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Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 104/72

Restricted Areas — Regional Municipality of York, Town of Markham

Consolidation Period: From August 21, 2015 to the e-Laws currency date.

Note: This Regulation was consolidated under subsection 99 (3) of the Legislation Act, 2006 on June 30, 2009.

Last amendment: O. Reg. 247/15.

This Regulation is made in English only.

CONTENTS

 

1. In this Order,

“accessory”, when used to describe a use, building or structure, means a use, building or structure normally incidental or subordinate to the principal use, building or structure located on the same lot and includes the erection of permanent dwellings and other auxiliary buildings necessary for the operation of the principal use;

“agriculture use” means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or bee-keeping and such uses as are customarily and normally related to agriculture, but shall not include,

(a) commercial mushroom farms,

(b) commercial riding establishments,

(c) commercial greenhouses, or

(d) kennels that are not part of a veterinarian establishment;

“dwelling” means one or more habitable rooms designed for use by, and occupied by not more than one household and in which separate kitchen and sanitary facilities are provided for the exclusive use of the household, with a private entrance from outside the building or from a common hallway or stairway inside the building;

“floor area” means the total area of all floors contained within the outside walls of a building, excluding in the case of a dwelling, the floor area of a private garage, porch, veranda, unfinished attic, basement or cellar;

“frontage” means the width of a lot measured along a line 25 feet back from the street and parallel to the lot line abutting the street;

“front yard” means a yard extending across the full width of a lot on which a building is situate, and extending from the front lot line to the main wall of the building for which such front yard is required that is nearest to the front lot line;

“home occupation” means any occupation for gain or support conducted entirely within a dwelling by members of the household residing in the dwelling, provided that,

(a) there is no external display or advertising other than a sign having a total display area not exceeding 2 square feet,

(b) there is no external storage of goods or materials, and not more than 25 per cent of the total floor area is used for the home occupation use, and

(c) there are no persons employed in the dwelling except,

(A) the members of the household residing in the dwelling, or

(B) in the case of a dentist, physician or veterinarian, a staff of one person;

“household” means one or more persons living as a single housekeeping unit in one dwelling;

“lot” means a parcel of land, described in a deed or other document legally capable of conveying land, or shown as a lot or block on a registered plan of subdivision or part thereof, and includes any parts of such parcel that are within a right of way or easement;

“rear yard” means a yard extending across the full width of a lot on which a building is situate, and extending from the rear lot line to the main wall of the building for which such rear yard is required that is nearest to the rear lot line;

“side yard” means a yard extending from the front yard to the rear yard and from the side lot line to the main wall of the building for which such side yard is required that is nearest to the side lot line;

“single dwelling” means a separate building containing only one dwelling;

“street” means a public highway that is a principal means of access to abutting lots, that is under jurisdiction of the Province of Ontario or The Regional Municipality of York or the Town of Markham, or is a road within a registered plan of subdivision, or is a road the maintenance of which has been assumed by the town;

“yard” means a space open from the ground to the sky on the lot on which a building is situate unoccupied except for such accessory buildings as are permitted in this Order.  O. Reg. 104/72, s. 1; O. Reg. 360/72, s. 1; O. Reg. 492/90, s. 1.

Application

2. This Order applies to the following lands in the Town of Markham in the Regional Municipality of York:

1. That portion of Lots 19 and 20 east of the Little Rouge Creek and Lots 21, 22, 23, 24, 25, 26, 27, 28 and 29 and the southerly half of Lot 30 in Concession VIII, except for:

i. that portion of Lot 21 in Concession VIII more particularly described as follows:

Firstly:

Beginning at a point in the southerly limit of the said lot distant 2,937 feet measured westerly therealong from the southeast angle of the said lot;

Thence northerly parallel to the easterly limit of the said lot a distance of 660 feet to the point of commencement;

Thence continuing northerly parallel to the easterly limit of the said lot a distance of 660 feet to the northerly limit of the said lot;

Thence easterly along the northerly limit of the said lot a distance of 132 feet to a point;

Thence southerly parallel to the easterly limit of the said lot a distance of 660 feet to a point;

Thence westerly parallel to the southerly limit of the said lot a distance of 132 feet more or less to the point of commencement.

Secondly:

Beginning at a point in the southerly limit of the said lot a distance of 2,937 feet from the southeast angle of the said lot;

Thence northerly parallel to the easterly limit of the said lot a distance of 1,320 feet to the northerly limit of the said lot;

Thence westerly along the northerly limit of the said lot and parallel to the southerly limit of the said lot a distance of 363 feet to the centre of the said lot;

Thence southerly along the centre of the said lot a distance of 1,320 feet more or less to the southerly limit of the said lot;

Thence easterly along the southerly limit of the said lot a distance of 363 feet more or less to the place of beginning.

