Authority: North York Community Council Report No.4, Clause 3

Intended for first presentation to Council: April 15, 1998

Adopted by Council:

Bill No. 171

To amend By-law No. 7625 of the former City of North York

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, to pass this by-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act :

The Council of the City of Toronto HEREBY ENACTS as follows:

1. Section 2.23.1 of By-law is repealed and replaced with the following:

"2.23.1 Corner Lot

"Corner Lot" means a lot situated

(1) at the intersection of two or more streets having an interior angle of intersection of not more than 135 degrees; or

(2) where one street bends to create an interior angle of not more than 135 degrees."

2. Section 5 is repealed and following new Section is substituted in its place:

"SECTION 5 ZONES

5(1) Creation of Zones

(a) For the purpose of Zoning By-law 7625 the following zones are created, and all parts of that part of the City of Toronto within the geographical limits of the former City of North York are to be construed to be in one of these following zones:

5(2) Zoning Maps

(a) The extent and location of the zones are as shown on Schedule C.

(b) Where a zone symbol is shown on a map for a zone,

(i) the regulations that apply to that zone,

(ii) the regulations that apply to the general zone category if there are any, and

(iii) the general provisions

apply to all lands in that zone.

(c) Where any uncertainty exists as to the boundary of any zone as shown on Schedule C the following applies:

(i) where a boundary is indicated on Schedule C as following a street or lane, the boundary shall be the centre of such street or lane,

(ii) where a zone boundary on Schedule C is indicated as approximately following lot lines shown on a registered plan of subdivision, the boundary shall follow those subdivision lot lines,

(iii) where a zone boundary on Schedule C is indicated as approximately parallel to any street line the zone boundary shall be construed as being parallel to the centre line of the street, and

(iv) where a zone boundary on Schedule C is indicated as generally running along the edge of a railway right-of-way, electrical transmission line right-of-way or watercourse, the zone boundary shall be construed to be the centre line of the right-of-way or watercourse.

(d) Exceptions

(i) An exception shall be set out with a zone symbol on Schedule C followed by a number in parentheses.

(ii) The regulations that apply to exceptions are found in Section 64.

(e) Holding Zones

(i) A holding zone shall be set out as a zone symbol or exception symbol on Schedule C followed by the letter H in parentheses.

(ii) The regulations that apply to the holding zone shall be set out in the applicable zone regulations.

(f) Schedules

(i) Schedules are part of the zoning by-law and are applied in conjunction with the regulations of this by-law."

3. Section 6(4) is amended by repealing the words 'Schedules "B" and "C"' and replacing them with the words "Schedule C".

4. Section 6(4)(a) is amended by repealing the words "Section 6 of this By-law" and replacing them with the words "subsection 6(2)".

5. Section 6(4)(a) is amended by repealing the words 'Schedules "B" and "C"' and replacing them with the words "Schedule C".

6. Section 6(6)(b) is amended by adding the word "setback" between the words "yard" and "provided" where those words appear in the fifth line of the clause.

7. Section 6(9)(f) is amended by repealing the word "minimum" where it appears between the words "the" and "minimum" in the third line.

8. Subsection 6(23) is amended by making the following wording changes:

(1) Section 6(23)(a) is amended by repealing the words "The following provisions shall apply to accessory buildings in R and RM zones:" and replacing them with the following:

The following provisions shall apply to an accessory building located in an R or RM zone if the accessory building is less than 10 m² in area or is both 10 m² or larger in area and located 3.0 m or more away from a dwelling:

(2) Section 6(23)(a)(i)(A)(I) is amended by repealing the words "required front yard" and replacing them with the words "front yard setback".

(3) Section 6(23)(a)(i)(A)(II) is amended by repealing the words "required side yard" and replacing them with the words "side yard setback".

(4) Section 6(23)(a)(i)(B) is amended by repealing the words "required side yard" and replacing them with the words "side yard setback".

(5) Section 6(23)(b) is amended by repealing the words "front yard required" and replacing them with the words "front yard setback".

