BYLAW - ZBA MI Developments - 20071127 - 494407DMl Developments Inc.
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4944-07.0
BEING A BY-LAW to amend By-law
No. 2213-78, as amended, being the
Zoning By-law of the Town of
Aurora.
(Part Lot 21, Concession 2 EYS,
File: D14-03-06)
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
"Rural General (RU) Zone" to "ROW Dwelling Residential Holding (H}R6-53
Exception Zone", "ROW Dwelling Residential Holding (H}R6-54 Exception Zone",
"Environmental Protection (EP-15) Exception Zone", and "Major Open Space (0-
9) Exception Zone".
2. THAT the following be added as Section 15.57 "ROW Dwelling Residential
Holding (H)R6-53 Exception Zone".
Section 15.57 ROW DWELLING RESIDENTIAL HOLDING (H)R6-53
EXCEPTION ZONE
(4944-07.0)
15.57.1 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
15.57.2 Zone Requirements
15.57 .2.1 Lot Specifications
Lot Area per dwelling unit (minimum)
Lot Frontage per dwelling unit (minimum)
15.57.2.2 Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
Interior Side Yard (minimum)
Exterior Side Yard (minimum)
185.0 metres 2
6.0 metres
4.5 metres
6,5 metres
1.5 metres
3.0 metres
Notwithstanding the above, the minimum required rear yard setback
for the easterly end unit in Block 7 shall be 5.3 metres.
15.57.2.2.1 Notwithstanding the above, the minimum required setback from the
common lot line between attached units shall be nil for the main
building and garage.
15.57.2.2.2 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
15.57.2.2.3 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 metres to
the flanka9e 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.
15.57.2.2.4 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.
15.57.2.2.5 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.
15.57 .2.2.6 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.
15.57.2.2.7 Section 6.36 shall not apply.
15.57.2.2.8 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.
15.57 .2.3 Building Specifications
Lot Coverage (maximum)
Height (main building) (maximum)
Interior Garage Length (minimum)
Interior Garage Width (minimum)
Floor Area (minimum)
60.0 percent
12.2 metres
6.0 metres
2.9 metres
75.0 metres 2
15.57.2.3.1 Notwithstanding the definition contained within Section 3.72, 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
15.57.2.4 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 per unit, of which a minimum of one (1)
parking space shall be provided within a private garage 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.
15.57 .2.4.1 Garage Setback
15.57.2.5
15.57.2.6
15.57.3
15.57.3.1
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
-garage accessed by a single driveway
not intersected by a sidewalk
9.45 metres
6.0 metres
The provisions of Section 6.28.1.i shall also apply.
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.
General
No more than seven (7) units of row housing shall be attached in a
continuous row in any row development.
Holding Prefix
Notwithstanding the provisions of Section 15.57 above, while the
"(H)" Holding prefix is in place, no person shall within the lands
zoned (H)R6-53, 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 ofthe 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)R6-53, 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) York Region has advised in writing that it is no earlier than
six (6) months prior to the expected completion of the 16th
Avenue Phase 2 Trunk Sewer, the 19th Avenue Interceptor
Trunk Sewer, the Lower Leslie Street Trunk Sewer, the
Aurora/Newmarket Feedermain, the Newmarket EO Tank,
the Aurora EO Tank; or
ii) The Town of Aurora approves a transfer of serv1c1ng
allocation to this development that is not dependent upon the
construction of infrastructure; or,
iii) The Regional Commissioner of Transportation and Works
confirms servicing capacity for this development by a suitable
alternative method and the Town of Aurora allocates
sufficient capacity to this development.
15.57.3.2 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;
11.57.3.3 The Town of Aurora is satisfied that all necessary approvals have
been received from all other relevant agencies and government
bodies;
11.57.3.4 The Town of Aurora is satisfied that the proposed plan of
subdivision complies with the relevant policies of the Bayview
Northeast Secondary Plan (OPA # 30) and 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)R6-53 on Schedule "A" attached hereto pursuant to Section 36 of
the Planning Act, RSO 1990, or a successor thereto, the provisions
applicable to the said lands shall be as set out in Section 15.57.
3. THAT the following be added as Section 15.58 "ROW Dwelling Residential
Holding (H)R6-54 Exception Zone".
Section 15.58. ROW DWELLING RESIDENTIAL HOLDING (H)R6-54
EXCEPTION ZONE
(4944-07.D)
15.58.1
15.58.2
15.58.2.1
15.58.2.2
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)
Lot Frontage per dwelling unit (minimum)
Siting Specifications
250.0 metres 2
6.0 metres
Notwithstanding any other provisions to the contrary, Wellington
Street East or a reserve abutting Wellington Street East shall be
deemed to be the front lot line.
Front Yard (minimum)
Rear Yard (minimum)
-Main Building
Interior Side Yard (minimum)
8.0 metres
15.0 metres
-Main Building 1.5 metres
Exterior Side Yard (minimum)
-Main Building 3.0 metres
Distance Separation (minimum)
-between Main Building and Detached Garage 6.0 metres
15.58.2.2.1 Notwithstanding the above, the minimum required setback from the
common lot line between attached units shall be nil for the main
building.
15.58.2.2.2 Notwithstanding the above, the minimum setback requirements for
detached garages shall be provided in accordance with Schedule
"A1 ",attached hereto and forming part of this By-law.
15.58.2.2.3 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.
15.58.2.2.4 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 or
the required exterior side yard, provided that no part of the porch is
located closer than 6.0 metres to the front lot line and 1.0 metre 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 5.0 metres to the front lot line and 0.6 metres to the
flankage lot line.
