As approved by the Ontario Municipal Board on June 29, 1994.
Note: Type identified with an "**" in Sections 7(I)1 and 7(I)2 represents text/section which has been deferred.
No. 1994-0806. A BY-LAW
To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the Railway Lands - Central.
WHEREAS the Ontario Municipal Board pursuant to its Order No. 1994-6, Folio No. 189, dated October 28, 1994, upon hearing the appeals of various parties under Section 34(11) and Section 34(19) of the Planning Act, R.S.O. 1990, c.P.13, deems it advisable to amend By-law No. 612-85, as amended, of the City of Toronto by superseding By-law No. 612-85 as it applies to the Railway Lands Central and replacing it with respect to the Railway Lands Central by the provisions of this by-law;
THEREFORE pursuant to Section 34(11) and Section 34(26) of The Planning Act, the Ontario Municipal Board determines as follows:
This by-law may be cited as the "Railway Lands - Central Zoning By-law".
In this by-law, unless a contrary intention appears:
"accessory"
where used to describe a use, building or structure, means
that the use, building or structure is:
(a) naturally and normally incidental, subordinate in purpose
or floor area, or both, and exclusively devoted to a
principal use, building or structure; and
(b) except as permitted by Section 4(5), located on the same
lot as the principal use, building or structure;
"alternative housing"
means dwelling units or dwelling rooms which are operated by
a government agency, a charitable institution, or a non-profit
institution as social housing for the residential
accommodation of persons who by reason of their financial,
emotional, mental, social or physical condition or legal
status have and require ongoing support services of a
counselling or medical nature associated with their
residential accommodation; and provided, that where any use is
defined within this by-law so as to not include a use
otherwise classified or defined, alternative housing shall be
deemed to not be a use otherwise classified or defined;
"animal hospital"
includes the premises of a veterinary surgeon where animals,
birds or other livestock are treated or kept;
"apartment building"
means a building other than an apartment-hotel, originally
constructed so as to provide therein three or more dwelling
units but does not include a building coming within the
definition of tourist establishment as defined in the Tourism
Act, R.S.O. 1990, c.T.16, as amended, or as it may be amended
from time to time;
"artist live/work studio"
means a suite consisting of a combination of a studio area
used for the production of art and a living area containing
not more than one habitable room; which the owner of the lot
agrees with The Corporation pursuant to Section 2 of The City
of Toronto Act, 1988 (No. 2), as amended from time to time, to
provide for the purpose of a social housing program;
"artist's or photographer's studio"
includes a studio used for purposes such as photography,
painting, art, needlework, tapestry making, pottery making,
handweaving or sculpting, and includes an area for displaying
or selling goods provided that such area is accessory to the
production process;
"automobile service and repair shop"
means a shop, not otherwise classified or defined in this by-
law, for installing, servicing or repairing mufflers,
transmissions, tires, including vulcanizing or retreading,
batteries, brakes or radiators, automotive ignition or
electric systems and includes the rebuilding or remanufacture
of automotive engines, transmissions or drives, but does not
include an automobile service station or a motor vehicle
repair shop, class A or B;
"automobile service station"
means a building or place equipped with one or more service
areas where motor vehicles are oiled, greased or washed and
where minor or running repairs essential to the actual
operation of motor vehicles are executed or performed and
which may include the storing or keeping for sale of
automotive fuels, oil, grease, anti-freeze, tires, tubes, tire
accessories, electric light bulbs, spark-plugs and batteries,
and for greater certainty does not include a gas bar;
"bachelor dwelling unit"
means a "dwelling unit" which contains only one habitable
room;
"bake-shop"
means a shop where products of a bakery are sold or offered
for sale by retail, including incidental baking;
"bedroom"
means a habitable room larger than 7 square metres, but does
not include a living room, dining room or kitchen;
"bicycle parking space"
means a bicycle parking space - occupant or a bicycle parking
space - visitor;
"bicycle parking space - occupant"
means an area that is equipped with a bicycle rack or locker
for the purpose of parking and securing bicycles, and:
(i) where the bicycles are to be parked on a horizontal
surface, has horizontal dimensions of at least 0.6 metres
by 1.8 metres and a vertical dimension of at least 1.9
metres;
(ii) where the bicycles are to be parked in a vertical
position, has horizontal dimensions of at least 0.6
metres by 1.2 metres and a vertical dimension of at least
1.9 metres; and
(iii) in the case of a bicycle rack, is located in a
secured room or area;
"bicycle parking space - visitor"
means an area that is equipped with a bicycle rack for the
purpose of parking and securing bicycles, and:
(i) where the bicycles are to be parked on a horizontal
surface, has horizontal dimensions of at least 0.6 metres
by 1.8 metres and a vertical dimension of at least 1.9
metres;
(ii) where the bicycles are to be parked in a vertical
position, has horizontal dimensions of at least 0.6
metres by 1.2 metres and a vertical dimension of at least
1.9 metres; and
(iii) may be located outdoors or indoors but not within a
secured room, enclosure or bicycle locker;
"block 18AB", "block 18C", "block 19", "block 19A", "block
20A", block 20B", "block 21A", block 21B", "block 22", "block
23A", block 23B" and "block 28"
mean those lands respectively designated and shown as BLOCK
18AB, BLOCK 18C, BLOCK 19, BLOCK 19A, BLOCK 20A, BLOCK 20B,
BLOCK 21A, BLOCK 21B, BLOCK 22, BLOCK 23A, BLOCK 23B and BLOCK
28 on Map 2, appended hereto;
"branch of a bank or financial institution"
includes commercial banks, credit unions, finance or trust
companies that deal directly with the public on the premises
but does not include an office building;
"brew-on-premises establishment"
means a building or a portion of a building used for the
fermentation, chilling, filtering, carbonation and bottling of
beverages by or on behalf of retail clients, provided the
total floor area does not exceed 300 square metres;
"car washing establishment"
means a public garage for washing or cleaning motor vehicles;
"carpenter's shop"
includes a building where light power machinery may be used
for repairing furniture or other individual custom wood work
but does not include any shop where there is carried on any
factory production of furniture, fixtures, sash, doors,
flooring or other articles;
"caterer's shop"
means a building or portion of a building used primarily for
the cooking, preparation and sale of meals and food directly
to the public for consumption off the premises in which no
seating for customers is provided and which may include
portions of a building used for incidental retail sales;
"ceramics factory"
means a factory for bonding and firing bricks, tile,
earthenware, glassware, abrasive products or other fabrication
of the non-metallic minerals but does not include the
manufacture of cement blocks, bricks, beams or pipes, nor of
artificial abrasive, whether a by-product or not, nor any clay
pit or other mining use;
"charitable institution"
means an institution to which the Charitable Institutions Act,
R.S.O. 1990, c.C.9, applies but does not include a residential
care facility or a crisis care facility;
"clinic"
means a public or private medical, surgical, physiotherapeutic
or other human health clinic, regularly staffed by two or
more practising physicians, surgeons, dentists or other
qualified medical practitioners or by two or more licensed
chiropractors or osteopaths, but shall not include a clinic
that is accessory to a private or public hospital;
"club"
means the premises of an association of persons which supports
and sponsors activities for and on behalf of its members,
whether for athletic, social, cultural or recreational
purposes;
"cold storage locker plant"
means a building or part of a building in which space in
individual lockers is rented or otherwise made available for
the storage of frozen food;
"commercial bakery"
means the whole of a building having a non-residential gross
floor area not in excess of 250 square metres used exclusively
for the production of any bakery product of which flour or
meal is the principal ingredient and may be combined with one
or more of the following uses: retail or wholesale sales of
such products, incidental retail sales, a restaurant/licensed
facility a take-out restaurant, a caterer's shop, provided no
other uses or combination of uses are permitted;
"commercial school"
means a school conducted for hire or gain, other than a
private academic, religious or philanthropic school, and
includes the studio of a dancing teacher or music teacher,
an art school, golf school, school of calisthenics, business
school, craft school or other such specialized school
conducted for hire or gain;
"common outdoor space"
means an unenclosed, paved, sodded or landscaped exterior area
or areas on a lot which provides amenities for the benefit and
enjoyment of pedestrians and which:
(i) adjoins and is directly accessible from street, other
than a lane;
(ii) contains, but is not limited to, at least two of the
following elements:
landscaping such as grass, shrubs, trees and flowers;
refuse receptacles/recycling bins; outdoor seating;
(iii) is located within 2 metres of grade and is
accessible by a ramp not exceeding a gradient of 1
in 12, or by stairs and a ramp not exceeding a
gradient of 1 in 12;
(iv) is not narrower than 2.5 metres; and
(v) is not for the purpose of a driveway, vehicular ramp,
loading or servicing area, outdoor storage, motor vehicle
parking, restaurant/licensed facility patio, vent or
stairs;
"communications and broadcasting establishment"
means a lot, buildings or structure for: radio or television
broadcasting; cable television operations; motion picture
film, audio or video production, leasing and distribution;
location filming management;
"community centre"
means a building or part of a building used for community
activities including, but not so as to restrict the
generality of the foregoing, arts, crafts, physical, social,
charitable and educational activities, and not used for any
commercial purpose;
"concert hall"
means a theatre where live entertainment is performed and
which has a stage and fixed seating within which the audience
is seated throughout the performance. Such entertainment may
include, but is not limited to, dance performances, music
performances, dramatic performances, variety shows, and
lectures, but does not include a public dance floor or an
entertainment facility;
"contractor's shop, class A"
means a wholly enclosed building of any building trade or
other contractor where plant, equipment and material are
stored or where such contractor performs shop or assembly
work but does not include a contractor's shop, class B or a
contractor's yard or any bulk storage of loose materials such
as sand, gravel or concrete;
"contractor's yard"
means the yard of any building trade or other contractor where
plant, equipment and materials are stored including heavy
machinery such as cranes, ploughs, tractors, pile drivers,
roadmaking, wrecker's or steel erector's equipment and
building and construction material, but does not include any
bulk storage of loose materials such as sand, gravel or
concrete;
"Corporation"
means the Corporation of the City of Toronto;
"courier service"
means the premises of a courier, mail or parcel delivery
service, but does not include a cartage, express or truck
transport yard or terminal;
"crisis care facility"
means a temporary residence for persons requiring immediate
shelter and assistance for a short period, and:
(i) such facility is supervised, or the members of the group
are referred, by a hospital, court or government agency;
or
(ii) such facility is funded wholly or in part by any
government, other than funding provided solely for
capital purposes; or
(iii) such facility is regulated or supervised under any
general or special Act;
but does not include any use otherwise classified or defined
in this by-law;
"custom workshop"
means a building or part of a building where there is carried
on individual custom production of drapes and slip covers,
venetian blinds, handmade leather goods, millinery, glass
blowing, orthopaedic and prosthetic appliances, drug and
medical prescriptions, weaving, awnings, metal plating, gold
and silver engraving, taxidermy activities or an
upholsterer's shop and other non-offensive custom production
of any article or thing but does not include any factory
production or any shop or factory otherwise classified or
defined in this by-law;
"data processing establishment"
means a computer service firm engaged primarily in the use of
computers to process data, and not primarily in the design or
marketing of computer programmes;
"day nursery"
means a premises that receives, children who are not of common
parentage, primarily for the purpose of providing temporary
care, or guidance, or both temporary care and guidance, for a
continuous period not exceeding twenty-four hours, where the
children are:
(i) under eighteen years of age in the case of a day nursery
for children with a developmental handicap; and
(ii) under 13 years of age in all other cases;
but does not include:
(iii) part of a public school, separate school, private
school or a school for trainable retarded children
under the Education Act, R.S.O. 1990, c.E.2, as
amended, re-enacted or replaced from time to time;
(iv) a place that is used for a program of recreation and that
is supervised by a municipal recreation director; or
(v) that part of a private residence used for private home
daycare;
"designer's studio"
means a building or a portion of a building used for any of
the following design uses: fashion design, interior decoration
design, graphic art design, industrial design, architectural
or landscape design;
"dry cleaner's distributing station"
means a building or part of a building used for the purpose of
receiving articles or goods of fabric to be subjected to the
process of dry-cleaning, dry-dyeing or cleaning elsewhere and
for the pressing and distribution of any such articles or
goods which have been subjected to any such process;
"dry-cleaning shop"
means a building or part of a building where the business of
dry-cleaning, cleaning and pressing articles or goods of
fabrics is carried on, on the ground floor by means of dry-
cleaning machines or units and incidental equipment, the total
capacity of all of which machines or units does not exceed 55
kilograms, dry weight;
(i) in which only non-inflammable solvents are or can be
used; and
(ii) which emit no odour or fumes, noise or vibration causing
nuisance or inconvenience within or without the premises;
"duplicating shop"
includes the business of producing letters, plans, pictures
and documents by photostatting, blueprinting, or other similar
method;
"dwelling room"
means a room used or designed for human habitation and may
include either but not both culinary or sanitary conveniences,
but does not include:
(i) a room in a hotel or in a dwelling unit;
(ii) a bathroom or kitchen; or
(iii) a windowless storage room that has a floor area of
less than 10 square metres;
"dwelling unit"
means living accommodation comprising a single housekeeping
unit, designed or intended for use by one person or by persons
living together as a family, and consisting of a room or suite
of two or more rooms in which both culinary and sanitary
facilities are provided for the exclusive use of such person
or persons;
"elevation"
means elevation based on Geodetic Survey of Canada 1929 mean
sea level vertical datum (1978 Southern Ontario Adjustment);
"entertainment facility"
means an establishment engaged in providing entertainment to
the public which may be in conjunction with the service and
sale of food and beverages and includes, but is not limited
to, a dance hall or floor, discotheque, dinner theatre, supper
club, night club, cabaret, or an entertainment lounge, but
does not include an adult entertainment parlour or concert
hall;
"frontage"
means a lot line or part thereof which is also the limit of a
street allowance more than 6 metres in width or is also the
