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Chapter 900 Site Specific Exceptions
900.24 EO - Zone
| (1) | EO Zone Exceptions |
| The regulations located in Article 900.24.10 apply only to the exceptions subject to the EO zone and identified with the corresponding exception number.
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| (1) | Exception EO 1 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | On 42 and 46 Overlea Boulevard, if the requirements of By-law 1308-2015 are complied with, none of the provisions of 60.40.20.100(6), 60.40.40.70(2)(A)(ii) and 200.5.10.1, apply to prevent the erection or use of a retail store if the retail store complies with (B) to (E) below:
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| (B) | A retail store may have a single propane tank if it contains no more than 7,570 litres of propane;
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| (C) | The total gross floor area of the retail store must not exceed a maximum of 15,550 square metres;
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| (D) | The minimum west side yard setback of the retail store is 4.50 metres;
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| (E) | A retail store with a gross floor area up to 15,550 square metres must provide 623 parking spaces; and
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| (F) | A building or structure may be erected in accordance with (A) to (E) above, if all requirements of Schedule 'A' of By-law 1308-2015 are complied with.
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Prevailing By-laws and Prevailing Sections:(None Apply)
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| (A) | Section 8.4.1(c), Section 8.4.1(d) and Section 8.4.1(e), former Borough of East York Town of Leaside By-law No. 1916. [ By-law: 1308-2015 Enacted ]
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| (2) | Exception EO 2 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | In addition to the uses permitted in Article 60.40.20, a vehicle dealership is permitted; and
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| (B) | The minimum frontage for a lot used for a vehicle dealership is 22 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (6) | Exception EO 6 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | In addition to the uses permitted in Article 60.40.20, a funeral establishment is permitted.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (7) | Exception EO 7 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | Any building or structure erected within 79.2 metres of the centre line of York Mills Rd. must be constructed in such a manner that:
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| (i) | the building or structure fronts on York Mills Rd.; and
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| (ii) | the building or structure have loading facilities located so that they are not visible from York Mills Rd. along any sight line that is perpendicular to York Mills Rd.;
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| (B) | The minimum building setback from a lot line that abuts York Mills Rd. is 33.5 metres, measured from the centreline of the original road allowance of York Mills Rd.;
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| (C) | The minimum building setback from the westerly lot line is 15 metres;
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| (D) | The minimum building setback from an Open Space zone is 1.5 metres; and
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| (E) | All parts of an underground structure must be set back from a lot line a distance equal to the depth of the structure below grade.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (8) | Exception EO 8 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | On the lands shown as (H)EO on Diagram 2 to By-law 1281-2018, if the applicable requirements in Section 9 and Schedules A, B and C of By-law 1281-2018 are complied with, none of the provisions of 5.10.40.70(1) through (4), 60.5.40.10, 60.5.40.60(1), 60.5.40.70, or 60.40.1.10 apply to prevent the erection or use of land, buildings or structures on the lands if in compliance with Regulations (B) to (TT) below;
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| (B) | Despite Regulation 800.50.825, street means an existing or future street identified on Diagram 7 of By-law 1281-2018;
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| (C) | In addition to uses permitted in Regulation 60.40.20.10(1)(A) and 60.40.20.10(1)(B), the following additional uses are permitted in an EO District on the lands:
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| (i) | Amusement Arcade
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| (ii) | An Eating Establishment, Retail Store or Take-out Eating Establishment all of which may include food or beverage manufacturing
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| (iii) | Cabaret
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| (iv) | District Heating and Cooling Plant
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| (v) | Entertainment Place of Assembly
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| (vi) | Nightclub
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| (vii) | Ornamental Structure
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| (viii) | Pet Services
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| (ix) | Post-Secondary School;
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| (D) | Regulation 60.40.20.100(5) does not apply;
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| (E) | Regulation 60.40.20.100(6) does not apply;
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| (F) | Regulation 60.40.20.100(7) does not apply;
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| (G) | Regulations 60.40.20.100(14)(B), 60.40.20.100(14)(C), and 60.40.20.100(F) do not apply;
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| (H) | Despite Regulations 60.40.20.20(1)(A) and (B), a district heating and cooling plant is permitted if it is in combination with another permitted use on the lands and complies with all Municipal, Provincial and Federal by-laws, statutes and Regulations;
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| (I) | Other uses combined with eating establishments are not subject to the interior floor area restrictions set out in Regulation 150.100.20.1;
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| (J) | Vehicle service shops are not subject to the conditions set out in Regulation 150.94;
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| (K) | In addition to uses permitted in Regulation 60.40.20.20(1)(B), the following additional uses are permitted if they comply with the specific conditions associated with the reference number(s) for each use in Regulation 60.40.20.100 and the Conditions identified at (M) below:
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| (i) | Day Nursery
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| (ii) | Outdoor Sales or Display
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| (iii) | Vehicle Service Shop
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| (iv) | Vehicle Washing Establishment;
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| (L) | In addition to the Conditions at Regulation 60.40.20.100, the following additional conditions apply:
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| (i) | A day nursery in the EO and (H)EO zone is permitted provided it is located on the first storey of a building;
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| (ii) | Outdoor sale or display of goods or commodities in the EO and (H)EO zone:
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| (a) | may not be located in areas required by this By-law for parking, loading, driveways or landscaping; and
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| (b) | there may be no storage or warehousing of goods in a vehicle;
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| (iii) | A Vehicle Service Shop in the EO and (H)EO zone must:
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| (a) | be wholly below grade; or
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| (b) | not located within 5 metres of an exterior building wall, exclusive of accesses;
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| (iv) | A Vehicle Washing Establishment in the EO and (H)EO zone must:
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| (a) | be below ground in a parking garage; and
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| (b) | comply with the specific use Regulations in Section 150.96;
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| (M) | In the EO and (H)EO zone, if a vehicle washing establishment is located inside a building and below ground, the provisions of Regulations 150.96.20.1(2) and (3) do not apply;
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| (N) | Despite Regulation 60.40.20.10(1)(A), the following uses are not permitted in an EO zone on the lands:
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| (i) | Cold Storage
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| (ii) | Dry Cleaning or Laundry Plant;
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| (O) | Despite Regulation 60.40.20.20, the following uses are not permitted in an EO zone on the lands:
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| (i) | Drive Through Facility
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| (ii) | Food Manufacturing Use
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| (iii) | Furniture Manufacturing Use
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| (iv) | Medical Equipment and Supplies Manufacturing Use
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| (v) | Metal Products Manufacturing Use
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| (vi) | Open Storage
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| (vii) | Pharmaceutical and Medicine Manufacturing Use
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| (viii) | Place of Worship
