BYLAW - Amend General Zoning By law - 20030624 - 444503DTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 4445-03.0
BEING A BY-LAW to
Amend By-law 2213-78
WHEREAS it is deemed advisable to amend By-law 2213-78.
AND WHEREAS the municipal Council of the Corporation ofthe 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 Section 3.72, and 3.126 be deleted and the following added in their place.
3.72 Lot Coverage:
means the percentage of a lot covered by all buildings and accessory
buildings or structures, however excludes decks attached to the main
building, balconies, open-sided roofed porches, landings and steps, pools
including perimeter decking that forms part of an above-ground pool, and
any part of a building that is completely below grade.
3.126 Pool:
means any open artificial body of water located wholly or partially outdoors
on privately owned property, in which the depth of the water at any point
can exceed 0.8 metres and pool shall include above-ground pools, hot
tubs and whirlpools. Pool excludes all naturally occurring bodies of water
and areas used for storm water management.
2. THAT Section 6.2.4 and Section 6.2.5 be deleted and the following added
in their place:
6.2.4 Lot Coverage:
Except as otherwise stated in this By-law and for the purposes of lot
coverage calculations, the following maximum lot coverage provisions
shall apply to accessory buildings and structures, and shall not be
included in the maximum lot coverage as set out in the zone in which such
lot or parcel is situated in:
a) Where the Lot Area is less than 400.0 m2
, the maximum lot coverage
for accessory buildings and structures shall not exceed 7.5%.
b) Where the Lot Area is equal to or greater than 400.0 m2 , the
maximum lot coverage for accessory buildings and structures shall
not exceed 15%.
By-law No. 4445-03.0 Page 2
6.2.5 Gatehouse:
Notwithstanding any provision to the contrary, where an accessory
building is a gatehouse it shall not exceed 10.0 m2 in floor area, and shall
only be permitted and located in an Industrial Zone or residential
development in accordance with a development agreement.
3. THAT section 6.38 be deleted and the following added in its place:
6.38 Swimming Pools
Except as otherwise stated in this By-law, pools shall be permitted in all
residential and rural zones and shall be located in accordance with the following:
1. Pools shall be located in the rear and side yards only.
2. Retaining walls, concrete walkways and/or raised grades around in-ground pools
shall be setback a minimum of 0.45 metres from abutting lot lines and/or
common lot lines between attached dwelling units.
6.38.1 Estate Residential, Rural Residential, and Rural General Zones:
Pools shall be located in accordance with the minimum setback requirements for
the main building with the exception of the rear yard, which shall be a minimum of
4.5 metres. ·
6.38.2 Other Residential Zones (excluding Apartment Residential Zones):
1. Pools shall be located in accordance with the following setbacks:
a) 1.2 metres from the rear and interior side lot lines;
b) 1.2 metres from the common lot line between attached dwelling units;
c) Exterior Sideyard: the lesser of 4.5 metres or the minimum setback for the main
building.
2. Where an above-ground pool has a perimeter deck that forms part of the pool
structure, the perimeter deck shall be located in accordance with the following:
a) In accordance with the minimum setback requirements for the main building,
with the exception that the minimum rear yard setback shall be 1.2 metres.
b) Where the zoning provisions for the main building permits an interior side yard
setback of less than 1.2 metres a privacy screen with a minimum height of 1.5
metres and maximum height of 2.0 metres shall be required along the full
extent of the perimeter deck abutting that lot line.
c) Notwithstanding any other provisions, the perimeter deck shall be setback a
minimum of 0.6 metres from any common lot line.
6.38.3 Minimum Distance Separation from Waters Edge for In-ground and
Above-ground Pools:
a) In the case of an in-ground pool, no pool enclosure shall be closer than 1.2 metres of
the nearest edge of the water contained in the pool.
b) A minimum distance separation of 1.2 metres from the nearest edge of the water
contained in the pool shall be maintained from all buildings and/or structures.
By-law No. 4445-03.0
6.38.4 Exceptions:
In the case of the Detached Dwelling Second Density Residential (R2-58)
Exception Zone, the minimum rear setback of a pool from the rear lot line shall
be 11.0 metres.
