Town of Aurora
Zoning By-law # ####-15
TOWN OF AURORA
COMPREHENSIVE ZONING BY-LAW
BY-LAW NUMBER XXXX-15
2nd DRAFT (Ed. 2.0)
July 2014 (Ed. 1.0)
November 2014 (Ed. 1.1)
May 2015 (Ed. 2.0)
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TOWN OF AURORA ZONING BY-LAW NUMBER XXXX-15
TOWN OF AURORA APPROVAL – XXXX- XX- 2015
OFFICE CONSOLIDATION
This edition is prepared for the purposes of
convenience only. For accurate reference,
recourse should be had to the original by-law
and amendments thereto.
BY-LAW CONSOLIDATED
Amendments not included in this consolidation
may be obtained from the Planning
Department, Town of Aurora.
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INDEX
Administration and Interpretation ......................................................................... Section 1
Zones .................................................................................................................. Section 2
Definitions ........................................................................................................... Section 3
General Provisions .............................................................................................. Section 4
Parking & Stacking Requirements ........................................................................ Section 5
Natural Hazard Overlay Zones ............................................................................ Section 6
Residential Zones ................................................................................................ Section 7
Promenade Overlay Zones ................................................................................. Section 8
Commercial Zones .............................................................................................. Section 9
Employment Zones ............................................................................................. Section 10
Institutional Zones ............................................................................................... Section 11
Rural Zones............................................................................................ ............. Section 12
Open Space Zones ................................................................................ ............. Section 13
Holding Provision ................................................................................... ............. Section 14
Temporary Uses ..................................................................................... ............. Section 15
Schedules ........................................................................................................... Section 16
List of Exceptions ................................................................................................ Section 17
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SECTION 1 ADMINISTRATION AND INTERPRETATION
1.1
TITLE
This By-law may be cited as "The Zoning By-law of the Town of Aurora".
1.2
AREA RESTRICTED
The lands affected by this By-law shall comprise the whole of the Town of
Aurora as established on January 1st, 1971 by The Regional Municipality of
York Act.
1.3
ADMINISTRATION
This By-law shall be administered by municipal staff.
1.4
APPLICATION OF BY-LAW
No person shall within any area or Zone of the Town of Aurora delineated on
Schedule "A" to this By-law use any building, Structure or land or erect or use
any building or structure or sever lands except in conformity with the
provisions of this By-law relating to such Zone in which the land, building or
structure is located.
1.5
COMPLIANCE WITH OTHER LEGISLATION
Nothing in this By-law shall serve to relieve any person from any obligation to
comply with the requirements of any other By-law of the Town of Aurora or any
other regulation of the Regional Municipality of York, Province of Ontario or
Government of Canada that may otherwise affect the use of land, buildings or
structures.
1.6
PENALTY
1.6.1
Every person who contravenes the provisions of this By-law is guilty of an
offence and on conviction is liable:
a) on a first conviction to a fine of not more than $25,000; and
b) on a subsequent conviction to a fine of not more than $10,000 for each day
or part thereof upon which the contravention has continued after the day
on which he was first convicted.
1.6.2
Every corporation who contravenes the provisions of this By-law is guilty of an
offence and on conviction is liable:
a) on a first conviction to a fine of not more than $50,000; and
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b) on a subsequent conviction to a fine of not more than $25,000 for each day
or part thereof upon which the contravention has continued after the day
on which he was first convicted.
1.7
SEVERABILITY
If any section, clause or provision of this By-law including anything contained
in the Schedules attached hereto, 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.
1.8
BY-LAWS REPEALED
Town of Aurora Zoning By-law 2213-78 is repealed in its entirety, including all
Sections, Schedules, minor variances and amendments that apply to all lands
subject to By-law 2213-78, save except for those lands that are:
•
1.9
By-law 4469-03 Oak Ridges Moraine Conservation Plan Area
TRANSITION MATTERS
Notwithstanding Sections 1.4 and 1.8 of this By-law, a building permit may be
issued in accordance with Section 1.9 of this By-law for the following
scenarios.
For the purposes of determining zoning compliance for matters covered by
Section 1.9 of this By-law, the provisions of Zoning By-law 2213-78, as
amended, as it read on the effective date of this By-law shall apply.
1.9.1
Building Permit Issued
This By-Law shall not prevent the erection of a building or structure for which a
building permit has been issued in accordance with the Building Code Act as
amended, prior to the date of the passing of this By-Law, so long as the
building or structure when erected is used and continues to be used for the
purpose for which it was erected and provided that the building permit remains
valid.
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1.9.2
Recently Approved Planning Applications
The requirements of this By-law do not apply on a Lot where the following
applications were approved by the Town of Aurora or the Ontario Municipal
Board on or after January XX, 2013:
a) A Minor Variance to Zoning By-law 2213-78, as amended was
approved on or before the effective date of this By-law and a building
permit for the applicable project has not yet been issued
b) A Site Plan Approval was approved on or before the effective date of
this By-law and a building permit for the applicable project has not yet
been issued
c) A provisional consent has been given and a building permit for the
applicable project has not yet been issued, the Lot has not yet been
registered at the Land Registry Office, or the applicable easement or
agreement has not yet been registered on title
1.9.3
Cessation of Section 1.9 Relief
a) Once a permit, agreement, or approval has been granted in accordance
with Section 1.9, the provisions of Zoning By-law 2213-78, as amended
shall cease to be in effect.
b) Notwithstanding subsection a) above, the relief provided by Section 1.9
of this By-law ceases to be in effect on the date of the applicable
approval
i. For a minor variance, two years from the date of approval;
ii. For a site plan, two years from the date of final approval;
and,
iii. For a provisional consent, three years from the date of
approval
1.10
CERTAIN WORDS
In this By-law words used in the present tense include the future; words in the
singular include the plural; words in the plural include the singular; and the
words "used" and "occupied" shall where the context indicates be interpreted
to mean "intended, arranged or designed to be used or occupied"; the word
"shall" is mandatory and not directory
1.11
SITE PLAN CONTROL
The Town of Aurora is hereby designated as a Site Plan control area pursuant
to Section 41of the Planning Act.
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SECTION 2
2.1
ZONES AND ZONING MAPS
ZONES
For the purpose of this By-law, the symbols used on the Schedules attached hereto, refer to
the appropriate zones established in this By-law. The Town of Aurora is divided into the
following zones, the boundaries of which are shown on the attached maps which comprise
Schedule "A" to this by-law:
Zone
Symbol
Residential Zones
Estate Residential…………………………………………………... ER
Detached First Density Residential………………..……………… R1
Detached Second Density Residential…………………………… R2
Detached Third Density Residential………………………………. R3
Detached Fourth Density Residential…………………………….. R4
Detached Fifth Density Residential……………………………….. R5
Semi-Detached and Duplex Dwelling Residential………………. R6
Special Mixed Density Residential…....………………………….. R7
Freehold Townhouse Dwelling Residential………………………. R8
Block Townhouse Dwelling Residential…………………………... R9
First Density Apartment Residential………………………………. RA1
Second Density Apartment Residential…………………………... RA2
Commercial Zones
Convenience Commercial…………………………………………. C1
Neighbourhood Commercial……………………………………… C2
Service Commercial………………………………………………… C3
Community Commercial……………………………………………. C4
Major Retail………………………………………………………….. C5
Residential Commercial……………………………………………. C6
Promenade Overlay Zones
Downtown Area……………………………………………………… PD
Upper Downtown Area……………………………………………… PUD
Downtown Shoulder………………………………………………… PDS
Promenade General………………………………………………… PG
Natural Hazard Overlay Zone …………………………………….. NH
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Employment Zones
Service Employment…………………………………….……..…… E1
General Employment……………………………………………….. E2
Business Park……………………………………………………….. E-BP
Institutional Zone……………………………………………………. I
Rural Zone…………………………………………………………… RU
Open Space Zones
Environmental Protection………………………….………………. EP
Public Open Space…………………………………………………. O1
Private Open Space………………………………………………… O2
Holding Provision…………………………………………………… H
Oak Ridges Moraine Zones
Oak Ridges Moraine Environmental Protection………………..... EP-ORM
Oak Ridges Moraine Natural Core Area………………................ NC-ORM
Oak Ridges Moraine Natural Linkage Area…………………....... NL-ORM
Oak Ridges Moraine Countryside Area………………................. C-ORM
2.2
ZONING MAPS
The attached maps comprising Schedule "A", Map No. 1 to Map No.10 inclusive which may be cited
as the "Zoning Maps" are hereby declared to form part of this By-law.
2.3
ZONE BOUNDARIES
The extent and boundaries of all zones are shown on Schedule "A" attached hereto, and all
such zones are hereby defined as areas to which the provisions of this By-law shall
respectively apply.
2.4
INTERPRETATION OF ZONE BOUNDARIES
(a)
Where a Zone boundary is shown as approximately following
i) the centre line of a street, lane, railway, public utilities right-of-way or watercourse,
the boundary shall follow said centre line,
ii) a Lot Line, the boundary shall follow said Lot Line,
iii) the limit of the Flood Plain the boundary shall follow said limit.
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(b)
where it is not possible to establish a Zone limit by any of the provisions in (a) above
or by distance shown on the map from a line so established, the location shall be
determined by scale from the schedule at the original scale.
(c)
Notwithstanding the provisions above, the boundary of the Oak Ridges Moraine
Conservation Plan Area shall be scaled from the attached Schedules.
2.5
EXCEPTION ZONES AND PROVISIONS
Where a Zone symbol is followed by a number in subscript (for example, "E1(1)"), the lands
so noted are subject to all the provisions of the Zone represented by such symbol except as
otherwise provided by the exception provisions of the Zone so designated.
2.6
SPLIT ZONING
Where a lot falls into two or more zones, the following provisions shall apply:
(a)
Each portion of the lot shall be subject to the applicable permitted uses and zoning
requirements for the applicable zone applying to that portion of the lot.
(b)
Notwithstanding subsection (a) above, parking spaces and stacking spaces required
by this By-law may be provided anywhere on a lot that falls into two or more zones
except that portion of a lot in any Natural Hazard Overlay Zone or Environmental
Protection Zone.
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SECTION 3 DEFINITIONS
Accessory Building or structure:
means a detached building or structure, that is not used for human habitation but
the use of which is naturally and normally incidental, subordinate, or exclusively
devoted to a Principal Use or building which is located on the same Lot.
Accessory Use:
means an additional use, customarily and normally incidental, subordinate and
exclusively devoted to and located on the same Lot as a Principal Use.
Adult Entertainment Parlour:
Means any Premises or part thereof in which is provided, in pursuance of a trade,
calling, business or occupation, goods or services appealing to or designed to
appeal to erotic or sexual appetites or inclinations and is in compliance with all
applicable municipal by-laws with the Town of Aurora.
Agricultural Uses:
means the growing of trees, grain, vegetables, or fruit crops, the grazing or
pasturing of livestock, or dairying, horticulture, stables for boarding and training of
horses.
Agricultural-Related Uses (Oak Ridges Moraine):
means commercial and Industrial uses that are,
(1) small-scale,
(2) directly related to a Farm operation, and
(3) required in close proximity to the Farm operation.
Alter:
means any alteration to a bearing wall or partition, column, beam, girder, or other
supporting member of a building or structure or any increase in the area or cubic
contents of a building or structure.
Amenity Area:
means an outdoor area which is available exclusively for the use of the
occupants of units within a row dwelling or an apartment dwelling and may
include a private outdoor living area.
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Animal Hospital:
means the Premises of a veterinary surgeon, where domestic animals or birds,
excluding livestock are treated or kept for treatment but not kept for board.
Apartments:
see "Dwelling, Apartment".
Aquifer Vulnerability (Oak Ridges Moraine):
means an aquifer's intrinsic susceptibility, as a function of the thickness and
permeability of overlying layers, to contamination from both human and natural
impact on water quality.
Art Gallery:
Means a building, place or area where paintings, sculptures or other works of art
are exhibited or sold.
Attached Building:
means a building otherwise complete in itself, which depends for structural
support or complete enclosure upon a division wall or walls shared in common
with adjacent building or buildings.
Balcony:
means a raised, or partially enclosed platform or structure in excess of 3.0
metres above grade projecting immediately from the Main Building .
Banquet Hall:
means a Premises used for the preparation and service of food and beverages to
an assembly of persons for functions including weddings and receptions, but
does not include a Restaurant, a Nightclub, or a Convention Centre.
Basement:
means that portion of a building which is partly underground but which has less
than one-half of its height below the Average Finished Grade.
Bed and Breakfast (Residential):
means a detached dwelling wherein not more than three rooms are rented for
accommodation of the travelling public on a temporary basis with or without
meals.
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Berm:
means an earth embankment.
Boarding or Rooming House:
see "Dwelling, Boarding or Rooming House".
Body Rub Parlour:
means any Premises or part thereof where a body rub is performed, offered or
solicited in pursuance of a trade, calling, business or occupation, but does not
include any Premises or part thereof where the body rubs performed are for the
purpose of medical or therapeutic treatment and are performed or offered by
persons otherwise duly qualified, licensed or registered so to do under the laws
of the Province of Ontario.
For the purposes of this use, body rub shall include the kneading, manipulating,
rubbing, massaging, touching or simulating by any means of the person's body or
part thereof, but does not include medical or therapeutic treatment given by a
person otherwise duly qualified, licensed or registered to do so under the laws of
the Province of Ontario.
Building:
means 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 that is attached thereto.
Building, Height of:
means the vertical distance measured between the Average Finished Grade and
any of the following:
(1)
on a flat roof, the highest point of the roof surface or the parapet,
whichever is the greater;
(2)
the deckline of a mansard roof;
(3)
on any other type of sloped roof, the mean distance between the eaves
and ridge of a roof.
(4)
in the case of a structure with no roof, the highest point of the structure
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In calculating the height of a Building, any construction used as an ornament or
for the mechanical operation of the Building such as a chimney, tower, cupola or
steeple shall not be included.
Building Line:
means a line lying in the interior of a Lot drawn parallel to a Lot Line for the
purpose of establishing the minimum distance that must exist between a Building
or structure erected upon the Lot, and a Lot Line of that Lot.
Building Supply Outlet:
Means a Premises in which building, construction and/or home improvement
materials are offered for sale to the public, and may include, as an Accessory
Use, the Outdoor Storage of such materials, an Outdoor Display and Sales Area,
and an accessory Garden Centre.
Bulk Storage Tank (Oak Ridges Moraine):
means a tank or container for the bulk storage of petroleum, gasoline, diesel or
other fuels, oil, gas, propane, or flammable liquid or fluid, but does not include a
container for flammable liquid, gas or fluid legally and properly kept in a Retail
Store or a tank for storage incidental to some other use of the Premises where the
such tank or container is located.
Car Washing Establishment:
see "Motor Vehicle Washing Establishment".
