BYLAW - Amend Zoning Ballymore - 20070626 - 492707DTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 4927-07.0
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 71, Concession 1, Bathurst Street and
Bloomington Road-Ballymore Building (Bathurst)
Corp-Files 014-04-04 and 012-04-1A)
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 categories applying to the lands shown in hatching on Schedule
"A" attached hereto and forming part of this By-law, are hereby amended from
"Rural (RU-ORM) Zone" to "Detached Dwelling First Density Residential (R1-40)
Exception Zone", "Detached Dwelling First Density Residential (R1-41) Exception
Zone", "Detached Dwelling Second Density Residential (R2-84) Exception Zone",
"Major Open Space (0-9) Exception Zone, "Detached Dwelling First Density
Residential Holding (H) R1-40 Exception Zone", "Detached Dwelling First Density
Residential Holding (H) R1-41 Exception Zone" and "Detached Dwelling Second
Density Residential and Holding (H) R2-84 Exception Zone".
2. THAT the following be added as Section 10.42 "Detached Dwelling First Density
Residential Holding (H) (R1-40) Exception Zone".
Section 10.42 "Detached Dwelling First Density Residential Holding (H)
(R1-40) Exception Zone" (4927 .07 .D)
10.42.1
10.42.2
1 0.42.2.1
Uses Permitted
-one detached dwelling per lot
- a home occupation
Zone Requirements
Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
2000 square metres
24.0 metres
3.
10.42.2.2
10.42.2.3
Siting Specifications
Front Yard (minimum)
-main building
-garage entry facing street
-garage side wall facing street
By-law Number 4927-07.0
Page 2 of9
6.0 metres
6.0 metres
4.5 metres
Rear Yard (minimum) 7.5 metres
Except that where lots abut the C.N.R. right-of-way the minimum
required rear yard setback shall be 30 metres.
Interior Side Yard (minimum) 2.0 metres
The provisions of Section 7.1.1 shall not apply.
Exterior Side Yard (minimum) 9.0 metres
-adjacent to Bathurst St. or Bloomington Rd W
Building Specifications
Floor Area (minimum)
-one (1) storey
-two (2) storey
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Lot Coverage (maximum)
120 square metres
140 square metres
6.0 metres
2.9 metres
35 percent
Notwithstanding any other provisions to the contrary, a minimum of
55% of the lot area shall be preserved in an open, landscaped or
natural condition and such required area shall not include any area
devoted to a swimming pool, accessory building, paved driveway,
patio or other area covered with impervious material.
Height (main building) (maximum) 11.0 metres
Notwithstanding the provisions of Section 6.28.1.i(c), the maximum
driveway width and the maximum driveway width at the street line
shall not exceed 10.0 metres. All other provisions of Section
6.28.1.i shall apply.
1 0.42.2.4 Parking
10.42.3
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.
Holding Prefix
Notwithstanding the provisions of Section 11.70 of By-law 2213-78,
while the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H) R1-40, 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
By-law Number 4927-07.D
Page 3 of 9
Prior to the passing of a by-law to remove the "(H)" Holding prefix
from the lands zoned (H) R1-40, or any part thereof, the Town of
Aurora shall be satisfied that the relevant provisions of the Official
Plan including Section 11.4.2 of Official Plan Amendment No. 34
have been complied with. In addition, to the foregoing, and priorto
the removal of the "(H)" Holding prefix, the following shall have be
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/or 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)
R1-40 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 1 0.42.
4 THAT the following be added as Section 10.43 "Detached Dwelling First Density
Residential Holding (H) (R1-41) Exception Zone".
Section 10.43 "Detached Dwelling First Density Residential Holding (H)
(R1-41) Exception Zone" (4927.07.D)
10.43.1
10.43.2
10.43.2.1
10.43.2.2
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
-garage entry facing street
-garage side wall facing street
Rear Yard (minimum)
4,000.0 square metres
30.0 metres
6.0 metres
6.0 metres
4.5 metres
35.0 metres
Notwithstanding the provisions of Section 3.79 Rear Lot Line, the
easterly lot line shall be deemed to be the rear lot line for the lot as
shown in hatching on Schedule "AA'! attached hereto.
5.
