BYLAW - ZBA14452 Yonge St Ballymore Building South Aurora - 20171128 - 602917The Corporation of the Town of Aurora
By-law Number 6029-17
Being a By-law to amend Zoning By-law Number 2213-78, as amended
(14452 Yonge Street - Ballymore Building (South Aurora) Corp.).
Whereas under section 34(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended,
zoning by-laws may be passed by the councils of local municipalities to prohibit and
regulate the use of land, buildings and structures;
And whereas on June 16, 1980, the Council of The Corporation of the Town (the "Town")
enacted By-law Number 2213-78, as amended, which By-law was appealed to and then
approved by the Ontario Municipal Board on August 22, 1983 (the "Zoning By-law");
And whereas the Council of the Town deems it necessary and expedient to further
amend the Zoning By-law;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts
as follows:
1. The Zoning By-law be and is hereby amended to replace the "Oak Ridges
Moraine Rural (RU-ORM) Zone" zoning category applying to the lands shown in
hatching on Schedule "A" attached hereto and forming part of this By-law with
"Detached Dwelling Second Density Residential (R2-126) Exception Zone",
"Major Open Space (0) Zone", "Major Open Space (0-22) Exception Zone", and
"Oak Ridges Moraine Environmental Protection (EP-ORM) Zone".
2. The Zoning By-law be and is hereby amended to add the following:
11.126 Detached Dwelling Second Density Residential (R2-126)
Exception Zone
11.126.1 Uses Permitted
- one detached dwelling per lot
- a home occupation
11.126.2 Zone Requirements
11.126.2.1 Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
300.0 square metres
9.0 metres
11.126.2.1.1 Notwithstanding Section 3.69, a lot shall mean the whole of one
parcel of tied land fronting on a private right-of-way as shown on a
registered plan of condominium pursuant to the Condominium Act,
1998.
11.126.2.1.2 Notwithstanding Section 3.123, a street or road, public shall also
include a private right-of-way on a registered plan of condominium
pursuant to the Condominium Act, 1998.
By-law Number 6029-17 Page 2 of 5
11.126.2.2 Siting Specifications
Front Yard (minimum)
- Main Building 4.5 metres
- Garage 6.0 metres
Rear Yard (minimum) 7.5 metres
Interior Side Yard (minimum)
- one side 1.2 metres
- other side 0.6 metres
Exterior Side Yard (minimum)
- Main Building 3.0 metres
- Garage 6.0 metres
Lot Coverage (maximum) 40 percent
Notwithstanding any other provisions to the contrary, the habitable
ground floor front wall or porch shall be either flush with, or project
in front of the garage with the exception of corner lots, where the
garage is permitted to project a maximum of 1.7 metres from the
habitable ground floor front wall.
11.126.2.3 Daylighting Triangle
Notwithstanding any other provisions to the contrary, on a corner lot
where a daylighting triangle forms part of a private right-of-way, 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.
11.126.2.4 Yard Exemption and Setback Encroachments Permitted
11.126.2.4.1 Notwithstanding the provisions of Section 6.48.1, open -sided roofed
porches, balconies, uncovered terraces, patios and decks not
exceeding 3.0 metres above grade with or without foundation may
project a maximum of 2.0 metres into the required front and exterior
side yards provided that no part of the porch is located closer than
2.0 metres from the front lot line. Steps may encroach into the
required front yard provided they are not located any closer than
1.0 metres from the front and exterior side lot lines.
11.126.2.4.2 Notwithstanding the provisions of 6.48.1, a bay, bow, or box out
window with or without a foundation below not exceeding 4.5
metres in width may project 0.6 metres into the required front
exterior and rear yards.
11.126.2.4.3 Notwithstanding the provisions of Section 6.48.1, sills, belt courses,
By-law Number 6029-17
Page 3 of 5
cornices, gutters, chimneys, pilasters, eaves parapets or canopies
may project 0.3 metres into all required yards and in no case shall
be closer than 0.3 metres to any property line.
11.126.2.4.4 Provisions of Section 6.2.6 (i) and (ii) with respect to central air
conditioners and heat pumps shall not apply.
11.126.2.5 Building Specifications
Height (maximum) 11.0 metres
Interior Garage Length (minimum) 6.0 metres
Interior Garage Width (minimum) 2.9 metres
11.126.2.5.1 Interior garage steps shall not encroach into the minimum required
parking space of 2.7 metres by 5.3 metres.
11.126.2.6 Parking
Notwithstanding the definition contained within Section 3.98 and the
provisions of Section 6.26.1.1, the following minimum parking
standards shall apply:
A minimum of two (2) parking spaces shall be provided, of which a
minimum of one (1) parking space shall be provided within a private
parking garage.
11.126.2.7 Landscape Specifications
Notwithstanding any other provisions to the contrary, a minimum of
40 percent of the lot area shall be preserved in an open,
landscaped or natural condition. This 40 percent shall not include
accessory buildings or structures, paved driveways, pools, patios or
any other area covered with impervious material."
3. This By-law shall come into full force subject to compliance with the provisions of
the Planning Act, R.S.O. 1990, c. P. 13, as amended, and subject to compliance
with such provisions, this By-law will take effect from the date of final passage
hereof.
Enacted by Town of Aurora Council this 28th day of November, 2017.
011
r - Dawe, Mayor
k 4
Mic ael de Rond, Town Clerk
By-law Number 6029-17 Page 4 of 5
Explanatory Note
Re: Zoning By-law Number 6029-17
By-law Number 6029-17 has the following purpose and effect:
To amend By-law Number 2213-78, as amended, being the Zoning By-law in effect in
the Town of Aurora, to rezone the subject lands from the "Oak Ridges Moraine Rural
(RU-ORM) Zone" zoning category applying to the lands shown in hatching on Schedule
"A" attached hereto and forming part of this By-law with "Detached Dwelling Second
Density Residential (R2-126) Exception Zone", "Major Open Space (0) Zone", "Major
Open Space (0-22) Exception Zone", and "Oak Ridges Moraine Environmental
Protection (EP-ORM) Zone".
The rezoning will permit 40 single detached residential units on 8.10 hectares of land.
By-law Number 6029-17 Page 5 of 5
Schedule "A"
Location: Part of Lot 75, Concession 1, King, Parts 1, 2 and 9 on 65R-36121,
Town of Aurora, Regional Municipality of York
Lands rezoned from "Oak Ridges Moraine Rural (RU-ORM)
Zone" to "Detached Dwelling Second Density Residential (R2-
�� 126) Exception Zone", "Major Open Space (0) Zone", "Major
Open Space (0-22) Exception Zone", and "Oak Ridges
Moraine Environmental Protection (EP-ORM) Zone".