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Chapter 90 Open Space
90.5 Regulations Applying to the Open Space Zone Category
| (1) | Application of General Regulations Section |
| The regulations in Section 90.5 apply to all lands, uses, buildings and structures in the Open Space Zone category.
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| (2) | Interpretation of the Open Space Zone Symbol |
| The zone symbol on the Zoning By-law Map for zones in the Open Space Zone category consists of the letters O, ON, OR, OG, OM or OC, indicating the primary land use permitted in the respective zone.
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| (1) | Lawfully Existing Public School, Private School |
| A lawfully existing public school or private school on a lot in the Open Space Zone category is permitted on that lot, and:
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| (A) | any expansion or addition to the lawfully existing public school or private school building must comply with Section 150.48 and the requirements for the zone in which the lot is located; and
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| (B) | the lawfully existing public school or private school may be replaced with a new school building that complies with Section 150.48 and the requirements for the zone in which the lot is located.
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| (1) | Building Requirements |
| Additional building requirements are in each zone in the Open Space Zone category.
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| (1) | Determining the Height of Buildings or Structures |
| In the Open Space Zone category, the height of a building or structure is the distance between average grade and the elevation of the highest point of that building or structure.
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| (2) | Height of Specific Structures on a Building |
| In the Open Space Zone category, the following structures on the roof of a building may exceed the permitted maximum height for that building by:
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| (A) | 1.5 metres for:
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| (i) | parapets for a green roof; and
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| (ii) | weather vanes; or
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| (B) | 5.0 metres for:
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| (i) | antennae;
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| (ii) | flagpoles; and
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| (iii) | satellite dishes.
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| (3) | Height of Elements for Functional Operation of a Building |
| In the Open Space Zone category, the following equipment and structures on the roof of a building may exceed the permitted maximum height for that building by 5.0 metres, subject to regulation 90.5.40.10(4):
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| (A) | equipment used for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment;
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| (B) | structures or parts of the building used for the functional operation of the building, such as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, vents, and water supply facilities; and
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| (C) | structures that enclose, screen or cover the elements listed in (A) and (B) above.
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| (4) | Height - Horizontal Limits on Elements for Functional Operation of a Building |
| In the Open Space Zone category, equipment, structures or parts of a building that exceed the permitted maximum height for a building in regulation 90.5.40.10(3), must comply with the following:
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| (A) | their total area may cover no more than 30% of the area of the roof, measured horizontally; and
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| (B) | if located within 6.0 metres of a lot line abutting a street, their total horizontal dimension, measured parallel to the street, may not exceed 20% of the width of the building's main walls facing that street.
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| (5) | Height of Rooftop Amenity Space Safety and Wind Protection |
| In the Open Space Zone category, unenclosed structures providing safety or wind protection to rooftop amenity space may exceed the permitted maximum height for that building by 3.0 metres, if the structures are no closer than 2.0 metres from the interior face of any main wall.
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| (1) | Permitted Height for Lawfully Existing Buildings |
| In the Open Space Zone category, if the lawful height of a lawfully existing building or structure is greater than the permitted maximum height for a building or structure, that lawful height is the permitted maximum height for that lawfully existing building or structure.
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| (2) | Additions to Lawfully Existing Buildings |
| Any addition or extension to a lawfully existing building or structure referred to in regulation 90.5.40.11(1) must comply with the permitted maximum height for a building or be authorized by a Section 45 Planning Act minor variance.
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| (3) | Alterations to the Roof of Lawfully Existing Buildings |
| Any alteration to the roof of a lawfully existing building referred to in regulation 90.5.40.11(1) may be constructed to the permitted maximum height in regulation 90.5.40.11(1).
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| (1) | Floor Space Index Calculation |
| In the Open Space Zone category, the floor space index is the result of the gross floor area of a building divided by the area of the lot.
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| (1) | Permitted Gross Floor Area for Lawfully Existing Buildings |
| In the Open Space Zone category, if the lawful gross floor area of lawfully existing buildings on a lot is greater than the permitted maximum gross floor area, the lawful gross floor area of those lawfully existing buildings is the permitted maximum gross floor area for those lawfully existing buildings on that lot.
