By-law - OLT Amend 6000-17 Zoning Bylaw Amendment, 26,30,32,34-38 Berczy St (File ZBA-2020-01) - 20250410 - 6699-25The Corporation of the Town of Aurora
By-law Number 6699-25
Being a By-law to amend By-law Number 6000-17, as amended,
respecting the lands municipally known as 26, 30, 32, 34-38 Berczy Street
(File No. ZBA-2020-01).
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 April 10, 2025, the OLT issued a final order, under OLT Lead Case No.
OLT-21-001950 (the “Order”), approving an amendment to the Zoning By-law respecting
the lands municipally known as 26, 30, 32, 34-38 Berczy 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 “Service Employment
– E1(10) Zone’” zoning category applying to the lands shown in hatching on
Schedule “A” attached hereto and forming part of this By-law with “Promenade
Downtown (PD1) Exception Zone (568)”.
2. The Zoning By-law be and is hereby amended to add the following:
Parent Zone: PD1
Exception No.: 568
Map: 5 Previous Zone:
E1 (10)
Previous By-laws:
6000-17
Municipal Address: 26, 30, 32, 34-38 Berczy Street
Legal Description: Lots 4, 5, 6, 7, 8, 9 and 10, Plan 68, W/S Berczy Street, save and
except Part 1 on Plan 65R-34291, Town of Aurora, Regional Municipality of York
24.568.1 Zone Requirements
24.568.1.1 Lot Specifications
Lot Area (minimum) 835.0 square metres
By-law Number 6699-25 Page 2 of 5
Lot Frontage (minimum) 22.0 metres
Maximum Lot Coverage 100%
24.568.2 Permitted Uses
Notwithstanding the Promenade Downtown (PD1) Zone permitted uses, the following
additional uses are permitted:
• Apartment Building;
• Adult Day Centre;
• Group Home;
• Multi-Unit Development;
• Long Term Care Facility;
• Nursing Home;
• Retirement Home;
• Supportive Housing;
• Private Home Daycare;
• Private School; and
• Accessory uses to the above.
Notwithstanding Section 4.4.2, a Dwelling Unit may be permitted on the first storey of
a building.
24.568.3 Building Standards
Standard Promenade Downtown (PD1)
Exception Zone (568)
Minimum Rear Yard 5.5 m
Minimum Interior Side Yard at Ground Level to
Fourth Storey
7.5 m
Minimum Interior Side Yard at Fourth Storey 7.5 m
Minimum Interior Side Yard at Fifth Storey to
Eighth Storey
9.0 m
Minimum Interior Side Yard at Ninth Storey 25.0 m
Minimum Interior Side Yard to Mechanical 38.0 m
Minimum Indoor Amenity 1.9 m2 per unit
Minimum Outdoor Amenity 13.0 m2 per unit
Maximum Height 30.0 metres or 9 storeys, whichever
is less. For the purpose of this by-
By-law Number 6699-25 Page 3 of 5
law, a mechanical penthouse and
associated features are not counted
towards building height.
Maximum Coverage 65%
Maximum Number of Dwelling Units 550
Open Porches, Uncovered Terraces and Decks
within Front and Rear Yard
Permitted within 4.5 m of front and
rear yard
24.568.4 Parking Standards
Standard Promenade Downtown (PD1)
Exception Zone (568)
Residential Parking Ratio 0 spaces/unit
Visitor/Non-Residential Parking Ratio 0 spaces/unit
Parking Spaces (Minimum) 0 spaces
Residential Spaces (Minimum) 0 spaces
Visitor and Non-Residential (Minimum) 0 spaces
3. Notwithstanding any future severance of the of the lands outlined on “Schedule
A” the provisions of this by-law shall apply to the whole of the lands outlined on
“Schedule A”.
4. 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.
5. If seven (7) years have elapsed from enactment of this By-law and no building
permit has been issued under the Building Code Act, 1992, S.O. 1992, c. 23, as
amended, for the lands within that time, then this By-law shall automatically
repeal and if so repealed, the zoning of the lands will revert to the zoning existing
prior to the enactment of this By-law.
Pursuant to the Order of the Ontario Land Tribunal issued on the 10th day of April,
2025, under OLT Lead Case No. OLT-21-001950.
By-law Number 6699-25 Page 4 of 5
Explanatory Note
Re: Zoning By-Law Number 6699-25
6699-25 has the following purpose and effect:
To amend By-law Number 6000-17, as amended, being the Zoning By-law in effect in the
Town of Aurora, to rezone the subject lands from “Service Employment – E1(10) Zone”
to “Promenade Downtown (PD1) Exception Zone (568)”. The rezoning will permit a nine
(9) storey mixed use building with a total of 545 residential units.
By-law Number 6699-25 Page 5 of 5
Schedule “A”
Location: Lots 4, 5, 6, 7, 8, 9 and 10, Plan 68, W/S Berczy Street, save and except Part
1 on Plan 65R-34291, Town of Aurora, Regional Municipality of York
PD1-568
PD1-568