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O. Reg. 644/20: ZONING ORDER - CITY OF VAUGHAN, REGIONAL MUNICIPALITY OF YORK

filed November 6, 2020 under Planning Act, R.S.O. 1990, c. P.13

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ontario regulation 644/20

made under the

Planning Act

Made: November 6, 2020
Filed: November 6, 2020
Published on e-Laws: November 9, 2020
Printed in The Ontario Gazette: November 21, 2020

Zoning Order - City of Vaughan, Regional Municipality of York

Definitions

1. In this Order,

“attached garage accessed by a lane” means a garage that is accessed by a lane and that is attached to the main rear wall of a dwelling unit;

“parking space” means a rectangular area measuring at least 2.7 metres by 5.8 metres, exclusive of any aisles or ingress and egress lanes, used for the temporary parking of motor vehicles;

“road” means a street, private road, or lane;

“Zoning By-law” means Zoning By-Law No. 1-88 of the City of Vaughan.

Application

2. This Order applies to lands in the City of Vaughan in the Regional Municipality of York, in the Province of Ontario, being the lands outlined in red on a map numbered 249 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Permitted uses

3. (1) Every use of land and every erection, location or use of any building or structure is prohibited on the lands identified as Low-Rise Residential Zone on the map referred to in section 2, except for,

(a) single detached dwellings; and

(b) semi-detached dwellings.

(2) Every use of land and every erection, location or use of any building or structure is prohibited on the lands identified as Low-Rise Mixed-Use Zone on the map referred to in section 2, except for,

(a) apartment dwellings;

(b) dry cleaning depots;

(c) eating establishments, including convenience establishments, outdoor patios and take-out establishments;

(d) financial institutions;

(e) hotels;

(f) business or professional offices;

(g) pet grooming establishments;

(h) pharmacies;

(i) convenience retail stores;

(j) technical or commercial schools;

(k) veterinary clinics;

(l) community centres;

(m) independent living facilities;

(n) supportive living facilities; and

(o) long-term care homes.

(3) Every use of land and every erection, location or use of any building or structure is prohibited on the lands identified as Mid-Rise Residential Zone on the map referred to in section 2, except for,

(a) apartment dwellings;

(b) independent living facilities;

(c) supportive living facilities; and

(d) long-term care homes.

(4) Every use of land and every erection, location or use of any building or structure is prohibited on the lands identified as Mid-Rise Mixed-Use Zone on the map referred to in section 2, except for,

(a) apartment dwellings;

(b) art galleries;

(c) dry cleaning depots;

(d) eating establishments, including convenience establishments, outdoor patios and take-out establishments;

(e) financial institutions;

(f) health centres;

(g) hotels;

(h) business and professional offices;

(i) parking garages;

(j) pet grooming establishments;

(k) pharmacies;

(l) places of entertainment;

(m) technical or commercial schools;

(n) veterinary clinics;

(o) community centres;

(p) independent living facilities;

(q) supportive living facilities; and

(r) long-term care homes.

(5) Despite subsections (1) to (4), the following uses are permitted in all zones identified on the map referred to in section 2:

1. Model homes.

2. Temporary sales offices.

3. Public recreational facilities.

4. Recreational and public uses.

5. Day nurseries.

6. Public or private schools.

7. Personal service shops.

8. Retail stores.

9. Townhouse dwellings.

10. Multiple dwellings.

11. Accessory uses, including home occupations, private home day cares and secondary suites.

Zoning requirements

4. (1) The following zoning requirements apply with respect to natural gas pipeline easements:

1. No permanent building or structure except for a fence or noise attenuation wall shall be located within 7 metres of a natural gas pipeline easement.

2. The minimum setback from a natural gas pipeline easement for an accessory building or structure or swimming pool, above or below grade, is 3 metres.