Carport:
means a building or structure which is not wholly enclosed, is attached to the
principal or Main Building , and is used for the parking or storage of one or more
Motor Vehicles.
Cellar:
See “Basement”
Cemetery:
means a cemetery as defined by The Funeral, Burial and Cremation Services Act
(2002), as amended.
Church:
see "Place of Worship ".
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Clinic:
means 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 accommodation.
Club, Private:
means a Premises 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 normally carried out as a commercial enterprise,
an Adult Entertainment Parlour or a Body Rub Parlour.
Commercial Motor Vehicle:
means a Commercial Motor Vehicle as defined in The Highway Traffic Act,
(1990), as amended.
Commercial Self Storage Facility:
means a Premises used for the temporary storage of non-hazardous items
including seasonal, recreational or commercial vehicles, boats and trailers in
individual storage areas or lockers.
Conservation Uses:
means uses undertaken solely for the purpose of preserving, maintaining and/or
enhancing the natural environment. Permitted uses are limited to stream bank
protection works, fish, wildlife, forestry, wetlands and conservation management
practices, and trails.
Contractors Yard:
means an area of land where equipment and materials used by a building and/or
excavating contractor are stored and/or where a contractor performs shop or
assembly work.
Convenience Retail Store:
means a Retail Store that provides a variety of groceries or similar items of
household convenience are kept for retail sale to residents of the immediate
neighbourhood.
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Convention Centre:
means a Premises used for the holding of conventions, seminars, workshops or
similar activities, and may include as an Accessory Use dining and lodging
facilities for use by the participants, however does not include a Banquet Hall, a
Restaurant, or a Nightclub.
Council:
means the Council of The Corporation of the Town of Aurora.
Curb:
means a stone, concrete or other improved boundary, usually marking the
edge of the roadway or paved area.
Day Care Centre/ Day Nursery:
means a building or part thereof, other than a private home or school, used for
the supervision of children pursuant to within the meaning of "The Day Nurseries
Act (1990)", as amended.
Day Centre, Adult:
means a premises that provides temporary care of adult persons requiring care
for a period not exceeding twenty-four consecutive hours.
Day Centre, Intergenerational:
means a Premises where an adult day centre and a day nursery have been
combined and provides temporary care for a period not exceeding twenty-four
consecutive hours, and which is licensed in accordance with the Day Nurseries
Act, as amended.
Daylighting or Sight Triangle:
means an area open and clear to the sky 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 or railway right-of-way created by the straight line joining the points
at the required distance along the Street Lines for a distance of six (6) metres
from their point of intersection.
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Department Store:
means a Retail Store where a wide range of merchandise is sold and services
are provided on a departmentalized basis, such as: household furniture and
furnishings; household appliances; clothing and apparel; hardware; paint and
wallpaper; drugs; photo equipment and services; Restaurant; optical; a broad
range of food products; books and stationary; and other miscellaneous retail
goods and commodities, and may include, as Accessory Uses and an accessory
Garden Centre
Development (Oak Ridges Moraine):
for lands located in non-settlement areas within the Oak Ridges Moraine, means
the creation of a new Lot, a change in land use, or the construction of buildings
and Structures, any of which require approval under the Planning Act, the
Environmental Assessment Act, or the Drainage Act, but does not include,
(3) the construction by a public body, of facilities for transportation,
infrastructure and utilities uses, as described in Section 41, of the Oak
Ridges Moraine Conservation Plan, or
(2) the reconstruction, repair or maintenance of a drain approved under the
Drainage Act and in existence on November 15, 2001, or
(3) the carrying out of agriculture practices on land that was being used for
Agricultural uses on November 15, 2001.
Drive-Through Facility:
means a building or structure or part thereof where goods, food or services are
offered to the public within a parked or stationary vehicle by way of a service
window or kiosk, where goods, money or materials are exchanged in a
designated Stacking Lane.
Driveway:
means a vehicle access provided between a street or land and a Parking Space,
Parking Area or loading area, or between two Parking Areas and shall be
constructed and maintained with a stable and dustless surface and does not
include grass or sodding.
Or
means a vehicle access provided between a street or land and a Parking Space,
Parking Area or loading area, or between two Parking Areas and shall be
constructed and maintained with a hard stable surface that is treated so as to
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prevent the raising of dust or loose particles, or as specified in a development
agreement.
Drugless Practitioner:
means a Drugless Practitioner within the meaning of "The Drugless Practitioners
Act", as amended.
Dry Cleaning Distribution Station or Depot:
means a Premises used for the receiving, and delivery of articles or goods of
fabric to be cleaned in a Dry Cleaning Establishment.
Dry Cleaning Establishment:
means a building where dry cleaning, dry dyeing, cleaning or pressing of articles
or fabric is carried on the ground floor by means of dry cleaning machines or
units and incidental equipment (1) in which only non-inflammable solvents are or
can be used and (2) which emit no odour or fumes, noise or vibration causing
nuisance or inconvenience within or without the Premises.
Dwelling, Apartment:
means a building containing four (4) or more dwelling units which have a common
entrance from the street level.
Dwelling, Boarding or Rooming House:
means a dwelling in which lodging with or without meals is provided for gain to
five (5) or more persons other than the lessee, tenant, or owner of said dwelling,
and which is not open to the general public, but does not include a Motel, Hotel,
Hospital, Long Term Care Facility or any other dwelling defined herein.
Dwelling Back-to-Back Townhouse:
means a building that is divided vertically into six 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, Converted:
means a dwelling which contains no more than four dwelling units, each being a
self-contained dwelling unit none of which is located in a cellar or Basement.
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Dwelling Garden Apartment(s):
means a building that is divided vertically and horizontally into six or more
dwelling units, each of which has an independent entrance directly to a common
corridor and/or to an outside yard area adjacent to the said dwelling unit.
Dwelling, Detached:
means a separate building containing a single dwelling unit.
Dwelling, Double Duplex or Fourplex:
means a building that is divided horizontally or a combination of horizontally and
vertically into four (4) dwelling units each of which has an independent entrance
either directly or through a common vestibule.
Dwelling, Duplex:
means a building that is divided horizontally into two (2) dwelling units each of
which has an independent entrance either directly or through a common
vestibule.
Dwelling, Link House:
means a building divided vertically into two separate dwelling units joined above
or below ground for part of its depth, each with an independent entrance to the
outside.
Dwelling, Maisonette:
means a single Storey building that is divided into three (3) or more dwelling
units, each of which has independent entrances, one, to a common corridor and
the other directly to the outside yard area adjacent to the said dwelling unit.
Dwelling, Quadraplex:
means a building that is divided vertically or horizontally into four (4) dwelling
units each of which has a common or independent entrance directly to the
outside area adjacent to the said dwelling.
Dwelling, Second Suite:
Means a second dwelling unit located above or below grade or both, within a
detached dwelling unit, semi-detached dwelling unit, or link house dwelling unit
subject to the following condition:
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(i)
Where three (3) or more link house dwelling units are joined, a second
suite dwelling unit shall be permitted, provided that the link house
dwelling unit is joined only below grade.
Dwelling, Semi-Detached:
means a building that is divided vertically into two (2) dwelling units each of which
has independent entrances to a front and rear or Side Yard either directly or
through a common vestibule.
Dwelling, Stacked Townhouse:
Means 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, Townhouse:
means a building that is divided vertically into three (3) or more dwelling units,
each of which has independent entrances to a front and Rear Yard immediately
abutting the front and rear walls of each dwelling unit.
Dwelling, Triplex:
means a building that is divided horizontally or a combination of horizontally and
vertically into three (3) dwelling units, each of which has an independent entrance
either directly or through a common vestibule.
Dwelling Unit:
means 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:
(1)
food preparation and sanitary facilities are provided for the exclusive use
of such person or persons; and
(2)
there is a private entrance to the Dwelling Unit from outside the building or
from a common hallway or stairway inside the building; and
Equipment Sales and Rental Establishment:
means a Premises in which machinery and equipment, other than Motor
Vehicles, are offered for sale or kept for rent or lease.
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Erect:
means to build, construct, reconstruct, alter or relocate, any existing building or
structure and includes excavating, grading, piling, cribbing, filling, draining and
any preliminary physical operation on a Lot.
Existing:
means existing as of the date of the final passage of this By-law.
Existing (Oak Ridges Moraine):
means lawfully in existence on November 15, 2001, and for greater certainty
does not include a use, building or structure that is in existence on that date
without being lawful.
Farm:
See: Agricultural Uses
Financial Institution:
means a Premises in which financial services are offered to the public and
includes a bank, credit union, trust company, savings office or any other retail
banking operation.
Fitness Centre:
means a Premises in which facilities are provided for recreational or athletic
activities such as body-building, exercise classes, martial arts classes,
gymnastics, and may include associated facilities such as a sauna, pool, a
solarium or like facilities.
Flood Plain:
means the area along either side of any watercourse or body of water, which has
been or may be subject to flooding. The Flood Plain is based on the Regional
storm or the One Hundred (100) Year Flood level, whichever is greater.
Floor Area Gross:
means the aggregate of the floor areas of each Storey measured between the
interior faces of any exterior walls of the building or structure.
Within a building, the following are exempt from the calculation of gross floor
area:
• parking spaces
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mechanical rooms
refuse storage rooms
stairwells
elevator shafts
Floor Area Ratio/ Floor Space Index:
means the Gross Floor Area of all buildings on a Lot divided by the Lot Area.
Food Processing Establishment:
means a Premises used for the processing or other preparation of food and/or
beverages. .
Forest Management (Oak Ridges Moraine):
means the management of woodlands, including Accessory Uses such as the
construction and maintenance of forest access roads and maple syrup
production facilities,
(1) for the production of wood and wood products, including maple syrup,
(2) to provide outdoor recreation opportunities,
(3) to maintain, and where possible improve or restore, conditions for wildlife,
and
(4) to protect water supplies.
Funeral Parlour:
means a Premises which of furnishes funeral supplies and services to the public
and has facilities used for the preparation of human remains for internment or
cremation.
Garage, Public, Autobody:
See: Motor Vehicle Body Shop
Garage, Public, Mechanical:
See: Motor Vehicle Repair Garage
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Garden Centre:
means a Premises where plant material such as seed fertilizer, bulbs, trees,
shrubs, lawn furniture, lawn and garden equipment, furnishings and supplies are
sold.
Gasoline Bar and/or Propane Bar:
See: Motor Vehicle Service Station
Gatehouse:
means a building or structure for the purpose of controlling access to a Lot.
Golf Course:
means a public or private area operated for the purpose of playing golf and
includes a "par 3" or larger Golf Course, driving ranges, miniature Golf Courses
and similar uses.
Grade, Average Finished:
means the average level of the finished ground adjoining a building or structure
at all exterior walls.
Greenhouse:
means a building used for the growing of plants, shrubs, trees and similar
vegetation which may be sold directly from the Lot either at wholesale or retail.
Group Home
means a residence licensed or funded under a federal or provincial statute for the
accommodation of 3 to 8 persons, exclusive of staff, living under supervision in a
single housekeeping unit and who, by reason of their emotional, mental, or social
or physical condition, require a group living arrangement for their well being.
Hazardous Waste (Oak Ridges Moraine):
has the same meaning as in Regulation 347 of the Revised Regulations of
Ontario, 1990.
Health and Wellness Centre:
means a Premises used for the medical or therapeutic treatment of human
beings which provides treatment on a short term inpatient basis as well as
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outpatient treatment, and includes a private Hospital as defined in the Private
Hospitals Act as amended.
Heritage Property:
Means a building, easement or area that is designated under Part IV of the
Ontario Heritage Act (2009), as amended, or is listed in the Town of Aurora’s
Register of Properties of Cultural Heritage Value or Interest.
Heritage Conservation District:
means a Heritage Conservation District as defined under Part V of the Ontario
Heritage Act (2009), as amended.
Home Occupation:
means any occupation which is carried on by the persons residing in a dwelling
or dwelling unit. Such Home Occupation uses may include but are not limited to
a studio; tailor; offices, teaching and musical instruction studio when limited to
three (3) students at a time; private home day-care; . A Home Occupation shall
not include the consulting room of a medical or drugless practitioner.
Hospital:
means any institution, building or other Premises or place 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.
Hotel:
means a Premises which offers transient lodging accommodations on a daily rate
to the general public, where units are accessed through a common hall and may
include additional services such as Restaurants, meeting rooms, Fitness Centres
and associated services and may include a Nightclub as an Accessory Use,
however does not include private cooking facilities, a Bed and Breakfast
establishment.
Hydrologically Sensitive Feature (Oak Ridges Moraine):
means land that includes permanent and intermittent streams; wetlands; kettle
lakes; or seepage areas and springs.
Hydro Corridors:
means land that is used for the transmission and distribution of electricity.
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Impervious Surface (Oak Ridges Moraine):
means a surface that does not permit the infiltration of water, such as a rooftop,
sidewalk, paved roadway, Driveway or Parking Lot.
Industrial use:
means a Premises used for the manufacturing, processing, finishing, treating,
ornamenting, altering, fabricating or assembly of raw materials or recycled
materials, assembly of partially finished materials or the adapting for sale of any
good, substance, article or thing.
Institutional Use (Oak Ridges Moraine):
includes without limitation, a Long-term care facility, Hospital, school university or
college.
Kennel:
means a building or structure where animals or birds intended for use as
domestic household pets are kept, or boarded.
Key Natural Heritage Feature (Oak Ridges Moraine):
means land that includes wetlands; significant portions of the habitat of
endangered, rare and threatened species; fish habitat; areas of natural and
scientific interest (life science); significant valleylands; significant woodlands;
significant wildlife habitat; or sand barrens, savannahs and tallgrass prairies.
Landform Conservation Area:
means a Landform Conservation Area as described in Section 30 of the Oak
Ridges Moraine Conservation Plan.
Landform Features (Oak Ridges Moraine):
means distinctive physical attributes of land such as slope, shape, elevation
and relief.
Landscaping/ Landscape Strip:
means any combination of trees, shrubs, flowers, grass or other such vegetative
elements, which may include decorative stonework, paving, screening, or other
architectural elements, Curbs, retaining walls and any surfaced walk or similar
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area but does not include any Driveway or ramp, Parking Area or any area with
an enclosed building or structure.
Lane:
means a public thoroughfare which affords a secondary means of access to
abutting Lots and which is not intended for general traffic circulation.
Laundry:
means a Premises 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.
Liquid Industrial Waste (Oak Ridges Moraine):
has the same meaning as in Regulation 347 of the Revised Regulations of
Ontario, 1990.
Loading Space:
means an area, whether interior or exterior to a building, which is provided and
maintained upon the same Lot or Lots upon which the Principal Use is located
and which area:
i)
is suitable for the temporary parking of one (1) Commercial Motor Vehicle
while merchandise or materials are being loaded or unloaded from such
vehicle, and such parking shall not be for the purpose of sale or display;
ii)
has adequate access to permit ingress and egress of a Commercial Motor
Vehicle from a street by means of Driveways, aisles, manoeuvering areas
or similar areas.
iii)
All interior Loading Spaces are to have complementary exterior spaces for
vehicles awaiting entry to the interior space.
