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Chapter 900 Site Specific Exceptions
900.11 CR - Zone
| (1) | CR Zone Exception |
| The regulation located in Article 900.11.10 apply only to the exceptions subject to the CR zone and identified with the corresponding exception number.
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| (1) | Exception CR 1 |
| 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) | Section 64.23(126), 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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| (2) | Exception CR 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) | If a building with 12 dwelling units or less, is located on a lot with a lot frontage of 12.5 metres or less, then parking spaces must be provided:
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| (i) | for the dwelling units at a minimum rate of 1 for each 3.0 metres of lot frontage; and
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| (ii) | at the minimum rate required by Chapter 200 for all other uses on the lot, if the gross floor area of those non- dwelling unit uses is more than 1.0 times the lot area; and
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| (B) | If a building has more than 12 dwelling units or 12 bed sitting rooms or is located on a lot that has a lot frontage greater than 12.5 metres, then parking spaces must be provided at a minimum rate of:
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| (i) | 1.0 for each 6 bed-sitting rooms;
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| (ii) | 0.5 for each bachelor and one-bedroom dwelling unit;
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| (iii) | 0.75 for each dwelling unit with two or more bedrooms; and
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| (iii) | 0.06 for each dwelling unit and used for visitor parking. [TO: 438-86; 4(3)]
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| (C) | Regulations (A) and (B) above do not apply if an alternative parking space rate requirement was applied to the site in a zoning by-law amendment enacted after December 31, 1994.
[ By-law: 1675-2013 ]
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (3) | Exception CR 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) | In addition to the uses permitted in the zone, the lands may be used for the purpose of a miniature golf course.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (4) | Exception CR 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: |
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| (A) | In addition to the uses permitted in the zone, the lands described as Lot 1, according to Registered Plan 2988, may also be used for vehicle fuel station and vehicle service shop station and ancillary uses including the sale of automobile accessories, supplies and parts if the lot has a minimum width of 9.06 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (5) | Exception CR 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: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 64.23(83), 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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| (6) | Exception CR 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) | In addition to the uses permitted in the zone, a vehicle repair shop is permitted;
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| (B) | Despite regulations to the contrary, for a building with a vehicle repair shop, there is no requirement for minimum lot depth, minimum front yard setback, minimum rear yard setback, and minimum lot area;
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| (C) | A minimum of 46 parking spaces must be provided and the may be located on an adjacent lot; and
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| (D) | Loading space requirements do not apply.
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Prevailing By-laws and Prevailing Sections:
Section 64.23(70) of the former City of North York zoning by-law 7625
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| (7) | Exception CR 7 |
| 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) | Section 64.23(72), former City of North York zoning by-law 7625.
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| (8) | Exception CR 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: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 64.23(71), former City of North York zoning by-law 7625.
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| (9) | Exception CR 9 |
| 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, a vehicle dealership with an ancillary vehicle repair shop is also permitted if the lot frontage is a minimum of 22 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (10) | Exception CR 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) | In addition to the uses permitted in the zone, a vehicle dealership with an ancillary vehicle repair shop is also permitted if the lot frontage is a minimum of 22 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (11) | Exception CR 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) | In addition to the uses permitted in the zone a vehicle service shop is also permitted.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (12) | Exception CR 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) | On the lands municipally known as 188, 190, 191, 192, 193, 194, and 195 Roe Avenue, 394, 396, 397, and 398 Old Orchard Grove, 378 Deloraine Avenue, 345 and 347 Melrose Avenue, 359, 361, 363, and 365 Fairlawn Avenue, the minimum height requirements of regulation 40.10.40.10(4)(A) do not apply;
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| (B) | The lands described as Lots 150 and 151, according to Registered Plan 1706 may be used for the purpose of a religious organization known as the Congregation of the Most Holy Redeemer including living accommodation for the said institution, private offices and a magazine publishing office, if all other provisions of this By-law, as amended, are complied with; and
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| (C) | On the lands municipally known as 426 St. Germain Avenue, the minimum height requirements of regulation 40.10.40.10(4)(A) do not apply.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (13) | Exception CR 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: |
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| (A) | In addition to the uses permitted in the zone, business offices and professional offices are also permitted if:
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| (i) | the gross floor are does not exceed 264 square metres;
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| (ii) | the minimum building setback from:
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| (a) | the east side lot line is 4.52 metres; and
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| (b) | the west side lot line is 1.86 metres; and
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| (iii) | the minimum rear yard setback is 14.9 metres;
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| (iv) | the minimum front yard setback is 4.52 metres; and
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| (v) | parking spaces on the lot must be located in the rear yard.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (14) | Exception CR 14 |
| 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, business offices and professional offices are also permitted if:
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| (i) | the minimum building setback from a lot line that abuts Bathurst St. is 20.7 metres, measured from the original centerline of Bathurst St.;
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| (ii) | the minimum rear yard setback is 4.5 metres;
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| (iii) | the gross floor area of the building must not be greater than 150% of the lot area;
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| (iv) | the maximum building height is the lesser of 5 storeys and 17 metres;
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| (v) | a minimum of 17 parking space are provided; and
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| (vi) | all below grade structures must be setback from a lot line a distance equal to the distance between the lowest floor level and the elevation of grade at the front lot line, but in no case is that below grade setback to be greater than the above grade setback for the building; and
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| (B) | The angular plane requirements of regulation 40.10.40.70(3)(D) do not apply; and
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| (C) | The rear yard setback requirements of regulations 40.10.40.70(3)(A)(i) and 40.10.40.70(3)(A)(ii) do not apply.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (15) | Exception CR 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) | In addition to the uses permitted in the zone, business offices and professional offices are also permitted if:
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| (i) | offices, retail stores, personal service shops and service shop are located only on the first floor;
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| (ii) | the maximum gross floor area used for offices, retail stores, personal service shops and service shop must not be more than 920 square metres;
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| (iii) | the maximum lot coverage is 65%;
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| (iv) | the Minimum building setback from a lot line is:
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| (a) | zero metres from the front lot line;
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| (b) | 9.9 metres from the rear lot line,
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| (c) | 2.6 metres from the easterly side lot line; and
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| (d) | 1.8 metres from the westerly side lot line; and
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| (v) | the maximum building height is the lesser of 6 storeys and 20 metres.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (16) | Exception CR 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) | The maximum gross floor area is 11,857 square metres;
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| (B) | The maximum gross floor area used for retail stores, personal service shops and service shops must not be more than 1145 square metres;
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| (C) | The maximum gross floor area used for a community centre is 232 square metres;
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| (D) | The maximum number of dwelling units is 101;
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| (E) | The minimum building setbacks are:
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| (i) | 0.2 metres from the lot line abutting Bathurst St.;
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| (ii) | 1.5 metres from the lot line abutting Lawrence Ave.