2. Lots 17 to 29 inclusive and the southerly half of Lot 30 in Concession IX, save and except the following:

(i) those portion of Lots 17, 18, 19 and 20, south of Little Rouge Creek in Concession IX in the Town of Markham, in The Regional Municipality of York and shown on a map numbered 188 identified by the Registrar of Regulations Office on April 16, 1996 and filed with the Plans Administration Branch, Central and Southwest of the Ministry of Municipal Affairs and Housing at Toronto.

3. Lots 15 to 29, both inclusive, and the southerly quarter of Lot 30 in Concession X.

4. All original road allowances between or fronting the lands described in paragraphs 1 to 3. O. Reg. 247/15, s. 1.

General

3. No land shall thereafter be used and building or structure shall hereafter be erected or used except in accordance with the terms of this Order, but nothing in this Order prevents the use of any land, building or structure for a purpose prohibited by this Order if such land, building or structure was lawfully used for such purpose on the day this Order comes into force, or prevents the erection or use of any building or structure the plans for which have, prior to the day this Order comes into force, been approved by the Town of Markham.  O. Reg. 104/72, s. 3.

Permitted Uses

4. Every use of land and every erection or use of buildings or structures within the Town of Markham is prohibited except, agricultural uses, and buildings and structures accessory thereto, including one single dwelling used in connection with each agricultural operation.  O. Reg. 104/72, s. 4; O. Reg. 492/90, s. 2.

5. Requirements for agriculture uses and buildings and structures accessory thereto, including one single dwelling used in connection with the agriculture operation, are established as follows:

 

Minimum lot area

25 acres

Minimum lot frontage

600 feet

Minimum front, side and rear yards

50 feet

Minimum ground floor area for dwelling

one storey—1,000 square feet

 

one and one-half storeys or more—750 square feet

O. Reg. 360/72, s. 3; O. Reg. 492/90, s. 3.

6. Single dwellings and buildings accessory thereto existing on the date this Order comes into force may be extended or enlarged provided that such single dwellings and buildings accessory thereto as extended or enlarged comply with the following requirements:

 

Minimum front yard

25 feet

Minimum side yard

10 feet on one side and 4 feet on the other side

Minimum rear yard

25 feet

O. Reg. 104/72, s. 6; O. Reg. 492/90, s. 4.

6.1 Buildings or structures accessory to single dwellings may be erected or built provided that such buildings or structures comply with the following requirements:

1. All accessory buildings which are not part of the main building shall be erected in the rear and shall be not less than two feet from any lot line.

2. All accessory buildings which are not part of the main building and are situate on a corner lot shall not be erected any closer to any street line than the main buildings on the two adjacent lots.  O. Reg. 491/72, s. 1; O. Reg. 492/90, s. 5.

Building Line

7. No buildings or any part thereof shall be erected or extended nearer to the centre line of any street than in accordance with the following:

 

Provincial highways

100 feet

Regional roads

78 feet

Town roads and other roads or streets

60 feet

O. Reg. 104/72, s. 7.

8. Notwithstanding anything contained in this Order,

(a) the Town of Markham or any local board thereof, as defined in The Department of Municipal Affairs Act;

(b) any department or agency of the Government of Canada or Ontario;

(c) any telephone or telegraph company; and

(d) The Hydro-Electric Power Commission of Ontario,

may, for the purpose of providing a service to the public, use land and erect any building or structure, notwithstanding that the building, structure or use does not conform with the provisions of this Order.  O. Reg. 104/72, s. 8; O. Reg. 491/72, s. 2.

Rebuilding and Repairs

9. (1) Nothing in this Order prevents the repair of reconstruction of any building or structure that is damaged or destroyed subsequent to the date this Order comes into force, provided that the dimensions of the original building or structure are not increased or its original use altered.  O. Reg. 104/72, s. 9 (1).

(2) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure or part of any such building or structure.  O. Reg. 104/72, s. 9 (2).

Buildings to Front on Street

10. No person shall erect any building or structure unless the lot upon which such building or structure is to be erected fronts upon a street.  O. Reg. 104/72, s. 10.