Long Term Care Facility:
means a Premises licensed pursuant to Provincial legislation, where a broad
range of personal care, support and health services are provided for the elderly,
disabled or chronically ill occupants in a supervised setting.
Lot:
means a parcel or contiguous parcels of land in one ownership
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Lot Area:
means the total horizontal area within the Lot Lines of a Lot. In the case of a
corner lot having Street Lines rounded at one (1) or more corners with a radius of
six (6) metres or less, the Lot Area is to be calculated as if the Lot Line were
projected to intersection points.
Lot, Corner:
means 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 intersection of such
streets or parts thereof is not more than one hundred and thirty-five (135)
degrees.
Lot Coverage:
means the percentage of a Lot covered by all buildings and Accessory Buildings
or Structures, but excluding decks attached to the Main Building , balconies,
porches, bay windows, fireplaces, landings and steps, Pools including perimeter
decking which forms part of an above-ground Pool, and any part of a building
which is completely below grade.
Lot Coverage, Parking Lot:
means the percentage of a Lot covered by a Parking Area.
Lot Depth:
means the horizontal distance between the front and rear Lot Lines measured by
a line joining the mid-points of the said Lot Lines.
Lot Frontage:
means the horizontal distance between the Side Lot Lines measured at right
angles. Where the Front Lot Line is not a straight line, or where the Side Lot
Lines are not parallel, the Lot Frontage shall be measured on a line seven
decimal five (7.5) metres back from and parallel to the chord of the Lot Frontage.
For the purpose of this By-law, the chord of the Lot Frontage is a continuous
straight line joining the two (2) points where the Side Lot Lines intersect the Front
Lot Line.
Lot, Interior:
means a Lot other than a corner lot or a Through Lot.
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Lot Line:
means any boundary of a Lot.
Lot Line, Flankage:
means a Side Lot Line which abuts a street on a corner lot.
Lot Line, Front:
means the Lot Line abutting a street but;
In the case of a corner lot, the shorter line that abuts a street shall be deemed the
front Lot Line; or
In the case of a corner Lot with two (2) Street Lines of equal length, the Lot Line
which abuts the wider public highway, shall be deemed to the Front Lot Line, and
in the case of both streets being under the same jurisdiction, or of the same
width, the Municipality may designate either Street Line as the Front Lot Line;
In the case of a corner lot abutting a decimal three (.3) metre reserve, the line so
abutting the decimal three (.3) metre reserve shall be deemed an Exterior Side
Lot Line and the other line abutting the street shall be deemed the Front Lot Line;
a Through Lot that is not a reversed front Lot, the Street Line shall be deemed
the front Lot Line. In case each of such Lot Lines should be of equal length, the
Municipality may designate either Street Line as the Front Lot Line.
Lot Line, Rear:
means the Lot Line most nearly opposite the Front Lot Line.
Lot Line, Side:
means any Lot Line other than a front or Rear Lot Line.
Lot, Through:
means a Lot bounded on two (2) opposite sides by streets.
Lot Width:
means the average horizontal distance between the Side Lot Line measured at
right angles to the defined line indicating lot depth.
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Main Building :
means the building used for the Principal Use of a Lot is conducted.
Major Development (Oak Ridges Moraine):
means development consisting of,
(1) the creation of four or more Lots,
(2) the construction of a building or buildings with a ground floor area of 500
square metres or more, or
(3) the establishment of a major recreational use as described in Section 38
of the Oak Ridges Moraine Conservation Plan.
Manoeuvring Space:
means 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 Vehicles.
Mezzanine:
means that portion of a building which is located above the main floor in the form
of a Balcony, which may be enclosed in whole or in part, and which may be used
for non-retail uses such as offices, employee facilities and lounge areas,
community meeting rooms with kitchen facilities, seating and rest areas, a photo
lab, mechanical, electrical, storage or supply rooms, washroom facilities, and
stairwells, escalators, elevators, or movators. Stairwells, escalators, elevators,
movators, mechanical, electrical or other service rooms shall not be included in
any calculation of the mezzanine floor area.
Motel:
means a building or buildings used to accommodate the travelling public with
sleeping accommodation, with or without private cooking facilities and with
access to each unit directly from the outside.
Motor Vehicle:
means 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.
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Motor Vehicle Body Shop:
means a Premises used for the repair and/or painting of the interior and/or
exterior and/or the undercarriage of Motor Vehicle bodies.
Motor Vehicle Rental Establishment:
means a Premises used for the rental or leasing of Motor Vehicles.
Motor Vehicle Rental Establishment (Business Park):
means a Premises located within the Business Park used as an office for the
purpose of renting or leasing Motor Vehicles and excludes the on-site storage of
Motor Vehicles.
Motor Vehicle Repair Garage:
means a Premises used for the repair, maintenance and/or cleaning of Motor
Vehicles, and may include, as Accessory Uses, a Motor Vehicle inspection
station and the sale of tires and Motor Vehicle accessories, but does not include
the sale of gasoline or a Motor Vehicle Body Shop.
Motor Vehicle Service Station:
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. The use
may include an accessory Convenience Retail, or Motor Vehicle Washing
Establishment. All sales and storage of accessories or repairing and servicing
shall be conducted within a wholly enclosed building.
Motor Vehicle Sales Establishment:
means a Premises 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 Washing Establishment:
means a building or part thereof used for the operation of automobile washing
equipment which is automatic, semiautomatic, manually and/or coin operated.
Multi-Unit Development:
means two or more residential use buildings on the same lot, but does not
include an accessory structure used as a separate residential dwelling:
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Municipality:
means The Corporation of the Town of Aurora
Net Developable Area (Oak Ridges Moraine):
means the area of a Lot or Site, less any area that is within a Key Natural
Heritage Feature or a Hydrologically Sensitive Feature.
Nightclub:
Means a Premises used primarily for the provision of theatrical performances, or
pre-recorded or live musical entertainment for listening or dancing and includes
as an Accessory Use, the sale of food and alcoholic beverages for consumption
on the Premises, however does not include a Restaurant.
Non-conforming or Non-complying:
means a use, a building or structure which does not meet the provisions of this
By-law as of the date of final passing of this By-law.
Noxious Use:
Means any use or activity which, from its nature or from the manner of carrying
on same, causes or is liable to cause a condition which may become hazardous
or injurious with regard to the health or safety of any person, including but not
limited to, the escape of any destructive gas or fumes, dust, objectionable odour,
or a contaminant, as that term is defined in the Environmental Protection Act,
R.S.O. 1990, C. E.19, as may be amended from time to time, in an amount,
concentration or level in excess of that prescribed by the regulations under that
said Act.
Nursing Home:
See: Long Term Care Facility
Oak Ridges Moraine Conservation Plan Area:
means the designated area on Schedules "A", "B", "C" , "D", and "E" Zoning
Maps, to this By-law, in accordance with the Oak Ridges Moraine Conservation
Plan and Provincial Mapping.
Obnoxious Use:
means a use which creates a nuisance, disturbance or offensive impact by the
creation of noise, vibration, emissions, fumes, dust, objectionable odour, or
waste, and without limiting the generality of the foregoing, includes any use which
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may be declared a noxious or offensive trade or business under applicable
Provincial legislation.
Office:
means a Premises used for conducting the affairs of businesses, professions,
services, agencies, governments or like activities.
Office Building:
means a building having more than one storey used for office purposes. A
partial second storey or a Mezzanine level shall not be considered to
constitute a storey.
Outdoor Display and Sales Area:
means 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 produce,
merchandise or supply of services, but does not include a Motor Vehicle Sales or
Rental Establishment.
Outdoor Storage:
means an area of land used in conjunction with a use located within a building or
structure on the same Lot, for the storage of goods and materials.
Park:
means an area consisting largely of open space which may include a recreational
area, playground, play field or similar use.
Private Park:
means a park for public or private use that is not owned by a Public Authority.
Public Park:
means a park owned or controlled by a Public Authority.
Parking Area:
means an area of land provided and maintained upon the same Lot or Lots as
that upon which the Principal Use is located, which:
Comprises all Parking Spaces of at least the minimum number required
according to the provisions of this By-law, and all Driveways, aisles, manoeuvring
areas, entrances, exits, and similar areas used for the purpose of gaining access
to or egress from the said Parking Spaces; and
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Is provided and maintained in accordance with the applicable provisions of this
By-law.
Parking Garage:
means a building or part thereof, used for the parking of Motor Vehicles.
Parking Lot:
means a Lot used for the parking of Motor Vehicles.
Parking Space:
means 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, maneuvering area or similar area.
Partial Service (Oak Ridges Moraine):
means connections linking a building to,
(1) a communal sewage or water service or a full municipal sewage or water
service, and
(2) an individual on-site sewage or water system.
Personal Service Shop:
means a Premises used for the aesthetic care of persons and similar services
such as a barber shop, hair dressing shop, beauty salon, tailor and shoe repair.
Pet Services:
means a Premises used for the aesthetic care, animal day care or training facility
of animals or birds intended for the use as domestic household pets, and may be
placed within a wholly enclosed building. Animal day care will not include
overnight accommodation.
Pit:
means an area of land where unconsolidated gravel, stone, sand, earth, clay, fill
or other material is being removed by means of an excavation to supply materials
for construction, industrial or manufacturing purposes and may include, as an
Accessory Use, facilities for the crushing, screening, washing and storage of
such materials.
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Place of Entertainment:
means a Premises 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 Worship:
means a building or part thereof used by a religious organization for the practice
of religion, faith-based teaching, fellowship and community outreach.
Pool:
means any open artificial body of water located on privately owned property, in
which the depth of the water at any point can exceed 0.8 metres (2.6 ft.) and Pool
shall include above-ground Pools, hot tubs and whirlpools. Pool excludes all
naturally occurring bodies of water and areas used for storm water management.
Premises:
shall mean the area of a building or part thereof occupied or used by a business
enterprise. In a multiple occupancy building occupied by more than one business,
each business shall be considered a separate Premises.
Principal Use:
means the primary or predominant use of the Lot.
Printing, Media and Communications Establishment:
means a Premises used for development, preparation and/or production or
storage of books, newspapers, periodicals, flyers or other printed materials.
Private Home Day-Care:
means a “private-home day care” as defined by the Day Nurseries Act (1990), as
amended.
Public Authority:
means any commission, committee, board, department or agency of the
Government of Canada, Province of Ontario, Regional Municipality of York, Town
of Aurora, Lake Simcoe Region Conservation Authority, Toronto and Region
Conservation Authority or the local hydro utility.
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Rail Corridor:
The railway right-of-way of any railway company.
Rapid Infiltration Basin (Oak Ridges Moraine):
means a basin or system of basins at or below surface grade that is constructed
in porous soil and punctures through a relatively impermeable layer to gain
access to a more permeable sand or gravel layer, so as to rapidly infiltrate into
the ground, at a single point or area of concentration, surface runoff collected
from Impervious Surfaces.
Rapid Infiltration Column (Oak Ridges Moraine):
means a column or system of columns at or below surface grade that is
constructed in porous soil and punctures through a relatively impermeable layer
to gain access to a more permeable sand or gravel layer, so as to rapidly
infiltrate into the ground, at a single point or area of concentration, surface runoff
collected from Impervious Surfaces.
Recreation Centre:
means a Premises in which facilities are provided for recreational, athletic and
leisure activities, and includes an arena, bowling alley, curling rink, bingo hall, ice
or roller skating rink, and like facilities, and may also include accessory
Restaurant and accessory retail uses.
Repair Shop:
means a Premises, used primarily for servicing or repairing mechanical
equipment. Items for repair or service may include but are not limited to: furnace
or oil burners, water and air coolers and domestic water heaters; fixtures and
equipment and any other like articles, light construction or lawn care equipment,
but excluding the repair of Motor Vehicles or boats.
Research and Training Facility:
means a building or part thereof which is used for the purpose of research and
development including investigations involving the natural and physical sciences
including such matters as chemistry, medical services, electronics and research
involved with the manufacturing process and may include the training of persons
for such research and development activities.
Reserve:
means a Strip of land abutting a public highway owned by a Public Authority
having jurisdiction over the public highway.
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Restaurant:
means a Premises used for the preparation and serving of food and beverages to
the public for consumption at tables within the Premises or outside the building
on a patio or terrace and may include take-out service.
Retail, Ancillary:
means an area of manufacturing or warehousing use which is devoted to the sale
of goods to the general public which are either manufactured or warehoused on
the Site.
Retail Store:
means a building or part thereof in which goods, wares, merchandise,
substances or articles are offered or kept for sale directly to the public at retail.
Retirement Home:
means a Premises used for the accommodation of retired or semi-retired persons
where each suite has a separate private bathroom and separate entrance from a
common hall and where common facilities for preparation and consumption of
meals may or may not be provided and where common lounges, recreation
rooms and medical care facilities may also be provided, and may include a Long
Term Care Facility.
Road, Private:
Means a private right-of-way used by Motor Vehicles, which is not owned by a
Public Authority.
School, Commercial:
means a Premises operated as a school with teachings dedicated to a
specialized skill set, but shall not include a Private School orpublic school.
School, Private:
means a school other than a public school or Commercial School operated by a
non-profit organization and supported by private means.
School, Public:
means 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.
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Service Shop:
means a Premises, whether conducted in conjunction with a Retail Store or not,
used for servicing or repairing of personal items, electronics and domestic
appliances.
Service Room:
means a room or space in a building to accommodate building service equipment
such as air conditioning or heating appliances electrical services, pumps,
compressors and incinerators.
Setback:
means the required distance between a Lot Line and the nearest wall of any
building or structure.
Shopping Centre:
means a group of commercial uses, with shared off-street parking provided on
the property, as distinguished from a business area comprised of unrelated
individual uses.
Significant (Oak Ridges Moraine):
means identified by the Ministry of Natural Resources, using evaluation
procedures established by that Ministry, as amended from time to time.
Site Alteration (Oak Ridges Moraine):
means activities such as filling, grading and excavation that would change the
landform and natural vegetative characteristics of land, but does not include,
(1) the construction by a public body, of facilities for transportation,
infrastructure and utilities uses, as described in Section 41, of the Oak
Ridges Moraine Conservation Plan, or
(2) for greater certainty,
i) the reconstruction, repair or maintenance of a drain approved under
the Drainage Act and in existence on November 15, 2001, or
ii) the carrying out of agricultural practices on land that was being used
for Agricultural uses on November 15, 2001.
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Solar Panel:
Means an Accessory Structure designed specifically for the collection of solar
energy for the purposes of converting such energy for heating, lighting, water
production or any other domestic or commercial use that may be obtained from
such source.