(2) The zoning requirements for single detached dwellings are as follows:

1. The minimum lot frontage is 7.5 metres.

2. The minimum lot area is 200 square metres.

3. The minimum front yard setback is 4.5 metres.

4. The minimum rear yard setback is 7 metres.

5. The minimum interior side yard setback is 1.2 metres on one side and 0.6 metres on the other.

6. Despite paragraph 6, if the interior side yard is abutting a walkway, greenway or stormwater management pond, the minimum interior side yard setback is 3.5 metres.

7. The minimum exterior side yard setback is 3.5 metres.

8. Despite paragraphs 3 and 7, if a garage faces a front or exterior lot line, the minimum setback to the garage is 5.8 metres.

9. There is no maximum lot coverage.

10. The minimum front yard and exterior side yard landscaped area is,

i. if the lot frontage is less than 12 metres, 33 per cent, with at least half of that consisting of soft landscaping, and

ii. if the lot frontage is 12 metres or more, 50 per cent, with at least half of that consisting of soft landscaping.

11. The maximum building height is 13 metres and three storeys.

12. A minimum of two parking spaces is required per unit.

13. The minimum width of a driveway is three metres.

14. The maximum width of a private driveway is,

i. if the lot frontage is less than nine metres, four metres,

ii. if the lot frontage is at least nine but less than 12 metres, 6.5 metres, and

iii. if the lot frontage is 12 metres or greater, nine metres.

15. The maximum interior garage width is,

i. 3.5 metres if the lot frontage is 11.5 metres or less, the lot is a corner lot or the lot abuts a greenway or buffer block where the lot frontage is less than 14 metres,

ii. 6.1 metres if the lot frontage is greater than 11.5 metres but less than 18 metres, the lot is a corner lot or the lot abuts a greenway or buffer block where the lot frontage is at least 14 metres but less than 14.5 metres, and

iii. nine metres if the lot frontage is 18 metres or greater, or the lot is a corner lot or the lot abuts a greenway or buffer block where the lot frontage is 14.5 metres or greater.

(3) The zoning requirements for semi-detached dwellings are as follows:

1. The minimum lot frontage is 7.5 metres per unit.

2. The minimum lot area is 200 square metres per unit.

3. The minimum front yard setback is 4.5 metres.

4.   If a garage faces a front lot line, the minimum setback to the garage is 5.8 metres.

5. If a detached garage located in the rear yard is accessed by a lane, the minimum front yard setback is three metres.

6. The minimum rear yard setback is 7 metres.

7. Despite paragraph 6, if a detached garage located in the rear yard is accessed by a lane, the minimum rear yard setback is 15 metres to the dwelling.

8. The minimum interior side yard setback is one metre.

9. Despite paragraph 8, if the interior side yard abuts a walkway, greenway or stormwater management pond, the minimum interior side yard setback is 3.5 metres.

10. Despite paragraph 8, if a semi-detached dwelling shares a common wall with another semi-detached dwelling, there is no minimum interior side yard setback.

11. Despite paragraph 8, if a semi-detached dwelling is linked below grade to another semi-detached dwelling, the minimum interior side yard setback is 0.4 metres.

12. The minimum exterior side yard setback is three metres.

13. Despite paragraph 12, if a garage faces an exterior lot line, the minimum setback to the garage is 5.8 metres.

14. There is no maximum lot coverage.

15. The minimum front yard and exterior side yard landscaped area is,

i. if the lot frontage is less than 12 metres, 33 per cent, with at least half consisting of soft landscaping, and

ii. if the lot frontage is 12 metres or greater, 50 per cent, with at least half consisting of soft landscaping.