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| (ix) | Plastic Product Manufacturing Use
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| (x) | Transportation Product and Vehicle Manufacturing Use;
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| (P) | Uses listed in Regulation 60.40.20.10(1) and 60.40.20.20(1) that are not listed in (N) and (O) above are permitted in an EO zone on the lands, if they comply with the specific conditions associated with the reference number(s) for each use in Regulation 60.40.20.100 and the relevant specific use requirements of Section 150;
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| (Q) | The following uses are permitted in an (H)EO zone, until such time as an (H) holding symbol is lifted from any of the (H)EO zoned lands:
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| (i) | Artist Studio
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| (ii) | Beverage Manufacturing use, provided that no individual beverage manufacturing use may exceed 2,500 square metres of gross floor area
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| (iii) | Bus station
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| (iv) | Cartage, express or truck transport yard or terminal for one or more highway transportation companies or organizations
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| (v) | Club
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| (vi) | Community health centre
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| (vii) | Contractor’s Establishment
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| (viii) | Custom Workshop
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| (ix) | Day Nursery
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| (x) | Eating Establishment
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| (xi) | Flood protection structures and facilities
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| (xii) | Financial Institution
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| (xiii) | Industrial Sales and Service Use
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| (xiv) | Industrial catering service
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| (xv) | Laboratory
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| (xvi) | Manufacturing Use
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| (xvii) | Market Garden
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| (xviii) | Medical Office
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| (xix) | Open Storage
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| (xx) | Ornamental structure
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| (xxi) | Park
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| (xxii) | Parking Garage
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| (xxiii) | Performing Arts Studio
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| (xxiv) | Personal Service Shop
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| (xxv) | Post office
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| (xxvi) | Public Parking
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| (xxvii) | Public transit
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| (xxviii) | Public Works Yard
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| (xxix) | Pumping station
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| (xxx) | Printing Establishment
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| (xxxi) | Production Studio
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| (xxxii) | Railway, including service and repair yards
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| (xxxiii) | Railway station
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| (xxxiv) | Railway tracks
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| (xxxv) | Retail Service
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| (xxxvi) | Retail Store
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| (xxxvii) | Shipping Terminal
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| (xxxviii) | Software Development and Processing
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| (xxxix) | Stable
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| (xl) | Take-out Eating Establishment
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| (xli) | Temporary sale/rental centre
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| (xlii) | Trade school
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| (xliii) | Vehicle Repair Shop
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| (xliv) | Vehicle Service Shop
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| (xlv) | Vehicle Washing Establishment
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| (xlvi) | Veterinary Hospital
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| (xlvii) | Warehouse
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| (xlviii) | Wholesaling Use;
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| (R) | Following the removal of any (H) holding symbol from any portion of the (H)EO zoned lands, the following uses are prohibited in an (H)EO zoned lands:
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| (i) | The uses listed in (N) and (O) above
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| (ii) | Apparel and Textile Manufacturing Use
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| (iii) | Cartage, express or truck transport yard or terminal for one or more highway transportation companies or organizations
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| (iv) | Clay Product Manufacturing Use
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| (v) | Computer, Communications, Electronics, or Optical Media Manufacturing Use
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| (vi) | Contractor’s Establishment
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| (vii) | Public Works Yard
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| (viii) | Pumping station
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| (ix) | Shipping Terminal
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| (x) | Stable;
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| (S) | Despite any other provision of this Exception, the uses permitted in (C)-(L) above are permitted, and the uses prohibited in (N), (O) and (R) above are not permitted, in the building or structure generally illustrated by the outline on Diagram 2 attached to By-law 1281-2018, labeled as Former Building 36, as well as any additions and expansions to thereto, both prior to and following the removal of the (H) holding symbol from the EO(H) zone (as though there was no (H) holding symbol on Former Building 36);
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| (T) | The maximum non-residential gross floor area permitted in each quadrant identified on Diagram 5 attached to By-law 1281-2018 is as follows:
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| (i) | Quadrant 1: 314,400 square metres
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| (ii) | Quadrant 2: 342,600 square metres
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| (iii) | Quadrant 3: 92,600 square metres
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| (iv) | Quadrant 4: 176,400 square metres;
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| (U) | Subject to (T) above, the maximum non-residential gross floor area for each quadrant identified on Diagram 5 attached to By-law 1281-2018 that may be occupied by the following: Cabarets, Clubs, Eating Establishments, Entertainment Places of Assembly, Financial Institutions, Industrial Sales and Service Uses, Medical Office, Massage Therapy, Nightclubs, Outdoor Sales or Display, Personal Service Shops, Pet Services, Places of Assembly, Recreation Uses, Retail Services, Retail Stores, Self-storage Warehouse, Service Shops, Take-out Eating Establishments and Wellness Centres, is as follows:
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| (i) | Quadrant 1: 40,700 square metres
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| (ii) | Quadrant 2: 72,500 square metres
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| (iii) | Quadrant 3: 22,400 square metres
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| (iv) | Quadrant 4: 49,600 square metres;
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| (V) | For the purposes of this exception, Street-related retail and service uses means one or more of: art gallery, artist studio, eating establishments, financial institutions, personal service shops, pet services, retail stores, and take-out eating establishments;
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| (W) | No building or structure subject to an Animation Zone frontage(s) as shown on Diagram 8 may be erected or used on a lot unless a minimum of 80 percent of the cumulative length of the exterior main walls of the building or structure at the first storey above ground along the "Animation Zone" frontage(s) is occupied by one or more of the following uses: art galleries, artist studios, community centres, day nurseries, libraries, markets, museums, performing arts studios, publicly accessible and programmable office and other lobbies, publicly accessible post-secondary schools, recreation uses, and street-related retail and service uses:
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| (i) | For each building or structure, a minimum of 10 percent of each 80 percent provided in accordance with (W) above will comprise street-related retail and service uses units that are subject to the following requirements:
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| (a) | each street-related retail and service uses unit will be limited to a maximum of 250 square metres of interior gross floor area, and
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| (b) | the length of each street-related retail and service uses unit will be limited to a maximum of 7 metres;
