BYLAW - Rezoning Preserve Homes - 20030331 - 440603DPreserve Homes Ltd. By-law
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4406-03.0
BEING A BY-LAW to amend
By-law No. 2213-78
WHEREAS authority is given to The Ontario Municipal Board by Section 34 and
Section 37 of the Planning Act to enact this By-law;
AND WHEREAS the Board, pursuant to its Decision/Order No. 0623, issued on
May 14, 2003, upon hearing the appeal of Preserve Homes Inc., deems it
advisable to enact an amendment to By-law Number 2213-78, as amended.
NOW THEREFORE the Ontario Municipal Board HEREBY ENACTS as follows:
1 ) THAT the zoning categories applying to the lands shown in dark outline on
Schedule "A" attached hereto and forming part of this By-law are hereby
amended from: "Rural (RU) Zone" to "Detached Dwelling Second Density
Residential Holding (H)R2-76 Exception Zone", "Detached Dwelling
Second Density Residential Holding (H)R2-77 Exception Zone",
"Detached Dwelling Second Density Residential Holding (H)R2-78
Exception Zone", "Detached Dwelling Second Density Residential Holding
(H)R2-79 Exception Zone", "Row Dwelling Residential Holding (H)R6-49
Exception Zone", "Row Dwelling Residential Holding (H)R6-50 Exception
Zone", "Major Open Space (0-9) Exception Zone", "Open Space 0-17
Exception Zone", "Environmental Protection (EP-15) Exception Zone",
"Institutional (1-18) Exception Zone", and "Business Park Holding H(BP-3)
Zone".
2) THAT Section 11 is hereby amended by adding the following as Section
11.78, "Detached Dwelling Second Density Residential Holding (H)R2-76
Exception Zone."
11.78.1
11.78.2
11.78.2.1
11 7ll?? ................. ~
USES PERMITTED
-one detached dwelling per lot.
- a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12, excluding however a teaching
and musical instruction studio.
ZONE REQUIREMENTS
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
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Front Yard
-Main Building (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
-one side
-other side
Exterior Side Yard (minimum)
-Main Building
250.0 square metres
10.7 metres
4.5 metres
6.0 metres
1.2 metres
0.6 metres
-Garage accessed over a flankage lot line
3.0 metres
6.0 metres
-2-
11. 78.2.2.1 Notwithstanding any provisions to the contrary, the minimum
required distance separation between the walls of any two
detached dwellings shall be 1.2 metres. Where the distance
between the walls of two detached dwellings is less than 3.0
metres, no window below grade or door below grade is
permitted in any such wall.
11. 78.2.2.2 Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be either
flush with, or project in front of the garage.
11.78.2.2.3 Notwithstanding any other provisions to the contrary, on a
multi-storey dwelling, that portion of the front wall of the main
building, located above an attached garage, for no less than
60% of the garage width, shall not be setback more than 2.5
metres from the front wall of the garage.
11. 78.2.2.4 Notwithstanding any other provisions to the contrary, on a
corner lot where a daylighting triangle or comer rounding 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 requirements. Notwithstanding the
provisions above, and any other provisions to the contrary,
no building or structure shall be permitted to encroach within
the daylighting triangle or corner rounding.
11.78.2.2.5 Section 6.36 does not apply.
11. 78.2.2.6 Notwithstanding the provisions of Section 6.2.6.i), central air
conditioners and heat pumps shall be permitted in the rear
yard, subject to a minimum setback of 4.5 metres from the
rear lot line.
11. 78.2.2. 7 Notwithstanding the definition contained within Section
3.124, on a corner lot where a 0.3 metre reserve abuts a
street, the exterior side yard shall be deemed to include the
0.3 metre reserve, for the purposes of calculating the
minimum exterior side yard requirements.
11. 78.2.2.8 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 or the required exterior side yard, provided that no
part of the porch is located closer than 2.0 metres to the
front lot line and 1.0 to the flankage lot line. Steps may
encroach into the required front yard or the required exterior
side yard provided they are not located any closer than 0.6
metres to tile iot' iine. ·
11. 78.2.3 Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Interior Garage Width (maximum)
Floor Area (minimum)
45.0 percent
11.0 metres
6.0 metres
2.9 metres
6.0 metres
100.0 square metres
-3-
11. 78.2.3.1 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. Further,
notwithstanding the provisions of Section 6.48, the maximum
projection of any bay window shall not exceed 0.5 metres
11. 78.2.4 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, including that portion of the driveway that extends
beyond the lot.
