July 8, 1996
To:Toronto Community Council
From:Commissioner of Urban Planning and Development Services
Subject:Development Approvals for Cemeteries (Wards 19-26)
Purpose:
To recommend appropriate zoning regulations for cemetery sites located in the former City
of Toronto; to incorporate a public hearing process for reviewing applications for
crematoria; and to make development in cemetery sites subject to the site plan approval
process.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
It is recommended:
1.That the Commissioner of Urban Planning and Development Services hold a public
meeting to discuss the proposals contained in this report.
2.That copies of this report be forwarded for comment to all cemetery operators within
Wards 19 to 26 inclusive and the Residents' Associations adjacent to the cemeteries listed in
Appendix A of this report and to advise them of the date of the public meeting.
3.That I be requested to report back to Toronto Community Council on the outcome of the
meeting and forward to Council a by-law setting out the recommended standards for
cemetery sites in the former City of Toronto.
4.That urban design guidelines for cemetery sites be developed to assist in the review of
future site plan applications and be brought forward to Toronto Community Council for
adoption.
Background:
At its Special Meeting held on December 8, 1997, the former City of Toronto Council gave
consideration to Clause 16, contained in Executive Committee Report No. 25, titled
"Approval Under the Cemeteries Act (Revised) - St. John's Cemetery, Norway - 256
Kingston Road" which approved the establishment of a crematorium at 256 Kingston Road
and requested the Commissioner of Urban Development Services to report further on
appropriate zoning regulations for cemetery sites, including height limits and setbacks, as
well as any site plan requirements for development of these properties.
Under the current regulatory system in the former City of Toronto, the establishment of new
crematoria, such as the one located at 256 Kingston Road, can occur without any public
consultation or community input. The review of that proposal has also brought to light a
number of zoning issues with respect to the regulation of cemeteries.
Comments:
Prior to 1991, the existing cemeteries and crematoria located in the former City of Toronto
were considered non-conforming uses. Any proposed changes to these land uses required a
rezoning application and a full planning review of the matter. By-law 425-93 introduced
Section 12 (1) 313 into Zoning By-law 438-86, as a permissive exception, which
recognized, as-of-right, a cemetery, columbarium, crematorium or mausoleum and
associated uses, as defined by the Cemeteries Act, on the lands where they currently exist.
The attached map shows these cemetery locations. The current Zoning By-law 438-86, as
amended, now recognizes all of the existing cemeteries in the former City of Toronto (list
attached as Appendix A) but does not include any restrictions in terms of height, massing or
setbacks on most buildings or structures that may be built on a cemetery property.
Zoning By-law and Site Planning Issues:
a)Height
There are currently ten cemeteries in the former City of Toronto with only four of these
sites covered by a height limit in the Zoning By-law. These height limits range from 9 to 12
metres. In order to be consistent throughout the former City, I am recommending that a
height limit of 10 metres be introduced into the Zoning By-law for the cemetery sites not
currently covered by a height limit and properties listed in Appendix A which have different
height limits. Ten metres is the most common height limit found on the existing cemetery
properties. Most of the cemetery sites are surrounded by low density residence areas.
Generally, low density residence areas have height limits of 10 metres. The chart attached as
Appendix A in this report sets out the existing height limits in place for cemetery properties
and the adjacent properties.
