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Chapter 600 Regulations for Overlay Zones
600.30 Inclusionary Zoning
| (1) | Affordable Rental Housing Unit Definition |
| For the purposes of Section 600.30, affordable rental housing unit means a dwelling unit where the total monthly shelter cost is at or below the lesser of one times the average City of Toronto rent, by dwelling unit type, as reported annually by the Canada Mortgage and Housing Corporation, or 30 percent of the before-tax monthly income of renter households in the City of Toronto as follows:
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| (A) | studio units: one-person households at or below the 50th percentile income;
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| (B) | one-bedroom units: one-person households at or below the 60th percentile income;
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| (C) | two-bedroom units: two-person households at or below the 60th percentile income; and
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| (D) | three-bedroom units: three-person households at or below the 60th percentile income. [ By-law: 941-2021 ]
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| (2) | Affordable Ownership Housing Unit Definition |
| For the purposes of Section 600.30, affordable ownership housing unit means a dwelling unit where the purchase price (which for new units is inclusive of Harmonized Sales Tax payable by the purchaser) is at or below an amount where the total monthly shelter cost is affordable, based on paying no more than 30 percent of before-tax monthly income, to all households in the City of Toronto as follows:
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| (A) | studio units: households earning at or below the 30th percentile income;
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| (B) | one-bedroom units: households earning at or below the 40th percentile income;
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| (C) | two-bedroom units: households earning at or below the 50th percentile income; and
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| (D) | three-bedroom units: households earning at or below the 60th percentile income. [ By-law: 941-2021 ]
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| (3) | Total Monthly Shelter Cost |
| For the purposes of Section 600.30, total monthly shelter cost:
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| (A) | for an affordable rental housing unit, means the gross monthly rent inclusive of utilities for heat, hydro, hot water and water; and
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| (B) | for an affordable ownership housing unit, means:
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| (i) | the mortgage principal and interest based on a 25-year amortization, 10 per cent down payment and the mortgage rate for a conventional 5-year mortgage as reported by the Bank of Canada in January of the applicable year, and a mortgage insurance premium;
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| (ii) | property taxes calculated on a monthly basis based on the purchase price; and
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| (iii) | standard condominium fees. [ By-law: 941-2021 ]
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| (4) | Affordable Housing Unit Definition |
| For the purposes of Section 600.30, affordable housing unit means a dwelling unit which is either an affordable rental housing unit or an affordable ownership housing unit. [ By-law: 941-2021 ]
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| (5) | Purpose-Built Rental Housing Definition |
| For the purposes of Section 600.30, purpose-built rental housing means a building or part of a building:
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| (A) | containing dwelling units which:
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| (i) | are not individually owned;
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| (ii) | are available for rent; and
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| (iii) | are not in a condominium registered under section 2 of the Condominium Act, 1998 or a predecessor of that section;
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| (B) | which was originally constructed for rental; and
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| (C) | which is not organized as a life lease project and the right to occupy the dwelling units is based on a life lease interest. [ By-law: 941-2021 ]
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| (6) | Ownership Housing |
| For the purposes of Section 600.30, ownership housing means a building or part of a building containing dwelling units which are individually owned as part of freehold ownership, a condominium registered under section 2 of the Condominium Act, 1998 or a predecessor of that section. [ By-law: 941-2021 ]
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| (7) | Non-profit Housing Provider |
| For the purposes of Section 600.30, a non-profit housing provider means:
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| (A) | a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing;
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| (B) | a corporation without share capital to which the Canada Business Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing;
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| (C) | a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act; or
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| (D) | an organization that is a registered charity within the meaning of the Income Tax Act (Canada) or a non-profit organization exempt from tax under paragraph 149 (1) (l) of that Act, and whose land is owned by the organization, all or part of which is to be used as affordable housing. [ By-law: 941-2021 ]
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| (8) | Rental Replacement Unit |
| For the purposes of Section 600.30, rental replacement unit means a dwelling unit which is required to be replaced pursuant to Section 3.2.1.6 of the City of Toronto Official Plan. [ By-law: 941-2021 ]
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| (1) | Affordable Housing Units in Inclusionary Zoning Overlay Area IZ1 |
| On a lot which is located entirely within an area identified as Inclusionary Zoning Area IZ1 on the Inclusionary Zoning Overlay Map:
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| (A) | for a purpose-built rental housing building there is no minimum requirement for affordable rental housing units;
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| (B) | for an ownership housing building:
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| (i) | a minimum of 7 percent of the total gross floor area for residential uses must be provided as affordable rental housing units; or
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| (ii) | a minimum of 10 percent of the total gross floor area for residential uses must be provided as affordable ownership housing units.
