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By-law - Downtown Community Planning Permit Bylaw - 20260127 - 6760-26
The Corporation of the Town of Aurora By-law Number 6760-26 Being a By-law to establish the Downtown Community Planning Permit By-law for the Corporation of the Town of Aurora. Whereas Section 2 of Ontario Regulation 1 73/1 6 under the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Planning Act") authorizes the Council of a local municipality to establish by by-law a community planning permit system within the municipality for any area or areas set out in the by-law; And whereas Section 18 of the Town of Aurora Official Plan, as amended, identifies that a community planning permit area may be established for the subject lands; And whereas Section 18 of the Town of Aurora Official Plan, as amended, meets all other requirements under Section 3 of Ontario Regulation 1 73/16 to pass a Community Planning Permit By-law in accordance with Section 24 and 34 of the Planning Act and amendments thereto; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1.The downtown Town of Aurora community planning permit system is hereby established for the lands identified as the subject lands in Appendix 'IA" hereto attached. 2. The Town of Aurora Downtown Community Planning Permit By-law, as set out in attached Appendix l'B", is hereby adopted and enacted as the community planning permit by-law for the subject lands identified in Appendix 'IA". 3.The Zoning By-law 6000-1 7, as amended, is deemed to be repealed with respect to the area covered by the subject lands identified in Appendix "A," and thereby replaced with the development standards as per the Downtown Community Planning Permit By-law, attached in Appendix I'B", on the day that this by-law comes into force. Enacted by Town of Aurora Council this 27th day of January, 2026. Tom Mrakas, Mayor By-law Number 6760-26 Page 2 of 3 Appendix “A” Location: The subject lands shall be the area as shown within the area delineated as the Subject Lands below. By-law Number 6760-26 Page 3 of 3 Appendix “B” Appendix B is the body of the Downtown Community Planning Permit By-law, which makes up the community planning permit system for the Subject Lands, and commences on the next page. Downtown Community Planning Permit By-law JANUARY 27, 2026 By-law Number 6760-26 Appendix "B" The Town of Aurora is committed to ensuring the accessibility of our documents to all individuals, in compliance with the Accessibility for Ontarians with Disabilities Act (A.O.D.A.). We have made every effort to achieve full compliance with accessibility standards in the preparation of this document. However, if you encounter any accessibility barriers or have specific accessibility needs, we are here to assist you. If you require further assistance or have any concerns regarding the accessibility of this document, please contact us at accessibility@aurora.ca. TABLE OF CONTENTS Section 1.0 Administration Section 2.0 Interpretation Section 3.0 General Provisions Section 4.0 Definitions Section 5.0 Parking Standards Section 6.0 Downtown Mixed-Use Development Standards Section 7.0 Schedules ……… 5 ……… 25 ……… 29 ……… 40 ……… 55 ……… 62 ………. 70 ADMINISTRATION 1.0 1.1 Short Title 1.2 Applicability and Area Restricted 1.3 Requirement and Compliance 1.4 Effective Date 1.5 Administration 1.6 By-laws Repealed 1.7 Compliance with Other Legislation 1.8 Compliance for Designated Heritage Buildings 1.9 Technical Revisions 1.10 Enforcement 1.11 Transition Matters 1.12 Exemptions 1.13 Permit Classes and Delegated Approval 1.14 Discretionary Uses 1.15 Variation 1.16 Agreements 1.17 Application Process 1.18 Decision, Approvals, and Appeals 1.19 Public Notification Requirements 1.20 Providing Benefits for the Community 1.21 Amending this By-law 1.22 Existing Holding Provisions 1.23 Applying Holding Provisions 1.24 Lot Consolidation 1.25 Existing Uses 1.26 Allocation of Municipal Parking 1.1 Short Title 1.This by-law shall be referred to as the Downtown Community Planning Permit By-law. 1.2 Applicability and Area Restricted 1.The lands affected by this by-law apply to the Community Planning Permit Area within the Town of Aurora as outlined and identified on Schedule A. 1.3 Requirement and Compliance 1.All development or changes of use within the Community Planning Permit Area shall comply with the provisions of this by-law and require a Community Planning Permit. 1.4 Effective Date 1.This by-law shall come into force and effect on the date that it is passed. 1.5 Administration 1.This by-law shall be administered by Director. 1.6 By-laws Repealed 1.On the day that this by-law comes into force and effect, the provisions of the Comprehensive Zoning By-law 6000- 17 will be deemed to be repealed with respect to the area covered by the Downtown Community Planning Permit Area as outlined on Schedule A of this by-law. 1.7 Compliance with Other Legislation 1.Nothing in this by-law shall be constructed to exempt any person from any obligation to comply with the requirements of any other by-law of the Town or any other regulation of the Regional Municipality of York, Province of Ontario, or Government of Canada that would otherwise affect the use of land, buildings, or structures. 1.8 Compliance for Designated Heritage Buildings 1.Nothing in this by-law shall waive the requirement of and need for a heritage permit application for any alterations, enlargement, or reconstruction of a designated heritage building within the by-law area. 1.9 Technical Revisions 1.Provided that the purpose, effect, intent, meaning, and substance of this by-law are no way affected, the following technical revisions to this by-law are permitted without a need for an amendment: a)Changes to the numbering, cross-referencing, format, and arrangement of the text, tables, schedules, and maps; b)Additions to and revisions of technical information on maps and schedules including, but not limited to infrastructure and topographic information, notes, legends, shading, and title blocks; c)Alterations of punctuation or language;Downtown Community Planning Permit By-lawTown of Aurora | 7 1.10 Enforcement 1.10.1 Conformity 1.No person shall erect, alter, enlarge, reconstruct, or use any building or structure in whole or in part, nor use any land in whole or in part, except in conformity with this by- law. 1.10.2 Offence - General 1.Any person who contravenes a provision of this by-law is guilty of an offence. 2.Any person who contravenes a provision of this by-law, whether such contravention is on the same day or a subsequent day, shall be deemed to be committing a subsequent offence for each instance that they engage in or continue to engage in a contravention of a provision of this by-law. 1.10.3 Offence - Bedroom 1.No person shall use, in whole or in part, a den, study, living room, dining room, family room, recreation room, or similar habitable floor space as a bedroom where such use would contravene the provisions of this by-law, or any other applicable legislation or by-laws. 2.No person shall convert, in whole or in part, a den, study, living room, dining room, family room, recreation room, or similar habitable floor space into a bedroom where such conversion would contravene the provisions of this by- law, or any other applicable legislation or by-laws. 1.10.4 Penalty 1.Every person who is guilty of an offence under this by-law shall be subject to the fines and/or penalties provided under the Planning Act and/or the Provincial Offences Act. 1.10.5 Severability 1.In the event that any section, clause, or provision of this by-law, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof other than the section, clause, or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses, or provisions of this by-law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. d)Correction of grammatical, dimensional, boundary, mathematical, or typographic errors or revisions to format in a manner that does not change the intent of a provision; and e)Changes to appendices, footnotes, headings, indices, notes, tables of contents, illustrations, historical or reference information, footers, and headers, which do not form a part of this by-law and are editorially inserted for convenience or reference purposes. Section 1.0 Administration8 | Town of Aurora 1.11.2 Site Plan Application 1.This by-law shall not prevent the erection, alteration, enlargement, reconstruction, or use of a building or structure prohibited by this by-law for which a complete application for Site Plan Approval under Section 41 of the Planning Act was deemed complete on or prior to the effective date of this by-law provided that the building permit application for the said development complies with the approved site plan and the provisions of the applicable Zoning By-law as it read on the day before the effective date of this by-law. 2.Notwithstanding subsection 1 of Section 1.11.2, if the site plan application was approved prior to the effective date of this by-law, nothing shall prevent the erection, alteration, enlargement, reconstruction, or use of a building or structure in the approved site plan application, provided that the subsequent application for a building permit was accepted within two years after the effective date of this by-law. 1.This by-law shall not prevent the erection, alteration, enlargement, reconstruction, or use of a building or structure prohibited by this by-law which is permitted by an application pursuant to Section 45 of the Planning Act which was made prior to the effective date of this by-law, provided that: a)Such application has been approved by the Committee of Adjustment at the Town, or on appeal by the Ontario Land Tribunal or its predecessor before or after the effective date of this by-law. b)An application for a building permit for the erection or use of the building or structure has been accepted within two years of the effective date of this by-law. c)Where a minor variance was authorized by the Committee of Adjustment at the Town, or the Ontario Land Tribunal or its predecessor, before or on the effective date of this by-law as a condition of Site Plan Approval, Section 1.11.2 shall apply to give effect to the applicable Site Plan Approval. d)Any other circumstance authorized by the Director, including the full exemption of the Community Planning Permit application for minor alterations to existing buildings where it may be more appropriate for it to undergo the traditional minor variance application process based on the zoning that was in effect before the effective date of this by-law. 1.11 Transition Matters 1.11.1 Building Permit 1.This by-law shall not prevent the erection, alteration, enlargement, reconstruction, or use of a building or structure prohibited by this by-law for which an application for a building permit was accepted on or prior to the effective date of this by-law, if the development in question complies, or the building permit application for the development is amended to comply, with the provisions of the applicable Zoning By-law as it read on the day before the effective date of this by-law. 1.11.3 Minor Variances Downtown Community Planning Permit By-lawTown of Aurora | 9 1.12 Exemptions 1.Notwithstanding any provisions in this by-law, the following types of development shall not require a Community Planning Permit: a)An activity involving only site alteration subject to the Town’s Site Alteration By-law, as amended; b)Any development consistent with Site Plan Control approval issued pursuant to the Town’s Site Plan Control By-law prior to the effective date of this by- law, as amended; c)Any development consistent with a minor variance approval issued pursuant to the Planning Act, prior to the effective date of this by-law; d)Maintenance or repairs of existing buildings and structures, such as the replacement of windows or doors, which will not result in changes to the footprint or gross floor area of the structure and location; e)Maintenance or repairs to existing buildings and foundations provided that the work does not involve the placement of fill, alteration of existing grades or changes to the footprint or gross floor area of the structure; f)Interior renovations provided that there is no change in the use or intensification; g)Minor additions to structures or accessory structures that meet all the requirements of this by-law; h)Infrastructure projects initiated by a Public Authority; and i)Any other circumstances as so authorized at the discretion of the Director. 1.13 Permit Classes and Delegated Approval 1.13.1 Classes 1.There are three classes of Community Planning Permits as summarized below and outlined in Table 1.1: •Class 1 – All Standards Met; •Class 2 – Minor Variation; and •Class 3 – Major Variation. a)Class 1 Community Planning Permit captures developments that meet all development standards of this by-law and the Official Plan; b)Class 2 (minor variation) Community Planning Permit captures developments that do not comply with the development standards for a Class 1 Community Planning Permit and are subject to additional requirements as outlined in Section 1.15 and Section 1.15.1; and c)Class 3 (major variation) Community Planning Permit captures developments that do not comply with the development standards for a Class 1 or Class 2 Community Planning Permit and are subject to additional requirements as outlined in Section 1.15 and Section 1.15.1.Section 1.0 Administration10 | Town of Aurora Table 1.1: Permit Classes and the Respective Delegated Authority and Public Notice Procedure Class 1 Application Class 2 Application Class 3 Application Description Application meets all development standards of the by-law. No variation is required. Application generally meets the intent, standards, and provisions of this by-law but requires a minor variation based on: •Any variation to Section 3.0. •Any variation to Section 5.0. •One or more development standards within the established Class 2 variation limits of 10%, as identified in the development standards within Section 6.0. •Approval of a listed discretionary use. Application generally meets the intent, standards, and provisions of this by-law but requires a major variation based on: •One or more development standards beyond the Class 2 variation limit (exceeding 10%), as identified within Section 6.0, or specifically involving maximum permitted building height. •Approval of additional uses not permitted under Section 6.0. Approval Authority Director of Planning and Development Services. Director of Planning and Development Services. Council. Public Notice Procedures No notice required.No notice required.