BYLAW - Amend 600017 5-70 Archerhill Court (ZBA202106) - 20230523 - 6501-23The Corporation of the Town of Aurora
By-law Number 6501-23
Being a By-law to amend By-law Number 6000-17, as amended,
respecting the lands municipally known as 5 to 70 Archerhill Court (File
No. ZBA-2021-06).
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 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 “Estate Residential
(ER) Zone” zoning category applying to the lands shown in hatching on Schedule
“A” attached hereto and forming part of this by-law with “Detached Third Density
Residential R3 (546) Exception Zone”, “Detached Fourth Density Residential R4
Zone”, “Detached Fourth Density Residential R4 (547) Exception Zone”,
“Detached Fourth Density Residential R4 (548) Exception Zone”, “Public Open
Space (O1) Zone ” and “Environmental Protection (EP) Zone”.
2. The Zoning By-law be and is hereby amended to add the following:
Section 24.546 Detached Third Density Residential R3 (546) Exception Zone
Parent Zone: R3
Exception No.: (546)
Map: Schedule “A”,
Map No. 5
Previous Zone:
ER
Previous By-laws:
2744-85
Municipal Address: 5-70 Archerhill Court
Legal Description: All of Lots 1 to 14, both inclusive, all of Blocks 15, 16, and 19, all
of Archerhill Court, Plan 65M-2494, Town of Aurora, Regional
Municipality of York.
By-law Number 6501-23 Page 2 of 7
24.546.1 Permitted Uses
In accordance with the permitted uses listed under the Detached Third Density
Residential zoning of Section 7.1 of Comprehensive Zoning By-law 6000-17.
24.546.2 Zone Requirements
In accordance with the zone requirements of the Detached Third Density Residential
zoning of Section 7.2 of Comprehensive Zoning By-law 6000-17, except for the
following listed under Section 24.546.2.1:
24.546.2.1 Siting Specifications
Notwithstanding any other provisions to the contrary, the following shall apply:
Minimum Front Yard (to main building) 4.5 metres
Minimum Front Yard (to garage) 5.5 metres
Minimum Rear Yard 7.0 metres
Minimum Interior Side Yard 1.2 metres
Maximum Driveway Width (including at
the street line)
9.0 metres
Notwithstanding any other provisions to the contrary, open-sided roofed porches,
decks and balconies, may project 2.5 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. 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.
24.546.2.2 Building Specifications
Notwithstanding any other provisions to the contrary, the following shall apply:
Maximum Lot Coverage 50%
Maximum Height 12 metres
Maximum Height of an open porch or
deck (measured from the average
finished grade to the porch slab or deck
floor level)
3.2 metres
For the purposes of this By-law, and, notwithstanding the definition of Average
Finished Grade, where a lot abuts an Environmental Protection (EP) zone, and the
average level of the finished ground adjoining the rear of the building is lower than the
finished ground adjoining the front of the building, the average finished grade shall
mean the average elevation of the finished ground adjoining a building or structure
measured at the two points where the front yard meets adjacent side lot lines.
24.546.3 General Provisions
The provisions of Section 4.1.5 a) of Comprehensive Zoning By-law 6000-17 being to
only permit central air conditioners and/or heat pumps to the rear and side yards shall
also similarly apply to generators and any other home mechanical systems.
3. The Zoning By-law be and is hereby amended to add the following:
Section 24.547 Detached Fourth Density Residential R4 (547) Exception Zone
By-law Number 6501-23 Page 3 of 7
Parent Zone: R4
Exception No.: (547)
Map: Schedule “A”,
Map No. 5
Previous Zone:
ER
Previous By-laws:
2744-85
Municipal Address: 5-70 Archerhill Court
Legal Description: All of Lots 1 to 14, both inclusive, all of Blocks 15, 16, and 19, all
of Archerhill Court, Plan 65M-2494, Town of Aurora, Regional
Municipality of York.
24.547.1 Permitted Uses
In accordance with the permitted uses listed under the Detached Fourth Density
Residential zoning of Section 7.1 of Comprehensive Zoning By-law 6000-17.
24.547.2 Zone Requirements
In accordance with the zone requirements of the Detached Fourth Density Residential
zoning of Section 7.2 of Comprehensive Zoning By-law 6000-17, except for the
following listed under Section 24.547.2.1:
24.547.2.1 Siting and Lot Specifications
Notwithstanding any other provisions to the contrary, the following shall apply:
Minimum Front Yard (to main building) 4.5 metres
Minimum Rear Yard 6.5 metres
Minimum Lot Area 345.0 square metres
Notwithstanding any other provisions to the contrary, on a corner lot where a
daylighting triangle or corner rounding 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 or corner rounding.
Notwithstanding any other provisions to the contrary, open-sided roofed porches,
decks and balconies, may project 2.5 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 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 0.6 metres to the lot line.