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| (C) | where a purpose-built rental housing building is converted to an ownership housing building, the requirements of (B) will apply. [ By-law: 941-2021 ]
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| (2) | Affordable Housing Units in Inclusionary Zoning Overlay Area IZ2 |
| On a lot which is located entirely within an area identified as Inclusionary Zoning Area IZ2 on the Inclusionary Zoning Overlay Map:
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| (A) | for a purpose-built rental housing building there is no minimum requirement for affordable rental housing units;
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| (B) | for an ownership housing building:
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| (i) | a minimum of 6 percent of the total gross floor area for residential uses must be provided as affordable rental housing units; or
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| (ii) | a minimum of 8 percent of the total gross floor area for residential uses must be provided as affordable ownership housing units; and
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| (C) | where a purpose-built rental housing building is converted to an ownership housing building, the requirements of (B) will apply. [ By-law: 941-2021 ]
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| (3) | Affordable Housing Units in Inclusionary Zoning Overlay IZ3 |
| On a lot which is located entirely within an area identified as Inclusionary Zoning Area IZ3 on the Inclusionary Zoning Overlay Map:
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| (A) | for a purpose-built rental housing building there is no minimum requirement for affordable rental housing units;
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| (B) | for an ownership housing building:
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| (i) | a minimum of 5 percent of the total gross floor area for residential uses must be provided as affordable rental housing units; or
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| (ii) | a minimum of 7 percent of the total gross floor area for residential uses must be provided as affordable ownership housing units; and
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| (C) | where a purpose-built rental housing building is converted to an ownership housing building, the requirements of (B) will apply. [ By-law: 941-2021 ]
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| (4) | Affordability |
| On a lot which is located entirely within an area identified as Inclusionary Zoning Area IZ1, Area IZ2 or Area IZ3 on the Inclusionary Zoning Overlay Map:
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| (A) | the affordable rental housing units and affordable ownership housing units required by regulations 600.30.10(1), 600.30.10(2) and 600.30.10(3) must be provided as affordable rental housing units or affordable ownership housing units for a minimum of 99 years from the date of the first residential occupancy of each affordable housing unit. [ By-law: 941-2021 ]
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| (5) | Net Proceeds from Sale of Affordable Housing Unit |
| On a lot which is located entirely within an area identified as Inclusionary Zoning Area IZ1, Area IZ2 or Area IZ3 on the Inclusionary Zoning Overlay Map:
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| (A) | the City will receive no more than 20 percent of the net proceeds of the sale of an affordable ownership housing unit, which would be equivalent to no more than 2 percent of the sale price, for the purposes of administration fees during the 99 year period referred to in 600.30.10(4); and
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| (B) | where an affordable ownership housing unit is sold at market price the City will receive 50 percent of the net proceeds of the sale. [ By-law: 941-2021 ]
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| (6) | Register Agreement on Title |
| The requirements of regulations 600.30.10(1), 600.30.10(2), 600.30.10(3), 600.30.10(4), and 600.30.10(5) must be secured by one or more agreements pursuant to Section 35.2(2) of the Planning Act that are in a form and registered on title to the lands to the satisfaction of the City Solicitor. [ By-law: 941-2021 ]
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| (7) | Exemptions |
| Regulations 600.30.10(1), 600.30.10(2), 600.30.10(3), 600.30.10(4), 600.30.10(5) and 600.30.10(6) do not apply to:
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| (A) | a development which:
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| (i) | contains fewer than 100 dwelling units and 8,000 square metres of gross floor area for residential uses;
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| (ii) | will be owned and operated by a non-profit housing provider where the non-profit housing provider has 100 percent ownership interest; or
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| (iii) | will be owned and operated by a non-profit housing provider in a partnership in which:
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| (a) | the non-profit housing provider has an ownership interest that is greater than 51 percent; and
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| (b) | a minimum of 51 percent of the dwelling units will be affordable housing units; and
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| (B) | a student residence, retirement home, nursing home or residential care home, including where the use is on the same lot or in the same building as purpose-built rental housing or ownership housing. [ By-law: 941-2021 ]
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| (8) | Lawfully Existing Buildings |
| Regulations 600.30.10(1), 600.30.10(2), 600.30.10(3), 600.30.10(4), 600.30.10(5) and 600.30.10(6) do not apply to a lawfully existing building except where any addition or extension to, or change of use within, a lawfully existing building results in:
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| (A) | 100 or more new dwelling units or 8,000 square metres or more of gross floor area for residential uses. [ By-law: 941-2021 ]
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| (9) | Rental Replacement Units Exclusion from Gross Floor Area |
| For the purpose of applying regulations 600.30.10(1), 600.30.10(2) and 600.30.10(3):