One Single Dwelling Per Lot

11. No more than one single dwelling shall be erected on any one lot, but this section does not prohibit the erection of accessory buildings as temporary living accommodation for agricultural workers.  O. Reg. 104/72, s. 11; O. Reg. 492/90, s. 6 (2).

Home Occupation

12. Nothing in this Order prevents the carrying on of a home occupation in a single dwelling.  O. Reg. 104/72, s. 12; O. Reg. 492/90, s. 7.

13. Where a lot abuts navigable water, accessory buildings may be erected up to those portions of the lot boundary that so abut.  O. Reg. 104/72, s. 13.

14. Revoked: O. Reg. 247/15, s. 2.

15. Notwithstanding any other provision of this Order, the land described in Schedule 2 may be used for the erection and use thereon of a horse arena provided the following requirements are met:

 

Minimum front yard

500 feet

Minimum side yards

20 feet

O. Reg. 137/79, s. 1.

16. Revoked:  O. Reg. 57/84, s. 2.

17. Notwithstanding any other provision of this Order, the land described in paragraph 1 of Schedule 4 may be used for the continued use thereon of a single dwelling and buildings and structures accessory thereto.  O. Reg. 412/79, s. 1; O. Reg. 492/90, s. 9.

18. Notwithstanding any other provision of this Order, the land described in paragraph 2 of Schedule 4 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum front yard

40 feet

Minimum side yards

10 feet

Minimum rear yard

40 feet

O. Reg. 412/79, s. 1; O. Reg. 492/90, s. 10.

19., 20. Revoked: O. Reg. 247/15, s. 2.

21. Notwithstanding any other provision of this Order, the land described in Schedule 6 may be used for the erection and use thereon of an additional single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum front yard

7.5 metres

Minimum side yards

3 metres

Minimum rear yard

7.5 metres

O. Reg. 722/79, s. 1; O. Reg. 492/90, s. 13.

22. Notwithstanding any other provision of this Order, the existing barn on the land described in Schedule 7 may be used as a carpentry shop and a display room.  O. Reg. 817/79, s. 1.

23. Revoked: O. Reg. 247/15, s. 2.

24. Revoked: O. Reg. 57/84, s. 2.

25. Despite section 4, the single dwelling existing on the day this section comes into force, on the land described in Schedule 10 is permitted if the following requirements are met:

 

Minimum lot area

0.49 hectares

Minimum lot frontage

67.1 metres

Minimum front yard

10 metres

Minimum side yard

3 metres

O. Reg. 144/96, s. 1.

26. Notwithstanding any other provision of this Order, the land described in Schedule 11 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum front yard

7.5 metres

Minimum side yards

3 metres

Minimum rear yard

7.5 metres

O. Reg. 114/80, s. 1; O. Reg. 492/90, s. 16.

27. Revoked: O. Reg. 247/15, s. 2.

28. Revoked: O. Reg. 57/84, s. 2.

29. Notwithstanding any other provision of this Order, the land described in Schedule 14 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum lot area

2,040 square metres

Minimum lot frontage

30 metres

Minimum front yard

7.6 metres

Minimum side yards

3 metres

Minimum rear yard

7.6 metres

O. Reg. 954/80, s. 1; O. Reg. 492/90, s. 17.

30. Revoked: O. Reg. 57/84, s. 2.

31. Notwithstanding any other provision of this Order, the land described in Schedule 16 may be used for the erection and use thereon of a greenhouse and a dog kennel and buildings and structures accessory thereto provided the following requirements are met:

 

  1. Requirements for the greenhouse:

 

Minimum distance between the greenhouse and the centre line of 9th Line

37 metres

Minimum distance between the greenhouse and the northerly side lot line

40 metres

Maximum ground floor area for the greenhouse

665 square metres

  2. Requirements for the dog kennel:

 

Minimum distance between the dog kennel and the centre line of 9th Line

100 metres

Minimum distance between the dog kennel and the northerly side lot line

100 metres

Maximum ground floor area for the dog kennel

77.5 square metres

O. Reg. 1033/80, s. 1.

32. Notwithstanding any other provision of this Order, the land described in Schedule 17 may be used for an agricultural use and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum lot frontage

91 metres

Minimum front yard

7.6 metres

Minimum side yards

13.3 metres on one side and 50 metres on the other side

O. Reg. 125/81, s. 1.

33.-35. Revoked: O. Reg. 247/15, s. 2.