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| (iii) | 1.7 metres from the southerly lot line;
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| (iv) | 4.0 metres from the westerly lot line;
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| (v) | 3.0 metres from the lot line that is opposite Bathurst St.; and
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| (vi) | 4.0 metres from the lot line that is opposite Lawrence Ave.; and
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| (F) | Parking spaces must be provided at a minimum rate of 1.164 for each 100 square metres of gross floor area;
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| (G) | The maximum building height is the lesser of 23 metres and 7 storeys; and
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| (H) | The maximum lot coverage is 55%.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (17) | Exception CR 17 |
| 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, a dwelling unit in a detached house is also permitted if:
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| (i) | there is a maximum of two detached houses;
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| (ii) | the minimum lot area for each building is 527 square metres;
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| (iii) | the minimum lot frontage is 12.1 metres;
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| (iv) | the minimum building setback from a lot line for a detached house is:
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| (a) | 6.1 metres from the front lot line;
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| (b) | 1.2 metres from a side lot line; and
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| (c) | 7.5 metres from a rear lot line; and
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| (B) | For the Commercial/ Apartment building the following applies:
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| (i) | the minimum building setback from a lot line is:
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| (a) | 2.7 metres from a lot line that abuts Glencairn Avenue;
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| (b) | 16.15 metres from the westerly lot line;
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| (c) | 18.0 metres from the lot line opposite the lot line along Glencairn Avenue; and
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| (d) | zero metres from all other lot line; and
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| (ii) | the maximum gross floor area is 6277.2 square metres, of which;
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| (a) | a maximum of 4945 square metres may be used for residential uses; and
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| (b) | a maximum of 167.2 square metres may be used for ancillary residential uses; and
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| (iii) | the maximum lot coverage is 40%; and
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| (iv) | the maximum building height is the lesser of 5 storeys and 17 metres.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (18) | Exception CR 18 |
| 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) | Section 64.23(96) 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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| (19) | Exception CR 19 |
| 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 836-850 Yonge Street and 1-9A Yorkville Avenue, if the requirements of By-law 653-2015 are complied with, none of the provisions of 5.10.40.70, 40.5.40.10, 40.10.40.10(1), 40.10.40.40(1), 40.10.40.50(1), 40.10.40.60, 40.10.40.70(1)(a), Table 200.5.10.1, 220.5.10.1, 230.5.10.1, and 230.5.1.10(9) apply to prevent the erection or use of a building, structure, addition or enlargement permitted in By-law No. 646-2015; [ By-law: 348-2021 ]
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| (B) | Height shall be measured from the Canadian Geodetic Datum elevation of 116.35 metres;
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| (C) | The height of any building or structure erected on the lands must not exceed the maximum height in metres permitted as indicated by the numbers following the letter "H" as shown on Diagram 3 of By-law No. 646-2015; [ By-law: 348-2021 ]
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| (D) | Despite (C) and regulations 40.5.40.10(3)-(7), the following may exceed the height by 3.0 metres indicated by the numbers following the letter "H" as shown on Diagram 3 of By-law No. 646-2015: parapets, guard rails, railings and dividers, pergolas, trellises, eaves, screens, roof drainage, window washing equipment, lightning rods, architectural features, landscaping and elements of a green roof; [ By-law: 348-2021 ]
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| (E) | The total gross floor area of all buildings and structures must not exceed a maximum of 40,600.0 square metres, and must not exceed:
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| (i) | 38,776.0 square metres for residential uses permitted in regulations 40.10.20.10(1)(B) and 40.10.20.20(1)(B); and
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| (ii) | 1,824.0 square metres for non-residential uses permitted in regulations 40.10.20.10(1)(A) and 40.10.20.20(1)(A);
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| (F) | Amenity space shall be provided at a minimum rate of 3.4 square metres for each dwelling unit, of which:
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| (i) | at least 2.0 metres for each dwelling unit is indoor amenity space;
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| (ii) | at least 40.0 square metres is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space; and
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| (G) | No portions of a building or structure above grade shall extend beyond the areas delineated by heavy lines on Diagram 3 attached to By-law No. 646-2015, with the exception of:
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| (i) | the permitted encroachments listed in Clause 40.5.40.60; and
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| (ii) | cornices, light fixtures, ornamental elements, parapets, art and landscaping features, architectural flutes, patios, pillars, pergolas, trellises, terraces, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, awnings and canopies, window washing equipment, and underground garage ramps and associated structures; [ By-law: 779-2015 ]
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| (H) | Parking spaces shall be provided and maintained as follows:
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| (i) | a minimum of 0.28 residential parking spaces for each dwelling unit;
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| (ii) | no visitor parking spaces are required on the lands;
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| (iii) | no parking spaces are required for non-residential uses permitted in regulations 40.10.20.10(1)(A) and 40.10.20.20(1)(A); and
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| (iv) | up to 80 of the parking spaces, including 4 car share parking spaces, may have a minimum width of 2.35 metres, a minimum length of 4.39 metres, and a minimum height of 2.0 metres;
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| (I) | A minimum of 327 bicycle parking spaces must be provided and maintained on the lands, of which:
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| (i) | a minimum of 7 bicycle parking spaces shall be allocated for short-term bicycle parking spaces; and
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| (ii) | a minimum of 320 bicycle parking spaces must be allocated for long-term bicycle parking spaces;
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| (J) | A minimum of one Type “G” loading space and one Type “C” loading space shall be provided and maintained on the lands;
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| (K) | A minimum of 10 percent of the total number of dwelling units on the lot shall have a minimum area of 74.0 square metres and shall contain at least three bedrooms;
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| (L) | A minimum of 7 rental replacement dwelling units shall be provided contiguously on the lands pursuant to the terms of Schedule A of By-law No. 646-2015 and shall be comprised of 4 one bedroom dwelling units and 3 bachelor dwelling units; [ By-law: 348-2021 ]
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| (M) | The buildings comprising the heritage sites, being those structures identified in Diagram 3 with a dashed outline and noted as "Heritage Buildings", shall be conserved in accordance with the Heritage Easement Agreement registered on title and the terms of Schedule A to By-law No. 646-2015; and [ By-law: 779-2015 ]
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| (N) | Exception CR(x19) shall apply to all of the lands collectively regardless of future severance, partition or division.
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Prevailing By-laws and Prevailing Sections: |
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| ((A)) | Section 12(2) 132 of former City of Toronto By-law No. 438-86; and [ By-law: 646-2015 ]
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| ((B)) | Section 12(2) 259 of former City of Toronto By-law No. 438-86.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(2) 132 of former City of Toronto By-law No. 438-86. [ By-law: 1682-2019 Under Appeal ]
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| (20) | Exception CR 20 |
| 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) | Former City of North York by-law 1129; and
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| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (21) | Exception CR 21 |
| 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 permitted maximum gross floor area is 0.4 times the area of the lot;
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| (B) | The minimum building setback from a lot line that abuts a street is:
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| (i) | the greater of 21.0 metres from the centre line of Kingston Rd. or 3.0 metres from a lot line abutting Kingston Rd.; and
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| (ii) | 3.0 metres from a lot line abutting any other street; and
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| (C) | The minimum building setback from the rear lot line is 7.5 metres.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Exception number 25 of Exceptions List - Schedule `C' of former City of Scarborough zoning by-law 10010.
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| (22) | Exception CR 22 |
| 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, a truck rental agency is also permitted; and
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| (B) | Despite regulations 40.10.40.10 (2), and 40.10.40.10 (3), the maximum height of a building or structure is 161.54 metres above sea level and eight storeys.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (23) | Exception CR 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 2112-2114 Yonge Street, if the requirements of By-law No. 1173-2015 are complied with, none of the provisions of; 5.10.40.70(2); 40.10.40.50(1); 40.10.40.60; 40.10.40.70(2); 200.5.1.10(2)(A)(iv); 200.5.10.1; Table 200.5.10.1; 230.5.1.10(9); 230.5.10.1(1); 230.5.10.1(1); Table 230.5.10.1(1); 230.5.10.1(5) apply to prevent the use or erection of a mixed use building that complies with the following:
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| (I) | the lot comprises the lands delineated by heavy lines on Diagram 1 of By-law 1173-2015;
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| (ii) | the gross floor area of the mixed use building does not exceed 7,200 square metres;
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| (iii) | a maximum of 80 dwelling units are permitted;
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| (iv) | no portion of any building or structure erected or used above grade on the lot may exceed the height limits above grade in metres specified by the numbers following the symbol "HT" as shown on Diagram 6 of By-law 1173-2015;
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| (v) | no portion of any building or structure erected or used above grade is located otherwise than wholly within the areas delineated by heavy lines as shown on Diagram 6 of By-law 1173-2015;
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| (vi) | nothing in (v) and (vi) above can prevent the following elements from projecting beyond the heavy lines and above the heights shown on Diagrams 6 of By-law 1173-2015:
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| (a) | eaves, canopies, cornices, lighting fixtures, awnings, fences and safety railings, architectural features, parapets, trellises, balustrades, window sills, window washing equipment, privacy screens, mechanical and architectural screens, guardrails, chimneys, vents, stacks, terraces, platforms, transformer vaults, wheelchair ramps, retaining walls, landscape features, ornamental structures, walkways, stairs, covered stairs and or stair enclosures associated with an entrance or exit from an underground parking garage, underground garage ramps and their associated structures, stair landings, planters, and public art features, elevator overruns and elements or structures on the roof of the building used for outside or open air recreation, green roof, safety or wind protection purposes;
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| (vii) | amenity space must be provided at a minimum rate of:
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| (a) | 2.0 square metres per dwelling unit of outdoor amenity space; and
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| (b) | 1.88 square metres per dwelling unit of indoor amenity space;
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| (viii) | parking spaces for the mixed use building must be provided and maintained on the lot in accordance with the following:
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| (a) | a minimum of 0.6 parking spaces per bachelor dwelling unit or one bedroom dwelling unit
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| (b) | a minimum of 0.75 parking spaces per two or more bedroom dwelling unit;
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| (c) | a minimum of 0.06 parking spaces per dwelling unit for visitors to the building
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| (d) | where the calculation of the required number of parking spaces results in a number containing a fraction, the number is rounded down to the nearest whole number, but there may not be less than a requirement of one parking space;
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| (e) | no parking spaces are required for the first 400 square metres of retail store gross floor area; and
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| (f) | a minimum of 1.0 parking spaces for each additional 100 square metres of gross floor area for retail store beyond the first 400 square metres
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| (ix) | a maximum of 20 parking spaces may have a width of 2.6 metres when obstructed on one side; and
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| (x) | bicycle parking spaces for the mixed use building must be provided and maintained on the lot in accordance with the following:
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| (a) | a minimum of 0.8 "long term" bicycle parking spaces for each dwelling unit;
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| (b) | a minimum of 0.2 "short term" bicycle parking spaces for each dwelling unit;
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| (c) | a minimum of 2 bicycle parking spaces for non-residential uses.
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Prevailing By-laws and Prevailing Sections:(None Apply)
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| (A) | Section 12(2) 270(a) of former City of Toronto By-law 438-86. [ By-law: 1173-2015 ]
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| (24) | Exception CR 24 |
| 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) | Former City of North York by-law 19147;
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| (B) | Former City of North York by-law 14473; and
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| (C) | City of Toronto by-law 931-2009.
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| (25) | Exception CR 25 |
| 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 663 and 691 Kingston Road, if the requirements of this By-law No. 785-2015 are complied with, none of the provisions of 10.10.40.80(1)(C), 40.5.40.70.(1)(B), 40.10.40.1(1), 40.10.40.1(2)(A), 40.10.40.1(5)(A), 40.10.40.1(6), 40.10.40.10(2)(A), 40.10.40.10(5), 40.10.40.50(1), 40.10.40.70(2), 40.10.40.80(2), 40.10.50.10(2), 40.10.50.10(3), 200.5.10.1, 220.5.10.1(2), 220.5.10.1(3), 230.5.1.10(9)(B), apply to prevent the erection or use of a mixed use building if the building or structure complies with (B) to (O) below.