16. The maximum building height is 13 metres and three storeys.

17. If a detached garage is located in the rear yard and access is provided by a lane or by a private driveway located in the front yard or exterior side yard, the following requirements apply:

i. The minimum setback of the detached garage from the rear lot line is 0.6 metres.

ii. The minimum setback of the detached garage from an interior side lot line is 1.2 metres, unless,

A. the detached garage shares a common wall with another detached garage located on an abutting lot, in which case there is no minimum setback from the interior side lot line, or

B. an interior side yard abuts a walkway, greenway or stormwater management pond, in which case the minimum setback from an interior side lot line is 3.5 metres.

iii. If a lot is accessed by a lane, the minimum distance between the nearest part of the detached garage and the dwelling on the lot is 5.5 metres.

iv. If a lot is accessed by a private driveway located in the front yard or exterior side yard, the minimum distance between the nearest part of a detached garage and the dwelling on the lot is three metres.

18. A minimum of two parking spaces are required per unit.

(4) The zoning requirements for townhouse dwellings are as follows:

1. The minimum lot frontage is 4.5 metres per unit.

2. The minimum lot area is 110 square metres per unit.

3. The minimum front yard setback is three metres.

4. Despite paragraph 3, if a garage faces a front lot line, the minimum setback to the garage is 5.8 metres.

5. Despite paragraph 3, if a detached garage located in the rear yard is accessed by a lane, the minimum front yard setback is 1.5 metres.

6. The minimum rear yard setback is seven metres.

7. Despite paragraph 6, if a detached garage located in the rear yard is accessed by a lane, the minimum rear yard setback to the dwelling is 11.5 metres.

8. The minimum interior side yard setback is 1.2 metres for end units.

9. Despite paragraph 8, if the interior side yard abuts a walkway, greenway or stormwater management pond, the minimum interior side yard setback is 3.5 metres.

10. The minimum exterior side yard setback is 3.5 metres.

11. Despite paragraph 10, if a garage faces an exterior lot line, the minimum setback to the garage is 5.8 metres.

12. There is no maximum lot coverage.

13. The maximum building height is 13 metres and three storeys.

14. The maximum number of units in a townhouse dwelling is six.

15. If a detached garage is located in the rear yard and access is provided by a lane or by a private driveway located in the front yard or exterior side yard, the following requirements apply:

i. The minimum setback of the detached garage from the rear lot line is 0.6 metres.

ii. The minimum setback of the detached garage from an interior side lot line is 1.2 metres, unless,

A. the detached garage shares a common wall with another detached garage located on an abutting lot, in which case there is no minimum setback from the interior side lot line, or

B. an interior side yard abuts a walkway, greenway or stormwater management pond, in which case the minimum setback from an interior side lot line is 3.5 metres.

iii. If a lot is accessed by a lane, the minimum distance between the nearest part of the detached garage and the dwelling on the lot is 5.5 metres.

iv. If a lot is accessed by a private driveway located in the front yard or exterior side yard, the minimum distance between the nearest part of a detached garage and the dwelling on the lot is three metres.

16. A minimum of two parking spaces are required per unit.

(5) The zoning requirements for multiple dwellings are as follows:

1. The minimum lot frontage is six metres per unit.

2. The minimum lot area is 70 square metres per unit.

3. The minimum front yard setback is three metres.

4. Despite paragraph 3, if a garage faces a front lot line, the minimum setback to the garage is 5.8 metres.

5. The minimum rear yard setback is seven metres.

6. Despite paragraph 5, there is no minimum rear yard setback for a back-to-back townhouse dwelling.

7. The minimum interior side yard setback is 1.2 metres.

8. The minimum exterior side yard setback is 3.5 metres.

9. There is no maximum lot coverage.

10. The minimum landscaped area is 33 per cent if the lot frontage is at least six metres and less than 12 metres, with at least half consisting of soft landscaping.

11. The maximum building height is 13 metres and three storeys.

12. The minimum landscaped strip abutting a road is three metres.

13. A minimum of two parking spaces are required per unit.

14. Despite paragraph 13, if access to the dwellings is from a private road or common element road, a minimum of one parking space plus an additional 0.2 parking spaces per dwelling unit are required for visitor parking.

