BYLAW - ZBA 15356 Yonge St. - 20091110 - 517309THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5173-09
BEING A BY-LAW to amend
Zoning By-law No. 2213-78, as amended,
(15356 Yonge Street)
WHEREAS Section 34 of the Planning Act, R. S. 0. 1990, c.P. 13, as amended provides
that the Council of a local Municipality may pass zoning by-laws;
AND WHEREAS the Cou neil of The Corporation of the Town of Aurora enacted By-law
2213-78, including amendments thereto (hereinafter the "Zoning By-law");
AND WHEREAS the Council of The Corporation of theTown of Aurora deems it
necessary and expedient to further amend the Zoning By-law 2213-78;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. THAT the Zoning By-law be and is hereby amended to replace the "Special
Mixed Density Residential (R5) Zone" and "Environmental Protection (EP) Zone"
zoning category applying to the lands shown in hatching on Schedule A attached
hereto and forming part of this By-law with "ROW Dwelling Residential (R6-55)
Exception Zone." and "Environmental Protection (EP-17) Exception Zone".
2. THAT the Zoning By-law be and is hereby amended to add the following
including Schedules A.1 and A.2 attached hereto and forming part of this By-law:
15.59 "ROW DVVELLING RESIDENTIAL (RG-55) EXCEPTION ZONE"
15.59.1 USES PERMITTED .
A total of 6 dwelling units comprising of one single detached dwelling and
one block of row housing with a maximum of 5 units.
15.59.2 ZONE REQUIREMENTS
15.59.2.1 Zone Requirements
Lot and Siting Specification provisions of Section 15.59.2.1 shall apply
pursuant to the conceptual layout illustrated on Schedule A.1.
15.59.2.1.1 Lot Specifications
Lot Area (minimum)
Lot Frontage (minimum)
2350.0m2
20.0m
15.59.2.1.2 Siting Specifications for Single Detached Dwelling Unit
Minimum setback from the east lot line:
-Main Building 11.0m
Minimum distance separation from the north wall to any curb or private
right-of-way:
-Main Building as shown on Schedule A.1
-Garage with/without rooftop terrace 5.3m
Minimum distance separation from the south lot line:
By-law 5173-09
Main Building
Garage with/without rooftop terrace
Minimum ,distance separation between the end or side
wall of the Single Detached Dwelling and the end or
side wall of the Row House located on Unit 1 ; : -'
Page 2 of7
2.0m
15.59.2.1.2.1 Notwithstanding, the provisions of.Section 6.2.6.i), central air conditioners
and heat pumps shall.only be permitted along the south wall projecting
into the south interior side yard, subject to a minimum setback of 3.5
metres from the south lot line.
15.59.2.1.3 Siting Specifications for Biock Row Housing Units
Minimum distance separation from any curb or private right-of-way:
Units 1, 2, and 3
Main Building
Open-sided roofed porch including steps
Units 4 and 5
Main Building
Open-sided roofed porch including steps
3.0m
2.5m
5.3m
3.0m
Minimum distance separation from the east and west lot lines:
Units 4 and 5 .
-Main Building 1.4m
Minimum distance separation from the south lot line:
Units 1, 2. and 3
·Main Building 5.5m
Units 4 and 5
Main Building 11.0m
Minimum distance separation from the west curb or private rightcof-way:
Unit 5
Main Building and open-sided roofed porch
including steps O.Om
Minimum distance separation between the end or side wall
of the Single Detached Dwelling and end or side wall of the
Row House located on Unit 1 2.0m
15.59.2.1.3.1 Notwithstanding, the provisions of Section 6.2.6.i), central air conditioners
and heat pumps shall be permitted in the Private Outdoor Living Area
only, subject to a minimum setback of 4.5 metres from the south lot line.
15.59.2.1.4Notwithstanding the provisions of Section 6.48.1 with respect to maximum
permitted projections and minimum distance separations, open-sided
roofed porches, patios, uncovered terraces, decks, balconies, steps and
landings shall be subject to the following:
1. Minimum distance separations:
Single Detached Dwelling:
-from the north curb or private right-of-way as shown on
Schedule A.1
from the north curb or private right-of-way-steps O.Om
-from the south lot line 2.0m
-----~--------~---~~~~---.-~-------------·-------··-·-------------~
By-law 5173-09 Page 3 of7
from the east lot line
Block Row Housing Units:
from the south lot line for Units 1, 2 and 3
from th,e south lot line for Units 4 and 5
from the east lot lin.e Unit 4
-from.the west lot line Unit 5
?.Om
4.0m
8.0m
1.41)1 '
1.4m
2. Bloqk.Row Housing Units-Private Outdoor Living Area:
Within the Private Outdoor. Living Area, the minimum distance
separation between any open-sided roofed porches, decks,
balc:onies, uncovered terraces, patjos, steps and landings from the
east ahd west unit boundary lines as shown on Schedule A.1 shall
be as follows:
Units 1, 2 and 3
Units 4 and 5
Boundary between Units 4 and 5
Interior side lot lines
0.6m
O.Om
1.4m
15.59.2.1.4.1 Notwithstanding the provisions of Section 6.48.1 with respect to the
privacy screen provisions for decks or balconies, privacy screens shall
not be required.