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| (B) | Within the hatched area shown on Diagram 3 of By-law No. 785-2015, the only uses permitted are two dwellings units in a mixed use building, a below grade parking garage, and the vehicular access.
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| (C) | The total gross floor area of the building must not exceed a maximum of 5,500 square metres and must not exceed:
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| (i) | 4,875 square metres for the residential uses (dwelling units) in the building; and
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| (ii) | 620 square metres for the non-residential use.
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| (D) | The maximum permitted number of dwelling units is forty-nine (49).
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| (E) | The height of any building or structure on the lot must not exceed the maximum height permitted as indicated by the letter "H" as shown on Diagram 5 of By-law No. 785-2015, measured from the Canadian Geodetic Datum elevation of 125.5 metres.
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| (F) | Despite (E) above, parapets, lighting fixtures, fences, safety railings, stairs, stair enclosures, terraces, landscape planters, trellises or privacy screens shall be permitted to project beyond the height permitted provided the height of the fence, safety railing or privacy fence does not exceed 2.0 metres beyond the height indicated on Diagram 5 of By-law No. 785-2015.
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| (G) | No portion of any building or structure to be erected or used on the lot can extend beyond the lines delineated by the heavy lines on Diagram 4 and Diagram 5 of the By-law No. 785-2015.
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| (H) | Despite (G) above, eaves, cornices, lighting fixtures, window sills, landscape planters, trellises, stairs, stair enclosures, railings, awnings, canopies and other minor architectural projections are permitted to project no more than 0.45 metres, beyond the heavy lines on Diagram 4 and Diagram 5 of By-law No. 785-2015.
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| (I) | Despite (G) above, balconies are permitted to project not more than 1.8 metres beyond the heavy lines on Diagram 5 on the north and west elevations of the building.
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| (J) | Despite (G) and (I) above, balconies are permitted to project not more than 2.25 metres beyond the heavy lines as shown on the south elevation of Diagram 5 for portions of the building beginning 4.0 metres and higher measured from the Canadian Geodetic Datum elevation of 125.5 metres.
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| (K) | No windows or doors are permitted on the south elevation of the building unless a minimum setback of 3.5 metres is provided between the main wall of the building and the south lot line.
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| (L) | Despite (K) above, doors are permitted on the south elevation of the building shown on Diagram 4.
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| (M) | Parking spaces must be provided in accordance with the following:
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| (i) | A minimum of 0.5 parking spaces for each bachelor or one-bedroom unit dwelling unit, a minimum of 0.7 parking spaces for each dwelling unit containing two-bedrooms, and a minimum of 1.1 parking spaces for each dwelling unit containing three-bedrooms must be provided on the lot in a parking garage; and
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| (ii) | A minimum of 15 visitor parking spaces must be provided on the lot and be available for mutual use with the apartment building known municipally in the year 2014 as 622 and 646 Kingston Road.
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| (N) | One loading space must be provided on the lot in accordance with the following:
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| (i) | A minimum length of 13.0 metres;
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| (ii) | A minimum width of 4.0 metres; and
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| (iii) | A minimum vertical clearance of 6.1 metres over at least the first 8.0 metres of the loading space measured from the end of the loading space opposite the entrance to it, and a vertical clearance of at least 4.3 metres over the balance of the loading space. [amended by by-lw 580-2017]
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| (O) | A minimum of 120 square metres of indoor residential amenity space must be provided on the lot and be available for mutual use with the apartment building known municipally in the year 2014 as 622 and 646 Kingston Road.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 785-2015 ] |
| (26) | Exception CR 26 |
| 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, a vehicle fuel station and a service shop is also permitted.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (27) | Exception CR 27 |
| 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) | Former City of North York by-law 30963.
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| (28) | Exception CR 28 |
| 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 873-907 Kingston Road and 218-220 Balsam Avenue, if the requirements of this By-law No. 801-2015 are complied with, none of the provisions of 40.5.40.10(1), 40.5.40.10(5), 40.10.30.40(1), 40.10.40.10(2), 40.10.40.40(1), 40.10.40.50, 40.10.40.60(1), 40.10.40.60(9), 40.10.40.70(2), 40.10.50.10(2), 40.10.50.10(3), 40.10.80.20(2), 40.10.90.10(1), 40.10.90.40(3), 200.5.1.10(1), 200.5.10.1(6), Table 200.5.10.1, 220.5.10.1(2), 230.5.10.1(5), 230.40.1.20(1), 230.40.1.20(2) and 995.10.1 apply to prevent the erection or use of a mixed use building if the building or structure complies with B to O below.
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| (B) | In addition the uses permitted within the CR Zone a club is also a permitted use on the lot.
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| (C) | The lot comprised of those lands outlined by heavy black broken lines on Diagram 1 of By-law No. 801-2015.
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| (D) | No portion of any building or structure to be erected or used on the lot shall extend beyond the lines delineated by the heavy lines on Diagram 4 and heavy black broken lines on Diagram 5 of By-law No. 801-2015.
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| (E) | Despite (D), herein, eaves, cornices, lighting fixtures, window sills, landscape planters, trellises, stairs, stair enclosures, railings, awnings, canopies and other minor architectural projections shall be permitted to project no more than 0.45 metres, beyond the heavy lines on Diagram 4 and heavy black broken lines on Diagram 5 of By-law No. 801-2015.
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| (F) | Despite (D), herein balconies are permitted to project not more than 1.8 metres beyond the heavy lines on Diagram 4 of By-law No. 801-2015 on the north elevation of the building and within the area above the loading space on the south elevation, beyond the heavy lines on Diagram 4 of By-law No. 801-2015.
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| (G) | The height of any building or structure on the lot must not exceed the maximum height permitted as indicated by the letter "H" as shown on Diagram 4 of By-law No. 801-2015, measured from the Canadian Geodetic Datum elevation of 128.725 metres.
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| (H) | Despite subsection (G) herein, parapets, lighting fixtures, fences, safety railings, stairs, stair enclosures, terraces, landscape planters, trellises or privacy screens shall be permitted to project beyond the height permitted provided the height of the fence, safety railing or privacy fence does not exceed 2.0 metres beyond the height stipulated on Diagram 4 and Diagram 5 of By-law No. 801-2015.
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| (I) | The total gross floor area of the building must not exceed a maximum of 14,750 square metres and must not exceed:
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| (I) | 10,300 square metres for the residential uses (dwelling units) in the building; and
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| (ii) | 4,450 square metres for the non-residential use and the non-residential use shall be used for a club for the Y.M.C.A.
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| (J) | The maximum permitted number of dwelling units on the lot is ninety-three (93).
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| (K) | Parking spaces must be provided in the parking garage in accordance with the following:
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| (I) | A minimum of 0.5 parking spaces for each bachelor or one-bedroom dwelling unit and a minimum of 0.75 parking spaces for each dwelling unit containing two or more bedrooms shall be provided in the parking garage;
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| (ii) | No exclusive parking spaces are required for visitors of the dwelling units or the non-residential use; and
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| (iii) | The public parking must contain a minimum of 61 parking spaces.
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| (L) | Despite 200.5.1.10(2), the parking spaces required by Section (K)(iii) of this By-law may have a minimum length of 5.2 metres, provided they are accessed by a drive aisle having a width of 7.0 metres or more.
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| (M) | Despite 200.5.1.10(2), a maximum of 2 parking spaces may have dimensions of no less than 2.6 in width, 5.2 in length and 2.0 metres in height despite being obstructed on one side.
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| (N) | One loading space must be provided on the lot in accordance with the following:
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| (I) | A minimum length of 13.0 metres;
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| (ii) | A minimum width of 4.0 metres; and
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| (iii) | A minimum vertical clearance of 6.1 metres over at least the first 8.0 metres of the loading, space measured from the entrance to the loading space, and a vertical clearance of at least 4.3 metres over the balance of the loading space.
