BYLAW - OLT ZBA 45TylerSt (Amend 600017) - 20211217 - 644622The Corporation of the Town of Aurora
By-law Number 6446-22
Being a By-law to amend By-law Number 6000-17, as amended,
respecting the lands municipally known as 45 Tyler Street (Charlieville
Developments Limited).
Whereas under section 34 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 of Aurora (the
“Town”) enacted By-law Number 6000-17 (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 Planning Act, providing that any part of the Zoning By-law not
in issue in the appeal shall be deemed to have come into force on the day the Zoning
By-law was passed;
And whereas the OMB and the Local Planning Appeal Tribunal (the “LPAT”) is continued
under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario
Municipal Board or OMB or Local Planning Appeal Tribunal or LPAT is deemed to be a
reference to the Tribunal;
And whereas on December 17, 2021, the Tribunal issued a Memorandum of Oral Decision
and Order, under OLT Case No. PL171423 (the “Order”) approving an amendment to the
Zoning By-law respecting the lands municipally known as 45 Tyler Street, following an
appeal pursuant to section 34(11) of the Planning Act;
Now therefore the Zoning By-law is amended by the Ontario Land Tribunal as follows:
1. The Zoning By-law be and is hereby amended to replace the “General
Employment E2 Zone” and “Environmental Protection Zone” categories applying
to the lands shown in hatching on Schedule “A” attached hereto and forming part
of this By-law with “Townhouse Dwelling Residential R8(541) Exception Zone”
and “Environmental Protection EP Zone”.
2. The Zoning By-law be and is hereby amended to add the following:
“24.541 Townhouse Dwelling Residential R8(541) Exception Zone
Parent Zone: R8
Exception No.: 541
Map: 4
Previous Zone:
E2 and EP
Previous By-laws:
Municipal Address: 45 Tyler Street
Legal Description: Lot 26 and Part of Lots 24, 25 and 27, Registered Plan 9
24.541.1 Permitted Uses
Only the following uses are permitted:
• Dwelling, Townhouse
By-law Number 6446-22 Page 2 of 4
• Dwelling, Second Suite
• Home Occupation
24.541.2 Zone Requirements
Notwithstanding, the definition of Lot in Section 3 of this By-law, for the purposes of
this zone category a lot shall be deemed to mean the whole of one Lot fronting on a
private right-of-way as shown on a registered plan of condominium pursuant to the
Condominium Act, 1998 and the yard requirements and other provisions of the by-law
shall be applied to each unit situated on each individual lot.
In addition to the definition of a Street or Road, Public, for the purposes of this zone
category a public street or road shall also include a private right-of-way as shown on a
registered plan of condominium pursuant to the Condominium Act, 1998.
For the purpose of this zone category the Lot Line along a private right-of-way as
shown on a registered plan of condominium pursuant to the Condominium Act, 1998
is deemed to be the Lot Frontage.
For the purpose of measuring front and exterior side yard setbacks on corner lots with
rounding’s and daylighting triangles, the property line shall be deemed to be the
extension of the front and exterior side yard lot lines to the point of intersection.
24.541.2.1 Lot Specifications
Lot Area (minimum) 137.5 square metres
Lot Frontage (minimum) • 5.5 metres (interior units)
• 7.0 metres (end units)
Front Yard (minimum) 6.0 metres
Rear Yard (minimum) 6.4 metres
Exterior Side Yard 1. 5 metres
24.541.2.2 Building Specifications
Height (maximum) 11.5 metres
24.541.3 Encroachments
Structure or Feature Applicable Yard Maximum Encroachment
into a Minimum Yard
Open porches, uncovered
terraces and decks
(5.0 m in height or less)
Front and Exterior Side
Yard
3.0 metre
In no case shall be closer
than 3.0 m to a front lot
line and 1.0 m to an
exterior lot line
Interior Side Yards 1.0 metre
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 final passage hereof.
Pursuant to the Order of the Ontario Land Tribunal issued on the 17th day of December,
2021, under OLT Case No. PL171423.
By-law Number 6446-22 Page 3 of 4
Explanatory Note
Re: By-law Number 6446-22
By-law Number 6446-22 has the following purpose and effect:
To amend By-law Number 6000-17, as amended, the Zoning By-law in effect in the Town
of Aurora, to rezone the subject lands from General Employment E2 Zone” and
“Environmental Protection Zone” to “Townhouse Dwelling Residential R8(541) Exception
Zone” and “Environmental Protection EP Zone”.
The rezoning will permit a draft plan of subdivision with a total of up to 70 townhouse
dwelling units and open space blocks.
By-law Number 6446-22 Page 4 of 4
Schedule “A”
Location: Lot 26 and Part of Lots 24, 25 and 27, Registered Plan 9, Town of
Aurora, Regional Municipality of York
Lands rezoned from “General Employment E2 Zone” and
“Environmental Protection Zone” to “Townhouse Dwelling
Residential R8(541) Exception Zone” and “Environmental Protection
EP Zone”.