limit of a public park;
"fur goods factory"
means a factory for the manufacture or processing of fur
coats, stoles, mitts or other fur products, or hair, felt or
other such product but does not include a tannery, whether
complementary or not;
"garment factory"
means a building or part of a building for manufacture of
garments or other clothing including knitted goods and other
articles usually manufactured by the needle trades such as
gloves, mittens, hats, caps, belts, regalia and society
emblems, theatrical costumes, and other items of apparel not
elsewhere defined or classified in this by-law;
"grade"
means the average elevation of the sidewalk(s) or, where
there is no sidewalk, of the roadway(s) in front of the lot on
which the building is or is to be erected;
"habitable room"
means a room used or designed for use for human habitation but
does not include a kitchen having a floor area of less than
9.5 square metres, a sunroom, a bathroom or a toilet room;
"height"
means the vertical distance between grade and, in the case of
a pitched roof building, the mean height level between the
eaves and any ridge of such roof and, in the case of any other
kind of roof, the highest point of such roof, and where there
is no roof, the highest point of the structure;
"home for the aged"
means an institution to which the Homes for the Aged Act,
R.S.O. 1990, c.H.13, applies;
"hostel"
means a building or part of a building that contains dwelling
accommodation consisting of rooms without culinary
facilities, but does not include a rooming house or a crisis
care facility;
"hotel"
means a building or part of a building containing a hotel
within the meaning of the Hotel Registration of Guests Act,
R.S.O. 1990, c.H.17, but does not include a hostel, a rooming
house or a tourist or guest home;
"industrial computer service"
includes a computer pattern-grading marker making service
bureau or any similar computer services engaged in providing
computer facilities on a rental or time-sharing basis to
industrial uses, but does not include any computer service
which is not directly related to an industrial production
process;
"laboratory, class A"
means a laboratory, the operation or conduct of which is not
offensive;
"laundry shop"
means a building or part of a building in which the business
of a laundry is carried on, on the ground floor by means of
one or more washers, where each machine does not exceed 50
kilograms dry weight, and drying, ironing, finishing and
incidental equipment provided:
(i) only water and detergents are used;
(ii) no odour, fumes, noise or vibration are emitted causing
nuisance or inconvenience within or without the
premises;
(iii) the total non-residential gross floor area of all
such uses does not exceed 250 square metres; and
(iv) such use may include a dry cleaning shop, a dry cleaner's
distributing station, and a self-service laundry;
"live-work unit"
means a dwelling unit that is also used for work purposes,
provided only the resident or residents of such accommodation
work in the dwelling unit;
"loading space - type A"
means a loading space with a length of at least 17.0 metres,
a width of at least 3.5 metres and a vertical clearance of at
least 4.3 metres;
"loading space - type B"
means a loading space with a length of at least 11.0 metres,
a width of at least 3.5 metres and a vertical clearance of at
least 4.0 metres;
"loading space - type C"
means a loading space with a length of at least 6.0 metres, a
width of at least 3.5 metres and a vertical clearance of at
least 3.0 metres, and:
(i) is located at grade and situated so that it serves an
entrance to the building erected or to be erected on the
lot and is readily accessible via a driveway or laneway
with a minimum vertical clearance of 3.0 metres
connecting with a street abutting the lot on which the
building or structure is located; or
(ii) is located in the basement of such building on the first
level below grade and situated so that it serves an
elevator or similar lifting device serving the building
and is readily accessible via a ramp, driveway or laneway
with a minimum vertical clearance of 3.0 metres
connecting with a street abutting the lot on which the
building or structure is located;
"loading space - type G"
means a loading space - type A or loading space - type B
except:
(i) in the case of a loading space - type B the overall
length of the space is at least 13.0 metres;
(ii) in either case, the loading space has a vertical
clearance of at least 6.1 metres over at least the first
8.0 metres of the loading space measured from the end of
the loading space opposite the entrance to it, and a
vertical clearance of at least 4.3 metres over the
balance of the loading space;
(iii) the floor of at least the first 2.0 metres of the
loading space measured from the end of the loading
space, opposite the entrance to it, is constructed
of concrete and has a slope not exceeding 2 per
centum (1 cm in 50 cm); and
(iv) where a loading space - type G is vertically enclosed by
a wall or fence on both sides, the minimum width shall be
at least 4.0 metres;
"lot"
means a parcel of land except where two or more buildings or
structures, exclusive of any accessory building or structure,
are or are to be erected on a parcel of land, in which case
each such building or structure, whether erected or to be
erected simultaneously or at intervals, shall be assigned a
defined part of the parcel at the time of application to the
Commissioner of Buildings and Inspections for approval of the
plans of the building or structure and each such part shall be
deemed to be a lot; and where two or more buildings or
structures have a common basement, whether or not they are
also connected above the natural level of the ground, such
buildings or structures shall be deemed to be one building;
"lot line" has the following meanings:
(i) "front lot line" means the line that divides a lot from
the street provided that in the case of a corner lot the
shorter lot line that abuts a street shall be deemed to
be the front lot line and the longer lot line that so
abuts shall be termed the "flank" of the lot;
(ii) "rear lot line" means the lot line opposite the front lot
line;
(iii) "side lot line" means a lot line other than a front
lot line or rear lot line;
"manufacturing plant"
means a building for the manufacture or processing of products
of light manufacturing not otherwise classified or defined in
this by-law;
"market gardening"
includes vegetable crops, and a horticultural nursery,
nursery sales station and greenhouse;
"massage establishment"
includes any premises or part thereof where massages are
given, offered or solicited in pursuance of a trade or
calling, business or occupation provided that the service is
rendered by a person duly trained, licensed and registered
under The Drugless Practitioner's Act, R.S.O. 1980, c. 127 as
amended from time to time;
"medical/dental office"
means a building or portion thereof, other than a private
residence, that is used for the offices of one or more
practicing physicians, surgeons, dentists or other qualified
medical practitioners or by one or more licensed chiropractors
or osteopaths;
"metal wares factory"
means a factory for forming, stamping, spinning, machining,
buffing, plating, coating, annealing or other fabrication or
processing of ferrous or non-ferrous small wares or small
parts, including cutlery, flatware, hollow ware, small
springs, coat hangers, small auto parts, light carpenters' or
garden hand tools, light electrical equipment, jewellery or
other small wares or small parts but does not include a
casting factory or a die-casting factory or the manufacture of
bronze powder or other similar grinding process;
"mixed-use building"
means a building containing a combination of residential uses
with non-residential uses including any accessory uses
thereto;
"motor vehicle repair shop, class A"
means a public garage used as a motor vehicle repair shop,
exclusive of the painting and repairing of bodies and fenders;
"motor vehicle repair shop, class B"
means a public garage used as a motor vehicle repair shop
including the painting and repairing of bodies and fenders;
"municipal community centre"
means a community centre managed and controlled by the
Corporation;
"net floor area"
means the total floor area exclusive of stairs, ground floor
lobbies, public pedestrian corridors and public washrooms;
"newspaper plant"
means a building in which the publishing and printing of
newspapers is carried on;
"non-profit institution"
means an institution or organization incorporated as a non-
profit corporation, but does not include a residential care
facility or a crisis care facility;
"non-residential building"
means a building containing only non-residential uses
including any accessory uses thereto;
"non-residential gross floor area"
means the aggregate of the areas of each floor and the spaces
occupied by walls and stairs, above or below grade, of a non-
residential building or the non-residential portion of a
mixed-use building, measured between the exterior faces of the
exterior walls of the building or structure at the level of
each floor, exclusive of the following areas:
(i) a room or enclosed area, including its enclosing walls,
within the building or structure above or below grade
that is used exclusively for the accommodation of
heating, cooling, ventilating, electrical, mechanical
(other than escalators) or telecommunications equipment
that service the building;
(ii) loading facilities above or below grade required by this
by-law;
(iii) a part of the building or structure below grade
that is used for the parking of motor vehicles or
bicycles, storage or other accessory use; and
(iv) a part of the building or structure above grade that is
used for the required parking or storage of bicycles;
"nursing home, convalescent home or rest home"
means a building in which the proprietor supplies for gain
lodging with or without meals and, if required, provides
nursing, medical or similar care and treatment but does not
include a rooming house, hotel, hospital, children's home,
home for the aged or other establishment otherwise classified
or defined in this by-law;
"offensive"
when used with reference to any use of any land, building or
structure, means a use which, from its nature, or from the
manner of carrying on same, creates or is liable to create,
by reason of destructive gas or fumes, dust, objectionable
odour, noise or vibration, or unsightly storage of goods,
wares, merchandise, salvage, junk, waste or other material, a
condition which may be or become hazardous or injurious as
regards health or safety or which prejudices the character of
the neighbourhood or interferes with or may interfere with
the normal enjoyment of any land, building or structure;
"open air market"
means a lot where goods, wares, merchandise or any substance,
article or thing is offered, kept or stored for retail sale
but does not include any retail outlet otherwise classified
or defined in this by-law;
"ornamental structure"
includes any ornamental fountain or other such structure, any
statue, monument, cenotaph or other memorial except a
mausoleum or columbarium;
"owner"
when used in reference to a lot means a person who owns the
fee simple or the equity of redemption in the lot, or a
person who owns a leasehold estate in the lot the unexpired
term of which or right to renewal exceeds 45 years, and
includes a person who is authorized in writing to act by the
owner of the lot on his behalf;
"packaging plant"
means a building or a portion of a building used for the
packaging of goods;
"parking area"
means an uncovered surface parking facility occupying an area
of not more than 60 square metres, exclusive of driveways,
that is used for the temporary parking of not more than three
motor vehicles, as an accessory use to the use or uses on the
lot;
"parking garage"
means a portion of a building, located below grade, that is
used for the temporary parking of motor vehicles, as an
accessory use to the principal use or uses on the lot except
that, in the case where a parking garage or a portion thereof
is accessory to a non-residential use and is located on a lot
in an IC or CR district, the parking garage may be occupied by
motor vehicles whose users are not occupants or customers of
the building where the parking garage is located;
"parking space"
means an unobstructed area at least 5.9 metres in length, and
at least 2.6 metres in width and which, except in the case of
alternative housing or a rooming house, where the total number
of required parking spaces is three or less, is readily
accessible at all times for the parking and removal of a motor
vehicle without the necessity of moving any other motor
vehicle;
"parking station"
means an uncovered surface parking facility, other than a
parking area, that is used for the temporary parking of motor
vehicles without charge, as an accessory use to the principal
use or uses on the lot;
"performing arts studio"
means a studio for the rehearsal of music, dance or theatre,
and may include therein, a talent or booking agency or an
association for the performing arts;
"personal grooming establishment"
means a barber shop, hairdressing establishment, beauty
parlour or institute, shoe shine shop or an establishment
providing other forms of personal grooming including make-up,
manicure, pedicure, facials, tanning, electrolysis including
counselling in respect of such grooming;
"pet shop"
means a shop or place where animals or birds for use as pets
are sold or kept for sale or groomed, but does not include a
shop or place for the breeding or overnight boarding of pets;
"pharmaceutical factory"
means a factory for manufacturing perfumes, cosmetics, toilet
preparations, deodorants, soaps or cleaning compounds,
bleaches, patent medicines, disinfectants, or insecticides, or
poisons that are manufactured and packaged for medical or
pharmaceutical purposes only;
"pinball or electronic game machine establishment"
means a premises or part thereof:
(i) containing not less than three and not more than 20
pinball or other mechanical or electronic game machines
operated for gain, excluding any machines used for the
purpose of gambling;
(ii) containing no other use except a refreshment counter or
a refreshment stand; and
(iii) no closer than 150 metres to any other such
premises or part thereof as described in
subparagraphs (i) and (ii) and no closer than 300
metres to a public school;
"place of amusement"
means a billiard or pool room, bowling alley, golf driving
range, miniature golf course, archery range or similar
recreational facility operated for profit, but does not
include a club, or an entertainment facility;
"place of assembly"
means a motion picture or other theatre; concert hall, a
public hall for use principally for one or more of the
following: banquets, receptions, bingo, fraternal and/or
charitable or social organizations, but does not include a
place of worship, a club or an entertainment facility;
"place of worship"
means a building or a portion of a building dedicated to
religious worship;
"plastic products factory"
means a factory for manufacturing plastic products but does
not include the manufacture of celluloid or pyroxylin or an
offensive use;
"post office"
means premises whether operated by the Government of Canada or
not, where letters or parcels may be posted, or where postage
stamps may be purchased, but does not include any sorting or
distribution of mail;
"printing plant"
means the business of engraving, stereo-typing, electro-
typing, printing or typesetting, including a lithographer,
but does not include a newspaper plant or duplicating shop;
"private academic, philanthropic or religious school"
means a school, other than a public school, where academic
subjects are taught or which is maintained for philanthropic
or religious purposes and whether the same is also a boarding
school or not, and includes a dormitory building appurtenant
to any such school but does not include any school or home
otherwise classified or defined under this by-law;
"private art gallery"
means an art gallery for the public or private exhibition of
collections of paintings and other works of art, whether by
the proprietor or others and whether or not the same are for
sale;
"private garage"
means a building or a portion of a building, not over one-
storey and/or four metres in height, that is used principally
for the sheltering of not more than three motor vehicles, as
an accessory use to the principal use or uses on a lot and in
which:
(i) no repair service for profit is rendered; and
(ii) space for not more than two such vehicles is rented;