36. Notwithstanding any other provision of this Order, the land described in Schedule 21 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum lot frontage

30 metres

Minimum lot area

2,040 square metres

Minimum front yard

7.6 metres

Minimum side yards

3 metres

Minimum rear yard

7.6 metres

O. Reg. 444/81, s. 1; O. Reg. 670/81, s. 1; O. Reg. 492/90, s. 18.

37. Notwithstanding any other provision of this Order, the land described in paragraph 1 of Schedule 22 may be used for the continuance thereon of the existing agricultural uses and buildings and structures accessory thereto provided that the existing barn may not be used for the housing of livestock and provided that the following requirement is met:

 

Minimum lot area

9.43 hectares

O. Reg. 540/81, s. 1.

38. Notwithstanding any other provision of this Order, the land described in paragraph 2 of Schedule 22 may be used for the continued use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum lot area

0.27 hectares

Minimum lot frontage

40 metres

Minimum front yard

7.6 metres

Minimum side yards

3 metres

Minimum rear yard

7.6 metres

Maximum height of dwelling

two and one-half storeys

O. Reg. 540/81, s. 1; O. Reg. 492/90, s. 19.

39. Revoked: O. Reg. 247/15, s. 2.

40. Revoked: O. Reg. 57/84, s. 2.

41. Revoked: O. Reg. 247/15, s. 2.

42. Notwithstanding any other provision of this Order, the land described in Schedule 26 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum front yard

7.6 metres

Minimum side yards

3 metres

Minimum rear yard

7.6 metres

O. Reg. 770/82, s. 1; O. Reg. 492/90, s. 21.

43., 44. Revoked: O. Reg. 247/15, s. 2.

45. Revoked: O. Reg. 168/02, s. 2.

46. (1) Notwithstanding any other provision of this Order, a single dwelling and buildings and structures accessory thereto may be erected on the land described in subsection (2) provided the following requirements are met:

 

Minimum lot frontage

45 metres

Minimum lot area

1.7 hectares

Minimum front yard

7.6 metres

Minimum side yards

3 metres

Minimum rear yard

7.6 metres

O. Reg. 563/85, s. 1; O. Reg. 492/90, s. 23.

(2) Subsection (1) applies to that parcel of land in the Town of Markham in The Regional Municipality of York, being that part of Lots 29 and 30 in Concession VIII designated as Part 1 on a Plan deposited in the Land Registry Office for the Registry Division of York Region (No. 65) as Number 65R-8050.  O. Reg. 563/85, s. 1.

47., 48. Revoked: O. Reg. 247/15, s. 2.

49. (1) A single dwelling and buildings and structures accessory thereto may be erected and used on the land described in subsection (2) if the dwelling existing on the land on the day this section comes into force is demolished and if the new dwelling meets the following requirements:

 

Minimum distance of any building or structure from the centre line of 17th Avenue

30 metres

Minimum side yards

3.048 metres

Minimum rear yard

7.62 metres

Minimum total area of single dwelling

one storey—139.35 square metres

 

one and one-half storeys—153.29 square metres

 

two storeys—167.22 square metres

O. Reg. 575/86, s. 1; O. Reg. 492/90, s. 25.

(2) Subsection (1) applies to that parcel of land in the Town of Markham in The Regional Municipality of York, being that part of Lot 21 in Concession VIII more particularly described as follows:

Commencing on the southern boundary or limit of said lot at a point 3,300 feet from the southwest angle of said lot;

Thence south 74° west along the southern boundary of said lot 367.62 feet;

Thence northerly along the fence line dividing the lands hereby conveyed from the premises immediately to the west thereof a distance of 660 feet;

Thence easterly parallel with the south limit of said lot a distance of 367.62 feet;

Thence southerly along the division line fence between the lands hereby conveyed and those immediately to the east thereof 660 feet more or less to the place of beginning, containing five and one-half acres more or less.

O. Reg. 575/86, s. 1.

50., 51. Revoked: O. Reg. 247/15, s. 2.

52. (1) For the purposes of this section, a “golf course” does not include a driving range or a miniature golf course.  O. Reg. 403/90, s. 1.