4. THAT Section 6.28.1.i be deleted that the following added in its place:
Page3
6.28.1.i Residential Parking Areas in Zones Requiring Less Than Five Spaces:
1) Except as otherwise stated in this By-law, in any residential zone requiring less
than five parking spaces, the maximum width of a driveway or parking space shall
be:
a) 3.5 metres if the lot frontage is less than 9.0 metres.
b) 6.0 metres if the lot frontage is greater than or equal to 9.0 metres and less
than 18.0 metres.
c) 10.0 metres if the lot frontage is 18.0 metres or greater, with the exception
that the maximum driveway width at the property line shall not exceed 6.0
metres.
d) 6.0 metres if located on the flankage lot line where the lot frontage is less
than 18.0 metres
e) 10.0 metres if located on the flankage lot line where the lot frontage is 18.0
metres or greater, with the exception that the maximum driveway width at the
property line shall not exceed 6.0 metres.
f) In the case of the Rural Residential, Estate Residential and Rural General
Zones a maximum driveway width shall not apply, with the exception that the
maximum driveway width at the property line shall not exceed 6.0 metres.
g) A circular driveway is one driveway and shall only be permitted on lots or
parcels having a frontage of 25.0 metres or greater. Where a circular
driveway is permitted, the maximum width of the driveway at the street line
shall not exceed 6.0 and 4.0 metres, respectively.
2) In no case shall a driveway width be less than 2.7 metres.
3) A maximum of one driveway shall be permitted.
4) Where a driveway impacts a side yard swale a minimum distance separation of
0.45 metres shall be maintained from the driveway to the property line.
5) All driveways shall be treated with a hard stable surface that is treated so as to
prevent the raising of dust or loose particles, or as specified in a development
agreement.
6) In the case of Estate Residential Zones, the above requirement in Subsection (5)
shall apply, unless specified otherwise in a development agreement.
7) In the case of Rural Residential and Rural General Zones, the above requirement
in Subsection (5) shall not apply.
8) No motor vehicle shall be parked or stored in any front or rear yard except on a
properly constructed, drained hard surface driveway in accordance with the above.
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5. That Section 30.2 be deleted and the following added in its place:
30.2 Zone Requirements
No buildings or structures shall be erected in the Environmental Protection
(EP) Zone, except for the following:
1. Buildings or structures intended for flood or erosion control, subject to
Public Authority approval.
2. Structures ancillary to uses permitted, subject to Public Authority
approval.
6. THAT By-law 4436-03.0 is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME THIS 24TH DAY OF JUNE, 2003.
By-law No. 4445-03.0 Page 5
By-law 4445-03.0 has the following purpose and effect: To amend By-law 2213-78,
the Zoning By-law as follows:
• To revise the definition of Section 3.72 Lot Coverage to exclude above-ground
pools from the calculation of lot coverage and incorporate various sections ofthe
by-law that apply to pools and pools with perimeter decks into one provision for
administrative purposes. In addition the definition of Section 3.126 Swimming
Pool is amended to match the definition of Pool in the by-law regulating pool
enclosures for consistency purposes.
• To amend "Accessory Buildings and Uses" Section 6.2.4 Lot Coverage to allow
the erection of accessory buildings or structures in addition to the maximum lot
coverage as set out in the zone in which such lot is situated. As dwellings are
being constructed to the maximum lot coverage permitted in the zone, accessory
buildings or structures are not currently permitted as they will exceed the
maximum permitted lot coverage. The new provision will allow for limited
accessory structures in those circumstances.
• To add a provision to "Accessory Buildings and Uses" Section 6.2.5 to regulate
gate houses.
• To amend Section 6.28.1.i "Residential Parking Areas in Zones Requiring Less
Than Five Parking Spaces", to exclude the RU, RR and ER zones from the
maximum driveway width requirement. To add provisions for minimum distance
separation from the driveway to the side lot line for swale purposes and to set out
a minimum driveway width.
• To amend the EP Zone Section 30.2 to permit structures ancillary to uses
permitted that have received approval from the Public Authority such as Aurora
Hydro Connections to be erected in the EP zone.