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Chapter 900 Site Specific Exceptions
900.31 IH - Zone
| (1) | (1) IH Zone Exceptions |
| The regulations located in Article 900.31.10 apply only to the exceptions subject to the IH zone and identified with the corresponding exception number.
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| (1) | Exception IH 1 |
| The lands or 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 175 Elizabeth Street, none of the provisions of 230.5.1.10(7) and (9), 230.80.1.20(2), 600.10 and 600.10.10 apply to prevent the erection or use of a building, structure, addition or enlargement if it complies with By-law 1303-2018, including compliance with Regulations (B) to (L) below;
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| (B) | Despite Regulation 80.5.40.10(1), the average elevation of the ground is the Canadian Geodectic Datum elevation of 96.13 metres;
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| (C) | Despite Clauses 80.5.40.10 and 80.20.40.10, the height of any building or structure must not exceed the maximum height in metres specified by the numbers following the letters "HT" shown on Diagrams 3 and 4 of By-law 1303-2018;
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| (D) | Despite Clause 80.20.40.40, the permitted maximum floor space index of the building is 20.5;
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| (E) | Despite Regulation 80.20.20.100(4)(B), a retail store, personal service shop and eating establishment may have an interior floor area of up to 500 square metres;
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| (F) | In addition to the uses permitted by Article 80.20.20, a community centre, club and recreation use, with the exception of a billiards hall and pool hall, are also permitted;
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| (G) | The combined maximum interior floor area of a club and a recreation use is 1,000 square metres;
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| (H) | No portion of the building above ground is located other than wholly within the areas delineated by heavy lines on Diagram 3 of By-law 1303-2018 with the exception of a permitted building or structure related to a publicly accessible pedestrian connection located not less than 10 metres above grade and connecting the building to an institutional building across and on the west side of Elizabeth Street;
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| (I) | Despite Clauses 80.5.40.70 and 80.20.40.70, the minimum building setbacks are:
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| (i) | For the first 10 metres of the building above ground, as shown on Diagrams 3 and 4 of By-law 1303-2018 being 4.0 metres from the southerly front lot line, 3.0 metres from the northerly side lot line and 3.0 metres from the westerly side lot line, but specifically excluding supporting columns, piers or other structural systems; and
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| (ii) | No setback will be required for any portion of the building located 10.0 metres above the average elevation of the ground identified in Regulation (B) above;
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| (J) | Despite Regulation (I) above, the height of any building or structure, including permitted exceptions, is subject to any further limitations as may be set out in a by-law passed under an agreement pursuant to section 5.81 of the Aeronautics Act, R.S.C. 1985 c.A-2;
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| (K) | Despite the parking requirements in Article 200.5.10, no parking spaces are required to be provided; and
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| (L) | Despite Clause 80.20.90.10 and Chapter 220, a total of 5 loading spaces may be located on the adjacent lands municipally known as 674-686 Bay Street, 72-74 Elm Street and 85-87 Walton Street.
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Prevailing By-laws and Prevailing Sections: (None apply)
[ By-law: 1303-2018 ] |
| (2) | Exception IH 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) | A single nursing home use is permitted provided:
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| (i) | the maximum height of the nursing home is the lesser of 3 storeys and 12.0 metres;
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| (ii) | the nursing home is have a maximum of 160 bed-sitting rooms; and
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| (iii) | there must be a minimum of 21 parking spaces provided for the nursing home;
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| (B) | A single medical office building is permitted if:
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| (i) | the maximum height of the medical office building is the lesser of 4 storeys and 16.0 metres; and
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| (ii) | parking must be provided at the minimum rate of 3.0 spaces for each 100 square metres used as a financial institution or pharmacy and at a minimum rate of 5.5 parking spaces for each 100 square metres used for all other offices uses in the building; and
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| (C) | On the date of the enactment of this By-law:
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| (i) | the maximum lot coverage is equal to the area of the lot covered by all building and structures;
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| (ii) | the permitted maximum gross floor area for all buildings on a lot is not exceed the gross floor area of all building existing on the lot;
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| (iii) | the minimum number of required parking spaces is not be reduced to less than the number of parking spaces existing or required; and
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| (iv) | the maximum height for any part of a building is equal to the existing height of that part of the building.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (3) | Exception IH 3 |