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| (O) | Except as otherwise provided herein, the provisions of By-law No. 569-2013, as amended, shall continue to apply to the lot.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 801-2015 ] |
| (29) | Exception CR 29 |
| 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) | Former City of North York by-law 8906;
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| (B) | Former City of North York by-law 7906; and
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| (C) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (30) | Exception CR 30 |
| 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 2978-2988 Dundas Street West and 406-408 Pacific Avenue, none of the provisions of 40.5.40.10 (4), 40.10.40.10 (2), 40.10.40.10(5), 40.10.40.40(1), 40.10.40.60 (1)(C)(i), 40.10.40.70 (2)(C), 40.10.40.70(2)(E) and (F), 40.10.40.70 (2)(G), 40.10.40.80(2)(B) 40.10.80.20, 220.5.1(2), 220.5.10.1 and 220.5.20.1(A)(ii) will prevent the erection or use of a building, structure, addition or enlargement if it complies with the requirements of (B) to (O) below;
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| (B) | The total floor space index of all buildings on the lot does not exceed 4.5, of which:
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| (i) | the floor space index of residential uses on the lot does not exceed 3.9; and
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| (ii) | the floor space index of non-residential uses on the lot does not exceed 0.6;
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| (C) | The maximum number of dwelling units on the lot does not exceed 80 dwelling units;
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| (D) | At least 25 percent of all dwelling units on the lot must have two or more bedrooms, and at least 10 percent of all dwelling units on the lot must have three or more bedrooms;
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| (E) | The height of any building or structure, as measured from an elevation of 118.72 metres, must not exceed the height in metres specified by the number following the symbol HT on Diagram 3 of By-law 1264-2018;
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| (F) | Despite (E) above, the following building elements and structures are permitted to exceed the maximum heights on Diagram 3 of By-law 1264-2018:
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| (i) | Railings - a maximum vertical projection of 1.2 metres above the heights shown on Diagram 3;
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| (ii) | Fences, privacy screens - a maximum vertical projection of 2.5 metres above the heights shown on Diagram 3;
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| (iii) | Parapets - a maximum vertical projection of 1.0 metres above the heights shown on Diagram 3; and
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| (iv) | Structures used for outside or open air recreation, safety or wind protection purposes, provided these structures must not enclose space so as to constitute a form of penthouse or other room or rooms - a maximum vertical projection of 3.0 metres above the heights shown on Diagram 3;
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| (G) | No portion of any building or structure can extend beyond the areas delineated by heavy lines shown of Diagram 3 of By-law 1264-2018;
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| (H) | Despite (G) above, the following building elements and structures are permitted to encroach beyond the heavy lines specified on Diagram 3 of By-law 1264-2018, subject to the following limitations:
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| (i) | Eaves, cornices, window sills, light fixtures, railings, bollards, wheelchair ramps, stairs, stair enclosures, landscape planters and other similar architectural projections may extend beyond the heavy lines by 0.6 metres; and
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| (ii) | Canopies, awnings or similar structures may extend beyond the heavy lines by 1.5 metres;
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| (I) | The required minimum height of the first storey, as measured between the floor of the first storey and the floor of the second storey, is 4.0 metres;
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| (J) | A platform attached to the front main wall of a building may be located above the first storey;
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| (K) | Where the main wall of a building has windows or openings, the main wall must be set back 5.5 metres from a side lot line if that side lot line does not abut a street;
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| (L) | A parking space that is not in a building or structure must be set back at least 6.0 metres from a lot in the Residential Zone category;
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| (M) | One Type 'G' loading space must be provided on the lot;
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| (N) | None of the provisions of By-law 569-2013 will apply to prevent the erection or use of a temporary sales office or temporary construction office.
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|
|
Prevailing By-laws and Prevailing Sections:
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| (A) | Section 12(2) 270 (a) of former City of Toronto By-law 438-86. [ By-law: 1264-2018 ]
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| (31) | Exception CR 31 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(80) of North York zoning by-law 7625.
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| (32) | Exception CR 32 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
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| (A) | On 661, 663, 669 and 677 Queen Street East and 77, 79 and 79A East Don Roadway, if the requirements of By-law 1364-2015, including the portions relating to agreements pursuant to section 37 of the Planning Act, are complied with, none of the provisions of Clauses and Regulations 5.10.40.70 (1) to (4), 40.5.40.10 (1), (2), (3), (4), (5), (6) and (7), 40.5.40.40, 40.10.20.100 (13), (17), (26) and (39), 40.10.40.1 (1), 40.10.40.10 (2) and (5), 40.10.40.11, 40.10.40.40 (1), 40.10.40.50 (1), 40.10.40.60, 40.10.40.70 (2), 40.10.40.80 (2), 40.10.100.10 (1), 150.90.20.1 (1), 150.94.30.1, 150.94.40.1 (1), 150.94.50.1, 200.5.10.1, 200.15.1.5, 220.5.1 (2), 220.5.10.1, 230.5.1.10 (9), 230.5.10.1 (1), (2), and (5), and 230.40.1.20 (2), apply to prevent the erection or use of a building, structure, addition or enlargement, uses ancillary thereto, permitted by (B) to (V) below;
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| (B) | The total gross floor area of all buildings and structures on the lot must not exceed 117,800.0 square metres; and:
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| (i) | the total residential gross floor area must not exceed 65,650.0 square metres; and
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| (ii) | the total non-residential gross floor area must not exceed 52,150.0 square metres;
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| (C) | Height is measured from 81.0 metres above sea level based on the Canadian Geodetic elevation datum, to the highest point of the building or structure;
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| (D) | No portion of any building or structure on the lot, excluding canopies, awnings, building cornices, window washing equipment, lighting fixtures, ornamental elements, lightning rods, parapets, trellises, eaves, window sills, guardrails, balustrades, railings, balconies, terraces, stairs, stair enclosures, wheel chair ramps, underground garage ramps, landscape and green roof elements, swimming pools and jacuzzis including associated decks, partitions dividing outdoor recreation areas, wind mitigation and public art elements, air intakes, vents and ventilating equipment, chimney stacks, exhaust flues and garbage chute overruns and associated structures may have a height of 1.0 metres greater than the height in metres specified by the number following the H symbol as shown on Diagram 3 of By-law 1364-2015;
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| (E) | The portions of a building or structure above grade must be located within the areas outlined in Diagram 3 of By-law 1364-2015, except that canopies, awnings, building cornices, window washing equipment, lighting fixtures, ornamental elements, lightning rods, parapets, trellises, eaves, window sills, guardrails, balustrades, railings, terraces, stairs, stair enclosures, wheel chair ramps, underground garage ramps, landscape and green roof elements, swimming pools and jacuzzis including associated decks, partitions dividing outdoor recreation areas, wind mitigation and public art elements, air intakes, vents and ventilating equipment, chimney stacks, exhaust flues and garbage chute overruns and associated structures may extend 1.0 metre beyond the areas outlined in heavy lines shown on Diagram 3 of By-law 1364-2015;
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| (F) | The portions of a building or structure above grade must be located within the areas outlined in Diagram 3 of By-law 1364-2015, except that balconies may extend a maximum of 2.0 metres beyond the heavy lines shown on Diagram 3 as measured perpendicular to the exterior walls of the building;
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| (G) | Amenity space must be provided and maintained on the lot in accordance with the following:
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| (i) | a minimum of 1.55 square metres of indoor residential amenity space per dwelling unit must be provided and maintained on the lot in a multi-purpose room or rooms at least one of which contains a kitchen and a washroom; and
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| (ii) | a minimum of 1.35 square metres of outdoor amenity space per dwelling unit must be provided and maintained on the lot, a minimum of 40 square metres of which must be in a location adjoining or directly accessible from a portion of the indoor residential amenity space;
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| (H) | Parking spaces must be provided and maintained on the lot in accordance with the following:
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| (i) | a minimum of 0.52 parking spaces per dwelling unit for residents;
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| (ii) | a minimum of 0.15 parking spaces per dwelling unit for residential visitors;
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| (iii) | a minimum of 1 parking space per 100 square metres of non-residential gross floor area, excluding the gross floor area of a vehicle dealership and a vehicle service shop;
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| (iv) | a minimum of 1 parking space 100 square metres of gross floor area used for a vehicle dealership or vehicle service shop that is located above grade;
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| (v) | parking spaces used for an automobile showroom, automobile servicing, or automobile inventory associated with a vehicle dealership or vehicle service shop on the lot, may be provided in tandem despite the definition of parking space in By-law 569-2013 and may have dimensions which are smaller than otherwise required by section 200.5.1.10(2) of By-law 569-2013;
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| (vi) | a minimum of 5 auto-share parking spaces in a publicly-accessible location on the lot; and
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| (vii) | The required auto-share parking spaces may replace the parking spaces otherwise required for residential occupants, up to a maximum of 15 auto-share parking spaces;
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| (J) | Sharing of parking spaces required under (H)(ii), (H)(iii) and (H)(iv) above can permitted in accordance with the Parking Space occupancy rates outlined in Table 970.10.15.5 of By-law 569-2013; [ By-law: 89-2022 ]
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| (K) | A minimum of amount of bicycle parking spaces must be provided and maintained on the lot in accordance with the following:
|
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| (i) | 0.9 long-term bicycle parking spaces per dwelling unit for residents;
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| (ii) | 0.1 short-term bicycle parking spaces per dwelling unit for residential visitors;
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| (iii) | 5 long-term bicycle parking spaces for retail occupants/employees located in Parcel A;
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| (iv) | 10 long-term bicycle parking spaces for retail occupants/employees for retail stores or retail services located in Parcel B;
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| (v) | 9 short-term bicycle parking spaces for retail visitors for retail stores or retail services located in Parcel A;
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| (vi) | 16 short-term bicycle parking spaces for retail visitors for retail stores or retail services located in Parcel B;
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| (vii) | 20 bicycle parking spaces for vehicle dealership and vehicle service shop occupants and visitors; and
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| (viii) | the location of the required long-term bicycle parking spaces must be located on the lot in a weather protected location either at grade or one level below grade and the location of required short-term bicycle parking spaces must be located on the lot at grade;
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| (L) | A minimum of two Type "B" loading spaces, one Type "C" loading space, one Type "G" loading space, and one lay-by for a car-carrier vehicle must be provided on Parcel A;
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| (M) | A minimum of two Type "B" loading spaces must be provided on Parcel B;
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| (N) | A minimum of one Type "G" loading space must be provided on Parcel B, unless already provided on Parcel A;
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| (O) | In addition to the permitted uses identified in Section 40.10.20.10 of By-law 569-2013, auto-share, auto-share parking space, and public parking are also permitted uses on the lot;
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| (P) | A minimum of three (3) non-residential units must have frontage on Queen Street East and be directly accessible from Queen Street East;
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| (Q) | Dwelling units are not permitted on the first floor or any level below grade;
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| (R) | A vehicle dealership and vehicle service shop are only permitted on Parcel A;
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| (S) | The first floor of the building or structure on Parcel A must be setback a minimum of 0.815 metres from the property line along East Don Roadway;
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| (T) | Despite any other provisions of this By-law, if construction proceeds in phases, the first phase of construction must occur on Parcel A and despite Sections (E), (F), (G), (H) and (I) herein, prior to the completion of construction on Parcel B:
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|
| (i) | the combined residential gross floor area and non-residential gross floor area erected or used on Parcel A must not exceed 89,000.0 square metres, of which not more than 48,200.0 square metres can be residential gross floor area and not more than 40,800.0 square metres can be non-residential gross floor area;
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| (U) | Parcel A and Parcel B mean the lands identified as Parcel A and Parcel B respectively on Diagram 1 of By-law 1364-2015;
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| (V) | Exception CR (x32) shall apply to all of the lands collectively regardless of future severance, partition or division;
|
| (W) | For the purpose of this Exception CR (x32), all bold-type words and expressions have the same meaning as defined in By-law 569-2013, as amended, with the exception of the following:
|
|
| (i) | Auto-share means the practice where a number of people share the use of one or more automobiles that are owned by a profit or non-profit automobile-sharing organization and where such organization may require that use of automobiles reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the automobile-sharing organization, including the payment of a membership fee that may or may not be refundable; and
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| (ii) | Auto-share parking space means a parking space that is reserved and actively used for auto-share.