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| (ii) | the principal public entrance to each shop or use is located in the exterior wall of the building which is directly accessible by pedestrians along a route not more than 5 metres from:
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| (a) | the frontage of the lot on which the shop or use is located; or
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| (b) | a building setback line from a street on which the shop or use has frontage, provided the line is established by this Exception; and
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| (iii) | the level of the floor of the principal public entrance is within 0.2 metres of the level of the public sidewalk opposite such entrance;
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| (X) | Despite Regulation 60.40.40.10:
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| (i) | For the purposes of this exception, grade means the Canadian Geodetic Datum elevation of 78.6 metres;
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| (ii) | The maximum building height above grade for the areas shown on Diagrams 6, 6A and 6B collectively attached to By-law 1281-2018, is as indicated on Table 1 of By-law 1281-2018;
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| (iii) | For the purposes of this exception, storey means the portion of a building that is between the top of a floor and the top of the floor next above it, and if there is no floor above it, the portion between the top of the floor and the ceiling above it. The following will not be considered a storey: a mezzanine floor level which is located above the first floor level above-ground, not exceeding 30 percent of the interior floor area of the first floor level above-ground, and limited in use to accessory uses such as storage, mechanical, electrical, and other areas dedicated to the functional operation of the building;
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| (iv) | The required minimum height of the first storey above ground in any principal building is 5.0 metres , measured between the top of the floor of the first storey and the underside of the ceiling of the first storey;
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| (v) | Despite (X)(ii) above, the following structures/items may exceed the height limits as described:
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| (a) | structures on any roof used for outdoor amenity space or open air recreation, maintenance, safety, wind or green roof purposes to a maximum vertical projection of 2.0 metres above the height limits;
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| (b) | elevator overruns and related enclosures, including stair towers, to a maximum of 5.0 metres above height limits;
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| (c) | parapets up to 2.0 metres above height limits;
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| (d) | terraces and patios, including associated railings, and architectural and landscape features up to 2.0 metres above height limits;
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| (e) | chimneys, vents, stacks, or other heating, cooling, or ventilation equipment or window-washing equipment on the roof of the building, or a fence, wall, or structure enclosing such elements, up to 5.0 metres above height limits, provided such are set back a minimum of 10 metres from the lot line;
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| (Y) | Buildings or structures above ground are to be set back a minimum of 20.0 metres from the UT zone overlaying the Metrolinx rail corridor immediately north of the lands subject to this exception, except for:
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| (i) | buildings or structures used for transportation uses, which may include P ersonal Service Shops, Service Retail, Retail Stores, Take-out Eating Establishments, and accessory uses;
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| (ii) | district energy uses; and
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| (iii) | district heating and cooling plant;
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| (Z) | All buildings or structures above ground must be set back a minimum of 5.0 metres from any OR and/or (H) OR zone;
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| (AA) | Notwithstanding (Z) above, the building/ structure generally illustrated by the outline on Diagram 2, labeled as Building 36, as well as any additions and expansions thereto, may have a 2 metre setback from the OR or (H)OR zone provided that either the (H) has been lifted from the relevant EO lands or the Toronto and Region Conservation has issued a permit under Ontario Regulation 166/06 or its successor respecting said building/ structure, and any additions and expansions thereto;
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| (BB) | Buildings or structures in an EO zone must be set back above ground from the street lines for those streets identified on Diagram 7 By-law 1281-2018 as indicated on Table 2 of By-law 1281-2018;
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| (CC) | For the purposes of this exception, 'tower' means the portions of a building which collectively enclose the entirety of a storey higher than 36.0 metres above grade;
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| (DD) | Above a height of 36 metres, a minimum separation distance of 25 metres must be provided between the main walls of any tower and another tower on the lands, as measured from exterior main walls;
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| (EE) | The maximum number of towers in each Quadrant as identified on Diagram 5 is:
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| (i) | Quadrant 1: 3
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| (ii) | Quadrant 2: 5
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| (iii) | Quadrant 3: 2
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| (iv) | Quadrant 4: 3;
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| (FF) | No minimum setback requirements apply to the portions of buildings or structures below ground;
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| (GG) | Notwithstanding (BB) and (DD) above, elements of a building may encroach into a required building setback as follows:
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| (i) | structural elements related to the Broadview Avenue underpass beneath the railway station;
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| (ii) | cornices, sills, eaves, window washing equipment, railings, balustrades awnings, piers and sun-shades, to a maximum horizontal projection of 0.5 metres into any required setback;
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| (iii) | chimneys, vents and stacks, provided such are set back a minimum of 10 metres from the lot line;
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| (iv) | terraces, and patios, including associated railings, and architectural and landscape features;
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| (v) | balconies to a maximum horizontal projection of 2.0 metres; and
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| (vi) | canopies including supporting structures, covered walkways, privacy screens, planters, awnings, fences, lighting, bollards, safety railings, trellises, guards, guardrails, retaining walls, wheel chair ramps, bicycle parking facilities, ornamental or architectural features, landscape features, doors and door swings, facilities accessory to a day nursery, and art installations;
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| (HH) | Parking spaces for uses on lands zoned (H)EO will be provided in accordance with Chapter 200;
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| (II) | Despite Regulation 60.5.80.10, required parking spaces and loading spaces for uses on lands zoned by this exception may be provided anywhere on the lands subject to this exception;
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| (JJ) | Despite Chapter 200.5.10.1 and Chapter 200.10.1, off- street motor vehicle parking spaces must be provided for every building or structure erected or enlarged on the lands subject to this exception, in accordance with the following:
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| (i) | Parking spaces must be provided as follows:
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| (a) | the minimum number of required parking spaces is 0.3 spaces per 100 square metres of gross floor area; and
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| (b) | the maximum number of parking spaces permitted to be located in each quadrant of the lands as illustrated on Diagram 5 is as follows: Quadrant 1: 1570; Quadrant 2: 1885; Quadrant 3: 370; and Quadrant 4: 535;
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| (ii) | Despite Regulation 60.5.80.10, required parking spaces to support development must be located in a parking garage;
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| (iii) | A parking garage is permitted only below-ground, exclusive of accesses;
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| (iv) | Despite (JJ)(ii) above, a parking garage may be located in an above-ground building or portion thereof provided that:
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| (a) | the use, exclusive of accesses, is not located within 10 metres of an exterior wall facing a street; and
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| (b) | the portion of the building between the exterior wall facing the street and the area used for parking is solely occupied by other uses permitted by this Exception, exclusive of accesses;
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| (KK) | Despite Regulation 60.5.100.1(1), any driveway is restricted to a maximum width of 7.5 metres for a minimum depth of 3.0 metres measured from the street line;
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| (LL) | Despite (KK) above, a maximum of two driveways on the lands subject to this exception may have a maximum width of 11 metres for a minimum depth of 3.0 metres measured from a lot line abutting a street;