| 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 lands municipally known as 140, 150, 160, 170, 190 and 220 Sherway Drive, if the requirements of Section 11 and Schedule A of By-law 814-2021 are complied with, buildings and structures may be erected, used or enlarged in compliance with (B) to (P) below;
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| (B) | For the purposes of this exception:
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| (i) | Area A, Area B, Area C and Area D are shown on Diagram 7 of By-law 814-2021;
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| (ii) | lot is defined as the lands outlined by black lines collectively comprising Area A, Area B, Area C and Area D identified on Diagram 7 attached to By-law 814-2021;
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| (iii) | lot line is defined to include the boundary of any of Areas A, Area B, Area C and Area D identified on Diagram 7 attached to By-law 814-2021; and
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| (iv) | Area A, Area B, Area C and Area D are defined to include the corresponding area within the lot as identified on Diagram 7 attached to By-law 814-2021;
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| (C) | Despite Regulation 80.5.40.10(1), the height of a building or structure is the vertical distance between the Canadian Geodetic Datum elevations identified for Area A, Area B, Area C, and Area D below and the highest point of the building or structure. The Canadian Geodetic Datum elevations are as follows:
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| (i) | 110.4 metres for Area A; [ By-law: 938-2021 ]
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| (ii) | 111.5 metres for Area B;
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| (iii) | 111.4 metres for Area C; and
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| (iv) | 110.6 metres for Area D;
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| (D) | Despite Regulation 80.20.40.10(1), the maximum permitted building height for the Area A and Area B shown on Diagram 7 of By-law 814-2021 are as follows:
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| (i) | Area A: 23 metres; and
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| (ii) | Area B: 46 metres to a maximum of 9 storeys, in which:
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| (a) | only indoor amenity space is permitted above the 8th storey to a maximum gross floor area of 350 square metres;
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| (E) | Despite Regulation 80.20.40.10(1), within Area C and Area D, the height of any building or structure existing on the date of the enactment of By-law 814-2021 is deemed to comply;
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| (F) | Despite Regulations 80.5.40.10(3) and (4), and (D) and (E) above, within Area A and Area B as shown on Diagram 7 of By-law 814-2021, the following elements of a building may project to a maximum of 6.0 metres above the maximum permitted building heights:
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| (i) | equipment used for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment;
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| (ii) | structures or parts of the building that are used for the functional operation of the building, such as mechanical penthouse, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, vents, and water supply facilities;
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| (iii) | structures that enclose, screen or cover the elements listed in (i) and (ii) above; and
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| (iv) | parapets, safety screens, and safety railings;
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| (G) | Despite Regulation 80.20.40.40(1), the maximum permitted gross floor area for Areas A, Area B, Area C, and Area D as shown on Diagram 7 of By-law 814-2021 is as follows:
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| (i) | 26,500 square metres in Area A;
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| (ii) | 50,500 square metres in Area B, of which a maximum of 47,500 square metres is permitted for a hospital building;
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| (iii) | 31,000 square metres in Area C; and
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| (iv) | 6,600 square metres in Area D;
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| (H) | Despite Clause 80.20.40.70, building setbacks of any existing buildings and structures within Area C and Area D at the time of the passing of By-law 814-2021 are the minimum required building setbacks for those buildings and structures;
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| (I) | Despite Clause 80.20.40.70, the minimum required building setbacks from the lot lines for Area A and Area B as shown on Diagrams 7 and 8 of By-law 814-2021 must be:
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| (i) | 3.0 metres for front yards;
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| (ii) | 5.0 meters for rear yards;
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| (iii) | 3.0 metres for side yards;
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| (iv) | 5.0 metres from any lot lines abutting utility corridors; and
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| (v) | Notwithstanding provisions (i) to (iii) above, a minimum required building setback of 3.0 metres must be provided from any lot line abutting a future public street, as shown on Diagram 7 and 8 of this By-law;
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| (J) | For the purposes of this exception, the front lot line for:
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| (i) | Area A is the lot line abutting the future public street as shown on Diagram 8 of By-law 814-2021; and
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| (ii) | Area B is the lot line abutting The West Mall;