"private home day care"
means the temporary care for reward or compensation of five
children or less who are under ten years of age where such
care is provided in a private residence, other than the home
of a parent or guardian of any such child, for a continuous
period not exceeding twenty-four hours;
"psychiatric hospital"
means an institution to which The Psychiatric Hospitals Act,
R.S.O. 1950, Chapter 301, applies;
"public art gallery"
means a building or part of a building used for the
preservation or exhibition of collections of paintings or
other works of art and devoted primarily to the recreation or
education of the public;
"public garage"
means any building or place with respect to which a public
garage or automobile service station licence may be required
by by-law under the Municipal Act, R.S.O. 1990, c. M.45;
"public hospital"
includes such appurtenant buildings as laboratories and
nurses' residences; but does not include:
(i) a mental hospital within the meaning of the Mental
Hospitals Act, R.S.O. 1990, c.M.8; or
(ii) an institution for the reclamation and care of habitual
drunkards or any other institution for the care,
treatment or education of drug or drink addicts or the
insane or of persons suffering from psychiatric
disabilities or from mental or nervous diseases or
disorders;
"public library"
means a library, branch library or distributing station to
which the provisions of the Public Libraries Act, R.S.O. 1990,
c.P.44, apply;
"public museum"
means a public museum within the meaning of the Mortmain and
Charitable Uses Act, R.S.O. 1980, Chapter 297;
"public park"
means land which is used for public recreation and which is
owned by or leased to a government or a government authority
or agency;
"public playground"
means a lot used for the purposes of a non-profit playground
or skating rink and managed and controlled by the Corporation;
"public school"
means a public or separate school, a high school, a
continuation school, a technical school, a vocational school,
a college or university or any other school established and
maintained at public expense whether the same is also a
boarding school or not, and includes a dormitory building
appurtenant to a public school but does not include a branch
of The Conservatory of Music or any home or school otherwise
classified or defined in this by-law;
"publisher"
means a premises whose function is the layout, editing,
manufacture or distribution of copy, illustration or other
printed materials for items such as books, catalogues,
newspapers or magazines for sale primarily through retail
networks and may include the use of computer technology
operated at individual work stations, but does not include the
retail sale of goods, wares or merchandise;
"Railway Lands - Central"
means that part of the City of Toronto located within the area
delineated and designated by heavy lines on Map 1 and referred
to thereon as "Railway Lands - Central";
"residential amenity space"
means a common area or areas within a lot which are provided
for the exclusive use of residents of a building for
recreational or social purposes;
"residential building"
means a building containing only residential uses, including
any accessory uses thereto;
"residential care facility"
means a residence for the accommodation of six to ten persons,
exclusive of staff, who by reason of their emotional, mental,
social or physical condition or legal status require a group
living arrangement for their well-being; and:
(i) such facility is supervised, or the members of the group
are referred, by a hospital, court or government agency;
or
(ii) such facility is funded wholly or in part by any
government, other than funding provided solely for
capital purposes; or
(iii) such facility is regulated or supervised under any
general or special Act;
but does not include any use otherwise classified or defined
in this by-law;
"residential gross floor area"
means the aggregate of the areas of each floor and the space
occupied by walls and stairs, above and below grade, of a
residential building or the residential portion of a mixed-use
building, measured between the exterior faces of the exterior
walls of the building or structure, exclusive of the following
areas:
(i) a room or enclosed area, including its enclosing walls,
within the building or structure above or below grade
that is used exclusively for the accommodation of
heating, cooling, ventilating, electrical, mechanical
(other than escalators) or telecommunications equipment
that service the building;
(ii) loading facilities above or below grade required by this
by-law or any other zoning by-law;
(iii) a part of the building or structure that is used
for the parking of motor vehicles or bicycles,
storage, residential amenity space or other
accessory use, provided the floor level, excluding
any access ramp, is at least 0.9 metres below
grade;
(iv) above grade residential amenity space required by this
by-law;
(v) above grade bicycle parking spaces required by this by-
law; and
(vi) in the case of the floor of the first storey below a
sloping roof, any unfinished area enclosed by the
exterior face of a vertical interior wall that does not
exceed 1.37 metres in height and the nearest exterior
face of the exterior wall or roof at that floor level;
"restaurant/licensed facility"
means an establishment for cooking and preparation of meals
and the sale, either separately or in combination, of food and
beverages, including alcoholic beverages, for consumption on
the premises and may include an incidental take-out service,
but does not include an entertainment facility, or a place of
assembly or any other premise with a dance floor;
"retail store"
means a building or part of a building where goods, wares,
merchandise, substances, articles or things are stored,
offered or kept for sale at retail and includes storage on or
about the store premises of limited quantities of such goods,
wares, merchandise, substances, articles or things sufficient
only to service such store but does not include any retail
outlet otherwise classified or defined in this by-law;
"rooming house" means a building that:
(i) contains dwelling rooms designed or intended for use as
living accommodation by more than three persons; and
(ii) may also contain one or more dwelling units;
but does not include any other establishment otherwise
classified or defined in this by-law;
"row house"
means one of a series of more than two attached buildings:
(i) each building comprising one dwelling unit;
(ii) each building divided vertically from another by a party
wall; and
(iii) each building located on a lot;
"rubber products factory"
means a factory for the manufacture of tires and hose or
other articles from natural rubber, synthetic rubber or partly
from natural and partly from synthetic rubber, or other
vegetable products factory not otherwise classified or defined
in this by-law;
"sales or hire garage"
means a public garage where motor vehicles and/or trailers
are hired or kept or used for hire, or where motor vehicles
and/or trailers are stored or kept for sale or a used motor
vehicle lot;
"secondary"
where applied to an industrial use means that such use is
restricted to the assembly or manufacture of previously
processed materials and does not include the processing or
combining of materials that alter the structure of the
material;
"senior citizens' housing"
means social housing dwelling units which are operated by a
non-profit housing corporation which receives assistance under
the National Housing Act or another non-profit housing program
for qualifying senior citizens and which are the subject of an
agreement which provides that the social housing dwelling
units are to be so operated and funded for the benefit of
qualifying senior citizens;
"service, rental or repair shop"
means a shop, not otherwise classified or defined in this by-
law for servicing, renting or repairing of goods, articles and
equipment;
"sheet metal shop"
includes a shop where, one or more machines each of which is
operated by an electric motor having a rating of not more than
746 watts, may be used for custom tinsmithing or other custom
fabrication of sheet metal, but does not include a shop where
there is carried on the factory production of articles by
power machinery;
"shower-change facility"
means a facility within a building that is available for the
benefit of bicyclists and which contains shower, change and
locker areas;
"showroom"
means a building or portion of a building where samples or
patterns are displayed and orders taken for goods, wares and
merchandise for future delivery, but does not include sales to
the public;
"single persons' housing"
means dwelling units not exceeding a floor area of 37 square
metres each, where the average floor area of all such units
in a building does not exceed 30 square metres, which units
are occupied or available for occupancy by individuals;
"social housing"
means dwelling units which the owner of the lot, and the
operator if different from the owner, agrees with the
Corporation pursuant to section 2 of the City of Toronto Act,
1988 (No. 2), as amended, to provide for the purposes of a
social housing program, as defined in the City of Toronto Act,
and is in compliance with such agreement and also includes
housing accommodation that is owned and operated by the City
of Toronto Non-Profit Housing Corporation;
"social housing program"
has the same meaning set out therefore in section 2 of the
City of Toronto Act, 1988 (No. 2) as amended;
"software, design and development establishment"
means a building or a portion of a building used for the
design and development of computer software;
"storage warehouse, class A"
means a building or structure for the storage of any non-
offensive goods, wares, merchandise, substance, article or
thing and includes the premises of a warehouseman as defined
by The Warehousemen's Lien Act, R.S.O. 1980, Chapter 529, but
does not include any warehouse or storage otherwise
classified or defined in this by-law;
"street"
means a public highway or private thoroughfare and includes
any highway established under the City of Toronto Act, 1971;
"street-related retail and service uses"
means one or more of the uses listed in sections
5(1)(f)(b)(i)(ii) and (iv), other than a public park or a
public playground where:
(i) the principal public entrance to each shop or store is
located in the exterior wall of the building which is
directly accessible by pedestrians along a route not more
than 1.2 metres from:
A. a building envelope line shown on Map 4 as being
required for the lot on which the shop or store is
located; or
B. the inside wall of a colonnade as shown on Map 7 as
being required for the lot on which the shop or
store is located;
(ii) the exterior wall from which the principal public
entrance is gained, is at an angle of divergence from the
building envelope line described in paragraph (i) of not
more than 85 degrees;
(iii) only 15 metres of the building envelope line
described in paragraph (i) used for any one of the
uses listed in sections 5(1)(f)(b)(i) or (ii), or a
branch of a bank or financial institution, may be
included as a street-related retail and service
uses; and
(iv) the level of the floor of the principal public entrance
is within 0.2 metres of the level of the public sidewalk
opposite such entrance;
"tailoring shop"
means a building or portion of a building where the business
of individual custom tailoring is carried on but does not
include a shop where clothing manufacture other than
individual custom tailoring is carried on;
"take-out restaurant"
means a building or a portion of a building used primarily for
the cooking, preparation and sale of meals and food directly
to the public for consumption off the premises and which may
contain incidental seating areas for consumption on the
premises and which does not provide incidental retail sales;
"total floor area" means, the aggregate of the areas of each
floor of a building or structure above and below grade used
for the purpose of a particular use, measured between the
exterior faces of the exterior walls of the building or
structure at the level of each floor, or measured between such
exterior faces and the centre line of any interior wall or
projection thereof which separates such use from another use,
exclusive of the following areas:
(i) any room or enclosed area within the building or
structure above or below grade that is used exclusively
for the accommodation of heating, cooling, ventilating,
electrical, mechanical or telecommunications equipment,
which services the building;
(ii) any part of the building or structure below grade which
is used for storage; and
(iii) any part of the building or structure used for
parking facilities or loading facilities;
"tourist or guest home"
means a row house containing one or more dwelling units, at
least one of which is occupied by the owner or operator as
their ordinary and principal residence, and one or more
dwelling rooms are supplied for gain, with or without meals,
for the purpose of providing lodging to the travelling public;
"trade school"
means a school other than a commercial school conducted for
hire or gain which teaches subjects related to industrial
trades such as technical design skills, mechanical design or
drafting, carpentry, or electrical skills;
"undertaker's establishment"
means the business premises of an undertaker or funeral
director whether or not the same includes a crematorium or a
school of instruction in embalming or preparation for burial
of human remains;
"union hall"
means premises operated by a labour union for union
activities, such as union business, school and educational
activities;
"university residence"
means a building or part of a building which is owned or
operated by a university, that contains dwelling accommodation
consisting of dwelling rooms and/or dwelling units for
students, employees, or persons in short-term residence at
such university, whether or not shared culinary facilities are
provided in such building;
"urban stadium and multi-purpose facility"
means a building or structure which contains a stadium
together with uses permitted by section 5(1)(f)(b) herein,
provided that in addition to the stadium such building or
structure contains not less than four of the uses listed in
Section 5(1)(f)(b);
"welder's shop"
means a shop where there is carried on the business of welding
auto parts, hand tools and other small wares and small parts
including custom welding but not including welding of
structural steel, railway equipment or large parts;
"wholesaling establishment - general"
means a building where any non-offensive goods, wares,
merchandise, substance, article or thing are offered for sale
on a wholesale basis, but does not include any wholesale
activity otherwise classified or defined in this by-law;
"wholly enclosed"
when applied to industrial use, means that such use (including
any loading facilities) shall be carried on entirely within
an enclosed building;
(2) INTERPRETATION
(a) Any titles and headings of subsections and regulations in
this by-law are not a part of the by-law but are for
convenience only.
(b) All references in this by-law to sections, subsections,
paragraphs, subparagraphs, clauses, subclauses,
qualifications, regulations, exceptions, appendices,
schedules and maps, refer to those in this by-law, unless
otherwise indicated.
(c) Where reference is made to a subdivision of a section,
the reference begins with a designation of the section
followed consecutively by designations of subdivisions to
and including the subdivisions to which reference is
made. For example, subclause (IV) of clause B of
subparagraph (iii) of paragraph (j) of subsection (4) of
section 4, should be referred to as "section
4(4)(j)(iii)B(IV)".
(d) Subsection (2) of section 5 is divided into main
divisions referred to as a `qualification', followed
consecutively by designations of subdivisions referred to
as follows: paragraph (d), clause F of subparagraph (vi)
of paragraph (a) of qualification 11 of subsection (2) of
section 5 and should be referred to as "section
5(2)11(a)(vi)F(d)".
(e) Each use district section is divided into main divisions
referred to as a `PART', followed consecutively by
designations of subdivisions referred to as follows:
paragraph (D), subparagraph (v) of paragraph (a) of
regulation 2 of PART IV of section 7, should be referred
to as "section 7 PART IV 2(a)(v)(D)".
(f) Section 10 is divided into sections referred to as an
`exception'. In accordance with subclause (ii), clause
(D), subparagraph (i) of paragraph (b) of exception (2)
of section 10, should be referred to as "section
10(2)(b)(i)(D)(ii)".
