BYLAW - Rezoning Minto Amend Zoning - 20050629 - 468405DMinto Communities (Toronto) Inc.
The Corporation of the Town of Aurora
By-law Number 4684-05.0
BEING A BY-LAW to amend
By-law No. 2213-78, as
amended, being the Zoning
By-law of the Town of
Aurora.
(Part of Lot 23, Concession 2
E. Y.S., 014-12-04)
WHEREAS Section 34 of the Planning Act, R. S. 0. 1990, c.P. 13, as amended provides
that the Council of a local Municipality may pass a Zoning By-law;
AND WHEREAS the Council of the Corporation of the Town of Aurora enacted by-law
2213-78 being the Zoning By-law, as amended;
AND WHEREAS the Council of the Corporation of the Town of Aurora deems it
advisable to further amend By-law 2213-78, as amended;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
1. THAT the zoning category applying to the lands shown in hatching on Schedule
"A" attached hereto and forming part of this By-law, is hereby amended from
"Detached Dwelling Second Density Residential ((H)R2-73) Exception Zone" to
"Detached Dwelling Second Density Residential ((H)R2-74) Exception Zone".
2. THAT the zoning category applying to the lands shown in hatching on Schedule
"A" attached hereto and forming part of this By-law, is hereby amended from
"Detached Dwelling Second Density Residential ((H)R2-73) Exception Zone" to
"Detached Dwelling Second Density Residential ((H)R2-83) Exception Zone".
3. THAT the following be added as Section 11.85 "Detached Dwelling Second
Density Residential (R2-83) Exception Zone".
Section 11.85
(4684-05.D)
"DETACHED DWELLING SECOND DENSITY
RESIDENTIAL (R2-83) EXCEPTION ZONE"
11.85.1 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.
11.85.2 ZONE REQUIREMENTS
11.85.2.1 Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
11.85.2.2 Siting Specifications
Front Yard
-Main Building (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
-one side
600.0 square metres
20.0 metres
4.5 metres
6.0 metres
1.2 metres
-other side.
Exterior Side Yard (minimum)
-Main Building
----"------
0.6 metres
-Garage accessed over a flankage lot line
3.0 metres
6.0 metres
11.85.2.2.1 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.
11.85.2.2.2 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.
11.85.2.2.3 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.
11.85.2.2.4 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 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.
11.85.2.2.5 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.
11.85.2.2.6 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.
11.85.2.2. 7 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 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.
11.85.2.3 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
10.0 metres
100.0 square metres
11.85.2.3.1 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
11.85.2.4 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.
11.85.2.4.1 Garage Setback
11.85.3
Notwithstanding the prov1s1ons 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. Furthermore, the maximum driveway width shall be 10.0
metres if the lot frontage is 18.0 metre or greater, with the
exception that the maximum driveway width at the street line shall
not exceed 9.0 metres. The provisions of Section 6.28.1.i shall
also apply.
Holding Prefix
Notwithstanding the provisions of Section 11.85 above, while the
"(H)" Holding prefix is in place, no person shall within the lands
zoned (H)R2-83, 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 ofthe 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)R2-83, 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)R2-83, 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 11.85.1 and 11.85.2.
4. 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 AND SECOND TIME THIS 12th DAY OF JULY, 2005.
READ A THIRD TIME AND FINALLY PASSED 12th DAY OF JULY, 2005.
)
/
, TOWN CLERK
TOWN OF AURORA THIS IS SCHEDULE "A"
TO BY-LAW NO. 4684-05.D
.. E REGIONAL MUNICIPALITY OF YORK
LOCATION: Part Lot 23, Concession 2 E.Y.S. PASSED THIS l.l.. DAY
OF .Jru '( , 2005.
f}i(·)i:)i.i:\!)~~@':1 LANDS REZONED FROM "(H)R2-73" TO "(H)R2-74" m LANDS REZONED FROM "(H)R2-73" TO "(H)R2-83"
EP-15 RU
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1-15
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SCHEDULE "A" TO BY-LAW NO. 4684-0S.D
Explanatory Note
Re: Zoning By-law No.4684-05.D
By-law Number 4684-05.0 has the following purpose and effect:
To amend Zoning By-law 2213-78 to:
a. Revise the existing residential zone boundary resulting in:
i. An increase of 23 within the R2-74 zone;
ii. A decrease of 41 lots within the R2-73 zone; and
iii. The creation an R2 exception zone to provide for 19 lots having a
minimum of 20 metre (66 ft) frontage.
b. Permit a maximum garage and driveway width of 10 metres and a
maximum driveway width at street line of 9m for lots within the 20m
frontage R2-83 Exception zone. (This will permit the construction of
three car garages on these lots if desired)