11. 78.2.4.1 Garage Setback
11.78.3
Notwithstanding the provisions of Section 6.26, the following
minimum garage setbacks shall apply:
Garage Setback (minimum)
-garage accessed by a single driveway
intersected by a sidewalk 9.25 metres
-garage accessed by a single driveway
not intersected by a sidewalk 6.0 metres
-garage accessed by a double driveway
either intersected by a sidewalk or not
intersected by a sidewalk 6.0 metres
Notwithstanding any other provisions to the contrary, a
single driveway shall be defined as a driveway less than 5.4
metres in width, and a double driveway shall be defined as a
driveway between 5.4 metres and 6.0 metres in width. The
provisions of Section 6.28.1.i shall also apply.
Holding Prefix
Notwithstanding the provisions of Section 11.78 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R2-76, on Schedule "A" attached hereto, use
any lot or erect, alter or use any buildings or structures for
any purpose 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 COrilet; inio luli ruf(;t: t~nJ ei'fect.
~ ~ ~-~---·--------~-~-----------~---------------------~~----------------~-----~---~------~~-------~-----------
-4-
Removal of Holding Prefix
Prior to the passing of a by-law to remove the "(H)" Holding
prefix from the lands zoned (H)R2-76, 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) The Region of York has confirmed that adequate
servicing capacity is available, and the Town of
Aurora has allocated such capacity;
ii) 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
iii) 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)R2-76, 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 11.78.1 and
11.78.2.
3) THAT Section 11 is hereby amended by adding the following as Section
11. 79, "Detached Dwelling Second Density Residential Holding (H)R2-77
Exception Zone."
11.79.1
11.79.2
11.79.2.1
USES PERMITTED
-one detached dwelling per lot.
- a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12, excluding however a teaching
and musical instruction studio.
ZONE REQUIREMENTS
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
420.0 square metres
16.8 metres
11. 79.2.2 Siting Specifications
Front Yard
-Main Building (minimum)
Rear Yard (minimum)
-Main Building
-Detached garage
Interior Side yard (minimum
-Main Building
-Detached garage
Exterior Side Yard (minimum)
4.5 metres
6.0 metres
1.0 metres
1.2 metres
1.0 metres
3.0 metres
-5-
11. 79.2.2.1 Notwithstanding the above, where a detached garage is
located in its entirety in the rear yard and is accessed by a
driveway crossing the front lot line, the minimum required
interior side yard setback for the main building shall be 4.0
metres on the driveway side and 1.2 metres on the other
side.
11. 79.2.2.2 Notwithstanding any other provisions to the contrary, on a
corner lot where a daylighting triangle or comer rounding 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 requirements. Notwithstanding the
provisions above, and any other provisions to the contrary,
no building or structure shall be permitted to encroach within
the daylighting triangle or comer rounding.
11.79.2.2.3 Section 6.36 does not apply.
11.79.2.2.4 Notwithstanding the provisions of Section 6.2.6.i), central air
conditioners and heat pumps shall be permitted in the rear
yard, subject to a minimum setback of 4.5 metres from the
rear lot line.
11.79.2.2.5 Notwithstanding the definition contained within Section
3.124, on a corner lot where a 0.3 metre reserve abuts a
street, the exterior side yard shall be deemed to include the
0.3 metre reserve, for the purposes of calculating the
minimum exterior side yard requirements.
11. 79.2.2.6 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 or the required exterior side yard, provided that no
part of the porch is located closer than 2.0 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 1.0 metre to the lot line.
11. 79.2.2. 7 For the purposes of this zone, a Detached Garage, including
a garage attached to the Main Building by way of a
Breezeway, shall be deemed to be an Accessory Building.
The Breezeway connecting the garage and the Main
Building shall also be deemed to be an Accessory Building.
11. 79.2.3 Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Interior Garage Width (maximum)
Floor Area (minimum)
45.0 percent
·j ·j .0 metres
6.0 metres
2.9 metres
6.0 metres
100.0 square metres
r···-·
-6-
11.79.2.3.1 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. Further,
notwithstanding the provisions of Section 6.48, the maximum
projection of any bay window shall not exceed 0.5 metres
11. 79.2.4 Parking
11.79.3
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, including that portion of the driveway that extends
beyond the lot.