(1) For the purpose of this by-law and of the maps in Appendix "A"
hereto, herein referred to as "District Maps", the following
classes of use district, volume area, residential density
zones, commercial, institutional and industrial density zones
and non-residential density zones are hereby established,
namely:
Parks District - G
Mixed-Use District - CR
Industrial/Commercial District - IC
Transportation District - T
Commercial and Institutional Density Zones - D7, N7
(b) (i) The buildings and structures and uses of buildings,
structures and lots permitted by this by-law in such
districts may be referred to as: G buildings, G
structures, G uses, CR buildings, CR structures, CR uses,
IC buildings, IC structures, IC uses, T buildings, T
structures, T uses, the buildings, structures and uses of
buildings, structures and lots specifically named in
Sections 5 to 9, inclusive, as they appear in this by-
law, respectively may be referred to as G, R, CR, IC and
T buildings, structures, uses, respectively;
(ii) The expressions "G district", "CR district", "IC
districts", "T district", "D7 zone", "N7 zone" where used
in this by-law, mean respectively an area of Railway
Lands - Central delineated on a Map and designated
thereon by the symbols "G", "CR", "IC", "T", "D7", and
"N7".
(c) The Railway Lands - Central is hereby divided into the use
districts delineated on the Maps in Appendix "A", referred to
as "District Maps" and the height districts delineated on the
Maps in Appendix "B", referred to as "Height Maps", which maps
and the information shown thereon shall form part of this by-
law.
(1) USES AND BUILDINGS TO CONFORM WITH BY-LAW
(a) No person shall, within any district of the Railway Lands
- Central use any land or erect or use any building or
structure except in conformity with the provisions of
this by-law respecting the district or area in which such
land, building or structure is located or respecting the
district in which it is proposed to erect the building or
structure.
(b) Notwithstanding paragraph (a), signs are a permitted use
provided they comply with the provisions of By-law 1994-
0337 as amended, the Sign By-law.
(2) EFFECT OF CONVEYANCE FOR HIGHWAY OR PARKS PURPOSES ON BY-LAW
COMPLIANCE ON REMAINDER OF LOT - FLOOR AREA
None of the provisions of this by-law shall apply to prevent
the reduction in the area of a lot by the conveyance,
alienation, or dedication of any part thereof for public
highway purposes or for a public park. Notwithstanding any
such conveyance, alienation or dedication the non-residential
gross floor area, or residential gross floor area contained in
a building or structure erected or to be erected on the
remaining part of such lot may equal the maximum non-
residential gross floor area or maximum residential gross
floor area that would otherwise have been permitted on the lot
as prescribed by this by-law for the district in which the lot
is located, provided that such public highway or public park
is not shown on Appendix "A" or Appendix "B" maps.
(3) HEIGHT LIMITS - BUILDINGS AND STRUCTURES
(a) No person shall erect or use a building or structure on
a lot having a greater height in metres above grade than
the height limit specified by the numbers following the
symbol "H" as shown in the Appendix "B" Maps, for the
height district in which the lot is located, or as
otherwise prescribed by Section 7 PART II 3 and Section
7 PART II 4(e), provided that none of the provisions of
this paragraph shall apply to prevent the erection or use
of:
(i) any stair tower, elevator shaft, chimney stack or
other heating, cooling or ventilating equipment or
window washing equipment located on the roof of
such building or any fence wall or structure
enclosing such elements, provided:
A. the maximum height of the top of such elements
or enclosure is no higher than the sum of 5
metres plus the height limit applicable to the
lot;
B. the aggregate horizontal area of such
elements, including the area contained within
any enclosure, measured at any point above the
level of the said height limit, does not
exceed thirty (30) per cent of the area of the
roof of such building; and
C. the width of any such elements, including the
width of any enclosure, located within 6
metres of a lot line that is a street line,
does not exceed twenty (20) per cent of the
width of the main wall of the building facing
such lot line, provided that such width is to
be measured parallel to such lot line;
(ii) any structure, located on the roof of such
building, used for outside or open air recreation,
safety or wind protection purposes, provided:
A. the maximum height of the top of such
structure is no higher than the sum of three
metres plus the height limit applicable to the
lot;
B. no part of such structure is located less than
two metres from any adjacent outside wall or
any vertical projection of such wall; and
C. such structure does not enclose space so as to
constitute any form of penthouse or other room
or rooms;
(b) Notwithstanding the provisions of paragraph (a), a
building or structure erected on a lot that has a lesser
or greater height in metres above grade than that
permitted by paragraph (a) may be used for any purpose or
purposes permitted in the district in which the lot is
located, provided that:
(i) such building or structure was lawfully erected on
the lot on June 29, 1994; and
(ii) the height of such building or structure does not
reduce or exceed its height on the said date.
(c) No person shall erect or use an accessory building or
structure having a height exceeding 4 metres above the
finished elevation of the ground at all points adjacent
to the perimeter of the building or structure.
(4) ENTRANCES AND EXITS: SLOPES AND WIDTHS
(a) No person shall, except on a lot containing a row house,
construct or use any driveway or passageway intended for
motor vehicles where any portion of the surface of such
driveway or passageway within a distance of 6 metres of
a street line is at an elevation higher than 0.30 metres
above, or at an elevation lower than 0.30 metres below,
the average elevation of the portion of the street
abutting such driveway or passageway, and the lateral
boundaries of such driveway or passageway shall, within
such distance of 6 metres, be constructed at right angles
to the street.
(b) Subject to paragraph (a), no person shall construct or
use, other than any lot containing a row house, any
driveway or passageway intended for motor vehicles having
any portion thereof inclined at a slope of greater than
3 metres vertical to each 20 metres horizontal (15%).
(c) Any motor vehicle entrance to or exit from a building or
structure which leads to a parking facility containing
two or more parking spaces or to any loading facilities
and which entrance or exit is located in a wall facing a
street, shall have a minimum width of:
(i) where the wall abuts the street line, 5.2 metres;
or
(ii) where the wall is located 6.0 metres or more from
the street line, 3.0 metres;
(iii) where the wall is located less than 6.0 metres
from the street line, (3.0 + y) metres, where:
y metres 6.0 metres - (distance of wall
________ : from the street in metres)
2.2 metres 6.0 metres
(5) PARKING SPACES: WHEN REQUIRED, NUMBER, LOCATION AND TYPE
(a) Subject to paragraphs (b) to (o), inclusive, the owner or
occupant of every building or structure or one or more
portions thereof to be erected or used for any purpose
listed in the column entitled "Type of Use" shown in
Schedule 1 following this subsection, shall provide and
maintain motor vehicle parking facilities at least to the
extent of the number of parking spaces in respect of each
purpose as is prescribed in the column entitled "Minimum
Required" shown in the aforesaid Schedule 1, but no
person shall provide or maintain motor vehicle parking
facilities containing a greater number of parking spaces
than that set out opposite such purpose in the column
entitled "Maximum Permitted".
(b) (i) In every case in which one or more parking spaces
are required to be provided and maintained pursuant
to paragraph (a) in respect of a building or
structure or one or more portions thereof to be
erected or used for more than one of the purposes
listed in the column of the aforesaid Schedule 1
entitled "Type of Use", the minimum number of
parking spaces which shall be provided and
maintained in respect of the entire building or
structure shall be the greatest of the aggregate
gross minimum numbers of parking spaces for the
morning, afternoon and evening periods determined
in accordance with sub-paragraph (ii) of this
paragraph.
(ii) For the purposes of sub-paragraph (i), in
determining the greatest of the aggregate gross
minimum numbers of parking spaces for the morning,
afternoon and evening periods, the following rules
shall be applied:
A. the minimum number of parking spaces which are
to be provided and maintained in respect of
each purpose for which each portion of the
building or structure in question is to be
erected or used shall be determined by
identifying each of such purposes in the
column entitled "Type of Use" shown on the
aforesaid Schedule 1, then by ascertaining the
minimum number of parking spaces for each of
such purposes from the column entitled
"Minimum Required" shown on the aforesaid
Schedule 1, and the minimum numbers of parking
spaces so determined are the gross minimum
numbers of parking spaces to be provided and
maintained in respect of each of such
purposes;
B. the occupancy rates for each of the purposes
referred to in clause A for the morning,
afternoon and evening periods, respectively,
shall be ascertained from the column entitled
"Occupancy Rate" shown on the aforesaid
Schedule 1, and the gross minimum numbers of
parking spaces to be provided and maintained
in respect of each of the purposes for the
building or structure in question determined
pursuant to clause A shall be multiplied by
the applicable occupancy rates to produce the
gross minimum numbers of parking spaces for
each of such purposes for the morning,
afternoon and evening periods, respectively;
C. the gross minimum numbers of parking spaces
for each of the purposes referred to in clause
A, for each of the morning, afternoon and
evening periods, respectively, shall be added
to produce the aggregate gross minimum numbers
of parking spaces for the building or
structure to be erected or used for each of
the morning, afternoon and evening periods,
respectively; and
D. the greatest of the aggregate gross minimum
numbers of parking spaces for the morning,
afternoon and evening periods shall be
determined.
(iii) Where the purpose or purposes for which a
building or structure under sub-paragraph (i)
is proposed to be used includes dwelling
accommodation in respect of which the
aforesaid Schedule 1 requires residents'
parking, the lesser of:
A. the number of parking spaces resulting from
the application of sub-paragraph (i); or,
B. the number of residents' parking spaces
involved in the calculation of parking in
respect of the proposed use of the building or
structure under sub-paragraph (i),
shall be provided and maintained solely for such
dwelling accommodation and designated as such by
one or more clearly visible signs.
(c) (i) In every case in which one or more parking spaces
are required to be provided and maintained pursuant
to paragraph (a) in respect of a building or
structure or one or more portions thereof to be
erected or used for more than one of the purposes
listed in the column entitled "Type of Use" shown
on the aforesaid Schedule 1, the maximum number of
parking spaces which may be provided and maintained
in respect of the entire building or structure
shall be the greatest of the aggregate gross
maximum numbers of parking spaces for the morning,
afternoon and evening periods determined in
accordance with sub-paragraph (ii) of this
paragraph.
(ii) For the purposes of sub-paragraph (i), in
determining the greatest of the aggregate gross
maximum numbers of parking spaces for the morning,
afternoon and evening periods, the following rules
shall be applied:
A. the maximum numbers of parking spaces which
are to be provided and maintained in respect
of each purpose for which each portion of the
building or structure in question is to be
erected or used shall be determined by
identifying each of such purposes in the
column entitled "Type of Use" shown on the
aforesaid Schedule 1, then by ascertaining the
maximum numbers of parking spaces for each of
such purposes from the column entitled
"Maximum Permitted" shown on the aforesaid
Schedule 1, and the maximum numbers of parking
spaces so determined are the gross maximum
numbers of parking spaces to be provided and
maintained in respect of each of such
purposes;
B. the occupancy rates for each of the purposes
referred to in paragraph A for the morning,
afternoon and evening periods, respectively,
shall be ascertained from the column entitled
"Occupancy Rate" shown on the aforesaid
Schedule 1, and the gross maximum numbers of
parking spaces to be provided and maintained
in respect of each of the purposes for the
building or structure in question determined
pursuant to paragraph A shall be multiplied by
the applicable occupancy rates to produce the
gross maximum numbers of parking spaces for
each of such purposes for the morning,
afternoon and evening periods, respectively;
C. the gross maximum numbers of parking spaces
for each of the purposes referred to in
paragraph A, for each of the morning,
afternoon and evening periods, respectively,
shall be added to produce the aggregate gross
maximum numbers of parking spaces for the
building or structure to be erected or used
for each of the morning, afternoon and evening
periods, respectively; and
D. the greatest of the aggregate gross maximum
numbers of parking spaces for the morning,
afternoon and evening periods shall be
determined.
(d) None of the provisions of this subsection shall apply to
require the owner or occupant of a building or structure
lawfully erected on June 29, 1994, or which may be
lawfully erected pursuant to a building permit issued
prior to such date, to provide motor vehicle parking
facilities in respect of the use of the building for a
non-residential purpose which is different from the use
of the building prior to such date, provided:
(i) the minimum number of parking spaces that would be
required by this subsection is greater than the
number of parking spaces legally required or
actually provided or to be provided pursuant to the
aforesaid permit, whichever is the greater, in
respect of the building or structure before the
change in use; and
A. such number of parking spaces is maintained;
and
B. the first storey of the building at, above or
below grade on the aforesaid date, occupied or
could have occupied pursuant to the aforesaid
permit, more than 75 per cent of the area of
the lot; or
(ii) the maximum number of parking spaces that would be
permitted by this subsection is less than the
number of parking spaces legally required or
actually provided or to be provided pursuant to the
aforesaid permit, whichever is the greater, in
respect of the building or structure before the
change in use and no additional parking spaces are
provided.
(e) The parking spaces required by this subsection shall be
provided and maintained in the location and in the type
of parking facility applicable to the purpose or purposes
for which the building or structure is to be erected or
used, such parking facility and the location thereof
being prescribed in the column of the aforesaid Schedule
1 entitled "Type and Location of Parking Facility".
(f) Where the calculation of the number of parking spaces
required to be provided and maintained by this subsection
results either in a fraction of a parking space, or in a
whole number of parking spaces and a fraction of a
parking space, such fraction if equal to or greater than
0.5 shall be taken to be 1.0 and added to the whole
number of the parking spaces required to be provided and
maintained, and if such fraction is less than 0.5 it
shall be excluded from the determination of the number of
parking spaces which are required to be provided and
maintained in respect of the building or structure to be
erected or used.
(g) The visitors' parking spaces required to be provided and
maintained pursuant to this subsection in respect of a
building to be erected or used for residential purposes
only, shall be reserved at all times for visitors to the
building and shall be individually designated by means of
clearly visible signs as being for the exclusive use of
visitors to the building, and all driveways or
passageways leading from the street to visitors' parking
facilities shall have the way there designated by means
of clearly visible signs.
