BYLAW - LPAT ZBA 5 to 35 Furbacher Lane - 20190916 - 620719The Corporation of the Town of Aurora
By-law Number 6207-19
Being a By-law to amend By-law Number 6000-17, as amended,
respecting the lands municipally known as 5-35 Furbacher Lane.
Whereas under section 34(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended
(the “Planning Act”), 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 27, 2017, the Council of The Corporation of the Town enacted By-
law Number 6000-17, as amended (the “Zoning By-law”), which Zoning By-law was
appealed to the Ontario Municipal Board (the “OMB”);
And whereas on January 29, 2018, the OMB made an order, in accordance with
subsection 34(31) of the Act, providing that any part of the by-law not in issue in the
appeal shall be deemed to have come into force on the day the by-law was passed;
And whereas the OMB is continued under the name Local Planning Appeal Tribunal
(the “LPAT”), and any reference to the Ontario Municipal Board or the OMB is deemed
to be a reference to the LPAT;
And whereas on September 16, 2019, the LPAT issued a Memorandum of Oral Decision
and Order, under OMB Case No. PL170863 (the “Order”) approving an amendment to the
Zoning By-law respecting the lands municipally known as 5-35 Furbacher Lane, following
an appeal pursuant to section 34(19) of the Planning Act;
Now therefore the Zoning By-law is amended by the Local Planning Appeal Tribunal
as follows:
1. The Zoning By-law be and is hereby amended to replace the “Service
Employment (E1) Zone” and “Service Employment (E1-100) Exception Zone”
zoning categories applying to the lands shown on Schedule “A” attached hereto
and forming part of this By-law with “Service Employment (E1-100) Exception
Zone”.
2. The Zoning By-law be and is hereby amended to add the following:
Parent Zone: E1
Exception No.: (100)
Map: Schedule “A”,
Map No. 5
Previous Zone:
M1-5
Previous By-laws:
3077-89
Municipal Address: 5-35 Furbacher Lane
Legal Description: Part of Lot 55 Registrar’s Compiled Plan 10328, designated as
Parts 1 and 2 on Plan 65R-14750
24.100.1 Permitted Uses
In addition to the Service Employment (E1) uses of this by-law, the following uses are
permitted:
Contractor’s Establishments
By-law Number 6207-19 Page 2 of 3
Restaurants, provided that the total gross floor area of all restaurants does not
exceed 800 square metres and shall only be permitted within 51 metres of the
front lot line adjacent Engelhard Drive
Wholesale Establishments
Custom Workshop
24.100.2 Definitions
Contractor’s Establishments
means a building or part thereof used as the base of operations of a trades person or
contractor and, for the purposes of this by-law, may include a heating and air
conditioning contractor, a plumbing contractor, and an antique and/or furniture
restoration establishment.
Wholesale Establishments
means a building or part thereof used for a business primarily engaged in the
purchase, sale and distribution of goods, merchandise or commodities to users other
than member of the public.
Customer Workshop
means a building or potion of a building used by a trade, craft or guild for the
manufacture in small quantities of custom-made goods or articles, using techniques
that do not involve mass production, including the sale of such products at retail.
3. This by-law shall come into full force subject to compliance with the provisions of
the Planning Act and subject to compliance with such provisions, this by-law will
take effect from the date of the Order.
Pursuant to the Order of the Local Planning Appeal Tribunal issued on the 16th
day of September, 2019, under OMB Case No. PL170863.
By-law Number 6207-19 Page 3 of 3
Schedule “A”
Location: Part of Lot 55 Registrar’s Compiled Plan 10328, designated as
Parts 1 and 2 on Plan 65R-14750, Town of Aurora, Regional
Municipality of York
Lands rezoned from “Service Employment (E1) Zone” and “Service
Employment (E1-100) Exception Zone” to “Service Employment
(E1-100) Exception Zone”.