Technical Corrections - Zoning By-law No. 438-86

of the former City of Toronto

(All Wards in the Former City of Toronto)

The Toronto Community Council recommends that:

(1)the Draft By-law attached to the report (July 14, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto; and

(2)the report (June 9, 1998) from the Commissioner of Urban Planning and Development Services be adopted.

The Toronto Community Council reports, for the information of Council, that notice of the public meeting was given in accordance with the Planning Act. The public meeting was held on July 22, 1998, and no one addressed the Toronto Community Council.

The Toronto Community Council submits the following report (July 14, 1998) from the City Solicitor:

Purpose:

The Commissioner of Urban Planning and Development Services' report addresses technical corrections to general Zoning By-law No. 438-86.

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-law has no financial implications for the City. It requires no funding.

Recommendations:

It is recommended that:

(1)The Toronto Community Council hold a public meeting in respect of the Draft By-law in accordance with the provisions of the Planning Act.

Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-law, it could recommend that:

(2)The Draft By-law attached to the report (July 14, 1998) of the City Solicitor be approved and that authority be granted to introduce the necessary bill in Council to give effect thereto.

(3)The report of the Commissioner of Urban Planning and Development Services be adopted.

Background:

Toronto Community Council has before it the final report of the Commissioner of Urban Planning and Development Services concerning the above noted subject. The report recommends that a Draft By-law be prepared to make certain technical corrections.

Comments:

This report contains the necessary Draft By-law, which, if enacted, will give effect to the planning report.

Contact Name:

John Paton, Solicitor

Telephone:392-7230

Fax:392-0024

E-mail:jpaton@city.toronto.on.ca

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DRAFT BY-LAW

Authority:Toronto Community Council

Report No.

Intended for first presentation to Council:

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend By-law No. 438-86, the Zoning By-law, as amended, to make certain technical corrections.

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

1.Section 2(1) of By-law No. 438-86, 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 City of Toronto", as amended, is further amended by:

(1)amending the definition of "accessory" by italicizing the words "parking spaces";

(2)amending the definition of "club" by italicizing the words "non-residential building"; and

(3)amending the definition of "showroom" by deleting the words, "but does not include sales to the public".

2.Section 2(2) of By-law No. 438-86 is amended by:

(1)deleting the reference to section 10(3) in paragraph (b); and

(2)amending paragraphs (e) and (f) by:

(i)deleting the number "10" and replacing it with the number "9".

3.Section 4 of By-law No. 438-86 is amended by:

(1)amending the parking requirement of "a commercial bakery" by adding a semi-colon after the word "therein"; and

(2)amending subsection (5) Schedule I by deleting the expression "Adult Physical Culture Establishment" where they appear and substituting "Adult Physical Culture Establishment".

4.Section 6 of By-law No. 438-86 is amended by:

(1)amending subsection (3) PART IV 1 (d) (i) by italicizing the words "front wall".

5.Section 9 of By-law No. 438-86 is amended by:

(1)deleting the symbol "P" opposite the listing for a "showroom" in subsection (1) (f) (b) (iv) and replace the symbol with the symbol "q29"; and

(2)adding to subsection (2) qualification "29. as follows: A showroom is a permitted use, provided: (i) it does not include sales to the public".

6.Section 12(1) of By-law No. 438-86 is amended by:

(1)amending exception 17 by replacing the expression "land municipally known in the year 1988 as part of 1000 Mount Pleasant Road, as shown" with the word "lands";

(2)amending exception 42 (ii) by deleting "CR" and replacing it with "MCR";

(3)amending exception 52 by deleting "the I2 district within the area bounded by Roncesvalles" and replacing it with "the I1 district within the area bounded by Roncesvalles";

(4)amending exception 56 by deleting "Delisle Avenue" and replacing it with "De Lisle Avenue";

(5)amending exception 60 (i) by deleting "Lot 1" and replacing it with "Part of Lot 1";

(6)amending exception 87 by italicizing the word "frontage";

(7)deleting exception 276;

(8)amending exception 279 by:

(i) adding "to" before the word "prevent"; and

(ii)deleting the expression "the date of enactment of this by-law" and replacing it with "July 9, 1991";

(9)amending exception 331 by deleting "PARTS 13 to 22" from the map and replacing it with "PARTS 13 to 26"; and

(10)amending exception 369(v) by italicizing "residential gross floor area".