''
15.59.2.1.4.2Notwithstarlding the provisions of Section 6.4S. 1, the maximuin projection
for bay Windows sh'all be 0.6 metres.
15.59.2.1.5Fo; the pur:poses of adminiStering Section 6.2.2 Location of Accessory
Buildings and Structures:
15.59.2.2
i)
ii)
iii)
The minimum rear yard setbacks hall be 1 .5 metres measured from
the south lot line.
Single Detached Dwelling -the minimum distance separation from
the west and east boundary lines as identified on Schedule A.1 shall
be 0.6 metres from the west boundary line and 11 .0 metres from the
east lot line.
Block Row Housing Units-the minimum distance separation from
the v~est and east boundary lines as identified on Schedule A.1 shall
be 0.6 metres. · ·'
Zone Requirements for Freehold Lots
Notwithstanding the provisions of Section 15.59.2.1, where an application
to subdivide into freehold lots has been submitted to the Town, the Lot
and Siting Specification provisions of Section 15.59.2.2 shall apply to
each lot as set out in the conceptual layout illustrated on Schedule A.2. In
the event that the applicat.ion is denied, the provisions of Section
15.59.2.1 shall apply.
Private Right-of-Way
In addition to Section 3.123 for the purposes of this section a public street
or road shall also include a private right-of-way as shown on a plan of
condominium pursuant to the Condominium Act 1998.
Furthermore, the northern Lot Line abutting the Private Right-of-Way
shall be deemed to be the Front Lot Line for the purposes of determining
frontage and setbacks.
By-law 5173-09
15.59.2.2.1 Lot Specifications
Lot Area (per unit)
Lot Frontage (per unit)
15.59.2.2.2 Siting Specifications for Single Detached Dwelling
Front Yard (minimum):
-Main Building as shown on Schedule A.2
-Garage with/without rooftop terrace
Rear Yard (minimum):
Main (3uilding
-Garage with/without rooftop terrace
Interior Side Yard (minimum):
-West lot line
East lot line
Page 4 of7
19S.Om 2
6 .. 0m
5.3m
4.5m
2:0m
1.0m
4.5iTi
15.59.2.2.2.1 Notwithstanding, the provisions of Section 6.2.6.i), central air conditioners
and heat pumps. shall be permitted in the rear yard only, subject to a
minimum.setback of 3.5 metres from the rear lot line and 4.5 metres from
the east lot line.
15.59.2.2.3 Siting Specifications for Block Row Housing
Front Yard (minimum):
Parts { 2, and 3
Mairi Building
Open-sided roofed porch including steps
Parts 4 and 5
Main Building
Open-sided roqfed porch including steps . . ' .
Rear Yard (minimum):
Parts 1, 2, and 3
-Main Building
Parts 4 and 5
Main Building
Interior Side Yard (minimum):
Be.tween attached row t)ousing units
Part 1
East lot line
Parts 4 and 5
3.0m
2.5m
5.3m
3.0m
5.5m
11.0m
O.Om
1.0m
Main Building from east and west lot lines setbacks as shown
on. ScheduleA2
15.59.2.2.3.1 Notwithstanding, the provisions of Section 6.2.6.i), central air conditioners
and heat pumps. shall be permitted in the rear yard only, subject to a
minimum setback of 4.5 metres from the rear lot line.
15.59.2.2.4 Notwithstanding the provisions of Section 6.48.1 with respect to
maximum permitted projections and minimum distance separations,
open-sided roofed porches, patios, uncovered terraces, decks, balconies,
steps and landings shall be subject to the following: ·
By-law 5173-09. Page 5 of 7
1. Minimum distance separations:
Single Detached Dwelling:
-from the front lot line as shown on Schedule A.1
-from the front lot line -steps
-from the rear lot line
-from the.east'side lot line
-fi·omthe west side lot line
Bloc.k 'Row Housing Units: · . . .
O.Om
2.0m
O.Om
1.0m
~ from the rear lot line for Parts.1, 2 and .3 4.bm
. , -.. fro.m the rear[otline for Parts4 and 5.: . . . .. !;!.Om .
-·. fro:m the interior side lot line for Parts 1, 2 and 3 0.6m '
-· from the westerly interior lot line and easterly interior
Lot line for Parts 4 and 5 respectively O.Om
-Other interior lot lines for Parts 4 and 5 1.4m
15.59.2.2.4.1Notwithstimding the provisions of Section 6.48.1 with respect to the
privacy screen provisions for decks or balconies, privacy screens shall
not be required.·
15.59.2.2.4.2Notwithstanding the. provisions of Section 6.48.1, the maximum projection
for bay windows into the front and rear yard only shall be 0.6 metres.