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| (2) | Permitted Floor Space Index for Lawfully Existing Buildings |
| In the Open Space Zone category, if the lawful gross floor area of lawfully existing buildings on a lot results in a floor space index greater than the permitted maximum floor space index, the lawful floor space index of those lawfully existing buildings is the permitted maximum floor space index for those lawfully existing buildings on that lot.
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| (1) | Canopies and Awnings |
| In the Open Space Zone category, a canopy, awning or similar structure, with or without structural support, may encroach into a required minimum building setback that abuts a street, if no part of the canopy, awning or similar structure is located more than 5.0 metres above the elevation of the ground directly below it.
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| (1) | Building or Structure to be Set Back from a Lane |
| A building or structure in the Open Space Zone category may be no closer than 2.5 metres from the original centreline of a lane.
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| (1) | Permitted Setbacks for Lawfully Existing Buildings |
| In the Open Space Zone category, if the lawful building setback of a lawfully existing building or structure is less than the required minimum building setback from:
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| (A) | a front lot line, that lawful building setback is the required minimum front yard setback for that lawfully existing building or structure;
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| (B) | a rear lot line, that lawful building setback is the required minimum rear yard setback for that lawfully existing building or structure; and
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| (C) | a side lot line, that lawful building setback is the required minimum side yard setback for that lawfully existing building or structure.
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| (2) | Additions to Lawfully Existing Buildings |
| Any addition or extension to a lawfully existing building or structure referred to in regulation 90.5.40.71(1) must comply with the required minimum building setbacks or be authorized by a Section 45 Planning Act minor variance.
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| (3) | Permitted Setbacks for Lawfully Existing Building from a Lane |
| In the Open Space Zone category, if the lawful distance of a lawfully existing building or structure from the original centreline of a lane is less than the required minimum distance from the original centreline of the lane, that lawful distance is the minimum distance from the original centreline of the lane for that lawfully existing building or structure.
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| (4) | Additions Above Lawfully Existing Buildings in Relation to a Lane |
| The required minimum distance from the original centreline of a lane for any addition or extension above a lawfully existing building or structure referred to in regulation 90.5.40.71(3) is the required minimum distance from the original centreline of the lane permitted by regulation 90.5.40.71(3).
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| (1) | Renewable Energy or Cogeneration Energy Device - Location Restriction |
| In the Open Space Zone category, a device producing renewable energy or cogeneration energy may be no closer to a lot line than the greater of:
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| (A) | 10 metres;
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| (B) | the minimum building setback requirements; or
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| (C) | a distance equal to the height of the device, measured between the average grade at its base to the elevation of the highest part of the device.
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| (2) | Renewable Energy Device - Height Requirements |
| In the Open Space Zone category, a photovoltaic solar energy device or a thermal solar energy device that is:
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| (A) | on a building:
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| (i) | must comply with the required minimum building setbacks for a building on the lot; and
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| (ii) | no part of the device may be higher than 3.0 metres above the permitted maximum height for the building; and
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| (B) | ground mounted, no part of the device may be more than 5.0 metres above the average grade at the base of the device.
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| (3) | Wind Energy Device - Setbacks |
| In the Open Space Zone category, no part of a wind energy device may be closer to a lot line than the greater of:
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| (A) | the required minimum building setbacks for a building on the lot; or
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| (B) | a distance equal to two times the height of the device, measured between the average grade at its base to the elevation of the highest part of the device.
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| (4) | Wind Energy Device - Height |
| In the Open Space Zone category, no part of a wind energy device may be more than 15.0 metres above the average grade at the base of the device.
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| (5) | Geo-energy Requirements |
| In the Open Space Zone category, any above-ground part of a geo-energy device:
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| (A) | must be set back at least 10.0 metres from any lot line; and
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| (B) | must comply with the requirements for a building or structure, other than a required minimum building setback less than the requirement in (A) above.
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| (6) | Cogeneration Device |
| In the Open Space Zone category, a cogeneration energy device must be inside a permitted building.
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| (1) | Use of Required Parking Space |
| A parking space required by this By-law for a use in the Open Space Zone category must be available for the use for which it is required.
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| (2) | Location of Required Parking Spaces |
| A parking space must be on the same lot as the use for which the parking space is required.
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