(2) Notwithstanding any other provision of this Order, the land described in subsection (3) may be used for a golf course and buildings and structures accessory thereto, including a club house, tennis court, shop and pump house, if the following requirements are met:

 

Minimum lot frontage

175 metres

Minimum lot area

28 hectares

Except in the case of a tennis court, minimum distance between any building or structure and the centre line of Kennedy Road

36.6 metres

Minimum distance between any building or structure and the side lot lines

10.7 metres

Minimum distance between any building or structure and the rear lot line

15.2 metres

Minimum distance between any building or structure and the top of bank of the Rouge River

10 metres

O. Reg. 403/90, s. 1.

(3) Subsection (2) applies to that parcel of land situate in the Town of Markham, in The Regional Municipality of York being that part of Lots 28 and 29 in Concession VI described as follows:

Premising that all bearings herein are astronomic and are referred to the easterly limit of Kennedy Road as shown on Plan 64R-7644 having a bearing of north 10° 14' 10" west;

Commencing at a point located as follows:

Beginning at a point in the northerly limit of Lot 29, distance 13.84 metres measured easterly along it from the northwest corner of Lot 29, Concession VI;

Thence south 10° 29' 40" east along the easterly limit of Kennedy Road as dedicated by By-law 94-81-134, 182.86 metres to a standard iron bar;

Thence north 74° 37' 30" east 82.42 metres to a standard iron bar;

Thence south 10° 28' 30" east along the easterly limit of the land described in instrument number 49082, a distance of 82.25 metres to the point of commencement of the herein described parcel;

Thence south 10° 28' 30" east along the easterly limit of the land described in instrument number 49082, a distance of 126.98 metres to an iron bar;

Thence north 72° 51' 40" east along the northerly limit of Part 1, according to deposited plan 65R-10200, a distance of 43.09 metres to an iron bar;

Thence south 10° 09' 40" east along the easterly limit of Part 1, according to deposited plan 65R-10200, and the easterly limit of instrument number 399993, a total of 65.52 metres to an iron pipe;

Thence south 72° 46' 30" west 125.61 metres to an iron bar in the easterly limit of Kennedy Road as dedicated by By-law 94-81-134;

Thence south 10° 14' 10" east along the easterly limit of Kennedy Road, 92.44 metres to the intersection, with a snake rail fence running easterly from it;

Thence north 72° 14' 20" east along the fence, 256.55 metres to an iron bar;

Thence continuing north 72° 24' 30" east along the fence, 203.67 metres to an iron bar;

Thence continuing north 72° 17' 10" east along the fence, 241.03 metres to an iron bar;

Thence continuing north 72° 16' 00" east along the fence, 262.39 metres to an iron bar;

Thence continuing north 72° 20' 00" east along the fence, 105.60 metres to an iron bar in the westerly limit of Part 1, according to deposited Plan 65R-13717;

Thence south 11° 23' 45" east along the westerly limit of Part 1,55.62 metres to an iron bar;

Thence north 72° 49' 50" east along the southerly limit of Part 1,78.94 metres to an iron bar;

Thence north 10° 21' 15" west 199.86 metres to a subdivision bar in the line of a post and wire fence running northerly;

Thence north 10° 21' 15" west 141.0 metres to an iron bar;

Thence south 72° 17' 45" west 1,066.65 metres to the point of commencement.

Save and except a parcel of land approximately 0.28 hectares in area described as follows:

Commencing at the southwest corner of Part 1 on Reference Plan 65R-14688;

Proceeding north along the frontage of Kennedy Road Allowance a distance of 9.1 metres;

Thence easterly, parallel to the southern limit of the said Part 1 on Reference Plan 65R-14688 a distance of 304.8 metres;

Thence south 9.1 metres to the southern boundary of Part 1 on Reference Plan 65R-14688;

Thence west along the southern limit of Part 1 on Reference Plan 65R-14688, 304.8 metres to the point of commencement.

Together with a parcel of land approximately 0.28 hectares in area described as follows:

Commencing at the northeast corner of Part 1 on Reference Plan 65R-8411;

Proceeding south along the easterly limit of the said Reference Plan a distance of 13.7 metres;

Thence westerly, parallel to the northern boundary of the said Reference Plan a distance of 203.2 metres; then north 13.7 metres to the boundary with the northern limit of the said Reference Plan;

Thence east along the northern boundary of the said Reference Plan 203.2 metres to the point of commencement.

O. Reg. 10/01, s. 2.

53. Revoked: O. Reg. 247/15, s. 2.

54.-65. Revoked: O. Reg. 961/78, s. 2.

66. Notwithstanding any other provision of this Order, the lands described in paragraphs 1, 2, 3, 4 and 5 of Schedule 59 may each be used for the continued use thereon of a single dwelling and buildings and structures accessory thereto.  O. Reg. 589/78, s. 1; O. Reg. 492/90, s. 28.

67. Revoked: O. Reg. 247/15, s. 2.

 

68. Revoked: O. Reg. 961/78, s. 2.

69. Revoked: O. Reg. 57/84, s. 2.

70., 71. Revoked: O. Reg. 961/78, s. 2.

