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O. Reg. 344/22: ZONING ORDER - CITY OF RICHMOND HILL, REGIONAL MUNICIPALITY OF YORK

filed April 14, 2022 under Planning Act, R.S.O. 1990, c. P.13

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ontario regulation 344/22

made under the

Planning Act

Made: April 14, 2022
Filed: April 14, 2022
Published on e-Laws: April 14, 2022
Printed in The Ontario Gazette: April 30, 2022

ZONING ORDER - CITY OF RICHMOND HILL, REGIONAL MUNICIPALITY OF YORK

Interpretation

1. In this Order,

“commercial parking lot” means one or more parking spaces on a block used for the parking or storage of vehicles where the parking spaces are rented or leased for a period of time;

“zoning by-law” means the City of Richmond Hill Zoning By-law No. 278-96.

Application

2. This Order applies to lands in the City of Richmond Hill in the Regional Municipality of York, in the Province of Ontario, being the lands identified on a map numbered 301 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Condition, municipal services

3. No person may use the lands described in section 2 or erect or use buildings or structures on those lands unless the following conditions respecting municipal services are met, if applicable:

1. New public or private streets required for the erection or use of a building or structure shall be constructed to a minimum of base curb and base asphalt or concrete and shall be connected to an existing public highway.

2. Municipal water mains and sewers, and their appurtenances, that are required for the erection or use of a building or structure shall be installed and operational before the use or erection begins.

Richmond Hill Centre (RHC) Zones

Permitted uses

4. (1) Every use of land and every erection, location or use of any building or structure is prohibited in the areas shown as the Richmond Hill Centre Zones RHC-1 to RHC-15 on the map referred to in section 2, except for the following residential uses,

(a) apartment dwellings;

(b) back-to-back, block and stacked townhouse dwellings;

(c) business use within a dwelling unit where the dwelling unit is the principal residence of the business operator; and

(d) private home day cares.

(2) Every use of land and every erection, location or use of any building or structure is prohibited in the areas shown as the Richmond Hill Centre Zones RHC-1 to RHC-15 on the map referred to in section 2, except for the following non-residential uses,

(a) artist or photographic studios;

(b) art galleries;

(c) bake shops and bakeries;

(d) business or professional offices;

(e) convenience retail stores;

(f) convention centres;

(g) commercial fitness centres;

(h) commercial parking lots;

(i) commercial schools;

(j) community centres;

(k) day nurseries;

(l) department stores;

(m) dry cleaning depots;

(n) fast food restaurants;

(o) financial institutions;

(p) food courts;

(q) health centres;

(r) hotels;

(s) libraries;

(t) major retail uses;

(u) medical offices;

(v) museums;

(w) parking garages;

(x) passenger pick-up and drop-off locations that are designated for public transit passenger pick-up and drop-off, including areas for the parking of one or more vehicles and bicycles;

(y) personal service shops;

(z) pet shops;

  (aa) places of entertainment;

  (bb) places of worship;

(cc) post-secondary school institutions;

  (dd) private clubs;

(ee) private schools;

(ff) public uses set out in section 5.18 of the zoning by-law;

(gg) public utility structures, transmission lines and related facilities;

  (hh) recreational uses;

(ii) restaurants;

(jj) retail commercial uses;

  (kk) service shops;

(ll) supermarkets;

(mm)  taverns;

  (nn) temporary sales and leasing offices, including buildings, structures, facilities or trailers, used for the purposes of the sales and leasing of residential units to be erected on the lands located in the area shown as the Richmond Hill Centre Zones RHC-1 to RHC-15 in the map referred to in section 2;

  (oo) theatres;

  (pp) the use of premises or facilities for the operation of a mass transit system or a transportation system,

(i) that is provided by, or on behalf of, the Regional Municipality of York, the City of Markham, the Province of Ontario or the Government of Canada, or

(ii) that is privately operated and federally regulated; and

  (qq) veterinary clinics.

(3) In addition to the non-residential uses set out in subsection (2), public schools are permitted within base buildings located in the areas shown as RHC-1 to RHC-4 and RHC-13 on the map referred to in section 2.

Zoning requirements

5. (1) The following zoning requirements apply to the lands located in the area shown as the Richmond Hill Centre Zones RHC-1 to RHC-15 on the map referred to in section 2:

1. Despite anything else in this Order, the maximum gross floor area across all buildings and structures shall not exceed 1,717,998 square metres of which,

i. the maximum gross floor area for the permitted residential uses shall not exceed 1,540,520 square metres, and

ii. for the permitted non-residential uses, the minimum gross floor area is 177,478 square metres of which at least 151,065 square metres shall be used for office uses.

2. The maximum gross floor area of any residential storey located above the base building height, as determined in accordance with this Order, shall not exceed 850 square metres.