•Staff to post notification on Town website for public access. •Notice shall be given by mail to residents within 120 metres of the subject lands. •On-site signage shall also be provided. Signage shall include an explanation of the application, staff contact information, and the deadline for the submission of comments. •Notice shall also be given by publishing it in a newspaper and/or by posting it online in accordance with the requirements of the Planning Act. Downtown Community Planning Permit By-lawTown of Aurora | 11 1.13.2 Delegated Approval 1. Council delegates approval powers and duties on behalf of the Town to the Approval Authority, as set out in this by-law and in accordance with Table 1.1. Council may withdraw or amend this delegation at any time. 2.The Town will provide public notice of a Community Planning Permit application in accordance with Table 1.1. At the discretion of the Director, the Town may increase the public notice requirements without an amendment to this by-law. A Notice of Decision will be provided for all Community Planning Permits in accordance with Section 1.18.5. 1.13.3 Referrals to Council 1.The Director has the delegated authority to determine the appropriate class for any Community Planning Permit application. 2.The Director and/or delegate may refer Class 1 or Class 2 applications to Council to be processed as a Class 3 Community Planning Permit at any time prior to the decision of an application. 3.At the time of applying, an applicant may request that a Class 2 Community Planning Permit application be processed as a Class 3 Community Planning Permit, where the applicant is of the opinion that the application would benefit from Council review and decision. 1.14 Discretionary Uses 1.A discretionary use may only be allowed if the criteria set out in this by-law have been addressed to the satisfaction of the Approval Authority. 2.A use shall be added as a permitted use or a discretionary use through a Class 3 application. 1.15 Variation 1.Variations to standards of this by-law may be considered through the Class 2 or Class 3 Community Planning Permit process, in accordance with the requirements and objectives of this by-law and the Official Plan, as amended. 2.Variations can be applied as an amount or percentage of an eligible standard. The amount or percentage referred to is the amount of the standard that may be varied. 3.A Community Planning Permit application for a Class 2 or Class 3 permit that requests a variation shall be subject to all requirements of this by-law. 4.Where a standard in Section 3.0 and Section 5.0, has no established limits within this by-law, staff may approve or conditionally approve developments which vary from the standards identified in these sections, subject to criteria in Section 1.15.1 and subject to alignment with the Official Plan, as amended, provincial policy, and other applicable legislation. Section 1.0 Administration12 | Town of Aurora 5.For a Class 2 Community Planning Permit, staff may approve or provisionally approve developments which vary from the standards identified in Section 6.0, provided the variation is within the established Class 2 variation limits identified in this by-law, subject to the criteria in Section 1.15.1 and subject to alignment with the Official Plan, as amended, provincial policy, and other applicable legislation, is still maintained. 6.For a Class 3 Community Planning Permit, Council may approve developments which vary from the standards identified in this by-law at their discretion subject to the criteria in Section 1.15.1 and subject to alignment with the Official Plan, as amended, provincial policy, and other applicable legislation. 1.15.1 Criteria for Considering Class 2 or Class 3 Variations 1.Where a Class 2 or Class 3 Community Planning Permit is required, the proposed development or a discretionary use will only be permitted if the following criteria are addressed, in addition to the other requirements of this by-law, to the satisfaction of the Approval Authority prior to the issuance of a Community Planning Permit in accordance with Section 1.18.1 and may be subject to conditions of approval in accordance with Section 1.18.2: a)The proposed development maintains the general intent of this by-law; b)The proposed development conforms to the Official Plan, as amended; c)The proposed development is consistent with and conforms to applicable federal, provincial, regional, and municipal statutes, policies, plans, and/or other documents; d)The proposed development shall consider provincial and municipal guidelines and have regard for technical studies; e)The potential adverse impacts resulting from the proposal are identified and mitigated where appropriate; f)The proposed development is compatible with and sensitive to the planned context and character of the area; and g)All necessary supporting studies are provided to the satisfaction of the Approval Authority. 2.Where a building is proposed to include multiple dwelling units, the Town shall prioritize the provision of a balanced mix of dwelling unit types when applying the criteria in subsection 1 of Section 1.15.1 to evaluate the proposed development. 3.Where a Class 2 Permit is required, staff may scope the extent of the evaluation required in subsection 1 of Section 1.15.1 in consideration of the scale of the variation requested and provided that the general intent of the criteria are met. Downtown Community Planning Permit By-lawTown of Aurora | 13 1.Where a Community Planning Permit is required, an applicant may be required, at the discretion of the Approval Authority, to enter into one or more agreements with the Town, including but not limited to, agreements to address conditions of approval as outlined in Section 1.18.2. 2.In addition to subsection 1 of Section 1.16, the agreement shall be registered on title to the Owner’s property at the Owner’s expense. 3.Notwithstanding any other provision in this by-law, the applicant is responsible to obtain all required approvals and permits beyond those provided as part of a Community Planning Permit. 4. Council delegates the authority to Town staff to prepare, approve, execute, and to amend any Community Planning Permit Agreement required by this by-law. 5.Pre-existing development agreements continue to be valid and binding and may be amended under this by-law if subject to a Community Planning Permit. 1.16 Agreements 1.17 Application Process 1.The Downtown Community Planning Permit review process generally consists of the steps illustrated in Figure 1.1. 1.17.1 Pre-Consultation 1.Prior to the submission of a Community Planning Permit Application, the applicant shall meet with Town staff through a formal pre-consultation to obtain the requirements for a complete Community Planning Permit Application, unless exempt from a permit as outlined in Section 1.12 of this by-law. 2.The Town shall require that pre-consultation with applicable agencies occurs prior to the submission of a Community Planning Permit Application, where appropriate. 3.Where a technical study or report is required by Town staff, to support a Community Planning Permit Application, the extent of the issues to be addressed will be identified by applicable agencies and/or Town staff, based on the Official Plan, and any terms of reference set out during the pre-consultation meeting. 1.17.2 Complete Application 1.Complete applications for a Community Planning Permit shall include: a)A fully completed and signed Community Planning Permit Application Form; b)Submission of the required application fees, as set out in the Town’s Fees and Charges By-law, as amended; c)The application submission requirements identified on Schedule 1 of Ontario Regulation 173/16, as amended; Section 1.0 Administration14 | Town of Aurora d)All requirements identified through pre- consultation, in accordance with the Official Plan, as amended, and subject to the provision in Section 1.17.1, Section1.17.2, and 1.17.3; and e)Any applicable agency approvals or permits required to be provided of the Approval Authority as determined during the pre-consultation meeting. 1.17.3 Required Information, Materials, Studies, and Reports 1.A list of technical studies and reports that may be required to be submitted at the time of a Community Planning Permit Application is contained in the Official Plan, as amended. Additional technical studies and repots may also be required for applicable agency approvals at the same time of application. 2.All required technical studies and reports shall be carried out by a qualified person retained by and at the expense of the applicant. 3.At the discretion of the Approval Authority, any required technical studies and reports may be subject to peer review at the expense of the applicant. Downtown Community Planning Permit By-lawTown of Aurora | 15 Figure 1.1: Community Planning Permit Application Process Submit Community Planning Permit Application Application Circulated Acknowledgement of Complete Application Class 1 Application Review If concerns arise, discuss with applicants and revisions to be made. Class 2 Application Review Potential referral to Council dependent on variations proposed Class 3 Application Review Presentation to Council. Decision Approve with No Conditions and Issue CPP Approve with Conditions Required Before Issuing CPP Satisfy Conditions Issue CPP Town Refuses Application Pre-Consultation With Town Staff and Applicable Agencies and Prepare a Community Planning Permit Application Proceed to Building Permit May Appeal Decision to Tribunal Class 1 Approval Authority: Director Class 2 Approval Authority: Director Class 3 Approval Authority: Council No Public Notification Public Notification Section 1.0 Administration16 | Town of Aurora 1.18 Decision, Approvals, and Appeals 1.Upon review of a complete application, the Approval Authority may: a)Approve the application without conditions and issue a Community Planning Permit; b)Approve the application and issue a Community Planning Permit with conditions attached, subject to Section 1.18.2; or c)Refuse to approve the application. 4.The following conditions may be imposed by the Town, including but not limited to: a)The completion of required studies, plans, and/or other documents; b)The submission of supplemental studies, plans, and/or other documents; c)The implementation of actions or recommendations in studies, plans, and/or other documents; d)The submission or confirmation of review, approvals, and/or permits from other agencies and levels of government; e)The achievement of performance criteria and standards, including those related to achieving a high standard of context-sensitive urban design; f)Entering into any agreement(s) securing off-site parking or cash-in-lieu of parking; g)The conveyance of land for any specified reason; h)The verification of site remediation; i)The protection of natural environment, natural systems, mature vegetation, or remediation of lands; j)The efficient use or conservation of energy; k)The provision and capacity of transportation and servicing infrastructure; l)Conservation of cultural heritage resources; m)The availability of municipal infrastructure and services; n)The provision of attainable and/or affordable housing units; 1.18.1 Decision 1.Where a Community Planning Permit is required in accordance with the provisions of this by-law, the Town may approve an application with conditions, which must be completed within an agreed upon timeframe to the satisfaction of the Approval Authority. 2.Conditions will include a clear statement of whether they must be complied with before the construction, renovation, demolition, and certain changes to use of buildings and/or structures. 3.A condition of approval shall not deal with the following aspects of buildings and/or structures: a)Interior design; b)The layout of interior areas, other than interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open space and interior walkways in adjacent buildings; and c)The manner of construction and construction standards. 1.18.2 Conditions of Approval Downtown Community Planning Permit By-lawTown of Aurora | 17 o)Compliance with applicable parkland requirements; p)The efficient phasing of development; q)The provision of financial assurances to facilitate compliance with municipal approvals and indemnify the town; r)The application and/or lifting of holding provisions; s)A condition requiring the provision of specified community benefits in exchange for a specific bonus of development as identified in the by-law in accordance with Section 1.20; and t)Entering into agreements relating to any conditions. 5.Conditional approval shall be valid for a period of two (2) years, failing which the conditional approval will lapse. 6.Notwithstanding subsection 5 of Section 1.18.2, requests for an extension of a conditional approval for a Community Planning Permit to meet a condition may be granted upon submission of a formal request to the Director. 7.An extension of a conditional approval for a Community Planning Permit may be granted in one (1) year intervals, to a maximum of three (3) requests, subject to this by- law and any provisions within, as amended. 8.In accordance with the Planning Act, the applicant may at any time make a motion for directions to have the Ontario Land Tribunal determine whether a specified condition has been fulfilled or is valid. 1.At the request of the applicant, and when considered appropriate by the Town, modifications to a Community Planning Permit with conditional approval, including changes to the development concept and supporting materials or to the conditions of conditional approval, may be made at any time, subject to the provisions within this by-law and the Official Plan, as amended. 