9. Section 6(23)(b) is amended by renumbering it Section 6(23)(c) and by adding the following new clause:

(b) Accessory Buildings Closer than 3.0 m from the Dwelling

When an accessory building that is larger than 10 m² is closer than 3.0 metres from a dwelling, the accessory building shall be deemed to be a part of the dwelling, and all regulations that apply to the dwelling also apply to the accessory building as if they were one building.

10. Section 6(24)(d)(ii)(A) is amended by repealing the words "required side yard" and replacing them with the words "minimum side yard setback".

11. Section 6(26)(f)(i) is amended by repealing the word "Section" and replacing it with the word "subsection".

12. Section 7.2.1 is amended by changing the title for the provision to "Maximum Number of Dwellings per Lot".

13. Section 7.3.1 is amended by repealing the word "rear" where it appears on the third line between the words "the" and "yard setback", and replacing it with the word "side".

14. Section 7.4A(i) is amended by adding the words "parking spaces" between the words "driveways," and the word "patios" where those words appear on the fourth line, and by adding the words "or capable of being used" between the words "which is not used" and "for driveway" where those words appear at the end of the fifth line and the start of the sixth line.

15. Section 7.4A(ii) is amended by adding the words "parking spaces" between the words "driveways," and the word "patios" where those words appear on the fourth line, and by adding the words "or capable of being used" between the words "which is not used" and "for driveway" where those words appear at the end of the fifth line and the start of the sixth line.

16. Section 8.7 is amended by repealing the words 'Schedules "A", "B", "C" and "D"' wherever they appear in the section and replacing them with the words "Schedule C".

17. Section 9 is repealed and replaced with the following new section 9:

"SECTION 9 SUBURBAN RESIDENTIAL ZONE (R-A)

9(1) Prohibition

(a) No person shall use, or cause or permit the use of any land, building or structure, or cause or permit a building or structure to be erected, extended or altered in a Suburban Residential Zone (R-A), except in accordance with the following provisions:

9(2) (a) Permitted Uses

Single Family Dwelling;

(b) Use Qualifications

(i) Home Occupations

(A) Private instruction in music and related music subjects by a teacher is permitted in a single family dwelling used by the teacher as the teacher's principle residence if only one student is taught at a time.

(B) The teaching of academic subjects of a liberal fine arts nature, including mathematics, art, languages and other similar subjects, is permitted in a single family dwelling used by the teacher as the teacher's principle residence if

(I) only one student is taught at a time;

(II) the teaching is not offensive by reason of the use of mechanical or manually operated equipment; and

(III) no goods or products made or produced in connection with the teaching of such subjects are sold on the premises.

ZONE REGULATIONS

9(3) Lot Area

(a) The minimum lot area shall be 0.8 hectares.

9(4) Lot Frontage

(a) The minimum lot frontage shall be 60 metres.

9(5) Lot Coverage

(a) The maximum lot coverage shall be 25%.

9(6) Yard Setbacks

(a) The minimum front yard setback shall be 30 metres.

(b) The minimum side yard setback shall be 1.8 metres on one side and 4.2 metres for all other side yards.

(c) The minimum rear yard setback shall be 9.5 metres.

9(7) reserved for future use

9(8) Building Height

(a) The maximum building height shall be 11 metres."

18. Schedule C of By-law 7625 is amended to repeal the zone symbol and brackets after all R-A zone designations shown on the map, wherever they are located on Schedule C.

19. Section 15.6 is amended to repeal the words "and Office Buildings" where they appear in the title of the provision, and repeal the quotation marks around the letter "R" so that the title reads as follows:

"15.6 Minimum Distance of Apartment House Dwellings From R and RM2 Zones"

20. Section 15.8(d) of By-law 7625 is repealed.

21. Section 15.9 of By-law 7625 is repealed.

22. Section 16.1 is repealed and replaced with the following:

"16.1 (a) Permitted Uses

Multiple Attached Dwelling;

Single Family Dwelling;

Any other use permitted in the R4 Zone

(b) Use Qualifications

(i) Group housing of more than one multiple attached dwelling on a lot is permitted.

(ii) A single family dwelling or any other use permitted in the R4 zone shall meet the regulations that apply to that use in the R4 zone."

