March 17, 1998
To:Toronto Community Council
From:Commissioner of Urban Planning and Development Services
Subject:New Uniform Building Permit By-law - Related Amendments to Former City of Toronto Municipal Code. (All
Wards of former City of Toronto)
Purpose:
To maintain certain encroachment and parks levy appraisal fees and practices in the former City of Toronto pending a
city-wide service review.
Source of Funds:
Not applicable.
Recommendation:
That Council authorize the introduction of a bill in Council, substantially in the form of the draft by-law attached to this
report, to amend the Municipal Code of the former City of Toronto by relocating provisions related to the duties of the City
Surveyor, projections over public property, highway encroachments, and calculation of parks levy appraisal fees.
Comments:
I have submitted a report to the March 23, 1998 Urban Environment and Development Committee which recommends the
adoption of a new unified building permit by-law. If adopted, the by-law will repeal the building permit by-laws of the
former municipalities which make up the new City. The former City of Toronto's building permit by-law included several
provisions which were not strictly related to the building permit process. I propose that these elements be relocated to more
suitable parts of the former City of Toronto Municipal Code so they may continue.
Specifically, I recommend that the duties of the City Surveyor in approving surveys and site plans associated with building
permit applications (including collection of fees), allowances for building projections over public property and
encroachments over and under highways be relocated to a new Article of the Municipal Code of the former City of Toronto.
Likewise, the provisions related to the fee for carrying out parks levy appraisals be relocated to Chapter 165, Development
of Land.
These practices are expected to remain in place until a city-wide service review has been completed.
Conclusion
I recommend that the Municipal Code of the former City of Toronto be amended by relocating provisions related to the
duties of the City Surveyor, projections over public property, highway encroachments and calculation of parks levy
appraisal fees.
Contact Name:David Brezer, P.Eng
Telephone:(416) 392-0097
Fax:(416) 392-0721
E-mail:dbrezer@city.toronto.on.ca
Virginia West
Commissioner
BB/DB/db
(p:\1998\ug\uds\bld\980005.bld)
CITY OF TORONTO
DRAFT: BY-LAW No.
To amend former City of Toronto Municipal Code Ch. 146, Building Construction and Demolition, respecting
encroachments or projections on public property and Article I, Conveyance of Land for Parks Purposes, of Ch. 165,
respecting a parks levy appraisal fee.
WHEREAS the proposed Building Permit By-law will repeal Article I, Building Permits, of Municipal Code Chapter 146,
Building Construction and Demolition, of the former City of Toronto and '' 146-6A(6) and (7), 146-11, 146-12 and 146-13
of this Article need to be continued under other provisions of the former City of Toronto Municipal Code;
The Council of the City of Toronto HEREBY ENACTS as follows:
1.Municipal Code Chapter 146, Building Construction and Demolition, of the former City of Toronto is amended by
adding the following Article:
ARTICLE IV
ENCROACHMENTS OR PROJECTIONS OVER PUBLIC PROPERTY
' 146-18. Duties of City Surveyor.
The Chief Building Official shall deliver one (1) copy of the site plans and two (2) copies of current plans of survey for a
permit application under the Building Code Act, 1992, to the City Surveyor, who shall:
A.Examine any plan of survey and assess its suitability for site inspection purposes, and make a notation on the face of the
plan of survey as to that suitability, and return a copy of the plan of survey to the Chief Building Official;
B.File a copy of any plan of survey with the records of the City Surveyor;
C.Inspect the location of the work for compliance with the site plans;
D.Report to the Chief Building Official any encroachments over a public highway or property line, and as requested by
the Chief Building Official, any shortages in setbacks from any property line; and
E.Upon completion of the work, report to the Chief Building Official on the compliance, or lack of compliance, of the
work with respect to the site plans.
F.The fee for all permits under the Building Code Act, 1992, requiring a survey shall be as follows and is in addition to
any permit fees under that Act:
(1)Fifty dollars ($50.), to be increased effective January 1, 1995, to one hundred dollars ($100.);
(2)The fee set out in Subsection F(1) shall automatically increase on the 1st day of January of 1996 and each subsequent
year by the percentage increase in the "All Items Index" of the Consumer Price Index (not seasonally adjusted) for the
Toronto Census Metropolitan Area, published by Statistics Canada, for the twelve-month period ending on October 1st in
the year immediately preceding the year of the rate increase.
' 146-19. Projections over public property.
A.For the purpose of this section, "established grade" shall mean the grade which has been established by the City
department responsible for public works or, in any case where no grade has been so established, the grade which is
established by the City department responsible for public works.
B.Information relative to an established grade may be obtained from the City department responsible for public works on
the submission of a written application.
C.All heights in this section shall be measured from the established grade to the underside of the projection in question.
D.No part of any building or structure shall project over any highway or other public property except as follows:
(1)Any awning container, awning cover or any cornice on or over any storefront may project not more than thirty-eight
hundredths (0.38) metre if in each case the container, cover or cornice is not less than three and five-hundredths (3.05)
metres in height above established grade.
(2)Any band, belt or string course, sill, base, capital, bracket, keystone, sculpture, or other architectural or structural
feature of a similar nature, may project not more than twenty-five hundredths (0.25) metre over the street line if in each
case the projection is not less than twenty-five hundredths (0.25) metre in height above the established grade.
(3)The main cornice or eaves of any building may project within the limit of a scale graduated, according to height above
established grade, from a maximum of thirty-eight hundredths (0.38) metre at a height of twenty-five hundredths (0.25)
metre to a maximum of ninety-one hundredths (0.91) metre, at a height of eighteen and twenty-nine hundredths (18.29)
metres, and ninety-one hundredths (0.91) metre shall be the maximum projection for any cornice or eaves exceeding
eighteen and twenty-nine hundredths (18.29) metres in height.
(4)Any intermediate or pediment cornice, or any balcony may project to a maximum of fifty-one hundredths (0.51) metre
except that in no case shall the cornice or balcony project beyond the limitation prescribed for a main cornice or eaves in
Subsection D(3).
' 146-20. Highway encroachments.
A.Whenever either the Chief Building Official or the City Surveyor ascertains that any building or structure or part of any
building or structure encroaches or is being constructed or erected in a manner or location that it will upon or before
completion encroach upon, over or under any highway, he or she shall notify the owner of the building or structure and the
person, if any, to whom the necessary building permit has been issued to remove the encroachment immediately after
notice or cease work as the case may be.
B.In default of removal of any encroachment as required under Subsection A, the Commissioner of Public Works and the
Environment may remove it at the expense of the owner and the City may recover the expense incurred by action or the
expense may be recovered in like manner as municipal taxes.
C.This section does not apply to:
(1)Any encroachment upon, over or under any highway if the encroachment was constructed prior to the first day of
January, 1940;
(2)Any projection permitted in ' 146-19; or
(3)Any encroachment authorized by Council or by any by-law of the City.
2. Section 165-11 of Article I, Conveyance of Land for Parks Purposes of Municipal Code Chapter 165, Development of
Land, of the former City of Toronto is amended by adding the following subsection:
C. Parks levy appraisal fee.
(1)The fee for carrying out an appraisal to determine the payment under this Article is in addition to any permit fees under
the Building Permit By-law, and is calculated as follows:
(a)Five hundred dollars ($500.) plus one dollar ($1.) per square metre of "building area" to a maximum amount of six
thousand dollars ($6,000.).
(b)Despite Subsection C(1)(a), in no instance shall the amount of the fee for carrying out an appraisal exceed twenty per
cent (20%) of the payment required by this Article.
ENACTED AND PASSED THIS day of , A.D. 1998.
MayorCity Clerk
0190162.01