(h) Ingress and egress to and from parking facilities
required by this subsection in respect of a building or
structure other than row housing, shall be provided by
unobstructed driveways or passageways having a minimum
width of 3.5 metres for one-way operation and a minimum
width of 5.5 metres for two-way operation.
(i) Where land, buildings or structures are to be erected or
used for a purpose (the "subordinate purpose") which is
normally incidental, subordinate and devoted to another
purpose (the "principal purpose") for which such lands,
buildings or structures are to be erected or used, the
subordinate purpose shall be deemed to be part of the
principal purpose.
(j) Notwithstanding the foregoing provisions of this
subsection, none of such provisions shall apply to
require the minimum number of motor vehicle parking
facilities in respect of any use set out in the column of
the aforesaid Schedule 1 entitled "Type of Use"
commencing with a retail store to and including an
undertaker's establishment, if such use is located in a
building having a non-residential gross floor area not
exceeding 1.0 times the area of the lot.
(k) Notwithstanding the provisions of this subsection, for a
mixed-use building containing fewer than 25 dwelling
units, not less than one-third of the aggregate of the
parking spaces required to be provided and maintained
pursuant to the foregoing provisions of this subsection
shall, in lieu of being provided and maintained as
required by such provisions, be provided and maintained
in respect of all the purposes for which such building is
to be erected or used, and none of the parking spaces
comprising the aforesaid one-third of the aggregate shall
be assigned by the use of any sign, symbol or other means
for the exclusive use of any individual or group, and no
sign, symbol or other form of legend shall be posted
within or at the entrance to the parking facility
comprising such parking spaces which purports to restrict
access to or the use of such parking spaces contrary to
this subsection.
(l) Notwithstanding this subsection, where a building or
structure contains social housing and a portion of the
social housing is also alternative housing, the owner or
occupant of the building or structure shall provide and
maintain motor vehicle parking facilities which shall be
at least the lesser of:
(a) the minimum required, including visitor parking, if
all of the social housing is calculated as social
housing and none of the social housing is
calculated as alternative housing; or
(b) the minimum required, including visitor parking, if
the alternative housing component is calculated as
alternative housing and if all of the other
dwelling units and dwelling rooms in the building
or structure are calculated in accordance with the
calculations for that type of building or structure
without benefit of the reduced standard for social
housing.
(m) No person shall provide any parking spaces in a parking
station, unless:
(i) the number of parking spaces provided for a use
does not exceed the minimum number of parking
spaces prescribed in the corresponding column
entitled "Minimum Required" in the aforesaid
Schedule 1; and
(ii) for the purposes of a restaurant/licensed facility
or a take-out restaurant, the maximum number of
parking spaces shall not exceed 1 parking space for
each 33.0 square metres of net floor area, or
fraction thereof, equal to or greater than 0.5
metres; and
in no case shall any parking spaces be provided in a
surface facility other than a parking area, parking
station or a private garage.
(n) No part of any parking structure above the sidewalk or,
where there is no sidewalk, the roadway in front of the
lot on which the parking structure is to be erected, may
be erected closer to the sidewalk or roadway than 9.0
metres in addition to the required setback set out on Map 4.
(o) No person shall provide any vehicular parking except in
a parking space.
(6) LOADING AREAS: WHEN REQUIRED, SIZE AND LOCATION
(a) Subject to paragraphs (b) to (f), inclusive, the owner or
occupant of every building or structure to be erected or
used on a lot equal to or greater than 1,000 square
metres in area for any one or more of the purposes listed
in the column entitled "Type of Use" shown on Schedule 1
following subsection (5), shall provide and maintain
within such building or structure or on the lot, on land
that is not part of a highway, laneway or driveway,
loading facilities comprising the number and type of
loading spaces, or loading areas, as the case may be, at
least to the extent prescribed in respect of such purpose
or purposes in the column entitled "Number of Loading
Spaces Required", or in the column entitled "Square
Metres of Loading Area Required", as the case may be,
provided that any loading area required in respect of a
purpose or purposes to which either Table 7 or Table 8 of
Schedule 1 is applicable, shall have a minimum width of
3.5 metres and a minimum vertical clearance of 4.3
metres.
(b) Where only one of Tables 1 to 8, inclusive, shown on the
aforesaid Schedule 1 applies in respect of all of the
purposes for a building or structure to be erected or
used, the loading facilities required to be provided and
maintained pursuant to the preceding paragraph, shall be
determined either on the basis of the total number of
dwelling units, if the aforesaid Table 1 applies or, if
one of the aforesaid Tables 2, 3, 4, 5, 6, 7 or 8
applies, on the basis of the aggregate total floor area
to be erected or used for the particular purposes.
(c) Where a building or structure, or one or more portions
thereof, is to be erected or used for more than one of
the purposes listed in the column of Schedule 1 entitled
"Type of Use" and more than one of Tables 2 to 8,
inclusive, shown on the aforesaid Schedule 1 applies, the
loading facilities required to be provided and maintained
pursuant to paragraph (a) shall be determined on the
basis of the aggregate total floor area to be erected or
used for the particular purposes to which each of the
aforesaid Tables 2, 3, 4, 5, 6, 7 and 8, respectively,
apply, provided that:
(i) the minimum number of loading spaces - type A to be
provided and maintained for the building or
structure to be erected or used in respect of the
purposes concerning which the aforesaid Tables 3
and 6 apply, shall be the greater of the number of
loading spaces -type A determined by the
application of the aforesaid Tables 3 and 6 or, if
each number of loading spaces - type A determined
by the application of the aforesaid Tables 3 and 6
is the same, the minimum number of loading spaces -
type A to be provided and maintained for such
building or structure, shall be equal to the number
of loading spaces - type A that would obtain on the
application of one only of the aforesaid Tables 3
and 6;
(ii) the minimum number of loading spaces - type B to be
provided and maintained for the building or
structure to be erected or used in respect of the
purposes concerning which more than one of the
aforesaid Tables 2, 3, 5 or 6 apply, shall be the
greater of the number of loading spaces - type B
determined by the individual application of the
aforesaid Tables 2, 3, 5 or 6 or, if each number of
loading spaces - type B determined by the
application of the aforesaid Tables 2, 3, 5 or 6 is
the same, the minimum number of loading spaces -
type B to be provided and maintained for such
building or structure shall be equal to the number
of loading spaces - type B that would obtain on the
application of one only of the aforesaid Tables 2,
3, 5 or 6;
(iii) the minimum number of loading spaces - type C
to be provided and maintained for the building
or structure to be erected or used in respect
of the purposes concerning which more than one
of the aforesaid Tables 2, 3 or 6 apply, shall
be the greater of the number of loading spaces
- type C determined by the application of the
aforesaid Tables 2, 3 or 6 or, if each number
of loading spaces - type C determined by the
application of the aforesaid Tables 2, 3 or 6
is the same, the minimum number of loading
spaces - type C to be provided and maintained
for such building or structure, shall be equal
to the number of loading spaces - type C that
would obtain on the application of one only of
the aforesaid Tables 2, 3 or 6;
provided further that where any one or more of the
aforesaid Tables 4, 7 or 8 applies in respect of a
purpose or purposes for the building or structure to be
erected or used, the minimum number of loading spaces -
type A and loading spaces - type B and the minimum number
of loading areas required as prescribed in one or more of
such Tables, shall be provided and maintained in addition
to the provision and maintenance of the loading spaces
required by subparagraphs (i), (ii) and (iii) of this
paragraph.
(d) Notwithstanding paragraphs (a), (b) and (c), in a case
where this subsection requires in respect of the portion
of a mixed-use building to be erected or used for non-
residential purposes that one or more loading spaces -
type A or loading spaces - type B shall be provided and
maintained and such building also contains 30 or more
dwelling units, the loading space - type G required in
respect of such dwelling units shall be deemed to be
satisfied by the provision and maintenance of at least
one loading space - type A or one loading space - type B
in respect of the portion of the building to be erected
or used for non-residential purposes, provided that such
loading space - type A or loading space - type B is
constructed as a loading space - type G.
(e) None of the provisions of this subsection shall apply to
require the owner or occupant of a building or structure
lawfully erected prior to June 29, 1994, or which may be
lawfully erected pursuant to a building permit issued
prior to such date, to provide loading facilities in
respect of the use of the building for a purpose which is
different from the use of the building prior to such
date, provided:
(i) the first storey of the building at, above or below
grade on the aforesaid date, occupied or could have
occupied pursuant to the aforesaid permit, more
than 75 per cent of the area of the lot; and
(ii) the loading facilities, including the minimum
vertical clearances appurtenant thereto, legally
required or actually provided or to be provided
pursuant to the aforesaid permit, whichever is the
greater, in respect of the building or structure
before the change in use is maintained.
(f) Where land, buildings or structures are to be erected or
used for a purpose (the "subordinate purpose") which is
normally incidental, subordinate and devoted to another
purpose (the "principal purpose") for which such lands,
buildings or structures are to be erected or used, the
subordinate purpose shall be deemed to be part of the
principal purpose.
(7) RESIDENTIAL AMENITY SPACE
No person shall erect or use a building containing 20 or more
dwelling units unless residential amenity space is provided in
accordance with the following table:
TYPE OF RESIDENTIAL AMENITY AMOUNT OF RESIDENTIAL
SPACE REQUIRED AMENITY SPACE REQUIRED
residential amenity 2 square metres of residential
space in a multi- amenity space for each dwelling
purpose room or unit
contiguous multi-
purpose rooms, at least
one of which contains a
kitchen and a washroom
residential amenity
space located outdoors 2 square metres of residential amenity
space for each dwelling unit of which
at least 40 square metres is to be
provided in a location adjoining or
directly accessible from the indoor
residential amenity space
8) BICYCLE PARKING SPACES AND SHOWER - CHANGE FACILITIES: WHEN
REQUIRED, NUMBER, LOCATION AND TYPE
(a) Subject to paragraph (b), (c) and (d), no person shall
erect or use a building or structure in any use district
for a purpose listed below unless bicycle parking spaces
and/or shower - change facilities are provided and
maintained, on the same lot as the building, at least to
the extent prescribed in the following table:
USE REQUIREMENT
dwelling units in 0.75 bicycle parking spaces for each
a building con- dwelling unit, or a fraction thereof equal to
taining 10 or more or greater than 0.5, to a maximum of
dwelling units, 200 parking spaces
other than senior
citizens' housing
uses listed in six bicycle parking spaces or
sections
5(1)(f)(b)(iv),
(v) and (vi) in a
building located one bicycle parking space for every
in any use 1,250 square metres of net floor area
district and where or fraction thereof equal to or
the combined non- greater than 0.5, whichever is
residential gross greater
floor area used
for those purposes
is equal to or
greater than 2,000
square metres
uses listed in one shower/change facility for each
sections gender
5(1)(f)(b)(iv),
(v) and (vi) in a
building located
in any use
district and where
the combined non-
residential gross
floor area used
for those purposes
is equal to or
greater than 20,000
square metres
(b) The requirements of paragraph (a) shall not apply to any
floor space used on or before June 29, 1994.
(c) The bicycle parking spaces required by paragraph (a)
shall be provided in the following proportion: 80 per
cent as bicycle parking space, occupant and 20 per cent
as bicycle parking space, visitor.
(d) Not more than 50 per cent of bicycle parking space,
occupant shall be provided in a manner that requires a
person to park the bicycle in a vertical position.
(e) bicycle parking spaces required by paragraph (a) shall
not be provided within a dwelling unit or a balcony
thereof nor within commercial suites.
(1) PERMITTED USES
(a) No person shall, within a G, CR, IC or T district, use a
lot or erect or use a building or structure for any
purpose except one or more of the uses where permitted by
the chart in paragraph (f) and subject to qualifications
where indicated.
(b) Each use permitted by the chart is subject to:
(i) the qualifications, if any, in subsection (2), to be
complied with before the use is permitted;
(ii) the regulations in sections 4, 6, 7, 8 and 9; and
(iii) the exceptions in section 10;
(c) A use is permitted by the chart when the letter "P" is set
in the line opposite the designation of the use but only
in the use district or districts designated at the top of
the column or columns intersecting the line where the
letter "P" is set.
(d) A use is permitted by the chart when the letter "q"
followed by a number or numbers is set in the line
opposite the designation of the use but only:
(i) in the use district designated at the top of the
column or columns intersecting the line where the
letter "q" followed by a number is set; and
(ii) subject to the qualification or qualifications in
subsection (2) bearing the number or numbers that
follow the letter "q".
(e) Uses accessory to a use that is permitted by the chart are
themselves permitted by the chart as accessory uses when
an asterisk is set in the line opposite the designation of
the use and in the column under the heading "Acc." but
only in the use district designated at the top of the
column or columns intersecting the line where the letter
"P" or the letter "q" is set.
