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O. Reg. 335/22: ZONING ORDER - CITY OF TORONTO

under Planning Act, R.S.O. 1990, c. P.13

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Versions
current April 8, 2022 (e-Laws currency date)

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 335/22

ZONING ORDER - CITY OF TORONTO

Consolidation Period: From April 8, 2022 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 569-2013 of the City of Toronto.

Application

2. (1) This Order applies to lands in the City of Toronto, in the Province of Ontario, being lands described as,

(a)  part of Block R (Small’s Lot), and part of Lands patented to William Halton, Town of York Plan, designated as Part 1 on Expropriation Plan AT5740720, and further identified by Property Identification Number 21091-0018 (LT) registered in the Land Registry Office for the Land Titles Division of Toronto (No. 80);

(b)  part of Lands patented to William Halton, Town of York Plan, designated as Part 1 on Expropriation Plan AT5740738, and further identified by Property Identification Number 21091-0267 (LT) registered in the Land Registry Office for the Land Titles Division of Toronto (No. 80); and

(c)  part of Block R (Small’s Lot), and part of Lands patented to William Halton, Town of York Plan, designated as Part 2 on Expropriation Plan AT5740738, and further identified by Property Identification Number 21091-0268 (LT) registered in the Land Registry Office for the Land Titles Division of Toronto (No. 80).

(2) For the purposes of this Order, the lands described in subsection (1) shall be considered to be a single lot.

(3) Despite any existing or future severance, partition or division of the lot, the provisions of this Order apply to the whole of the lot as if no severance, partition or division had occurred.

(4) The following rules apply with respect to the portion of a building or structure on the lands described in subsection (1) if the portion is to be occupied by a transportation use or a passenger terminal:

1.  The Zoning By-law does not apply.

2.  Section 6 does not apply, except for paragraphs 3 and 4 of subsection 6 (3).

Non-application of s. 114 of the City of Toronto Act, 2006, site plan control area

3. Section 114 of the City of Toronto Act, 2006 does not apply to the lands described in section 2 of this Order.

Matters that may be dealt with in agreement

4. Each person who owns all or any part of the lands described in section 2 shall enter into one or more agreements with the City of Toronto dealing with the matters listed in subsection 47 (4.4) of the Act.

Permitted uses

5. (1) Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in section 2, except for,

(a)  the uses permitted under Article 40.10.20 of the Zoning By-law;

(b)  dwelling units; and

(c)  car shares.

(2) In this section,

“car share” means the practice of a number of persons sharing the use of one or more motor vehicles that are owned by a for-profit or non-profit car-sharing organization and that are made available for short-term rental, including hourly rental.

Zoning requirements

6. (1) In this section,

“established grade” means the Canadian Geodetic Datum elevation of 80.76 metres;

“height” means the vertical distance between established grade and the highest point of a building or structure being measured.

(2) A requirement in this section that is described in relation to a particular lot line does not apply unless the lot line is at least eight metres long.

(3) The zoning requirements for the lands described in section 2 are as follows:

1.  Clause 40.10.20.100 and Chapter 150 of the Zoning By-law do not apply to the following uses:

i.  Entertainment places of assembly.

ii.  Outdoor patios.

iii.  Outdoor sales and displays as long as the area for the outdoor sales or displays is not located in areas required by this Order or the Zoning By-law for parking spaces, loading spaces or driveways.

iv.  Retail services.

v.  Retail stores with beverage manufacturing use for beer, cider or wine.

vi.  Transportation uses.

vii.  Electric vehicle charging stations where no vehicle fuels are sold to the public.

viii.  Vehicle washing establishments located below the finished ground surface.

2.  No dwelling units may be located in the first storey of a building.

3.  In addition to the requirements of clause 40.5.40.40 of the Zoning By-law as they relate to the reduction of the gross floor area, the gross floor area of a non-residential building or a mixed-use building is also reduced by the area in the building used for amenity space, mezzanine levels, atrium areas, mechanical penthouses, inset balconies and passenger terminal or transportation use below the finished ground surface.

4.  The maximum gross floor area of all buildings and structures on the lands described in section 2, including the area of a building or structure used for passenger terminal or transportation use, must not exceed 95,381 square metres.

5.  Any part of a building or structure located within 31 metres of the west lot line located at or below a height of 55.3 metres must be used only for non-residential uses or ancillary residential uses, including residential lobby entrances, mail rooms and amenity space.

6.  A minimum of 25 per cent of the total number of dwelling units in a building must contain two or more bedrooms.

7.  A minimum of 10 per cent of the total number of dwelling units in a building must contain three or more bedrooms.

8.  There is no minimum building setback or minimum building separation requirement for any portion of a building or structure below the finished ground surface.