23. Subsection 17(2) of By-law 7625 is repealed and replaced with the following:

"17(2) (a) Permitted Uses

Duplex Dwelling;

Semi-Detached Dwelling;

Single Family Dwelling;

Any other use permitted in the R4 Zone

(b) Use Qualifications

(i) A single family dwelling or any other use permitted in the R4 zone shall meet the regulations that apply to that use in the R4 zone."

24. Section 18.1 is repealed and replaced with the following:

"18.1 (a) Permitted Uses

Apartment House Dwelling;

Converted Dwelling;

Double Duplex Dwelling;

Duplex Dwelling;

Hospital;

Multiple Attached Dwelling;

Nursing Home;

Single Family Dwelling;

Religious Institution;

Sanitarium;

Semi-Detached Dwelling;

Any other use permitted in the R4 Zone

(b) Use Qualifications

(i) Multiple attached dwellings shall meet the regulations that apply to that use in the RM1 zone.

(ii) A single family dwelling or any other use permitted in the R4 zone shall meet the regulations that apply to that use in the R4 zone.

(iii) Duplex dwellings and semi-detached dwellings shall meet the regulations that apply to that use in the RM2 zone.

(iv) Hospitals, nursing homes, religious institutions, and sanitariums are also subject to

(A) subsection 6(26);

(B) a maximum lot coverage of 35%; and

(c) a maximum gross floor are of 75% of the lot area."

25. Section 19.1 is repealed and replaced with the following:

"19.1 (a) Permitted Uses

Apartment House Dwelling;

Converted Dwelling;

Double Duplex Dwelling;

Duplex Dwelling;

Hospital;

Multiple Attached Dwelling;

Nursing Home;

Single Family Dwelling;

Religious Institution;

Sanitarium;

Semi-Detached Dwelling;

Any other use permitted in the R4 Zone

(b) Use Qualifications

(i) Multiple attached dwellings shall meet the regulations that apply to that use in the RM1 zone.

(ii) A single family dwelling or any other use permitted in the R4 zone shall meet the regulations that apply to that use in the R4 zone.

(iii) Duplex dwellings and semi-detached dwellings shall meet the regulations that apply to that use in the RM2 zone.

(iv) Hospitals, nursing homes, religious institutions, and sanitariums are also subject to

(A) subsection 6(26);

(B) a maximum lot coverage of 35%; and

(c) a maximum gross floor are of 85% of the lot area."

26. Section 20.1 is repealed and replaced with the following:

"20.1 (a) Permitted Uses

Apartment House Dwelling;

Converted Dwelling;

Double Duplex Dwelling;

Duplex Dwelling;

Hospital;

Multiple Attached Dwelling;

Nursing Home;

Single Family Dwelling;

Religious Institution;

Sanitarium;

Semi-Detached Dwelling;

Any other use permitted in the R4 Zone

(b) Use Qualifications

(i) Multiple attached dwellings shall meet the regulations that apply to that use in the RM1 zone.

(ii) A single family dwelling or any other use permitted in the R4 zone shall meet the regulations that apply to that use in the R4 zone.

(iii) Duplex dwellings and semi-detached dwellings shall meet the regulations that apply to that use in the RM2 zone.

(iv) Hospitals, nursing homes, religious institutions, and sanitariums are also subject to:

(A) subsection 6(26);

(B) a maximum lot coverage of 35%; and

(c) a maximum gross floor are of 100% of the lot area."

27. Section 20-A.1 is repealed and replaced with the following:

"20-A.1 (a) Permitted Uses

Apartment House Dwelling;

Converted Dwelling;

Double Duplex Dwelling;

Duplex Dwelling;

Hospital;

Multiple Attached Dwelling;

Nursing Home;

Single Family Dwelling;

Religious Institution;

Sanitarium;

Semi-Detached Dwelling;

Any other use permitted in the R4 Zone

(b) Use Qualifications

(i) Multiple attached dwellings shall meet the regulations that apply to that use in the RM1 zone.

(ii) A single family dwelling or any other use permitted in the R4 zone shall meet the regulations that apply to that use in the R4 zone.