Recommended change: That the Zoning By-law height maps be amended to include a
height limitation of 10 metres for the following cemetery locations:
i)Mount Pleasant Cemetery, 1643 Yonge Street
ii)Mount Pleasant Cemetery, 1250 Bayview Avenue
iii)Mount Pleasant Cemetery, 551R Merton Street
iv)St. Michael's Cemetery, 1414 Yonge Street
v)St. James Cemetery, 635 Parliament Street
vi)Roselawn Lambton Cemetery, Roselawn
vii)Prospect Cemetery, 1450 St. Clair Avenue West
viii)Necropolis Cemetery, 200 Winchester Street
ix)Holy Blossom, 317 Pape Avenue
b)Setbacks
At present, the traditional uses found in cemeteries such as chapels, administration
buildings, tool and equipment sheds, etc., do not require setbacks from any lot line. There
have been inquiries for proposed mausoleums with heights of up to 8 storeys. The potential
for impacts on surrounding residential properties exists if no setbacks are applied. Therefore,
I am recommending a setback requirement of 7.5 metres from all lot lines for structures in
cemetery sites. This proposed standard is consistent with the current requirement for
non-residential buildings in R districts, which are required to be set back 7.5 metres from
their side and rear lot lines. In addition, the typical rear yard setback requirement for a
residential property is 7.5 metres. If there are cases where this proposed setback requirement
cannot be met, the cemetery owners could apply to the Committee of Adjustment for relief.
Given the relatively small number of variances that would occur, I do not anticipate that this
proposed amendment would be onerous to cemetery property owners.
Recommended change: That the Zoning By-law be amended to introduce a required
building setback of 7.5 metres from any lot line for development on cemetery sites.
c)Site Plan Approval Process
Development on cemetery lands should be subject to site plan approval, similar to other
forms of development. Currently, any type of development that is less than 300 square
metres in size is exempt from the site plan approval process. Under the present regulatory
system the establishment of a crematorium can occur without a full planning review.
Experience with this type of development, both in the City and elsewhere, has shown that
small projects can impact on adjacent land uses.
Modification of the site plan approval process, to include review of small size projects in
cemeteries, would help to ensure cemetery sites remain compatible with surrounding land
uses. In addition, site plan review by staff will ensure that future building permits are not
issued prior to Council's decisions on cemetery applications. As part of the site plan
approval process, plans are circulated to the Environmental Protection Office of Public
Health Services for their review and comment. Environmental concerns would be reviewed
by the Environmental Protection Office and their recommendations incorporated into the site
plan approval.
Urban design guidelines should be developed and incorporated into a formal review of
applications for any cemetery site. Staff are currently working on these guidelines and will
report further to Toronto Community Council.
Recommended change: That applications for development in cemeteries be subject to site
plan approval.
d)Public Consultation
The Cemeteries Act (Revised) was enacted in 1992 and instituted a new system for the
approval of cemeteries. Under the Cemeteries Act, a municipality that receives a request for
an approval to establish a crematorium may hold public hearings to determine if the
approval is in the public interest. Public hearings have not always been held in the former
City of Toronto and public consultation practices are variable across the new City. Both the
North York and Scarborough Community Councils hold public hearings for these types of
applications. Appendix B lists the current practices for review of cemeteries across the City
of Toronto. Given the wide range of practices, consideration should be given to ensuring
some consistency in public notification.
Given the recent high level of public interest in the development of crematoria in the GTA,
I recommend that public hearings be held for any future applications involving crematoria
within the Toronto Community Council boundaries. This hearing could take place during
the regularly scheduled Toronto Community Council meeting as a deputation item.
Recommended change: That public hearings be held to discuss future applications for the
establishment, alteration or increase in the capacity of a cemetery or crematorium.
Next Steps:
In view of the proposals put forward in this report, dealing with the future development of
cemetery sites, it is recommended that I consult with the cemetery owners and operators as
well as any interested persons and set up a public meeting to discuss the contents of this
report. Following the community consultation, I will report back to Toronto Community
Council on the outcome of the meeting and put forward final recommendations on changes
to the Zoning By-law.
Conclusions:
The former Toronto Council requested the Commissioner of Urban Development Services
to report further on appropriate zoning regulations for cemetery sites. This report reviews the
current practices and recommends holding a public meeting with cemetery operators and
other interested persons to discuss zoning changes, public processes and application details.
I will report further following the public meeting.
Contact Name:
Denise Graham
Telephone: (416) 392-0871
Fax: (416) 392-7536
E-mail:dgraham1@city.toronto.on.ca
Beate Bowron
Acting Director, City Planning, Toronto Community
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APPENDIX A
Existing Cemetery Height Limits