72. Revoked: O. Reg. 247/15, s. 2.

73. Notwithstanding any other provision of this Order, the land described in Schedule 66 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

 

Minimum front yard

25 feet

Minimum side yards

10 feet on one side and 4 feet on the other side

Minimum rear yard

25 feet

No building or any part thereof shall be located nearer to the centre line of any street except in accordance with the following:

 

Provincial highways

100 feet

Regional roads

78 feet

Other roads or streets

60 feet

O. Reg. 853/78, s. 1; O. Reg. 492/90, s. 29.

74. Revoked: O. Reg. 247/15, s. 2.

75. (1) Despite section 5, a barn together with accessory buildings and structures may be erected, located and used on the lands described in subsection (2), if the following requirements are met:

 

Minimum lot area

4.1 hectares

Minimum lot frontage

100.6 metres

Minimum front yard

7.5 metres

Minimum rear yards

7.5 metres

Minimum side yard

6.0 metres

O. Reg. 323/96, s. 1.

(2) Subsection (1) applies to that parcel of land in the Town of Markham in The Regional Municipality of York being part of Lot 29, Concession X, described as follows:

All and Singular that certain parcel or tract of land and premises situate lying and being in the Township of Markham, in the County of York, Province of Ontario, containing by admeasurement 10.027 acres more or less and being composed of part of Lot 29, in the Tenth Concession of the said Township, the said parcel being more particularly described as follows:

Premising that the northerly part of the easterly limit of Lot 29 has a bearing of North 13 degrees 23 minutes 40 seconds West and relating all bearings herein thereto, then

Commencing at a point in the said easterly limit of Lot 29, distant southerly therealong three hundred and thirty-three decimal five six feet (333.56') from the north-east angle thereof;

Thence North 13 degrees 23 minutes 40 seconds West along the said easterly limit of Lot 29, three hundred and thirty-three decimal five six feet (333.56') to the north-east angle of the said Lot 29;

Thence South 71 degrees 03 minutes 40 seconds West along a post and wire fence marking the northerly limit of the said Lot 29, one thousand three hundred and nineteen decimal nine five feet (1,319.95') to an iron bar planted;

Thence South 14 degrees 53 minutes 40 seconds East, along a post and wire fence three hundred and thirty-two decimal eight three feet (332.83') to an iron bar planted;

Thence North 71 degrees 03 minutes 40 seconds East one thousand three hundred and eleven decimal one nine feet (1,311.19') more or less to the point of commencement.

O. Reg. 323/96, s. 1.

76. (1) Despite sections 4 and 5, two dwellings are permitted on the lands described in subsection (2) as well as accessory buildings and structures if the following requirements are met:

 

Minimum lot area

19 hectares

Minimum lot frontage

100 metres

Minimum front yard and side yards

100 metres

Minimum rear yard

15 metres

Minimum ground floor area

70 square metres

O. Reg. 269/98, s. 1.

(2) Subsection (1) applies to those lands in the Town of Markham in The Regional Municipality of York being that part of Lot 23 in Concession 8 designated as Parts 1 and 3 on Plan 65R-13863.  O. Reg. 269/98, s. 1.

77.-79. Revoked: O. Reg. 247/15, s. 2.

80. (1) Despite section 4, every use of land and every erection or use of buildings or structures is prohibited except a barn, together with accessory buildings and structures, which may be erected, located and used on the land described in subsection (3).  O. Reg. 339/03, s. 1.

(2) Despite section 5, the requirements for the barn together with accessory buildings and structures as permitted by subsection (1) are as follows:

 

Minimum lot frontage

76.5 metres

Minimum lot area

3.06 hectares

Minimum setback from front lot line

7.5 metres

Minimum setback from side lot lines

6 metres

Minimum setback from rear lot line

7.5 metres

O. Reg. 339/03, s. 1.

(3) Subsections (1) and (2) apply to the land in the Town of Markham in The Regional Municipality of York, being that part of Lot 20 in Concession 8, further described as Property Identifier Number 03061-0087(LT) and registered in the Land Registry Office for the Land Titles Division of York (No. 65).  O. Reg. 339/03, s. 1.

81., 82. Revoked: O. Reg. 247/15, s. 2.