(f) Following is the chart:
CHART
(a) RESIDENTIAL USES Acc. G CR IC T
(i) HOUSING COMPRISING DWELLING UNITS
apartment building * P
artist live/work studio * P
dwelling units in a building - one or * q1
more
live-work unit * q2
row house * P
senior citizens' housing * P
single persons' housing * P
(ii)SHARED HOUSING CONTAINING
DWELLING ROOMS
dwelling rooms in a building - one or * q1
more
crisis care facility * q3
home for the aged * P
hostel * P
monastery, nunnery or religious retreat* P
nursing home, convalescent home or * P
rest home
residence owned and controlled by the * P
Y.M.C.A., Y.W.C.A., or Jewish Community Centre;
and a residence affiliated with a hospital or
university to house patients, students or
employees
residential care facility * q2
rooming house * P
tourist or guest home * P
university residence * P
(iii)ASSOCIATED/ACCESSORY RESIDENTIAL USES
parking area * P
parking garage * P
private garage * P
private home day care * P
parking station * q4
(b) NON-RESIDENTIAL USES
(i) PARKS, RECREATION, PLACES OF AMUSEMENT AND ASSEMBLY
arena, stadium or racetrack * P
club * P P
commercial baths * P P
golf course * P
park * P P P
pinball or electronic game * P
machine establishment
place of amusement * P P
place of assembly * P P
public park * P P P
public playground * P P P
(ii)COMMUNITY SERVICES, CULTURAL AND ARTS FACILITIES
ambulance station * P P P
clinic * P P
community centre * P P
day nursery * q5 P P
fire hall * P P P
high school or secondary school * P P
municipal community centre * P P
place of worship * P P
police station * P P
premises of a charitable institution, * q6 q6
non-profit institution or other community
or social agency
public art gallery * P
public library * P
public museum * P
public or separate elementary school * P P
Y.M.C.A., Y.W.C.A., Y.W.H.A., Y.W.H.A. * P
union hall * P
(iii)GENERAL INSTITUTIONS
college or university, * P
Royal Conservatory of Music
clinic, treatment or research centre or* P
hospital for the observation and
treatment of and for consultation with
alcoholics and addicts
post office * P P
premises of a charitable institution or* P
non-profit institution
private academic, philanthropic or * P
religious school
private hospital * P
psychiatric hospital * P
public art gallery * P
public hospital * P
public library * P
public museum * P
seminary or religious mission * P
union hall * P P
vocational school * P
(iv)RETAIL AND SERVICE SHOPS
auctioneer's premises * P P
bake shop * P P
branch of a bank or financial * P P
institution
brew-on-premises establishment * P P
caterer's shop * P P
courier service * q7 q7
dry cleaner's distributing station * P P
dry cleaning shop * P P
duplicating shop * P P
entertainment facility * P P
laundry shop * P P
pawnbroker's shop * P P
personal grooming establishment * P P
pet shop * P P
private art gallery * P P
restaurant/licensed facility * P P
retail store * P P
showroom * P P
service, rental or repair shop * P P
tailoring shop * P P
take-out restaurant * P P
(v) WORKSHOPS AND STUDIOS
artist's or photographer's studio * P P
communications and broadcasting * P P
custom workshop * P P
data processing establishment * P P
designer's studio * P
industrial computer service * P P
laboratory, class A * P P
performing arts studio * P
printing plant * q8 P
publisher * P P
research and development institute * P
software, design and development establishment * P
(vi)OFFICES
office * P P
(vii)AUTOMOBILE RELATED USES
automobile service and
repair shop * P P
automobile service station * P P
car washing establishment * P P
motor vehicle repair shop, class A * P P
motor vehicle repair shop, class B * P
parking area * P P P P
parking garage * P P
parking station * P q4 q4 q4
private garage * P
sales or hire garage * P P
taxicab stand or station * P P
(viii)WAREHOUSING AND STORAGE
cold storage locker plant * P P
cold storage plant * P
storage warehouse, class A * P
wholesaling establishment-general * P
(ix)INDUSTRIAL WORKSHOPS
bookbinder's shop * P
carpenter's shop * P
contractor's shop, class A * P
sheet metal shop * P
welder's shop * P
(x)MANUFACTURING AND RELATED USES
ceramics factory * P
fur goods factory * P
garment factory * P
packaging plant * P
pharmaceutical factory - secondary * P
plastic products factory - secondary * P
wholly enclosed manufacturing plant * P
wholly enclosed metal wares factory * P
(xi)PUBLIC
pedestrian walkway * P P P P
(xii)TRANSPORTATION, DISTRIBUTION AND RELATED USES
public transit, including service and * P P P
repair yards
railway, including service and repair * P
yards
railway station * P
(xiii)MISCELLANEOUS USES
animal hospital * P P
commercial bakery * P
commercial school * P P
hotel * P
massage establishment * P
market gardening * P
newspaper plant * P P
observatory * P P
open air market * P
ornamental structure * P P P
trade school * P P
undertaker's establishment * P
(2) QUALIFICATIONS TO BE COMPLIED WITH BEFORE CERTAIN USES ARE
PERMITTED IN G, CR, IC AND T DISTRICTS
1. One or more dwelling units or dwelling rooms are
permitted provided the building contains uses permitted
in the CR district.
2. A live-work unit is a permitted residential use, provided
the work component is restricted to the following uses or
classifications: office, workshop, studio, personal
grooming establishment or tailoring shop.
3. A crisis care facility or a residential care facility are
permitted, provided:
(i) the use occupies the whole of a fully detached
building;
(ii) the use is at least 245 metres from another crisis
care facility or residential care facility; and
(iii) in the case of a mixed-use building, a crisis
care facility occupies the whole of the
residential portion of the building.
4. A parking station is permitted, provided:
(i) any lights used for illumination are so arranged as
to divert the light away from adjacent premises;
(ii) a non-flexible guard rail or fence, or a wall is
erected along the portions of the boundary abutting
a street, excluding the portions used for access;
and
(iii) a fence of opaque construction, between 1.68
metres and 2 metres in height is erected on
any boundary abutting a lot on which a
dwelling unit is located.
5. A day nursery is permitted provided it is in a community
centre and is operated by a non-profit institution.
6. The premises of a charitable institution and/or a non-
profit institution or other community or social agency
are permitted uses provided they are used for the purpose
of providing a community service such as, but not limited
to, employment, immigration, counselling, welfare or
legal services.
7. A courier service is permitted, provided the non-
residential gross floor area does not exceed 150 square
metres.
8. A printing plant is permitted, provided not more than 10
persons are employed.
Regulations Applying to G Districts none
REGULATIONS APPLYING TO CR DISTRICTS
PART I - DENSITY
1. MAXIMUM FLOOR AREA: MIXED USE, NON-RESIDENTIAL AND RESIDENTIAL
BUILDINGS
No person shall, within a block listed in Column A below,
erect or use a non-residential building, residential building
or a mixed-use building:
(a) where the combined non-residential gross floor area of
all buildings or structures within the block exceeds the
amount set out in the corresponding row in Column B;
(b) where the combined residential gross floor area of all
buildings or structures within the block exceeds the
amount set out in the corresponding row in Column C; and
provided that in no case shall the combined non-residential
gross floor and residential gross floor area of all buildings
or structures within the block exceed the amount set out in
the corresponding row in Column D.
COLUMN A COLUMN B COLUMN C COLUMN D
BLOCK MAXIMUM MAXIMUM MAXIMUM
NON- RESIDENTIAL COMBINED
RESIDENTIAL GROSS FLOOR
GROSS FLOOR AREA AREA
FLOOR AREA (square (square
(square metres) metres)
metres)
block 18AB 21 127 0 21 127
block 18C 23 225 0 23 225
block 19 47 100 0 47 100
block 19A 12 242 0 12 242
block 20A 600 21 653 22 253
block 20B 617 23 788 24 405
block 21A 40 516 0 40 516
block 21B 48 193 0 48 193
block 22 40 900 39 394 40 900
block 23A 28 649 44 426 45 616
block 23B 784 27 242 28 026
block 28 36 458 0 36 458
2. EXCEPTION: ADDITIONAL NON-RESIDENTIAL GROSS FLOOR AREA: NON-
RESIDENTIAL OR MIXED USE BUILDINGS: COMMUNITY SERVICES AND
FACILITIES
Notwithstanding regulation 1, additional non-residential gross
floor area is permitted on a block listed in Column A below,
provided:
(i) the additional non-residential gross floor area is used
for one or more of the uses listed in section
5(1)(f)(b)(ii); and
(ii) the additional non-residential gross floor area does not
exceed the amount set out in the corresponding row in
Column B.
COLUMN A COLUMN B
BLOCK ADDITIONAL NON-RESIDENTIAL
GROSS FLOOR AREA (square metres)
block 18AB 1 597
block 18C 1 537
block 19 1 884
block 19A 9 400
block 20A 2 344
block 20B 2 936
block 21A 4 854
block 21B 5 745
block 22 4 627
block 23A 6 986
block 23B 4 599
block 28 3 998
3. EXCEPTION: ADDITIONAL NON-RESIDENTIAL GROSS FLOOR AREA:
PEDESTRIAN WALKWAYS: SITTING AREAS AND WASHROOMS
Notwithstanding regulation 1, additional non-residential gross
floor area is permitted, provided the additional non-
residential gross floor area is used for the purposes of:
(i) one or more pedestrian walkways that meet all of the
following standards:
A. provide direct access between streets, parks,
public buildings, and/or other public spaces or
between any such space and a similar walkway in an
adjacent building, a common outdoor space or a
T.T.C. subway station;
B. are located within 2 metres of grade;
C. are no narrower than 3 metres at any point;
D. are no wider than 5 metres at any point; and
E. are not used for any commercial purposes, including
hotel lobbies, retail areas, commercial display
areas or other rentable space; or
(ii) is used for the purposes of one or more washrooms or
sitting areas that have access to the pedestrian walkways
referred to in subparagraph (i).
4. EXCEPTION: NON-RESIDENTIAL GROSS FLOOR AREA: STREET-RELATED
RETAIL AND SERVICE USES:
(a) Notwithstanding regulation 1, no building or structure
shall be erected or used on a lot within block 18AB,
block 18C, block 19, block 21A, block 21B, block 22,
block 23A or block 28, having a non-residential gross
floor area exceeding 96 per cent of the maximum non-
residential gross floor area permitted thereon in
regulation 1.
(b) Notwithstanding regulation 1, no building or structure
shall be erected or used on a lot within block 20A or
block 23B, having any non-residential gross floor area.
(c) Paragraphs (a) and (b) shall not apply to prevent the
erection or use of non-residential gross floor area for
street related retail and service uses on a lot
delineated on Map 6 as being subject to a street related
retail and service use requirement, provided:
(i) such uses occupy at least 60 per cent of the
aggregate length of the portion of the frontage of
the lot delineated by the lines on Map 6 as being
subject to a street related retail and service use
requirement;
(ii) in no case shall the non-residential gross floor
area used for such purposes on a block, exceed the
maximum non-residential gross floor area permitted
in regulation 1; and
(iii) where a lot is subject to this paragraph and
paragraph (d), the combined non-residential
gross floor area provided to comply with the
requirements of both paragraphs, shall not
exceed the maximum non-residential gross floor
area permitted in regulation 1.
(d) No person shall, on a lot delineated on Map 6 as being
subject to a priority street related retail and service
use requirement, erect or use a building or structure
unless street related retail and service uses are
provided, and:
(i) at least 60 per cent of the aggregate length of the
portion of the frontage of the lot delineated on
Map 6 as being subject to a priority street related
retail and service use requirement, is used for
that purpose;
(ii) in no case shall the non-residential gross floor
area used for such purposes on a block, exceed the
maximum non-residential gross floor area permitted
in regulation 1; and
(iii) where a lot is subject to this paragraph and
paragraph (c), the combined non-residential
gross floor area provided to comply with the
requirements of both paragraphs, shall not
exceed the maximum non-residential gross floor
area permitted in regulation 1.
PART II - SETBACKS
1. WINDOW SEPARATION
No person shall erect a residential building or a mixed use
building on a lot in which a window of a dwelling unit (other
than a window of a kitchen or bathroom) or a window of a
dwelling room in the building is closer than:
(i) 11 metres to a window of another dwelling unit (other
than a window of a kitchen or bathroom) or a window of a
dwelling room on the same lot; or
(ii) 5.5 metres to a wall, or to a lot line that is not a
street line or that does not abut a public park;
2. PORTIONS OF BUILDINGS TO WHICH SETBACKS APPLY
Regulations 3 to 6, inclusive, apply only to those portions of
a building or structure above the natural or finished surface
of the ground, whichever is the lower, at all points adjacent
to the exterior walls of the building or structure.
3. REQUIRED SETBACKS
No person shall erect or use a building or structure or a part
thereof, except within a building envelope line defined by:
(i) the distances shown on Map 4 for the portion of the
building or structure between grade and elevation 110
metres; and
(ii) the distances shown on Map 5 for the portion of the
building or structure between elevation 110 metres and
the height limit applicable to the lot or portion of the
lot, shown on the Appendix "B" maps.
4. LOCATION AND SIZE OF BUILDING FACE
(a) Required Build to Zone
No person shall erect or use a building or structure or
a part thereof on a lot shown as being subject to a Build
to Zone indicated on Map 3, unless the area of the
exterior face of such building or structure occupies such
Build to Zone to the extent equal to or greater than the
product of the following formula:
the area = the X the X the
of the linear vertical required
Build to distance distance percentage
Zone of the of the of the
required lot Build to Build to
to be subject Zone set Zone
occupied to a out in required
by the Build to the to be
exterior Zone correspon occupied
face of indicated ding row by the
the by a in Column exterior
building letter C face of
or symbol the
structure correspon building
ding to or
that in structure
Column A required
to be
located
at the
Build to
Zone set
out in the
corresponding
row in
Column B
COLUMN A COLUMN B COLUMN C
MAP SYMBOL PERCENTAGE OF THE VERTICAL DISTANCE OF
as shown on BUILD TO ZONE THE BUILD TO ZONE
Map 3 REQUIRED TO BE
OCCUPIED
A 90 grade to elevation
110 metres
B 90 (i) grade to 10 metres
above grade
60 (ii) 10 metres above
grade to elevation
110 metres
(b) Exception: Build to Zones under 10 metres - Spadina
Avenue and Front Street West
(i) Notwithstanding paragraph (a), no person shall
erect or use a building or structure on a lot
subject to a Build to Zone abutting Spadina Avenue
and Front Street West as shown on Map 3, unless
such building or structure has a height of at least
10 metres above grade and the area of the exterior
face of such building or structure occupies such
Build to Zone to the extent equal to or greater
than the product of the following formula:
the area = the X 10 X 90%
of the linear metres
Build to distance
Zone of the
required lot
to be subject
occupied to a
by the Build to
exterior Zone
face of indicated
the by a
building letter
or symbol
structure corresponding
to that
in Column A
(ii) For the purposes of this paragraph, the exterior
face of the building or structure includes recessed
glazing and recessed solid panel construction that
is provided within 0.5 metres of the Build to Zone,
measured back from the Build to Zone.