9.  Any part of a building or structure located within 56 metres of the west lot line is subject to the following zoning requirements:

i.  There is a minimum building setback of 2.3 metres from the north lot line.

ii.  Despite subparagraph i, at or above a height of 9.5 metres, there is a minimum building setback of 4.9 metres from the north lot line.

iii.  There is a minimum building setback of 1.7 metres from the west lot line.

iv.  Despite subparagraph iii, up to a height of 9.5 metres, there is a minimum building setback of three metres from the west lot line.

v.  Despite subparagraphs iii and iv, at or above a height of 18.5 metres, there is a minimum building setback of 6.7 metres from the west lot line.

vi.  Despite subparagraphs iii and v, at or above a height of 55.3 metres, there is a minimum building setback of 31 metres from the west lot line.

vii.  There is a minimum building setback of three metres from the south lot line.

viii.  Despite subparagraph vii, at or above a height of 18.5 metres, there is a minimum building setback of 6.2 metres from the south lot line.

10.  Any part of a building or structure located within 35 metres of the east lot line is subject to the following zoning requirements:

i.  There is a minimum building setback of three metres from the north lot line.

ii.  Despite subparagraph i, at or above a height of 20.5 metres, there is a minimum building setback of 7.6 metres from the north lot line.

iii.  There is a minimum building setback of three metres from the east lot line.

iv.  Despite subparagraph iii, at or within 63.8 metres of the south lot line and at or above a height of 16.5 metres, there is a minimum building setback of 4.5 metres from the east lot line.

v.  Despite subparagraph iii, beyond 63.8 metres of the south lot line and at or above a height of 20.5 metres, there is a minimum building setback of eight metres from the east lot line.

vi.  There is a minimum building setback of three metres from the south lot line.

vii.  Despite subparagraph vi, from established grade to a height of 5.5 metres, there is a minimum building setback of 6.7 metres from the south lot line.

11.  At or within 56.5 metres of the south lot line, a minimum building separation distance of 12.4 metres shall be provided between the main walls of any part of a building located within 35 metres of the east lot line and the main walls of any part of a building located within 56 metres of the west lot line.

12.  Beyond 56.5 metres of the south lot line, a minimum building separation distance of 15.5 metres shall be provided between the main walls of any part of a building located within 35 metres of the east lot line and the main walls of any part of a building located within 56 metres of the west lot line.

13.  Above a height of 31.5 metres, a minimum building separation distance of 20 metres shall be provided between the main walls of any part of a building located within 35 metres of the east lot line and the main walls of any part of a building located within 56 metres of the west lot line.

14.  At or within 45 metres of the south lot line, the maximum height of any part of a building or structure located within 56 metres of the west lot line is 159.9 metres.

15.  Beyond 45 metres of the south lot line, the maximum height of any part of a building or structure located within 56 metres of the west lot line is 55.3 metres.

16.  At or within 63.8 metres of the south lot line, the maximum height of any building or structure located within 35 metres of the east lot line is 31.5 metres.

17.  Beyond 63.8 metres of the south lot line, the maximum height of any building or structure located within 35 metres of the east lot line is 147.1 metres.

18.  Above a height of 55.3 metres, a building separation distance of 25 metres must be provided between the main walls of any part of a building located within 35 metres of the east lot line and the main walls of any part of a building located within 56 metres of the west lot line.

19.  Above a height of 55.3 metres, the gross floor area of each floor level in a building that is located within 56 metres of the west lot line must be no more than 750 square metres.

20.  Above a height of 31.5 metres, the gross floor area of each floor level in a building that is located within 35 metres of the east lot line must be no more than 750 square metres.

21.  Projections associated with the following structures may encroach into the minimum building setbacks and minimum building separation distances and may project beyond the maximum building heights set out in paragraphs 9 to 18:

i.  Structures used in connection with green roofs.

ii.  Parapets, railings and dividers.

iii.  Access hatches.

iv.  Roof assemblies.

v.  Vents, chimneys, stacks and flues.

vi.  Balconies.

vii.  Light fixtures.

viii.  Guardrails.

ix.  Decks.

x.  Pavers.

xi.  Telecommunication equipment.

xii.  Exit stairs.

xiii.  Stair enclosures.

xiv.  Wheelchair ramps.

xv.  Retaining walls.

xvi.  Landscape and art features.

xvii.  Planters.

xviii.  Elements related to drainage.

xix.  Structures and elements associated with green energy and renewable energy facilities.

xx.  Mechanical penthouses.

xxi.  Elevators and related enclosures.

xxii.  Supporting columns and structures.

xxiii.  Structures for outdoor amenity space or open-air recreation.

xxiv.  Structures for safety.

xxv.  Window washing equipment.

xxvi.  Wind screens.

xxvii.  Eaves and sills.

xxviii.  Screens.

xxix.  Ornamental and architectural structures.

xxx.  Garage ramps.

xxxi.  Stairs, covered stairs and stair enclosures associated with an entrance or exit from an underground parking garage.

xxxii.  Awnings.

xxxiii.  Canopies.

xxxiv.  Cornices.