3. The maximum gross floor area of any non-residential storey located above the base building height, as determined in accordance with this Order, shall not exceed 2,500 square metres.

4. Projections associated with the following structures or elements may exceed the height limits set out in this Order:

i. Guard rails, railings, bollards, balustrades, eaves, roof drainage, balcony and terrace guards, fences, skylights, railings, planters, cornices, seating areas, retaining walls, balcony and terrace dividers, decorative screens, privacy screens, wheelchair ramps and ramps to underground, safety and wind protection/mitigation features and solar panels, ornamental elements, landscape elements, structures used for outside or open air recreation including pools and associated equipment, light monitors, light fixtures, pergolas, architectural features, trellises, and awnings.

ii. Public art features, mechanical equipment, exoskeleton structures, stairs, stair towers and enclosures, enclosures of mechanical equipment and unenclosed heating equipment, elevator overruns, lightning rods, ventilation or cooling equipment such as chimneys, stacks, flues, vents, air intakes, antennas, satellite dishes, cellular arrays, window washing equipment, parapets and elements of a green roof.

5. The minimum required horizontal distance between the main walls of buildings or structures, measured from the exterior wall of the building or structure, is,

i. 11 metres, where a main wall of the base building has windows and a line projected at a right angle from one of these main walls intercepts another main wall with windows, and

ii. 25 metres, where a line projected at a right angle from a main wall of a tower intercepts another main wall of a tower.

6. Despite paragraph 5, eaves, windowsills, damper equipment to reduce building movement, architectural flues, pillars and satellite dishes, balconies, pergolas, guardrails, balustrades, railings, decorative and acoustic doors and screens, light fixtures, awnings and canopies, trellises and planters may project 2.5 metres into the minimum required distance between the main walls.

7. The minimum required setback for a tower is,

i. 1.5 metres from the face of its base building if the base building abuts a public or private street or a public park, and

ii. 12.5 metres from a lot line that is not adjacent to a public street or a public park.

8. With respect to the first floor of a base building,

i. the required minimum setback for non-residential uses abutting a public or private street or a lane is 0.3 metres,

ii. the required minimum setback for residential uses abutting a public or private street or a lane is 2.5 metres, and

iii. the required minimum setback for residential and non-residential uses abutting a  park is 4 metres.

9. A building with dwelling units shall provide a minimum of,

i. one square metre of indoor amenity space per dwelling unit, and

ii. one square metre of outdoor amenity space per dwelling unit.

10. For buildings with dwelling units, a maximum of 0.4 parking spaces are permitted per dwelling unit.

11. Parking spaces allocated for residential visitors or non-residential uses may be provided as part of a commercial parking lot in accordance with the following requirements:

i. a maximum of 0.06 parking spaces per dwelling unit for residential visitors, and

ii. a maximum of 0.5 parking spaces per 100 square metres of non-residential gross floor area in the building for non-residential visitors.

12. A building with dwelling units shall provide bicycle parking, which may be located in a horizontal bicycle parking space that is positioned above or below another bicycle parking space and equipped with a mechanical device providing floor level access to both bicycle parking spaces, and such bicycle parking shall be provided in accordance with the following requirements:

i. a minimum of 0.2 bicycle parking spaces per dwelling unit for use by visitors to the building,

ii. a minimum of 0.8 bicycle parking spaces per dwelling unit for use by the occupants or tenants of the building, and

iii. a minimum of 0.2 bicycle parking spaces per 100 square metres of non-residential uses for use by visitors, occupants and tenants of the building.

13. With respect to buildings that do not include both a base building and a tower,

i. the RM1 standards of Table A2 of the zoning by-law apply to any block townhouses located in such buildings, and

ii. the RM4 standards of Table A2 of the zoning by-law apply to multiple dwellings located in such buildings.

14. One or more of the following uses shall occupy a minimum of 60 per cent of the base building frontage in any base building that abuts Yonge Street, Beresford Drive, High Tech Road, Red Maple Road, the streets shown as Street A and Street B and the areas shown as P-1 and P-2 on the map referred to in section 2:

i. retail and service commercial uses, including artist and photographic studios, commercial fitness centres, financial institutions, personal service shops, pet shops, places of entertainment, private clubs, recreational uses, restaurants, service shops, supermarkets, taverns, veterinary clinics, and other similar uses,

ii. markets,

iii. galleries,

iv. libraries,

v. community centres, common areas and associated public art,

vi. outdoor seating,

vii. shelter structures,

viii. business offices, and

ix. medical offices.

(2) The following zoning requirements apply to the lands located in the area shown as the RHC-1 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 304,151 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 49,080 square metres.

3. The maximum height of any base building is 60 metres.

4. The maximum total building height is 272 metres.

5. The maximum number of towers is five.

(3) The following zoning requirements apply to the lands located in the area shown as RHC-2 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 110,877 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 62,922 square metres.