Holding Prefix
Notwithstanding the provisions of Section 11.79 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R2-77, on Schedule "A" attached hereto, use
any lot or erect, alter or use any buildings or structures for
any purpose 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)R2-77, 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) The Region of York has confirmed that adequate
servicing capacity is available, and the Town of
Aurora has allocated such capacity;
ii) 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
Iii) I he Town of Aurora· iS satisfied that the rtlrnovai ul
the "(H)" represents a logical and orderly progression
of development.
Upon removal of the "(H)" Holding prefix from the lands
zoned (H)R2-77, 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 11.79.1 and
11.79.2.
-7-
4) THAT Section 11 is hereby amended by adding the following as Section
11.80, "Detached Dwelling Second Density Residential Holding (H)R2-78
Exception Zone."
11.80.1
11.80.2
11.80.2.1
11.80.2.2
USES PERMITTED
-one detached dwelling per lot.
- a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12, excluding however a teaching
and musical instruction studio.
ZONE REQUIREMENTS
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Side Yard (minimum)
-one side
-other side
375.0 square metres
15.0 metres
4.5 metres
6.0 metres
1.2 metres
0.6 metres
11.80.2.2.1 Notwithstanding any other provisions to the contrary,
-the front lot line shall be deemed to be the lot line most
closely abutting Bayview Avenue or Wellington Street East,
-the rear lot line shall be deemed to be the lot line abutting a
local road,
-all other lot lines shall be deemed to be side lot lines.
11.80.2,-2.2 Notwithstanding any provisions to the contrary, the minimum
required distance separation between the walls of any two
detached dwellings shall be 1.2 metres. Where the distance
·between the walls of two detached dwellings is less than 3.0
metres, no window below grade or door below grade is
permitted in any such wall.
11.80.2.2.3 Notwithstanding the provisions of Section 6.2.6.i), central air
conditioners and heat pumps shall be permitted in the rear
yard, subject to a minimum setback of 4.5 metres from the
rear lot line.
11.80.2.2.4 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 is located closer
than 2.0 metres io the front lot· iine.-Slt~ps rn<~y encw<~ch
into the required front yard provided they are not located any
closer than 1.0 metre to the front lot line.
11.80.2.3
-8-
Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Interior Garage Width (maximum)
Floor Area (minimum)
45.0 percent
12.2 metres
6.0 metres
2.9 metres
6.0 metres
100.0 square metres
11.80.2.3.1 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. Further,
notwithstanding the provisions of Section 6.48, the maximum
projection of any bay window shall not exceed 0.5 metres
11.80.2.4 Parking
11.80.3
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, including that portion of the driveway that extends
beyond the lot.
Holding Prefix
Notwithstanding the provisions of Section 11.80 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R2-78, on Schedule "A" attached hereto, use
any lot or erect, alter or use any buildings or structures for
any purpose 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)R2-78, 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:
IV) The Region of York has confirrn~:~ti iilai aJt:14l.iaito
servicing capacity is available, and the Town of ·
Aurora has allocated such capacity;
v) 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
-9-
vi) 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)R2-78, 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 11.80.1 and
11.80.2.
5) THAT Section 11 is hereby amended by adding the following as Section
11.81, "Detached Dwelling Second Density Residential Holding (H)R2-79
Exception Zone."
11.81.1
11.81.2
11.81.2.1
11.81.2.2
USES PERMITTED
-one detached dwelling per lot.
- a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12, excluding however a teaching
and musical instruction studio.
ZONE REQUIREMENTS
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
Siting Specifications
Front Yard
-Main Building (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
-one side
-other side
Exterior Side Yard (minimum)
-Main Building
325.0 square metres
13.7 metres
4.5 metres
6.0 metres
1.2 metres
0.6 metres
-Garage accessed over a flankage lot line
3.0 metres
6.0 metres
11.81.2.2.1 Notwithstanding any provisions to the contrary, the minimum
required distance separation between the walls of any two
detached dwellings shall be 1.2 metres. Where the distance
between the walls of two detached dwellings is less than 3.0
metres, no window below grade or door below grade is
permitted in any such wall.
11.81.2.2.2 Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be either
flush with, or project in front of the garage.
11.81.2.2.3 Notwithstanding any other provisions to the contrary, on a
multi-storey dwelling, that portion of the front wall of the main
building, located above an attached garage, for no less than
60% of the garage width, shall not be setback more than 2.5
metres from the front wall of the garage.