2.Proposed modifications to a Community Planning Permit with conditional approval will be reviewed in accordance with the relevant sections of this by-law. 3.Proposed modifications may be subject to additional submission requirements and application fees to support the application, to the satisfaction of the Approval Authority. 4.Where an applicant applies to modify a Community Planning Permit with conditional approval, the fee should be equal to that which would be charged if the application was new. At the discretion of the Approval Authority, the fees may be waived or reduced if the change is minor. 1.18.3 Modification of Conditional Approvals 1.18.4 Revoking Approvals 1.The Approval Authority has the power to revoke any approval granted in the case where: a)The approval has been granted on mistaken or false or incorrect information; b)The approval has been granted in error; c)The applicant for the approval has requested in writing that it be revoked; or, Section 1.0 Administration18 | Town of Aurora d)Six (6) months after the approval has been granted, the development in respect of which the approval has been granted has not been substantially commenced in the reasonable opinion of the Approval Authority. 3.If the application falls under the Major Variation threshold, Class 3, as further identified in Section 1.13, notice of the application shall be given by mail to residents within 120 meters of the subject property, and also provided by the placement of on-site signage on the street frontage, and by publishing the notice in a newspaper and/or by posting the notice on the Town’s website, 4.Notice of all complete applications falling under Class 3 Planning Permit are posted on the Town’s website and are provided to Council for information purposes. 1.The maximum building height that is permitted through a Class 1 and Class 2 Community Planning Permit is shown in Schedule C and is subject to the provision this section in accordance with subsection 2 of Section 1.20 and Table 1.2 and Table 1.3. 2.In exchange for the approval of additional building height for a development containing a residential use, the Town will require the provision of community benefits as outlined in Tables 1.2 and Table 1.3, and as follows: a)For a development containing multiple buildings, the required facilities, services, and related matters will be calculated per dwelling unit for all residential units above the Class 1 and Class 2 maximum building height threshold. b)The required community levy shall be calculated based on all dwelling units in the building. 1.18.5 Notice of Decision 1.In accordance with the Planning Act, within 15 days of the date of decision, the Town shall issue a written Notice of Decision to the applicant and to each person or public body that filed a written request to be informed of the decision with the Town Clerk. 2.The Notice of Decision shall: a)Include reasons for the decision; and b)Give reason for any conditions imposed and include any imposed conditions. 1.18.6 Appeal Rights and Process 1.An applicant may appeal a decision on a Community Planning Permit application in accordance with Ontario Regulation 173/15 of the Planning Act. 1.20 Providing Benefits for the Community 1.19 Public Notification Requirements 1.If the application meets all development standards of the by-law, Class 1, no notice is required. 2.If the application is within the Minor Variation threshold, Class 2, no notice is required. Downtown Community Planning Permit By-lawTown of Aurora | 19 Table 1.2: Overview of Required Community Benefits Class 1 Application Class 2 Application Class 3 Application Required Community Levy per Table 1.3 for development with 5 or more storeys and 10 or more residential units. Community Levy per Table 1.3 for development with 5 or more storeys and 10 or more residential units. Community Levy per Table 1.3 for development with 5 or more storeys and 10 or more residential units. AND A minimum of 35% of all residential units added as part of the Class 3 variation being sought must be provided as affordable dwelling units, per Table 1.4. OR Cash-in-lieu contribution for the required affordable dwelling units as identified in Option 1, per Table 1.5. OR A proportional amount of provided community benefits per subsection 7 of Section 1.20 in proportional quantity or monetary value as determined by the Council. Section 1.0 Administration20 | Town of Aurora 3.At the discretion of the Director or the Approval Authority, the requirement of providing a Community Levy may be waived, in accordance with Table 1.3, if the applicant provides community benefits that is deemed to exceed the Community Levy amount. 4.An application proposing an increase in the maximum building height shall demonstrate as part of a complete application that the community benefits proposed to be provided are proportional in quantity or monetary value to the number of additional dwelling units proposed. 5.The Town, through the Approval Authority, has the ultimate authority to determine appropriateness of the community benefits provided. 6.An applicant may be required, at the discretion of the Approval Authority, to enter into one or more agreements registered on title with the Town or another agency, for the provision of community benefits. 7.The Approval Authority may authorize a variation in the community benefits provided, provided that the proposal offers additional benefits that shall meet a need identified by the Town, such as, but not limited to, the following: a)Accessible dwelling units; b)Additional affordable dwelling units, beyond those required in Table 1.2 for Class 2 and Class 3 Community Planning Permits; c)Conservation, protection, and preservation of cultural heritage resources in excess of established protections under designation by-laws; Table 1.3: Required Community Levy Amount Contribution Amount Community Levy 4 per cent of the value of the land that is the subject of development. Table 1.5: Cash-in-Lieu of Affordable Dwelling Units Contribution Amount Cash-in-lieu of Affordable Dwelling Units A contribution amount to the satisfaction of the Approval Authority per affordable dwelling unit required, per Table 1.2. Table 1.4: Affordability Threshold for Town of Aurora Affordable Ownership Affordable ownership price shall be equal or less than the current Canada Mortgage and Housing Corporation affordable ownership price in the Town of Aurora. Affordable Rental Unit Affordable rental units shall be equal or less than the current Canada Mortgage and Housing Corporation affordable rental price for each unit type in the Town of Aurora. Downtown Community Planning Permit By-lawTown of Aurora | 21 d)Parkland and improvements to existing parks or natural heritage features in excess of what is required under Section 42 of the Planning Act and the Town’s Parkland Dedication By-law, as amended; e)Public parking and improvements to existing public parking; f)Public art; g)Purpose-built rental housing; h)Street trees, street furniture or other public realm improvement infrastructure; i)Servicing improvements; j)Green roofs or sustainable design initiatives; and k)Any other in-kind contribution as approved by Council with value to be determined by the Approval Authority. 8.Notwithstanding the provisions above, providing community benefits shall not be required with respect to: a)Development or a change in use of a building or structure intended for use as a long-term care home inclusive of a group home within the meaning of subsection 2(1) of the Long-Term Care Homes Act, 2007; b)Development or a change in use of a building or structure intended for use as a retirement home within the meaning of subsection 2(1) of the Retirement Homes Act, 2010; c)Development or a change in use of a building or structure intended for use as a hospice to provide end-of-life care; d)Development or change in use of a building or structure intended for use by any of the following post-secondary institutions for the objects of the institution: i.A university in Ontario that receives direct, regular, and ongoing operating funding from the Government of Ontario; ii.A college or University federated or affiliated with a university described in subparagraph (i); or iii.An Indigenous Institute prescribed for the purposes of Section 6 of the Indigenous Institutes Act, 2017. e)Development or a change in use of a building or structure intended for use as residential premises by any of the following entities: i.A corporation to which the Not-for-profit Corporations Act, 2010 applies, that is in good standing under the Act and whose primary objective is to provide housing; ii.A corporation without share capital to which the Canada Not-for-profit Corporations Act, 2009, applies, that is in good standing under that Act and whose primary objective is to provide housing; or iii.A non-profit housing co-operative that is in good standing under the Co-operative Corporations Act, 1990. Section 1.0 Administration22 | Town of Aurora 1.An amendment to this by-law may be initiated by the Town or by an applicant. 2.In accordance with the Planning Act, applications to amend this by-law shall not be made before the fifth anniversary of the effective date of this by-law unless in compliance with Ontario Regulation 173/16, s. 17 (5). 3.Any amendment to this by-law shall: a)Be supported by a comprehensive planning rationale and complete Official Plan Amendment Application, as required, with the context of the planned vision for all the lands within the area, subject to the by-law; and b)Provide an engagement plan including details for providing public notification, open houses, and statutory public meetings in accordance with the Planning Act. 4.The planning rationale to support any amendment to this by-law must evaluate the application in the context of the goals, objectives, guiding principles, and intent of this by- law and conformity with the Official Plan, as amended, and applicable provincial plans. 1.21 Amendments to this By-law 1.22 Existing Holding Provisions 1.Where lands were deemed to be subject to a Holding provision by way of a by-law passed pursuant to Section 36 of the Planning Act on the effective date of this by- law, the conditions associated with the application Holding provisions shall be deemed to continue to apply. 2.Where there is a conflict between the provisions of this by-law and the specific provisions or conditions of any by-law imposing a holding provision, the specific by-law imposing a Holding provision shall prevail. 1.Where the Town deems it necessary to apply a Holding provision for any lands approved for development under this by-law, an (H) symbol will be applied to the lands. 2.The land shall be released from the holding provision when appropriate conditions are met, including matters related to but not limited to: a)Servicing capacity and allocation; b)Phasing; c)Infrastructure requirements; d)Transportation and parking requirements; e)Environmental remediation or site concerns; f)Natural feature restoration; and/or g)The completion of relevant studies, or other matters. 3.The Town retains the ability, in its sole discretion, to assign and release Holding provisions. 1.23 Applying Holding Provisions Downtown Community Planning Permit By-lawTown of Aurora | 23 1.A lot in existence prior to the effective date of this by-law that does not meet the minimum lot area or lot frontage requirements of the applicable area is permitted to be used and buildings and structures thereon be erected, enlarged, rebuilt, repaired, or renovated, provided the use conforms with this by-law and the buildings and structures comply with all other provisions of this by-law. 1.25 Existing Uses 1.Nothing in this by-law shall apply to prevent the use of any land, building or structure for any purpose prohibited by the by-law if such land, building, or structure was lawfully used for such purpose prior to the effective date of this by-law, so long as it continues to be used for that purpose. 1.25.1 Legal Non-conforming Uses 1.25.2 Existing Non-complying Buildings and Lots 1.The boundaries of this by-law area shown on Schedule A can be adjusted by the Approval Authority on a minor case-by-case basis on account of lot consolidation of certain lands abutting the by-law area provided that the majority of the land holdings are contained within the by- law boundary. 2.In the event of a minor adjustment per the above case, a Class 3 application will be required, in addition to other potential planning application, by the Town. 1.24 Lot Consolidation 2.A non-complying building or structure which existed legally prior to the effective date of this by-law may be enlarged, repaired, renovated, or reconstructed, provided that the enlargement, repair, renovation, or reconstruction does not further encroach into a required yard. Additional review and permit approval may be required at the discretion of the Approval Authority. 1.26 Allocation of Municipal Parking 1.Where a development proposal would acquire existing municipal public parking to erect a building or structure, applicants shall enter into an agreement with the Town to secure and/or allocate public parking within the parking areas or parking structures provided through the development. Section 1.0 Administration24 | Town of Aurora INTERPRETATION 2 .0 2.1 Interpretation 2.2 Legislation 2.3 Conflict 2.4 Downtown Mixed-Use Zone 2.5 Site Specific Exemptions 2.6 Figures, Diagrams, and Images 2.7 Defined Terms 2.8 Rounding 2.1 Interpretation 1.The interpretation rules set out in Section 2.0 apply to all by-law provisions herein, unless the text of the by-law expressly states otherwise. 2.2 Legislation 1.Wherever legislation is referenced in this by-law, the reference is meant to include all applicable amendments to the legislation and successor legislation thereto, as well as all regulations or other secondary legislation that is passed in accordance with the referenced statute. 2.3 Conflict 1.In the event of any conflict between this by-law and any other by-law passed by the Town, the more restrictive provision prevails unless applicable law requires otherwise. 