(c) Exception: Build to Zone between 10 metres above grade
and elevation 110 metres - Spadina Avenue and Front
Street West
Notwithstanding paragraph (a), for that portion of the
building or structure between 10 metres above grade and
elevation 110 metres, on a lot subject to a Build to Zone
abutting Spadina Avenue and Front Street West, the area
of the exterior face of the portion of the building or
structure required to be located at or within 1.2 metres
of the required Build to Zone shown on Map 3, measured
back from such Build to Zone, shall be equal to or
greater than the product of the following formula:
the area = the X the X the
of the linear vertical required
Build to distance distance percentage
Zone of the of the of the
required portion portion Build to
to be of the of the Zone
occupied building building required
by the or or to be
exterior structure structure occupied
face of to be to be by the
the provided provided exterior
building within within face of
or the the the
structure vertical vertical building
distance distance or
of 10 of 10 structure
metres metres required
above above to be
grade to grade to located
elevation elevation at the
110 110 Build to
metres metres Zone set
out in
the
corresponding
row in
Column B
(d) Exception: Build to Zone between grade and elevation 110
metres - Excluding Spadina Avenue and Front Street West
Notwithstanding paragraph (a), on a lot subject to a
Build to Zone shown on Map 3, other than a lot subject to
paragraphs (b) and (c), for that portion of the building
or structure between grade and elevation 110 metres, the
area of the exterior face of the portion of the building
or structure located at or within 1.2 metres of the
required Build to Zone shown on Map 3, measured back from
such Build to Zone, shall be equal to or greater than the
product of the following formula:
the area = the X the X the
of the linear vertical required
Build to distance distance percentage
Zone of the of the of the
required lot portion Build to
to be subject of the Zone
occupied to a building required
by the Build to or to be
exterior Zone structure occupied
face of indicated to be by the
the by a provided exterior
building letter within face of
or symbol the the
structure corresponding vertical building
to that in distance or
Column A of grade structure
to as set
elevation out in
110 metres the
corresponding
row in
Column B
(e) Restriction: Buildings greater in height than elevation
110 metres
No person shall, erect or use a portion of a building or
structure on a lot above elevation 110 metres, as shown
on Map 4.
This paragraph shall not apply to that portion of a
building or structure, on a lot or a portion of a lot,
within the building envelope as shown on Map 5, provided
that:
(i) the area of the exterior face of such portion of
the building or structure between 10 metres above
grade and elevation 110 metres, is equal to or
greater than the area determined under paragraph
(a);
(ii) the portion of the exterior face of the building or
structure required under subparagraph (i), is
located at or within 1.2 metres of the required
Build to Zone shown on Map 3, measured back from
such Build to Zone; and
(iii) in no case shall the building or structure
exceed the height limit shown on the Appendix
"B" Maps.
(f) Required lot frontage and building face located on that
lot frontage
For the purposes of this regulation, no person shall
erect or use a building or structure or part thereof, on
any lot within a block subject to a Build to Zone as
shown on Map 3, unless:
(i) such lot has a minimum frontage on the required
Build to Zone, of 25 metres; and
(ii) such building or structure has a minimum of 25 per
cent of the exterior wall located at the setback
shown on Map 3 for the required Build to Zone.
(g) Treatment of colonnades and unenclosed balconies
For the purposes of this regulation, where the exterior
face of the building or structure includes a colonnade or
an unenclosed balcony, such exterior face shall be deemed
to include:
(i) the open area between any columns, measured along
the exterior face of such columns; and
(ii) openings for any unenclosed balcony, provided it is
not greater than 5.0 metres in depth.
5. EXCEPTION: PERMITTED PROJECTIONS INTO REQUIRED SETBACK AREA
Regulations 3 and 4 do not apply to the type of structure
listed in the column entitled "STRUCTURE" in the following
chart, provided the restrictions set out opposite the
structure in the column entitled "MAXIMUM PERMITTED
PROJECTION" are complied with.
STRUCTURE MAXIMUM PERMITTED PROJECTION
A. eaves, cornices or ornaments 1.0 metre
B. fences and safety railings no restriction provided the
height thereof does not
exceed 2.0 metres
C. canopy see regulation 6
D. bay window 0.6 metres from the wall to
which it is attached
E. balcony 0.6 metres from the wall to
which it is attached
F. doors, including revolving no restriction
doors
G. accessory buildings no restriction
within the area shown as
courtyard space on Map 4
and complying with
section 10(11)
6. COLONNADE AND CANOPY REQUIREMENTS
No person shall erect a building or structure on a lot subject
to a colonnade or canopy requirement as shown on Map 7, unless
the building or structure has a colonnade or a canopy around
the perimeter of the building or structure, shown on the said
map and in accordance with the following requirements:
(i) in the case of a colonnade:
A. the colonnade shall have a minimum clear width of
3.5 metres and a maximum width of 5.0 metres,
measured from the interior face of the exterior
column;
B. the colonnade shall have a minimum vertical
clearance of 4.5 metres, except for beams,
suspended lighting fixtures, and signing elements
which may have a minimum vertical clearance of 3.5
metres;
C. subparagraphs A and B shall not preclude wall
mounted elements not exceeding a projection of 0.5
metres;
D. at least 12% of the length of the colonnade must be
occupied by columns but not more than 20% of the
length of a colonnade shall be occupied by columns
or any other obstruction; and
(ii) in the case of a canopy:
A. a canopy shall have a minimum vertical clearance of
3.0 metres and a maximum vertical clearance of 4.0
metres;
B. a canopy shall cover an area with a minimum
horizontal clear width of 3.0 metres, which shall
be free of pillars and any obstruction, measured
from the exterior face of the exterior wall of the
building; and
C. up to a maximum of 15% of the length of a canopy on
any one building or structure may exceed the
maximum vertical clearance required by subparagraph
A.
7. SEPARATION OF PROPANE TANK FROM RESIDENTIAL USES
No person shall erect or use any tank for the storage of
propane for sale at an automobile service station within 7.5
metres of any lot containing one of the uses permitted by
Section 5(1)(f)(a) unless such tank is separated from the lot
by an unpierced wall or fence of non-combustible construction
having a height of 2.0 metres above the level of the ground
adjoining the tank.
PART III - OPEN SPACE
1. COMMON OUTDOOR SPACE: NON-RESIDENTIAL AND MIXED USE BUILDINGS
No person shall erect or use a non-residential building or a
mixed-use building on a lot, if the lot has less common
outdoor space than the amount required by the following table:
NUMBER OF FRONTAGES COMMON OUTDOOR SPACE
OF THE LOT REQUIREMENT
one 1.5% of the non-residential
gross floor area contained in
the building or structure or
4.5% of the lot area, whichever
is less
two 3.0% of the non-residential
gross floor area contained in
the building or structure or
9.0% of the lot area, whichever
is less
three 4.5% of the non-residential
gross floor area contained in
the building or structure or
13.5% of the lot area,
whichever is less
four 6.0% of the non-residential
gross floor area contained in
the building or structure or
18% of the lot area, whichever
is less
PART IV - EXCEPTIONS TO PERMITTED USES AND RESTRICTIONS ON USE
1. DWELLING UNITS BELOW GRADE
No person shall in any CR district, erect or use any building
or structure having more than one basement or floor level
below or partly below grade containing dwelling units.
2. ENTRANCE TO COMMERCIAL BUILDINGS
No person shall on any lot in any CR district erect or use a
building or any portion thereof for any commercial use unless:
(i) the main floor is located within 0.2 metres of the
sidewalk level directly opposite the door to every
commercial unit;
(ii) the main floor level has a depth of not less than 7.5
metres measured from the main front wall of the building
and a width of at least 60% of any street frontage of the
building; and
(iii) all exterior entrance doors, other than service
entrance doors, which provide access to a
commercial use within the building, shall be
directly accessible from the public sidewalk by a
level surface or a ramp not exceeding a gradient of
1 in 25 (4 per cent).
3. MINIMUM AVERAGE UNIT SIZE
No person shall erect or use a building or structure
containing 100 or more dwelling units unless the average floor
area of the dwelling units, as measured from the exterior
walls of such units, is at least 50 square metres.
4. NON-RESIDENTIAL GROSS FLOOR AREA: DAY NURSERY
Notwithstanding section 7 PART I 1 and 2, additional non-
residential gross floor area or residential gross floor area
is permitted on block 20A, block 20B, block 21A, block 21B,
block 22, block 23A or block 23B, provided:
(i) one non-profit day nursery is provided on a lot on one of
the foregoing blocks;
(ii) the non-residential gross floor area used for the day
nursery does not exceed 736 square metres;
(iii) the additional non-residential gross floor area and
residential gross floor area exclusive of the non-
residential gross floor area provided under
subparagraph (ii):
A. does not exceed an amount equal to three times the
amount of non-residential gross floor area used for
the day nursery to a maximum of 2,208 square
metres; and
B. is provided on the same lot as the day nursery;
(iv) the non-residential gross floor area and residential
gross floor area provided under subparagraphs (ii) and
(iii) shall:
A. be excluded from the gross floor area limits set
out in section 7 PART I 1;
B. be included in the non-residential gross floor area
exemption provided under section 7 PART I 2 and any
residential gross floor area provided under this
regulation shall be included as non-residential
gross floor area for the purposes of section 7 PART
I 2;
C. in the case of block 20A or block 20 B, may exceed
the amount set out in section 7 PART I 2, provided
the amount of non-residential gross floor area does
not exceed the amount set out in subparagraph
(iii)A; and
(v) the provision of the non-profit day nursery is secured by
one or more agreements satisfactory to the Corporation,
at no cost to either the Corporation or the non-profit
day nursery provider, which agreements are registered
against the title of the said lot.
REGULATIONS APPLYING TO IC DISTRICTS
PART I - DENSITY
1. MAXIMUM NON-RESIDENTIAL GROSS FLOOR AREA
No person shall erect or use a non-residential building or
non-residential structure in a D7 zone, having a greater non-
residential gross floor area than 7.0 times the lot area.
2. MAXIMUM NON-RESIDENTIAL GROSS FLOOR AREA FOR CERTAIN USES:
SYMBOL N
Notwithstanding regulation 1, no person shall erect or use a
building on a lot in which the non-residential gross floor
area or portion of the non-residential gross floor area used
for any of the uses listed in sections 5(1)(f)(b)(iii), (iv),
(vi), (vii) and (xiii), exceeds the product of the lot area
multiplied by the number following the symbol N as shown on
the Appendix "A" maps for the zone in which the lot is
located.
3. EXCEPTION: ADDITIONAL NON-RESIDENTIAL GROSS FLOOR AREA -
PEDESTRIAN WALKWAYS, COMMUNITY SERVICES AND FACILITIES
None of the provisions of regulation 1 shall apply to prohibit
the use or erection of a building or structure on a lot having
a greater non-residential gross floor area than permitted by
the said paragraph in a non-residential building on a lot in
an IC district, provided that:
(a) such additional non-residential gross floor area is used
for the purposes of one or more pedestrian walkways that
meet all of the following standards:
(i) provide direct access between streets, parks,
public buildings, and/or other public spaces or
between any such space and a similar walkway in an
adjacent building, a common outdoor space or a
T.T.C. subway station;
(ii) are located within 2 metres of grade;
(iii) are no narrower than 3 metres at any point;
(iv) are no wider than 5 metres at any point; and
(v) are not used for any commercial purposes, including
hotel lobbies, retail areas, commercial display
areas or other rentable space;
or is used for the purposes of one or more washrooms or
sitting areas that have access to such walkways; or
(b) such additional non-residential gross floor area is used
for the purposes of one or more of the following uses:
a community centre, a day nursery, a union hall having a
non-residential gross floor area not exceeding 1394
square metres, and does not exceed 0.8 times the lot
area.
4. EXCEPTION: ADDITIONAL NON-RESIDENTIAL GROSS FLOOR AREA -
STREET RELATED RETAIL AND SERVICE USES
(a) Notwithstanding regulation 1, no person shall erect or
use a building or structure on a lot in a D7 zone having
a non-residential gross floor area exceeding 6.7 times
the lot area.
