ontario regulation 205/25

made under the

Planning Act

Made: August 29, 2025
Filed: August 29, 2025
Published on e-Laws: September 2, 2025
Published in The Ontario Gazette: September 13, 2025

ZONING ORDER — CITY OF MARKHAM, REGION OF YORK

Definition

1. In this Order,

“accessory use” means a use, building or structure that is normally incidental or subordinate to a principal use, building or structure located on the same lot, including,

(a)  a business office,

(b)  a commercial school,

(c)  a financial institution,

(d)  a medical office,

(e)  a personal service establishment,

(f)  a place of worship,

(g)  a restaurant,

(h)  a retail store, or

(i)  a community centre;

“seniors’ residence” means a premises, other than a long term care home or retirement home, that provides accommodation primarily to seniors and,

(a)  that comprises of either or both,

(i)  private rooms that each have at least one separate private bathroom, and

(ii)  living units that each have cooking facilities and at least one separate private bathroom,

(b)  where each private room or living unit, as the case may be, has a separate entrance from a common hall, and

(c)  that has common facilities for the preparation and consumption of food, common lounges and recreation rooms;

“zoning by-law” means Zoning By-law 2024-19 of the City of Markham, as amended.

Application

2. (1) This Order applies to lands in the City of Markham in the Region of York, in the Province of Ontario, being the lands outlined in red on a map numbered 378 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 lands described in subsection (1) shall be considered to be a single lot.

Permitted uses

3. Every use of land and every erection, location or use of any building or structure is prohibited on the lands identified as Mixed-Use High Rise One (MU-HR1) Zone on the map referred to in subsection 2 (1), except for,

(a)  a seniors’ residence;

(b)  shared housing — large scale;

(c)  shared housing — supervised care home; and

(d)  accessory uses.

Zoning requirements

4. (1) The zoning requirements set out for the Mixed-Use High Rise One (MU-HR1) Zone in section 7.2.4.2 of the zoning by-law apply to the permitted uses set out in section 3 with the following additions and exceptions:

1.  The minimum setback to any lot line is 2.0 metres.

2.  The minimum distance between buildings is 11 metres.

3.  The minimum distance between point towers is not applicable.

4.  The minimum height is not applicable.

5.  The minimum number of storeys for a podium is not applicable.

6.  The minimum common amenity area is not applicable.

7.  The minimum amenity area required as common outdoor amenity area is not applicable.

8.  The minimum amenity area required as common indoor amenity area is not applicable.

9.  The minimum landscaping strip is not applicable.

10.  The minimum landscaped open space is 10 per cent.

11.  The minimum gross floor area devoted to non-residential uses is not applicable.

12.  The maximum floor space index (FSI) is 5.75.

13.  The maximum number of storeys is exclusive of enclosed accessory rooftop recreational uses.

14.  The gross floor area excludes service and common areas throughout the buildings, including floor areas within the basement, mechanical penthouse and enclosed rooftop recreational uses.

(2) Section 4.8.1 of the zoning by-law is not applicable to the permitted uses set out in section 3.

(3) The requirements with respect to parking set out in the zoning by-law apply to the permitted uses set out in section 3 with the following additions and exceptions:

1.  For a long term care home and accessory uses, 0.33 spaces shall be provided per bed.

2.  For a retirement home and accessory uses, 0.4 spaces plus 0.15 spaces for visitors shall be provided per unit.

3.  For a seniors’ residence, together with accessory uses, 0.4 spaces plus 0.15 spaces for visitors shall be provided per private room or living unit, as the case may be.

4.  Bicycle parking shall be provided at 0.15 space per unit or bed, as the case may be, and is not applicable to a long term care home use.

Conditions

5. (1) The following conditions are imposed for the purposes of subsection 47 (1.0.1) of the Act:

1.  A water and wastewater servicing strategy has been prepared by the proponent or landowner for the lands shown on the map referred to in subsection 2 (1).

2.  Archaeological assessments for the lands shown on the map referred to in subsection 2 (1) have been undertaken and entered into the Ontario Public Register of Archaeological Reports.

(2) In making a determination as to whether a condition has been or will be fulfilled, the Minister may rely on information from the following entities:

1.  The Regional Municipality of York.

2.  The City of Markham.

3.  The Ministry of Citizenship and Multiculturalism.

4.  The Ministry of Environment, Conservation and Parks.

(3) The application of this Order is subject to subsections 47 (1.0.1) to (1.0.4) of the Act.

Terms of use

6. (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.

Deemed by-law

7. 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 Markham.

Commencement

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

Made by:

Rob Flack

Minister of Municipal Affairs and Housing

Date made: August 29, 2025