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|
|
Prevailing By-laws and Prevailing Sections:(None Apply)
[ By-law: 1364-2015 Enacted ] |
| (33) | Exception CR 33 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | In a Commercial Residential zone, where the maximum lawfully permitted height exceeds the width of the right-of-way of the street it abuts then:
|
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| (i) | the angular plane requirements of regulations 40.10.40.70(2)(E) and 40.10.40.70(2)(G) do not apply; and
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| (ii) | the rear yard setback requirements of regulation 40.10.40.70(2)(B) do not apply.
|
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(3) of North York zoning by-law 7625.
|
|
| (34) | Exception CR 34 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 27074; and
|
| (B) | Former City of North York by-law 27289.
|
|
| (35) | Exception CR 35 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 22170.
|
|
| (36) | Exception CR 36 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | The minimum building setback from a lot line that abuts:
|
|
| (i) | Danforth Rd. is the greater of 16.5 metres, from the original centre line of Danforth Rd., or 3.0 metres from a lot line abutting Danforth Rd.; and
|
| (ii) | any other street, is 3.0 metres; and
|
|
| (B) | The gross floor area of all buildings, minus the gross floor area of all basements, must not exceed 33% of the area of the lot; and
|
| (C) | A minimum 1.5 metre wide strip of land used for soft landscaping, must be provided along the entire portion of a lot line that abuts a lot in the RT zone.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (37) | Exception CR 37 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | The lot line abutting Rogers Road is the front lot line;
|
| (B) | The main entrance for an apartment building must have direct access to a street;
|
| (C) | Despite regulation 40.5.40.10(1), the height of a building is the distance between the average elevation of the ground along the front lot line and the elevation of the highest point of the building or structure;
|
| (D) | Regulation 40.10.40.1(1) does not apply;
|
| (E) | Despite regulation 40.10.40.10(5) the required minimum height of the first storey, measured from top of the first floor to the bottom of the second floor is 3.6 metres;
|
| (F) | Despite regulation 40.10.40.50(1), a building with 20 or more dwelling units must provide amenity space at a minimum rate of 2.0 square metres for each dwelling unit;
|
| (G) | Despite regulations 40.10.40.70(2)(A) and 40.10.40.70(4), the minimum building setback from a lot line that abuts:
|
|
| (i) | Rogers Road is 3.0 metres;
|
| (ii) | Bicknell Avenue is 2.5 metres; and
|
| (iii) | the west lot line is 1.2 metres;
|
|
| (H) | Despite regulation 40.10.40.70(2)(C), where the main wall of a building has windows or openings, the main wall must be set back at least 1.2 metres from a side lot line that is not a street or lane, otherwise no building setback is required;
|
| (I) | Despite regulation 40.10.50.10(1)(A):
|
|
| (i) | a minimum of 44% of the area of the lands must be landscaping; and
|
| (ii) | a minimum of 55% of the landscaping area required in (i) above, must be soft landscaping;
|
|
| (J) | Despite regulation 40.10.40.80(2), the required minimum above ground separation distance between main walls of any two buildings is:
|
|
| (i) | 10.0 metres if there are no windows in the main wall of one or more of the buildings; and
|
| (ii) | 12.0 metres if each main wall has windows;
|
|
| (K) | Despite regulation 40.10.90.40(2), vehicle access to a required loading space may be through the abutting lands with the zone label on the Zoning By-law Map RM (d1.0) (x5);
|
| (L) | Despite regulation 200.5.10.1(1), for a dwelling unit in an apartment building, parking spaces must be provided at a minimum rate of:
|
|
| (i) | 0.9 for each bachelor or one bedroom dwelling unit;
|
| (ii) | 1.0 for each two bedroom dwelling unit; and
|
| (iii) | 0.15 for visitor parking spaces for each dwelling unit;
|
|
| (M) | Visitor parking spaces may be located on the abutting lands with the zone label on the Zoning By-law Map RM (d1.0) (x5);
|
| (N) | A parking spaces for non-residential uses on the lands with the zone label on the Zoning By-law Map CR 2.6 (c0.25 r2.6) SS2 (x37) may be located on the abutting lands with the zone label on the Zoning By-law Map RM (d1.0) (x5) if the non-residential gross floor area is more than 200 square metres;
|
| (O) | Despite regulation 200.5.10 (1), the parking spaces referred to in (N) above must be provided at a rate of 1.5 for each 100 square metres of non-residential gross floor area;
|
| (P) | Despite regulation 200.5.1.10(2), a parking space that is obstructed must be increased in width by 0.2 metres for each side of the parking space that is obstructed;
|
| (Q) | Despite regulation 230.5.1.10(6), a maximum 5 "long-term" bicycle parking spaces may be located outside of a building;
|
| (R) | Despite regulation 200.15.1.5(1), accessible parking spaces must be the parking spaces located closest to any pedestrian access to a building and may be located on the abutting lands with the zone label on the Zoning By-law Map RM (d1.0) (x5).
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 218-2016 ] |
| (38) | Exception CR 38 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(6) of North York zoning by-law 7625; and
|
| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (39) | Exception CR 39 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 27933; and
|
| (B) | Former City of North York by-law 29035.
|
|
| (40) | Exception CR 40 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | A maximum of 82 dwelling units is permitted.
|
| (B) | The height of any building or structure will be measured from the Canadian Geodetic elevation of 187.83 AMSL.
|
| (C) | The height of any portion of a building or structure above established grade, including balcony railings, but excluding mechanical rooms, must not exceed the horizontal distance between that portion of the building and the north lot line.
|
| (D) | The permitted maximum gross floor area is 6,500.0 square metres.
|
| (E) | Despite Regulation 40.10.40.70(3), the required minimum building setbacks are shown on Diagram 7 of By-law 936-2016.
|
| (F) | Despite (E) above, the building setbacks for an underground parking structure may be 0.0 metres.
|
| (G) | Despite (E) above, the following building elements and structures may encroach into a required building setback as follows:
|
|
| (i) | an architectural roof overhang feature may project horizontally a maximum of 2.0 m from the wall(s) to which it is attached;
|
| (ii) | a balcony may project horizontally a maximum of 1.5 m from the wall(s) to which it is attached;
|
| (iii) | a canopy may project horizontally a maximum of 2.0 m from the wall(s) to which it is attached;
|
| (iv) | an exterior stairway; and
|
| (v) | a patio.
|
|
| (H) | Despite Clause 40.10.50.10, a minimum 1.7-metre wide strip of landscaping must be provided along the north lot line.
|
| (I) | A 1.8-metre tall wood board-on-board fence must be located along the north lot line.
|
| (J) | Despite Regulation 40.10.40.50(1), Amenity space must be provided at a minimum rate of 1.5 square metres per dwelling unit of indoor amenity space and 2.3 square metres per dwelling unit of outdoor amenity space.
|
| (K) | Despite Regulation 40.10.90.10(1), a loading space may be permitted in a rear yard.
|
| (L) | Despite Table 200.5.10.1, no parking spaces are required for the first 200 square metres of gross floor area for non-residential uses located on the ground floor.