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| (MM) | Despite Chapter 200.15, the following requirements apply to accessible parking spaces:
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| (i) | For the purposes of this clause, "accessible" means free of a physical, architectural or design barriers that would restrict access or use to a person with a disability as defined in the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11;
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| (ii) | an accessible parking space must have the following minimum dimensions:
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| (a) | length of 5.6 metres;
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| (b) | width of 3.4 metres; and
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| (c) | vertical clearance of 2.1 metres;
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| (iii) | The minimum dimensions of an accessible parking space that is adjacent and parallel to a drive aisle from which vehicle access is provided is:
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| (a) | length of 7.1 metres
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| (b) | width of 2.6 metres; and
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| (c) | vertical clearance of 2.1 metres;
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| (iv) | The entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path as shown on Diagram 1 and Diagram 2 of By-law 579-2017;
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| (v) | Accessible parking spaces must be the parking spaces closest to a barrier free:
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| (a) | entrance to a building;
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| (b) | passenger elevator that provides access to the first storey of the building; and
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| (c) | shortest route from the required entrances in (a) and (b);
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| (vi) | Clearly identified off street accessible parking spaces must be provided on the same lot as every building or structure erected or enlarged, if the total parking space requirement is 5 or more, in compliance with the following:
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| (a) | if the number of required parking spaces is 5 to 24, a minimum of 1 parking space must comply with the minimum dimensions for an accessible parking space;
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| (b) | if the number of required parking spaces is 25 to 100, a minimum of 1 parking space for every 25 parking spaces or part thereof must comply with the minimum dimensions for an accessible parking space; and
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| (c) | if the number of required parking spaces is more than 100, a minimum of 4 parking spaces plus 1 parking space for every 50 parking spaces or part thereof in excess of 100 parking spaces, must comply with the minimum dimensions for an accessible parking space;
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| (NN) | Despite Chapter 230.5.10, bicycle parking spaces must be provided for all uses on the lands at the Office Bicycle Parking Space Rates, as in Table 230.5.10.1(1);
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| (OO) | Access to long-term bicycle parking spaces located anywhere but on the first storey must be provided through a dedicated ramp and/or a dedicated elevator;
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| (PP) | Despite Regulation 220.5.1.10(1), calculation of required loading spaces will be undertaken separately for each quadrant of the lands shown on Diagram 5 of By-law 1281-2018;
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| (QQ) | Areas for required loading spaces may be connected below-ground through the lands subject to this exception;
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| (RR) | Despite Chapter 220.5.10, loading spaces on the lands will be provided at the office loading space requirements rates;
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| (SS) | Nothing in this exception or By-law 569-2013 applies to prevent the use of the lands, or the erection or use of a building, structure, or portion thereof on the lands subject to this exception for any of the following:
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| (i) | transportation uses;
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| (ii) | structures used in connection with any of the uses listed under 90.30.20.10 or 90.30.20.20 constructed or operated by, or on behalf of the City of Toronto; and
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| (iii) | flood protection structures and facilities;
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| (TT) | The floor area of any building or structure devoted exclusively to any of the purposes in (SS) above are excluded from any calculations of gross floor area and required parking spaces for the lands required elsewhere by this exception or By-law 569-2013;
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Prevailing By-laws and Prevailing Sections: |
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| (A) | City of Toronto By-law438-86 Section 12(2)270, only as applicable to (Q) and (R) above. [ By-law: 1281-2018 ]
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| (9) | Exception EO 9 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | the lands shown as Blocks 1A, 1B, and 2B on Diagram 5 of By-law 1214-2019(LPAT), may be used, and buildings and structures may be erected and used, in compliance (B) through (EE), provided the following are met:
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| (i) | The requirements of Schedule A of By-law 1214-2019(LPAT); and
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| (ii) | Prior to the lifting of the (H) symbol on Blocks 1B, as shown on Diagram 2 of By-law 1214-2019(LPAT), the only use and construction that may occur on the Block must be in accordance with Section 15 of By-law 1214-2019(LPAT);
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| (B) | in addition to those uses permitted in Clauses 60.40.20.10 and 60.40.20.20, car-sharing, bike-sharing, day nurseries and fitness clubs are also permitted; and
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| (C) | for the purpose of this Exception:
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| (i) | Car-sharing means the practice whereby a number of people share the use of one or more motor vehicles and such car-share motor vehicles are made available for short term rental, including hourly rental;
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| (ii) | Car-sharing parking space means a parking space exclusively reserved and signed for a car or cars used only for car-share purposes;
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| (iii) | Bike-sharing means the practice whereby a number of people share the use of one or more bicycles, and bicycles are made available for short term rental, including hourly rental; and
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| (iv) | A bike-sharing station means a bicycle sharing facility where bicycles are capable of being securely stored and from which the general public may rent and return bicycles which are owned by a private sector organization or non-profit organization;
|
|
| (D) | despite any provision of Clause 60.40.20.20 to the contrary and (B) above, the following uses are permitted if they comply with the specific conditions associated with the reference number(s) for each use in Clause 60.40.20.100 as referred to below:
|
|
| (i) | Eating Establishment (16, 20, 28);
|
| (ii) | Public Parking (8, 9);
|
| (iii) | Retail Service;
|
| (iv) | Retail Store (23, 28);
|
| (v) | Personal Service Shop; and
|
| (vi) | Take-Out Eating Establishment (20, 28);
|
|
| (E) | despite regulation 60.40.20.20(1)(B):
|
|
| (i) | Conditions 60.40.20.100(14)(B), (C) and (E) do not apply to an outdoor patio; and
|
| (ii) | On Block 1B, as shown on Diagram 5 of By-law1214-2019(LPAT), despite condition 60.40.20.100(14)(A), outdoor patios must be associated with a permitted use or must be an outdoor patron area that is a permitted non-residential use;
|
|
| (F) | where the whole of a building is occupied by a single retail store or eating establishment, the interior floor area must not exceed 1,000 square metres;
|
| (G) | a portion of a building on Blocks 1A and 1B, as shown on Diagram 5 of By-law 1214-2019(LPAT) may be used for parking, bicycle parking, loading, service access and/or mechanical equipment that serve the users of Blocks 4, 6A, 6B and 7;
|
| (H) | a portion of a building on Block 2B, as shown on Diagram 5 of By-law 1214-2019(LPAT) may be used for parking, bicycle parking, loading, service, access and/or mechanical equipment that serve the users of Blocks 2A and 5;
|
| (I) | for the purpose of this Exception a bicycle is not a vehicle;
|
| (J) | the permitted maximum gross floor area on Blocks 1A, 1B and 2B, as shown on Diagram 5 of By-law 1214-2019(LPAT) is:
|
|
| (i) | 25,500.0 square metres on Blocks 1A and 1B; and
|
| (ii) | 41,945.0 square metres on Block 2B if the total gross floor area of non-residential uses on Blocks 2A and 2B is not more than 42,250 square metres;
|
|
| (K) | no building may be erected or used on Blocks 1A, 1B and 2B, as shown on Diagram 12 of By-law 1214-2019(LPAT), and identified as Street Related Active Uses unless a minimum of 70 percent of the length of the portion of the main wall facing the Street Related Active Uses frontage at the first storey above-ground is occupied by residential lobbies, amenity space and/or permitted non-residential uses, excluding areas used for ancillary uses such as parking, loading or service areas, bicycle parking, storage rooms, washrooms, electrical, utility and mechanical rooms, garbage rooms, exit stairwells and other similar uses;
|
