O. Reg. 592/22: ZONING ORDER - CITY OF NIAGARA FALLS, REGIONAL MUNICIPALITY OF NIAGARA

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 592/22

ZONING ORDER - CITY OF NIAGARA FALLS, REGIONAL MUNICIPALITY OF NIAGARA

Consolidation Period:  From December 22, 2022 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Definitions

1. In this Order,

“amenity area” means the area of a lot or building intended for the use and enjoyment of the tenants of the lot or building, and includes areas that are landscaped open spaces, patios, privacy areas, balconies, communal lounges, swimming pools, play areas, roof decks, sundecks and similar uses, located on the same lot as the building, but shall not include a building’s service areas, parking lots, aisles or access driveways, or planting strips;

“bicycle locker” means an enclosure for the safe keeping of a bicycle that can be locked and is made of weather-resistant material;

“bicycle parking enclosure” means an enclosed, secure area with controlled access in which a bicycle may be parked and secured for the long term in a stable position with at least one point of contact with the frame of the bicycle, and may include a bicycle locker;

“bicycle parking space” means a space to park bicycles;

“facade” means the exterior of the building exposed to public view;

“glazing” means the fitting or furnishing of a building facade with glass;

“tower” means a building with a minimum height of 12 metres above the average grade at the front of the building;

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

“Zoning By-law” means the City of Niagara Falls Zoning By-law No. 79-200.

Application

2. This Order applies to lands in the City of Niagara Falls in the Region of Niagara, in the Province of Ontario, being the lands outlined in red on the map numbered 313 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Central Business Commercial 3 Zone (CB3 Zone)

3. (1) This section applies to the lands located in the area shown as the Central Business Commercial 3 Zone (CB3 Zone) on the map referred to in section 2.

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

(a)  the uses permitted in the CB Zone under the Zoning By-law;

(b)  apartment dwellings;

(c)  dwelling units in a building containing a use listed in clause (a).

(3) The zoning requirements for the uses permitted under subsection (2) are as follows: 

1.  The minimum lot frontage is 20 metres.

2.  The minimum front yard depth for a yard abutting Park Street or Cataract Avenue is 2 metres.

3.  The minimum front yard depth for a yard abutting Bridge Road or River Road is 3 metres.

4.  The maximum front yard depth for a building 12 metres or fewer in height is 6 metres.

5.  There is no maximum front yard depth required for a building greater than 12 metres in height.

6.  There is no minimum rear yard depth.

7.  There is no minimum interior side yard width.

8.  The minimum exterior side yard width for a yard abutting Park Street or Cataract Avenue is 2 metres.

9.  The minimum exterior side yard width for a yard abutting Bridge Road or River Road is 3 metres.

10.  The maximum exterior side yard width for a building 12 metres or fewer in height is 6 metres.

11.  There is no maximum exterior side yard width required for a building greater than 12 metres in height.

12.  The maximum lot coverage is 90 per cent.

13.  The maximum building height is 82 metres from the average grade at the front of the building.

14.  The minimum building height is 9 metres from the average grade at the front of the building.

15.  The maximum podium height is 24 metres from the average grade at the front of the building.

16.  The minimum separation distance between towers is 25 metres.

17.  Despite paragraph 16, the minimum separation distance from a tower to the lot line is 15 metres if there is no adjacent tower.

18.  The maximum tower floor plate area is 920 square metres.

19.  The minimum number of parking spaces required for a dwelling unit, including a dwelling unit in an apartment dwelling, is 1 space per dwelling unit.

20.  Despite paragraph 19, required parking is permitted either on site or off site provided the required parking spaces are no greater than 250 metres from the subject building.

21.  The minimum number of parking spaces required for all other permitted uses are those set out in Table 1 of section 4.19.1 of the Zoning By-law.

22.  The loading area requirements are those set out in section 4.20.1 of the Zoning By-law.

23.  The minimum number of bicycle parking spaces is 0.35 spaces per dwelling unit.

24.  The minimum number of bicycle parking spaces for all other permitted uses is 1 space per 500 metres of floor area.

25.  The minimum amenity area for apartment dwellings is 6 square metres per dwelling unit.

26.  The required amenity area for apartment dwellings must include,

i.  a minimum of 2 square metres per dwelling unit of indoor amenity area,

ii.  a minimum of 2 square metres per dwelling unit of outdoor amenity area, and

iii.  a minimum of 2 square metres per dwelling unit of private balcony amenity area.

27.  The minimum density is 50 dwelling units per hectare.

28.  The minimum glass glazing for ground floor facades is 60 per cent.

29.  The minimum ground floor height is 4.5 metres above the average grade at the front of the building.

30.  The minimum elevation for residential uses is 0.9 metres above the average grade at the front of the building.

31.  The minimum setback from the edge of the roof for mechanical structures is 3 metres.

32.  The maximum floor area for a retail store is 930 square metres.

33.  The zoning requirements set out in section 5 of this Order.

34.  The minimum setback for the portion of a building providing an access driveway to a parking area is 6 metres.

Central Business Commercial 6 Zone (CB6 Zone)

4. (1) This section applies to the lands located in the area shown as the Central Business Commercial 6 Zone (CB6 Zone) on the map referred to in section 2.