(b) None of the provisions of paragraph (a) shall apply to
prevent the erection or use of additional non-residential
gross floor area for commercial purposes on a lot in a D7
zone which lot contains street-related retail and service
uses, provided that such additional floor area does not
exceed the lesser of:
(i) 0.3 times the area of the lot; or
(ii) the floor area determined by the following formula:
the aggregate length of the
portions of the frontages of
the lot which face street-
related retail and service uses the
Floor Area = 1/2 X ------------------------------- X area the aggregate length of of the
the frontages of the lot. lot
PART II - SETBACKS
none
PART III - COMMON OUTDOOR SPACE
1. (a) No person shall erect or use a non-residential building
or a mixed-use building on a lot, if the lot has less
common outdoor space than the amount required by the
following table:
NUMBER OF FRONTAGES COMMON OUTDOOR SPACE
OF THE LOT REQUIREMENTS
one 1.5% of the non-residential
gross floor area contained
in the building or
structure or 4.5% of the
lot area, whichever is less
two 3.0% of the non-residential
gross floor area contained
in the building or
structure or 9.0% of the
lot area, whichever is less
three 4.5% of the non-residential
gross floor area contained
in the building or
structure or 13.5% of the
lot area, whichever is less
four 6.0% of the non-residential
gross floor area contained
in the building or
structure or 18% of the lot
area, whichever is less
(b) In determining the amount of common outdoor space
required to be provided on the lot pursuant to paragraph
(a), any portion of the lot which is leased to the
Corporation of the City of Toronto for public park
purposes, shall, notwithstanding such lease, be deemed to
be common outdoor space provided on the lot by the owner
thereof.
PART IV - EXCEPTIONS TO PERMITTED USES AND RESTRICTIONS ON USE
none
PART I - DENSITY
none
PART II - SETBACKS
none
PART III - COMMON OUTDOOR SPACE
none
PART IV - EXCEPTIONS TO PERMITTED USE AND RESTRICTIONS ON USE
1. Notwithstanding the provisions of section 5(1) an urban
stadium and multi-purpose facility may be constructed within
a T zone located east of Spadina Avenue.
(1) BY-LAW EXEMPTION: GOVERNMENT, GOVERNMENT AGENCIES, TELEPHONE
COMPANY
None of the provisions of this by-law shall apply to prevent
the use of any land or the erection or use of any building or
structure in any District for the purposes of the public
service by the Corporation or any local board thereof, as
defined by the Municipal Affairs Act, the Municipality of
Metropolitan Toronto, the Board of Education for the City of
Toronto or the Metropolitan Separate School Board, the Toronto
Harbour Commissioners, any telephone or telegraph company, any
Department or agency of the Government of Ontario or Canada,
including Ontario Hydro, provided that where such land,
building or structure is located in any District:
(i) no goods, material or equipment shall be stored in the
open;
(ii) the provisions of this by-law respecting common outdoor
space and height of buildings or structures are complied
with; and
(iii) any building erected under the provisions of this
subsection shall be designed and maintained in
general harmony with buildings of the type
permitted in the said districts;
(2) USE EXEMPTION: COMMUNICATIONS TOWER
Notwithstanding the provisions of section 5(1) and subject to
section 10(4)(vii)B, a communications tower with related and
accessory uses including the following: telecommunication
uses, recreational uses, entertainment uses, administrative
offices, restaurant/licensed facility, retail stores,
entertainment facility, place of amusement, place of assembly
and a maximum of 75 parking spaces located in an underground
parking structure is permitted to be erected and maintained in
the public park located on the lands zoned G, east of the
urban stadium and multi-purpose facility.
(3) USE EXEMPTION: STADIUM
Notwithstanding the provisions of section 5(1), an urban
stadium and multi-purpose facility and accessory uses thereto
shall be permitted to be erected and used on the lands
designated as Area 1, Area 2 and Area 3 delineated by lines on
the map at the end of this exception, provided that:
(i) no part of such urban stadium and multi-purpose facility,
including any accessory uses, that is located within Area
2 is located above the level which is located at 81.0
metres above the Canadian Geodetic Datum; and
(ii) no part of such urban stadium and multi-purpose facility,
including any accessory uses, that is located within Area
3:
A. is used for any purpose other than ingress, egress,
loading and service uses; and
B. is located above the level which is located at 81.0
metres above the Canadian Geodetic Datum.
Lands referred to in Section 10(3).
(4) USE EXEMPTION: STADIUM
Notwithstanding the provisions of section 5(1), an urban
stadium and multi-purpose facility, a public park and any use
which is accessory to the foregoing uses on the lands
designated as Parcel A, Parcel B, Area 4, Area 5, Area 6 and
Area 8, delineated by lines on the map at the end of exception
3, provided that:
(i) with the exception of a security booth not exceeding 10
square metres in area, safety railing, lighting and
directional signs relating to parking, no part of such
urban stadium and multi-purpose facility, including any
accessory uses, that is located within Area 4:
A. is used for any purpose other than ingress, egress,
loading and service uses; and
B. is located above the level which is located at 81.0
metres above the Canadian Geodetic Datum;
(ii) no part of such urban stadium and multi-purpose facility,
including any accessory uses, that is located within Area
5:
A. that is located below the level which is located at
81.0 metres above the Canadian Geodetic Datum is
used for any purpose other than ingress, egress,
loading and service uses; and
B. that is located at or above the level which is
located at 81.0 metres above the Canadian Geodetic
Datum, is used for any purpose other than canopies,
balconies, enclosed balconies and lighting, signage
and banners exclusively devoted to the urban
stadium and multi-purpose facility;
(iii) no part of such urban stadium and multi-purpose
facility, including any accessory uses, that is
located within Area 6 is used for any purpose or
located other than at or above the level described
in clause (ii)B;
(iv) with the exception of canopies, banners, signage and
lighting exclusively devoted to the urban stadium and
multi-purpose facility, no part of such urban stadium and
multi-purpose facility, including any accessory uses,
that is located within Area 7 is located above the level
which is located at 90.0 metres above the Canadian
Geodetic Datum;
(v) no part of such urban stadium and multi-purpose facility,
including any accessory uses, that is located within Area
8:
A. is used for any purpose other than ingress and
egress; and
B. is located above the level which is located at 90.0
metres above the Canadian Geodetic Datum;
(vi) notwithstanding the provisions of Sections 4(5), 5 and 7:
A. a minimum of 300 parking spaces and a maximum of
500 parking spaces are provided and maintained on
Parcel A for the exclusive use of such urban
stadium and multi-purpose facility;
B. an aggregate minimum of 1900 square metres of
loading area is provided and maintained on Parcel A
and Areas 3, 4 and 5; and
C. space for the parking of a minimum of 125 charter
buses is provided and maintained on either:
(i) Parcel A, block 23A or block 23B, in a parking
station notwithstanding section 4(5)(m) and
that a charge may levied for the service; and
(ii) where the parking spaces are to be provided in
a parking garage, the parking garage may be
located on either block 18C, block 20A, block
20B, block 23A or block 23B.
(vii) notwithstanding the provisions of clause (vi)A, up
to 575 parking spaces may be provided on Parcel A,
provided that:
A. no more than 500 parking spaces are provided and
maintained for the exclusive use of such urban
stadium and multi-purpose facility; and
B. the 75 parking spaces permitted by Section 10(2)
are reduced by the number of parking spaces in
excess of 500 which are located on Parcel A;
(viii) Parcel A is not used for any purpose other than an
urban stadium and multi-purpose facility, a public
park and any use which is accessory to the
foregoing uses; and
(ix) no part of such urban stadium and multi-purpose facility
that is located on Parcel B is used for any purpose other
than canopies, signage, banners or lighting;
(5) EXEMPTION: NON-RESIDENTIAL GROSS FLOOR AREA - STADIUM
Notwithstanding the provisions of section 7 PART I 1, no part
of any urban stadium and multi-purpose facility erected or
used on the lands designated Parcel A, Area 4, Area 5, Area 6
or Area 8, delineated by lines on the map at the end of
exception 3, from being included in any calculation of non-
residential gross floor area otherwise permitted on such
lands.
(6) USE OF LAND FOR LOCATION FILMING
None of the provisions of this by-law or of any restrictive
by-law, shall apply to prevent the use of any land, building
or structure for the purpose of location filming.
(7) EXEMPTION: 325 FRONT STREET WEST
Notwithstanding the provisions of Section 2, Section 4(5) and
Section 5(1), a building or structure used for one or more of
the uses permitted by section 5(1) as it pertains to IC
districts, for the purposes of a computer service firm or
other establishment using computers as a major component of
its operations for data processing including systems software
design and related applications and operations may be erected
or used on the lands known in the year 1986 as 325 Front
Street West provided that a minimum of 395 parking spaces are
provided and maintained on the lot as follows:
Phase I 64 parking spaces
Phase II 265 parking spaces
Phase III 66 parking spaces
TOTAL 395 parking spaces
For the purpose of this paragraph,
(i) Phase I is the building existing on the lands in the year
1984.
(ii) Phase II is the development approved by Council at its
meeting of July 16, 1984, as may be amended and approved
by Council.
(iii) Phase III is the development approved by Council at
its meeting of August 20, 1979 and November 12,
1979, as may be amended and approved by Council.
(8) USE EXEMPTION: STADIUM
Notwithstanding the provisions of section 5(1), an urban
stadium and multi-purpose facility and accessory uses thereto
shall be permitted to be erected and used on the lands
designated as Area 9, delineated by lines on the map appended
to exception 3, provided that no part of such urban stadium
and multi-purpose facility, including any accessory uses
thereto, that is located within Area 9 is used for any purpose
other than ingress, egress and landscaped open space.
(9) RAIL CORRIDOR SETBACK: USE RESTRICTIONS
Notwithstanding the provisions of section 5(1), no person
shall erect or use any building or structure or part thereof
for:
(i) any use other than a park, public park, pedestrian
walkway or bicycle path, on the lands delineated by lines
on the map at the end of this exception; or
(ii) a day nursery on block 21A, block 21B or block 28, within
an area 30 metres from the north limit of the Rail
Corridor shown on Map 2, deducting from that dimension
the vertical difference between the top of the
northernmost rail in the Rail Corridor and the final
elevation of any adjacent embankment, parking facility
wall or retaining wall, but excluding the height of any
free-standing wall.
Lands referred to in Section 10(9).
(10) SKYDOME RECREATION CLUB
For the purposes of this by-law, an athletic or recreational
club located partly on private lands and partly on that part
of Peter Street South located within Area 7, delineated by
lines on the map appended to exception 3, shall be deemed to
be a club.
(11) COURTYARD SPACE REQUIREMENT: BLOCKS 20A, 20B, 23A AND 23B
No person shall erect a building or structure on a lot on
block 20A, block 20B, block 23A or block 23B, unless a
courtyard is provided, where:
(i) no part of the finished surface of the courtyard is more
than 1.0 metre above or below elevation 83.0 metres;
(ii) the boundary of the courtyard on the lot shall not be
less than that indicated on Map 4 for the subject lot;
(iii) within the area outlined in subparagraph (ii), only
a building, structure or part of a building,
accessory to the courtyard space, or accessory to a
permitted use below the courtyard space is
permitted; and
(iv) for the purposes of this paragraph, courtyard space means
an unenclosed, sodded or landscaped exterior area or
areas, providing vehicular access, service and drop-off
to buildings, amenities for the benefit and enjoyment of
pedestrians and which may be used to provide common
outdoor space and residential amenity space as required
by this by-law.
(12) PARKING BELOW COURTYARD SPACE: BLOCK 20A, BLOCK 20B, BLOCK
23A, BLOCK 23B
Notwithstanding section 7 PART II 3, where courtyard space is
provided in accordance with the provisions set out in
exception (11), parking spaces may be constructed above grade
but below the level of the courtyard space, within a parking
garage, provided no part of the parking garage is above the
finished surface of the courtyard space.
For the purposes of this exception:
(i) the expression parking garage shall have the same meaning
as set out in section 2, with the exception that it may
be provided above grade; and
(ii) the expression non-residential gross floor area shall not
include parking spaces, required under section 4(5),
provided in accordance with this exception.
(13) USE PERMISSION: RAILWAY PURPOSES
Notwithstanding section 5(1), on block 21A, block 21B and
block 28, any administrative, engineering, maintenance, repair
or storage use related to the normal operations of the
railway, including public transit, are permitted uses.
(14) RAMPS AND ELEVATING DEVICES
None of the provisions of this by-law shall prevent the
erection or use of a ramp and railing and/or elevating device
for use by disabled persons, provided:
(i) in the case of a ramp it is no wider than 1.5 metres;
(ii) in the case of a ramp that changes direction each portion
of the ramp is no wider than 1.5 metres; and
(iii) in no case shall the ramp exceed a maximum slope of
1:12.
(15) MINIMUM HEIGHT: NAVY WHARF COURT
No person shall erect or use a building or structure or a
portion thereof, within the area delineated by lines on the
map at the end of this exception, within a height of 7.0
metres measured from the finished elevation of the ground at
all points within the said area.
Lands referred to in Section 10(15).
(16) COMMON OUTDOOR SPACE EXEMPTION: BLOCKS 21A AND 21B
Notwithstanding the meaning of the expression common outdoor
space contained in section 2, on block 21A or block 21B, the
required common outdoor space may be located within 5 metres
of grade.
(17) PARKING GARAGE EXCEPTION: 65 NAVY WHARF COURT
Notwithstanding the provisions of section 5(1), the existing
commercial parking garage is a permitted use on the lands
known municipally in the year 1993 as 65 Navy Wharf Court.
For the purposes of this exception, the expression commercial
parking garage means a building or portion of a building used
for the temporary parking of motor vehicles as a principal use
on a lot.
REPLACEMENT OF BY-LAW NO. 612-85
INSOFAR AS IT APPLIES
TO THE RAILWAY LANDS - CENTRAL
(1) By-law No. 612-85 being "A By-law To regulate the use of land
and the erection, use, bulk, height, spacing of and other
matters relating to buildings and structures and to prohibit
certain uses of lands and the erection and use of certain
buildings and structures in various areas of the Railway
Lands." no longer applies to the Railway Lands - Central and
is superseded and replaced, with respect to the Railway Lands
- Central, by the provisions of this by-law.
PURSUANT TO THE ONTARIO MUNICIPAL BOARD ORDER DATED OCTOBER 28,
1994.