|
| (M) | Despite Regulation 230.5.10.1(5), bicycle parking spaces for the mixed use building must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | a minimum of 0.15 short term bicycle parking spaces for each dwelling unit;
|
| (ii) | a minimum of 0.6 long term bicycle parking spaces for each dwelling unit; and
|
| (iii) | a minimum of 0.13 bicycle parking spaces must be provided for every 100 square metres of non-residential gross floor area.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 936-2016 ] |
| (41) | Exception CR 41 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(63) of North York zoning by-law 7625.
|
|
| (42) | Exception CR 42 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | In addition to the uses permitted an amusement arcade is also permitted if:
|
|
| (i) | it does not include pinball or video game amusement devices;
|
| (ii) | it is operated in conjunction with an eating establishment;
|
| (iii) | the total number of amusement devices exclusive of children's amusement devices is 40;
|
| (iv) | the interior floor area used for amusement devices exclusive of children's amusement devices must not be more than 12% of the total gross floor area; and
|
| (v) | access to the amusement arcade must be through the restaurant.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (43) | Exception CR 43 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 30233.
|
|
| (44) | Exception CR 44 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 29894.
|
|
| (45) | Exception CR 45 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(44) of North York zoning by-law 7625.
|
|
| (46) | Exception CR 46 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(49) of North York zoning by-law 7625.
|
|
| (47) | Exception CR 47 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(91) of North York zoning by-law 7625.
|
|
| (49) | Exception CR 49 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(60) of North York zoning by-law 7625.
|
|
| (50) | Exception CR 50 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(29) of North York zoning by-law 7625.
|
|
| (51) | Exception CR 51 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | Despite regulations to the contrary, the only uses permitted are:
|
|
| (i) | financial institutions;
|
| (ii) | offices;
|
| (iii) | dwelling units in a commercial building;
|
| (iv) | eating establishments;
|
| (v) | retail stores;
|
| (vi) | personal service shops; and
|
| (vii) | service shops; and
|
|
| (B) | The maximum lot coverage is 25%;
|
| (C) | The maximum building height is the lesser of 2 storeys and 8 metres;
|
| (D) | The maximum number of eating establishment operating in the building at one time must not be more than 2;
|
| (E) | The maximum gross floor area devoted to eating establishments must not be more than 226.4 square metres; and
|
| (F) | The westerly and southerly 1.5 metres of the site must be landscaped and a 0.9 metres high masonry wall must be erected along the westerly and southerly limits of the site.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (52) | Exception CR 52 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | The angular plane requirements of regulation 40.10.40.70(3)(D) do not apply; and
|
| (B) | The rear yard setback requirements of regulations 40.10.40.70(3)(A)(i) and 40.10.40.70(3)(A)(ii) do not apply.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (C) | Section 64.26(3) of North York zoning by-law 7625.
|
|
| (53) | Exception CR 53 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 1001 Ellesmere Road, if all of the requirements of By-law 892-2016(OMB) are complied with, none of the provisions of clauses 40.10.40.10 and 40.10.50.10, and regulations 40.10.40(1), 40.10.40.70(4), 40.10.90.10(1), 40.10.90.40(3), 40.10.100.10 (1) and 200.5.10.1(1) apply to prevent the erection or use of a building, structure, addition or enlargement permitted in regulations (B) to (G) below;
|
| (B) | The required minimum gross floor area of all buildings (minus the gross floor area of all basements) is 6,500 square metres;
|
| (C) | The permitted maximum lot coverage is 40 percent;
|
| (D) | The minimum required building setback in a street yard is 3.0 metres;
|
| (E) | The minimum required building setback from lot lines that do not abut a street is 15.0 metres;
|
| (F) | Despite clauses 40.10.20.10 and 40.10.20.20, the only uses permitted are Financial Institution, Medical Office, Office, Personal Service Shop, Retail Store, Eating Establishment and Take-out Eating Establishment; and
|
| (G) | Despite clauses 40.10.20.10 and 40.10.20.20, Business and Trade School, Data Storage Facility, Performing Arts Studio, Pet Services, Fitness Centre and Veterinary Hospital are also permitted if they do not individually or collectively exceed 20 percent of the gross floor area of all buildings (minus the gross floor area of all basements).
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 892-2016 (OMB) ] |
| (54) | Exception CR 54 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(47) of North York zoning by-law 7625.
|
|
| (55) | Exception CR 55 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 28931.
|
|
| (56) | Exception CR 56 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 11371.
|
|
| (57) | Exception CR 57 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing Bylaws
and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 40, 46, 48, 50, 52 and 60 McCaul Street and 10 Stephanie Street, if the requirements of By-law 592-2017 are complied with, none of the provisions of 40.5.40.10, 40.10.30.1.(1), 40.10.40.1.(1), 40.10.40.1.(2)(A), 40.10.40.1.(6), 40.10.40.10.(2), 40.10.40.10.(5), 40.10.40.40.(1), 40.10.40.40.(1)(A), 40.10.40.40(1)(C), 40.10.40.50.(1), 40.10.40.50.(1)(B), 40.10.40.70.(1), 40.10.40.70.(2), 40.10.40.80., 40.10.50.10, 40.10.50.10.(3), 200.5.10.1, 220.5.20.1.(1), 220.5.20.1.(3)(A), 230.5.1.10.(4)(a), 230.5.1.10.(8), 230.5.10.1, and 600.10.10 apply to prevent the erection or use of a building, structure, addition or enlargement permitted in By-law 592-2017. [ By-law: 592-2017 ]
|
| (B) | Despite the uses listed in Article 40.10.20, the only uses permitted on Parcel B, as outlined by heavy lines on Diagram 3 of By-law 113-2017, are an art gallery and ancillary uses;
|
| (C) | Despite the definition for art gallery in 800.50(60), public viewing is not required;
|
| (D) | The height of a building or structure is measured from the Canadian Geodetic Datum elevation of 92.77 metres, and must not exceed the height in metres specified by the numbers following the symbol H on Diagram 4 in By-law 113-2017;
|
| (E) | The cantilevered portion of the building within 8 metres of Stephanie Street must commence as measured from the Canadian Geodetic Datum Elevation of 92.77 metres as shown and described on Diagram 4 in By-law 113-2017;
|
| (F) | Despite (D) above, the following elements may exceed the height indicated by the numbers following the letter H shown on Diagram 4 of By-law 113-2017, by a maximum of 2.5 metres:
|
|
| (i) | dividers, decorative screens, light monitors, light fixtures, ornamental elements, trellises, landscape elements, elements of a green roof, wind mitigation features, privacy screens, planters, balustrades, open air recreation, safety and wind protection features, window washing equipment, unenclosed heating, ventilation or cooling equipment such as chimneys, stacks, flues, vents, air intakes, antennas, satellite dishes, and cellular arrays;
|
|
| (G) | The maximum permitted gross floor area of all buildings on Parcel A, as outlined by heavy lines on Diagram 3 of By-law 113-2017, must not exceed 13,925 square metres, of which:
|
|
| (i) | A maximum of 13,775 square metres of gross floor area may be used for residential uses; and
|
| (ii) | A maximum of 150 square metres of gross floor area may be used for non-residential uses;
|
|
| (H) | The maximum gross floor area of all buildings on Parcel B, as outlined by heavy lines on Diagram 3 of By-law 113-2017, must not exceed 1,700 square metres;
|
| (I) | No gross floor area is permitted above ground level on Area 1, as outlined by heavy lines on Diagram 3 of By-law 113-2017;
|
| (J) | The total number of dwelling units permitted on Parcel A, as delineated by a heavy line on Diagram 3 of By-law 113-2017, must not exceed 190;
|
| (K) | The above grade portion of any building or structure erected on the lot must be wholly located within the areas delineated by heavy lines shown on Diagram 4 of By-law 113-2017;
|
| (L) | Despite (K) above, the following elements may be located outside of the heavy lines on Diagram 4 of By-law 113-2017, up to a maximum of 3.0 metres:
|
|
| (i) | Canopies, awnings, balconies, terraces, building cornices, light fixtures, ornamental or architectural elements, parapets, trellises, window sills, fences, safety railings, guardrails, balustrades, railings, stairs, stair enclosures, wheelchair ramps, overhangs, landscape elements, screens, planters, underground garage ramps and their associated structures, retaining walls, air shafts, garbage storage areas, public art, transformer vaults and elements required for the functional operation of the building.