-10-
11.81.2.2.4 Notwithstanding any other provisions to the contrary, on a
corner lot where a daylighting triangle or corner rounding 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 requirements. Notwithstanding the
provisions above, and any other provisions to the contrary,
no building or structure shall be permitted to encroach within
the daylighting triangle or corner rounding.
11.81.2.2.5 Section 6.36 does not apply.
11.81.2.2.6 Notwithstanding the provisions of Section 6.2.6.i), central air
conditioners and heat pumps shall be permitted in the rear
yard, subject to a minimum setback of 4.5 metres from the
rear lot line.
11.81.2.2. 7 Notwithstanding the definition contained within Section
3.124, on a corner lot where a 0.3 metre reserve abuts a
street, the exterior side yard shall be deemed to include the
0.3 metre reserve, for the purposes of calculating the
minimum exterior side yard requirements.
11.81.2.2.8 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 or the required exterior side yard, provided that no
part of the porch is located closer than 2.0 metres to the
front lot line and 1.0 to the flankage lot line. Steps may
encroach into the required front yard or the required exterior
side yard provided they are not located any closer than 0.6
metres to the lot line.
11.81.2.3 Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Interior Garage Width (maximum)
Floor Area (minimum)
45.0 percent
11.0 metres
6.0 metres
2.9metres
6.0 metres
100.0 square metres
11.81.2.3.1 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. Further,
notwithstanding the provisions of Section 6.48, the maximum
projection of any bay window shall not exceed 0.5 metres
11.81.2.4
-11-
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, including that portion of the driveway that extends
beyond the lot.
11.81.2.4.1 Garage Setback
11.81.3
Notwithstanding the provisions of Section 6.26, the following
minimum garage setbacks shall apply:
Garage Setback (minimum)
-garage accessed by a single driveway
intersected by a sidewalk 9.25 metres
-garage accessed by a single driveway
not intersected by a sidewalk 6.0 metres
-garage accessed by a double driveway
either intersected by a sidewalk or not
intersected by a sidewalk 6.0 metres
Notwithstanding any other provisions to the contrary, a
single driveway shall be defined as a driveway less than 5.4
metres in width, and a double driveway shall be defined as a
driveway between 5.4 metres and 6.0 metres in width. The
provisions of Section 6.28.1.i shall also apply.
Holding Prefix
Notwithstanding the provisions of Section 11.81 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R2-79, on Schedule "A" attached hereto, use
any lot or erect, alter or use any buildings or structures for
any purpose 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)R2-79, or any part thereof,
the· Town ·of· Aurora· shall be satisfied that the reievant
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:
-12-
iv) The Region of York has confirmed that adequate
servicing capacity is available, and the Town. of
Aurora has allocated such capacity;
v) 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
vi) 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)R2-79, 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 11.81.1 and
11.81.2.
6) THAT Section 15 is hereby amended by adding the following as Section
15.53, "Row Dwelling Residential Holding (H)R6-49 Exception Zone."
15.53.1
15.53.2
15.53.2.1
15.53.2.2
USES PERMITTED
-row housing.
- a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12, excluding however a teaching
and musical instruction studio.
ZONE REQUIREMENTS
Lot Specifications
Lot Area per dwelling unit (minimum) 180.0 square metres
Lot Frontage per dwelling unit (minimum) 6.0 metres
Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
-Main Building
-Detached Garage
Side Yard (minimum)
-Main Building
-Detached Garage
Distance Separation (minimum)
-between Main Building and Detached Garage
4.5 metres
14.0 metres
2.0 metres
1.5 metres
0.6 metres
6.0 metres
15.53.2.2.1 Notwithstanding the above, the minimum required setback
from tile common ioi iine betweerrai:iached uniis shaH be nH
for the main building and garage.
-13-
15.53.2.2.2 Notwithstanding any other provisions to the contrary,
-the front lot line shall be deemed to be the lot line most
closely abutting Bayview Avenue or Wellington Street East,
-the rear lot line shall be deemed to be the lot line abutting a
local road,
-all other lot lines shall be deemed to be interior side lot
lines.
15.53.2.2.3 Notwithstanding the prov1s1ons of 6.48.1, the required
minimum distance separation between balconies, open-side
roofed porches, uncovered terraces, patios, steps and
landings, and the common lot line between attached units
shall be nil.
15.53.2.2.4 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 2.0 metres to the front lot line.
Steps may encroach into the required front yard provided
they are not located any closer than 1.0 metre to the lot line.
