O. Reg. 12/25: ZONING ORDER - CITY OF WATERLOO, REGIONAL MUNICIPALITY OF WATERLOO, Filed January 24, 2025 under Planning Act, R.S.O. 1990, c. P.13
ontario regulation 12/25
made under the
Planning Act
Made: January 23, 2025
Filed: January 24, 2025
Published on e-Laws: January 24, 2025
Published in The Ontario Gazette: February 8, 2025
Zoning Order — City of Waterloo, Regional Municipality of Waterloo
Definition
1. In this Order,
“zoning by-law” means Zoning By-Law No. 2018-050 of the City of Waterloo.
Application
2. (1) This Order applies to land in the City of Waterloo, in The Regional Municipality of Waterloo, in the Province of Ontario, being the lands outlined in red on a map numbered 376 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.
(2) For the purposes of this Order, the land described in subsection (1) is deemed to be a single lot and, despite any future severance, partition or division of those lands, the Order shall apply to all of those lands as if no severance, partition or division occurred.
Permitted uses – Residential Mixed-Use 40 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 Residential Mixed-Use 40 Zone on the map referred to in subsection 2 (1), except for the uses permitted in the Residential Mixed-Use 40 (RMU-40) zone under the zoning by-law and the following uses:
1. Freehold townhouse buildings.
2. Stacked townhouse buildings.
3. Townhouse buildings.
4. Triplex buildings.
Permitted complementary uses – Residential Mixed-Use 40 Zone
4. In addition to the complementary uses permitted in the Residential Mixed-Used 40 (RMU-40) Zone under the zoning by-law, the following complementary uses are permitted in the area shown as Residential Mixed-Use 40 Zone on the map referred to in subsection 2 (1):
1. Public markets.
2. Temporary farmer’s markets.
3. Live/work units.
Permitted ancillary uses – Residential Mixed-Use 40 Zone
5. In addition to the ancillary uses permitted in the Residential Mixed-Use 40 (RMU-40) Zone under the zoning by-law, the following ancillary uses are permitted in the area shown as Residential Mixed-Use 40 Zone on the map referred to in subsection 2 (1):
1. Alternative education centres.
2. Artist studios (class A).
3. Art galleries.
4. Bake shops.
5. Business incubators.
6. Catering establishments.
7. Commercial services.
8. Commercial schools.
9. Communication productions.
10. Educational institutions.
11. Financial services.
12. Institutions.
13. Libraries.
14. Makerspaces (class A).
15. Massage establishments.
16. Microbreweries.
17. Nanobreweries.
18. Pet services (class A).
19. Pharmaceutical dispensaries.
20. Private schools.
21. Public schools.
22. Social enterprises.
23. Specialty food stores.
24. Tech offices.
25. Training facilities.
Zoning requirements – Residential Mixed-Use 40 Zone
6. (1) The following zoning requirements apply to the area shown as Residential Mixed-Use 40 Zone on the map referred to in subsection 2 (1):
1. Millennium Boulevard is deemed to be a front lot line and a street line.
2. Country Squire Lane is deemed to be a front lot line and a street line.
3. University Avenue East is deemed to be a flankage lot line and a street line.
4. Country Squire Road is deemed to be a flankage lot line and a street line.
5. The easterly lot line is deemed to be a rear lot line.
(2) The zoning requirements of the Residential Mixed-Use 40 (RMU-40) Zone under the zoning by-law apply to the uses permitted under section 4 with the following exceptions:
1. The complementary uses and ancillary uses permitted by sections 4 and 5 are only permitted in all or part of a podium of a building that contains the following uses:
i. Mixed-used buildings.
ii. Long-term care facilities.
iii. Assisted living facilities.
2. Despite paragraph 1, public markets and temporary farmer’s markets are permitted anywhere in the area shown as Residential Mixed-Use 40 (RMU-40) Zone on the map referred to in subsection 2 (1), except within the street line setback of Millennium Boulevard, University Avenue East, Country Squire Lane and Country Squire Road.
3. The maximum street line setback requirement specified in Table 7O of the zoning by-law only applies to buildings located within 30 metres of the street line.
4. The minimum height of the first storey of a freehold townhouse building is 3 metres.
5. The minimum height of the first storey of a stacked townhouse building is 3 metres.
6. The minimum height of the first storey of a townhouse building is 3 metres.
7. The minimum height of the first storey of a triplex building is 3 metres.
8. The minimum height of the first storey of a multi-unit residential building is 3.6 metres.
9. The minimum height of the first storey of a long-term care facility is 3.6 metres.
10. The minimum height of the first storey of an assisted living facility is 3.6 metres.
11. The maximum number of storeys of a podium is six storeys.
12. The maximum height of a podium is 21 metres.
13. Sections 3.A.7.3, 3.A.7.4, 3.S.5.1.a.)ii., 7.10.5, 7.10.6.a.), 7.10.6.b.), 7.10.6.c.), 7.10.6.e.), 7.10.10.d.) and 7.10.10.e.) of the zoning by-law do not apply.
14. The building floor area of a social enterprise may be used to satisfy up to 70 per cent of the minimum amenity area requirement specified in Table 7P of the zoning by-law.
15. The minimum amenity area requirement specified in Table 7P of the zoning by-law does not apply to the following uses:
i. Freehold townhouse buildings.
ii. Stacked townhouse buildings.
iii. Townhouse buildings.
iv. Triplex buildings.
16. The minimum tower stepback provisions in Table 7P of the zoning by-law do not apply to a seven-storey or eight-storey building that is set back a minimum of 30 metres from Millennium Boulevard, University Avenue East, Country Squire Lane and Country Squire Road.
17. In addition to the uses described in section 7.10.10.a.) of the zoning by-law, the ancillary uses specified in section 5 shall be included in the uses that may comprise the minimum 25 per cent of the floor area of the first storey.
Conservation zone
7. (1) This section applies to the lands located in the area shown as Conservation (OS3) Zone on the map described in subsection 2 (1).
(2) Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in subsection (1), except for the uses permitted by section 11.3.2 of the zoning by-law, stormwater management facilities and a boardwalk.
(3) The zoning requirements of the Conservation (OS3) Zone under the zoning by-law apply to the lands described in subsection (1).
Terms of use
8. (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.
(5) Nothing in this Order prevents the use of any land or the erection, location or use of any building or structure for a public service set out in section 3.P.9 of the zoning by-law.
Deemed by-law
9. This Order is deemed for all purposes, except the purposes of section 24 of the Act, to be a by-law passed by the council of the City of Waterloo.
Commencement
10. This Regulation comes into force on the day it is filed.
Paul Calandra
Minister of Municipal Affairs and Housing
Date made: January 23, 2025