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| (K) | For Area B, where a main wall of the building has windows and a line projected at a right angle from one of these main walls intercepts another main wall with windows on the same building, the required minimum above-ground separation distance between the main walls must be 19.0 metres;
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| (L) | The minimum soft landscaping requirement for Area A and Area B is 10 percent of the total area for each
respective Area, as shown on Diagram 7 of By-law 814-2021;
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| (M) | Despite Regulation 200.5.10.1 and Table 200.5.10.1, required parking spaces for Area A, Area B, Area C and Area D must be provided as follows:
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| (i) | 1.59 parking spaces per 100 square metres of gross floor area for a hospital;
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| (ii) | 2.4 parking spaces per 100 square metres of gross floor area for a medical office use; and
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| (iii) | 0.3 parking spaces per dwelling unit and bed-sitting room for a hospice care home;
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| (N) | Despite Clause 80.5.80.10, a maximum of 16 percent of the parking spaces required in (M) above may be located off-site within 300 metres of the lands identified in Diagram 1 and must be available for the use for which it is required. Required parking may also be provided in the area allocated for ancillary parking in the ON - Open Space Natural Zone, as identified in Diagram 8;
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| (O) | Despite Clause 220.5.10.1, a minimum of 4 'Type A' loading spaces and 2 'Type B' loading spaces must be provided for the hospital in Area B; and
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| (P) | The lands identified with the symbol "(H)" in the zone label on Diagram 2 of By-law 814-2021 are restricted in use as specified by Section 10 of By-law 814-2021.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 814-2021 ] |
| (4) | Exception IH 4 |
| 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: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | On 55 - 57 Ameer St., 3560 Bathurst St., and 30 - 36 Baycrest Avenue, Section 64.44(2), of the former City of North York zoning by-law 7625; and
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| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (5) | Exception IH 5 |
| 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 274 St. Johns Road, 625-637 Runnymede Road and 40 Fisken Avenue, as shown on Diagram 1 of this By-law, a building, structure, addition or enlargement is permitted in compliance with (B) through (J) below;
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| (B) | Despite regulation 80.20.40.40(1), the permitted maximum combined gross floor area for a hospital, nursing home and ancillary uses is 28,000 square metres;
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| (C) | Despite regulation 80.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 119.0 metres and the elevation of the highest point of the building or structure;
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| (D) | Despite regulations 80.20.40.10(1), the permitted maximum height of any building or structure on the lot is the height in metres specified by the numbers following the symbol HT as shown on Diagram 5 of By-law 643-2020, inclusive of rooftop facilities, elements, structures and mechanical penthouse otherwise permitted by clause 80.5.40.10;
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| (E) | Despite (D) above, exhaust fans, flue stacks and ladders may project above the permitted maximum building heights shown on Diagram 5 of By-law 643-2020, by no more than 6.0 metres;
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| (F) | Despite clause 80.20.40.70, the required minimum building setback in metres are as shown on Diagram 5 of By-law 643-2020;
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| (G) | Despite regulations 200.5.10.1.(1), vehicle parking spaces must be provided on the lot in accordance with the following:
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| (i) | a minimum of 0.42 parking spaces per 100 square metres of existing gross floor area must be provided for the existing hospital; and
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| (ii) | a minimum of 0.30 parking spaces per bed-sitting room must be provided for the nursing home;
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| (H) | Despite regulation 200.15.1.(4) and By-law 579-2017 accessible parking spaces will have the following minimum dimensions:
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| (i) | Length of 5.6 metres;
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| (ii) | Width of 3.4 metres; and
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| (iii) | Vertical clearance of 2.1 metres;
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| (I) | Regulation 200.15.1(4), with respect to the location of accessible parking spaces, does not apply; and
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| (J) | Despite clause 220.5.10.1, a minimum of 3 Type "B" loading spaces and 2 Type "C" loading spaces must be provided.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[Diagram 5 amended by By-law 950-2020]
[ By-law: 643-2020 Enacted ] |
| (6) | Exception IH 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) | The maximum floor space index is 0.75;
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| (B) | The permitted maximum height must not exceed the height of the tallest lawfully existing building or structure on the lot; and
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| (C) | The minimum required building setback from each lot line is the distance between that lot line and the nearest main wall of a lawfully existing building on the lot.
