New Uniform Building Permit By-law - Related
Amendments to Former City of Toronto Municipal Code
(All Wards in the Former City of Toronto)
The Toronto Community Council recommends the adoption of the following report (March
17, 1998) from the Commissioner, Urban Planning and Development Services:
Purpose:
To maintain certain encroachment and parks levy appraisal fees and practices in the former City
of Toronto pending a city-wide service review.
Funding Sources, Financial Implications and Impact Statement:
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
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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.
Mayor City Clerk
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