(iii) Duplex dwellings and semi-detached dwellings shall meet the regulations that apply to that use in the RM2 zone.

(iv) Hospitals, nursing homes, religious institutions, and sanitariums are also subject to:

(A) subsection 6(26);

(B) a maximum lot coverage of 35%; and

(c) a maximum gross floor are of 150% of the lot area."

28. Section 22.6.2 of By-law 7625 is repealed.

29. The portion of Section 23.1.3 that is as follows is repealed:

"Subject to the provisions of Section 22.9 hereof, the outside storage and display of

(a) new and used motor vehicles in conjunction with a car rental agency,

(b) boats and trailers, and

(c) swimming pools,

provided that such outside storage and display is in conjunction with a similar commercial use carried on in an enclosed building on the same lot."

and replaced with the following:

"The outside storage and display of

(i) new and used motor vehicles in conjunction with a car rental agency,

(ii) boats and trailers, and

(iii) swimming pools

is permitted if the outside display is in conjunction with a similar use carried on in an enclosed building on the same lot, and the outside display meets all of the requirements of Section 22.9."

30. Section 23.2.1 of By-law 7625 is repealed and replaced with the following:

"23.2.1. Lot Coverage

(a) For a residential building other than a single family dwelling, the maximum lot coverage is 35%.

(b) For a single family dwelling, the maximum lot coverage is the same as it would be if the dwelling were in an R5 zone.

(c) For all other buildings, the maximum lot coverage is 33.3%."

31. Sections 23.2.3, 24.2.1.1, 25.2.2 of By-law 7625 are repealed.

32. Section 28.1 of By-law 7625 is amended by repealing the second paragraph and replacing it with the following:

"A single family dwelling used as a residential dwelling on May 15, 1991 is permitted, and the regulations that apply to a single family dwelling in an R4 zone also apply to a single family dwelling in the C6 zone.

An accessory building for a single family dwelling is also permitted, and despite clause 6(23)(a) the regulations that apply to accessory buildings in R and RM zones apply to accessory buildings for a single family dwelling in the C6 zone."

33. Subsection 64.13(10) is amended by repealing the words "yard setbacks" where they appear between the words "minimum" and "of" on the third line and replacing them with the words "front yard setback".

34. Subsection 64.16(4) is amended by repealing the word "requirements" and replacing it with the word "setbacks".

35. Subsection 64.20-A(53)(b)(iv) is amended by repealing the word "requirement" and replacing it with the word "setback".

36. Subsection 64.20-A(63)(i) is amended by replacing the words "minimum yards" with "minimum yard setbacks", and "any required yard" with "any minimum yard setback" and "minimum yard" with "minimum yard setback".

37. Subsection 64.20-A(72)(h) is amended by replacing the words "minimum yard" with "minimum yard setback" on the sixth line of the clause.

38. Section 64.21 is amended by adding the following exception zone:

64.21(11) G(11)

PERMITTED USES

(a) In addition to the uses permitted in the G zone, the following uses are also permitted:

(i) place of worship;

(ii) place of worship hall; and

(iii) residence for a caretaker or the heads of a congregation.

EXCEPTION REGULATION

(b) The yard setbacks and maximum building heights set out in Section 21.1 and Section 21.5 respectively apply to this exception.

39. Section 64.23(54) is amended by replacing the words "yard requirement" with "yard setbacks", throughout clause (b).

40. Subsection 64.34(2)(a)(i) of By-law 7625 as renumbered and re-enacted by By-law 33092 is amended by adding the word "and" after the word "restaurants," and by repealing the word "and" after the words "retail stores," and replacing it with a period, and repealing the word "taverns."

41. Subsection 64.34(5)(b)(iv)(A)(IV) of By-law 7625 as renumbered and re-enacted by By-law 33092 is amended by adding the word "setback" after the words "minimum rear yard".

42. Schedules "B" and "C" of By-law 7625 are amended in accordance with Schedules 1 and 3 of this By-law.

ENACTED AND PASSED this day of , A.D. 1998.

Mayor City Clerk

(Corporate Seal)