BYLAW - ZBA (230 Wellington St E) - 20090428 - 513009THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5130-09
BEING A BY-LAW to amend
Zoning By-law No. 2213-78, as
amended (230 Wellington
Street East).
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended,
provides that the councils of local municipalities may pass zoning by-laws;
AND WHEREAS the Council of The Corporation of the Town of Aurora enacted By-
law 2213-78, including amendments thereto (hereinafter the "Zoning By-law");
AND WHEREAS the Council of The Corporation of the Town of Aurora deems it
necessary and expedient to amend the Zoning By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
1. THAT the Zoning By-law be and is hereby amended to replace the "Rural (RU)
Zone" zoning category applying to the lands shown in hatching on Schedule
"A" attached hereto and forming part of this By-law with "Service Commercial
(C3-17) Exception Zone (Urban)" and "Restricted lndl,lstrial (M1-16) Exception
Zone".
2. THAT the Zoning By-law be and is hereby amended to add the following:
22.17 SERVICE COMMERCIAL (C3-17) EXCEPTION ZONE
22.17.1 Uses Permitted
-Animal hospitals
-Commercial schools
-Convenience retail stores
Day care centres
Dry cleaner's distribution depots
Dry cleaning establishments
Restaurants and take-out restaurants (excluding drive-thru
restaurants)
Specialty food store having a maximum gross floor area of
700m2
Definitions:
Notwithstanding any prov1s1ons to the contrary, for the
purposes of the lands subject to By-law 5130-09, the following
definition shall apply:
22.17.2
Speciality Food Store:
Specialty Food Store means a premises where food products
having a common theme such as, but not limited to, a meat
shop, cheese shop, fish shop, fresh produce store, bakery shop,
delicatessen, health food store, frozen foods, or combination
thereof, are sold or offered for sale at retail.
Zone Requirements
By-law 5130-09
22.17.2.1
22.17.2.2
22.17.2.3
22.17.3
22.17.4
22.17.5
Page 2 of5
Notwithstanding any other prov1s1ons to the contrary, the lot
specifications and siting specifications shall be applied to the
entire lands zoned the C3-17 and M1-16.
Lot Specifications
Lot Area (minimum):
Lot Frontage (minimum):
Siting Specifications
Front Yard (minimum)
Rear Yard (minimum)
West Side Yard (minimum)
East Side Yard (minimum)
10,000.0 sq.m.
30.0 metres
6.0 metres
7.5 metres
3.0 metres
15.0 metres
Notwithstanding the provisions of Section 6.48.1, steps shall be
permitted to encroach into the minimum required front yard and
side yard setbacks and the minimum required distance
separation from the front and side lot lines shall be nil.
Notwithstanding the provisions of Section 6.48.1, a restaurant
patio shall be permitted to encroach into the minimum required
front yard setback and the minimum required distance separation
from the front lot line shall be nil.
Building Specifications
Lot Coverage (maximum)
Height (maximum)
35.0 percent
11.0 metres
Notwithstanding any provisions to the contrary, for the purposes
of the C3-17 Zone, the total lot area as per Section 22.17.2 shall
be used for calculating the Lot Coverage.
Loading Spaces
Notwithstanding the provisions of Section 19.2.1, the minimum
number of loading spaces required shall be two (2).
Buffer Strip
Notwithstanding the provisions of Section 6.31.2(ii), where the
.lands abut a residential use along the east property line, a
continuous buffer strip shall not be required, however all other
provisions of Section 6.31 shall apply.
Parking
The parking areas provided in the lands zoned C3-17 and M1-16
shall be used collectively.
By-law 5130-09 Page 3 of5
25.4.18 RESTRICTED INDUSTRIAL (M1-16) EXCEPTION ZONE
25.4.18.1 Uses Permitted
Business and Professional Offices, excluding medical
25.4.18.1.1 Accessory Uses:
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
Restaurant having a maximum gross floor area of 400 m2
25.4.18.1.2 Definitions:
25.4.18.2
Notwithstanding any provisions to the contrary, for the purposes
of the lands subject to By-law 5130-09, the following definition
shall apply:
Floor Area, Gross Leasable:
Means the gross floor area measured between interior faces of
any exterior or interior walls of the building or structure, exclusive
of th.e following areas:
i) any service room, or enclosed area that is used exclusively
for the accommodation of heating, cooling, ventilation,
electrical, mechanical or telecommunications equipment, or
maintenance facilities that services the building or structure;
ii) any part of the building or structure that is used as loading or
parking area;
iii) any part of the building or structure used exclusively as
common areas, for the purpose of pedestrian circulation
between occupancies.
Zone Requirements
In accordance with Section 22.17.2
25.4.18.2.1 Lot Specifications
In accordance with Section 22.17.2.1
25.4.18.2.2 Siting Specifications
In accordance with Section 22.17.2.2
25.4.18.2.3 Building Specifications
25.4.18.3
Lot Coverage (maximum)
Height (maximum)
35.0 percent
16.0 metres
Notwithstanding any provisions to the contrary, for the purposes
of the M1-16 Zone, the total lot area as per Section 25.4.18.2
shall be used for calculating the Lot Coverage.
Loading Spaces
By-law 5130-09
25.4.18.4
Page 4 of5
Notwithstanding the provisions of Section 24.2.4 the minimum
number of loading spaces required shall be one (1 ).
Parking
Notwithstanding any prov1s1ons of Section 6.26.1.4, for the
purposes of the M1-16 Zone, the parking requirement for the
office building shall be a minimum of 3.3 spaces per 90 sq.m of
gross leasable floor area and shall not include any basement
floor area that is exclusively used for storage.
The parking areas provided in the lands zoned C3-17 and M1-16
shall be used collectively. "
3. THAT the provisions of this By-law shall come into force and take effect upon third
reading subject to compliance with the provisions of the Planning Act, R.S.O. 1990, c.
P.13, as amended.
READ A FIRST AND SECOND TIME THIS 28th DAY OF APRIL, 2009.
READ A THIRD TIME AND FINALLY PASSED 28th DAY OF APRIL, 2009
~0
PHYLLIS M. MORRIS, MAYOR
LUCILLE Kl , TOWN CLERK
By-law 5130-09 Page 5 of5
Explanatory Note
Re: Zoning By-law No. 5130-09
By-law Number 5130-09 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) Zone" to "Service Commercial
(C3-17) Exception Zone (Urban)" and "Restricted Industrial (M1-16) Exception Zone"
to permit a commercial and office development.
OWN OF AURORA
HE REGIONAL MUNICIPALITY OF YORK
OCA TION: Part Lots 3 to 11, Part of Reserve,
Centre Street, Park Street, Plan 231
230 Wellington Street East
THIS IS SCHEDULE "A"
TO BY-LAW NO. 5130-09
PASSED THIS 'lil"t"DAY
LUCILLE KlNG, WN CLERK
LANDS SUBJECT TO REZONING FROM "RURAL GENERAL
ZONE (RU)" TO "SERVICE COMMERCIAL EXCEPTION ZONE (C3-17)"
LANDS SUBJECT TO REZONING FROM "RURAL GENERAL
ZONE (RU)" TO "RESTRICTED INDUSTRIAL EXCEPTION ZONE (M1·16)"
M2 M1-7
M2 0-9
1-23
M1-A EP
C4-5
C5-3 M1 C3-6 C3-13
SCHEDULE "A" TO BY-LAW NO. 5130-09