1.1, a minimum of three (3) parking spaces shall be provided, of which a minimum of one (1) parking space shall be provided within a private garage per unit, and a minimum of two (2) parking spaces shall be provided, either in tandem or side by side, on the driveway. 4. THAT Section 10 is hereby amended by adding the following Section 10.35, "Detached Dwelling First Density Residential (R1-33) Exception Zone": 10.35.1 USES PERMITTED -one detached dwelling per lot a home occupation in accordance with the provisions of Sections 6.21 and 6.21.12. 10.35.2 10.35.2.1 10.35.2.2 10.35.2.3 -3- ZONE REQUIREMENTS Lot Specifications Lot Area (minimum) Lot Frontage (minimum) Lot Width (minimum) Lot Depth (minimum) Siting Specifications 3,300 square metres 3.0 metres 35.0 metres excluding the driveway 40.0 metres excluding the driveway Buildings or structures shall be set back a m1mmum of 4.5 metres from the westerly lot line excluding the depth of the driveway. Rear Yard (minimum) Interior Side Yard (minimum) Building Specifications Lot Coverage (maximum) Height (main building) (maximum) Interior Garage Length (minimum) Interior Garage Width (minimum) 7.5 metres 4.5 metres 35 percent 10.0 metres 6.0 metres 2.9 metres 1 0.35.2.3.1 Notwithstanding the definition contained within Section 3.72, open-sided one and two storey roofed porches, bay windows, and fireplaces, with or without foundation, shall not be included in the calculation of lot coverage. 1 0.35.2.4 Parking Notwithstanding the definition contained within Section 3.98 and the provisions of Section 6.26.1.1, a minimum of three (3) parking spaces shall be provided, of which a minimum of one (1) parking space shall be provided within a private garage per unit, and a minimum of two (2) parking spaces shall be provided, either in tandem or side by side, on the driveway. 5. THAT Section 10 is hereby amended by adding the following Section 10.36, "Detached Dwelling First Density Residential (R1-34) Exception Zone": 10.36.1 10.36.2 10.36.2.1 USES PERMITTED -one detached dwelling per lot a home occupation in accordance with the provisions of Sections 6.21 and 6.21.12. ZONE REQUIREMENTS Notwithstanding any provisions to the contrary, for the purposes of the R1-34 Zone, St. Johns Sideroad, or a reserve abutting St. Johns Sideroad, shall be deemed to be the front lot line. Lot Specifications Lot Area (minimum) Lot Frontage (minimum along St. Johns Sideroad) Lot Width (minimum) Lot Depth (minimum) 2,000 square metres 27.0 metres 27.0 metres excluding the driveway 40.0 metres excluding the driveway 10.36.2.2 -4- Siting Specifications Front Yard (minimum) Rear Yard (minimum) (excluding the depth of the driveway) Interior Side Yard (minimum) Exterior Side Yard (minimum) -adjacent to Bathurst Street 10.0 metres 7.5 metres 4.5 metres 4.5 metres 6.0 metres 1 0.36.2.2.1 Notwithstanding any other provisions to the contrary, on a corner lot where a daylighting triangle has been conveyed to a public authority, the flankage lot line and the front or rear lot line shall be deemed to be the continued projection of the flankage lot line and the front or rear lot line to a point of intersection, for the purposes of calculating the required minimum front or rear yard, and the required minimum exterior side yard. Notwithstanding the provision above, and any other provision to the contrary, no building or structure shall be permitted to encroach closer than 4.5 metres to the daylighting triangle. 1 0.36.2.2.2 Notwithstanding the provisions of Section 6.48.1, open-sided one and two storey roofed porches and balconies, with or without foundation, may project a maximum of 2.5 metres into the required front yard and/or the exterior side yard. Steps may encroach into the required front yard and/or the required exterior side yard provided they are not located any closer than 6.0 metres to the lot line. 1 0.36.2.2.3 Notwithstanding the provisions of Section 6.28.1.i the minimum width of a driveway shall be 3.0 metres. 10.36.2.2.4 Notwithstanding any provisions to the contrary no buildings or structures shall be located within the driveway and/or turnaround area. 1 0.36.2.3 Building Specifications Lot Coverage (maximum) Height (main building) (maximum) Interior Garage Length (minimum) Interior Garage Width (minimum) 35 percent 10.0 metres 6.0 metres 2.9 metres 10.36.2.3.1 Notwithstanding the definition contained within Section 3.72, open-sided one and two storey roofed porches, bay windows, and fireplaces, with or without foundation, shall not be included in the calculation of lot coverage. 10.36.2.4 Parking Notwithstanding the definition contained within Section 3.98 and the provisions of Section 6.26.1.1, a minimum of three (3) parking spaces shall be provided, of which a minimum of one (1) parking space shall be provided within a private garage per unit, and a minimum of two (2) parking spaces shall be provided, either in tandem or side by side, on the driveway. -5- 6. THAT Section 11 is hereby amended by adding the following as Section 11.77, "Detached Dwelling Second Density Residential (R2-75) Exception Zone": 11.77.1 11.77.2 11.77.2.1 11.77.2.2 USES PERMITTED -one detached dwelling per lot - a home occupation. ZONE REQUIREMENTS Lot Specifications Lot Area (minimum) Lot Frontage (minimum) Siting Specifications Front Yard (minimum) -Main Building (minimum) -Garage (minimum) Rear Yard (minimum) Interior Side Yard (minimum) Exterior Side Yard (minimum) -adjacent to Bathurst Street -garage 750 square metres 24.0 metres 6.0 metres 6.0 metres 7.5 metres 2.0 metres 6.0 metres 6.0 metres 6.0 metres 11.77.2.2.1 Notwithstanding any other provisions to the contrary, on a corner lot where a daylighting triangle has been conveyed to a public authority, the flankage lot line and the front lot line shall be deemed to be the continued projection of the flankage lot line and the front lot line to a point of intersection, for the purposes of calculating the required minimum front yard, and the required minimum exterior side yard. Notwithstanding the provision above, and any other provision to the contrary, no building or structure shall be permitted to encroach closer than 3.0 metres to the daylighting triangle. 