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

(a)  the uses permitted in the CB Zone under the Zoning By-Law; and

(b)  dwelling units in a building containing a use listed in clause (a).

(3) The zoning requirements for the uses permitted under subsection (2) are as follows:

1.  The minimum lot frontage is 50 metres.

2.  There is no minimum front yard depth for a podium.

3.  The minimum front yard depth of any portion of a building greater than 6 metres in height is 3 metres.

4.  The maximum front yard depth for a building 12 metres or fewer in height is 6 metres.

5.  There is no maximum front yard depth for a building with a height greater than 12 metres.

6.  There is no minimum rear yard depth.

7.  There is no minimum interior side yard width.

8.  There is no minimum exterior side yard width for a podium.

9.  The minimum exterior side yard width for a tower or building greater than 12 metres in height is 3 metres.

10.  The maximum exterior side yard width for a building with a height of 12 metres or fewer is 6 metres.

11.  There is no maximum exterior side yard width for a building with a height greater than 12 metres.

12.  The maximum lot coverage is 90 per cent.

13.  The maximum building height is 132.5 metres from the average grade at the front of the building.

14.  The minimum building height is 9 metres from the average grade at the front of the building.

15.  The maximum podium height is 24 metres from the average grade at the front of the building.

16.  The minimum tower separation distance is 25 metres.

17.  The minimum separation distance from a tower to the lot line is 15 metres if there is no adjacent tower.

18.  The maximum tower floor plate is 920 square metres.

19.  The minimum number of parking spaces required for a dwelling unit, including a dwelling unit in an apartment dwelling, is 1 space per dwelling unit.

20.  Despite paragraph 19, required parking is permitted either on site or off site provided the required parking spaces are no greater than 250 metres from the subject building.

21.  The minimum number of parking spaces required for all other permitted uses are those set out in Table 1 of section 4.19.1 and Table 1 of section 19.1.73 of the Zoning By-law.

22.  The loading area requirements are set out in Section 4.20.1 of the Zoning By-law.

23.  The minimum number of bicycle parking spaces is 0.35 spaces per dwelling unit.

24.  The minimum number of bicycle parking spaces for all other permitted uses is 1 space per 500 metres of floor area.

25.  The minimum amenity area for dwellings is 6 square metres per dwelling unit.

26.  The required amenity area for dwelling units must include,

i.  a minimum of 2 square metres per dwelling unit of indoor amenity area,

ii.  a minimum of 2 square metres per dwelling unit of outdoor amenity area, and

iii.  a minimum of 2 square metres per dwelling unit of private balcony amenity area.

27.  The minimum density is 50 dwelling units per hectare.

28.  The maximum building length is 107 metres.

29.  The minimum glass glazing for ground floor facades is 60 per cent.

30.  The minimum ground floor height is 4.5 metres above the average grade at the front of the building.

31.  The minimum elevation for residential uses is 0.9 metres average finished grade level.

32.  The minimum setback from the edge of the roof for mechanical structures is 3 metres.

33.  The maximum floor area for a retail store is 930 square metres.

34.  The zoning requirements set out in section 5 of this Order.

35.  The minimum setback for the portion of a building providing an access driveway to a parking area is 6 metres.

General zoning requirements

5. In addition to the zoning requirements set out in subsections 3 (3) and 4 (3), the following zoning requirements apply to the lands located in the areas shown as the Central Business Commercial 3 Zone (CB3 Zone) and Central Business Commercial 6 Zone (CB6 Zone) on the map referred to in section 2:

1.  Opaque spandrel glazing must not be included on the ground level front facade.

2.  Open balconies not covered by a roof or canopy are not permitted to project into any required yard.

3.  On a lot with apartment dwellings, parking spaces and drive aisles within a building shall not be located on the ground floor.

4.  Despite paragraph 3, parking spaces and drive aisles may be located on the ground floor of a building if,

i.  the ground floor of the building has one or more permitted uses other than a parking lot that abuts the street line facade, and

ii.  parking spaces and drive aisles are located behind the area on the ground floor devoted to the permitted uses referred to in subparagraph i for the entire length of the street line facade, except for an access driveway.

5.  Bicycle parking spaces must comply with the following requirements:

i.  A bicycle parking space must be located within a building, structure, enclosure or bicycle locker, or more than one of these.

ii.  A bicycle parking space must be a minimum of 1.8 metres in length.

iii.  Despite subparagraph ii, if a bicycle parking space provides for vertical storage of a bicycle, the minimum length is 1.2 metres.

iv.  A bicycle parking space must be a minimum of 0.6 metres in width.

v.  Overhead clearance in covered spaces must be a minimum of 2.1 metres from the floor where the bicycle parking is located.

vi.  Despite subparagraph v, if a bicycle parking space is located within a bicycle locker, overhead clearance is not required.

vii.  A bicycle parking space must abut an access aisle that is a minimum of 1.5 metres in width.

6.  All setbacks must comply with any applicable distance specified in 4.27 of the Zoning By-law.

Terms of use

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

7. 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 Niagara Falls.

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