2.4 Downtown Mixed-Use Zone 1.This by-law establishes the following zone and places all lands subject to this by-law in the following zone: •DMU - Downtown Mixed-Use 2.4.1 Downtown Mixed-Use Zone a)Where the boundary is indicated as approximately following the edge of a lane allowance, the historic centre line of the lane shall be deemed to be the precinct boundary; b)Where the boundary is indicated as approximately following a lot line other than a street line, the lot line shall be deemed to be the precinct boundary; c)Where a public authority has expropriated part of a lot for the widening of a street, the boundary shall move such that it corresponds to the location of the new lot line; and d)Where none of the above provisions apply, the boundary or overlay boundary is to be scaled from Schedule A. 1.When determining the boundary of the Downtown Mixed- Use zone, as shown on Schedule A, the following provisions shall apply: 2.4.2 Downtown Mixed-Use Zone Citations 1.The citations will be described as a letter or a group of letters and labeled on the Schedule(s) of this by-law. The citations may be followed by a number, a suffix, or a number and a suffix. A prefix may be applied before the citation. 2.5 Site Specific Exemptions 1.Where a symbol shown on the Schedule(s) of this by-law contains a number, the number represents a site-specific provision that applies to the lands noted. 2.The regulations of the site-specific provision supersede any inconsistent regulations in the remainder of this by- law. Town of Aurora | 27 Downtown Community Planning Permit By-law 2.6 Figures, Diagrams, and Images 1.Figures, diagrams, and images in this by-law are for convenience of reference only, and do not form an operative part of this by-law and are not considered to be an integral part of this by-law. 2.7 Defined Terms 1.Bolded terms are defined in Section 4.0 of this by-law. Defined terms are intended to capture both the singular and plural forms of these terms. For non-bolded terms, the grammatical and ordinary meaning of the word applies. 2.8 Rounding 1.Unless otherwise states, the following shall apply in determining the rounding digit: a)For a provision shown as a whole number, the rounding digit is the first whole number left of the decimal place; b)For a provision shown to the first decimal place, the founding digit is the first digit right of the decimal place; and c)For a provision shown to the second decimal place, the rounding digit is the second digit right to the decimal place. 28 | Town of AuroraSection 2.0 Interpretation2.Unless otherwise stated, the following rules for rounding shall apply: a)Rule One: Determine your rounding digit and look to the digit right of it. If that digit is 0, 1, 2, 3, or 4, do not change the rounding digit and discard all digits that are right of the rounding digit. This is rounding down. b)Rule Two: Determine your rounding digit and look to the digit right of it. If that digit is 5, 6, 7, 8, or 9, add one to the rounding digit and discard all digits that are right of the rounding digit. This is rounding up. c)For either Rule One or Rule Two, if there is no digit right of the rounding digit, it is not necessary to round the number. Table 2.1: Rounding Example When Rounded to the: 25.368 25.504 25.967 First Whole Number 25 26 26 First Decimal Place 25.4 25.5 26.0 Second Decimal Place 25.37 25.50 25.97 GENERAL PROVISIONS 3 .0 3.1 Variations to General Provisions 3.2 Accessory Buildings and Structures 3.3 Additional Residential Units 3.4 Central Air Conditioning and Heat Pumps 3.5 Rooftop Mechanical Equipment 3.6 Outdoor Storage 3.7 Garbage Storage 3.8 Outdoor Patios 3.9 Affordable Housing 3.10 Community Levy 3.11 Lot Frontage 3.12 Bedrooms 3.13 Home Occupations 3.14 Bed and Breakfast 3.15 Accessibility 3.16 Amenity Area 3.17 Landscaped Open Space and Buffers 3.18 Daylight Triangles 3.19 Grade-Related Residential Units 3.20 Mid-Block Pedestrian Connections 3.21 Laneways 3.22 Heritage Buildings 3.23 Design 3.24 Private Parkland and Parkettes 3.25 General Provisions Notwithstanding Clause 3.26 Consideration for Town Policies 3.1 Variations to General Provisions 1.Any variations to a general regulation as outlined in Section 3.0 will be classified as Class 2 variations, subject to the review of the Approval Authority, and will require a Community Planning Permit Application, unless otherwise noted. 3.2 Accessory Buildings and Structures 1.The following regulations shall apply to accessory buildings and accessory structures: a)No accessory buildings or structures shall be used for human habitation, except as provided for in Section 3.3; b)An accessory building or structure shall be prohibited from the front yard; c)An accessory building or structure may be located in a yard other than a front yard or required exterior side yard on a lot provided that: a)The accessory building or structure is setback 1.0 meter from any lot line; d)The maximum lot coverage for an accessory building or structure shall not exceed 7.5 per cent; e)The maximum total ground floor area of all accessory buildings or structures is 34.5 square meters; f)The maximum height of an accessory building or structure is 3.5 meters; and g)An accessory building or structure shall be detached from the principal building. 3.3 Additional Residential Units 1.Additional residential units shall only be permitted in a townhouse dwelling unit. 2.The following provisions shall apply to additional residential units: a)Parking space for additional residential units may be provided as a tandem parking space in the driveway at a one-to-one rate; b)The additional residential unit shall be connected to municipal sanitary services and municipal water services; and c)The maximum number of additional residential unit permitted on a lot is 2.0. 3.Notwithstanding subsection 1 and 2 of Section 3.3, an additional residential unit shall be permitted on any existing legal non-conforming lots with a detached building or semi-detached buildings. 4.Notwithstanding subsection 1 and 2 of Section 3.3, a maximum of 2 additional residential units shall be permitted on lots with legal non-conforming detached building and semi-detached buildings. 3.4 Central Air Conditioning and Heat Pumps 1.Notwithstanding the provisions of Section 3.2, in the Downtown Mixed-Use Zone: a)Central air conditioners and/or heat pumps shall only be permitted in rear yard and side yards for townhouse dwelling units and set back from any sidewalks and appropriately screened, as determined by the Director. Town of Aurora | 31 Downtown Community Planning Permit By-law 1.An outdoor patio must be combined with one of the following uses and be located on the same lot or an abutting lot: a)Club; b)Restaurants; and c)Retail Store. 2.Notwithstanding the provisions in this by-law, the following shall apply to an outdoor patio of a restaurant or licensed establishment: a)Outdoor patios located in the front yard shall be enclosed by a fence with a maximum height of 1.2 meters above surface of the patio floor; b)Outdoor patios located in the interior side yard, exterior side yard, or rear yard shall be enclosed by a fence with a maximum height of 2.5 meters above the surface of the patio floor; and c)Outdoor patio spaces shall be setback a minimum of 1.0 meter from any loading space, parking space, parking aisle, or driveway. 3.An outdoor patio may be used to provide entertainment such as performances, music, and dancing, provided that the outdoor patio is not located above the first storey of the building. b)Central air conditioners and/or heat pumps in mixed-use buildings and apartment buildings shall be roof mounted and appropriately screened, as determined by the Director. 3.5 Rooftop Mechanical Equipment 1.Notwithstanding the provisions of Section 3.2 in the Downtown Mixed-Use Zone: a)Rooftop mechanical equipment shall be set back a minimum of 3.0 meters from the building edges; b)Rooftop mechanical equipment shall not exceed a height of 3.0 meters, except elevator penthouses, which shall not exceed 5.0 meters; and c)Rooftop mechanical equipment shall be screened with solid screening design to complement materials used for the building’s façade(s). 3.6 Outdoor Storage 1.An outdoor storage area is not permitted in any part of the Downtown Mixed-use Zone. 3.8 Outdoor Patios 3.7 Garbage Storage 1.No garbage or refuse shall be stored on any lot except within the building or structure on such lot or in a container in the rear yard of such lot. 2.All garbage or refuse storage area shall be screened from any street and from any adjacent lot. 3.9 Affordable Housing 1.A minimum of 25 per cent of all new residential development within this by-law area shall meet the definition of affordable dwelling units. 32 | Town of AuroraSection 3.0 General Provisions 2.Affordable dwelling units shall be provided for a minimum of 25 continuous years, commencing on the date that a tenant first occupies the affordable dwelling unit. 3.Affordable dwelling units shall be similar to market units in the development in terms of mix, type, and size. 4.Notwithstanding subsection 1, 2 and 3 of Section 3.9, affordable dwelling units shall not be required with respect to a: a)Development or a change in use of a building or structure intended for use as a long-term care home inclusive of a group home within the meaning of subsection 2(1) of the Long-Term Care Homes Act, 2007; b)Development or a change in use of a building or structure intended for use as a retirement home within the meaning of subsection 2(1) of the Retirement Homes Act, 2010; and c)Development or a change in use of a building or structure intended for use as a hospice to provide end-of-life care. 3.10 Community Levy 1.All new developments are anticipated to provide a Community Levy in lieu of a Community Benefits Charge, at the rate outlined in Table 1.3. 2.Notwithstanding the provision above, a Community Levy shall not be required with respect to a: a)Development or a change in use of a building or structure intended for use as a long-term care home inclusive of a group home within the meaning of subsection 2(1) of the Long-Term Care Homes Act, 2007; b)Development or a change in use of a building or structure intended for use of as a retirement home within the meaning of subsection 2(1) of the Retirement Homes Act, 2010; c)Development or a change in use of a building or structure intended for use as a hospice to provide end-of-life care; d)Development or change in use of a building or structure intended for use by any of the following post-secondary institutions for the objects of the institution: i.A university in Ontario that receives direct, regular, and ongoing operating funding from the Government of Ontario; ii.A college or university federated or affiliated with a university described in subparagraph (i); or iii.An Indigenous Institute prescribed for the purposes of Section 6 of the Indigenous Institutes Act, 2017. Town of Aurora | 33 Downtown Community Planning Permit By-law e)Development or a change in use of a building or structure intended for use as residential premises by any of the following entities: i.A corporation to which the Not-for-profit Corporations Act, 2010 applies, that is in good standing under the Act and whose primary objective is to provide housing; ii.A corporation without share capital to which the Canada Not-for-profit Corporations Act, 2009, applies, that is in good standing under that Act and whose primary objective is to provide housing; or iii.A non-profit housing co-operative that is in good standing under the Co-operative Corporations Act, 1990. 3.Where development proposes multiple uses within a building and the owner has provided satisfactory evidence to the Director, or Approval Authority, that it includes one or more of the excluded types of development or change in use described in subsection 2 of Section 3.10, a Community Levy otherwise payable for the development will be reduced by an amount attributed by the Town to the excluded type of development or change in use. 3.11 Lot Frontage 1.No person shall erect or use any building or structure in the by-law area unless the lot upon which such building or structure to be erected fronts upon a public street or private street, or has legal access to a public street. 3.12 Bedrooms 1.With the exception of a bedroom(s) identified on a building permit, the use or conversion of any habitable floor space in whole or in part as a bedroom shall be prohibited except where a Community Planning Permit amendment is obtained from the Town authorizing such use in accordance with applicable law. 3.13 Home Occupations 1.Home occupations may be permitted in townhouse buildings, apartment buildings, and mixed-use buildings in compliance with the following regulations: a)It shall be conducted entirely within the dwelling unit or permitted accessory building or structure; b)The property is the principal residence of the person carrying on the home occupation use; c)There shall be no mechanical equipment used or stores except where originally used for domestic purposes; d)No more than one person not resident in the dwelling unit shall be employed in the home occupation; e)A home occupation shall be clearly secondary to the main residential use of a building and shall not change the residential character of a dwelling unit; f)No outside storage of goods, materials, equipment, or service vehicles, such as trailers and commercially licensed vehicles related to the home occupation use, shall be permitted; 34 | Town of AuroraSection 3.0 General Provisions g)An adequate water supply and sewage disposal facilities are available for the home occupation, and the requirements of the Ontario Building Code are satisfied; h)Not more than 25 per cent of the gross floor area of the dwelling shall be used for the purpose of home occupation use, and in no case shall the home occupation exceed 45 square meters; and i)Where a townhouse building contains an additional residential unit and is permitted to have a home occupation, the home occupation shall be permitted in only one unit. 3.14 Bed and Breakfast 1.Bed and breakfast establishments shall be prohibited in: a)Apartment buildings; b)The residential units of a mixed-use building; and c)Stacked townhouse buildings. 2.All bed and breakfast establishments are subject to the Town’s Short-Term Rental By-law. 3.16 Amenity Area 1.Any proposed development with more than 20 dwelling units shall provide a minimum amenity area of 3.0 square meters per dwelling unit on the same lot for which it is required. 