83. (1) Despite section 4, one place of worship and one dwelling used in conjunction with the place of worship, together with accessory buildings and structures, may be erected, located and used on the land described in subsection (3) if the following requirements are met:

 

Requirement

Place of Worship

Residence

Maximum building height

10 metres

10 metres

Minimum side yard

14 metres

14 metres

Minimum rear yard

21 metres

21 metres

Maximum gross floor area

860 square metres

605 square metres

O. Reg. 14/15, s. 1.

(2) In addition to the requirements set out in subsection (1), a minimum of 49 parking spaces is required on the land described in subsection (3). O. Reg. 14/15, s. 1.

(3) Subsections (1) and (2) apply to the land in the Town of Markham in the Region of York, being part of Lots 28 and 29 in Concession 6 and further identified as Property Identifier Number 03056-01880 (LT) and registered in the Land Registry Office for the Land Titles Division of York (No. 65). O. Reg. 14/15, s. 1.

Schedule 1 Revoked: O. Reg. 247/15, s. 3.

Schedule 2

That parcel of land situate in the Town of Markham in The Regional Municipality of York, formerly in the Township of Markham in the County of York, being composed of that part of Lot 20 in Concession VIII more particularly described as follows:

Premising that the northerly limit of the said Lot 20 has a bearing of north 74° east and relating all bearings herein thereto;

Beginning at a point in the said northerly limit of the said lot distant westerly therealong 3,441.32 feet from the northeasterly angle thereof;

Thence south 74° west along the said northerly limit of the said lot 350.18 feet to a point;

Thence 7° 33' 40" east 1,344.15 feet, more or less, to a fence line marking the southerly limit of the said lot;

Thence north 74° 16' 10" east along the said fence line 309.78 feet to a point;

Thence north 5° 50' 50" west 1,342.44 feet, more or less, to the place of beginning.

O. Reg. 137/79, s. 2.

Schedule 3 Revoked:  O. Reg. 57/84, s. 3.

Schedule 4

Those parcels of land situate in the Town of Markham in The Regional Municipality of York, being those parts of Lots 29 and 30 in Concession VIII shown on a Plan deposited in the Land Registry Office for the Registry Division of Toronto Boroughs and York South (No. 64) as Number 64R-7624 and designated as follows:

1. Part 1.

2. Part 2.

O. Reg. 412/79, s. 2.

Schedule 5 Revoked: O. Reg. 247/15, s. 3.

Schedule 6

That parcel of land situate in the Town of Markham in The Regional Municipality of York, being composed of that part of Lot 20 in Concession VI more particularly described as follows:

Beginning at a point in the northerly limit of the said Lot 20 where an iron bar has been planted at a distance of 3,189.69 feet measured westerly along the said limit from the northeasterly corner of the said lot;

Thence south 8° 19' east 1,344.39 feet to an iron bar planted in the southerly limit of the said lot;

Thence westerly along the said southerly limit 3,830.06 feet to an iron bar planted in the southwesterly corner of the said lot;

Thence north 9° west along the said westerly limit 1,329.51 feet to the northwesterly corner of the said lot;

Thence easterly along the said northerly limit 3,847.79 feet to the place of beginning.

O. Reg. 722/79, s. 2.

schedule 7

That parcel of land situate in the Town of Markham in The Regional Municipality of York, being composed of that part of Lot 21 in Concession VIII more particularly described as follows:

Beginning at a point in the southerly limit of the said Lot 21 distant 2,302 feet, 4.75 inches measured easterly therealong from the southwesterly angle of the said lot;

Thence northerly and parallel to the westerly limit of the said lot a distance of 489 feet, 4.5 inches, more or less, to the southeasterly limit of the Canadian National Railways lands, as fenced;

Thence southwesterly along the last-mentioned limit 783 feet, 7.25 inches, more or less, to its intersection with the said southerly limit of the said lot;

Thence easterly along the last-mentioned limit 550 feet, 1.5 inches to the place of beginning.

O. Reg. 817/79, s. 2.

Schedule 8 Revoked: O. Reg. 247/15, s. 3.

Schedule 9 Revoked: O. Reg. 57/84, s. 3.

schedule 10

That parcel of land situated in the Town of Markham in The Regional Municipality of York Region, being that part of Lot 25 in Concession XXV designated as Parts 1 and 2 on Plan 65R-18217 deposited in the Land Registry Office for the Land Registry Division of York Region (No. 65).

O. Reg. 144/96, s. 2.

schedule 11

That parcel of land situate in the Town of Markham in The Regional Municipality of York, being composed of that part of Lot 10 in Block D, Plan 19, designated as Part 2 on a Reference Plan deposited in the Land Registry Office for the Registry Division of Toronto Boroughs and York South (No. 64) as Number 64R-6585.