15. There is no minimum amenity area.

(6) The zoning requirements for apartment dwellings, including apartment dwellings with mixed use development, are as follows:

1. The minimum lot frontage is 30 metres.

2. The minimum unit size is 65 square metres.

3. The minimum front yard setback is one metre.

4. The minimum rear yard setback is 7.5 metres.

5. The minimum interior side yard setback is 3.5 metres.

6. The minimum exterior side yard setback is 7.5 metres.

7. The maximum building height is 18 metres and five storeys.

8. Despite paragraph 7, the maximum building height for a building abutting an arterial road is eight storeys and 30 metres and the minimum building height for such a building is six storeys.

9. Despite paragraph 7, the maximum building height for a building on at the southwest corner of Kirby Road and Weston Road is 10 storeys and 36 metres and the minimum building height for such a building is six storeys.

10. The minimum landscaped strip abutting a lot line abutting a residential use is three metres.

11. The minimum landscaped strip abutting a road is three metres.

12. The minimum amenity area requirement is eight square metres per unit for the first eight units and an additional five square metres per each additional unit.

13. The parking space requirements are as follows:

i. A minimum of one parking space is required per unit.

ii. An additional one parking space plus 0.2 parking spaces per unit are required for visitor parking.

(7) The zoning requirements for commercial uses not within a mixed-use development are as follows:

1. The minimum lot frontage is 20 metres.

2. The minimum front yard setback is 1.5 metres.

3. The minimum rear yard setback is three metres.

4. The minimum interior side yard setback is three metres.

5. The minimum exterior side yard setback is 1.5 metres.

6. The maximum lot coverage is 50 per cent.

7. The maximum building height is 13 metres.

8. The minimum building height is two storeys.

9. The minimum setback from any building or structure to a lot line abutting a residential use other than an apartment dwelling, an institutional use or an agricultural use is 12 metres.

10. The minimum landscaped strip abutting a road is 1.5 metres.

11. The minimum landscaped strip abutting a lot line abutting a residential use other than an apartment dwelling or a recreational use is three metres.

12. The maximum total floor area for personal service shops and retail stores in the Low-Rise Residential Zone and Mid-Rise Residential Zone is 185 square metres.

13. Any use referred to in paragraph 12 must be located on a corner lot abutting a collector or arterial road.

14. The maximum total floor area for business or professional offices and retail stores in the Low-Rise Mixed-Use Zone is 500 square metres.

15. The maximum total floor area for business or professional offices in the Mid-Rise Mixed-Use Zone is 7,500 square metres.

(8) The zoning requirements for public recreation facilities and recreational uses are as follows:

1. The minimum lot frontage is 12 metres.

2. The maximum lot coverage is 10 per cent.

3. The minimum parking space requirement for recreational uses is 4.5 spaces per 100 square metres of gross floor area.

(9) The zoning requirements for institutional uses are as follows:

1. The minimum lot frontage is 30 metres.

2. The minimum lot area is 1500 square metres.

3. The minimum front yard setback is three metres.

4. The minimum rear yard setback is 7.5 metres.

5. The minimum interior side yard setback is 4.5 metres.

6. The minimum exterior side yard setback is three metres.

7. The maximum building height is 22 metres.

8. The minimum landscaped strip abutting a road is three metres.

9. The minimum landscaped strip abutting a lot line abutting a residential use is three metres.

10. The minimum parking space requirements are as follows:

i. For community centres, eight parking spaces per 100 square metres of gross floor area.

ii. For day nurseries, six parking spaces per 100 square metres of gross floor area.

iii. For independent living facilities, supportive living facilities, long-term care homes, public schools and private schools, one parking space per 100 square metres of gross floor area.

Terms of use

5. (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

6. 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 Vaughan.

Commencement

7. This Regulation comes into force on the day it is filed.

Made by:

Steve Clark

Minister of Municipal Affairs and Housing

Date made: November 6, 2020