15.53.2.3 Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Interior Garage Width (maximum)
Floor Area (minimum)
60.0 percent
12.2 metres
6.0 metres
3.0 metres
6.0 metres
90.0 square metres
15.53.2.3.1 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. Further,
notwithstanding the provisions of Section 6.48, the maximum
projection of any bay window shall not exceed 0.5 metres
15.53.2.3.2 Notwithstanding Section 6.2.4, the total lot coverage of all
accessory buildings and structures on a lot shall not exceed
twenty (20) percent of the lot area.
15.53.2.3.3 Section 7.5 shall not apply.
15.53.2.4 Parking
Notwithstanding the definition contained within Section 3.98
and the provisions of Section 6.26.1.2, a minimum of three
(3) parking spaces shall be provided, of which a minimum of
one ( i j parking spac~:~ shaH oe jJrovided within a private
garage per unit and a minimum of two (2) parking spaces
shall be provided on the driveway, including that portion of
the driveway that extends beyond the lot. The required
parking set aside for and visibly identified as visitor's parking
shall be nil.
15.53.2.5
15.53.3
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Private Outdoor Living Area
Notwithstanding the provisions of Section 15.3.1.3, a screen
wall and/or fence with a minimum height of 1.83 metres and
a maximum height of 2.0 metres, shall be provided on either
side of the private outdoor living area to a minimum depth of
3.6 metres. All other provisions of Section 15.3 shall apply.
Holding Prefix
Notwithstanding the provisions of Section 15.53 above, while
the "(H)'' Holding prefix is in place, no person shall within the
lands zoned (H)R6-49, on Schedule "A" attached hereto, use
any lot or erect, alter or use any buildings or structures for
any purpose 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)R6-49, 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) The Region of York has confirmed that adequate
servicing capacity is available, and the Town of
Aurora has allocated such capacity;
ii) 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
iii) 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)R6-49, 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 15.53.1 and
15.53.2.
7) THAT Section 15 is hereby amended by adding the following as Section
15.54, "Row Dwelling Residential Holding (H)R6-50 Exception Zone."
15.54.1 USES PERMITTED
-row housing.
- a home occupation in accordance with the provisions of
Sections 6.21 to 6.21.12, excluding however a teaching
and musical instruction studio.
15.54.2
15.54.2.1
15.54.2.2
-15-
ZONE REQUIREMENTS
Lot Specifications
Lot Area per dwelling unit (minimum) 160.0 square metres
Lot Frontage per dwelling unit (minimum) 6.0 metres
Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
4.5 metres
6.0 metres
1.5 metres
3.0 metres
15.54.2.2.1 Notwithstanding the above, the minimum required setback
from the common lot line between attached units shall be nil
for the main building and garage.
15.54.2.2.2 Notwithstanding the provisions of 6.48.1, the required
minimum distance separation between balconies, open-
sided roofed porches, uncovered terraces, patios, steps and
landings, and the common lot line between attached units
shall be nil
15.54.2.2.3 Notwithstanding any other provisions to the contrary, the
habitable ground floor front wall or porch face shall be either
flush with, or project in front of the garage.
15.54.2.2.4 Notwithstanding any other provisions to the contrary, on a
multi-storey dwelling, that portion of the front wall of the main
building, located above an attached garage, for no less than
60% of the garage width, shall not be setback more than 2.5
metres from the front wall of the garage.
15.54.2.2.5 Notwithstanding any other provisions to the contrary, on a
corner lot where a daylighting triangle or comer rounding 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 requirements. Notwithstanding the
provisions above, and any other provisions to the contrary,
no building or structure shall be permitted to encroach within
the daylighting triangle or corner rounding.
15.54.2.2.6 Section 6.36 shall not apply.
15.54.2.2.6 Notwithstanding the provisions of Section 6.2.6.i), central air
conditioners and heat pumps shall be permitted in the rear
yard, subject to a minimum setback of 4.5 metres from the
rear iot line.
15.54.2.2.7 Notwithstanding the definition contained within Section
3.124, on a corner lot where a 0.3 metre reserve abuts a
street, the exterior side yard shall be deemed to include the
0.3 metre reserve, for the purposes of calculating the
minimum exterior side yard requirements.
-16-
15.54.2.2.8 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 or the required exterior side yard, provided that no
part of the porch, including eaves, is located closer than 2.0
metres to the front lot line and 1.0 metres to the flankage lot
line. Steps may encroach into the required front yard or the
required exterior side yard provided they are not located any
closer than 0.6 metres to the lot line.