Stacking Lane:
means the area which provides standing room for vehicles in a queue while
awaiting service from a Drive-Through Facility. For the purposes of this definition,
a Stacking Lane shall be measured by the required length of a Stacking Space
times the number of spaces required.
Stacking Space:
means a rectangular space that may be provided in succession and is designed
to be used for the temporary queuing of a Motor Vehicle in a Stacking Lane.
Storey:
means the horizontal division of floors above the Average Finished Grade.
Storey, First:
means the Storey with its floor closest to grade and having its ceiling more than
1.8 metres above Average Finished Grade adjacent to the exterior walls.
Stormwater Management Pond:
means a detention basin that temporarily stores or treats collected stormwater
runoff and releases it at a controlled rate.
Street or Road, Public:
means a public highway, which has been assumed by the Town, as defined by
"The Municipal Act", as amended and "The Highway Traffic Act", as amended but
excludes a lane or any private right-of-way or unopened road allowance.
Street Line:
means the boundary between a Lot and a public highway or a 0.3 metre reserve
abutting a public highway.
Structure:
means anything that is erected, built or constructed of parts joined together and
affixed to the ground, but excludes fences, signs and retaining walls.
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Studio:
means a Premises used or dedicated to the pursuit or education of the arts or in
which media broadcasts are produced.
Supportive Housing:
A non-profit institutional establishment providing counselling, assistance, physical
therapy, rehabilitation and temporary emergency shelter for the victims of a
domestic or marital conflict or physical assault.
Supermarket:
means an establishment greater than 1000 square metres in which food and
other household items are sold at retail to the general public. Services may also
be offered for sale provided they are subordinate to the main use and may
include an accessory garden centre.
Temporary Sales Trailer and/or Office:
means a building or part of a building used for the offering of Lots and/or dwelling
units for sale to prospective purchasers, incidental to the construction of new
housing developments.
Time of Travel (Oak Ridges Moraine):
means the time that is needed for groundwater to travel a specified horizontal
distance in the saturated Zone.
Tourist or Travel Trailer:
means a tent trailer, truck camper or house trailer that is used or intended to be
used for a short term and is located or parked on a Site for a temporary or
seasonal period.
Transportation Terminal:
means a Premises used for, or in combination with, the storage of trucks and/or
buses and which may include as Accessory Uses the storage of goods, loading
and unloading, and the servicing and repair of the stored vehicles.
Use:
means 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.
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Vehicle Weight, Gross:
means the weight of a vehicle plus a full load, as specified on the owner's vehicle
registration.
Veterinarian Clinic:
means a Premises where domestic animals or birds, excluding livestock are
treated, but not kept for overnight treatment or board.
Warehouse:
means a Premises used for the storage and or distribution of wares or goods,
however does not include a Commercial Self Storage Facility or a transportation
terminal.
Warehouse Membership Club:
means Premises where a wide range of goods is stored and kept for sale in a
Warehouse format, and where patronage of the building shall be restricted to
businesses or persons and their guests who are members of the club or
organization which operates the Warehouse Membership Club and may include,
as Accessory Uses, a tire and lube service shop and an accessory Garden
Centre.
Wellhead Protection Area:
means the surface and subsurface area surrounding a water well or well field
that supplies a public water system and through which contaminants are
reasonable likely to move so as eventually to reach the water well or well field.
Wind Turbine:
means a machine for producing electricity in which a wheel or rotor is made to
revolve by a flow of air.
Woodland:
means a treed area, woodlot or forested area, other than a cultivated fruit or nut
orchard or a plantation established for the purpose of cultivating Christmas trees.
Yard:
means an open, uncovered area on a Lot between the nearest wall of the Main
Building and a Lot Line.
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Yard, Exterior Side:
means the Side Yard of a corner lot which Side Yard extends from the Front Yard
to the Rear Yard between the flankage lot line and the nearest wall of any
building or structure.
Yard, Front:
means 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, Rear:
means 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, Side:
means 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.
Illustration of Yard Definitions
FRONT YARD
MAIN
BUILDING
INTERIOR
INTERIOR LOT LINE
MAIN
BUILDING
REAR YARD
INTERIOR
SIDE YARD
INTERIOR
REAR YARD
EXTERIOR
STREET
FLANKAGE LOT LINE
REAR LOT LINE
FRONT YARD
FRONT LOT LINE
STREET
NOTE: The above illustration is for clarification and
convenience and does not form part of this By-law.
Zone:
means a designated area of land use shown on the Schedule "A" to this By-law.
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SECTION 4
GENERAL PROVISIONS
The contents of this Section are:
SECTION
TITLE
PAGE
4.1
Accessory Buildings and Uses
Section 4 – Page 3
4.2
Non-Conforming/ Non Complying
4.3
Established Building Line
Section 4 – Page 5
4.4
Dwelling unit in a Non-Residential Zone
Section 4 – Page 5
4.5
Lot Frontage on Road or Street
Section 4 – Page 6
4.6
Home Occupation
Section 4 – Page 6
4.7
Planned Width of Road Allowance
Section 4 – Page 7
4.8
Landscaping Strip
Section 4 – Page 7
4.9
Public Services Permitted
Section 4 – Page 8
4.10
Railway Crossing and Sight Distance
Section 4 – Page 9
4.11
Daylighting or Sight Triangles
Section 4 – Page 9
4.12
Swimming Pools
Section 4 – Page 9
4.13
Temporary Construction Uses Permitted
Section 4 – Page 10
4.14
Through Lot
Section 4 – Page 10
4.15
Trailer or Boat Storage
Section 4 – Page 10
4.16
Location of Gasoline and Propane Pumps & Canopies
Section 4 – Page 4
Section 4 – Page 10
4.17
Use for Hazardous Purposes
Section 4 – Page 10
4.18
Uses Prohibited
Section 4 – Page 11
4.19
Outside Storage and Display of Goods and Material
Section 4 – Page 11
4.20
Vacant Lot - Storage
Section 4 – Page 12
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4.21
Yard Exception Terrain Unsuitability
Section 4 – Page 12
4.22
Yard and Setback Encroachments Permitted
Section 4 – Page 13
4.23
Ancillary Retail
Section 4 – Page 16
4.24
Municipal Services Required
Section 4 – Page 16
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SECTION 4
GENERAL PROVISIONS
The following general provisions shall apply to all zones.
4.1
ACCESSORY BUILDINGS AND USES
Where this By-law provides that a Lot may be used or a building or
structure may be erected or used for a purpose, that purpose shall
include an Accessory Building or structure as provided for in this
By-law, but shall not include any occupation conducted in this building
or structure except as provided for in this By-law.
4.1.1
Location:
Any Accessory Building or structure shall be erected to the rear of the
Front Yard and shall comply with the yard requirements of the Zone in
which such building or structure is situated with the except that no
Accessory Building or structure shall be located closer to the rear lot
line than one (1) metre. In the case of the Estate Residential Zone no
Accessory Building or structure shall be located closer to the Rear Lot
Line than four decimal five (4.5) metres.
4.1.2
4.1.3
Height:
a)
Where the Lot Area is less than 400.0 m2, the maximum height for
Accessory Buildings and structures in any Residential or
Commercial Zone shall not exceed three decimal five (3.5)
metres.
b)
Where the Lot Area is more than 400.0 m2, the maximum height
for Accessory Buildings and structures in any Residential or
Commercial Zone shall not exceed four decimal five (4.5) metres.
c)
In all other zones, the maximum height for Accessory Buildings
and structures will be what is permitted in the Zone. The
Promenade Overlay Zone shall comply with the base Zone
category.
Lot Coverage:
Except as otherwise stated in this By-law and for the purposes of Lot
Coverage calculations, the following Lot Coverage provisions shall
apply to Accessory Buildings and structures, and shall not be included
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in the maximum Lot Coverage as set out in the Zone in which such Lot
or parcel is situated in:
4.1.4
a)
Where the Lot Area is less than 400.0 m2, the maximum Lot
Coverage for Accessory Buildings and structures shall not exceed
7.5%.
b)
Where the Lot Area is equal to or greater than 400.0 m2, the
maximum Lot Coverage for Accessory Buildings and structures
shall not exceed 15% and in no case shall the total Lot Coverage
of the Lot exceed 50%.
Gatehouse:
Notwithstanding any provision to the contrary, where an Accessory
Building is a Gatehouse it shall not exceed 10.0 m2 in floor area, and
shall only be permitted and located in an Employment Zone, Business
Park Zone or a multiple residential development.
4.1.5
Satellite Dishes:
Satellite dishes with a maximum width of 1.0 metre each are permitted
in any Zone provided they are mounted on an exterior wall, roof or
chimney of the principal building of the Lot on which it is located.
In any Residential Zone with the exception of Apartment Residential
Zones, not more than 2 satellite dishes shall be permitted per primary
dwelling unit on the Lot and may not project 1.0 metre from the
building.
In all Commercial, Institutional, Employment and Apartment
Residential Zones: shall be mounted on the roof of the Main Building
and shall comply with the yard and Setback requirements for the Main
Building. The maximum permitted distance between the mean height
of the roof and the highest point of the dish and/or mount and/or other
member shall be 4.5 metres. A satellite dish shall not be included in
the calculation of building height.
4.1.6
Central Air Conditioners and Heat Pumps:
Notwithstanding the provisions of Sections 4.1.2 and 4.1.3, in all
residential zones:
i)
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Central air conditioners and/or heat pumps shall be permitted in
rear and Side Yards only, subject to a minimum Setback of 0.6
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metres from interior Side Lot Lines, 3.0 metres from exterior Lot
Lines, and 4.5 metres from rear Lot Lines.
ii)
4.2
4.2.1
Notwithstanding the provisions of Section 4.1.6.i above, central
air conditioners and/or heat pumps in apartment residential
zones shall be roof mounted.
NON-CONFORMING BUILDINGS, STRUCTURES AND USES
Safe Condition, Non-conforming Buildings:
Nothing in the By-law shall prevent the strengthening to a safe
condition of any building or structure or part of any such building or
structure which does not comply with the provisions of this By-law,
provided such alteration or repair does not increase the height, size or
volume or change the use of such building or structure.
4.2.2
Existing Buildings:
Where a building has been erected prior to the date of the passing of
this By-law, on a Lot having less than the minimum Lot Frontage
and/or Lot Area, or having less than the minimum Front Yard and/or
Side Yard and/or Rear Yard required by this By-law, the said building
may be enlarged, repaired or renovated provided that the enlargement,
repair or renovation does not further reduce a Front Yard and/or Side
Yard and/or Rear Yard having less than the minimum required by this
By-law; and that all other provisions of this By-law are complied with.
4.2.3
Continuation of Existing Uses:
The provisions of this By-law shall not apply to prevent the use of any
land, building or structure for any purpose prohibited by this By-law, if
such land, building or structure was lawfully used for such purpose on
the date of passing of this By-law, so long as it continues to be used
for that purpose.
4.2.4
Existing Undersized Lots:
A vacant Lot held in distinct and separate ownership on the date of
passing of this By-law, except for a Lot in a registered plan of
subdivision, having less than the minimum Lot Frontage and/or Lot
Area required by this By-law may be used for a purpose permitted in
the Zone in which said Lot is located provided that all other applicable
provisions in this By-law are complied with.
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4.2.5
Effect of Expropriation or Road Widening:
Where the dimensions of a Lot are reduced by an expropriation or
acquisition by an authority with the power of expropriation or a road
widening, such reduction shall not prevent the use of the Lot for a
purpose or in such a manner and in accordance with all applicable
parking standards and requirements and all applicable Zone
Requirements as would have been allowed for the Lot as it existed
prior to such expropriation or acquisition by a Public Authority with the
power of expropriation or road widening; and a building or structure
may be erected, altered, or used in a manner and in accordance with
all applicable parking standards and Zone Requirements thereon as
would have been allowed for the Lot as it existed prior to such
expropriation or acquisition by a Public Authority.
4.3
ESTABLISHED BUILDING LINE
Notwithstanding any other provisions of this By-law in any Zone, main
structures built between existing buildings within sixty (60) metres on
each side of the proposed buildings on the same block may be built
with a Setback which is equal to the average Setback of the adjacent
buildings but this Front Yard Setback shall not be less than three (3)
metres from the front Lot Line.
4.4
DWELLING UNIT IN A NON-RESIDENTIAL ZONE
Where a dwelling is permitted in a non-residential zone:
4.4.1
The dwelling part of the building shall have a separate building
entrance to that provided for the non-residential use.
4.4.2
In a non-residential building, any dwelling unit shall be located above
the first storey of such building.
4.4.3
Notwithstanding Commercial (C) Zones within the Promenade Overlay
Zone, the floor area of the residential portion shall not exceed fifty (50)
percent of the total floor area of the building.
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4.5
LOT FRONTAGE ON ROAD OR STREET
No person shall erect or use any building or structure in any Zone
unless the Lot upon which such building or structure to be erected
fronts upon a public or private street. This provision shall not apply to
restrict the erection of any building or a Lot in a registered plan of
subdivision where a subdivision agreement has been entered into but
the streets will not be assumed until the end of the maintenance
period.
4.6
HOME OCCUPATION
Where a Home Occupation is permitted in this By-law, it shall comply
with the following regulations:
4.6.1
It shall be conducted entirely within the dwelling or permitted accessory
buildings.
4.6.2
There shall be no mechanical equipment used except where ordinarily
used for domestic purposes.
4.6.3
No more than one person not resident in the dwelling shall be
employed in the Home Occupation.
4.6.4
Such 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 house or unit nor create or become a public
nuisance, such as noise, noxious odours, emission of smoke, traffic, or
parking.
4.6.5
Not more than twenty-five (25) percent of the gross floor area of the
dwelling shall be used for the purpose of Home Occupation uses.
4.6.6
Where a single detached dwelling unit, semi-detached dwelling unit, or
link house dwelling unit contains a second suite dwelling unit and is
permitted to have a Home Occupation, the Home Occupation shall be
permitted in only one unit.
4.7
PLANNED WIDTH OF ROAD ALLOWANCE
Where a Lot abuts a road under the jurisdiction of the Province of
Ontario or the Regional Municipality of York, the regulations of those
agencies respecting Front Yard Setbacks shall apply unless the
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appropriate Zone provisions of this By-law is greater, in which case,
the greater requirement will apply.
4.8
LANDSCAPING STRIP
Any Lot in a Commercial, Employment, Institutional or Multiple
Residential (more than four dwelling units per Lot) zoned lands that is
adjacent to any Residential Zone, or residential use, shall require a
Landscaping Strip in accordance with the following regulations.
4.8.1
Location:
The Landscaping Strip be located adjacent to the entire length of any
property line which abuts a Residential Zone, which is either:
i)
3 metres in width containing an earth Berm having a maximum
slope of 3:1 where upon there is a 1.5 metre wide planting strip
consisting of suitable trees and shrubs;
- or -
ii)
A grassed strip 1.5 metres in width containing an opaque fence
with a minimum height of 1.5 metres.
iii)
Access ramps or Driveways shall be permitted to cross such
Landscaping Strips.
