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The new City-wide Zoning By-law 569-2013 was enacted on May 9, 2013. It has been appealed under section 34(19) of the Planning Act. Even though it is under appeal, the City's Chief Building Official and the Committee of Adjustment will apply the new By-law to applications filed after its enactment. Please consult with your advisors to determine whether the new by-law has any impact.
Amendments to By-law 569-2013 have been incorporated into this office consolidation. The web version of this by-law does not include highlighting to reflect the regulations that remain under appeal as a result of appeals to the By-law as adopted on May 9, 2013. Please review the PDF version of the office consolidation for regulations that remain under appeal.
The original by-law and its amendments are with the City Clerk's office.
Zoning By-law No. 569-2013, as
amended (office consolidation),
is available in PDF format from the
Zoning By-law 569-2013 homepage
   
 
City of Toronto Zoning By-law 569-2013, as amended (Office Consolidation)
Version Date: December 21, 2022
Table of Contents

Back to Top of Bylaw

Chapter 1Administration
Chapter 2Compliance with this By-law
Chapter 5Regulations Applying to all Zones
Chapter 10Residential
Chapter 15Residential Apartment
Chapter 30Commercial
Chapter 40Commercial Residential
Chapter 50Commercial Residential Employment
Chapter 60Employment Industrial
Chapter 80Institutional
Chapter 90Open Space
90.5Regulations Applying to the Open Space Zone Category
90.5.1General
90.5.1.10Interpretation
90.5.20Permitted Uses
90.5.20.1General
90.5.40Principal Building Requirements
90.5.40.1General
90.5.40.10Height
90.5.40.11Height Exemptions
90.5.40.40Floor Area
90.5.40.41Floor Area Exemptions
90.5.40.60Permitted Encroachments
90.5.40.70Setbacks
90.5.40.71Setbacks Exemptions
90.5.75Energy Regulations
90.5.75.1General
90.5.80Parking
90.5.80.1General
90.5.80.10Location
90.10Open Space Zone (O)
90.20Open Space - Natural Zone (ON)
90.30Open Space - Recreation Zone (OR)
90.40Open Space - Golf Course Zone (OG)
90.50Open Space - Marina Zone (OM)
90.70Open Space - Cemetery Zone (OC)
Chapter 100Utility and Transportation
Chapter 150Specific Use Regulations
Chapter 200Parking Space Regulations
Chapter 220Loading Space Regulations
Chapter 230Bicycle Parking Space Regulations
Chapter 280Special Districts - Downtown
Chapter 300Special Districts - Centres
Chapter 400Special Districts - Avenues
Chapter 500Special Districts - Heritage
Chapter 600Regulations for Overlay Zones
Chapter 800Definitions
Chapter 900Site Specific Exceptions
Chapter 970Appendices
Chapter 990Zoning By-law Map
Chapter 995Overlay Maps

Chapter 90 Open Space

90.5 Regulations Applying to the Open Space Zone Category

90.5.1 General

90.5.1.10 Interpretation

(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.
(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.

90.5.20 Permitted Uses

90.5.20.1 General

(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:
(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
(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.

90.5.40 Principal Building Requirements

90.5.40.1 General

(1)Building Requirements
Additional building requirements are in each zone in the Open Space Zone category.

90.5.40.10 Height

(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.
(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:
(A)1.5 metres for:
(i)parapets for a green roof; and
(ii)weather vanes; or
(B)5.0 metres for:
(i)antennae;
(ii)flagpoles; and
(iii)satellite dishes.
(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):
(A)equipment used for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment;
(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
(C)structures that enclose, screen or cover the elements listed in (A) and (B) above.
(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:
(A)their total area may cover no more than 30% of the area of the roof, measured horizontally; and
(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.
(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.

90.5.40.11 Height Exemptions

(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.
(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.
(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).

90.5.40.40 Floor Area

(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.

90.5.40.41 Floor Area Exemptions

(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.
(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.

90.5.40.60 Permitted Encroachments

(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.

90.5.40.70 Setbacks

(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.

90.5.40.71 Setbacks Exemptions

(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:
(A)a front lot line, that lawful building setback is the required minimum front yard setback for that lawfully existing building or structure;
(B)a rear lot line, that lawful building setback is the required minimum rear yard setback for that lawfully existing building or structure; and
(C)a side lot line, that lawful building setback is the required minimum side yard setback for that lawfully existing building or structure.
(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.
(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.
(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).

90.5.75 Energy Regulations

90.5.75.1 General

(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:
(A)10 metres;
(B)the minimum building setback requirements; or
(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.
(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:
(A)on a building:
(i)must comply with the required minimum building setbacks for a building on the lot; and
(ii)no part of the device may be higher than 3.0 metres above the permitted maximum height for the building; and
(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.
(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:
(A)the required minimum building setbacks for a building on the lot; or
(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.
(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.
(5)Geo-energy Requirements
In the Open Space Zone category, any above-ground part of a geo-energy device:
(A)must be set back at least 10.0 metres from any lot line; and
(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.
(6)Cogeneration Device
In the Open Space Zone category, a cogeneration energy device must be inside a permitted building.

90.5.80 Parking

90.5.80.1 General

(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.

90.5.80.10 Location

(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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