15.54.2.3 Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Interior Garage Width (maximum)
Floor Area (minimum)
55.0 percent
11.0 metres
6.0 metres
2.9 metres
4.0 metres
90.0 square metres
15.54.2.3.1 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. Further,
notwithstanding the provisions of Section 6.48, the maximum
projection of any bay window shall not exceed 0.5 metres
15.54.2.4 Parking
Notwithstanding the definition contained within Section 3.98
and the provisions of Section 6.26.1.2, 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, including that portion of the driveway that extends
beyond the lot. The required parking set aside for and
visibly identified as visitor's parking shall be nil.
15.54.2.4.1 Garage Setback
Notwithstanding the provisions of Section 6.26, the following
minimum garage setbacks shall apply:
Garage Setback (minimum)
-garage accessed by a single driveway
intersected by a sidewalk
-garage accessed by a single driveway
not intersected by a sidewalk
9.25 metres
6.0 metres
Notwitnstanding any other provisions iu ihe ~;unirary, a
single driveway shall be defined as a driveway less than 5.4
metres in width. The provisions of Section 6.28.1.1 shall also
apply.
15.54.2.5
15.54.3
-17-
Private Outdoor Living Area
Notwithstanding the provisions of Section 15.3.1.3, a screen
wall and/or fence with a minimum height of 1.83 metres and
a maximum height of 2.0 metres, shall be provided on either
side of the private outdoor living area to a minimum depth of
3.6 metres. All other provisions of Section 15.3 shall apply.
Holding Prefix
Notwithstanding the provisions of Section 15.54 above, while
the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H)R6-50, on Schedule "A" attached hereto, use
any lot or erect, alter or use any buildings or structures for
any purpose 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)R6-50, 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:
vii) The Region of York has confirmed that adequate
servicing capacity is available, and the Town of
Aurora has allocated such capacity;
viii) 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
ix) 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)R6-50, 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 15.54.1 and
15.54.2.
-18-
8) THAT Section 27.0 is hereby amended by adding to the following as
Section27.0.7 "Business Park Holding H(BP-3) Exception Zone":
27.0.7.1 USES PERMITTED
Principal Uses:
-convention centre
-data processing centre
-day nursery, day centre-adult, day center-intergenerational,
provided no part of the building is used for industrial uses or
warehouses
-fitness centre
-industrial use, if conducted within wholly enclosed
buildings
office
-park, public
-printing, media and communications establishment
-public authority
-research and training facility
-Notwithstanding the foregoing, uses including any of the
above which are or may become noxious are specifically
excluded.·
27.0.7.1.1 Accessory Uses:
27.0.7.1.1.1 Within a building in which the principal use is industrial:
-ancillary retail
-warehouse
27.0.7.1.1.2 Within a building in which the principal use is an office,
provided the accessory uses are designed as an integral
part of the building, are located internal to the building and
have the primary access from the lobby of the building:
-convenience retail store
-dry cleaning distribution depot
-personal service shop
-private club
-restaurant
27.0.7.2. ZONE REQUIREMENTS
27.0.7.2.1 Lot Specifications:
Lot Area (Minimum)
Lot Frontage (Minimum)
27.0.7.2.2 Siting Specifications:
-Yards adjacent to Wellington Street
(maximum)
Yards adjacent to Wellington Street
(minimum)
-Yards adjacent to any other street or
public highway (minimum)
-Yards adjacent to any Open Space
Zone (minimum)
-Other Yards (minimum)
3.0 hectares
150.0 metres
25.0 metres
6.0 metres
6.0 metres
10.0 metres
6.0 metres
-19-
27.0. 7.2.3 Building Specifications:
In accordance with Section 27.0.4.4, subject to ·a minimum
of two (2) storeys.
27.0.7.2.3.1 Building height for the purpose of this by-law shall not
include any mechanical penthouse, or, ornamental roof
structures, such as towers or other architectural features.
Any roof mounted mechanical penthouses shall be set back
a minimum of one (1) metre from the edge of the lower floor
below.
27.0.7.2.4 Landscape Requirements:
-adjacent to any lot line (minimum) 6.0 metres
-Any planting strips and planted parking islands within
parking lots shall have a minimum width of 2.0 metres
and a maximum width of 4.5 metres.
-Maximum fencing height shall not exceed 1.2 metres.