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| (A) | the total gross floor area for residential uses excludes the gross floor area of any rental replacement units; and
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| (B) | existing affordable rental housing units secured as rental replacement units are not included in the total gross floor area provided as affordable housing units. [ By-law: 941-2021 ]
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| (10) | Rental Replacement Units Exclusion from Unit Count |
| For the purpose of applying regulations 600.30.10(7) and 600.30.10(8), dwelling units that are secured as rental replacement units are not included in the total number of dwelling units or new dwelling units. [ By-law: 941-2021 ]
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| (11) | Phasing of Requirements |
| Beginning January 1, 2025 and until January 1, 2030, the requirements for affordable rental housing units will increase by 1.5 percent per year for regulation 600.30.10(1)(B)(i), 1 percent per year for regulation 600.30.10(2)(B)(i) and 0.5 percent per year for regulation 600.30.10(3)(B)(i) and the requirements for affordable ownership housing units will increase at a rate of one point four times the requirements for affordable rental housing units. Beginning January 1, 2026, the requirements for affordable rental housing units will be 5 percent for regulation 600.30.10(1)(A) and 3 percent for regulation 600.30.10(2)(A), as shown on Schedule A attached to Zoning By-law 941-2021. [ By-law: 941-2021 ]
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| (12) | Parking |
| Despite clause 200.5.10.1, no parking spaces are required for affordable housing units. [ By-law: 941-2021 ]
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| (13) | Definition of Development |
| For the purpose of applying Regulation 600.30.10(7), a development is the construction, erection or placing of one or more buildings or structures on lands or the making of an addition, alteration or change of use to a building or structure. [ By-law: 941-2021 ]
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| (1) | Zoning By-law Amendment and Site Plan Applications |
| Nothing in Section 600.30 will prevent the erection or use of a building or structure, for which:
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| (A) | Complete applications for a zoning by-law amendment and site plan approval were filed on or prior to the later of September 18, 2022 or notice of approval of a "Protected Major Transit Station Area" by the Minister pursuant to the Planning Act;
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| (B) | A zoning by-law amendment came into force prior to the passing of a Community Benefits Charge by-law and an agreement was executed in accordance with Section 37 of the Planning Act on or prior to the later of September 18, 2022 or notice of approval of a "Protected Major Transit Station Area" by the Minister pursuant to the Planning Act; or
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| (C) | A complete application for site plan approval was filed on or prior to the later of September 18, 2022 or notice of approval of a "Protected Major Transit Station Area" by the Minister pursuant to the Planning Act. [ By-law: 941-2021 ]
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| (2) | Zoning By-law Amendment Applications |
| For the purposes of regulation 600.30.15.1(1), a "complete application for a zoning by-law amendment" means an application which satisfies the requirements set out in the City of Toronto Official Plan Policy 5.5.2. [ By-law: 451-2022 ]
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| (3) | Site Plan Approval Applications |
| For the purposes of regulation 600.30.15.1(1), a "complete application for site plan approval" means an application which satisfies the requirements set out in the City of Toronto Official Plan Policy 5.5.2. [ By-law: 451-2022 ]
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| (1) | Minor Variance Applications |
| Nothing in Section 600.30 will prevent the erection or use of a building or structure, for which:
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| (A) | A complete application for a minor variance under Section 45 of the Planning Act was filed on or prior to the later of September 18, 2022 or notice of approval of a "Protected Major Transit Station Area" by the Minister pursuant to the Planning Act; or
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| (B) | A complete application for a minor variance under Section 45 of the Planning Act was filed after September 18, 2022 or notice of approval of a "Protected Major Transit Station Area" by the Minister pursuant to the Planning Act in respect of a building permit referred to in regulation 600.30.15.3(1). [ By-law: 941-2021 ]
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| (2) | Minor Variance Applications |
| For the purposes of regulation 600.30.15.2(1), a "complete application for a minor variance" means an application which satisfies the requirements of Section 2 of Ontario Regulation 200/96 (Minor Variance Applications) under the Planning Act. [ By-law: 941-2021 ]
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| (1) | Building Permit Applications |
| Nothing in Section 600.30 will prevent the erection or use of a building or structure for which:
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| (A) | an application for a building permit was filed on or prior to the later of September 18, 2022 or notice of approval of a "Protected Major Transit Station Area" by the Minister pursuant to the Planning Act; or
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| (B) | an application for a building permit was filed after September 18, 2022 or notice of approval of a "Protected Major Transit Station Area" by the Minister pursuant to the Planning Act, in respect of a zoning by-law amendment or site plan referred to in regulation 600.30.15.1(1) or a minor variance referred to in regulation 600.30.15.2(1). [ By-law: 941-2021 ]
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| (2) | Building Permit Applications |
| For the purposes of regulation 600.30.15.3(1), an "application for a building permit" means an application for a building permit that satisfies the requirements set out in Section 363-3.3. Building permit application requirements of Chapter 363, Building Construction and Demolition, of the City of Toronto Municipal Code. [ By-law: 941-2021 ]
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