11.77.2.2.2 Notwithstanding the provisions of Section 6.48.1, open-sided one and two storey roofed porches and balconies, with or without foundation, may project 2.0 metres into the required front yard, provided that no part of the porch, including eaves, is located closer than 4.0 metres to the lot line. Steps may encroach into the required front yard or the required exterior side yard provided they are not located any closer than 2.5 metres to the lot line. 11.77.2.3 Building Specifications Lot Coverage (maximum) Height (main building) (maximum) Interior Garage Length (minimum) Interior Garage Width (minimum) 35 percent 10.0 metres 6.0 metres 2.9 metres 11.77.2.3.1 Notwithstanding the definition contained within Section 3.72, open-sided one and two storey roofed porches, bay windows, and fireplaces, with or without foundation, shall not be included in the calculation of lot coverage. 11.77.2.4 Parking Notwithstanding the definition contained within Section 3.98 and the provisions of Section 6.26.1.1, a minimum of three (3) parking spaces shall be provided, of which a minimum of one (1) parking space shall be provided within a private garage per unit, 7. 11.77.3 -6- and a minimum of two (2) parking spaces shall be provided, either in tandem or side by side, on the driveway. Holding Prefix Notwithstanding the provisions of Section 11.77 above, while the "(H)" Holding prefix is in place, no person shall within the lands zoned (H)R2-75, 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 the 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)R2-75, or any part thereof, the Town of Aurora shall be satisfied that the relevant provisions of Section 4.3.2 of the Official Plan have been complied with. In addition, to the foregoing, and prior to the removal of the "(H)" Holding prefix, the following shall have been complied with: i) A subdivision agreement, and other agreement(s) as required, have been executed between the Owner of the lands and the Corporation of the Town of Aurora; and ii) The Town of Aurora is satisfied that the removal of the "(H)" represents a logical and orderly progression of development. · Upon removal of the "(H)" Holding prefix from the lands zoned (H)R2-75, pursuant to Section 36 of the Planning Act, or any successor thereto, the provisions applicable to the said lands shall be as set out in Sections 11.77.1 and 11.77.2. THAT 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, SECOND AND THIRD TIME THIS 25TH DAY OF JUNE, 2002. PART OF LOT 86, CONCESSION 1 TOWN OF AURORA WEST OF YONGE STREET REGIONAL MUNICIPALITY OF YORK SUBJECT LANDS REZONED FROM RU TO R1-32, R1-33, R1-34, R2-75, (H)R2-75, EP-15 AND 0-9 lli \ t-7 1:::_ ~ (IH)H2 u J EP-15 /'...., v L o-9 >--w w IE 71 -(/) jt >-- . 0 2.,._7~ f-------. (/) ~, fr: .. , r ::0 FE <( (tJ f!2ps J o.. " - fL; l l ~-~ R1-33 ~ IA1 -34 1 R1t -32 0-9 rl 0-9 R1 32 / ""' ST. JOHN'S SIDEROAD SCHEDULE 'A' TO BY-LAW No. 4369-02.D THIS IS SCHEDULE 'A' TO BY-LAW~~02.D PASSEW: l~DAY OF:Mifl , 2 . M1!if- CLE • ! ~ I I I . I I I I Ballymore Northwest Aurora D14-05-01/D14-15-00 Explanatory Note Re: Zoning By-law Number 4369-02.0 By-law 4369-02.D has the following purpose and effect: To amend the zoning from "Rural General (RU) Zone", to "Detached Dwelling First Density Residential (R1-32) Exception Zone", "Detached Dwelling First Density Residential (R1-33) Exception Zone", "Detached Dwelling Second Density Residential (R2-75) Exception Zone", "Detached Dwelling Second Density Residential (H)R2-75 Exception Zone", "Environmental Protection (EP-15) Exception Zone" and "Major Open Space (0-9) Exception Zone" within By-law 2213-78, the Zoning By-law in effect in the Town of Aurora, effecting lands identified as Part of Lot 86, Concession 1, W.Y.S. This By-law will permit the use of the lands for single detached dwellings on lots with area of 0.2 ha and 30.0 m frontage (except for a 3.0 m access into the lot) and lots with area of 750 sq.m. and 24 m frontage. A "Holding (H)" provision has been applied to a part of the lands for the R2-74 residential zone, which has the effect of preventing any development of these lands until certain terms and conditions have been met such as all required agreements have been executed and can be registered on title, that all necessary approvals have been received from all other relevant agencies and/or government bodies, and that there is compliance with the relevant policies of Official Plan Amendment No. 37. The 0-9 Exception Zone permits a public park and/or buildings or structures intended for erosion control and the EP-15 Zone permits only conservation and wildlife areas.