27.0.7.2.5 Loading Space Requirements:
In accordance with Section 27.0.4.5, with the following
additions:
-The required buffer strip shall contain suitable trees and
shrubs or other treatments to screen the loading areas
from Wellington Street and any other public streets or
highways.
27.0.7.2.6 Parking Requirements:
In accordance with Section 27.0.4.6 with following addition:
Parking shall not be permitted between any building
and the street line for a minimum of 50% of the
Wellington Street frontage.
9) THAT Section 28 is hereby amended by adding to the following as Section
28.17 "Institutional (1-18) Exception Zone":
SECTION 28.17 INSTITUTIONAL (1-18) EXCEPTION ZONE
Notwithstanding the permitted uses of Section 28.1, the lands shown
zoned 1-18 on Schedule "A" shall only be used for the following:
28.17.1
28.17.2.
USES PERMITTED
Gateway Entry Feature
The provisions of Section 28.2.1, 28.2.2, and 28.2.3 shall not
apply.
-20-
10) THAT Section 31 is hereby amended by adding to the following as Section
31.14 "Open Space (0-17) Exception Zone":
SECTION 31.14 OPEN SPACE (0-17) EXCEPTION ZONE
Notwithstanding the permitted uses of Section 31.1, the lands shown
zoned 0-17 on Schedule "A" shall only be used for the following:
31.14.1
31.14.1
USES PERMITTED
Notwithstanding the provisions of Section 31.1, the lands
shown zoned 0-17 on Schedule "A" shall only be used for:
-Private Landscaped Buffers
Zone Requirements
No buildings or structures shall be erected in this zone
whether or not accessory or ancillary to the uses permitted.
11) 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.
PURSUANT TO DECISION/ORDER NO. 0623 OF THE ONTARIO MUNICIPAL
BOARD ISSUED ON May14, 20031N BOARD CASE NO. PL-020168.
-21-
Explanatory Note
Re: Zoning By-law Number 4406-03.0
By-law 4406-03.D has the following purpose and effect:
To amend the provisions of the "Rural Zone" to "Detached Dwelling Second
Density Residential Holding (H)R2-76 Exception Zone", "Detached Dwelling
Second Density Residential Holding (H)R2-77 Exception Zone", "Detached
Dwelling Second Density Residential Holding (H)R2-78 Exception Zone",
"Detached Dwelling Second Density Residential Holding (H)R2-79 Exception
Zone", "Row Dwelling Residential Holding (H)R6-49 Exception Zone", "Row
Dwelling Residential Holding (H)R6-50 Exception Zone", "Major Open Space 0-9
Exception Zone", "Open Space 0-17 Exception Zone", "Environmental. Protection
EP-15 Exception Zone", "Institutional (1-18) Exception Zone", and "Business Park
Holding (H)BP-3 Zone" within By-law 2213-78, the Zoning By-law in effect in the
Town of Aurora, effecting lands identified as Part of Lots 24 and 25 Concession 2
E.Y.S.
The purpose of the zoning by-law amendment is to change the use of the lands
from Rural to Residential, Open Space, Environmental, and Business Park to
permit: single detached dwellings on lots with ranging from 10.7 metre to 16.8
metre frontage, row houses on lots with 6.0 metre frontage, open space to permit
storm water management ponds; environmental protection area to protect the
valley land and buffer area; and employment uses.
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(H)R2-7!l/ "-.(H)R2-76 WELLINGTON STREET EAST
THIS IS SCHEDULE "A" TO BY-LAW NO. 4406-03.D
Approved by the Ontario Municipal Board pursuant
to its Decision/Order No. 0623, issued on May 14, 2003
FILE NO: D14-16-01
LOCATION: PART OF LOT 21
CONCESSION 2
·.
