O. Reg. 599/21: ZONING ORDER - CITY OF MARKHAM, REGIONAL MUNICIPALITY OF YORK
filed August 27, 2021 under Planning Act, R.S.O. 1990, c. P.13Skip to content
ontario regulation 599/21
made under the
Made: August 27, 2021
Filed: August 27, 2021
Published on e-Laws: August 27, 2021
Printed in The Ontario Gazette: September 11, 2021
ZONING ORDER - CITY OF MARKHAM, REGIONAL MUNICIPALITY OF YORK
1. In this Order,
“commercial use” means a use, building or structure that primarily serves the employment use and production studio, including,
(a) an art gallery,
(b) a child care centre,
(c) a commercial fitness centre,
(d) a nightclub,
(e) a personal service shop,
(f) a place of amusement,
(g) a place of entertainment,
(h) a recreation establishment,
(i) a retail store,
(j) a restaurant,
(k) a take-out restaurant, and
(l) a theatre;
“employment use” means an industrial use, a business office, a medical office, a trade and convention centre or a production studio;
“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;
“production studio” means the use of land, buildings or structures where live broadcasts, motion pictures or audio or video recordings or transmissions are filmed, produced or edited and includes other accessory uses;
“Zoning By-law” means Zoning By-law 177-96 of the City of Markham.
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 the map numbered 270 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;
(b) all uses permitted in the Greenway Zone under the Zoning By-law;
(c) commercial uses;
(d) a hotel;
(e) a private park; and
(f) a production studio.
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. The minimum required yard setback to a street is three metres.
2. There is no maximum depth of parking area in front yard.
3. There is no minimum depth of parking area in exterior side yard.
4. There is no minimum required yard setback to any other lot line.
5. The minimum required width of landscaping adjacent to the front lot line is 1.5 metres.
6. Underground parking garages must be located a minimum of 0.6 metres from any lot line.
7. Despite anything else in this section, a minimum seven-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.
8. All commercial use buildings or structures must be located a minimum of three metres from the edge of the TransCanada PipeLines Limited right of way.
9. The maximum floor space index is 1.5 measured over the entirety of the area shown as Business Park Zone on the map referred to in section 2.
10. Commercial uses shall not exceed 15 per cent of the gross floor area of all employment and hotel uses.
11. 90 per cent of the combined floor area of all commercial uses shall be located within multi-storey buildings.
12. All hotel and commercial uses must be located within 400 metres of Woodbine Avenue.
13. The minimum required step back for accessory parking garages integrated within a building to any other portion of a building is three metres.
14. The maximum height of buildings located 400 or fewer metres from the centre line of Woodbine Avenue is 20 storeys.
15. The maximum height of buildings located farther than 400 metres from the centre line of Woodbine Avenue is six storeys.
16. The maximum height for a podium is six storeys.
17. The minimum step back of a point tower from a podium is 1.8 metres.
18. A minimum parking rate of 1.5 parking spaces for each 100 square metres of gross floor area applies to production studios.
19. 10 percent of the required parking spaces must be electric vehicle charging station parking spaces.
20. For all uses permitted under section 3, the minimum number of bicycle parking spaces required shall be one space per 670 square metres of gross floor area.
21. Despite paragraph 20, hotel uses are not required to provide bicycle parking.
22. Warehouse uses are not permitted unless they are accessory to a permitted employment use.
23. Warehouse uses are limited to 50 per cent of the gross floor area of all permitted employment uses in the Business Park Zone.
24. Any individual industrial uses shall have a minimum gross floor area of 450 square metres.
25. Outdoor storage is not permitted.
5. (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.
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 Markham.
7. This Regulation comes into force on the day it is filed.
Minister of Municipal Affairs and Housing
Date made: August 27, 2021