O. Reg. 338/22: ZONING ORDER - CITY OF TORONTO

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 338/22

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.

Definitions

1. In this Order,

“amenity space” means communal space made available for mutual use by residents of a building or buildings, including areas ancillary to the space;

“bicycle parking space” means an area used for parking a bicycle and includes a stacked bicycle parking space;

“Block 1 base building” means the portion of a building in the Block 1 Zone, exclusive of any existing or reconstructed heritage building or heritage building features, including a boiler room or chimney stack, which collectively encloses the entirety of the first, second and third storey, up to a maximum height of 15 metres;

“Block 1 mid-section building” means the portion of a building which collectively encloses the entirety of a storey directly above the Block 1 base building to a maximum height of 30 metres above established grade;

“Block 1 tower” means the portion of a building in the Block 1 Zone which collectively encloses the entirety of a storey at and above the Block 1 mid-section building to a maximum height of 66.8 metres above established grade;

“Block 2 base building” means the portion of a building in the Block 2 Zone, exclusive of any existing or reconstructed heritage building or heritage building features, including a boiler room or chimney stack, which collectively encloses the entirety of the first, second and third storey;

“Block 2 mid-section building” means the portion of a building which collectively encloses the entirety of a storey directly above the Block 2 base building to a maximum height of 30 metres above established grade;

“Block 2 tower” means the portion of a building in the Block 2 Zone which collectively encloses the entirety of a storey at and above the Block 2 mid-section building to a maximum height of 66.8 metres above established grade;

“established grade” means the Canadian Geodetic Datum elevation of 87.45 metres;

“gross floor area” means the sum of the total area of each floor level of a building, above and below ground, measured from the exterior of the main wall of each floor level, exclusive of any areas in a building or structure used for,

(a) parking, loading and bicycle parking spaces, including drive aisles and other areas providing access thereto,

(b) washrooms located below ground,

(c) storage, storage lockers, electrical, utility, mechanical, heating, cooling and ventilation rooms and areas,

(d) shower and change facilities for bicycle parking spaces,

(e) amenity space,

(f) elevator shafts,

(g) garbage shafts,

(h) mechanical penthouses,

(i) exit stairwells,

(j) the area of any existing buildings,

(k) mezzanine levels,

(l) atrium areas, and

(m) transportation uses;

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

“mixed use building” means a building which contains dwelling units and non-residential uses, and where a portion or portions of the building are connected above or below ground, they shall be deemed to be one building;

“tower” means Block 1 tower or Block 2 tower;

“tower floor plate” means the floor area of each floor measured from the outside of the exterior walls, but excluding inset and projecting unenclosed balconies;

“transportation use” means the use of premises or facilities for the operation of a mass transit system or transportation system that is provided by, or on behalf of, the City of Toronto, Province of Ontario or Government of Canada, or is privately operated and federally or provincially regulated, including above and below ground areas for pedestrian entries/exits, pedestrian walkways, waiting areas, circulation, vehicular drop-off, pick-up, queuing and waiting areas, transit information and ticketing booths or kiosks, ancillary retail, service shop, personal service shop, retail service, eating establishment and take-out eating establishment uses, office, washrooms, passenger terminal uses, related public parking and all related ancillary uses and facilities, including crash wall and related noise attenuation or rail safety structures;

“zoning by-law” means zoning by-law No. 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 the lands outlined on a map numbered 293 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

(2) For the purposes of this Order, the lands described in subsection (1), and shown on map 293 as Lands Subject to Zoning Order, shall be deemed to be a single lot.

(3) Despite any existing or future severance, partition or division of the lands described in subsection (1), the provisions of this Order apply to all of those lands as if no severance, partition or division had occurred.

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 subsection 2 (1) of this Order.

Matters that may be dealt with in an agreement

4. Each person who owns all or any part of the lands described in subsection 2 (1) 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. Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in subsection 2 (1), except for,

(a) the uses identified in Article 40.10.20 of the zoning by-law;

(b) mixed use buildings;

(c) car-share parking spaces reserved and used only for the purposes of vehicles that are,

(i) owned by a for-profit or non-profit car-sharing organization, and

(ii) made available to at least the occupants of the building for short-term rental, including hourly rental;

(d) parking garages; and

(e) temporary sales, leasing or construction offices that are within a building, structure, facility or trailer and that are used for,

(i) the sale and leasing of dwelling units or non-residential gross floor area to be erected, or

(ii) the administration and management of construction activity related to construction.