ISSUE DATE:
May14, 2003
DECISION/ORDER NO:
0623
PL020168
Ontario Municipal Board
Commission des affaires municipales de I' Ontario
· Preserve Homes Inc. has appealed to the Ontario Municipal Board under subsection 51(34) of
the Planning Act, R.S.O. 1990, c. P.13, as amended, from the failure of the Town of Aurora to
make a decision respecting a proposed plan of subdivision on lands composed of Part of Lot 21,
Concession 2, E.Y.S. in the Town of Aurora
Town of Aurora File No. D12-01-5A
OMB File No. 5020016
Preserve Homes Inc. has appealed to the Ontario Municipal Board under subsection 34(11) of
the Planning Act, R.S.O. 1990; c. P.13, as amended, from Council's refusal or neglect to enact
a proposed amendment to Zoning By-law 2213-78 of the Town of Aurora to zone lands
comprised of Part of Lot 21, Concession 2, E.Y.S. from Rural (RU) zone to Detached Dwelling
Second De.nsity Residential Holding (H) R2-73 Exception zone, Detached Dwelling Second
Density Residential Holding (H) R2-* Exception zone, Detached Dwelling Second density
Residential Holding (H) R2-** Exception zone, Row Dwelling Residential Holding (H) R6-48
Exception zone, Row Dwelling Residential Holding (H) R6-* Exception zone, Row Dwelling
Residential Holding (H) R6-** Exception zone, Major Open Space (0-9) Exception zone, Major
Open Space (0-1"6) Exception zone, Environmental Protection (EP-15) Exception zone and
Business Park (BP) zone
O.M.B. File No. Z020022
APPEARANCES:
Parties
Town of Aurora
Region ofYork
(Not Pres~nt)
Preserve rlomes Inc.
CORP. SERVICES DEPT.
COPIES j;IRCULATED TO: h. E.........;...:0,2.'
Members of Council ~
C.A.O.
Director:{~~ rSI:ll!..
Other • O"fr,A!II)CU
c;.Q..o. C:. L 'fl:lll2.,. v
Counsel
I. J. Lord
C. Grant
R. Houser
v-!/a)6 zo'~. ,,t-
1 N ITif-LS ~._J __ __,IIA:r.. Jf1 .
AMENDING DECISION DELIVERED BY N. M. KATARY AND AND ORDER OF
THE BOARD
The Decision and Order of the Board dated April 16, 2003 and issued as
Decision/Order No. 0486 is hereby amended by replacing Exhibit 9 as attached to that
Decision and Order with a new Exhibit 9 appended hereto as Attachment "1 ".
, '
!:ll.bibit 9 (Revised)
OMB Case No. PL020168
Attachment "1" PL020168
ONTARIO MUNICIPAL BOARD
Preserve Homes Corporation has appealed to the Ontario Municipal Board under subsection
51(34)ofthe Planning Act, R.S.O. 1990, c. P. 13, as amended, from the fiillure of the Town of
Aurora to make a decision respecting a proposed plan of subdivision on lands composed of Part
ofLot 21, Concession 2, E. Y.S., in the Town of Aurora
Town of Aurora File No. D12-01-5A
OMB File No. S020016
Preserve Homes Corporation has appealed to the Ontario Municipal Board under subsection
34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council's refusal or neglect
to enact a proposed amendment to Zoning By-law 2213-78 of the Town of Aurora to zone lands
comprised of Part of Lot 21, Concession 2, E.Y.S. from Rural (RU) Zone to Detached Dwelling
Second Density Residential Holding (H) R2-73 Exception Zone, Detached Dwelling Second
Density Residential Holding (H) R2-* Exception Zone, Detached Dwelling Second Density
Residential Holding (H) R2-** Exception Zone, Row Dwelling Residential Holding (H) R6-48
Exception Zone, Row Dwelling Residential Holding (H) R6-* Exception Zone, Row Dwelling
Residential Holding (H) R6-** Exception Zone, Major Open Space (0-9) Exception Zone,
Major Open Space (0-16) Exception Zone, Environmental Protection (EP-15) Exception Zone
and Business Park (BP) Zone
OMB File No. Z020022
BEFORE:
N. Katary
Member
D. Tilson
Vice Chair
)
)
)
)
)
Monday, the 31 51 day ofMarch, 2003
THIS MATTER having come on for public hearing and having heard evidence from the Town
of Aurora (the "Town") on the consent of the parties;
THE BOARD ORDERS that the appeal by Preserve Homes Corporation, in respect of
Council's refusal or neglect to amend the Town's Zoning By-law 2213-78, as amended, is
allowed in part, and the said By-law is amended, as agreed, settled and filed as Exhibit 8
(Revised) and attached as Attachment "A" and forming part of this Order.
AND THE BOARD ORDERS that the appeal by Preserve Homes Corporation, in respect of
Draft Plan of Subdivision No. 19TA-01005, as agreed. settled and filed as Exhibit 6 (Revised)
and attached hereto as Attachment "B" and forming part of this Order, the Draft Plan of Subdivision is
hereby approved.