15.58.2.2.5 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, the rear lot line and the front lot line
shall be deemed to be the continued projection of the flankage lot
line and the rear lot line or the front lot line to a point of intersection,
for the purposes of calculating the required minimum rear yard, front
yard and 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.
15.58.2.2.6 Section 6.36 shall not apply.
15.58.2.2.7 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 13.5 metres from the rear lot line.
15.58.2.3 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
11.0 metres
6.0 metres
2.9 metres
6.0 metres
75.0 metres 2
15.58.2.3.1 Notwithstanding the definition contained within Section 3.72, 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
15.58.2.3.2 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.
15.58.2.3.3 Section 7.5 shall not apply.
15.58.2.4
15.58.2.5
15.58.2.6
15.58.3
15.58.3.1
Parking
Notwithstanding the definition contained within Section 3.98 and the
provisions of Section 6.26.1.2, the location of external parking
spaces including that portion of the driveway that extends beyond
the lot shall be in accordance with Schedule "A1", attached hereto
and forming part of this By-law. The required parking set aside for
and visibly identified as visitor's parking shall be nil.
Notwithstanding the provisions of Section 6.28.1.i.a, end units shall
be permitted a maximum driveway width of 6.0 metres.
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.
General
No more than six (6) units of row housing shall be attached in a
continuous row in any row development.
Holding Prefix
Notwithstanding the provisions of Section 15.58 above, while the
"(H)" Holding prefix is in place, no person shall within the lands
zoned (H)R6-54, 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)R6-54, 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)
v)
York Region has advised in writing that it is no earlier than
six (6) months prior to the expected completion of the 16th
Avenue Phase 2 Trunk Sewer, the 19th Avenue Interceptor
Trunk Sewer, the Lower Leslie Street Trunk Sewer, the
Aurora/Newmarket Feedermain, the Newmarket EQ Tank,
the Aurora EQ Tank; or
The Town of Aurora approves a transfer of serv1c1ng
allocation to this development that is not dependent upon the
construction of infrastructure; or,
vi) The Regional Commissioner of Transportation and Works
confirms servicing capacity for this development by a suitable
alternative method and the Town of Aurora allocates
sufficient capacity to this development.
15.58.3.2 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;
11.58.3.3 The Town of Aurora is satisfied that all necessary approvals have
been received from all other relevant agencies and government
bodies;
11.58.3.4 The Town of Aurora is satisfied that the proposed plan of
subdivision complies with the relevant policies of the Bayview
Northeast Secondary Plan (OPA # 30) and 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)R6-54 on Schedule "A" attached hereto pursuant to Section 36 of
the Planning Act, RSO 1990, or a successor thereto, the provisions
applicable to the said lands shall be as set out in Section 15.58.
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 27TH DAY OF NOVEMBER, 2007.
READ A THIRD TIME AND FINALLY PASSED THIS 27TH DAY OF NOVEMBER, 2007.
B. PA:NICIPAL CLERK
---·· .. : _ _; __ _,_
TOWN OF AURORA
THIS IS SCHEDULE "A1"
THE REGIONAL MUNICIPALITY OF YORK TO BY-LAW NO. 4944-07.D
PASSED THIS a DAY
OF~6,L2001. _..JCATION: PART OF LOT 21, CONCESSION 2
B~~.CLERK
PHYLLIS M. MORRIS, MAYOR
,., \f REQUIRED PARKING SPACE
v
STREET
~~'"' ----... ___ ,., ..... --
-. ····--.. e>s;e~=~r=;}, -· .. I I -).L_J~.-=: -__ -
------· ---
/ NV lr ~~~ytlli\/'~I~Er7'7~ \v,~~~~i ~17\rt~v\~ Gi w \l \'1 Vivl ll IT·-l "' ' f--I I I ' q:r-\7 \7 I / Y "' v v I
2.0 1--o.r V ! \/ i I I fs ----;:; [xt. • I 1 V~ ?lint 1 2.6 f2.6 1'-' I 2.6 I
r !7' I !7' !"' r r 1 r
WELLINGTON STREET FRONTAGE
Exterior Side Lot Line
WELLINGTON STREET FRONTAGE
Interior Side Lot Line
w
0
iiiw
"'~ o--'
fi'f--wo f----' ~
r-
SCHEDULE "A1" TO BY-LAW NO. 4944-07.0
TOWN OF AURORA
THIS IS SCHEDULE "A"
THE REGIONAL MUNICIPALITY OF YORK TO BY-LAW NO. 4944-07.D
· _.;~CATION: PART OF LOT 21, CONCESSION 2
~ LANDS SUBJECT TO REZONING
~ FROM "RU" TO "(H) R6-54"
~ LANDS SUBJECT TO REZONING
~ FROM "RU" TO "(H) R6-53"
: J_
PASSED THIS 9."1 DAY
OF tJ0~2007.
PHYLLIS M. MORRIS, MAYOR
~ LANDS SUBJECT TO REZONING
~ FROM "RU" TO "EP-15"
mm LANDS SUBJECT TO REZONING
tttttl FROM "RU" TO "0-9"
-·~~'"' c-~c~ c,ec[,i,,~:;'f,\''' ~N
i.[I'J'"Ofl/1 .IIC',' .. · •:-~>1'.) ,;~ Y,,·~L-':A~;
' ···----···· --·-········· I/ :' ':
'
--~---.\ ,· y·
'·-----····
SCHEDULE "A" TO BY-LAW NO. 4944-07.0