O. Reg. 482/22: ZONING ORDER - CITY OF MARKHAM, REGIONAL MUNICIPALITY OF YORK

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 482/22

ZONING ORDER ─ CITY OF MARKHAM, REGIONAL MUNICIPALITY OF YORK

Consolidation Period: From September 9, 2022 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Definitions

1. In this Order,

“bicycle parking space” means an area that is provided and maintained for the purpose of temporary storage of a bicycle or motor assisted bicycle as those terms are defined in subsection 1 (1) of the Highway Traffic Act;

“dormitory” means a building or part of a building that provides living accommodations for people attending a college, university, private school or camp, and includes an accessory communal lounge or cooking, eating, sanitary or laundry facilities;

“employment use” means an industrial use, a business office, a medical office or a trade and convention centre;

“heliport” means a landing area or platform for helicopters and powered lift aircraft and includes associated buildings that are necessary for the landing area or platform’s operation;

“hotel” means a non-residential establishment for temporary overnight accommodation not exceeding 180 consecutive days that is open to the public, which may include individual hotel rooms that include cooking facilities and which may include accessory meeting facilities, recreation facilities, restaurants, a banquet hall and retail stores, all of which are located on the same lot;

“podium” means the base or lower portion of a multi-storey building, which is located above established grade;

“point tower” means portions of a building that project above a podium;

“private community centre” means a building or part of a building that is privately owned or operated that provides facilities for social, recreational or other similar activities for use by the general public”;

“private park” means an open space or recreational area operated on a commercial or private member basis, accessible to the general public, which includes either or both of the following:

1.  Areas for walking, horse riding or cross-country skiing.

2.  Areas such as arenas, picnic areas, tennis courts, lawn bowling greens, outdoor skating rinks, athletic fields, stadiums, grandstands, and accessory buildings which may include change rooms, meeting rooms, and washrooms;

“Zoning By-law” means Zoning By-Law No. 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 outlined in red on a map numbered 307 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Permitted Uses — Business Park Zone

3. Every use of land and every erection, location or use of any building or structure is prohibited on the lands located in the area shown as the Business Park Zone on the map referred to in section 2, except for,

(a)  all uses permitted in the Business Park Zone under the Zoning By-law, except for a hotel as defined in the Zoning by-law;

(b)  a private community centre;

(c)  a private park;

(d)  a private school;

(e)  a private wastewater treatment plant;

(f)  a hotel;

(g)  a dormitory; and

(h)  a heliport.

Zoning Requirements — Business Park Zone

4. Despite the zoning requirements set out in the Zoning By-law, the zoning requirements for the lands described in section 3 are as follows:

1.  Dormitories and heliports are not permitted unless they are accessory to another permitted use.

2.  The minimum lot area is 0.4 hectares.

3.  The minimum lot frontage is 30 metres.

4.  The minimum building height is 4 metres.

5.  A minimum 7-metre setback is required for all principal buildings or structures, roads, driveways, parking spaces and parking areas from the edge of the TransCanada PipeLines Limited right of way.

6.  All other buildings or structures must be located a minimum of 3 metres from the edge of the TransCanada PipeLines Limited right of way.

7.  The maximum height of a podium is 6 storeys.

8.  A point tower is required to stepback a minimum of 1.8 metres above the podium.

9.  The required parking associated with a private community centre, private park, private school, and dormitory are not required to be located on the same lot.

10.  Other than in a hotel, the minimum number of bicycle parking spaces required shall be one space per 670 square metres of gross floor area.

11.  A bicycle parking space shall have the minimum dimensions of 1.8 metres in length, 0.6 metres in width and 1.2 metres in height.

12.  Warehouse uses are limited to 50 per cent of the gross floor area of all uses permitted under section 3.

13.  Individual industrial uses shall have a minimum gross floor area of 450 square metres.

14.  The minimum required number of parking spaces for a dormitory is 0.5 spaces per bed.

15.  The minimum required number of parking spaces for an arena or stadium is 1 parking space per 12 seats. Where seating is provided in the form of open benches, each 100 centimetres of bench width shall be considered as one seat.

Permitted Uses — Greenway Zone

5. Every use of land and every erection, location or use of any building or structure is prohibited on the lands located in the area shown as the Greenway Zone on the map referred to in section 2, except for,

(a)  all uses permitted in the Greenway Zone under the Zoning By-law; and

(b)  accessory uses to a private school, private community centre, or business office, including driveways and parking areas.

Zoning Requirements — Greenway Zone

6. Despite the zoning requirements set out in the Zoning By-law, the zoning requirements for the lands described in section 5 are as follows:

1.  The uses set out in clause 5 (b) are only permitted within the existing buildings and associated additions to those buildings.

2.  A bicycle parking space shall have the minimum dimensions of 1.8 metres in length, 0.6 metres in width and 1.2 metres in height.

3.  The provisions of Table B9 of the Zoning By-law do not apply.

Terms of use

7. (1) Every use of land and every erection, location and use of buildings or structures 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

8. 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.

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