10.43.2.3
Interior Side Yard (minimum)
By-law Number 4927-07.0
Page 4 of 9
4.5 metres
Notwithstanding the above respecting rear and interior side yards,
a minimum setback of 35 metres shall be maintained from any lot
line adjacent to any existing Estate Residential Zone.
Notwithstanding the above, where a lot line abuts the C.N.R. right-
of-way the minimum required setback shall be 30 metres.
The provisions of Section 7.1.1 shall not apply.
Exterior Side Yard (minimum)
-main building
-garage entry facing street
-garage side wall facing street
Building Specifications
Floor Area (minimum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Lot Coverage (maximum)
4.5 metres
6.0 metres
4.5 metres
185 square metres
6.0 metres
2.9 metres
25.0 percent
Notwithstanding any other provisions to the contrary, a minimum of
70% of the lot area shall be preserved in an open, landscaped or
natural condition and such required area shall not include any area
devoted to a swimming pool, accessory building, paved driveway,
patio or other area covered with impervious material.
Height (main building) (maximum) 11.0 metres
Notwithstanding the provisions of Section 6.28.1.i (c) and (e), the
maximum driveway width and the maximum driveway width at the
street line shall not exceed 10.0 metres. All other provisions of
Section 6.28.1.i shall apply.
1 0.43.2.4 Parking
10.43.3
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
Holding Prefix
Notwithstanding the provisions of Section 11.70 of By-law 2213-78,
while the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H) R1-41, 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
By-law Number 4927-07.0
Page 5 of9
Prior to the passing of a by-law to remove the "(H)" Holding prefix
from the lands zoned (H) R1-41, or any part thereof, the Town of
Aurora shall be satisfied that the relevant provisions of the Official
Plan including Section 11.4.2 of Official Plan Amendment No. 34
have been complied with. In addition, to the foregoing, and prior to
the removal of the "(H)" Holding prefix, the following shall have be
complied with:
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/or 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)
R 1-41 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 1 0.43.
6. THAT the following be added as Section 11.86 "Detached Dwelling Second
Density Residential Holding (H)(R2-84) Exception Zone"
Section 11.86 "Detached Dwelling Second Density Residential Holding
(H) (R2-84) Exception Zone" (4927.07.D)
11.86.1
11.86.2
11.86.2.1
11.86.2.2
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
-garage entry facing street
-garage side wall facing street
750.0 square metres
24.0 metres
6.0 metres
6.0 metres
4.5 metres
Rear Yard (minimum) 7.5 metres
Except that where lots abut the C.N.R. right-of-way the minimum
required rear yard setback shall be 30 metres.
\ -~-
7.
11.86.2.3
Interior Side Yard (minimum)
By-law Number 4927-07.0
Page 6 of9
2.0 metres
The provisions of Section 7 .1.1 shall not apply.
Exterior Side Yard (minimum)
-main building
-garage entry facing street
-garage side wall facing street
Building Specifications
Floor Area (minimum)
-one (1) storey
-two (2) storey
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Lot Coverage (maximum)
4.5 metres
6.0 metres
4.5 metres
120 square metres
130 square metres
6.0 metres
2.9 metres
35 percent
Notwithstanding any other provisions to the contrary, a minimum of
50% of the lot area shall be preserved in an open, landscaped or
natural condition and such required area shall not include any area
devoted to a swimming pool, accessory building, paved driveway,
patio or other area covered with impervious material.
Height (main building) (maximum) 11.0 metres
Notwithstanding the provisions of Section 6.28.1.i (c) and (e), the
maximum driveway width and the maximum driveway width at the
street line shall not exceed 10.0 metres. All other provisions of
Section 6.28.1.i shall apply.
11.86.2.4 Parking
11.86.3
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.
Holding Prefix
Notwithstanding the provisions of Section 11 ,70 of By-law 2213-78,
while the "(H)" Holding prefix is in place, no person shall within the
lands zoned (H) R2-84, 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
By-law Number 4927-07.0
Page 7 of9
Prior to the passing of a by-law to remove the "(H)" Holding prefix
from the lands zoned (H) R2-84, or any part thereof, the Town of
Aurora shall be satisfied that the relevant provisions of the Official
Plan including Section 11.4.2 of Official Plan Amendment No. 34
have been complied with. In addition, to the foregoing, and prior to
the removal of the "(H)" Holding prefix, the following shall have be
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/or 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)
R2-84 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 11.86.