2.Apartment buildings and mixed-use buildings shall provide a minimum amenity area of 3.0 square meters per dwelling unit, provided a minimum of 50% of the required amenity area is provided as an interior amenity space. 3.Any landscaped open space provided through a development shall be included as part of the amenity areas of a development. 4.Rooftop amenity areas for apartment buildings or mixed-use buildings shall be located a minimum of 2.0 meters from the roof edge facing an interior side yard. 5.Notwithstanding the provisions above, the Director, or Approval Authority, may consider alternative amenity area requirements determined as appropriate for the development. 3.15 Accessibility 1.All dwelling units shall conform with the Town’s accessibility policies, including those outlined in the Official Plan, as amended. 3.17 Landscaped Open Space and Buffers 1.Multi-unit developments are encouraged to provide an un-obstructed landscaped open space solely for supporting tree plantings, shrubs, flowers, grass, or other such vegetative elements, where possible. 2.Landscaped buffers are intended for screening purposes, in accordance with the following provisions: a)A minimum 3.0 meter wide continuous landscaped buffer for any side yard and rear yard that as a frontage of 15.0 meters or more. Town of Aurora | 35 Downtown Community Planning Permit By-law b)A minimum 2.0 meter wide continuous landscaping buffer for any side yard and rear yard that is less than 15.0 meters. 3.Notwithstanding the policies of subsection 2 of Section 3.17, developments that have an existing 0 meter setback shall not be required to provide landscaping buffers. 3.18 Daylight Triangles 1.On any first storey of a corner lot, no fence, hedge, shrub, bush or tree or any other structure or vegetation shall be erected or permitted to grow to a height greater than 1.0 metre above the grade of the streets that abut the lot within the daylight triangle area enclosed by the intersecting street lines for a distance of 6.0 meters from their point of intersection. 3.20 Mid Block Pedestrian Connections 1.New developments are encouraged to incorporate mid block pedestrian connections to provide additional public realm frontage for shops, restaurants, and other businesses. Mid block pedestrian connections are encouraged west and east of Yonge Street and along internal blocks. 2.Mid block pedestrian connections shall be a minimum of 8.0 meters wide where new developments are proposed. 3.New developments and redevelopments should frame and enliven mid-block pedestrian connections with storefronts, grade-related residential units, and/or other active uses. 3.19 Ground-Related Residential Units 1.Where townhouse buildings are proposed along the side streets of the Downtown Mixed-use Zone, the ground floor shall be elevated a minimum of 1.0 meter. 2.Where a front porch is proposed and encroached into the required minimum setback, the front porch shall be elevated and set back a minimum of 2.0 meters from the sidewalk and partially screened with a low wall, metal rail, or coniferous hedge for privacy, in accordance with the Town’s Fence and Pool Enclosure By-law, as amended. 3.21 Laneways 1.Rear lanes shall be developed to reduce the need for private driveways. 2.Developments adjacent to areas identified as part the land required for the laneway connection shall implement the laneway connections in conjunction with development. 3.22 Heritage Buildings 1.Any development on a designated heritage buildings shall fully comply with the respective heritage designation by-law for the property. 36 | Town of AuroraSection 3.0 General Provisions 6.Windows should be vertically aligned from floor-to-floor and horizontally aligned with the neighbouring designated heritage buildings. 7.Architectural articulation and details and the pallet of materials and colours should be chosen to respond to the existing designated heritage buildings and respect the established physical character of the streetscape. 1.Building materials should complement the established physical character of the Downtown streetscape. 2.Developments should utilize long-lasting, high-quality building materials, such as brick, stone, and wood, which are long lasting and wear well with age. 3.Developments, whenever possible, should source local materials with low embodied carbon across the construction lifecycle. 4.Building materials that mimic other materials, or which deteriorate quickly and does not have a long lifespan, are not durable and prone to weathering are strongly discouraged, especially where visible from streets and public spaces. This includes materials like, but not limited to, stucco, vinyl siding, plywood, concrete block, metal siding, embossed face brick panels, and darkly tinted and mirrored glass. 5.In general, building materials should be chosen for their functional and aesthetic quality, and exterior finishes should exhibit quality of workmanship, sustainability, and ease of maintenance. 3.23 Design 1.To ensure compatibility with the existing character of the Downtown, developments shall demonstrate consideration to the general urban design and architectural policies outlined in the Town of Aurora Official Plan, as amended. 3.23.1 Building Design 1.Building façades should have detailed architectural articulation to create visual interest along the street and public realm through colour and material variations, windows, changes in roof line, projecting and recessing wall surfaces, lighting and signage and other architectural elements and detailing such as cornices, dormers, columns, and pilasters. 2.Developments should respect the pattern of façade division by ensuring the horizontal and vertical architectural orders are aligned with neighbouring designated heritage buildings. 3.Developments with façades that overlook streets, and the public realm should include entries and a sufficient amount of windows that are proportionate to the size of the façades and consistent with the established pattern of the block. 4.Side façades and rear façades visible from the street should have windows, materials, and other architectural details consistent in character and quality with the front façade. 5.False windows, heavily tinted windows, or windows that are covered by signage, photos, or advertising are discouraged. 3.23.2 Building Materials Town of Aurora | 37 Downtown Community Planning Permit By-law c)Signage shall be illuminated externally by gooseneck lighting. 1.Private parklands and parkettes or parkland dedication fees may be required as part of conditional approvals for all Community Planning Permit application class. 2.Private parklands and parkettes considered as part of the parkland dedication requirement must allow for an easement for public access. All private parklands and parkettes shall be designed and maintained by the owner, to the satisfaction of the Town. 3.Private parklands and parkettes must be of a high quality of design and developed to recognize their unique function and their surrounding context. 4.The inclusion of seating, planting areas, public art, and other visual amenities are strongly encouraged. 5.Notwithstanding the provisions above in this section, private parkland and parkettes shall not be required, but are highly encouraged, with respect to: a)Development or a change in use of a building or structure intended for use as a long-term care home inclusive of a group home within the meaning of subsection 2(1) of the Long-Term Care Homes Act, 2007; b)Development or a change in use of a building or structure intended for use as a retirement home within the meaning of subsection 2(1) of the Retirement Homes Act, 2010; 6.Developments, whenever possible, should employ a hierarchy of materials with solid or “heavier” materials located within the lower building to visually anchor the building. 3.23.3 Storefront Design and Materiality 1.In addition to Section 3.23.1and Section 3.23.2, storefronts shall also adhere to the following provisions: a)A storefront shall have a minimum frontage of 4.5 meters and a maximum of 15.0 meters; b)A storefront with a frontage greater than 7.5 meters should articulate narrow storefronts in the design of the façade; c)Storefronts shall have a high-level of transparency, with a minimum of 75 per cent glazing to maximize visual animation; d)Clear glass should be used for wall openings (e.g., windows and doors) along the street-level façade; and e)On corner sites, storefronts shall address both street frontages through entries and/or glazing. 2.Commercial signage on storefronts shall be in accordance with the provisions outlined in the Town’s Sign By-law and Sign Permit requirements and adhere to the following provisions, to the satisfaction of the Town: a)Signage shall not feature any backlighting or neon lighting; b)Signage shall be constructed with raised lettering; and 3.24 Private Parkland and Parkettes 38 | Town of AuroraSection 3.0 General Provisions f)Place of worship; and g)Public hospitals. 1.Notwithstanding the Section above, the Director, or Approval Authority, may consider alternative requirements and variations determined as appropriate for the development. c)Development or a change in use of a building or structure intended for use as a hospice to provide end-of-life care; d)Development or change in use of a building or structure intended for use by any of the following post-secondary institutions for the objects of the institution: i.A university in Ontario that receives direct, regular, and ongoing operating funding from the Government of Ontario; ii.A college or university federated or affiliated with a university described in subparagraph (i); or iii.An Indigenous Institute prescribed for the purposes of Section 6 of the Indigenous Institutes Act, 2017. e)Development or a change in use of a building or structure intended for use as residential premises by any of the following entities: i.A corporation to which the Not-for-profit Corporations Act, 2010 applies, that is in good standing under the Act and whose primary objective is to provide housing; ii.A corporation without share capital to which the Canada Not-for-profit Corporations Act, 2009, applies, that is in good standing under that Act and whose primary objective is to provide housing; or iii.A non-profit housing co-operative that is in good standing under the Co-operative Corporations Act, 1990. 3.25 General Provisions Notwithstanding Clause 1.All developments shall demonstrate consideration for all Town guidelines and policies, including but not limited to urban design and architectural policies, community energy guidelines, and parkland dedication criteria to the satisfaction of the Approval Authority prior to the Community Planning Permit issuance. 3.26 Consideration for Town Policies Town of Aurora | 39 Downtown Community Planning Permit By-law DEFINITIONS 4 .0 A detached building or structure which is naturally and normally incidental, subordinate, and exclusively devoted to the principal use or building which is located on the same lot. A Accessory Building or Structure Additional Residential Unit A self-contained residential dwelling unit, with its own cooking facility, sanitary facility and sleeping area, and that it is located either within the principal dwelling, or within an accessory building or structure on the same lot as the principal dwelling. Amenity Area An area which is designed and intended to be used as a passive or an active recreational space for the residents of a dwelling unit and may include a private outdoor living area. Approval Authority The Director of Planning and Development Services of the Town, or their designate, and any successor position thereto or the Council of the Corporation of the Town of Aurora. Art Gallery A premise used for any combination of the preservation, production, exhibition, or sale of sculptures, paintings, photographs, or other works of art. B A raised, unenclosed, or partially enclosed platform projecting from the face of a wall, cantilevered or supported by columns or brackets and usually surrounded by a balustrade or railing, and is only directly accessible from within a building. Balcony A habitable room within a dwelling unit that is not: a)An area used for sanitary purposes; b)An area used for cooking purposes: c)An area occupied by mechanical equipment(s); d)A common area space; e)A circulation space; f)A room without a window or alternative source of natural light; g)A room with less than six (6) square meters in area where there are built-in cabinets and or closets; and h)A room with less than seven (7) square meters in area where there are no built-in cabinets and or closets. Bedroom The portion of a building below the first storey. Basement Town of Aurora | 41 Downtown Community Planning Permit By-law A dwelling unit wherein not more than three (3) rooms are rented for accommodation of the travelling public on a temporary basis with or without meals. Bed and Breakfast Any structure, regardless of size, whether temporary or permanent, consisting of a wall, roof, and floor, or a structural system serving the function thereof, and every part of the structure is attached thereto. Building A building containing four (4) or more dwelling units which units are connected by a common corridor or vestibule and have a common entrance from the street level. Building, Apartment A building containing one (1) or more dwelling units and one (1) or more non-residential uses other than home occupations and parking spaces. Building, Mixed-Use The vertical distance measured between the average finished grade of a building and the top of such building, and: a)On a flat roof or a structure with no roof, the highest point of the structure, roof surface or the parapet, whichever is the greater; b)On any sloped roof, the mean distance between the eaves and ridge of a roof. Building Height A line lying within a lot drawn parallel to a lot line for the purpose of establishing the minimum front yard setback. Building Line This Downtown Community Planning Permit By-law and any amendments thereto including any and all schedules forming any part of this by-law. By-law C A building or part thereof used by medical practitioners, dentists, osteopaths, physicians, or drugless practitioners, having