7.Section 12(2) of By-law No. 438-86 is amended by:

(1)amending exception 8 by adding "or the north limit of Lawrence Avenue East" following "on the north side of the street";

(2)deleting exception 58;

(3)amending exception 219 (b) by replacing CR T2.0 C1.0 R1.5 with MCR T2.0 C1.0 R1.5, deleting CR T2.0 C1.0 R2.0 and replacing MCR T3.0 C2.0 R2.5 to CR T3.0 C2.0 R2.5;

(4)amending exception 228 (i) G by deleting the expression "parking lot" and replacing it with "parking station", "commercial parking garage", "parking area", "parking garage", "commercial parking lot";

(5)amending exception 239 (v) by deleting the expression "parking station";

(6)amending exception 290 (a) (iv) by deleting "parking lot" and replacing it with "commercial parking lot";

(7)amending exception 295 by deleting "or" in (c) (ii) and adding "(iii) any purpose below grade other than a crawl space used for storage, heating, cooling, ventilating, electrical or mechanical equipment; or" and changing the existing (iii) to "(iv)"; and

(8)amending exception 305 by deleting "within the Old Stockyards District".

8.Section 12(3)(a) of By-law No. 438-86 is amended by:

(1)deleting "16 FEET (94.88 METRES)" and replacing it with "5 METRES"; and

(2)deleting "20 FEET OR LESS (6.10 METRES)" and replacing it with "6 METRES".

9.Section 13 of By-law No. 438-86 is amended by:

(1)deleting the line "By-law No. 325-69 respecting 123 Eglinton Avenue East";

(2)deleting the line "By-law No. 513-90 respecting 109 Front Street East";

(3)deleting the line "By-law No. 792-78 respecting 447 Church Street";

(4)deleting the address "1372 Bloor Street West" and replacing it with "77 Rankin Crescent";

(5)deleting the address "1386 Bloor Street West" and replacing it with "1380 Bloor Street West"; and

(6)deleting the address "123 Eglinton Avenue East" and replacing it with "108 Redpath Avenue" following ABy-law No.1994-0312 respecting@.

10.Height and Minimum Lot Frontage Map 47H-321 contained in Appendix 'B' of By-law No. 438-86, as amended, is amended by adding a 9.0 metre height limit for 199 to 211 Riverside Drive, 19 to 31, 30 and 32 Innisfree Court and 1 Worthington Crescent.

11.Height and Minimum Lot Frontage Map 47H-321 contained in Appendix 'B' of By-law No. 438-86, as amended, is further amended by adding to the Minimum Lot Frontage Chart a new symbol "D" for "any building or structure" and a 21.0 metre Minimum Lot Frontage, for the lands known municipally in 1997 as Nos. 199 to 211 Riverside Drive.

12.By-law No. 352-92 is amended to delete "gross floor area" and replace it with "residential gross floor area".

13.By-law No. 562-92 is amended to delete "meters" and replace it with "metres".

14.Section 4 of By-law No. 695-92 is amended as follows:

(i)to delete "no" and replace it with "No";

(ii)to delete the phrase "of By-law No. 438-86"; and

(iii)to delete "a tavern or public house" and replace it with the expression "deleted by By-law 425-93".

The Toronto Community Council also submits the following report (June 9, 1998) from the Commissioner of Urban Planning and Development Services::

Purpose:

To authorize minor technical amendments to correct errors in Zoning By-law 438-86, as amended.

Source of Funds:

Not applicable.

Recommendations:

That the attached draft by-law to amend Zoning By-law 438-86, to make the technical changes listed in Appendix A of this report, be approved.

Council Reference/Background/History:

With the many Zoning By-law amendments approved each year, minor technical errors occur from time to time and must be corrected. These may include spelling errors, definitions not shown in italics, changes in property addresses and numbers missing from height maps. Simple housekeeping matters and clean-up like these clarify the meaning or the intent of the By-law.

Comments and/or Discussion and/or Justification:

Necessary corrections to the Zoning By-law are periodically reviewed and grouped into one amending by-law. This report continues this process. Appendix A lists the sections of the Zoning By-law that require technical amendments.

With amalgamation of the City of Toronto it is important that the existing zoning by-laws be up to date and maintained until such time as a new City-wide Zoning By-law is adopted.

Conclusions:

The technical amendments for the former City of Toronto Zoning By-law outlined in this report include correcting spelling and punctuation errors, using italics to indicate terms that have definitions, updating terminology and references to new property addresses, changing out-dated zoning categories, including height limits, as well as including references to dates that have been omitted. None of the proposed amendments alter the intent of the relevant zoning provisions.

Contact Name:

Denise Graham

Telephone:(416) 392-0871

Fax:(416) 392-7536

E-Mail: dgraham1@city.toronto.on.ca

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APPENDIX A

TECHNICAL BY-LAW AMENDMENTS