4.8.2
The provisions of Section 4.8 and 4.8.1 shall not apply to Private
Schools. Where Private Schools are adjacent to any Residential Zone,
or residential use, the Landscaping Strip shall be a minimum of 1.5
metres in width with either an opaque or chain link fence.
4.9
PUBLIC SERVICES PERMITTED
Nothing in this by-law shall prevent or restrict the use of any land or to
the erection or use of any building or structure for the purpose of public
service by The Corporation of the Town of Aurora, and/or any Public
Authority, The Regional Municipality of York, the Government of
Canada or Ontario including the local hydro utility, or any telephone,
internet or gas company provided that in any Residential Zone:
i) There is no open storage, except as permitted in such Zone.
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ii) The Lot Coverage and Yard requirements for such zones are
complied with.
iii) Any building erected under the authority of this paragraph shall be
designed and maintained in general harmony with residential buildings
of the type permitted in such areas.
iv) Parking and loading requirements of this By-law shall be complied
with.
4.9.1
Installation of Services and Public Utilities:
Nothing in this By-law shall prevent the installation of a watermain,
sanitary sewer main, storm sewer main, gas main, pipe line, electricity
generation facilities, electric transmission and distribution systems,
telephone and internet lines provided that the location has been
approved by the appropriate Public Authority.
Notwithstanding the generality of the foregoing, this approval by the
Corporation shall not be required for any undertaking which has been
authorized pursuant to the provisions of the Environmental
Assessment Act (1990), as amended.
4.9.1.1
Hydro Corridor Lands:
Uses such as athletic fields, public and private parks, agriculture,
community gardens, road crossings and other utilities from Hydro One
are permitted within Hydro Corridors. Parking lots and outdoor storage
that are permitted in abutting lands may also be permitted. All uses
shall be approved by the appropriate Public Authority
4.9.2
The provisions of this section shall not apply to lands in any "Oak
Ridges Moraine” (ORM) Zone.
4.10
RAILWAY CROSSING AND SIGHT DISTANCE
Where any road or public street crosses a railway at the same grade,
no building or structure shall be erected within fifty (50) metres of the
point of intersection of the centre line of both the railway and the street.
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4.11
DAYLIGHTING OR SIGHT TRIANGLES
On any 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 one (1) metre above the grade of the streets that abut the
Lot within the Daylighting Triangle triangular area enclosed by the
intersecting Street Lines for a distance of six (6) metres from their point
of intersection.
4.12
SWIMMING POOLS
Unless otherwise stated in this By-law, Pools shall be located in
Residential Zones, excluding Apartment Residential Zones,
accordance with the following:
1) Pools shall be located in the Rear and Side Yards only;
2) Setback a minimum of 1.2 metres from the Rear and Side Lot
Lines
4.12.1
Estate Residential, and Rural Zones:
Pools shall be located in accordance with the Setback requirements for
the Main Building with the exception of the Rear Yard, in which pools
shall be setback a minimum of 4.5 metres.
4.13
TEMPORARY CONSTRUCTION USES PERMITTED
Nothing in this By-law shall prevent uses incidental to construction
such as a construction camp or other such temporary work camp, a
tool shed, scaffold or other building or structure incidental to the
construction, provided that these uses shall be permitted only for so
long as are necessary for work in progress which has been neither
finished nor abandoned, and for which a building permit has been
issued and remains in force.
4.14
THROUGH LOT
On any Through Lot, the Setback and Front Yard requirements shall
apply on each street in accordance with the provisions of the Zone or
zones in which such Lot is situated.
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4.15
TRAILER OR BOAT STORAGE
In any Residential Zone, no Yard shall be used for the storage of any
boat, tourist trailer, mobile home, truck camper or other similar vehicle
except that no more than two (2) such vehicles may be stored in either
a rear or interior Side Yard provided that such vehicles do not exceed
seven decimal five (7.5) metres in length.
4.16
LOCATION OF GASOLINE AND PROPANE PUMPS & CANOPIES
The following provisions shall apply to Motor Vehicle Service Stations,
Motor Vehicle Repair Garages and Building Supply Outlets:
4.17
(a)
The minimum distance of pumps and canopies from the Street
Line of the street upon which the Lot fronts shall be four decimal
five (4.5) metres,
(b)
The minimum distance of pumps and canopies from the nearest
part of the Daylighting Triangle shall be three (3) metres.
USE FOR HAZARDOUS PURPOSES
No land, building or structure shall be used for any commercial or
employment purpose as is likely to create danger to health or danger
from fire or explosion except in accordance with the provisions of any
regulations, or Provincial legislation.
4.17.1
Use for Noxious Purposes:
No use shall be permitted which from its nature or the materials used
therein is a noxious trade, business or manufacture.
4.17.2
Source Water Protection:
Notwithstanding any other provisions contained in this By-Law, uses
within or adjacent to the source water protection area as described by
Schedule “XX” of this by-law are subject to the Regional Municipality of
York’s Source Water Protection (ROPA 5) Policies.
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4.19
USES PROHIBITED
Notwithstanding any other provisions contained in this By-law, the
following uses are prohibited within six hundred (600) metres of any
Residential or Promenade Overlay Zone:
4.19.2
The use of any land or Lot for the purpose of a track for the racing of
Motor Vehicles or motorcycles or go-carts or snowmobiles.
4.19.3
The use of any land or Lot for the purpose of a scrap or salvage yard.
4.19.4
The use of any land or Lot for the purpose of a waste disposal area,
landfill site, or dump except for public landfill sites owned and/or
operated or approved by the Town of Aurora.
4.19.5
The use of any land or Lot for the manufacture or storage of fertilizers
from human or animal wastes.
4.19.6
The making or establishment of pits or quarries and no person shall
use land or erect any building or structure for the purpose of
processing, washing, sorting, screening or crushing rock, sand or
gravel.
4.20
OUTSIDE STORAGE AND DISPLAY OF GOODS AND MATERIAL
On lands where outside storage and display of goods and materials is
permitted the following provisions shall apply:
4.20.1
The area used for outside storage and display shall not be more than
twice the gross floor area above grade of the main building, or portion
of any such building constructed upon the Lot, and used for the
commercial purpose for which the outside storage is permitted, to a
maximum of 35% of the Lot Area.
4.20.2
The area used for outside storage and display shall not reduce the
areas required for parking by the zone.
4.20.3
The area used for outside storage and display shall provide side and
Rear Yards in accordance with the provisions for the Zone in which the
land is situated, however shall not be closer to any side or rear Lot Line
than three (3) metres.
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4.21
VACANT LOT – STORAGE
Notwithstanding any other provisions of this By-law, on any Lot in a
Residential Zone on which a Main Building has not been erected, the
storage or parking of a Motor Vehicle, boat, tourist trailer or other
similar vehicle shall not be permitted.
4.22
YARD EXCEPTION TERRAIN UNSUITABILITY
Where in this By-law a Front Yard, Side Yard or Rear Yard is required,
and part of the area of the Lot is usually covered by water or marsh; is
beyond the rim of a cliff or embankment having a slope of 30 degrees
or more from the horizontal, or beyond the tow of such slope; than any
required yard shall be measured from the nearest part of any building
structure to the nearest part of such part of the Lot.
4.24
YARD AND SETBACK ENCROACHMENTS PERMITTED
The structures listed in the following table shall be permitted to project
into the minimum yards indicated for the distances specified:
Structure or Feature
Yard
Sills, belt courses,
cornices, gutters
chimneys, pilasters ,
eaves, parapets or
canopies
Window Bays –a
maximum width of 3m
Window Bays –a
maximum width of 3m
Porches, terraces, patios
and decks
(3.0 m in height or less)
Any yard
Porches, terraces, patios
and decks
(3.0 m in height or less)
Rear Yards
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Encroachment
(Maximum)
0.7 m
Front, Rear and Exterior
Side Yards
Interior Side Yards
1m
Front & Exterior Side
Yards
2.5 m
0.33 m
In no case shall be 4.5 m
from the Front Lot Line, 3
m from the Exterior Side
Yard Lot line.
3.7 m
In no case shall be 3.8 m
from the Rear Lot Line
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Balconies
Balconies
Steps, Landings
Steps, Landings
Drop awnings, clothes
lines, poles, flag poles,
garden trellises,
ornamental light poles,
retaining walls, or fences
Front and Exterior Side
Yards for all residential
buildings
Rear Yards for all
residential buildings
2m
Front, Rear and Exterior
Side Yards for detached,
semi-detached, duplex
and triplex dwellings and
any yard for other
residential buildings
Interior Side Yards for
detached, semidetached, duplex and
triplex dwellings
2m
All yards
2.5 m
In no case shall be closer
than 4.5 m from the Front
Lot Line and 2.1 m from
the exterior Side Lot Line
0.9 m
In no case shall be closer
than 0.3 m from the Lot
Line.
Nil
4.24.1
Where a deck or Balcony is located closer than 1.2 metres to a Side
Lot Line, a privacy screen with a minimum height of 1.5 metres shall be
required along the full extent of the deck or Balcony abutting that Lot
Line.
4.25
ANCILLARY RETAIL
Where ancillary retail is permitted in this By-law, the ancillary retail
area shall be wholly contained within an enclosed building and be
separated from the rest of the Premises by a solid partition extending
from the floor to the ceiling, and shall not exceed 20% of the Gross
Floor Area of the Premises or 200 square metres, whichever is less.
4.26
MUNICIPAL SERVICES REQUIRED
No building may be erected or enlarged unless the land is serviced by
municipal water and sewage systems as identified in Municipal Servicing Bylaw 5632-14 as amended.
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SECTION 5
5.1
PARKING & STACKING REQUIREMENTS
PARKING SPACE REQUIREMENTS
The Parking Space requirements of this By-law shall apply in all cases
wherever a Lot or building is used or is converted for any use unless
stipulated elsewhere in this By-law.
5.2
PARKING SPACE DIMENSION REQUIREMENTS
One single and tandem Parking Space shall have a dimension of 2.7
metres by 5.3 metres.
One parallel Parking Space shall have a dimension of 2.7 metres by
6.5 metres.
5.3
REQUIRED MANOEUVRING SPACE
All single and parallel spaces shall have adequate provisions for
Manoeuvring Space or Driveway purposes as follows:
90 degree spaces
60 degree spaces
45 degree spaces
Less than 45 degree spaces
7.4 metres
5.2 metres
4.2 metres
3.6 metres
Tandem parking spaces do not require minimum Manoeuvring Space.
5.4
PARKING STANDARDS
The following Parking Standards shall apply to the total Gross Floor Area (GFA)
devoted to the use, unless otherwise specified in this By-law.
Type of Use
Minimum Parking Standards
Adult Entertainment, Body Rub
16.0 spaces for each 100 sqm of GFA
Animal Hospital
3.6 spaces per 100 sqm of GFA
Art Gallery, Museum
3.5 spaces per 100 sqm of GFA
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Banquet Hall
11.0 spaces for 100 sqm of GFA
Clinic
6.5 spaces per 100 sqm of GFA
Commercial School
4.0 spaces for each teaching classroom. Plus
additional spaces for any area for public
assembly
1.0 space per 4 seats or 3 metres of bench
space or 11.0 spaces per 100 sqm, if no fixed
seats
2.5 spaces per 100 sqm of GFA
Convention Centre
Daycare Centre, Adult Day Centre,
Intergenerational Day Centre
Dwelling unit- detached, semi-detached,
Dwelling unit- duplex, triplex, double-duplex
2.0 spaces per dwelling unit
1.0 space per dwelling unit
Dwelling unit- Townhouse, apartment 1.5 spaces per dwelling unit, minimum 20% for
building, building containing commercial visitor parking
and residential units
Dwelling, Second Suite
1.0 space for the Second Suite Dwelling in
addition to the residential parking space
requirements in this By-law.
Financial Institutions
8.0 spaces per 100 sqm of GFA devoted to use
Fitness Centre, Recreation Centre
5.0 spaces per athletic court,
6.0
spaces
per
tennis
court
4.0 spaces per 100 sqm of GFA for exercise
rooms or similar uses
6.0 spaces per 100 sqm of floor area or 1 space
for each 5 seats capacity of the chapel,
whichever is greater
24.0 spaces for each 9 holes
Funeral Parlours
Golf Courses
Plus 3.5 spaces per 100 sqm of GFA for the
club house
Home Occupation
Plus 2.5 spaces per 100 sqm of GFA for any
other facility provided
1.0 space per 25 sqm of GFA for Home
Occupational purposes in addition to the
residential requirement
2.0 spaces per 25 sqm of GFA for a medical
practitioner Home Occupation in addition to the
residential requirement
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Hospital
3.0 spaces per 100 sqm of GFA
Hotels, Motels
1.0 space per room plus parking requirements
for any other use
Hotels, Motels within Business Park Zone
Employment
uses
(unless
1.0 space per room plus 10 spaces per 100
sqm of GFA devoted to public uses
otherwise 2.0 spaces for 100 sqm of GFA
specified), Gross Floor Area of 2,800 sqm or
less
Employment
uses
(unless
otherwise 1.5 spaces for 100 sqm of GFA
specified), Gross Floor Area between 2,8015,600 sqm
Employment
uses
(unless
otherwise
specified), Gross Floor Area of 5,601 sqm or
greater
Employment uses within Business Park
Zone including:
-Food Processing Establishment
-Research and Training Facility
-printing, media and communications
establishment
1.0 spaces for 100 sqm of GFA
2.0 spaces per 100 sqm for first 3,000 sqm of
GFA,
plus 1.0 space per 100 sqm for next 3,000 sqm
of GFA,
plus 0.5 spaces per 100 sqm of remaining GFA
Long Term Care Facility, Retirement Home
0.5 spaces per dwelling unit
Motor Vehicle Body Shop
7.5 spaces per 100 sqm of GFA
Motor Vehicle Repair Garage
7.5 spaces per 100 sqm of GFA
Motor
Vehicle
Service
Station,
Service 3.5 spaces per 100 sqm of GFA
Shop, Repair Shop
Multiple unit buildings within Employment 2.0 spaces per 100 sqm of GFA or 4.0 spaces
Zones
per unit, whichever is greater
Multiple unit buildings within Business Park 3.0 spaces per 100 sqm for first 100 sqm of
Zone
GFA,
plus 2.0 spaces per 100 sqm for next 2,700
sqm of GFA,
plus 1.0 space per 100 sqm for next 3,000 sqm
of GFA,
plus 0.5 soaces per 100 sqm of remaining GFA
Page 57 of 99
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Town of Aurora
Zoning By-law # ####-15
Office
3.5 spaces per 100 sqm of GFA
3.3 spaces per 100 sqm of GFA
Personal Service Shop
Place of Entertainment, Private Club
11.0 spaces for 100 sqm of GFA within the
building
Place of Worship
1.0 space for every 6 seats, where parking
cannot be determined by seats 6.5 spaces per
100 sqm of GFA
Private Schools, Public Schools
(Elementary)
Public Schools (Secondary)
1.5 spaces per teaching classroom
Research and Training Facility
3.5 spaces for 100 sqm of the research area
and any associated office, plus 1 space for
each 100 sqm of the facility used for storage
11.0 spaces for 100 sqm of GFA
4.0 spaces per teaching classroom
Restaurant
Retail,
6.0 spaces per 100 sqm of GFA
-Supermarket
4.5 spaces per 100 sqm of GFA
-All other Retail, Retail Convenience
Storage,
Commercial
Self
Storage, 1.0 space per 100 sqm of GFA
Warehouse
Studio
3.5 spaces per 100 sqm of GFA
Shopping Centre- GFA less than 28,000 sqm
4.5 spaces per 100 sqm of GFA
Shopping Centre- GFA exceeds 28,000 sqm
5.4 spaces per 100 sqm of GFA
Temporary Sales Trailer and/or Sales Office
11.0 spaces per 100 sqm of GFA, no case shall
be less than 15 spaces
Unspecified Uses
4.5 spaces per 100 sqm of GFA
Warehouse within a Multi-Unit Building
3.0 per 100 sqm for first 100 sqm
Plus 2.0 per 100 sqm for next 900 sqm,
Plus 1.1 per 100 sqm for remaining space
Page 58 of 99
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Town of Aurora
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5.4.1
Promenade Parking Standards:
Notwithstanding section 5.4, the following requirements applies for lands within the
Promenade Overlay Zone:
Promenade Overlay Zone
Downtown Area & Upper Downtown
Area, as shown on Schedule “A” of
this By-law
Minimum Parking Standards
New uses within any existing building are exempt
from additional parking requirements provided:
•
The lands are located in the ‘Downtown
Area’ north of Mosley Street and east of
Temperance Street.