3. The maximum height of any base building is 60 metres.

4. The maximum total building height is 284 metres.

5. The maximum number of towers is two.

(4) The following zoning requirements apply to the lands located in the area shown as RHC-3 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 203,813 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 48,353 square metres.

3. The maximum height of any base building is 60 metres.

4. The maximum total building height is 272 metres.

5. The maximum number of towers is four.

(5) The following zoning requirements apply to the lands located in the area shown as RHC-4 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 93,275 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 5 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 196 metres.

5. The maximum number of towers is two.

(6) The following zoning requirements apply to the lands located in the area shown as RHC-5 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 66,025 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 1,936 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 137 metres.

5. The maximum number of towers is two.

(7) The following zoning requirements apply to the lands located in the area shown as RHC-6 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 39,448 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 2,125 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 137 metres.

5. The maximum number of towers is one.

(8) The following zoning requirements apply to the lands located in the area shown as RHC-7 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 77,317 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 2,456 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 137 metres.

5. The maximum number of towers is two.

(9) The following zoning requirements apply to the lands located in the area shown as RHC-8 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 75,034 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 2,265 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 137 metres.

5. The maximum number of towers is two.

(10) The following zoning requirements apply to the lands located in the area shown as RHC-9 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 71,587 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 1,782 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 137 metres.

5. The maximum number of towers is two.

(11) The following zoning requirements apply to the lands located in the area shown as RHC-10 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 108,714 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 3,828 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 196 metres.

5. The maximum number of towers is two.

(12) The following zoning requirements apply to the lands located in the area shown as RHC-11 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 166,342 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 1,040 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 196 metres.

5. The maximum number of towers is two.

(13) The following zoning requirements apply to the lands located in the area shown as RHC-12 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 44,291 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 860 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 167 metres.

5. The maximum number of towers is one.

(14) The following zoning requirements apply to the lands located in the area shown as RHC-13 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 43,946 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 434 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 167 metres.

5. The maximum number of towers is one.

(15) The following zoning requirements apply to the lands located in the area shown as  RHC-14 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 46,067 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 392 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 167 metres.

5. The maximum number of towers is one.

(16) The following zoning requirements apply to the lands located in the area shown as RHC-15 on the map referred to in section 2:

1. The maximum gross floor area for the permitted residential uses across all buildings and structures shall not exceed 89,633 square metres.

2. The minimum gross floor area for permitted non-residential uses across all buildings and structures is 0 square metres.

3. The maximum height of any base building is 25 metres.

4. The maximum total building height is 196 metres.

5. The maximum number of towers is two.

(17) In this section,

“base building” means the lower portion of a building that is comprised of both an upper tower portion and a lower base building portion;

“first floor” means the highest floor level, in geodetic elevation, at which primary pedestrian access can be gained from the street;

“height” means the vertical distance measured from the first floor elevation of such building or structure to the highest point of the building or structure;

“tower” means the upper portion of a building that is comprised of both an upper tower portion and a lower base building portion.

Parks (P) Zones and Provincial Utility Corridor (PUC) Zone

Permitted uses

6. (1) Every use of land and every erection, location or use of any building or structure is prohibited in the areas shown as the Park Zones P-1 to P-10 on the map referred to in section 2, except for,

(a) the uses permitted in Table D1 of the zoning by-law; and

(b) parking, grade structures, civil infrastructure, transportation infrastructure and stormwater management infrastructure below public parks.

(2) Every use of land and every erection, location or use of any building or structure is prohibited in the area shown as the Provincial Utility Corridor (PUC) Zone on the map referred to in section 2, except for the uses, other than public utility structures and transmission lines, permitted in Table F1 of the zoning by-law.

Zoning Requirements

7. In the areas shown as the Park (P) Zones P-1 to P-10 and the Provincial Utility Corridor (PUC) Zone on the map referred to in section 2, the maximum area of land for public park uses is 44, 414 square metres.

Utility Corridor (UC) Zone

Permitted uses

8. Every use of land and every erection, location or use of any building or structure is prohibited in the area shown as the Utility Corridor (UC) Zone on the map referred to in section 2, except for the uses permitted in Table F1 of the zoning by-law.

General

Inclusionary zoning

9. Despite any provisions of any applicable municipal zoning by-law, there is no minimum requirement for affordable rental or ownership housing units on the lands described in section 2.

Non-application of s. 41 of the Act

10. Section 41 of the Act does not apply to the lands described in section 2 of this Order.

Matters that may be dealt with in agreement

11. 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 Richmond Hill dealing with the matters listed in subsection 47 (4.4) of the Act.

Terms of use

12. (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 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 or its original use altered.

(4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure.

Commencement

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

Made by:

Steve Clark

Minister of Municipal Affairs and Housing

Date made: April 14, 2022