22.  A publicly accessible pedestrian walkway extending from the north lot line to the south lot line and meeting the following requirements must be provided at the finished ground surface:

i.  The walkway must be located between the main walls of any part of a building located within 35 metres of the east lot line and the main walls of any part of a building located within 56 metres of the west lot line.

ii.  The projections set out in paragraph 21 may encroach onto the walkway.

iii.  The minimum width of the walkway is 6 metres, of which a minimum of 2.1 metres must be free and clear of the projections set out in paragraph 21.

23.  A publicly accessible pedestrian walkway extending from the west lot line to the east lot line and meeting the following requirements must be provided at the finished ground surface:

i.  The projections set out in paragraph 21 may encroach onto the walkway.

ii.  The minimum vertical clearance is 5.8 metres where the walkway is located below a portion of a building.

iii.  The walkway must be located no closer than 30 metres to the north lot line and no more than 65 metres from the north lot line.

iv.  The minimum width of the walkway is 8 metres.

v.  The walkway may be located in an area provided for the shared use of vehicles.

24.  Amenity space must be provided in accordance with clause 40.10.40.50 of the Zoning By-law, with the exception that amenity space for non-residential gross floor area is not required.

25.  The following parking space requirements apply to the lands described in section 2:

i.  A minimum of two parking spaces, plus an additional 0.01 spaces per dwelling unit must be provided for residential visitors.

ii.  A maximum of 400 parking spaces may be provided.

iii.  The parking spaces required under this paragraph may be provided on a non-exclusive basis and may be provided within a public parking facility.

26.  Parking spaces must meet the minimum dimensions set out in clause 200.5.1.10 of the Zoning By-law, except that a maximum of five per cent of the total number of parking spaces may have a length of 5.2 metres and a width of 2.6 metres.

27.  Vehicle access to a loading space is only permitted from Berkeley Street and Parliament Street and need not be combined with any other vehicle access.

28.  Vehicle access is only permitted from Berkeley Street and Parliament Street and more than one access is permitted.

29.  A vehicle entrance or exit to a building may be less than six metres from the lot line abutting the street.

30.  Long-term bicycle parking spaces within a building may be located above or below established grade.

31.  The minimum width of a bicycle parking space is 0.4 metres.

32.  Long-term bicycle parking spaces and short-term bicycle parking spaces may be located within stacked bicycle parking spaces.

33.  A short-term bicycle parking space may be located anywhere.

34.  For the portion of a building located within 35 metres of the east lot line, the percentage of the main wall length of the first storey provided for permitted non-residential uses shall be,

i.  a minimum of 80 per cent of the total main wall length facing the south lot line,

ii.  a minimum of 60 per cent of the total main wall length facing the east lot line, and

iii.  a minimum of 80 per cent of the total main wall length facing the north lot line.

35.  Clause 40.10.40.1 of the Zoning By-law does not apply with respect to the location of entrances and the first-floor elevation.

36.  Clauses 5.10.40.70, 40.10.40.70 and 40.10.40.80 and Article 600.10 of the Zoning By-law do not apply with respect to building setbacks and separation distances.

37.  Clauses 40.5.40.10 and 40.10.40.10 of the Zoning By-law do not apply with respect to height.

38.  Clauses 40.5.40.60 and 40.10.40.60 of the Zoning By-law do not apply with respect to encroachments.

39.  Regulation 200.5.1.10 (12) (C), clause 200.5.200.40, Articles 200.5.10 and 200.10.1 and Table 200.5.10.1 of the Zoning By-law do not apply with respect to parking spaces.

40.  Section 600.20 of the Zoning By-law does not apply with respect to priority retail streets.

41.  The provisions of City of Toronto By-law 393-2021 do not apply.

Inclusionary zoning

7. Article 600.30 of the Zoning By-law does not apply to the lands described in section 2.

Other By-laws

8. The provisions of By-law 438-86 of the former City of Toronto do not apply to the lands described in section 2.

Terms of use

9. (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.

Deemed by-law

10. 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 Toronto.

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