All other lands in the Downtown Area the following
standards shall apply:
•
•
Downtown Shoulder Area, as shown
on Schedule “A” of this By-law
New non-residential development: 1.0 space
per 100 sqm of GFA
New residential development: 1.0 space per
unit, inclusive of visitor parking
New non-residential development: 2.0 spaces per
100 sqm of GFA
New residential development: 1.0 space per unit,
inclusive of visitor parking
Promenade General, as shown on
Schedule “A.1” of this By-law
Retail: 3.5 spaces 100 sqm of GFA
Hotels/ Motels: 1.25 spaces per room
Office and Institutional Uses: 2.5 spaces per 100
sqm of GFA
New Apartment residential development: 1.0 space
per unit, inclusive of visitor parking
New Freehold residential development: 1.5 spaces
per unit
5.4.1.1
Location:
All Parking Lots within the Downtown Area, Upper Downtown Area,
Downtown Shoulder Area and Promenade General Area shall only be
permitted within the Rear Yard or below grade.
Page 59 of 99
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Town of Aurora
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5.5
PARKING LOT REQUIREMENTS
All Parking Lots and access Driveways required in accordance with the
provisions of this section and all Commercial, Employment, and
Institutional uses, residential buildings or structures to be used, erected
or enlarged requiring 5 or more Parking Spaces in one Parking Area
and all commercial, employment and institutional Parking Areas shall
be designed and constructed in accordance with the following
provisions:
5.5.1
Surface Treatment:
All Driveways, except those in Rural Zones shall be treated with a hard
stable surface so as to prevent the raising of dust or loose particles.
5.5.2
Setbacks:
Where a Parking Lot or Parking Area having capacity for five or more
cars, or Driveway serves an apartment building or any other multiple
family use, no Parking Space manoeuvring area and/or Driveway shall
be located within a Side Yard or Rear Yard closer to any wall of a
building than one decimal five (1.5) metres.
5.5.3
Off-street Parking in Yards:
No part of any Parking Area other than a Driveway is permitted in any
Front Yard in any Residential Zone. No off street parking other than
visitors parking shall be permitted in any Front Yard in any Restricted
Employment (E1) Zone. In all other zones where parking is permitted
in the Front Yard, the Parking Area shall be separated from any
adjacent Street Line by a Strip of land not less than one decimal five
(1.5) metres in width, which shall be reserved for Landscaping
purposes and such Strip shall be bordered by a Curb or similar barrier
except for entrances and exits.
5.5.4
Ingress and Egress:
The following requirements will apply to all Parking Areas and lots
except those serving 4 or less dwelling units.
(a)
Page 60 of 99
Ingress and egress, to and from required Parking Spaces and
areas shall be provided by means of unobstructed Driveways or
passage ways at four (4) metres but not more than nine (9)
metres in width;
May, 2015
Town of Aurora
Zoning By-law # ####-15
5.5.5
(b)
The maximum width of any joint ingress and egress Driveway
ramp measured along the Street Line shall be nine (9) metres;
(c)
The minimum distance from a Driveway to the intersection of
Street Lines measured along the Street Line intersected by such
Driveway shall be fifteen (15) metres;
(d)
The minimum interior angle of intersection between a Driveway
and a Street Line shall be sixty (60) degrees;
(e)
Driveways shall not exceed two (2) in number and shall be a
width of seven decimal five (7.5) metres at both Street Line and
edge of pavement;
(f)
Approaches or Driveways to any Parking Area, shall be defined
by a Curb of concrete or rolled asphalt and the limits of the
Parking Areas shall be defined by a fence, Curb or other
suitable obstruction.
Access to Commercial and Employment Zones From Residential
Zones:
No land in a Residential Zone shall be used for the purpose of
vehicular access to any land in a commercial or Employment Zone.
5.6
PARKING AREAS IN RESIDENTIAL ZONES
In any Residential Zone, the parking or storage of any of the following
vehicles shall be prohibited 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:
-
-
any vehicle with a gross vehicle weight rating that exceeds 3900
kilograms;
any vehicle with an overall vehicle length that exceeds 6.0
metres;
mobile construction equipment;
Farm tractors.
Page 61 of 99
May, 2015
-
Town of Aurora
Zoning By-law # ####-15
5.6.1
Residential Parking Areas in Zones Requiring Less Than Five
Spaces:
1) Except as otherwise stated in this By-law, in any Residential Zone
requiring less than five Parking Spaces, the maximum width of a
Driveway or Parking Space shall be:
a) 3.5 metres if the Lot Frontage is less than 9.0 metres.
b) 6.0 metres if the Lot Frontage is greater than or equal to 9.0
metres and less than 18.0 metres.
c) 10.0 metres if the Lot Frontage is 18.0 metres or greater, with
the exception that the maximum Driveway width at the Street
Line shall not exceed 6.0 metres.
d) 6.0 metres if located on the flankage lot line where the Lot
Frontage is less than 18.0 metres
e) 10.0 metres if located on the flankage lot line where the Lot
Frontage is 18.0 metres or greater, with the exception that the
maximum Driveway width at the Street Line shall not exceed
6.0 metres.
f)
In the case of the, Estate Residential and Rural Zones a
maximum Driveway width shall not apply, with the exception
that the maximum Driveway width at the Street Line shall not
exceed 6.0 metres.
g) A circular Driveway is one Driveway and shall only be
permitted on Lots or parcels having a Lot Frontage of 25.0
metres or greater. Where a circular Driveway is permitted, the
maximum width of the Driveway at the Street Line shall not
exceed 6.0 metres for one access point and 4.0 metres for the
other access point.
2) In no case shall a Driveway width be less than 2.7 metres.
3) Required Yard Landscaping
i. Residential Lots with a Lot Frontage of less than 9.0 metres, the
required Front Yard or Exterior Side Yard shall have a minimum
of 40% soft Landscaping
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Town of Aurora
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ii. Residential Lots with a Lot Frontage of more than 9.0 metres
and less than 18.0m, the required Front Yard or Exterior Side
Yard shall have a minimum of 50% soft Landscaping
iii. Residential Lots with a Lot Frontage of more than 18.0 metres,
the required Front Yard or Exterior Side Yard shall have a
minimum of 60% soft Landscaping
4) A maximum of one Driveway access shall be permitted on all lands
zoned Residential.
5) All Driveways shall be treated with a hard stable surface that is
treated so as to prevent the raising of dust or loose particles.
6) In Rural Zones, the above requirement in Subsection (5) shall not
apply.
7) No Motor Vehicle shall be parked or stored in any front or Rear
Yard except on a properly constructed, drained hard surface
Driveway.
8) No Motor Vehicle shall be parked or stored in any location other
than a garage, Driveway or Parking Area.
9) Sloped Driveways
i. All Driveways shall have a positive slope away from all parts of
the building or structure to the street
ii. All reversed slope Driveways legally existing as of the date of
passing of this By-law shall be permitted
5.6.2
Residential Parking Areas in Zones Requiring Five or More
Spaces:
In accordance with Section 5.5.
Page 63 of 99
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Town of Aurora
Zoning By-law # ####-15
5.7
BICYCLE PARKING SPACE STANDARDS
Bicycle Parking Spaces shall be provided in conjunction with
Commercial, Employment, Institutional and Residential Zones as
follows:
Use
Retail, Office,
Institutional, Service
Commercial
Employment
Public (Elementary) &
Private Schools
Secondary School
Apartment Residential
5.8
Minimum Required Bicycle Parking
2.0 spaces
plus 1 space for every 1000m2 of GFA
2.0 spaces
plus 0.25 spaces for every 1000m2 of
GFA
0.25 spaces per classroom
0.5 spaces per classroom
1.0 internal or external space per
dwelling unit
plus 1.0 external space for every 20
units
BARRIER-FREE PARKING
Barrier-free Parking Spaces are required for all non-residential uses
and for visitor Parking Spaces for Apartment Residential uses
5.8.1
Barrier-Free Dimension Requirements:
The minimum dimensions for a barrier-free Parking Space shall be as
follows:
Type
Type A
Type B
Width
3.65m
2.7m
Length
5.3m
5.3m
1) Where the minimum number of barrier-free Parking Spaces
required is even, an equal number of Type A and Type B barrierfree Parking Spaces shall be required.
2) Where the minimum number of barrier-free Parking Spaces
required is odd, the additional barrier-free Parking Space remaining
shall be a Type B barrier-free Parking Space.
Page 64 of 99
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Town of Aurora
Zoning By-law # ####-15
3) Where there are twelve (12) or fewer required Parking Spaces, a
Type A barrier-free Parking Space is required.
4) A minimum distance separation of 1.5 metres 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.
5.8.1
Barrier-Free Parking Standards:
1) Where the minimum required Parking Spaces is less than twelve
(12), the minimum required barrier-free Parking Spaces shall be
inclusive within the required Parking Spaces.
2) Where the minimum required Parking Spaces is greater than twelve
(12), the minimum required barrier-free Parking Spaces shall be
additional to the required Parking Spaces.
Number of Minimum
Number of Minimum Required Barrier
Required Parking Spaces
Free Parking Spaces
1-12
1
4% of the total number of Parking
13-100
Spaces in the Parking Area
101-200
1
Plus 3% of the total number of Parking
Spaces in the Parking Area
201-1000
2
Plus 2% of the total number of Parking
Spaces in the Parking Area
1001 or greater
11
Plus 1% of the total number of Parking
Spaces in the Parking Area
5.9
STACKING LANE REQUIREMENTS
Where Stacking Lanes are required the following provisions shall
apply:
5.9.1
Exclusive Use of Stacking Space:
Stacking Lanes and spaces shall be exclusive of any other Parking
Space and aisle requirements contained within this By-Law.
Page 65 of 99
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Town of Aurora
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5.9.2
Stacking Space Dimension Requirements:
All Stacking Spaces shall be rectangular in shape, with a minimum
length of 5.3 metres and a width of 2.7 metres.
5.9.3
Calculation of Stacking Space Requirements:
The minimum number of Stacking Spaces required in a Stacking Lane
shall be calculated in accordance with the standards set out in the
table below.
Drive-Through Facility
Page 66 of 99
Minimum
Required
Stacking Spaces
Financial Institution
4
Restaurant
12
Retail Store
4
Motor Vehicle Washing
Establishment (Automatic)
10
All Other Drive-Through Facilities
4
May, 2015
Town of Aurora
Zoning By-law # ####-15
SECTION 6
NATURAL HAZARDS (NH) OVERLAY ZONE
The Natural Hazards (NH) Overlay Zone applies to lands that are within a Regional
Floodplain or are subject to erosion, loose soils or steep slopes as identified by the
Lake Simcoe Region Conservation Authority and the Toronto and Region
Conservation Authority, The provisions of the Natural Hazard (NH) Zone shall take
precedence over the underlying Zone category requirements. In addition to the
underlying Zone standards, the regulations of the Lake Simcoe Region Conservation
Authority and the Toronto and Region Conservation Authority may restrict
development and may be a precondition to development.
Page 67 of 99
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Town of Aurora
Zoning By-law # ####-15
SECTION 7
RESIDENTIAL (R) ZONES
7.1
The following uses shall apply to Residential (R) Zones.
7.1.1
Permitted Uses
Residential
Zones Permitted
Uses
Dwelling,
Detached
Dwelling, SemiDetached or
Duplex
Dwelling, Second
Suite
Home Occupation
Dwelling Double
Duplex or Triplex
Dwelling, Link
Dwelling,
Quadriplex
Dwelling,
Maisonette
Dwelling,
Townhouse
Back-to-back
Townhouse,
Stacked
Townhouse
Dwelling, Garden
Apartments
(1)
(2)
(3)
(4)
ER
R1
R2
R3
R4
R5
X
X
X
X
X
X
R6
R7
R8
R9
X(2)
X(2)
X
X
X(3)
X(3)
X
X(4)
X(4)
X(4)
X(4)
X(4)
X(4)
X(4)
X(4)
X(4)
X(4)
X(1)
X(1)
X(1)
X(1)
X(1)
X(1)
X(1)
X(1)
X(1)
X(1)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Subject to Section 4.6 of this By-law
Subject to R3 Standards of this By-law
Subject to R6 Standards of this By-law
A maximum of one (1) second suite dwelling unit shall be permitted per Lot and shall
be in accordance with Section 7.5.5 of this By-law.