|
|
| (M) | The required minimum height of the first storey, measured between the floor of the first storey and the ceiling of the first storey, must be 2.57 metres;
|
| (N) | Amenity space must be provided and maintained on Parcel A, as outlined by heavy lines on Diagram 3 of By-law 113-2017, as follows:
|
|
| (i) | The greater of 380 square metres, or 2.0 square metres for each dwelling unit as indoor amenity space; and
|
| (ii) | The greater of 246 square metres or 1.29 square metres for each dwelling unit as outdoor amenity space;
|
|
| (O) | A minimum of 10 percent of the dwelling units constructed on Parcel A, as delineated by a heavy line on Diagram 3 of By-law 113-2017, must be provided as three-bedroom dwelling units with a minimum unit size of 92.9 square metres;
|
| (P) | A minimum of one type "G" loading space must be provided on the lot;
|
| (Q) | A minimum of one type "C" loading space must be provided on the lot;
|
| (R) | Parking spaces must be provided on the lot in accordance with the following minimum requirements:
|
|
| (i) | A minimum of 85 parking spaces for residents; and
|
| (ii) | A minimum of 11 parking spaces for visitors;
|
|
| (S) | The required minimum above-ground distance between a main wall with windows and openings facing another main wall with windows and openings on the same lot must be a minimum of 6.0 metres;
|
| (T) | No landscaping or fencing is required along any portion of a lot line that abuts a property in the Residential Zone category;
|
| (U) | The vehicle entrance and exit and two-way driveway to any Type "C" loading space provided at ground level must have a minimum width of 5.15 metres;
|
| (V) | Each stacked bicycle parking space must have a minimum vertical clearance of 1.2 metres and a minimum width of 0.46 metres;
|
| (W) | A minimum of 190 bicycle parking spaces must be provided for the use of the lot, to consist of:
|
|
| (i) | A minimum of 172 long term bicycle parking spaces must be provided on the lot;
|
| (ii) | A minimum of 14 short term bicycle parking spaces must be provided on the lot; and
|
| (iii) | A minimum of 5 short term bicycle parking spaces may be provided on the lot and/or within the public right-of-way adjacent to the lot;
|
|
| (X) | None of the provisions of this By-law will apply to prevent a temporary sales office from being erected or used on the lot; and
|
| (Y) | Notwithstanding any existing or future severances, partition, or division of the lot, the provisions of this By-law will apply to the whole of the lot as if no severance, partition, or division had occurred.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 113-2017 ] |
| (58) | Exception CR 58 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 8837.
|
|
| (59) | Exception CR 59 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 225 Jarvis Street, if the requirements of By-law 765-2020(OMB) are complied with, none of the provisions of 5.10.40.70 (1) and (2), 40.5.40.10, 40.10.20.100(1.A) and (4), 40.10.40.1(1), 40.10.40.10(2), 40.10.40.40(1), 40.10.40.50(1), 40.10.40.60, 40.10.40.70(2) and (4), 40.10.40.80(2), 40.10.50.10(2) and (3), 40.10.100.10(1), 150.100.30.1(1), 200.5.10.1(1), 200.15.1.5(1), 220.5.1, 220.5.10.1. and 230.5.10.1 apply to prevent the erection or use of a building, structure, addition or enlargement permitted in By-law 765-2020(OMB);
|
| (B) | The total gross floor area of all buildings and structures must not exceed a maximum of 56,100 square metres, of which:
|
|
| (i) | the residential gross floor area shall not exceed 43,000 square metres; and
|
| (ii) | the non-residential gross floor area shall not exceed 13,100 square metres;
|
|
| (C) | Height shall be measured from Canadian Geodetic Datum elevation of 88.55 metres;
|
| (D) | The height of any building or structure, erected on the lands must not exceed the height in metres permitted as indicated by the numbers following the letter "H" on Diagram 3 of By-law 765-2020(OMB);
|
| (E) | Despite (D), but subject to the provisions of (F) below, the following may exceed the height indicated by the numbers following the letter "H" as shown on Diagram 3 of By-law 765-2020(OMB):
|
|
| (i) | A stair tower, elevator shaft, chimney stack or other heating, cooling or ventilation equipment or window washing equipment on the roof of the building or a fence, wall, decorative feature or structure enclosing such elements may exceed the height limits on the attached Diagram 3 of By-law 765-2020(OMB) by no more than 8.0 metres;
|
| (ii) | A structure located on the roof of the building used for outside or open air recreation, maintenance, landscaping, privacy, safety or wind protection may exceed the height limits shown on the attached Diagram 3 of By-law 765-2020(OMB) by no more than 3.0 metres;
|
| (iii) | The structures, elements and enclosures permitted by (G) of this Exception may exceed the height limits shown on the attached Diagram 3 of By-law 765-2020(OMB) by no more than 3.0 metres;
|
|
| (F) | Notwithstanding the height encroachments permitted by (E) of this Exception, no portion of any building or structure or use, either temporary or permanent, shall have a height above 116.5 metres for any portion of the lands located within 0.6 metres north of any portion of Line A and for any portion of the lands located south of any portion of Line A;
|
| (G) | Subject to the provisions of (H) below, no portion of any building or structure erected above grade shall be located otherwise than wholly within the areas delineated by heavy lines on the attached Diagram 3 of By-law 765-2020(OMB), except for the following:
|
|
| (i) | Light fixtures, cornices, sills, eaves, mullions, canopies, awnings, parapets, trellises, ornamental and architectural elements, guardrails, balustrades, railings, stairs, stair enclosures, stair landings, terraces, balconies, platforms, wheel chair ramps, vents, air shafts, underground garage ramps and their associated structures, privacy screens and walls, fences, bollards, retaining walls, landscape features and vegetation, lightning rods, transformer vaults and elements required for the functional operation of the building, window washing equipment, aircraft warning features, patio tables and chairs and public art features.
|
|
| (H) | Notwithstanding the encroachments permitted by (G) of this Exception, no portion of any building or structure or use, either temporary or permanent, above a height of 116.5 metres shall be located south of any portion of Line A identified on Diagram 3 of By-law 765-2020(OMB);
|
| (I) | The building shall be setback 3.0 metres from Jarvis Street between a height of 18.4 metres and 26.0 metres as shown on Diagram 3 of By-law 765-2020(OMB);
|
| (J) | A minimum of 2.0 square metres of indoor amenity space per dwelling unit shall be provided on the lot. Indoor amenity space provided in the building or structure above the minimum requirement of 2.0 square metres per dwelling unit is permitted to be shared between all residential and non-residential uses provided on the lot;
|
| (K) | A minimum of 860 square metres of outdoor amenity space shall be provided on the lot;
|
| (L) | Parking spaces for residential uses within the building must be maintained on the lot in accordance with the following:
|
|
| (i) | A minimum of 0.3 parking spaces for each bachelor dwelling unit;
|
| (ii) | A minimum of 0.5 parking spaces for each one bedroom dwelling unit;
|
| (iii) | A minimum of 0.75 parking spaces for each two bedroom dwelling unit;
|
| (iv) | A minimum of 1.0 parking space for each three bedroom dwelling unit; and
|
| (v) | A minimum of 0.06 parking spaces for each dwelling unit for visitors to the building.
|
|
| (M) | Parking spaces for non-residential uses within the building must be maintained on the lot in accordance with the following:
|
|
| (i) | A minimum of 0.2 parking spaces per 100 square metres of non-residential gross floor area.
|
|
| (N) | Bicycle parking spaces for residential uses shall be provided on the lot as follows:
|
|
| (i) | A minimum of 0.9 long term bicycle parking spaces per dwelling unit; and
|
| (ii) | A minimum of 0.1 short term bicycle parking spaces per dwelling unit.
|
|
| (O) | Bicycle parking spaces for non-residential uses shall be provided on the lot as follows:
|
|
| (i) | 6 short term bicycle parking spaces; and
|
| (ii) | 2 long bicycle parking spaces.
|
|
| (P) | The minimum number of loading spaces to be provided and maintained on the lot shall be:
|
|
| (i) | Two (2) loading spaces – type B;
|
| (ii) | Two (2) loading spaces – type C; and
|
| (iii) | One (1) loading space – type G.
|
|
| (Q) | Despite any existing or future severance, partition, or division of the lot, the provisions of Exception CR (x59) shall apply to the whole of the lands as if no severance, partition or division occurred;
|
| (R) | None of the provisions of By-law 569-2013 or the provisions of Exception CR (x59), other than (F) and (H), shall apply to prevent the erection and use of a temporary sales office anywhere on the lands for the purpose of selling dwelling units permitted by this Exception.
|
| (S) | Definitions:
|
|
| (i) | "Line A" shall mean the dashed line identified as Line A on Diagram 3 attached to By-law 765-2020(OMB).
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 765-2020(OMB) ] |
| (60) | Exception CR 60 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(62) of North York zoning by-law 7625.