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| (D) | The requirements of (A), (B) and (C) above, do not apply to a building or structure with a transportation use; [ By-law: 1115-2018 ]
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| (E) | For a transportation use:
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| (i) | the following regulations and clauses do not apply: 5.10.30.1, 80.5.60.20, 80.10.30.40, 80.20.30.20, and 80.20.40.70; and
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| (ii) | despite 80.5.50.10(1) a minimum 0.3 metre wide strip of soft landscaping must be provided along the part of the lot line abutting a lot in the Residential Zone category;
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| (F) | Despite Clause 80.5.40.40 floor space index is calculated only for the above ground portion of a building or structure with a transportation use; and [ By-law: 1115-2018 ]
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| (G) | Despite 80.10.40.40(1), the maximum permitted floor space index for a building with a transportation use is 1.0. [ By-law: 0559-2014 (OMB PL130592); 1115-2018 ]
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (8) | Exception IH 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) | The maximum lot coverage must not exceed the lower of:
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| (i) | 35%; or
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| (ii) | that which existed on the date of the enactment of this By-law;
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| (B) | The maximum gross floor area is not exceed that which existed on the date of the enactment of this By-law;
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| (C) | The permitted maximum height for each part of each building or structure is not exceed that which existed for each part of each building or structure on the date of the enactment of this By-law;
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| (D) | The minimum required front yard, side yard and rear yard setback for each building and structure is not be less than that which existed for each part of each building on the date of the enactment of this By-law; and
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| (E) | The minimum number of parking spaces required is not be reduced to less than the number of parking spaces that existed on the date of the enactment of this By-law.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (10) | Exception IH 10 |
| 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 ground floor area must not exceed 40% of the lot area;
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| (B) | The minimum front yard setback is 18 metres where the front lot line front onto Birchmount Rd.;
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| (C) | The minimum building setback from a side lot line and rear lot line is a distance equal to half the height of the building; and
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| (D) | The only use permitted is a hospital.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (11) | Exception IH 11 |
| 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 minimum building setback from a lot line that abuts a street is 3.0 metres; and
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| (B) | The gross floor area of all buildings must not be more that 100% of the lot area.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule "C" Exception 23 and 24, of former City of Scarborough by-law 11883.
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| (12) | Exception IH 12 |
| 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 the zone, the following uses are also permitted:
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| (i) | public school;
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| (ii) | private school;
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| (iii) | recreational use;
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| (iv) | club;
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| (v) | place of worship; and
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| (vi) | retirement home.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (13) | Exception IH 13 |
| 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: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | City of Toronto by-law 124-2002.
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| (15) | Exception IH 15 |
| 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 minimum building setback from a lot line that abuts:
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| (i) | Lawrence Avenue, is 36.0 metres, measured from the original centreline of the street;
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| (ii) | McCowan Avenue, is 25.0 metres, measured from the original centreline of the street;
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| (B) | Despite the conditions for conditional permitted uses in the zone, nursing homes, student accommodation, living accommodation for hospital personnel, and offices for medical practitioners are permitted without the need to be owned or operated on behalf of the hospital;
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| (C) | In addition to the uses permitted in the zone, a senior's apartment building is also permitted;
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| (D) | The requirements of (A) above do not apply to a transportation use;
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| (E) | Regulation 80.20.80.20(1) does not apply to a parking space provided for a transportation use;
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| (F) | Despite Clause 80.5.40.40, floor space index is calculated only for the above ground portion of a building or structure with a transportation use;
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| (G) | Regulation 80.20.30.20(1), and Clause 80.20.40.70 do not apply to a transportation use;
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| (H) | The maximum permitted floor space index for transportation use in a building is 1.0 times the area of the lot; and
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| (I) | Clause 80.20.30.40 does not apply to a transportation use.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 403-2022 ] |
| (16) | Exception IH 16 |
| 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 a lot in the area bounded by College St., Queens Quay, John St. and Church St., a recreation use and an amusement arcade is permitted that is not subject to the required parking rates set out in this By-law; [TO: 438-86; 12(1) 397(ii)]
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| (B) | On a lot, public parking as a principal use in a building or structure is not permitted; and [TO: 438-86; 12(2) 132]
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| (C) | On the lands municipally known as 124 Edward St., despite regulation 80.20.20.100(20)(B), a post-secondary school is not required to be in association with a hospital.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(2) 256 of former City of Toronto By-law 438-86.
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| (23) | Exception IH 23 |
| 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 a lot, public parking as a principal use in a building or structure is not permitted. [TO: 438-86; 12(2) 132]
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(2) 256 of former City of Toronto By-law 438-86;
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| (B) | City of Toronto by-law 593-06; and
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| (C) | On 610 University Ave., former City of Toronto by-law 326-92.
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