On April 17 and 18, 2024, Toronto City Council adopted a Temporary Use Zoning By-law Amendment (By-law 367-2024) to permit public spaces on private property within the Wexford Heights Business Improvement Area. This temporary use by-law will expire on April 18, 2027. City Council also directed City Planning to report back prior to the by-law’s expiration with recommendations on potential permanent or city-wide modifications to zoning regulations for public spaces on private property.
In many existing developments across Toronto, including low-rise commercial plazas, current zoning regulations under Zoning By-law 569-2013 prohibit the removal of required parking spaces. As a result, public spaces cannot typically be established on existing parking lots. Additionally, depending on the design and use of a proposed public space, further zoning regulations may apply, such as those governing structures, entertainment, and proximity to residential zones.
To address these challenges, Toronto City Council approved a Temporary Use Zoning By-law (By-law 367-2024) that applies to all lots in the Commercial Residential (CR) Zone abutting Lawrence Avenue East between Victoria Park Avenue and Canlish Road. This by-law enables the creation of public spaces on private property by permitting the removal of parking and setting clear parameters for their use. This temporary by-law will expire on April 18th, 2027, but prior to the expiration date further study will occur, reviewing if stand-alone public spaces on private property including parking lots in commercial plazas and other places should be implemented on a permanent and/or city-wide basis.
Key regulations of the by-law include:
Examples of permitted public space features include:
These spaces differ from outdoor patios, as they are not tied to a business, no purchase is required to access them.
One successful example is the work of PlazaPOPS, a non-profit organization that has facilitated temporary pop-up installations in under-utilized strip mall parking lots in Scarborough and Etobicoke. These installations have included benches, planters, and small stages with daily programming, creating vibrant gathering spaces for the community.
The initial study and council approval permits a temporary use by-law to permit public space installations as a pilot project in the Wexford Business Improvement Area (Lawrence Avenue East between Kennedy Road and Victoria Parking Avenue) and supported PlazaPOPS 2024 installations. As part of the future phases of the study, City Planning will report back on the temporary use by-law pilot project in the Wexford Business Improvement Area and consider additional amendments to the Zoning By-law for permanent and/or city-wide approval.
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