By-law - OLT Amend 6000-17 Zoning Bylaw Amendment, 55 and 65 St John's Sideroad (File ZBA-2023-04) - 20250227 - 6678-25The Corporation of the Town of Aurora
By-law Number 6678-25
Being a By-law to amend By-law Number 6000-17, as amended,
respecting the lands municipally known as 55 & 65 St. John’s Sideroad
(File No. ZBA-2023-04).
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 of Aurora (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 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 “OLT”), 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 February 27, 2025, the Tribunal issued a Memorandum of Oral Decision
and Order, under OLT Case No. OLT-24-000252 (the “Order”) approving an amendment to
the Zoning By-law respecting the lands municipally known as 55 & 65 St. John’s
Sideroad, 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 “Detached Third
Density Residential (R3) Exception Zone Fifty (50)” and “Environmental
Protection (EP) Zone” zoning 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) Exception Zone (562)”, “Public Open
Space (O1) Exception Zone (563)” and “Private Open Space (O2) Exception Zone
(564).”
2. The Zoning By-law be and is hereby amended to add the following:
“24.562 Townhouse Dwelling Residential (R8) Exception Zone (562)
Parent Zone: R8
Exception No.: (562)
Map: 3 Previous Zone: EP & R3(50)
Municipal Address: 55 & 65 St. John’s Sideroad East
Legal Description: Part Lot 85, Concession 1, Whitchurch, Part 1 on Plan 65R-1582,
Town of Aurora, Regional Municipality of York
24.562.1 Permitted Uses
By-law Number 6678-25 Page 2 of 5
The following uses are permitted:
• Thirty (30) townhouse dwelling units
24.562.1.1 Lot Specifications
Lot Area per unit (minimum) 150m2
Lot Frontage per unit (minimum) 5.5m
Front Yard (minimum) 4.5m
Interior Side Yard (minimum) 0.0m – 1.2m for end units
Side Yard to Private Road (minimum) 2.0m
Rear Yard (minimum) 7.5m
Lot Coverage (maximum) 52%
Height 12.0m
24.562.1.2 Landscaping
The provisions of Section 4.8 Landscaping Strip shall not apply.
24.562.1.3 Parking
A minimum of 13 visitor parking spaces shall be provided.
24.562.1.4 Yard Encroachments Permitted
Notwithstanding the provisions of Section 4.20 (Yard Encroachments Permitted), the
following standards shall apply:
Open porches, uncovered
terraces and decks
Front and exterior side yard
3.0m
In no case shall be closer
than 3.0m from the Front
Lot Line
Steps associated may
encroach but in no case
shall be closer than 1.5m
from the Front Lot Line
24.562.1.5 Ingress and Egress
Notwithstanding the provisions of Section 5.5.4 (Ingress and Egress), the following
standard shall apply:
The maximum width of any joint ingress or egress Driveway measured along the
Street Line shall be nine (9.0) metres”
By-law Number 6678-25 Page 3 of 5
3. The Zoning By-law be and is hereby amended to add the following:
“24.563 Public Open Space (O1) Exception Zone (563)
Parent Zone: O1
Exception No.: (563)
Map: 3 Previous Zone: EP & R3(50)
Municipal Address: 55 & 65 St. John’s Sideroad East
Legal Description: Part Lot 85, Concession 1, Whitchurch, Part 1 on Plan 65R-1582,
Town of Aurora, Regional Municipality of York
24.563.1 Permitted Uses
The lands may also be used for:
• Public Parks
• Public Trails
• Garden Features including a Gazebo and associated landscaping”
4. The Zoning By-law be and is hereby amended to add the following:
“24.564 Private Open Space (O2) Exception Zone (564)
Parent Zone: O2
Exception No.: (564)
Map: 3 Previous Zone: EP & R3(50)
Municipal Address: 55 & 65 St. John’s Sideroad East
Legal Description: Part Lot 85, Concession 1, Whitchurch, Part 1 on Plan 65R-1582,
Town of Aurora, Regional Municipality of York
24.564.1 Permitted Uses
The lands may also be used for:
• Private Road
• Private Emergency Access Road
• Public Parking”
5. 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.
6. If a building permit that is appropriate for the development has not been issued
under the Building Code Act, 1992, 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.
Pursuant to the Order of the Ontario Land Tribunal issued on the 27th day of February,
2025, under OLT Case No. OLT-24-000252
By-law Number 6678-25 Page 4 of 5
Explanatory Note
Re: By-law Number 6678-25
By-law Number 6678-25 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 “Detached Third Density Residential
(R3) Exception Zone Fifty (50)” and “Environmental Protection (EP) Zone” to
“Townhouse Dwelling Residential (R8) Exception Zone (562)”, “Public Open Space (O1)
Exception Zone (563)” and “Private Open Space (O2) Exception Zone (564)”.
The effect of this zoning amendment will rezone the subject property to permit thirty
(30) townhouse dwelling units.
By-law Number 6678-25 Page 5 of 5
Schedule “A”
Location: Part Lot 85, Concession 1, Whitchurch, Part 1 on Plan 65R-1582,
Town of Aurora, Regional Municipality of York
Lands rezoned from the “Detached Third Density Residential (R3)
Exception Zone Fifty (50)” and “Environmental Protection (EP)
Zone” to “Townhouse Dwelling Residential (R8) Exception Zone
(562)”, “Public Open Space (O1) Exception Zone (563)” and
“Private Open Space (O2) Exception Zone (564).”