| (L) | vehicle access from Blocks 1A, 1B and 2B to the Future Private Street, as shown on Diagram 12 of By-law 1214-2019(LPAT), is not permitted along the frontage of the Block subject to Street Related Active Uses;
|
| (M) | despite regulation 60.5.40.10(1), and Clause 60.40.40.10 the permitted maximum height of a building or structure in metres, as measured from the average elevation of the ground to the highest point of a building or structure, is the numerical value shown on Diagrams 6 and 7 of By-law 1214-2019(LPAT) following the HT symbol;
|
| (N) | for the purpose of this Exception, the phrase "average elevation of the ground" and the term established grade for Blocks 1A, 1B and 2 within the EO zone, as shown on Diagrams 2 and 5 of By-law 1214-2019(LPAT) is:
|
|
| (i) | 130.47 metres for Block 1A and Block 1B; and
|
| (ii) | 132.96 metres for Block 2B;
|
|
| (O) | despite regulations 60.5.40.10(4)(5) and (6), and in addition to the structures permitted by regulation 60.5.40.10(3), the following elements of a building may exceed the permitted maximum building height as follows:
|
|
| (i) | 0.9 metres for skylights, green roof elements and roof access hatch;
|
| (ii) | 1.5 metres for architectural features, parapets, railings and guard railings;
|
| (iii) | 1.8 metres for terrace dividers, privacy screens and window washing equipment;
|
| (iv) | 3.0 metres for wind screens, wind and mitigation structures, canopies, trellises, awnings and/or other similar shade devices and associated structures, outdoor amenity space elements including outdoor kitchens;
|
| (v) | 7.5 metres for elevator overruns, mechanical equipment and associated enclosures, stairs, stair enclosures, vents, stacks, flues and chimneys; and
|
| (vi) | The elements listed in Regulation (Q) below;
|
|
| (P) | despite Clause 60.40.40.70, the required minimum building setbacks for the portion of a building or structure above-ground are shown on Diagrams 6 and 7 of By-law 1214-2019(LPAT) and for clarity a building setback is not required from a corner rounding at the intersection of two streets;
|
| (Q) | despite regulation 5.10.40.70(1) and Clause 60.5.40.60, the following elements of a building may encroach within a required building setback:
|
|
| (i) | 0.9 metres for architectural features such as cornices, piers, eaves, roof overhangs, mouldings, sills, scuppers, rain water leaders, window washing equipment, and lighting fixtures;
|
| (ii) | 1.5 metres for balconies and guard rails;
|
| (iii) | 2.0 metres for canopies, privacy screens, awnings and/or other similar shade devices and their associated structural elements, utility meters and associated enclosures, railings, vents and structures for wind mitigation;
|
| (iv) | 2.4 metres for retaining walls and stairs;
|
| (v) | Covered bicycle storage enclosures, ramps, garage ramps and associated structures;
|
| (vi) | Wind screens; wind and mitigation structures; canopies, awnings and/or other similar shade devices and their associated structural elements are permitted in connection with a day nursery or similar use; and
|
| (vii) | The elements listed in (O) above;
|
|
| (R) | despite Chapter 200, parking spaces must be provided in accordance with Section 12 of By-law 1214-2019(LPAT); and
|
| (S) | parking spaces for car-sharing must be provided on Blocks 1 and 2B, as shown on Diagram 5 of By-law 1214-2019(LPAT) as follows:
|
|
| (i) | 3 parking spaces on Block 1; and
|
| (ii) | 2 parking spaces which may be located on either or both of Blocks 2A and 2B;
|
|
| (T) | for each car-sharing parking space provided in excess of the required minimum in (S) above, the minimum number of resident parking spaces required on a Block in accordance with Section 12 of By-law 1214-2019(LPAT) may be reduced by four parking spaces, up to a maximum reduction as calculated by the following formula: 4 x (the total number of dwelling units on a Block divided by 60), rounded down to the nearest whole number;
|
| (U) | despite regulation 60.5.80.1(2), required parking spaces may be provided on a non-exclusive basis and may be provided in a public parking facility;
|
| (V) | despite regulation 60.5.80.10(3) and any provision of Section 12 of By-law 1214-2019(LPAT) to the contrary:
|
|
| (i) | Parking spaces required for Blocks 1A and 1B may be provided on any or all of Blocks 1A, 1B, 4 and 7, as shown on Diagram 5 of By-law 1214-2019(LPAT); and
|
| (ii) | Parking spaces required for Block 2A may be provided on any or all of Blocks 2A, 2B, 5 and 5A, as shown on Diagram 5 of By-law 1214-2019(LPAT);
|
|
| (W) | a parking garage must be located entirely below-ground, excluding driveway access ramps and stairs;
|
| (X) | despite Chapter 220, loading spaces must be provided in accordance with Section 13 of By-law 1214-2019(LPAT), with the exception that:
|
|
| (i) | For Blocks 1A and 1B:
|
|
| (a) | the calculation of required loading spaces is based on the total gross floor area on Blocks 1A and 1B;
|
| (b) | required loading spaces may be shared between the uses on Blocks 1A and 1B; and
|
| (c) | required loading spaces may be located on any of Blocks 1A, 1B, 4 and 7; and
|
|
| (ii) | For Block 2B, required loading spaces may be located on any or all of Blocks 2A, 2B and 5;
|
|
| (Y) | Clause 60.40.90.40 does not apply with respect to access to a loading space;
|
| (Z) | despite Chapter 230, bicycle parking spaces must be provided in accordance with Section 14 of By-law 1214-2019(LPAT);
|
| (AA) | Clause 60.40.30.20 does not apply with respect to lot frontage;
|
| (BB) | regulation 60.40.50.10(1), does not apply with respect to the provision of landscaping;
|
| (CC) | despite any severance or division of the lands subject to this Exception, the regulations of this Exception shall continue to apply to the whole of the lands as if no severance or division had occurred;
|
| (DD) | despite regulation 5.10.30.1(1), no building or structure may be erected or used on the lands unless:
|
|
| (i) | The lands abuts an existing street, or is connected to an existing street by a street or streets constructed to a minimum base curb and base asphalt or concrete; and
|
| (ii) | All Municipal water mains and Municipal sewers, and their appurtenances, are installed to a lot line of the property and are operational; and
|
|
| (EE) | for the purpose of regulation 5.10.30.1(2) a street may include a street or streets that have been dedicated to the Municipality but may not be assumed.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1214-2019(LPAT) ] |
| (10) | Exception EO 10 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | The permitted maximum gross floor area for the self-storage warehouse is 14,500.00 square metres;
|
| (B) | Despite Regulation 60.40.40.10 (1) the permitted maximum building height for a self-storage warehouse is 25 metres;
|
| (C) | Despite Regulation 60.40.40.70(2)(A), the required minimum building setback from the south side lot line is 3.6 metres for a self-storage warehouse;
|
| (D) | Despite Clause 200.5.10.1, the permitted maximum number of surface parking spaces is 356, of which a minimum of 78 parking spaces are required for a self-storage warehouse; and
|
| (E) | Despite Clause 220.5.10.1, no loading space is required for a self-storage warehouse.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1521-2019 ] |
| (11) | Exception EO 11 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.34(9) of North York zoning by-law 7625.
|
|
| (12) | Exception EO 12 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | In addition to uses permitted in Clause 60.40.20.10, the following additional uses are permitted, subject to compliance with (C) below, as applicable:
|
|
| (i) | outdoor sales or display;
|
| (ii) | sports place of assembly;
|
| (iii) | amusement arcade;
|
| (iv) | cabaret;
|
| (v) | entertainment place of assembly;
|
| (vi) | nightclub;
|
| (vii) | recreational boating use, including, but not limited to: a boating club, school, rentals, launchings and storage;
|
| (viii) | public wharves;
|
|
| (B) | Despite the uses listed in Clause 60.40.20.10 and 60.40.20.20, the following uses are not permitted:
|
|
| (i) | animal shelter;
|
| (ii) | apparel and textile manufacturing use;
|
| (iii) | beverage manufacturing use;
|
| (iv) | clay product manufacturing use;
|
| (v) | computer, communications, electronics or optical media manufacturing use;
|
| (vi) | contractor's establishment;
|
| (vii) | drive-through facility;
|
| (viii) | food manufacturing use;
|
| (ix) | financial institution;
|
| (x) | hotel;
|
| (xi) | laboratory;
|
| (xii) | medical office;
|
| (xiii) | medical products manufacturing use;
|
| (xiv) | municipal shelter;
|
| (xv) | open storage;
|
| (xvi) | pharmaceutical and medicine manufacturing use;
|
| (xvii) | plastic products manufacturing use;
|
| (xviii) | place of worship;
|
| (xix) | public parking;
|
| (xx) | self-storage warehouse;
|
| (xxi) | service shop;
|
| (xxii) | software development and processing;
|
| (xxiii) | transportation product and vehicle manufacturing use;
|
| (xxiv) | transportation use;
|
| (xxv) | vehicle fuel station;
|
| (xxvi) | veterinary hospital;
|
| (xxvii) | warehouse; and
|
| (xxviii) | wholesaling use;
|
|
| (C) | Despite Clause 60.40.20.20 a cabaret, club, eating establishment, entertainment place of assembly, nightclub, recreation use and take-out eating establishment are permitted if they do not exceed 400 square metres of interior floor area of a building;
|
| (D) | Despite Regulation 60.40.20.100 (3), a Manufacturing Use is permitted if it does not exceed 1,500 square metres of interior floor area of a building;
|
| (E) | Despite Regulations 60.40.20.100 (11) and 60.40.20.100 (19), a Place of Assembly is permitted if it does not exceed 400 square metres of interior floor area of a building;
|
| (F) | Despite Clause 60.40.40.70, the required minimum building setback from a lot line that abuts 8 Unwin Avenue is 7.5 metres;
|
| (G) | In addition to Table 230.5.10.1(1), a Manufacturing Use, Artist Studio, Bindery, Carpenter's Shop, Custom Workshop, Printing Establishment, Production Studio, Service Shop, Place of Assembly, Sporting Place of Assembly, Entertainment Place of Assembly, Club, Performing Arts Studio, Amusement Arcade, Nightclub, Cabaret, and Recreation Use must provide 0.25 bicycle parking spaces per 100 square metres of interior floor area, allocated as follows:
|
|
| (i) | 10 percent short-term bicycle parking spaces; and
|
| (ii) | 90 percent long-term bicycle parking spaces;
|
|
| (H) | A surface parking space may:
|
|
| (i) | not be located in a front yard;
|
| (ii) | not be located in a side yard abutting a street;
|
| (iii) | be located in a side yard not abutting a street, if the parking space is set back a minimum of 5.0 metres from a front lot line; and
|
| (iv) | be located in a rear yard.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1304-2019 Under Appeal ] |
| (13) | Exception EO 13 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | A minimum of 66 parking spaces are required and 10 of the spaces must be located within nine metres of the front lot line; and
|
| (B) | One loading space is required.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (14) | Exception EO 14 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | In addition to the uses permitted in Article 60.40.20, a vehicle washing establishment is permitted.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (15) | Exception EO 15 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 1440 Don Mills Road, a post-secondary school is permitted.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1276-2022(OLT) ] |
| (17) | Exception EO 17 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 2550 Victoria Park Avenue and 2, 4, 6 Lansing Square, if the requirements of By-law 1006-2022 are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (S) below;
|
| (B) | In addition to the permitted uses in Clauses 60.40.20.10 and 60.40.20.20, the following additional uses with conditions are permitted:
|
|
| (i) | day nursery, recreation use, and entertainment facilities, provided:
|
|
| (a) | the permitted use is on floors one, two, or three in a building or structure;
|
|
| (ii) | eating establishments, take-out eating establishments, recreation and entertainment facilities, retail stores and retail services, provided:
|
|
| (a) | the permitted use is located in a building or structure that includes at least one of the uses listed in Regulations 60.40.20.10(1) and 60.40.20.20(1);
|
| (b) | a recreation use is permitted even though the building or structure may not front onto a major street;
|
| (c) | the total interior floor area of each eating establishment and take-out eating establishment may not exceed 500 square metres;
|
| (d) | the interior floor area of each retail service, retail store, and personal service shop will not exceed 500 square metres;
|
|
| (iii) | the permitted maximum area of an outdoor patio is the lesser of 50 square metres or 50 percent of the interior floor area of the premises it is associated with;
|
| (iv) | a retail store is not required to be associated with a permitted manufacturing use;
|
|
| (C) | Despite Clauses 60.40.20.10 and 60.40.20.20, and (B) above, the following uses are not permitted: fire hall, police station, art gallery, club, community centre, education use, library, municipal shelter, museum, performing arts studio, drive through facility, hotel, place of worship, and vehicle fuel station;
|
| (D) | Despite Regulation 60.40.1.10(3), the maximum gross floor area of buildings or structures will not exceed 31,260 square metres and the minimum gross floor area of buildings or structures will be 11,644 square metres, provided:
|
|
| (i) | a minimum of 10,480 square metres will be any combination of: office, medical office, or Software Development and Processing;
|
|
| (E) | Despite Regulations 60.5.40.10.(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 175.15 metres and the elevation of the highest point of the building or structure;
|
| (F) | Despite Regulation 60.40.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" on Diagram 7 to By-law 1006-2022; and
|
| (G) | Despite Regulation 60.5.40.10(3) to (6) and (F) above, the following equipment and structures may project beyond the permitted maximum height:
|
|
| (i) | equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 7.0 metres;
|
| (ii) | structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, inclusive of a mechanical penthouse, by a maximum of 7.0 metres;
|
| (iii) | architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 0.5 metres;
|
| (iv) | building maintenance units and window washing equipment, by a maximum of 7.0 metres;
|
| (v) | planters, landscaping features, guard rails, by a maximum of 3.0 metres;
|
| (vi) | unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 5.0 metres; and
|
| (vii) | public art features and exoskeleton structures;
|
|
| (H) | Despite Clauses 60.5.40.70 and 60.40.40.70, the required minimum building setbacks are as shown in metres on Diagram 7 of By-law 1006-2022;
|
| (I) | Despite Regulations 5.10.40.70(1), 60.5.40.70(1), 60.40.40.70(1), (2) and (3), no portion of a building or structure erected or used above-ground may be located otherwise than wholly within a building envelope delineated by the heavy lines specified on Diagram 7 of By-law 1006-2022;
|
| (J) | Despite Regulations 60.5.40.60, and subsections (H) and (I) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances, and be located outside a building envelope delineated by the heavy on Diagram 7 of By-law 1006-2022 as follows
|
|
| (i) | canopies and awnings, to a maximum of 4.5 metres;
|
| (ii) | exterior stairs, access ramps and elevating devices, to a maximum of 6.0 metres;
|
| (iii) | cladding added to the exterior surface of the main wall of a building, to a maximum of 0.5 metres;
|
| (iv) | architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, to a maximum of 1.0 metres;
|
| (v) | eaves, to a maximum of 0.5 metres;
|
| (vi) | pergolas, patios, guardrails, balustrades, railings, decorative/ acoustic doors and screens and light fixtures, to a maximum of 3.0 metres;
|
| (vii) | trellises and planters, to a maximum of 5.0 metres;
|
| (viii) | air conditioners, satellite dishes, antennae, vents, and pipes, safety and wind protection/mitigation features, damper equipment to reduce building movement, and elements required for the functional operation of a building, to a maximum of 1.0 metres;
|
| (ix) | site servicing features and window washing equipment, including a Building Maintenance Unit or crane, to a maximum of 3.0 metres; and
|
| (x) | public art installations, fences, art and landscaping features, and ventilation shafts;
|
|
| (K) | The maximum "Tower" floor plate of any building on "Block 4" shown on Diagram 3 of By-law 1006-2022, shall be 1,740 square metres;
|
| (L) | Despite Clause 60.5.80.10 and Regulations 60.5.80.1(2) and 200.5.1(2), the parking spaces required for permitted uses may be provided on any lands that are the subject of this By-law, as outlined by heavy black lines on Diagram 1 of By-law 1006-2022, and do not have to be provided on the "Block" containing the use for which the parking spaces are required;
|
| (M) | Despite Regulation 200.15.1(1), an accessible parking space must have the following minimum dimensions:
|
|
| (i) | a length of 5.6 metres;
|
| (ii) | width of 3.4 metres; and
|
| (iii) | vertical clearance of 2.1 metres;
|
|
| (N) | Despite Regulations 200.15.1 (3) and (4):
|
|
| (i) | the entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;
|
| (ii) | accessible parking spaces are required to be within 30 metres of a barrier free entrance to the building and passenger elevator that provides access to the first storey of the building; and
|
| (iii) | an accessible parking space is to be provided on the Block of the building where the accessible parking space is required;
|
|
| (O) | Despite Regulations 220.5.1.10(2), (3) and (4) and 220.5.10.1(3) to (5), (7) and (9), the minimum number of loading spaces required on "Block 4" on Diagram 3 of By-law 1006-2022 are as follows:
|
|
| (i) | two (2) type 'B' loading spaces; and
|
| (ii) | three (3) type 'C' loading spaces;
|
|
| (P) | Despite Regulation 60.40.90.40(2), a loading space located in a building may have access through a main wall that faces a street;
|
| (Q) | Despite Regulation 230.5.1.10(4)(A)(ii), the required minimum width of a stacked bicycle parking space is;
|
|
| (i) | length of 1.6 metres;
|
| (ii) | width of 0.3 metres; and
|
| (iii) | vertical clearance of 1.1 metres;
|
|
| (R) | Despite Regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in a stacked bicycle parking space in any combination of vertical, horizontal or stacked positions;
|
| (S) | "Short-term" bicycle parking spaces are to be provided on the Block of the building where the "short-term" bicycle parking spaces are required.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1006-2022 Under Appeal ] |
| (19) | Exception EO 19 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On lands municipally known as 340-376R Dufferin Street and 2 Melbourne Avenue, if the requirements of Section 6 of By-law 160-2022 are complied with, buildings and structures may be erected, used or enlarged in compliance with (B) to (O) below;
|
| (B) | Despite Clauses 60.40.20.10 and 60.40.20.20, the following uses are not permitted on the lot:
|
|
| (i) | Dry Cleaning or Laundry Plant
|
| (ii) | Cold Storage
|
| (iii) | Hotel
|
| (iv) | Open Storage
|
| (v) | Drive Through Facility
|
| (vi) | Vehicle Fuel Station
|
| (vii) | Cogeneration Energy
|
| (viii) | Computer, Communications, Electronics, or Optical Media Manufacturing Use
|
| (ix) | Contractor's Establishment
|
| (x) | Metal Products Manufacturing Use
|
| (xi) | Pharmaceutical and Medicine Manufacturing Use
|
| (xii) | Plastic Product Manufacturing Use
|
| (xiii) | Public Utility
|
| (xiv) | Transportation Product and Vehicle Manufacturing Use
|
| (xv) | Transportation Use
|
|
| (C) | In addition to the uses permitted by Clauses 60.40.20.10 and 60.40.20.20, the following are also permitted on the lot:
|
|
| (i) | Non-Profit Organization
|
| (ii) | Amusement Arcade
|
| (iii) | Day Nursery
|
| (iv) | Market Garden