15.59.2.2.51n additional to the provisions of Section 6.2 Ac~essory Buildings and Uses,
the minimum interior side yard \>etback for accessory buildings and
structures shall be 0.6 metres, with the exception that the minimum
setback from the east side lot line for the Single Detached Dwelling shall
be 4.5 metres.
15.59.2.3 Building Specifications
Floor Area (minimum per uniUpart)
Building Height (maximum)
Garage Interior Width (minimum) for Units/Parts 4 and 5
. .; ·,
75.0m 2
12.0m
and the Single Detached Dwelling 2.9m
Garage Interior Width (minimum) for Units/Parts 1, 2 and 3 5.4m .
Garage Interior Depth (minimum) 5.8m
15.59.2.4 Private Outdoor Living Area-Block Row Housing
15.59.2.4.1 A private outdoor living area shall be provided for each dwelling unit and
each private outdoor living area shall:
15.59.2.4.2 Be adjacent to the rear wall of the dwelling unit and have access to a
habitable room other than a bedroom or to a hall.
15.59.2.4.3 Have a width equal to the width of the dwelling unit and have a minimum
depth (from the wall of the dwelling unit) of 5.5 metres for units 1, 2 and 3
and 11.0 metres for units 4 and 5.
15.59.2.4.4 A solid wood fence with a minimum height of 1.83 metres and a
maximum height of 2.0 metres shall be provided between Units/Parts 1, 2
and 3 and between Units/Parts 4 and 5. No such privacy fence shall be
required between Units/Parts 3 and 4 and between the Single Detached
Dwelling and the Block Row Housing UniUPart 1.
15.59.2.5 Buffer Strip
··:
--· ·-------·-···------;:-----·--·---.-----------·--~---·-·--
By-law 5173-09 Page 6 of7
15.59.2.6
Notwithstanding the provisions of Section 6.31, the minimum required
buffer strip shall be in accordance with Schedules A.1 and A.2. No
fencing shall be required.
Parking .
. Notwithstanding the provisions ofSection 6.26.1.2, a minimum of tWo (2)
parking spaces shall be provided per unit and.the parking spaces shall be
provided as follows: . . ...
i) Unit~!Parts 1, .2 and 3, required parking spaces shall be pro.vided
withm the private garage.
ii) Units/Parts 4 and 5 and the Single Detached Dwelling, one of the
required parking spaces shall be provided within the private garage
and. the other required parking space shall be provided on the
driveway.
Minimum Number of Visitor Parking Spaces required: 5
15.59.2. 7 Schedule.s A.1 and A.2 are to be treated as ,concept plans for by~law
interpretation assistance purposes. Where conflicts exist between
provisionl? ~tated .above. and those. noted in the Schedules-the provisions
listed above shall prevail. · · · · · · · . ·.,
3. THAT the Zoning .By-law be and is hereby amended to add the following:
Section 30.'3.: 17 "ENVIRONMENTAL PROTECTION (EP-17) EXCEPTION ZONE".
Notwithstanding the provisions of Section 30.1 the lands shown as
"ENVIRONMENTAL PROTECTION (EP-17) EXCEPTION ZONE"
may be used for private open space and may contain decks and
fences attached or related to row housing units provided that all
decks are in accordance with sections 15.59.2.1.4 and 15.59.2.2.4
and are open from the ground to the underside of the deck
·structure with the exception of supporting columns and/or posts as
required by the Ontario Building Code. Any fencing within the EP-
17 Exception Zone below the floodline shall be constructed of
vertical slats that have a gap of no less than 7.5 em and no less
· than 50% of the face of the fence remains open and does not
obstruct the flow of water during Regional Storm.
4. THAT the provisions of this By-law shall come into force and take effect upon
third reading subject to compliance with the provisions of the Planning Act,
R.S.O. 1990, c.P.13, as amended.
READ A FIRST AND SECOND TIME THIS 10th DAY OF NOVEMBER, 2009.
READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF NOVEMBER,
2009.
~~ PHYLiSNlORRIS, MAYOR·.·
CHRISTOPHEifC:COOPER,
ACTING TOWN CLERK JllpproVeaas to :Form
'13!f £ega£ Services s~?itffffti =
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By-law 5173-09 Page 7 of7
Explanatory Note
Re: Zoning By-law No. 5173-09
By-law Number 5173-09 has the following purpose and effect:
To amend By-law 2213-78, the Zoning By-law in effect in the Town of Aurora, from
"Special Mixed Density Residential (R5) Zone" and "Environmental Protection (EP)
Zone" zoning category applying to the lands shown in hatching on Schedule A attached
hereto and forming part of this By-law with "ROW Dwelling Residential (R6-55)
Exception Zone" and "Environmental Protection (EP-17) Exception Zone". The
proposed amendment will permit the development of 5-units of Row housing in situated
to the west of the existing detached dwelling.
Schedule "A" To By-Law No. 5173-09
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: Lot 13 and Part Lot 14, Plan 246,
Designated as Parts 1, 2 & 3, 65R-31151
( 15356 Yonge Street)
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setbacks or requirements
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