Page 68 of 99
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Town of Aurora
Zoning By-law # ####-15
7.2
Zone Requirements
Residential
Zones
Minimum
Requirements
Lot Area
ER
R1
R2
8,000 m2
2,000 m2
2,000 m2
460 m2
370 m2
250 m2
650 m2
Lot Frontage
45 m
30 m
20 m
15 m
11 m
9m
20 m
Front Yard
15 m
9m
9m
6m
3 m (1)
5.5 m (2)
3.5 m (1)
5.5 m (2)
6m
Rear Yard
22 m
9m
9m
7.5 m
7.5 m
7.5 m
7.5 m
Interior Side
Yard
9 m (4)
4.5 m (5)
4.5 m
4.5 m
1.2 m (6)
1.5 m (7)
1.2 m (4)
0.6 m (5)
1.2 m (4)
0.6 m (5)
Exterior Side
Yard
15 m
9m
9m
6m
3 m (1)
5 m (3)
3 m (1)
5 m (3)
1.2 m (6)
1.5 m (7)
0.0 m (8)
6m
Lot Coverage
(maximum)
15 %
35 %
35 %
35 %
50 %
50 %
35 %
Height
(maximum)
10 m
10 m
10 m
10 m
11 m
11 m
10 m
Interior Garage
Length
N/A
N/A
N/A
N/A
6m
6m
N/A
Interior Garage
Width
N/A
N/A
N/A
N/A
2.9 m
2.9 m
N/A
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
R3
R4
R5
R6
To the Main Building
To the Garage
To the Garage accessed over a flankage lot line
One Side
Other Side
Interior Side Yards for One Storey buildings
Interior Side Yards for Two Storey buildings
Along a Common Lot Line
Page 69 of 99
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Town of Aurora
Zoning By-law # ####-15
7.2
Continued
Residential
Minimum Zone
Requirements
R7
R8
R9
Single
Detached
SemiDetached
& Duplex
Triplex
Double
Duplex
Lot Area
460 m2
650 m2
835 m2
1,110 m2
230.0 m2
230 m2 (6)
Lot Frontage
15 m
20 m
21 m
22 m
30 m
(6 m per unit)
30 m(6)
(6 m per unit)
Front Yard
6m
6m
6m
6m
7.5 m
3 m (1) (6)
5 m (2) (6)
Rear Yard
7.5 m
7.5 m
7.5 m
7.5 m
7.5 m
7.5 m(6)
Interior Side
Yard
1.2 m (3)
1.5 m (4)
1.2 m (3)
1.5 m (4)
2.5 m
2.5 m
Exterior Side
Yard
6.0 m.
6.0 m.
6.0 m.
6.0 m.
1.5 m
(between
buildings)
0.0 m (5)
6.0 m.
1.2 m
(between
buildings)
0.0 m (5) (6)
3 m (1) (6)
6 m (2) (6)
Lot Coverage
(maximum)
35 %
35 %
35 %
35 %
25 %
25%(6)
Height
(maximum)
10 m
10 m
10 m
10 m
10 m
10 m(6)
Interior Garage
Length
N/A
N/A
N/A
N/A
N/A
6 m(6)
Interior Garage
Width
N/A
N/A
N/A
N/A
N/A
2.9 m(6)
(6)
(1)
(2)
(3)
(4)
(5)
(6)
To the Main Building
To the Garage
Interior Side Yards for One Storey buildings
Interior Side Yards for Two Storey buildings
Along a Common Lot Line
Subject to Section 7.5.10 of this By-law
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Town of Aurora
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7.3
Apartment Residential Permitted Uses
Apartment
Residential
Permitted Uses
No more than One
apartment building per
Lot
Apartment Dwelling
units
7.4
RA1
RA2
X
X
X
X
Apartment Residential Zone Requirements
Apartment
Residential
Minimum Zone
Requirements
Lot Area
Lot Frontage
Front Yard
Rear Yard
Interior Side Yard
Exterior Side Yard
RA1
130 m2 (1)
30 m
½ the height of the Main
Building and in no case
less than 9 m from the
Street Line
9m
½ the height of the Main
Building and in no case
less than 6 m
½ the height of the Main
Building and in no case
less than 9 m
35 %
Lot Coverage
(maximum)
Building Height
5 storeys
(maximum)
(1) Per dwelling unit
Page 71 of 99
RA2
95 m2 (1)
30 m
½ the height of the Main
Building and in no case less
than 9 m from the Street Line
9m
½ the height of the Main
Building and in no case less
than 6 m
½ the height of the Main
Building and in no case less
than 9 m
35 %
7 storeys
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Town of Aurora
Zoning By-law # ####-15
7.5
RESIDENTIAL PROVISIONS
7.5.1
Attached Garage Side Yard
The following provisions shall apply in any Residential Zone, where a
private garage having no rooms above, is attached to a single family
detached dwelling, a duplex dwelling or a triplex dwelling.
7.5.1.1
On the side where the garage is located, the minimum Side Yard
between the wall of the garage and the Side Lot Line shall be 1 metre,
and on the other side, the minimum Side Yard shall be the required
Side Yard Setback of the applicable Zone for the particular use.
7.5.1.2
In the case where a Zone has less than a 1 metre Side Yard
requirement, the garage shall be situated in accordance with the
prescribed Side Yard of that Zone.
7.5.1.3
In the case of the Estate Residential Zone, the garage shall be situated
in accordance with the prescribed Side Yard requirements of that
Zone.
7.5.1.4
In no case will an attached garage be permitted to encroach on an
Exterior Side Yard of a corner lot.
7.5.2
Amenity Area
Any Townhouse or Apartment zones shall provide an Amenity Area in
accordance with the following:
Eighteen (18) square metres per suite (dwelling unit) but having
dimensions of not less than six (6) metres by six (6) metres located in
a yard other than a Front Yard unless specified elsewhere in this
By-law.
7.5.3
Exemption For Lot Frontage And Area Requirements
Notwithstanding any other provisions of this By-law, in any Residential
Zone a single family dwelling may be erected, used, altered or
repaired, on a Lot or parcel of land which existed on the date of the
passing of this By-law, provided that:
7.5.3.1
The Lot or parcel is held under separate ownership from adjacent
lands according to the registration thereafter in the Land Registry
Office of the Division of York North or
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7.5.3.2
The Lot or parcel is described as a Lot or block in a registered plan of
subdivision according to the registration thereof in the Land Registry
Office of the Division of York North or
7.5.3.3
The consent of the Land Division Committee has been given to the
division of land prior to the passing of this By-law and,
7.5.3.4
The Lot or parcel has a Lot Frontage of at least 9.0 metres and an area
of not less than 250 square metres in an area serviced by municipal
water supply and public sanitary services or meets the minimum
requirements of the Medical Officer of Health in an area not serviced
by sanitary services.
7.5.4
Dwelling Adjacent To An Employment Zone
Notwithstanding any other provisions of this By-law where a
Residential Zone is adjacent to an Employment Zone or an area
designated for industrial purposes in the Official Plan, the minimum
required yard abutting the Employment Zone shall be 15 metres.
7.5.5
Second Suite Dwelling:
The following provisions shall apply to second suite dwelling units:
7.5.5.2
Servicing Allocation
Notwithstanding the provisions of Servicing By-law No. 5632-14,
second suite dwelling units do not require servicing allocation from
Council.
7.5.5.3
Oak Ridges Moraine
Second suite dwelling units are not permitted in the "C-ORM", "NLORM", "NC-ORM" and "EP-ORM" Zones in accordance with the Oak
Ridges Moraine Conservation Plan, Amendment No. 48 to the Town of
Aurora Official Plan and this By-law.
Second suite dwelling units are not permitted in the "Oak Ridges
Moraine Settlement Area" where a Zone symbol is followed by the
letters "ORM", without an amendment to, or relief from this By-law, in
accordance with Amendment No. 48 to the Town of Aurora Official
Plan and this By-law.
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7.5.5.4
Minimum Floor Area
In a building containing a second suite dwelling unit, the minimum floor
area for each dwelling unit shall be 35.0 square metres.
7.5.5.5
Building Entrance
(i) Notwithstanding any provision to the contrary, not more than one
entrance is permitted along any walls facing a Street Line, including
below grade walkouts.
(ii) Subsection 7.4.5.7(i) does not apply to entrances which have been
in existence prior to the passing of this By-law.
7.5.6
Habitable Ground Floor:
For Townhouse Dwellings, the habitable ground floor front wall or
porch fence shall be either flush with, or project in front of the wall of
the garage.
7.5.7
Conversion Of An Existing Dwelling To Contain A Greater Number
Of Dwelling Units:
A conversion of an existing detached dwelling unit to increase the
number of dwelling units to a maximum of four (4) units shall be
permitted in the R7(XX) Exception Zone in accordance with the
following requirements:
7.5.7.1
The dwelling was in existence prior to August 22, 1983.
7.5.7.2
The dwelling is in compliance with the requirements of Section 7.2 for a
detached dwelling prior to converting the building to contain a greater
number of dwelling units.
7.5.7.3
That such dwelling has had as of August 22, 1983, a minimum gross
floor area of not less than one hundred and eighty-five (185) square
metres and such floor area shall have a minimum ceiling height of not
less than two decimal three (2.3) metres over at least 75 percent of the
required floor area with a clear height of two decimal one (2.1) metres
at any point.
7.5.8
Private Outdoor Living Area:
A private outdoor living area shall be provided for each townhouse
dwelling unit. Each private outdoor living area shall:
Page 74 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
7.5.8.2
Be adjacent to the wall of the dwelling unit and have access to a
habitable room other than a bedroom or to a hall.
7.5.8.3
Have a width equal to the width of the dwelling unit and have a
minimum depth (from the wall of the dwelling unit) of six (6) metres.
7.5.8.4
Such privacy area shall be defined by a wall or fence.
7.5.9
General:
7.5.9.1
A maximum of eight (8) units of townhouse or link housing may be
attached in a continuous row in any row development.
7.5.9.2
A maximum of sixteen (16) units of maisonettes may be attached in
any row development.
7.5.10
Multi-Unit Development:
For lands containing a Multi-Unit Development, the following provisions
shall apply:
7.5.10.1
A minimum width of 6.0 metres for a Private Road
7.5.10.2
A minimum setback of 1.8 metres for any wall of a residential use
building to a Private Road
7.5.10.3
A minimum setback of 5.3 metres for any garage or carport entrance
from a Private Road
7.5.10.4
A minimum distance separation of 1.2 metres between buildings
Page 75 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
SECTION 8
8.1
PROMENADE (P) OVERLAY ZONE
USES PERMITTED
For the purposes of this By-law, any zone which includes the pre-fix “PD”, “PUD”,
“PDS” or “PG”, shall also permit the following uses.
Promenade Overlay
Zones Permitted
Uses
Art Gallery
Bed and Breakfast
Clinic
Commercial Schools
Convention Centres
Convenience Retail
Store
Day Care Centres
Department Store
Dry Cleaning
Establishment
Dwelling, Apartment
Dwelling, Boarding or
Rooming House
Dwelling, Converted
Dwelling, Detached
Dwelling, Double
Duplex or Fourplex
Dwelling, Duplex
Dwelling, Second
Suite
Dwelling, SemiDetached
Dwelling, Townhouse
Dwelling, Triplex
Financial Institutions
Funeral Parlours
Hotel
Institutional Uses
Museum
Offices
Office Building
Personal Service
Shop
Page 76 of 99
PD
PUD
PDS
PG
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X(1)
X(1)
X
X
X
X
X
X
X
X
X
X(2)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
May, 2015
Town of Aurora
Zoning By-law # ####-15
Place of
X
X
Entertainment
Private Parks
X
X
Restaurants
X
X
Retail Stores
X
X
Service Shops
Studios
X
X
(1) Dwelling units above the first storey
(2) In accordance with Section 7.5.7 of this By-law
Page 77 of 99
X
X
X
X
X
X
X
X
X
X
May, 2015
Town of Aurora
Zoning By-law # ####-15
SECTION 9 COMMERCIAL (C) ZONE
9.1
USES PERMITTED
Commercial Zones
Permitted Uses
Art Gallery
Animal Hospital
Clinic
Commercial Schools
Convenience Retail
Store
Day Care Centre
Department Store
Dry Cleaning
Distribution Station
and Depot
Dry Cleaning
Establishment
Dwelling Apartment;
Dwelling units above
the first storey
Financial Institutions
Fitness Centre
Funeral Parlours
Garden Centre
Hospital
Hotel/ Motel
Institutional Uses
Laundry
Motor Vehicle Rental
Establishment
Motor Vehicle Repair
Garage
Motor Vehicle Sales
Establishment
Motor Vehicle
Service Station
Motor Vehicle
Washing
Establishment
Museum
Offices
Page 78 of 99
C1
C2
C3
X
X
X
X
X
X
C4
C5
X
X
X
X
C6
X
X(1)
X
X(1)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X(1)
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X(1)
May, 2015
Town of Aurora
Zoning By-law # ####-15
X
Office Building
Pet Services
Private Park
Personal Service
Shop
Place of Worship
Place of
Entertainment
Private Club
Recreation Centre
Restaurants
Retail Store
Service Shop
Studios
Supermarket
Temporary Sales
Trailer/ Office
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X(1)
X
X
X
X
X
X
X
(1) May be located on the first or second Storey of the main building.
9.1.1
Office Buildings
Notwithstanding any provisions to the contrary, any use accessory to
an office building shall meet the following provisions:
- No access shall be permitted except for the interior of the
building or structure;
Page 79 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
9.2
ZONE REQUIREMENTS
Commercial
Zone
Minimum
Requirements
Lot Area
Lot Frontage
Front Yard Main Bldg
Rear YardMain Bldg
Interior Side
Yard
Exterior Side
Yard
Height
(maximum)
Parking
Lot CoverageLots adjacent
to Residential
(R) zones
(maximum)
Gross Floor
Area per
commercial
unit
(maximum)
Floor Space
Index
(maximum)
C1
C2
C3
C4
C5
C6
650 m2
18 m
230 m2
10 m
1,400 m2
30 m
5,000 m2
30 m
2 ha
100 m
7.5 m
Nil
12 m
4m
7.5 m
7.5 m
7.5 m
7.5 m
10m
4.5 m
Nil
10 m
7.5 m
10 m (3)
3.0 m
10 m (3)
4,000 m2
50m
0.0 m
3 m (4)
7.5 m
3m
3m
7.5 m
Nil
10m
12 m
3m
3m
10 m
10 m (1)
10 m
10 m
15 m
6 storeys
35%
35%
35%
35%
1.0
0.7
0.7
2.5
(2)
30%
185 m2
1.0
1.5
(1) A maximum height of 18.5 m is permitted provided the 4th and 5th Storeys
are Setback a minimum of 3 m from the main and exterior side walls of the
3rd Storey
(2) All Parking Areas shall be located in the Rear Yard of the Lot
(3) Abutting Residential Zones only
(4) Maximum setback
Page 80 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
9.3
LOADING SPACE
9.3.1
Dimensions:
Any Loading Space within a Commercial (C) Zone, shall provide and
maintain in a location suitable to the Municipality loading or unloading
spaces nine (9) metres long, three decimal five (3.5) metres wide, and
having a vertical clearance of at least 4 metres
9.3.2
Minimum Requirement:
Any Loading Space within a Commercial (C) Zone, excluding portions
of buildings used for office commercial use, shall be in accordance with
the following standards:
Gross Floor Area devoted to
Commercial Uses
Building or Unit Contained Therein
Number of Loading Spaces
Required
- 300 square metres or less
0
- 300 square metres or more but less
than 1000 square metres
1
- 1000 square metres or more but less
than 2500 square metres
2
- 2500 square metres or more but
less than 7500 square metres
3
- 7500 square metres or more
1 additional space for
every 7500 square metres
or fractional part thereof
Any Loading Space within a Commercial (C) Zone where the Principal
Use is an office, shall be in accordance with the following standards:
Gross Floor Area devoted to
Office Uses
Building or structure
Number of Loading Spaces
Required
- 1000 square metres or less
0
- 1000 square metres or more but less
than 2500 square metres
1
- 2500 square metres or more but less
than 7500 square metres
2
Page 81 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
- 7500 square metres or more
9.3.3
1 additional space for
every 7500 square metres
or fractional part thereof
Access:
The Loading Space shall have adequate access to permit ingress and
egress of a Commercial Motor Vehicle from a street by means of
Driveways, aisles, manoeuvring areas or similar areas.