Zoning requirements

6. (1) Except as otherwise provided in this section, the following zoning by-law requirements apply to the lands referred to in subsection 2 (1):

1. The Development Standard Set 2 (SS2) requirements.

2. The Commercial Residential (CR) Zone requirements.

(2) Despite subsection (1), the following requirements apply to the lands described in subsection 2 (1):

1. A maximum of one nightclub, with an interior floor area of no more than 400 square metres, is permitted.

2. There is no maximum interior floor area for retail services or retail stores.

3. There is no maximum interior floor area for eating establishments and take-out eating establishments.

4. No internal occupancies within an area of a building on the lot above the third storey shall be used for any of the following uses:

i. Retail stores.

ii. Retail services.

iii. Personal services.

iv. Service shops.

v. Amusement arcades.

vi. Cabarets.

vii. Clubs.

viii. Entertainment places of assembly.

ix. Nightclubs.

5. Residential use portions of a building must be located above the first storey of a building with the exception of residential lobby access, corridors, ancillary service/operational spaces and common spaces such as mailrooms and concierge offices, and indoor amenity spaces.

6. Residential use portions of a mixed use building may be located on a storey which contains any of the following uses:

i. Offices.

ii. Medical offices.

iii. Day nurseries.

7. A maximum of two mixed use buildings and a maximum of two towers are permitted on the lands described in subsection 2 (1).

8. A tower main wall of a building located in the area shown as Block 1 Zone on the map referred to in subsection 2 (1) may be no closer than 25 metres to a tower main wall of a building in the area shown as Block 2 Zone on the same map.

9. The east main wall of the Block 1 base building may be no closer than 18 metres to the west main wall of the Block 2 base building, measured at established grade.

10. No part of the east main wall of the Block 1 mid-section building may be closer than 15 metres to the west main wall of the Block 2 mid-section building.

11. Any existing or reconstructed heritage buildings or heritage building features may be located within the separation distance between the east main wall of the Block 1 base building and the west main wall of the Block 2 base building required in paragraph 9.

12. Any existing or reconstructed heritage buildings or heritage building features may be located within the 15 metre separation distance between the east main wall of the Block 1 mid-section building and the west main wall of the Block 2 mid-section building required in paragraph 10.

13. The maximum gross floor area is 35,970 square metres.

14. The minimum gross floor area for non-residential uses in a mixed use building, exclusive of transportation uses, is 14,388 square metres.

15. Projections and encroachments associated with the following structures or elements may exceed the minimum building setbacks and step backs and maximum building heights set out in sections 7 and 8:

i. Mechanical elements, mechanical penthouse, stair and stair enclosures.

ii. Fences, raised planters, light fixtures, guardrails, pergolas and trellises, divider or dividers and features associated with an outdoor amenity space.

iii. A railing or railings located at each of the roof levels of the building.

iv. Roof assemblies, including a parapet, roof drainage, thermal insulation, roof pavers and roof ballast, at each of the roof levels of the building.

v. Elements and structures associated with a green roof, green energy and renewable energy facilities.

vi. Structures used for outside or open air recreation, safety or wind protection purposes, provided said structures shall not enclose space so as to constitute a form of penthouse or other room or rooms.

vii. Spires, ornamental, decorative or architectural elements, stair towers, access corridors to stairs, access hatches, elevator machine rooms, elevator overrun, chimney stack or other heating, cooling or ventilating equipment located above the height of each of the roof levels of the building.

viii. Lightning rods and exhaust flues.

ix. Eaves, cornices, columns, landscape and public art features, wheelchair ramps, light fixtures, stairs and stair enclosures, balustrades, guardrails, bollards, awnings, arcades, canopies, raised planters, patios, retaining walls, fences, vents, screens, wind mitigation screens and features, underground garage ramp and associated structures, accessibility ramps, window sills, mullions, damper equipment, skylights and window washing equipment.

x. Open balconies, decks, terraces and bay windows.

xi. Telecommunications equipment.

xii. Any existing building main walls, including any existing main walls which may be removed and re-erected.