treatment rooms and facilities for two (2) or more practitioners to provide diagnosis and treatment to patients but which does not provide overnight accommodations. Clinic A premise used by members and guests of members of nonprofit and non-commercial organizations for community, social, or cultural purposes, but does not include uses that are carried out as a commercial enterprise. Club The Council of the Corporation of the Town of Aurora. Council 42 | Town of AuroraSection 4.0 Definitions A licensed premised used for the provision of temporary care or supervision of children, for a continuous period not exceeding 24 hours, in accordance with the Child Care and Early Year Act, 2014, as amended. Day Care Centre A home occupation providing temporary care or supervision of children, for a continuous period of time not exceeding 24 hours, including licensed day care in accordance with the Child Care and Early Years Act, 2014, as amended. Day Care, Private Home An area open and clear to the skey which area is to be determined by measuring, from the point of intersection of street lines on a corner lot, the distance required by this by- law along each such street line and joining such points with a straight line. The triangular-shaped land between the intersecting street lines created by the straight line joining the points at the required distance along the street lines. Daylight Triangle A building or structure that is designated by the Town under Part IV of the Ontario Heritage Act or within a Heritage Conservation District designated under Part V of the Ontario Heritage Act. Designated Heritage Property Any action that results in the creation of a new lot, a change in land use, or the construction of buildings and structures, requiring approval under the Planning Act, but does not include: a)Activities that create or maintain infrastructure authorized under an environmental assessment, Planning Act, or Condominium Act process; or b)Works subject to the Drainage Act. Development The Director of Planning and Development Services of the Town, or their designate, and any successor position thereto. Director A building or structure or part thereof consisting of dwelling units or lodging accommodations used for the housing of students, and/or staff with common facilities for the preparation and consumption of food and common amenity area. Dormitory A building or structure or part thereof where goods, food, or services are offered to the public within a parked or stationary motor vehicle by way of a service window or kiosk, where goods, money, or materials are exchanged in a designated stacking lane. Drive-Through Facility D Town of Aurora | 43 Downtown Community Planning Permit By-law A vehicular accessway provided between the property line and a parking space, parking area, or loading area, garage, or between two parking areas. Driveway A premise used for the receiving, and delivery of articles or goods of fabric to be cleaned in a dry-cleaning establishment. Dry-Cleaning Distribution Station or Depot A building where dry cleaning, dry dyeing, cleaning, or pressing of articles or fabric by means of dry-cleaning machines or units and may include a laundromat. Dry-Cleaning Establishment One (1) or more rooms used or intended to be used by one or more persons as a single, independent, and separate housekeeping establishment subject to the following conditions: a)Food preparation and sanitary facilities are provided for the exclusive use of such person or persons; and b)There is a private entrance to the dwelling unit from outside the building or from a common hallway or stairway inside the building. Dwelling Unit In the case of ownership housing, affordable dwelling units are housing for which the purchase price results in annual accommodation costs not exceeding 30% of gross annual household income for low- and middle-income households as identified by the Canada Mortgage and Housing Corporation, or any successor thereof. In the case of rental housing, affordable dwelling units are units for which the rent is at or below 125% of the average market rent of a unit in the regional market area, by bedroom types, as identified by the Canada Mortgage and Housing Corporation, or any successor thereof. Dwelling Unit, Affordable A building that is divided vertically into six (6) or more dwelling units by a common rear wall each of which has an independent entrance directly to an outside yard area adjacent to the said dwelling unit. Dwelling Unit, Back-to-Back Townhouse A building that is divided vertically into three (3) or more dwelling units on a lot in such a way that at least one (1) dwelling unit does not have legal frontage on a street. Dwelling Unit, Cluster Townhouse A building that is divided vertically into three (3) or more dwelling units, where each dwelling unit is located on a separate lot and has legal frontage on a street. Dwelling Unit, On-street Townhouse 44 | Town of AuroraSection 4.0 Definitions A building that is divided vertically and/or horizontally into three (3) or more dwelling units, each of which has independent entrances from the exterior. Dwelling Unit, Stacked Townhouse A building that is divided vertically into three (3) or more dwelling units, each of which has independent entrances to a front yard and rear yard immediately abutting the front wall and rear walls of each dwelling unit. Dwelling Unit, Townhouse The date on which this by-law was passed by Council, or in the case of any part of this by-law which, on appeal, is amended by an order of the Ontario Land Tribunal pursuant to Section 34(26) of the Planning Act, on the day of coming into force of such order. Effective Date To build, construct, reconstruct, alter, or relocate, any existing building or structure and includes excavating, grading, piling, cribbing, filling, shoring, draining, and any preliminary physical operation on a lot. Erect A premise where financial transactions including the borrowing, depositing, enhancing of current and credit occurs, and includes an automated banking machine. Financial Institution The average elevation of the finished surface of the ground, excluding any artificial embankment, immediately adjoining the base of the exterior walls or supports of a building or structure. Finished Grade A premise operated for gain or profit, where facilities and activities are provided to obtain physical fitness and includes weightlifting and exercise equipment, and may include exercise classes, personal fitness training and associated facilities such as lounge facilities, sauna, and office space. Fitness Centre The floor area of a building measured from the center line of partition walls and from the exterior face of outside walls. Floor Area, Gross E Existing as of the date of the final passage of this by-law. Existing F G An enclosed, detached accessory building or structure or an enclosed portion of a residential building being used for the parking of motor vehicles. Garage Town of Aurora | 45 Downtown Community Planning Permit By-law An extension of an above grade roof on top of a building or structure, which allows vegetation to grow on top. Green roofs may act as a common amenity area while also providing a stormwater function and other environmental benefits. Green Roof A premise used for specialized or group accommodation for residents with 24-hour supervision that is licensed, approved, or supervised by the Province of Ontario under a general or specific Act, but does not include a day care centre. Group Home A unit within a principal dwelling which contains no facilities for cooking and is used for the purpose of providing temporary accommodation to guests of the residents/tenants of the dwelling unit and excludes bed and breakfast, hotels, and group homes. Guest Suite An occupation which is conducted as an additional use carried out within a residential dwelling unit by a person who is the occupant of such dwelling unit. Home Occupation A premise where terminally ill patients receive palliative care treatment in a home-like setting. Hospice Any institutions, building, or other premises established for the maintenance, observation, medical care, and supervision and skilled nursing care of persons afflicted with or suffering from sickness, disease, or injury for the convalescent or chronically ill persons under The Private Hospital Act, 1990, as amended, or The Public Hospitals Act, 1990, as amended. Hospital A premise which offers transient lodging accommodations on a daily rate to the general public, and includes a motel. A hotel does not include a bed and breakfast. Hotel H An area in a residential or mixed-use building or the like, including a hotel or bed and breakfast, which is designed to be used for living, sleeping, or the preparation of food. Habitable Floor Space The land that is used for the transmission and distribution of electricity. Hydro Corridor 46 | Town of AuroraSection 4.0 Definitions An area of land consisting of soft landscaping such as grass, flowers, trees, and shrubbery, and can include a fence. Landscaped Buffer Land that contributes towards stormwater management, tree canopy cover, and biodiversity by being used for the growth and maintenance of grass, flowers, trees, shrubbery, natural vegetation, and native species. Landscaped Open Space A right-of-way not intended for general traffic circulation that provides motor vehicle access to abutting lots but does not include a private street or public street. Lane A building, structure, or part thereof, operated by or on behalf of a public authority, containing materials in various mediums for study, reference, and reading. Library An area, whether interior or exterior to a building, which is provided and maintained upon the same lot as a permitted use that is used for loading and unloading merchandise or materials. Loading Space A premise licensed regulated by the Ontario Long-Term Care Homes Act, 2007, as amended, that provides residential accommodations and a broad range of personal care, support, and health services to meet the physical, psychological, social, spiritual, and/or cultural needs of persons. Long-Term Care Home A parcel of land, the whole of which can be transferred without approval for consent or approval of a plan of subdivision, pursuant to the Planning Act. Lot A premise used for the cleaning of articles or goods made of fabric by means of laundry machines using only water and non-toxic detergents and includes a self-service laundry and a laundry receiving depot. Laundromat A lot situated at the intersection of and abutting two (2) or more streets or two (2) parts of the same street provided that the angle of the intersection of such streets or parts thereof is not more than 135 degrees. Lot, Corner L A premise, including restaurants and nightclubs, that sells, provides, or serves, liquor, wine, spirits, beer, and any combination thereof pursuant to a license issues by the Alcohol and Gaming Corporation of Ontario or a successor agency/board thereto. Licensed Established Town of Aurora | 47 Downtown Community Planning Permit By-law A lot other than a corner lot or a through lot. Lot, Interior A lot bounded on two (2) opposite sides by streets. Lot, Through The total horizontal area within the lot lines of a lot. Lot Area The lot line abutting a street that is not the front lot line or rear lot line on a corner lot. Lot Line, Exterior Side The lot line abutting a street, but, in the case of a corner lot with two street lines of equal length, the lot line which abuts the wider street shall be deemed to be the front lot line. Lot Line, Front The lot line most opposite to the front lot line. Lot Line, Rear Any lot line other then a front lot line or rear lot line. Lot Line, Side The percentage of a lot covered by all buildings and structures, but excluding decks attached to the main building, balconies, steps, and any part of a building which is completely below grade. Lot Coverage The average horizontal distance between the side lot line measured at right angles to the defined line indicating lot depth. Lot Width The horizontal distance between the front lot line and rear lot line measured by a line joining the mid-points of the said lot lines. Lot Depth The horizontal distance measured between the side lot lines, measured at a point 7.5 meters back from the intersection of the side lot line and the front lot line. Lot Frontage Any boundary of a lot. Lot Line M The building used for the principal use of a lot. Main Building 48 | Town of AuroraSection 4.0 Definitions An open space in a parking area which is immediately adjacent to a parking space, is used for and/or is necessary for turning, backing, or driving forward a motor vehicle into such parking space but is not used for the parking or storage of motor vehicle. Manoeuvring Space A vehicle that is propelled or driven by other than muscular power and includes automobiles, trucks and motorcycles, however, does not include railway cars or other vehicles running only upon rails, motorized snow vehicles, farm tractors, riding lawn mowers or road building machines. Motor vehicle also does not include a bicycle or any other device powered solely by means of human effort. Motor Vehicle A building or part of a building used for the retail sale of lubricating oils and gasoline and may include the sale of automobile accessories, and the servicing and minor repairing essential to the actual operation of motor vehicles. Motor Vehicle Service Station A premise where new and/or used motor vehicles are kept for display, lease or sale, and may include an associated motor vehicle repair garage. Motor Vehicle Sales Establishment A building or part thereof used for the operation of automobile washing equipment which is automatic, semiautomatic, manually and/or coin operated. Motor Vehicle Washing Establishment Two or more residential buildings on the same lot but does not include an accessory structure used as a separate residential dwelling. Multi-Unit Development A premise used for the repair and/or painting of the interior and/or exterior and/or the undercarriage of motor vehicle bodies. Motor Vehicle Body Shop A premise open to the public, in which a collection of objects illustrating science, art, history, and related types of information is kept