24.547.2.2 Building Specifications
Notwithstanding any other provisions to the contrary, the following shall apply:
Maximum Lot Coverage 55%
Maximum Height of an open porch or
deck (measured from the average
finished grade to the porch slab or deck
floor level)
3.2 metres
For the purposes of this By-law, and, notwithstanding the definition of Average
Finished Grade, where a lot abuts an Environmental Protection (EP) zone, and the
average level of the finished ground adjoining the rear of the building is lower than the
finished ground adjoining the front of the building, the average finished grade shall
By-law Number 6501-23 Page 4 of 7
mean the average elevation of the finished ground adjoining a building or structure
measured at the two points where the front yard meets adjacent side lot lines.
24.547.3 General Provisions
The provisions of Section 4.1.5 a) of Comprehensive Zoning By-law 6000-17 being to
only permit central air conditioners and/or heat pumps to the rear and side yards shall
also similarly apply to generators and any other home mechanical systems.
4. The Zoning By-law be and is hereby amended to add the following:
Section 24.548 Detached Fourth Density Residential R4 (548) Exception Zone
Parent Zone: R4
Exception No.: (548)
Map: Schedule
“A”, Map No. 5
Previous Zone:
ER
Previous By-laws:
2744-85
Municipal Address: 5-70 Archerhill Court
Legal Description: All of Lots 1 to 14, both inclusive, all of Blocks 15, 16, and 19, all
of Archerhill Court, Plan 65M-2494, Town of Aurora, Regional
Municipality of York.
24.548.1 Permitted Uses
In accordance with the permitted uses listed under the Detached Fourth Density
Residential zoning of Section 7.1 of Comprehensive Zoning By-law 6000-17.
24.548.2 Zone Requirements
In accordance with the zone requirements of the Detached Fourth Density Residential
zoning of Section 7.2 of Comprehensive Zoning By-law 6000-17, except for the
following listed under Section 24.548.2.1:
24.548.2.1 Siting and Lot Specifications
Notwithstanding any other provisions to the contrary, the following shall apply:
Minimum Front Yard (to main building) 4.5 metres
Minimum Rear Yard 6.5 metres
Minimum Exterior Side Yard (to main
building)
2.4 metres
Minimum Lot Area 345.0 square metres
Notwithstanding any other provisions to the contrary, on a corner lot where a
daylighting triangle or corner rounding 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 or corner rounding.
Notwithstanding any other provisions to the contrary, open-sided roofed porches,
decks and balconies, may project 2.5 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 metre to the flankage lot line. Steps may
By-law Number 6501-23 Page 5 of 7
encroach into the required front yard or the required exterior side yard provided they
are not located any closer than O.6 metres to the lot line.
24.548.2.2 Building Specifications
Notwithstanding any other provisions to the contrary, the following shall apply:
Maximum Height of an open porch or
deck (measured from the average
finished grade to the porch slab or deck
floor level)
3.2 metres
24.548.3 General Provisions
The provisions of Section 4.1.5 a) of Comprehensive Zoning By-law 6000-17 being to
only permit central air conditioners and/or heat pumps to the rear and side yards shall
also similarly apply to generators and any other home mechanical systems.
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.
If a building permit that is appropriate for the development has not been issued
under the Building Code Act, 7 992, s.o. 1992, c. 23, as amended, for any building
or structure so authorized within three (3) years from enactment of this By-law,
then this By-law shall automatically repeal and if so repealed, the zoning of the
lands will revert to the original zoning.
Enacted by Town of Aurora Council this 23rd day of May, 2023.
lo'rn Mrakas, Mayor
yl
Michael de Rond, Town Clerk
By-law Number 6501-23 Page 6 of 7
Explanatory Note
Re: By-law Number 6501-23
By-law Number 6501-23 has the following purpose and effect:
To amend Zoning By-law 6000-17, as amended, to rezone the subject lands from “Estate
Residential (ER) Zone” to “Detached Third Density Residential R3 (546) Exception Zone”,
“Detached Fourth Density Residential R4 Zone”, “Detached Fourth Density Residential R4
(547) Exception Zone”, “Detached Fourth Density Residential R4 (548) Exception Zone”,
“Public Open Space (O1)” and “Environmental Protection (EP) Zone”.
The effect of this zoning amendment will permit a residential plan of subdivision
consisting of 138 single detached dwellings, a park and an environmental protection
area.
By-law Number 6501-23 Page 7 of 7
Schedule “A”
Location: All of Lots 1 to 14, both inclusive, all of Blocks 15, 16, and 19, all of
Archerhill Court, Plan 65M-2494, Town of Aurora, Regional
Municipality of York.
Lands rezoned from “Estate Residential ER Zone” to “Detached
Third Density Residential R3 (546) Exception Zone”, “Detached
Fourth Density Residential R4 Zone”, “Detached Fourth Density
Residential R4 (547) Exception Zone”, “Detached Fourth
Density Residential R4 (548) Exception Zone”, “Public Open
Space (O1)” and “Environmental Protection (EP) Zone”.