16. A mechanical penthouse may cover 100 per cent of the roof of a building, measured horizontally.

17. A minimum of 25 per cent of the total number of dwelling units in all buildings shall contain two or more bedrooms.

18. A minimum of 10 per cent of the total number of dwelling units in all buildings shall contain three or more bedrooms.

19. In the area shown as Mid-block Connection Zone on the map referred to in subsection 2 (1), a publicly accessible pedestrian walkway shall be provided with a width of 2.1 metres located at established grade extending north from the south lot line, and the walkway shall be free and clear of any projections, below a height of 5 metres, permitted by paragraph 15, including any buildings, structures, building elements and architectural elements.

20. Vehicle access may only be permitted from Hanna Avenue, Atlantic Avenue, a lane or a private lane, and a maximum of two vehicle accesses are permitted.

21. A minimum of two parking spaces plus a rate of 0.01 parking spaces per dwelling unit for visitors of dwelling units in a mixed use building shall be provided.

22. Where any parking spaces are provided, accessible parking spaces shall be provided and maintained in accordance with Clause 200.15.10 of the zoning by-law.

23. Where any parking spaces are provided, a maximum of 10 per cent of the provided parking spaces shall be small parking spaces with a minimum width of 2.4 metres, a minimum length of 5.0 metres and a minimum vertical clearance of 1.9 metres.

24. Where any parking spaces are provided, such parking spaces may be equipped with an energized outlet, which is clearly marked and identified for electric vehicle charging.

25. Any parking spaces provided may be within a public parking facility, and any parking spaces provided for visitor and non-residential uses may be shared on a non-exclusive basis.

26. Loading spaces shall be provided and maintained in accordance with Clauses 40.10.90, 220.5.1.10 and 220.5.10.1 of the zoning by-law, and such spaces may be shared on a non-exclusive basis by all uses on the lands described in subsection 2 (1).

27. Vehicle access to a loading space may only be from Hanna Avenue, Atlantic Avenue or a lane, including a private lane, and need not be combined with any other vehicle access.

28. No loading spaces are required for the portion of a building used for a transportation use.

29. A loading space access or driveway may be so laid out such that loading vehicles accessing a loading space may exit the lands described in subsection 2 (1) while reversing out onto a street or a lane, including a private lane.

30. Long-term bicycle parking spaces and short-term bicycle parking spaces may be located in a stacked bicycle parking space.

31. Long-term bicycle parking spaces may be located above or below ground.

32. Short-term bicycle parking spaces may be located more than 30 metres from a pedestrian entrance.

33. Bicycle parking spaces shall be provided and maintained in accordance with Clause 230.5.10.1 and Table 230.5.10.1(1) of the zoning by-law.

34. No bicycle parking spaces are required for the portion of a building used for a transportation use.

35. The following requirements apply to bicycle parking spaces:

i. Where bicycles are to be parked on a horizontal surface, a bicycle parking space shall have horizontal dimensions of at least 0.6 metres by 1.8 metres and a vertical dimension of at least 1.9 metres.

ii. Where bicycles are to be parked in a vertical position, a bicycle parking space shall have horizontal dimensions of at least 0.45 metres by 1.2 metres and a vertical dimension of at least 1.9 metres.

iii. Where bicycles are to be parked in a stacked bicycle parking space, a bicycle parking space shall have a horizontal dimension of at least 0.4 metres by 1.8 metres and shall have a combined vertical dimension for two stacked bicycle parking spaces of at least 2.4 metres.

iv. Bicycle parking spaces may be located outdoors or indoors, on the ground level, below ground or above grade.

36. The following sections, articles and clauses of the zoning by-law do not apply to the lands described in subsection 2 (1) of this Order:

i. 40.5.40.10.

ii. 40.5.40.60.

iii. 40.10.40.1.

iv. 40.10.40.60.

v. 40.10.40.70.

vi. 40.10.40.80.

vii. 200.5.10.

viii. Table 200.5.10.1.

ix. 200.20.

x. 600.

xi. 600.20.

xii. 970.

xiii. 995.10.1.

xiv. 995.20.1.

xv. 995.30.1.

xvi. 995.40.1.

37. Chapter 900 of the zoning by-law does not apply to the lands described in subsection 2 (1) of this Order.

(3) Despite anything else in this Order, this section and the zoning by-law do not apply to the uses permitted under clause 5 (e).