9.3.4
Location:
The Loading Space shall not be located upon or partly upon any street,
lane or alley, Driveway or aisle. All Loading Spaces and loading doors
shall be located such that they do not face a public street except in the
case of a corner lot.
9.3.5
Interior Loading Space:
All interior Loading Spaces are to have complementary exterior spaces
for vehicles awaiting entry to the interior space.
Page 82 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
SECTION 10
10.1
EMPLOYMENT (E) ZONES
USES PERMITTED
The following uses shall apply to Employment (E) Zones.
Permitted Uses
Banquet Hall
Commercial School
Commercial Self Storage
Facility
Contractors Yard
Convenience Retail Store
Convention Centre
Day Care Centre
Day Centre, Adult; Day
Centre, Intergenerational
Dry Cleaning Distribution
Station and Depot
Dry Cleaning Establishment
Equipment Sales and Rental
Establishment
Fitness Centre
Food Processing
Establishment
Hotel/ Motel
Industrial uses
Laundry
Motor Vehicle Body Shop
Motor Vehicle Rental
Establishment
Motor Vehicle Repair Garage
Offices
Office Building
Outdoor Display and Sales
Area
Outdoor Storage
Parking Garage
Pet Services
Private Park
Personal Service Shop
Place of Worship
Printing, media and
Page 83 of 99
E1
X
X
X
E2
E-BP
X
X
X
X
X(1)
X
X(2)
X(2)
X
X(1)
X
X
X
X
X
X
X
X
X
X(4)
X
X
X
X(3)
X
X
X(1)(6)
X
X
X
X
X(7)
X
X
X
X(9)
X
X
X
X
X
X
X
X
X(5)
X
X(1)(6)
X
May, 2015
Town of Aurora
Zoning By-law # ####-15
communications establishment
Private Club
Recreation Centre
Repair Shop
Service Shop
Research and Training Facility
Restaurant
Retail, Ancillary
Retail Store
School, Private
Temporary Sales Trailer/
Office
Theatre
Transportation Terminals
Warehouses
X(1)
X
X
X
X
X
X
X(8)
X
X
X
X
X
X(8)
X(1)(6)
X(5)
X(1)
X
X(1)
X
X
X
X(10)(5)
(1) Permitted as an Accessory Use where the Principal Use is a Hotel or
Motel if located inside the building and having the primary access from
the lobby of the building
(2) Provided that no part of the building is used for Industrial uses or
Warehouses
(3) Provided the use is conducted within wholly enclosed building
(4) Excluding any Obnoxious Use
(5) Permitted as an Accessory Use where the Principal Use is Industrial
(6) Permitted as an Accessory Use where the Principal Use is within an
Office Building.
(7) Excluding Clinics
(8) Provided the use does not exceed 20% Gross Floor Area of a building
(9) Outside storage is a permitted accessory use. Parking of commercial vehicles
is permitted provided that such storage and/or parking is limited to side and/or
Rear Yards of the building, screened from the street by a wall or decorative
closed board or masonry type fence no less than 2 metres in height, that the
main use is contained within a building located on the property .
(10) Provided the Warehouse is more than 200 metres from Wellington Street and
Highway 404
10.1.1
Office Buildings:
Notwithstanding any provisions to the contrary, any use accessory to
an office building shall meet the following provisions:
Page 84 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
-
Page 85 of 99
No access shall be permitted except for the interior of the
building or structure;
May, 2015
Town of Aurora
Zoning By-law # ####-15
10.2
ZONE REQUIREMENTS
Employment Zones
Minimum
Requirements
Lot Area
Lot Frontage
Front Yard
Rear Yard
Interior Side Yard
Exterior Side Yard
Height (maximum)
Floor Area Ratio
(maximum)
Distance between
two buildings on the
same Lot
E1
E2
E-BP
1,400 m2 (1)
1,400 m2 (1)
1.0 ha (4)
4,000 m2 (2)
30 m
3m
9m
3 m (1)
6 m (2)
3m
Lots 76, 77 & 78
Conc. 1 E.Y.S.
-West of the
Rail Corridor : 10 m
-East of the
Rail Corridor : 15 m
All other areas:
15 m
N/A
4,000 m2 (2)
30 m
3m
9m
3 m (1)
6 m (2)
3m
Lots 76, 77 & 78
Conc. 1 E.Y.S.
-West of the
Rail Corridor : 10 m
-East of the
Rail Corridor : 15 m
All other areas:
15 m
N/A
0.8 ha (5)
60 m
N/A
N/A
0.25 times the
sum the
building
heights or 12
m, whichever is
greater
(3)
(3)
(3)
(3)
13.5 m
50%
(1) Buildings up to 10 m in height
(2) Buildings over 10 m in height, up to 15 m in height
(3) Refer to “Siting Specifications for Business Park (E-BP)” chart (see next
page)
(4) Lots adjacent to Highway 404
(5) All other lots Zoned E-BP
Page 86 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
Minimum Siting
Specifications
for Business Park (E-BP)
Yard adjacent to Public
Highway
Adjacent to Hwy 404
Adjacent to Wellington Street
and Leslie Street
Adjacent to other streets
Yard Adjacent to Open
Space Zone
Other Yards
Minimum Landscaping
Provisions
for Business Park (E-BP)
Adjacent to front Lot Line
(except for Driveway locations)
13.7m
9m
Lots fronting on arterials
Lots fronting on other roads
6m
3m
6m
10 m
Adjacent to Open Space Zone
Adjacent to other Lot Lines
10 m
3m
3m
10.3
LOADING SPACE
10.3.1
Dimensions:
Any Loading Space within an Employment (E) Zone shall be a
minimum of 9 metres long, 3.5 metres wide, with a vertical clearance
of at least 4 metres
10.3.2
Minimum Requirement:
Any Loading Space within an Employment (E) Zone, excluding
portions of buildings used for office commercial use, shall be in
accordance with the following standards:
Gross Floor Area of Building
or Structure
Number of Loading Spaces Required
140 square metres or less
0
More than 140 square metres
but less than 300 square metres
1
300 square metres or more but less
than 2500 square metres
2
2500 square metres or more but
less than 7500 square metres
3
Page 87 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
7500 square metres or more
1 additional space for
every 7500 square metres
or fractional part thereof
Any Loading Space within an Employment (E) Zone where the
Principal Use is an office, shall be in accordance with the following
standards:
Total Office Floor Area
of Building or structure
1,000.0 square metres or less
0
1,000.0 square metres or more
but less than 2,500.0 square metres
1
2,500.0 square metres or more
but less than 7,500.0 square metres
2
7,500.0 square metres or more
10.3.3
Number of Loading
Spaces Required
1 additional space
for every 7,500.0
square metres or
fractional
part
thereof.
Access:
The Loading Space shall have adequate access to permit ingress and
egress of a Commercial Motor Vehicle from a street by means of
Driveways, aisles, manoeuvring areas or similar areas.
10.3.4
Location:
The Loading Space must be entirely on the lot and not on any
Driveway or aisle. All Loading Spaces and design shall be located
such that they do not face a public street except in the case of a corner
lot.
10.3.5
Business Park:
Notwithstanding sections 10.3.2 and 10.3.3, lands zoned Business
Park (E-BP), each Loading Space shall be suitable for the temporary
parking of one (1) Commercial Motor Vehicle where merchandise or
materials are being loaded or unloaded from such vehicle, and such
parking shall not be for the purpose of sale or display.
Page 88 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
10.3.5.1
Interior Loading Space:
All interior Loading Spaces are to have complementary exterior spaces
for vehicles awaiting entry to the interior space.
10.4
MINIMUM
DISTANCE
INDUSTRIAL
SEPARATION
RESIDENTIAL
AND
Where an Employment (E) Zone abuts a Residential Zone or a Holding
Provision designated for residential purposes or is separated from
such Zone or Provision by a street, highway, right-of-way or vacant
land only, any new industrial building shall be located a minimum of 60
metres away from any existing residential building. Where no
residential building exists the distance shall be calculated using the
minimum applicable yard requirements for the residential Zone.
10.5
YARD REQUIREMENT ABUTTING A RAILWAY RIGHT OF WAY
Where a Lot abuts a railway, there is no required yard adjacent to the
side of the railway right of way.
10.6
BUILDINGS SITUATE ON MORE THAN ONE LOT
A building may be built on more than one Lot. The yard requirements
and other provisions of this by-law shall be applied as if the Lots were
one.
Page 89 of 99
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Town of Aurora
Zoning By-law # ####-15
SECTION 11 INSTITUTIONAL (I) ZONE
The following provisions shall apply to all Institutional (I) Zones.
11.1
USES PERMITTED
Permitted Uses
Institutional (I) Zone
Athletic Fields
X
Cemetery
X
Crematoriums
Day Care Centres
Dwelling units
Hospitals
X
X(1)
X
Library, Public
X
Long Term Care Facility
X
Museum
X
Place of Worship
X
Recreation Centre
X
Retirement Home
X
School, Private
X
School, Public
X
(1) Accessory to a permitted use, in accordance with the provisions of the R3
Zone
Page 90 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
11.2
ZONE REQUIREMENTS
Minimum Zone Requirements
Institutional (I)
Lot Area
460 m2
Lot Frontage
30 m
Front Yard
10 m
Rear Yard
15 m
Interior Side Yard
½ the height of the building and
in no case less than 4.5m
10 m
Exterior Side Yard
Height (maximum)
Lot Coverage (maximum)
Page 91 of 99
28 m
35%
May, 2015
Town of Aurora
Zoning By-law # ####-15
SECTION 12
RURAL (RU) ZONE
The following provisions shall apply to all Rural (RU) Zones.
12.1
USES PERMITTED
Permitted Uses
Rural (RU) Zone
Cemetery
Accessory attached
residential dwelling unit
Agricultural uses
X
Dwelling, Detached
X
Dwelling, Second Suite
Greenhouses
Home Occupations
Place of Worship
X
X(2)
X
X(1)
X
(1) Subject to Section 4.6 of this By-law
(2) Subject to Section 7.5.5 of this By-law
Page 92 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
12.2
ZONE REQUIREMENTS
Minimum Zone
Requirements
Rural (RU)
Lot Area
1,800 m2(4)
10 ha
Lot Frontage
30 m(4)
180 m
30 m (1)
Front Yard
Rear Yard
22 m
Interior Side Yard
9m
Exterior Side Yard
15 m
Height (maximum)
10 m
Lot Coverage (maximum)
20%
(1)
Minimum Setback to the Main Building measured from centre a line of
the road allowance
(2)
A Lot legally existing on the date of passing of this By-law having a
minimum Lot Frontage of thirty (30) metres on a public road and a
minimum area of one thousand eight hundred (1,800) square metres
shall be limited to a detached residential dwelling and Accessory Use.
Page 93 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
SECTION 13
OPEN SPACE ZONES
The following provisions shall apply to all Open Space (O) Zones and Environmental
Protection (EP) Zones.
13.1
USES PERMITTED
Permitted Uses
O1
O2
Athletic Fields
X
X
Cemetery
X
X
Conservation Uses
X
X
Golf Courses
X
X
Private Park
Stormwater Management
Ponds
Woodlands
X
X
EP
X
Dwelling, Second Suite
Page 94 of 99
X
X
X
X
May, 2015
Town of Aurora
Zoning By-law # ####-15
13.2
ZONE REQUIREMENTS
Minimum Zone
Requirements
O1
O2
EP
Lot Area
Nil
2,000 m2
Nil
Lot Frontage
Nil
30 m
Nil
Front Yard - Main Bldg
Nil
7.5 m
Nil
Rear Yard- Main Bldg
Nil
7.5 m
Nil
Side Yard
Height (maximum)
Nil
3m
Nil
Nil
N/A
10 m
20%
Nil
N/A
Lot Coverage (maximum)
13.3
DEVELOPMENT PROHIBITED
No buildings or structures shall be erected in the Environmental
Protection (EP) Zone, except for the following:
1. Buildings or structures intended for flood or erosion control, subject
to Public Authority approval.
2. Structures ancillary to uses permitted, subject to Public Authority
approval.
Page 95 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
SECTION 14
HOLDING (H) PROVISIONS
Notwithstanding any other provision of this By-law, where a Holding (H) symbol is
followed by a zone symbol along with a number referencing the specific condition(s)
to be satisfied prior to the removal of the Holding (H) symbol on Zoning Schedules to
this By-law, the lands subject to the Holding (H) Symbol shall be used only for the
uses that existed at the passing of this By-law including buildings and uses
accessory to legal existing uses.
Council may pass a by-law pursuant to Section 36 of the Planning Act to remove the
Holding (H) symbol, thereby placing the affected lands in the zone indicated by the
zone symbol, when the applicable requirements have been met.
HOLDING PROVISIONS TO BE
POPULATED IN FUTURE DRAFT
EDITION
Page 96 of 99
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Town of Aurora
Zoning By-law # ####-15
SECTION 15
TEMPORARY USES
Temporary Uses shall be permitted in any Zone provided that:
i)
ii)
iii)
iv)
The use is temporary in nature and is deemed to be in conformity with
Section 39 of the Planning Act;
The use is in accordance with the Town of Aurora Official Plan;
The use is in accordance with the Zone Requirements for the Zone which
it is located, and;
A site plan agreement is entered into with the Town of Aurora
Page 97 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
SECTION 16
SCHEDULES
Where a By-Law Number appears on Maps
1 through 10, the corresponding amending
schedules may be found immediately
following these maps.
SCHEDULES TO BE POPULATED IN
FUTURE DRAFT EDITION
Page 98 of 99
May, 2015
Town of Aurora
Zoning By-law # ####-15
SECTION 17
LIST OF EXCEPTIONS
The following pages constitute a list of all
exceptions to By-law Number XXXX-15,
approved as of January XX, 2015. The
original amendments are on file at the
Town offices and copies may be obtained
weekdays, between the hours of 8:00
a.m. and 5:00 p.m. from the Planning
Department.
LIST OF EXCEPTIONS TO BE
POPULATED IN FUTURE DRAFT
EDITION
Page 99 of 99
May, 2015