8. 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.
Jvhe_
READ A FIRST AND SECOND TIME THIS 26TH DAY OF .PiJIIii¥, 2007 .
.:::iu'r-.!1-
READ A THIRD TIME AND FINALLY PASSED 26TH DAY OF JtJisY, 2007.
PHYLLIS M. MORRIS, MAYOR
TOWN OF AURORA
THIS IS SCHEDULE "A"
THE REGIONAL MUNICIPALITY OF YORK TO BY-LAW NO. 4927-07.D
PASSED THIS ;){j DAY
;..OCATION: Part of Lot 71, Concession 1
OF J U 1-HC:( , 2007.
/
Bathurst Street and Bloomington Road
~ LANDS SUBJECT TO REZONING
~;;;;;;;;;;;;;; FROM "RU-ORM" TO "R1-40"
m"'T"T"T1 LANDS SUBJECT TO REZONING
LI.I.WI FROM "RU-ORM" TO "R 1-41"
~ LANDS SUBJECT TO REZONING
~ FROM "RU-ORM" TO "R2-84"
~ LANDS SUBJECT TO REZONING
liiaii.ii"ll FROM "RU-ORM" TO "'0-9"
1-20
BOB PANIZZA, CLERK
r'1"!"m LANDS SUBJECT TO REZONING
~ FROM "RU-ORM" TO "(H) R1-40"
~ LANDS SUBJECT TO REZONING
~FROM "RU-ORM" TO "(H) R1-41"
~LANDS SUBJECT TO REZONING
~ FROM "RU-ORM" TO "(H) R2-84"
ER-3
SCHEDULE "A" TO BY-LAW NO. 4927-07.0
TOWN OF AURORA
THIS IS SCHEDULE "AA"
THE REGIONAL MUNICIPALITY OF YORK TO BY-LAW NO. 4927-07.D
PASSED THIS k DAY
OF Ju f.IV , 2007.
· .• OCATION: Part of Lot 71, Concession 1
Bathurst Street and Bloomington Road
~~-
BOB PANIZZA, CLERK
~
PHYLLIS M. MORRIS, MAYOR
(::i'.',{?'='=l AS PER SECTION 10.43.2.2
RU:ORM--Railway/G0-Transit·tine tv -~ ~~ I \ l I ~ER-3 J (H) y ('i!) R2;84 ~ ~41~ I !II street 'A' ~~/ 0~ ~~ I~ .\ \~ 0 -9 o!
"t ~-J -, l {/ -r-I I ~2-~4 ~
1:Jl ~ R1-41 :r \ 1....., r-~---.J !" ........ } Street'C' ~ 'Cl R~ 8~ I I
.s lu \...._......-
1--:t::'-R1-40 "i ~\
"' w ~ cr !52 ,_ L I ,t/J ,_
I L Lsr,.eer,~ . . t/J 1-20 cr
R2-84 R ' .:.··,,:.,;,{,:/ ::> ·:r .t)J,~lfW ,_
,'<( ( f,J , __ /n -.. ER-3 ~
Cl) R1-40 0-9 r--, /
BLOOMINGro r INROAD
I ~n·of Rlci1mond'Hill I
SCHEDULE "AA" TO BY-LAW NO. 4927-07.0
Explanatory Note
Re: Zoning By-law No. 4927.07.D
By-law Number 4927-07.0
Page 9 of 9
By-law Number 4927.07.0 has the following purpose and effect:
To amend By-law 2213-78, as amended, the Zoning By-law in effect in the Town of
Aurora, to rezone the subject lands from "Rural (RU-ORM) Zone" to "Detached Dwelling
First Density Residential (R1-40) Exception Zone", "Detached Dwelling First Density
Residential (R 1-41) Exception Zone", "Detached Dwelling Second Density Residential
(R2-84) Exception Zone", "Major Open Space (0-9) Exception Zone, "Detached
Dwelling First Density Residential Holding (H) R1-40 Exception Zone", "Detached
Dwelling First Density Residential Holding (H) R1-41 Exception Zone" and "Detached
Dwelling Second Density Residential and Holding (H) R2-84 Exception Zone to permit
60 detached dwelling units.