Zoning requirements, Block 1 Zone

7. (1) In addition to the requirements set out in section 6, the requirements in this section also apply to the lands located in the area shown as Block 1 Zone on the map referred to in subsection 2 (1).

(2) A Block 1 tower shall have a maximum tower floor plate area of 800 square metres if such tower contains residential uses.

(3) The maximum height of a building or structure shall be,

(a) 15 metres for the Block 1 base building;

(b) 30 metres for the Block 1 mid-section building; and

(c) 66.8 metres for the Block 1 tower.

(4) The minimum height of the first storey of a building, measured between the floor of the first storey and the ceiling of the first storey, is 4.5 metres.

(5) Subsections (3) and (4) do not apply to a building, structure or portion of a building or structure used for a transportation use.

(6) The minimum building setbacks for a Block 1 base building are as follows:

1. 6.5 metres from the north lot line.

2. 0 metres from the west lot line.

3. 0.7 metres from the south lot line.

4. 0 metres from the east boundary of the Block 1 Zone.

(7) The minimum building setbacks or step backs, as the case may be, for a Block 1 mid-section building are as follows:

1. A setback of 6.5 metres from the north lot line.

2. A setback of 2.5 metres from the west lot line.

3. A setback of 0.7 metres from the south lot line.

4. A step back of 1.0 metres from the south main wall of the Block 1 base building, or the Block 1 mid-section building shall have a minimum horizontal overhang of one metre from the Block 1 base building south main wall.

(8) The minimum building setbacks or step backs, as the case may be, for a Block 1 tower are as follows:

1. A setback of 12.5 metres from the north lot line.

2. A step back of three metres from the south main wall of the Block 1 mid-section building.

3. A step back of three metres from the east and west main walls of the Block 1 mid-section building.

4. A step back of three metres from the north main wall of the Block 1 mid-section building.

(9) Subsections (6) to (8) do not apply to a building, structure or portion of a building or structure used for a transportation use.

Zoning requirements, Block 2 Zone

8. (1) In addition to the requirements set out in section 6, the requirements in this section also apply to the lands located in the area shown as Block 2 Zone on the map referred to in subsection 2 (1).

(2) A tower containing residential uses shall have a maximum tower floor plate area of 750 square metres.

(3) The maximum height of a building or structure shall be:

1. 15 metres for the Block 2 base building.

2. 30 metres for the Block 2 mid-section building.

3. 66.8 metres for the Block 2 tower.

(4) The minimum height of the first storey, measured between the floor of the first storey and the ceiling of the first storey, is 4.5 metres.

(5) The minimum setbacks for a Block 2 base building are as follows:

1. 6.5 metres from the north lot line.

2. 0 metres from the east lot line.

3. 0.7 metres from the south lot line.

(6) A minimum separation distance from each point of the east main wall of the Block 2 base building from each point of an existing main wall of a building located at the property municipally known as 5 Hanna Avenue of 21 metres shall be provided.

(7) The minimum setbacks for a Block 2 mid-section building are as follows:

1. 6.5 metres from the north lot line.

2. 2.5 metres from the east main wall of the Block 2 base building.

3. 0.7 metres from the south lot line.

4. One metre from the west main wall of the Block 2 base building, or the Block 2 mid-section building must have a minimum horizontal overhang of one metre from the Block 2 base building west main wall.

5. One metre from the south main wall of the Block 2 base building, or the Block 2 mid-section building shall have a minimum horizontal offset overhang of 1.0 metres from the Block 2 base building south main wall.

(8) The minimum setbacks for a Block 2 tower are as follows:

1. 12.5 metres from the north lot line.

2. Three metres from the southernmost main wall of the Block 2 base building or Block 2 mid-section building.

3. One metre from the west main wall of the Block 2 mid-section building.

4. Three metres from the north main wall of the Block 1 base building.

(9) A minimum separation distance from each point of the east main wall of the Block 2 tower to each point of an existing main wall of the building located at the property municipally known as 5 Hanna Avenue of 25 metres shall be provided.

Other by-laws

9. None of the provisions of By-law No. 438-86, as amended, for the former City of Toronto apply to the lands described in subsection 2 (1).

Inclusionary zoning

10. Section 600.30 of the zoning by-law does not apply to the lands described in subsection 2 (1). 

Terms of use

11.  (1) Every use of land and every erection, location and 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

12. 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.

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