for display and storage. Museum A premise used for the rental or hire of motor vehicles. Motor Vehicle Rental Establishment A premise used for the repair, maintenance and/or cleaning of motor vehicles, but does not include the sale of gasoline or a motor vehicle body shop. Motor Vehicle Repair Garage Town of Aurora | 49 Downtown Community Planning Permit By-law A lot, building, or structure that does not meet the requirements of this by-law for the by-law area in which the lot, building, or structure is located. Non-complying A use that does not conform to the permitted use provisions of this by-law for the by-law area in which such a use is located. Non-conforming Any area outside of a restaurant or licensed establishment used or design to be used by their patrons. Outdoor Patio An outdoor area used in conjunction with an established use located on the same lot, for the storage of goods, materials, machinery, and/or equipment. Outdoor Storage Area An area of public land consisting of landscaped open space or other open area which is used for active or passive recreation. Park An area of land provided and maintained upon the same lot or lots as the principal use. Parking, Area A premise used for conducting the affairs of businesses, professions, services, agencies, governments or like activities. Office A parking space designed and signed for the exclusive use of motor vehicles pursuant to the Accessibility for Ontarians with Disabilities Act, 2005. Parking, Barrier Free The Official Plan of the Town, as amended. Official Plan An area of land, used in conjunction with a business located within a building or structure on the same lot, for the display or sale of products, merchandise or supply of services, but does not include a motor vehicle sales or rental establishment. Outdoor Display and Sales Area N O P Area for the purpose of parking and securing bicycles. Parking, Bicycle 50 | Town of AuroraSection 4.0 Definitions A publicly or privately-owned parking space that provides access to equipment that supplies a source of electricity for charging electric vehicles. Parking, Electric Vehicle A premise, other than a street, used for parking of motor vehicles for a fee. Parking, Facility A parking space for the exclusive use of visitors to the building and/or structure. Parking, Visitor A space for the parking of a single motor vehicle, which has adequate access to permit ingress and egress of a motor vehicle to and from the space by means of a driveway, aisle, manoeuvring area, or similar area. Parking Space A premise used for the aesthetic care of persona and similar services such as a barber shop, hair dressing shop, beauty salon, nail salon, spa, tailor, and shoe repair. Personal Service Shop A premise used for the aesthetic care, animal day care, or training facility of animals or birds intended for the use as domestic household pets. Animal day care will not include overnight accommodation. Pet Services A parking space with one (1) or more parking spaces that are parallel to and abutting a street or lane. Parking, Parallel A premise devoted to the offering of facilities for the entertainment of the public, including a cinema or theatre, auditorium, public hall, bowling alley, billiard hall, proprietary club, arcade or indoor play area. Place of Entertainment A building, structure, or part thereof, used for the parking of motor vehicles. Parking, Structured A premise with a portion of a lot at grade and open to the air that is used for parking of motor vehicles. Parking, Surface A parking space with two (2) or more parking spaces which are located one behind the other, where only one (1) parking space has direct access to the street or lane. Parking, Tandem A structured parking that is fully enclosed below grade. Parking, Underground Town of Aurora | 51 Downtown Community Planning Permit By-law A premise owned or occupied by a religious organization or congregation which is dedicated exclusively to worship, faith- based teaching, fellowship, and related social and community outreach. Place of Worship The whole or part of lands, lots, buildings, structures, places, or any part or combination thereof. Premise The removal of a building or structure from land and the construction of a new building or structure on the said land or the rehabilitation and renewal of an existing building or structure. Redevelopment A premise in which food and beverages are prepared and offered for retail sale to the public for consumption at tables within the premise, outside of the building on a patio, or as take-out and may include a licensed establishment but does not include a nightclub. Restaurant A premise in which goods, wares, merchandise, substances, or articles are offered, rented, or kept for sale directly to the public. Retail Store The primary or predominant use of the lot. Principal Use A building or part thereof designed exclusively to accommodate retired persons or persons who require services in a semi-independent living environment, support and health services may be provided which may include medical care facilities, a long-term care facility, and accessory uses providing services to the residents. Retirement Home Any commission, committee, school board, department or agency of the Government of Canada, Province of Ontario, Regional Municipality of York, Town of Aurora, Lake Simcoe Regional Conservation Authority, Toronto Regional Conservation Authority, or the local hydro utility organization. Parking, Structured An apartment building or mixed-use building where the dwelling units are not a registered condominium pursuant to the Condominium Act, 1998, as amended, and which are intended for use as a rented residential premise. Purpose-built Rental Housing R 52 | Town of AuroraSection 4.0 Definitions An enclosed or partially enclosed area located on the roof of a building and containing equipment that functions to provide normal and everyday operation and maintenance of a building, and may include heating, cooling, ventilation, electrical, fire suppression, elevators, or stair towers. Rooftop Mechanical A premise operated as a school with teachings dedicated to a specialized skill, but shall not include a private school, public school, or post-secondary school. School, Commercial A premise whether conducted in conjunction with a retail store or not, used for servicing or repairing of personal items, electronics, and domestic appliances. Service Shops The distance between a lot line and the nearest wall of any building or structure. Setback The portion of a building that is situated between the top of any floor and the top of the floor next above it or situated between the top of the floor and the ceiling above the floor, if there is not floor above it. Storey A public university or college and may include as an accessory use a dormitory, restaurant, financial institutions, or a personal service shop. School, Post-Secondary The storey that has its floor closest to grade and having its ceiling more than 1.8 meters above average finished grade adjacent to the exterior walls. Storey, First A school other than a public school, post-secondary school, or commercial school, supported by private means, where academic subjects are taught. School, Private S A public or separate school, a high school, a continuation school, a technical school, a college or university or any other school established by a public authority and operated on a non-profit basis. School, Public A right-of-way or roadway providing access for vehicles to individual free hold lots and is maintained not by a public authority as a private road. Street, Private A right-of-way or roadway that is used by vehicles and is maintained by a public authority but does not include a public lane. Street, Public Town of Aurora | 53 Downtown Community Planning Permit By-law The lot line dividing a lot from a street and is the limit of the street allowance. Street Line Anything that is erected, built, or constructed, permanently or temporarily, of parts joined together and affixed to the ground, but excludes fences, signs, and retaining walls. Structure A premise used or dedicated to the pursuit or education of the arts or in which media broadcasts are produced. Studio A non-profit institutional establishment providing counselling, assistance, physical therapy, rehabilitation, and temporary emergency shelter for the victims of domestic or marital conflict or physical assault. Supportive Housing The Corporation of the Town of Aurora. Town T The purpose for which land or a building is arranged, designed, or intended or for which either land or a building or structure is or may be occupied or maintained. Use U A premise where domestic animals or birds, excluding livestock, are treated but not kept for overnight treatment or board. Veterinarian Clinic V An open, uncovered space on a lot between the nearest wall of the main building and a lot line. Yard Y The side yard of a corner lot which side yard extends from the front yard to the rear yard between the exterior side lot line and the nearest wall of any building or structure. Yard, Exterior Side A yard extending across the full width of a lot between the front lot line and the nearest wall of any main building or structure on the lot. Yard, Front A yard extending across the full width of a lot between the rear lot line and the nearest wall of any main building or structure on the lot. Yard, Rear A yard extending from the front yard to the rear yard of a lot between a side lot line and the nearest wall of any main building or structure on the lot. Yard, Side 54 | Town of AuroraSection 4.0 Definitions PARKING STANDARDS 5 .0 5.1 Parking Dimension Requirements 5.2 Tandem Parking 5.3 Required Manoeuvring Space 5.4 Allocation of Municipal Parking 5.5 Parking Rates 5.6 Parking Space and Parking Area Requirements 5.7 On Street Parking 5.8 Ingress and Egress 5.9 Parking Areas Requiring Less Than Five Spaces 5.10 Bicycle Parking 5.11 Barrier Free Parking Spaces 5.12 Loading Spaces and Servicing Areas 5.13 Vehicles Prohibited in the DMU Zone 5.14 Drive-Throughs Table 5.1: Manoeuvring Space Requirements Degree of Parking Space Maneuvering Space 90-degree spaces 7.0 meters 60-degree spaces 4.2 meters 45-degree spaces 4.2 meters Less than 45-degree spaces 3.6 meters 1.One single parking space and tandem parking space shall have the following minimum dimensions: a)Width of 2.7 meters; b)Length of 5.3 meters; c)Vertical clearance of 2.0 meters; and d)The minimum width in (b) must be increased by 0.3 meters for each side of the parking space that is obstructed according to subsection 3 of Section 5.1. 2.One parallel parking space shall have the following minimum dimension: a)With of 2.7 meters; b)Length of 6.5 meters; c)Vertical clearance of 2.0 meters; and d)The minimum width in (b) must be increased by 0.3 meters for each side of the parking space that is obstructed according to subsection 3 of Section 5.1. 3.The side of a parking space is obstructed if any part of a fixed object such as a wall, column, bollard, fence, or pipe is situated within 0.3 meters of the side of the parking space measured at right angles. 5.1 Parking Space Dimension Requirements 5.2 Tandem Parking 1.Where tandem parking spaces are permitted, it shall be considered as the required parking. 2.Notwithstanding the provisions of Section 5.3, tandem parking spaces do not require minimum manoeuvring space. 5.3 Required Manoeuvring Space 1.All single and parallel parking spaces shall have adequate provisions for manoeuvring space or driveway purposes as outlined in Table 5.1. 5.4 Allocation of Municipal Parking 1.See Section 1.26. 5.5 Parking Rates 1.Off street parking spaces must be provided for every building or structure erected or enlarged, in compliance with Table 5.2. 2.If there are multiple uses on a lot, the respective minimum parking space rates for each use on the lot shall apply, and the total number of parking spaces is the cumulative minimum total of all uses. 3.Notwithstanding the provisions above, the Director, or Approval Authority, may consider alternative parking rate requirements determined as appropriate for the development. Town of Aurora | 57 Downtown Community Planning Permit By-law Table 5.2: Parking Rate Use Minimum Parking Rate Residential Requirement for a Dwelling Unit in an Apartment Building or a Mixed-use Building None. Residential Requirement for a Dwelling Unit in a Townhouse 1.0 for each Townhouse unit. Residential Requirements for an Additional Residential Unit 1.0 for each additional residential unit1. Requirement for Long-term Care Home, Group Home, Supportive Housing, Retirement Home, or a Hospice Care Home/Facility 0.5 for each dwelling unit. Requirement for all non-residential uses 3.5 for each 100 square meter of gross floor area. Electric Vehicle Parking Requirement for a Dwelling Unit in an Apartment Building or a Mixed-use Building A minimum of 20 per cent of the total number of parking spaces provided must be Level 3 Electric Vehicle Parking ready, if parking spaces are provided. Electric Vehicle Parking Requirement for all non-residential uses A minimum of 10 per cent of total number of required parking spaces provided must be Level 3 Electric Vehicle Parking ready. Visitor Parking Requirement for a Dwelling Unit in an Apartment Building or a Mixed-use Building A minimum of 5 per cent of the total number of parking spaces provided or 0.1 per unit if no parking is provided for residents. 1 Tandem parking is permitted. 4.Where a development proposes reductions in required parking rate, the reductions are to be supported by the appropriate parking study in support of the proposal to the satisfaction of the Town. 5.6 Parking Space and Parking Area Requirements 1.All parking spaces and driveways shall be treated with a hard stable surface. 2.All parking area shall only be permitted in the rear yard, below grade, and/or in an above-grade parking structure that is integrated with other uses. 3.Driveways to any parking area, shall be defined by a curb of concrete or rolled asphalt. 58 | Town of AuroraSection 5.0 Parking Standards 4.Where a parking area has capacity for five or more cars, or a driveway serves a multi-unit development, no parking space manoeuvring area and/or driveway within a rear yard shall be closer to any wall of a building than 1.5 meters. 