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O. Reg. 332/22: ZONING ORDER - CITY OF TORONTO

filed April 8, 2022 under Planning Act, R.S.O. 1990, c. P.13

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ontario regulation 332/22

made under the

Planning Act

Made: April 8, 2022
Filed: April 8, 2022
Published on e-Laws: April 8, 2022
Printed in The Ontario Gazette: April 23, 2022

ZONING ORDER - CITY OF TORONTO

Definitions

1. In this Order,

“established grade” means the Canadian Geodetic Datum elevation of 86.81 metres;

“height” means the vertical distance between established grade and the highest point of a building or structure being measured;

“Zoning By-law” means Zoning By-law 569-2013 of the City of Toronto.

Application

2. (1) This Order applies to lands in the City of Toronto, in the Province of Ontario, being the lands described as part of Lot 6 Section M, on Registered Plan Military Reserved, Toronto, as identified by Property Identification Number 21240-0309 (LT) registered in the Land Registry Office for the Land Titles Division of Toronto (No. 80).

(2) Despite any existing or future severance, partition or division of the lot, this Order applies to the whole of the lot as if no severance, partition or division had occurred.

Non-application of s. 114 of the City of Toronto Act, 2006, site plan control area

3. Section 114 of the City of Toronto Act, 2006 does not apply to the lands described in section 2 of this Order.

Matters that may be dealt with in agreement

4. Each person who owns all or any part of the lands described in section 2 shall enter into one or more agreements with the City of Toronto dealing with the matters listed in subsection 47 (4.4) of the Act.

Permitted uses

5. Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in section 2, except for,

(a) the uses permitted under Article 50.10.20 of the Zoning By-law, except for,

(i) furniture manufacturing uses,

(ii) industrial sales and service uses,

(iii) metal products manufacturing uses, and

(iv) self-storage warehouse uses; and

(b) home occupation.

Zoning requirements

6. (1) The zoning requirements for the lands described in section 2 are as follows:

1. Section 50.10.20.100 of the Zoning By-law does not apply to transportation uses.

2. In addition to the reductions that apply under section 50.5.40.40 of the Zoning By-law, the gross floor area of a mixed-use building is also reduced by the area in the building used for amenity space, mezzanine levels, atrium areas, mechanical penthouses, inset balconies and passenger terminal or transportation uses below the finished ground surface.

3. The maximum gross floor area on the lands described in section 2 must not exceed a total gross floor area of 24,658 square metres.

4. The first floor of any building or structure must be used only for non-residential uses or ancillary residential uses, including a residential lobby entrance, bicycle parking, waste facilities and mail rooms.

5. A minimum of 25 per cent of the total number of dwelling units in a building must contain two or more bedrooms.

6. A minimum of 10 per cent of the total number of dwelling units in a building shall contain three or more bedrooms.

7. There is no minimum building setback or minimum building separation requirement for any portion of a building or structure below the finished ground surface.

8. There is no minimum building setback from all lot lines.

9. Above a height of 17.6 metres, the minimum building setbacks are as follows:

i. There is a minimum building setback of 2.9 metres from the south lot line.

ii. There is a minimum building setback of three metres from the west lot line.

iii. There is a minimum building setback of three metres from the north lot line.

iv. Despite subparagraph iii, within 14.8 metres of the west lot line, there is a minimum building set back of 20.9 metres from the north lot line.

10. At or above a height of 22.1 metres within 35 metres of the south lot line, a minimum building setback of five metres is required from the east lot line.

11. At or above a height of 58.7 metres, the minimum building setbacks are as follows:

i. There is a minimum building set back of 20.9 metres from the north lot line.

ii. There is a minimum building set back of seven metres from the east lot line.

12. The maximum height of any portion of a building or structure is 82.9 metres.

13. The maximum gross floor area of any floor of a building or structure above a height of 58.7 metres is 750 square metres.

14. Projections associated with the following structures may encroach into the minimum building setbacks, minimum building separation distances and project beyond the maximum building heights set out in paragraphs 8 to 12:

i. Structures used in connection with green roofs.

ii. Parapets, railings and dividers.

iii. Access hatches.

iv. Roof assemblies.

v. Vents, chimneys, stacks and flues.

vi. Balconies.

vii. Light fixtures.

viii. Guardrails.

ix. Decks.

x. Pavers.

xi. Telecommunication equipment.

xii. Exit stairs.

xiii. Stair enclosures.

xiv. Wheelchair ramps.

xv. Retaining walls.

xvi. Landscape and art features.

xvii. Planters.

xviii. Elements related to drainage.

xix. Structures and elements associated with green energy and renewable energy facilities.

xx. Mechanical penthouses.

xxi. Elevators, elevator vestibules and related enclosures.

xxii. Structures for outdoor amenity space or open-air recreation.

xxiii. Supporting columns and structures.

xxiv. Structures for safety.

xxv. Window washing equipment.

xxvi. Wind screens.

xxvii. Eaves and sills.

xxviii. Screens.

xxix. Ornamental and architectural structures.

xxx. Underground garage ramps.

xxxi. Stairs, covered stairs and stair enclosures associated with an entrance to or exit from an underground parking garage.

xxxii. Awnings.

xxxiii. Canopies.

xxxiv. Cornices.

xxxv. Any existing building main walls, including any existing main walls which may be removed and erected.

15. No parking spaces are required.

16. A minimum of one Type “G” loading space is required.

17. A driveway may be so laid out such that a vehicle accessing a loading space may exit the lot while reversing out onto a street or a lane.

18. Subsections 220.5.20 (1) and (3) of the Zoning By-law do not apply with respect to access to a loading space.

19. Long-term bicycle parking spaces within a building may be located above or below established grade.

20. The minimum width of a bicycle parking space is 0.4 metres.

21. Long-term bicycle parking spaces and short-term bicycle parking spaces may be located within a stacked bicycle parking space.

22. Short-term bicycle parking spaces may be located anywhere on the lot relative to a building entrance.

23. Section 50.10.40.1 of the Zoning By-law does not apply with respect to the elevation of the first storey.

24. Section 50.10.40.30 of the Zoning By-law does not apply with respect to maximum building depth.

25. Section 600.20 of the Zoning By-law does not apply with respect to priority retail streets.

26. Sections 50.5.40.10 and 50.10.40.10 of the Zoning By-law do not apply with respect to height.

27. Sections 50.5.40.60 and 50.10.40.60 of the Zoning By-law do not apply with respect to encroachments.

28. Sections 5.10.40.70, 50.10.40.70, 50.10.40.80 and 600.10 of the Zoning By-law do not apply with respect to setbacks and separation.

29. Section 220.5.10 of the Zoning By-law does not apply with respect to loading spaces.

(2) The portion of a building or structure to be occupied by a transportation use or a passenger terminal on the grounds described in section 2 is not subject to the Zoning By-law or this Order, except for paragraph 3 of subsection (1).

Other by-law

7. None of the provisions of By-law 438-86, as amended, for the former City of Toronto apply to the lands described in section 2.

Inclusionary Zoning

8. Article 600.30 of the Zoning By-law does not apply to the lands described in section 2.

Terms of use

9. (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

10. 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 Toronto.

Commencement

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

Made by:

Steve Clark

Minister of Municipal Affairs and Housing

Date made: April 8, 2022