|
|
| (D) | Despite Regulation 60.40.20.10(1), the total interior floor area of wholesaling uses on the lot may not exceed 3,720 square metres;
|
| (E) | Despite Regulation 60.40.20.100(6), the total interior floor area of retail services, retail stores or personal service shops on a lot may not exceed 10 percent of the gross floor area of the buildings on the lot;
|
| (F) | Regulation 60.40.20.100(23), with respect to specific use conditions for a retail store, together with a manufacturing use, does not apply;
|
| (G) | The following uses shall not be permitted in the area labelled as "Zone A" on Diagram 5 attached to By-law 160-2022:
|
|
| (i) | Industrial Sales and Service Use
|
| (ii) | Laboratory
|
| (iii) | Apparel and Textile Manufacturing Use
|
| (iv) | Beverage Manufacturing Use
|
| (v) | Clay Product Manufacturing Use
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| (vi) | Food Manufacturing Use
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| (vii) | Furniture Manufacturing Use
|
| (viii) | Medical Equipment and Supplies Manufacturing Use
|
| (ix) | Renewable Energy
|
|
| (H) | Despite Regulations 60.40.20.100(14)(E), (F), (H) (I) and (J) an outdoor patio is permitted, provided:
|
|
| (i) | it is located only within the area labelled as "Zone B" on Diagram 5 attached to By-law 160-2022;
|
| (ii) | the maximum area does not exceed 150 square metres; and
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| (iii) | it is not located above the first storey of a building;
|
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| (I) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, a minimum of 27 parking spaces must be provided on the lot;
|
| (J) | Despite Regulations 200.5.1.10(2) and (3), a parking space that existed on the lot as of March 9, 2022, that has dimensions that are less than, or greater than, the required dimensions, is permitted and such parking space may be used to satisfy the requirements of Regulation (I) above;
|
| (K) | Regulation 200.5.1(3) with respect to drive aisle widths does not apply;
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| (L) | Section 200.15 does not apply;
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| (M) | Despite Regulation 230.5.10.1(1), a minimum of 22 "short-term" bicycle parking spaces must be provided;
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| (N) | Despite Regulation 60.5.100.1(1), a driveway must have a minimum width of 4.5 metres; and
|
| (O) | Despite Regulation 220.5.1(2) and Clause 220.5.10.1, zero loading spaces are required to be provided and maintained on the lot.
|
|
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 160-2022 Enacted ] |
| (20) | Exception EO 20 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | Regulations 60.40.40.10(1) and (2) do not apply to a transportation use;
|
| (B) | Regulations 60.40.40.70(1), (2), and (3) do not apply to a transportation use;
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| (C) | Despite Clause 60.40.50.10(1), any lot line abutting a street for lots with a transportation use must have a minimum 1.0 metre wide strip of soft landscaping along the entire length of the lot line, exclusive of driveways and walkways;
|
| (D) | Regulation 60.40.30.20(1) does not apply to a transportation use; and
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| (E) | None of the provisions of By-law 569-2013 will apply to prevent the erection or use of a construction office for the purpose of constructing a transportation use.
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|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 8.4.1(c), Section 8.4.1(d) and Section 8.4.1(e), former Town of Leaside By-law 1916. [ By-law: 910-2022 ]
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|
| (21) | Exception EO 21 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | In addition to the uses permitted in Article 60.40.20, a funeral establishment is permitted; and
|
| (B) | The floor space index for a funeral home must not exceed 0.5.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (22) | Exception EO 22 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 8.4.1(c), Section 8.4.1(d) and Section 8.4.1(e), former Town of Leaside by-law 1916.
|
|
| (23) | Exception EO 23 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of Etobicoke by-law 2351; and
|
| (B) | City of Toronto by-law 87-2003.
|
|
| (24) | Exception EO 24 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | City of Toronto by-law 277-2003.
|
|
| (25) | Exception EO 25 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of Etobicoke by-law 1979-111;
|
| (B) | Former City of Etobicoke by-law 1979-143; and
|
| (C) | Former City of Etobicoke by-law 1979-196.
|
|
| (26) | Exception EO 26 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | In addition to the uses permitted in Article 60.40.20, amusement arcade use is permitted if:
|
|
| (i) | the maximum gross floor area for amusement arcade use must not exceed 72.0 square metres;
|
| (ii) | it must be located on the first floor; and
|
| (iii) | it must only be accessible from the interior of the building.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (27) | Exception EO 27 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | Despite Article 60.40.20, only the following uses are permitted:
|
|
| (i) | office use; and
|
| (ii) | eating establishment, financial institution, personal service shop, and retail store, if they comply with Clause 60.40.20.100 and Chapter 150;
|
|
| (B) | 5.5 parking spaces must be provided for each 93.0 square metres of gross floor area used for medical or dental offices;
|
| (C) | The maximum height of a the building must not exceed 2 storeys, excluding mechanical equipment;
|
| (D) | The maximum floor space index must not exceed 0.5, excluding elevated parking structures;
|
| (E) | A minimum of 20% of the total lot area must be used for soft landscaping;
|
| (F) | The maximum height for an elevated parking structure must not exceed 2 storeys;
|
| (G) | The minimum building setback from a lot line abutting a street is 7.5 metres;
|
| (H) | The minimum building setback from a side lot line or rear lot line is 3.0 metres; and
|
| (I) | The minimum building setback from a lot line for a parking space is 3.0 metres.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (28) | Exception EO 28 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | Despite Article 60.40.20, only the following uses are permitted:
|
|
| (i) | office use; and
|
| (ii) | eating establishment, financial institution, personal service shop, and retail store, if they comply with Clause 60.40.20.100 and Chapter 150;
|
|
| (B) | 5.5 parking spaces must be provided for each 93.0 square metres of gross floor area used for medical or dental offices;
|
| (C) | The maximum height of a building, excluding mechanical equipment must not exceed either:
|
|
| (i) | 2.0 storeys, with a maximum floor space index of 0.5 and a minimum 20% of the lot area must be used for soft landscaping; or
|
| (ii) | 5.0 storeys, with a maximum floor space index of 1.0 and a minimum 30% of the lot area must be used for soft landscaping;
|
|
| (D) | The maximum height for an elevated parking structure must not exceed 2 storeys;
|
| (E) | The minimum building setback from a lot line abutting a street is 7.5 metres;
|
| (F) | The minimum building setback from a side lot line is 3.0 metres;
|
| (G) | The minimum building setback from a lot line abutting Mimico Creek is 30.0 metres; and
|
| (H) | The minimum building setback from a lot line for a parking space is 3.0 metres.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (29) | Exception EO 29 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | Despite Article 60.40.20, only the following uses are permitted: hotel, office and uses ancillary to these uses, provide they comply with Clause 60.40.20.100 and Chapter 150 of this By-law;
|
| (B) | The minimum building setback from a lot line abutting the Open Space Zone category is 15.0 metres;
|
| (C) | The minimum building setback from a lot line abutting a street is 7.5 metres;
|
| (D) | The minimum building setback from a side lot line is 7.5 metres;
|
| (E) | The minimum building setback for an underground structure from a lot line abutting a street or a side lot line is 2.5 metres;
|
| (F) | The minimum building setback for an underground structure from a lot line abutting the Open Space Zone category is 9.0 metres; and
|
| (G) | A minimum 3.0 metre wide soft landscaping strip of land is required along all lot lines abutting a street and a minimum 15.0% of the total lot area must be used for soft landscaping.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (30) | Exception EO 30 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | Despite Article 60.40.20, only office use is permitted;
|
| (B) | The minimum building setback from a lot line abutting Farnboro Rd. is 7.6 metres;
|
| (C) | The minimum building setback from a lot line abutting Attwell Drive is 24.0 metres;
|
| (D) | The minimum building setback from a lot line abutting Carlson Court is 7.6 metres;
|
| (E) | The minimum building setback from a lot line abutting Highway 27 is 24.0 metres;
|
| (F) | A minimum of 15.0% of the total lot area must be used for soft landscaping;
|
| (G) | A minimum 4.6 metre wide soft landscaping strip of land is required along all lot lines abutting Farnboro Rd., Attwell Drive and Carlson Court and a parking area, excluding walkways and driveways; and
|
| (H) | A minimum 6.0 metre wide soft landscaping strip of land is required along the lot lines abutting Highway 27 and a parking area, excluding walkways and driveways.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (31) | (31) Exception EO 31 |
| The lands, or a provision thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On lands known municipally as 815-845 Eglinton Avenue East if the requirements of this By-law 1115-2022(OLT) are complied with, the erection or use of a building, structure, addition or enlargement is permitted in compliance with Regulations (B) through (U) below.