5.Where any side of a development fronts on Yonge Street, Wellington Street, or an open space, no driveways shall be permitted to onto Yonge Street, Wellington Street, or an open space. 6.All parking spaces for non-residential use must be clearly indicated and marked. 7.All above-grade parking structures should be screened or lined with other permitted uses to minimize the visual impact. 5.9 Parking Area Requiring Less Than Five Spaces 5.7 On Street Parking 1.All on street parking space legally existing prior to the effective date of this by-law shall be permitted. 5.8 Ingress and Egress 1.Driveways serving buildings shall not exceed 1.0 in number per lot. 2.Ingress and egress, to and from required parking spaces and areas shall be provided by means of unobstructed driveways. 3.Driveways may cross a required yard or a landscaped open spaces. 4.Driveways may have one or more one-way lanes. Each lane shall have a minimum width of 3.5 meters and a maximum width of 4.5 meters. 5.The interior angle of intersection between a driveway and a street line shall not be less than 60 degrees. 6.The minimum and maximum width of the driveway shall be measured along the street line. 1.The maximum width of a driveway or parking space shall be: a)3.5 meters if the lot frontage is less than 9.0 meters; b)6.0 meters if the lot frontage is greater than or equal to 9.0 meters and less than 18.0 meters; c)10.0 meters if the lot frontage is 18.0 meters or greater, with the exception that the maximum driveway width at the street line shall not exceed 6.0 meters; d)6.0 meters if located on the exterior side lot line where the lot frontage is less than 18.0 meters; or e)10.0 meters if located on the exterior side lot line where the lot frontage is 18.0 meters or greater, with the exception that the maximum driveway width at the street line shall not exceed 6.0 meters. 2.The minimum width of a driveway shall be 2.7 meters. 3.Only one driveway access point shall be permitted for each residential lot. 4.No motor vehicle shall be parked or stored in any yard except on a properly constructed, drained hard surface driveway. Town of Aurora | 59 Downtown Community Planning Permit By-law Table 5.3: Bicycle Parking Rate Use Minimum Parking Rate Residential Requirement for a Dwelling Unit in an Apartment Building or a Mixed-use Building 1.0 space for every 5 dwelling units. Residential Requirement for a Dwelling Unit in a Townhouse None. Residential Requirements for an Additional Residential Unit None. Requirement for Long-term Care Home, Group Home, Supportive Housing, Retirement Home, or a Hospice Care Home/Facility None. Requirement for all non- residential uses 2.0 spaces Plus 1 space for every 1,000 meter2 of gross floor area. Table 5.4: Barrier Free Parking Requirements Type Width Length Type A 3.65 meters 5.3 meters Type B 2.7 meters 5.3 meters 5.All negative slope driveways legally existing prior to the effective date of this by-law shall be permitted. 5.10 Bicycle Parking 1.Designated bicycle parking spaces shall be provided for all multi-unit developments. 2.The following bicycle parking rates shall apply in compliance with Table 5.3. 5.11 Barrier Free Parking Spaces 1.All multi-unit developments with visitor parking spaces must also provide barrier free parking spaces. 2.All non-residential developments providing parking spaces must also provide barrier free parking. 3.The minimum dimensions for a barrier free parking shall be in compliance with Table 5.4. a)Where the minimum number of barrier free parking required is an even number, an equal number of Type A and Type B barrier free parking shall be required b)Where the minimum number of barrier free parking required is an odd number, the additional barrier free parking space shall be a Type B barrier free parking space. c)Where there are 12.0 or fewer required parking spaces, a Type A barrier free parking space is required. d)A minimum distance separation of 1.5 meters is required abutting the entire length of one side of a barrier free parking space. The minimum distance separation may be shared by two barrier free parking spaces. 60 | Town of AuroraSection 5.0 Parking Standards Table 5.5: Barrier Free Parking Rate Parking Spaces Provided Minimum Parking Rate 1 – 12 1 13 – 100 4% of the total number of parking spaces provided in the parking area. 101 – 200 1 Plus 3% of the total number of parking spaces provided in the parking area. 201 – 1000 2 Plus 2% of the total number of parking spaces provided in the parking area. 4.Where the minimum required parking spaces is less than 12.0, the minimum required barrier free parking shall be inclusive of the required parking spaces. 5.Where the minimum required parking spaces is greater than 12.0, the minimum required barrier free parking shall be additional to the total provided parking spaces. 6.The following barrier free parking rates shown on Table 5.5 shall apply: 5.12 Loading Spaces and Servicing Areas 1.Loading spaces and servicing areas shall be located at the rear or side of the building and be enclosed within the building where the rear or side abuts a public street or open space. 2.Loading spaces and servicing areas shall be screened from public view with landscaping in the interior blocks of the Downtown Mixed-Use area. 3.Loading spaces shall meet the following standards: a)A minimum vertical clearance of 4.5 meters; b)A minimum length of 6.5 meters; and c)A minimum width of 3.5 meters. 5.13 Vehicles Prohibited in the DMU Zone 1.The storage of any of the following vehicles shall be prohibited outside of a building or structure: a)Any motor vehicle with an overall vehicle height that exceeds 3.0 meters; b)Mobile construction equipment, unless the lot is being actively prepared for or undergoing construction for which the vehicle/equipment is intended, or the parking or storage is in accordance with the provisions of this by-law; c)Buses; d)Farm tractors; e)Tow trucks; f)Catering trucks; g)Unlicensed Motor Vehicles; h)Trailers; and i)Boats. 5.14 Drive-Throughs 1.Drive-through facilities are prohibited in the Downtown Mixed-Use area. Town of Aurora | 61 Downtown Community Planning Permit By-law DOWNTOWN MIXED-USE DEVELOPMENT STANDARDS 6 .0 6.1 Permitted and Discretionary Uses 6.2 General Development Standards 6.3 Apartments and Mixed-Use Building Development Standards 6.4 Townhouse Building Development Standards 6.1 Permitted and Discretionary Uses 1.Any proposed discretionary use as outlined in Section 6.0 will be classified as a Class 2 variation. 2.No person shall erect, alter, enlarge, reconstruct, locate, or use any building or structure in whole or in part, nor use any land in whole or in part, for any purpose other than the permitted and discretionary uses, as show in Table 6.1. Table 6.1: Permitted Uses Uses DMU Permitted Uses DMU Discretionary Uses1 Accessory Use2 X Additional Residential Units3 X Art Gallery X Bed and Breakfast X Clinic X Club X Commercial Schools X Dry Cleaning Distribution Centre and Depot X Dry Cleaning Establishment X Dwelling Units X Dwelling Units, Apartment Building X Dwelling Units, Mixed-Use Building X Dwelling Units, Townhouses4 X 64 | Town of AuroraSection 6.0 Downtown Mixed-Use Development Standards Uses DMU Permitted Uses DMU Discretionary Uses Financial Institutions X Fitness Centre X Hospital X Hotel X Laundromat X Library, Public X Long-Term Care Facility X Museum X Offices X Personal Service Shop X Pet Services X Place of Entertainment X Place of Worship X Private Park X Public Parking X Financial Institutions X Restaurants X Retail Sores X Town of Aurora | 65 Downtown Community Planning Permit By-law Uses DMU Permitted Uses DMU Discretionary Uses Retirement Home X School, Post-Secondary X Service Shops X Studios X Veterinarian Clinic X 1 Permitted uses are those considered permitted as of right, whereas discretionary uses are those that the Approval Authority can consider as part of a Class 2 variation application. 2 In accordance with the policies outlined in Section 3.2 (Accessory Use Section). 3 In accordance with the policies outlined in Section 3.3 (ARUs). 4 Townhouse dwellings are only permitted along Temperance Street, Victoria Street, and internal laneways. 66 | Town of AuroraSection 6.0 Downtown Mixed-Use Development Standards Table 6.2: Setback Standards Abutting Streets Minimum Setback Maximum Setback Class 2 Variation Limit (Min) Front Yard and Exterior Side Yard Yonge Street 2.0 meters 3.0 meters 1.8 meters Wellington Street 2.0 meters 3.0 meters 1.8 meters Tyler Street 1.5 meters 2.5 meters 1.35 meters Mosley Street 1.5 meters 2.5 meters 1.35 meters Church Street 1.5 meters 2.5 meters 1.35 meters Temperance Street 3.0 meters 5.0 meters 2.7 meters Victoria Street 3.0 meters 5.0 meters 2.7 meters Interior Side Yard N/A 0 meters1 None 1.35 meters2 Rear Yard3 N/A 7.5 meters4 None 6.75 meters 1 Lots fronting Victoria Street shall have a minimum required interior side yard setback of 1.5 meters for end units. 2 Class 2 variation limit of 1.35 meters is only applicable to lots fronting Victoria Street, see superscript one. 3 Variances for rear yard setbacks shall demonstrate that the impact on neighbouring properties in terms of shadows, sky views, and loss of privacy are minimal. 4On properties that have dual frontages, such as a frontage both on Yonge Street and Temperance Street, the front yard setback requirements shall apply to the frontages. 1.Schedule C identifies the respective step backs and maximum building heights for developments within the Downtown Mixed-Use Zone. 2.Schedule B identifies the permitted land uses of developments within the Downtown Mixed-Use Zone. 3.Table 6.2 identifies the development standards related to setbacks for developments based on abutting streets. 6.2 General Development Standards 4.Notwithstanding the setbacks outlined in Table 6.2, developments with heritage building façades fronting on the abutting streets or existing reduced setbacks are exempt from the minimum setback requirements. 5.The step backs identified in Schedule C may also be subject to a Class 2 variation at the discretion of the Director. Town of Aurora | 67 Downtown Community Planning Permit By-law 1.All residential portions of a mixed-use building must be located above the non-residential use portions of a building, other than a residential lobby. 2.Notwithstanding subsection 1 of Section 6.3, on a corner lot, dwelling units may be located in the first storey of a mixed-use building if: a)The dwelling units have direct access to a street which is not Yonge Street or Wellington Street; and b)The dwelling units are located to the rear of the non-residential uses on the first storey. 6.3 Apartment Building and Mixed-use Building Development Standard Table 6.3: Development Standards for Apartment Buildings and Mixed-use Buildings Apartment Buildings and Mixed-Use Buildings Ground Floor Retail/Commercial Class 2 Variation Limit Lot Area (Minimum)None None N/A1 Lot Frontage (Minimum)30.0 meters 30.0 meters 27.0 meters First Storey Height (Minimum)--4.0 meters N/A Common Amenity Area2 3.0 meter2 per dwelling unit, provided a minimum of 50% of the required Amenity Area is provided as interior amenity space 3.0 meter2 per dwelling unit, provided a minimum of 50% of the required Amenity Area is provided as interior amenity space N/A 1 Should the Class 2 variation limit be indicated as “N/A” then the Class 2 Minor Variation shall not apply. 2 In accordance with the policies outlined in Section 3.16. 3.Notwithstanding any other provisions of this by-law, every apartment building and mixed-use building shall have a front entrance at grade on the front building façade. 4.Apartment buildings and mixed-use buildings that abut “Machell’s Alley,” the existing lot legally described as Part Lot 2, Plan 68, municipally know as 15217 Yonge Street, shall incorporate dual frontage designs on to the alley and minimize the impact of shadows and maximize sunlight in the area. Only commercial uses shall be permitted at grade within the alley. 5.Table 6.3 identifies the development standards for apartment buildings and mixed-use buildings: 68 | Town of AuroraSection 6.0 Downtown Mixed-Use Development Standards Table 6.4: Development Standards for Townhouse Buildings Townhouses1 Stacked Townhouses Back-to-Back Townhouses Class 2 Variation Limit Lot Area (Minimum)180 meter2 180 meter2 90 meter2 162 meter2 81 meter2 for Back-to Back Townhouses Lot Frontage (Minimum)30.0 meters (6.0 meters per unit) 30.0 meters (6.0 meters per unit) 30 meters (7.0 meters per unit) N/A2 Lot Coverage (Maximum)50%50%50%55% Common Amenity Area3 3.0 meter2 per dwelling unit 3.0 meter2 per dwelling unit 3.0 meter2 per dwelling unit N/A Interior Side Yard 1.5 meters 1.5 meters 1.5 meters 1.35 meters Rear Yard 7.5 meters 7.5 meters 7.5 meters 6.75 meters Number of Dwelling Units in a Row4 (Maximum) 8 8 8 N/A 1 Any townhouse building formation not listed in the table shall follow the development standards for Townhouses 2 Should the Class 2 variation limit be indicated as “N/A” then the Class 2 Minor Variation shall not apply. 3 In accordance with the policies outlined in Section 3.16. 4 Additional residential units are permitted in addition to the maximum units in a row. 1.Table 6.4 identifies the development standards and provisions for townhouse buildings: 6.4 Townhouse Building Development Standard Town of Aurora | 69 Downtown Community Planning Permit By-law SCHEDULES 7.0 7.1 Schedule A – Boundary 7.2 Schedule B – Land Use 7.3 Schedule C – Height, Setback, and Step-Back Schedule A - Community Planning Permit By-law Location Map tv � □SUBJECT LANDS 0 50 100 -- Metres YoU;'re, U'I/ good Com.party Map created by the Town of Aurora Planning and Building Services Department, 26/09/2025. Base data rovided b York Re ion & the Town of Aurora. Air Photos taken S rin 2024, © First Base Solutions Inc., 2024 Ortho hoto ra h --- b i�J-rj TYLER ST L_L_/1---�•....... =jL-----,--:-------«---I--J..,:__,..-1-------rA l [PJl 0 2S 50 100 200 Ground Floor Commercial/---P,opo,ed (PPS 8oU<ld••y lnstitulionaf uses Aequlred Downtown Mtxed use(DMU) Schedule B - Land Use Map DRAFT FINAL REPORT URBAN STRATEGIES INC.34 Schedule C - Height, Setback, and Step-Back Map