O. Reg. 114/80, s. 2.

Schedule 12 Revoked: O. Reg. 247/15, s. 3.

Schedule 13 Revoked: O. Reg. 57/84, s. 3.

schedule 14

That parcel of land situate in the Town of Markham in The Regional Municipality of York, being that part of Lot 29 in Concession VIII shown as Part 1 on a Plan deposited in the Land Registry Office for the Registry Division of Toronto Boroughs and York South (No. 64) as Number 64R-8613.

O. Reg. 954/80, s. 2.

Schedule 15 Revoked: O. Reg. 57/84, s. 3.

Schedule 16

That parcel of land situate in the Town of Markham in The Regional Municipality of York, being that part of Lot 24 in Concession VIII more particularly described as follows:

Beginning at the northeasterly angle of the said Lot 24;

Thence southerly along the easterly limit of the said lot a distance of 544 feet, 6 inches to a point;

Thence westerly parallel to the northerly limit of the said lot a distance of 2,296 feet, 6 inches, more or less, to the easterly limit of the lands of the Canadian National Railways;

Thence northerly along the easterly limit of the lands of the Canadian National Railways a distance of 544 feet, 6 inches to a point in the northerly limit of the said lot;

Thence easterly along the northerly limit of the said lot a distance of 2,296 feet, 6 inches, more or less, to the place of beginning.

O. Reg. 1033/80, s. 2.

Schedule 17

That parcel of land situate in the Town of Markham in The Regional Municipality of York, being those parts of Lots 29 and 30 in Concession VIII shown as Part 2 on a Plan deposited in the Land Registry Office for the Registry Division of Toronto Boroughs (No. 64) as Number 64R-8613.

O. Reg. 125/81, s. 2.

Schedules 18-20 Revoked: O. Reg. 247/15, s. 3.

Schedule 21

That parcel of land situate in the Town of Markham in The Regional Municipality of York, being that part of Lot 29 in Concession VIII designated as Part 3 on a Plan deposited in the Land Registry Office for the Registry Division of York Region (No. 65) as Number 65R-3931.

O. Reg. 670/81, s. 2.

Schedule 22

Those parcels of land situate in the Town of Markham in The Regional Municipality of York, being those parts of Lots 29 and 30 in Concession VIII shown on a Plan deposited in the Land Registry Office for the Registry Division of York Region (No. 65) as Number 65R-3931 and more particularly described as follows:

1. Part 1.

2. Part 2.

O. Reg. 540/81, s. 2.

Schedule 23 Revoked: O. Reg. 247/15, s. 3.

Schedule 24 Revoked: O. Reg. 57/84, s. 3.

Schedule 25 Revoked: O. Reg. 247/15, s. 3.

Schedule 26

That parcel of land situate in the Town of Markham in The Regional Municipality of York, being that part of Lot 30 in Concession VIII designated as Part 1 on a Plan deposited in the Land Registry Office for the Registry Division of York Region (No. 65) as Number 65R-5377.

O. Reg. 770/82, s. 2.

Schedule 27 Revoked: O. Reg. 247/15, s. 3.

Schedules 28-58 Revoked: O. Reg. 961/78, s. 3.

Schedule 59

Those parcels of land situate in the Town of Markham in The Regional Municipality of York, formerly in the Township of Markham in the County of York, being composed of those parts of Lot 21 in Concession VI according to a Plan deposited in the Land Registry Office for the Registry Division of Toronto Boroughs and York South (No. 64) as Number 64R-6941 and designated as follows:

1. Parts 1 and 2.

2. Parts 3 and 4.

3. Parts 5 and 6.

4. Parts 7 and 10.

5. Parts 8 and 9.

O. Reg. 589/78, s. 2.

Schedule 60 Revoked: O. Reg. 247/15, s. 3.

Schedule 61 Revoked: O. Reg. 961/78, s. 3.

Schedule 62 Revoked: O. Reg. 57/84, s. 3.

Schedules 63, 64 Revoked: O. Reg. 961/78, s. 3.

Schedule 65 Revoked: O. Reg. 247/15, s. 3.

Schedule 66

That parcel of land situate in the Town of Markham in The Regional Municipality of York, formerly in the Township of Markham in the County of York, being composed of Lot 5 and the southerly 32 feet of Lot 6 in Block D of a Plan registered in the Land Registry Office for the Registry Division of Toronto Boroughs and York South (No. 64) as Number 19.

O. Reg. 853/78, s. 2.