|
| (B) | In addition to the uses permitted in Regulation 60.40.20.10(1), public parking is permitted below ground, and a recreation use is permitted provided that it is a fitness centre only.
|
| (C) | Despite Regulation 60.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 131.8 metres, and the highest point of the building or structure.
|
| (D) | Despite Regulation 60.40.40.10(1), the permitted maximum height of a building or structure is the numerical value in metres following the letters "HT" as shown on Diagram 7 of By-law 1115-2022(OLT).
|
| (E) | The permitted maximum number of storeys in a building is the numerical value following the letters "ST" as shown on Diagram 7 of By-law 1115-2022(OLT) excluding mechanical penthouses, mezzanines, generators, stair enclosures and elevator overruns.
|
| (F) | Despite Regulations 60.5.40.10(3)-(6), 60.40.40.10(2) and (D) above the following elements may exceed the permitted maximum building height as follows:
|
|
| (i) | a roof structure which is used to house stairwells for roof access and/or the mechanical, window washing, electrical or ventilation systems for the building by a maximum of 8.0 metres;
|
| (ii) | architectural features and design elements including skylights, parapets, cornices, mouldings, flashings, and landscape elements by a maximum of 3.0 metres;
|
| (iii) | elevator overruns, structural supports, railings, roof drainage, thermal insulation and roof ballast terraces, terrace or balcony guards and dividers, planters, stairs, stair enclosures, wall or structure elements and railings, lighting fixtures, vents, flues, ventilation shafts, pipes, access roof hatch, outdoor furniture, fence, pergolas, trellises, skylights, pools, structures used for wind protection purposes, signage, window washing equipment, lighting fixtures, lightning rods by a maximum of 5.0 metres;
|
| (iv) | generators by a maximum of 8.0 metres;
|
| (v) | outdoor amenity areas including fireplaces, and structures located on the roof used for outside or open air recreation, or safety by a maximum of 4.0 metres;
|
| (vi) | a roof s tructure used to house an elevator for roof access and/or related elevator overrun and mechanicals and washrooms to service outdoor amenity areas by a maximum of 8.0 metres; and
|
| (vii) | green roof elements and/or structures by a maximum of 2.0 metres.
|
|
| (G) | Despite Clause 60.40.40.70, the required minimum building setbacks are shown in metres on Diagram 7 of By-law 1115-2022(OLT);
|
| (H) | Despite Clause 60.5.40.70, the required minimum building stepbacks are shown on Diagram 7 of By-law 1115-2022(OLT);
|
| (I) | Despite Regulation 5.10.40.70(1), Clause 60.5.40.60, Clause 60.5.40.70, Clause 60.40.40.70 and Regulations (G) and (H) above, the following may encroach into a required building setback, stepback, or minimum above-ground distance between main walls, as shown on Diagram 7 of By-law 1115-2022(OLT):
|
|
| (i) | at-grade terraces by a maximum of 5.0 metres;
|
| (ii) | canopies and awnings by a maximum of 2.0 metres;
|
| (iii) | window sills by a maximum of 2.0 metres; and
|
| (iv) | architectural features and design elements including entry portals, eaves, guardrails, landscape elements, ornamental elements, retaining walls, window washing equipment, vents, parapets, cornices, mouldings, flashings, railings, pergolas, trellises, lighting fixtures, structures used for wind protection purposes, signage, exterior stairways and railings, structural supports, wheelchair ramps and decks and ramps by a maximum of 2.0 metres.
|
|
| (J) | Despite Regulation 60.5.40.40(2) the total g ross floor area of all building and structures on the land must be provided in accordance with Section 11 of By-law 1115-2022(OLT);
|
| (K) | For the purposes of this exception Clause 60.40.50.10 does not apply;
|
| (L) | Despite Regulations 200.5.10.1(1),(3),(4) and (6) and 200.5.1.10(2) parking spaces must be provided in accordance with Section 12 of By-law 1115-2022(OLT);
|
| (M) | Despite Regulations 60.5.80.1(2), 60.5.80.10(1) and (2) and Clause 60.5.80.10, the parking spaces required by (L) above:
|
|
| (i) | may be shared between the uses on the lands zoned CR SS2(x61) and EO(x31) shown on Diagram 2 of the By-law 1115-2022(OLT);
|
| (ii) | may be located on any lands zoned CR SS2(x611) and/or EO(x31) shown on Diagram 2 of the By-law 1115-2022(OLT); and
|
| (iii) | may be provided on a non-exclusive basis and may be provided within a below ground public parking facility on the lands.
|
|
| (N) | Despite Regulation 60.5.80.20, 60.5.100.10(2) and (3) vehicle access to the uses on lands may be provided over lands zoned CR SS2(x611) and/or EO(x31) shown on Diagram 2 of the By-law 1115-2022(OLT);
|
| (O) | Despite Chapter 220, loading spaces must be provided in accordance with Section 13 of By-law 1115-2022(OLT);
|
| (P) | The loading spaces required by (O) above:
|
|
| (i) | may be shared between the uses on the lands zoned CR SS2(x611) and EO(x31) shown on Diagram 2 of By-law 1115-2022(OLT); and
|
| (ii) | may be located on any of the lands zoned CR SS2(x611) and EO(x31) shown on Diagram 2 of By-law 1115-2022(OLT).
|
|
| (Q) | Despite Regulation 60.40.90.40 (1) and (2) loading access to the uses on lands may be provided over lands zoned CR SS2(x611) and EO(x31) shown on Diagram 2 of By-law 1115-2022(OLT) and vehicle access to a loading space is not required to be from an abutting lane.
|
| (R) | Despite Article 230.5.1, bicycle parking spaces must be provided in accordance with Section 14 of By-law 1115-2022(OLT);
|
| (S) | The bicycle parking spaces required by (R) above:
|
|
| (i) | may be shared between the uses on the lands zoned CR SS2(x611) and EO(x31) shown on Diagram 2 of By-law 1115-2022(OLT); and
|
| (ii) | may be located on any lands zoned CR SS2(x611) and/or EO(x31) shown on Diagram 2 of By-law 1115-2022(OLT).
|
|
| (T) | Despite any Regulation to the contrary, a portion of a building on the lands may be used for parking spaces, bicycle parking spaces, loading spaces, service, access and/or mechanical equipment that serve the uses of the lands zoned CR SS2(x611) shown on Diagram 2 of By-law 1115-2022(OLT).
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | None Apply [ By-law: 1115-2022(OLT) ]
|
|
|
