O. Reg. 172/21: ZONING ORDER - CITY OF MARKHAM, REGIONAL MUNICIPALITY OF YORK

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 172/21

ZONING ORDER - CITY OF MARKHAM, REGIONAL MUNICIPALITY OF YORK

Consolidation Period:  From March 5, 2021 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Definition

1. In this Order,

“Zoning By-law” means Zoning By-Law 177-96 of the City of Markham.

Application

2. This Order applies to lands in the City of Markham in the Regional Municipality of York, in the Province of Ontario, being the lands identified on a map numbered 259 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Permitted uses

3. (1) Every use of land and every erection, location or use of any building or structure is prohibited on the lands identified as Residential Two (R2) Zone on the map referred to in section 2, except for,

(a) the uses identified for the Residential Two (R2) Zone in Table A1 of the Zoning By-law;

(b) one accessory dwelling unit located within a single detached dwelling, semi-detached dwelling, or townhouse dwelling; and

(c) a stormwater management facility.

(2) Every use of land and every erection, location or use of any building or structure is prohibited on the lands identified as Residential Four (R4) Zone on the map referred to in section 2, except for,

(a) the uses identified for the Residential Four (R4) Zone in Table A1 of the Zoning By-law;

(b) retirement homes;

(c) business offices;

(d) medical offices;

(e) retail stores;

(f) restaurants;

(g) supermarkets;

(h) personal service shops; and

(i) a stormwater management facility.

(3) Despite subsection (2), a Multiple Dwelling shall not be permitted on the lands identified as Residential Four (R4) Zone on the map referred to in section 2.

(4) Every use of land and every erection, location or use of any building or structure is prohibited on the lands identified as Open Space One (OS1) Zone on the map referred to in section 2, except for the uses identified in Table A3 of the Zoning By-law for the Open Space One (OS1) Zone.

Zoning requirements

4. (1) The zoning requirements set out for the Residential Two (R2) Zone in Table B2 of the Zoning By-law apply to the uses set out in subsection 3 (1) with the following exceptions:

1. The maximum number of single detached dwelling units is 250.

2. The maximum number of townhouse dwelling units is 250.

(2) The zoning requirements set out for the Residential Four (R4) Zone in Table B6 of the Zoning By-law apply to the uses set out in subsection 3 (2) with the following exceptions:

1. The minimum number of apartment dwelling units is 300.

2. The minimum rear yard setback is 11 metres.

3. Business offices, medical offices, retail stores, restaurants, supermarkets and personal service shops shall be located on only the ground floor of any building.

4. Business offices and medical offices may be located on the second floor of a building that does not contain apartment dwellings.

5. The maximum gross floor area of any individual unit containing business offices, medical offices, retail stores, supermarkets or personal service shops is 3,000 square metres.

6. The maximum combined gross floor area of all non-residential uses including business offices, medical offices, retail stores, supermarkets or personal service shops is 6,000 square metres.

(3) The zoning requirements set out for the Open Space One (OS1) Zone in Table B9 of the Zoning By-law apply to the uses set out in subsection 3 (3).

Terms of use

5. (1) Every use of land and every erection, location or use of any building or structure shall be in accordance with this Order.

(2) Nothing in this Order prevents the use of any land, building or structure for any use prohibited by this Order if the land, building or structure is lawfully so used on the day this Order comes into force.

(3) Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased and its original use is not altered.

(4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure.

(5) The Zoning By-law applies to the lands identified as Residential Two (R2) Zone, Residential Four (R4) Zone and Open Space One (OS1) Zone on the map referred to in section 2, except as otherwise provided for in this Order.

Deemed by-law

6. This Order is deemed for all purposes, except the purposes of section 24 of the Act, to be and to always have been a by-law passed by the council of the City of Markham.

7. Omitted (provides for coming into force of provisions of this Regulation).