|
|
| (62) | Exception CR 62 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 760-762 Yonge Street, 768-784 Yonge Street and 1-11 Bloor Street West, if the requirements of Section 6 and Schedule A of By-law 685-2020(LPAT) are complied with, buildings or structures may be constructed in compliance with (B) to (T) below;
|
| (B) | Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 115.8 metres in the year 2019 and the elevation of the highest point of the building or structure;
|
| (C) | Despite Regulation 40.10.40.10(1), no portion of a building or structure erected on the lands may exceed the height in metres specified by the numbers following the symbol HT on Diagram 3 of By-law 685-2020(LPAT);
|
| (D) | Despite (C) above, and regulations 40.5.40.10(3) to (7), the following building elements are permitted to project above the heights shown on Diagram 3 of By-law 685-2020(LPAT):
|
|
| (i) | window washing equipment, building maintenance units, trellises, canopies and outdoor amenity structures – a maximum vertical projection of 5.3 metres; [ By-law: 1092-2021 ]
|
| (ii) | main entrance canopies – a maximum vertical projection of 14.0 metres above the height within any area not having a height limit shown on Diagram 3; [ By-law: 1092-2021 ]
|
| (iii) | parapets, railings, guard rails and lightning rods – a maximum vertical projection of 1.8 metres;
|
| (iv) | wind protection screens, stairs, and stair and elevator enclosures and terrace dividers – a maximum vertical projection of 3.0 metres;
|
| (v) | roof drainage – a maximum vertical projection of 0.5 metres;
|
| (vi) | architectural features, pillars, columns, piers, beams, hybrid exoskeleton structures and hybrid exoskeleton cladding – a maximum vertical projection of 16.5 metres above the height within the area identified as HT 292.5 as shown on Diagram 3 of By-law 685-2020(LPAT); and
|
| (vii) | hard and soft landscaping and public art;
|
|
| (E) | Regulation 600.10.10 with respect to Building Setbacks does not apply;
|
| (F) | Despite Clause 5.10.40.70, and regulations 40.10.40.70(1) and 40.10.40.80(1), the required minimum building setbacks and above ground separation distance between main walls are as shown on Diagram 3 of By-law 685-2020(LPAT);
|
| (G) | Despite (D) above, the minimum building setbacks of the ground floor of a building or structure on Parcel 1 will be shown on Diagram 4 of By-law 685-2020(LPAT);
|
| (H) | Despite (D) above, the minimum building setbacks of the tower floor plates of a building or structure on Parcel 1 between the heights of 69.0 metres and 75.0 metres, 132.0 metres and 138.0 metres, 196.0 metres and 202.0 metres, 265.0 metres and 271.0 metres, will be as shown on Diagram 5 of By-law 685-2020(LPAT);
|
| (I) | Despite (D) above and regulations 40.10.40.60(2) to (9), the following encroachments are permitted to encroach into the required minimum building setbacks and above ground separation distance between main walls on Diagram 3 of By-law 685-2020(LPAT):
|
|
| (i) | awnings and canopies – a maximum of 6.6 metres; and
|
| (ii) | doors, revolving doors, signage, roof drains, gutters, flashing, tie-ins to adjacent buildings, cornices, ornamental elements, parapets, architectural flutes, ornamental louvers, piers, pillars, beams, hybrid exoskeleton structures, hybrid exoskeleton cladding, window sills, light fixtures, art and landscape features and site servicing features – a maximum of 1.2 metres;
|
|
| (J) | Balconies are not permitted to encroach into the required minimum building setbacks and above ground separation distance between main walls shown on Diagram 3 of By-law 685-2020(LPAT);
|
| (K) | Despite Regulation 40.10.40.40(1) the total gross floor area of all buildings and structures on Parcel 1 and Parcel 2 as shown on Diagram 3 of By-law 685-2020(LPAT), must not exceed 80,000 square metres, provided:
|
|
| (i) | residential uses symbolized by the letter 'r', permitted by Regulations 40.10.20.10(1)(B) and 40.10.20.20(1)(B), must not exceed 62,500 square metres;
|
| (ii) | non-residential uses symbolized by the letter 'c', permitted by Regulations 40.10.20.10(1)(A) and 40.10.20.20(1)(A), must not exceed 18,000 square metres excluding public parking; and
|
| (iii) | for the purposes of this By-law, in addition to Section 40.5.40.40(1), the calculation of gross floor area also excludes the floor area associated with mechanical rooms and indoor amenity space;
|
|
| (L) | a minimum of 10 percent of the total number of dwelling units must:
|
|
| (i) | have a minimum area of 79.0 square metres; and
|
| (ii) | contain at least two bedrooms;
|
|
| (M) | Despite Regulation 40.10.40.50(1), amenity space must be provided at a minimum rate of 3.5 square metres for each dwelling unit, of which:
|
|
| (i) | at least 1.7 square metres for each dwelling unit is indoor amenity space;
|
| (ii) | at least 40.0 square metres is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space; and
|
| (iii) | no more than 25 percent of the outdoor component may be a green roof;
|
|
| (N) | Despite 40.10.40.50(2), no outdoor amenity space is required for non-residential uses;
|
| (O) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, a minimum of 296 parking spaces must be provided and maintained as follows:
|
|
| (i) | parking spaces may be shared between residents, residential visitors and non-residential uses;
|
| (ii) | parking spaces for residents, residential visitors and non-residential uses may be located within public parking;
|
| (iii) | a minimum of 277 parking spaces must be provided within public parking, of which, a minimum of 200 parking spaces must be available to residents;
|
| (iv) | a minimum of 4 car-share parking spaces must be provided;
|
| (v) | a minimum of 15 short-term parking spaces must be provided, of which, 5 short-term parking space may be obstructed on one side; and
|
| (vi) | despite Clauses 200.15.1 and 200.15.1.5 and (M)(v) above, at least one short-term parking space must have a minimum width of 3.9 metres, a minimum length of 5.6 metres and a minimum vertical clearance of 2.1 metres and may be located below-ground, and would satisfy the requirements of regulation 200.15.10;
|
|
| (P) | Despite Section 200.5.1.10(2)(A)(iv), a maximum of 33 parking spaces may be obstructed on one side and have the following dimensions;
|
|
| (i) | a minimum width of 2.6 metres;
|
| (ii) | a minimum length of 5.6 metres; and
|
| (iii) | a minimum vertical clearance of 2.1 metres;
|
|
| (Q) | Despite regulation 200.5.1.10(2)(A), a maximum of 3 small car parking spaces may be provided and accessed by a drive aisle with a minimum width of 5.4 metres, each having a dimension of a minimum width of 3.2 metres, a minimum length of 5.1 metres and a minimum vertical clearance of 2.0 metres;
|
| (R) | Despite Regulation 200.5.1.10(5) a maximum of 78 parking spaces that are required in order to satisfy the residential parking requirements, as set out in section (K) above, may be provided as 39 tandem parking spaces, of which, 35 tandem parking spaces may be provided in stacked parking spaces;
|
| (S) | Despite the dimensions outlined in Regulation 200.5.1.10(2), stacked parking spaces can have:
|
|
| (i) | a minimum width of 2.6 metres;
|
| (ii) | a minimum length of 5.6 metres;
|
| (iii) | a minimum vertical clearance of 1.5 metres; and
|
| (iv) | stacked parking spaces mechanisms and equipment located within these dimensions;
|
|
| (T) | Despite Regulations 220.5.10.1(1) to (9), the following minimum number of loading spaces must be provided and maintained on the lands:
|
|
| (i) | one Type "G" loading space;
|
| (ii) | one Type "B" loading space; and
|
| (iii) | three Type "C" loading spaces;
|
|
| (U) | Despite Regulation 230.5.1.10(9), long-term bicycle parking spaces and short-term bicycle parking spaces can be located below ground and in stacked bicycle parking spaces;
|
| (V) | Despite the dimensions set out in Regulations 230.5.1.10(4) and (5), stacked bicycle parking spaces provided on the lands shall have the following dimensions:
|
|
| (i) | a minimum width of 0.6 metres;
|
| (ii) | a minimum length of 1.8 metres; and
|
| (iii) | a minimum vertical clearance of 1.2 metres;
|
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 259 of former City of Toronto By-law 438-86. [ By-law: 685-2020(LPAT) ]
|
|
| (63) | Exception CR 63 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | A veterinary hospital is permitted if all other regulations are complied with.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (64) | Exception CR 64 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | public parking is permitted if it is for an existing building located on all of lots 15 and 16, registered plan 3202 and all of block `A' Registered plan 4041 and designated Parts 1 and 2 on a plan of survey in the Land Titles office a R4256, if a fence is erected along the northerly and westerly limits of Lot 10, registered Plan 4041.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (65) | Exception CR 65 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | The maximum lot coverage is 37%;
|
| (B) | The minimum yard setbacks are:
|
|
| (i) | 0.6 metre front yard;
|
| (ii) | 7.5 metres rear yard; and
|
| (iii) | 0.6 metres side yards; and
|
|
| (C) | The minimum number of parking spaces is 20; and
|
| (D) | The maximum gross floor area is 1190 square metres.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (66) | Exception CR 66 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 31290; and
|
| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (67) | Exception CR 67 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 24472; and
|
| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (68) | Exception CR 68 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 24667;
|
| (B) | Former City of North York by-law 28127; and
|
| (C) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (69) | Exception CR 69 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | Clause 220.5.10.1 does not apply.
|
| (B) | Despite Clause 230.5.10.1, a minimum of 6 outdoor bicycle parking spaces are required for all uses up to the first 970 squares metres of building gross floor area. Bicycle parking spaces will otherwise be provided in accordance with the requirements of Clause 230.5.10.1 for all gross floor area in excess of 970 square metres.
|
| (C) | Despite Regulations 40.5.40.60(1) and 40.10.40.60(1), the following encroachments into a front yard or side yard that abuts a street are permitted:
|
|
| (i) | Canopies and Awnings: Maximum 1.0 metres; and
|
| (ii) | Roof Projections: Maximum 1.3 metres.
|
|
| (D) | Despite Regulation 40.10.20.10(1), the only uses permitted are: ambulance depot, art gallery, artist studio, automated banking machine, community centre, courts of law, financial institution, fire hall, library, massage therapy, medical office, museum, office, park, passenger terminal, performing arts studio, personal service shop, pet services, police station, production studio, retail store, software developing and processing, veterinary hospital, wellness centre.
|
| (E) | Despite Regulation 40.10.20.20(1), the only uses permitted if they comply with the specific conditions associated with the reference number(s) for each use in Clause 40.10.20.100 are: cabaret, club, cogeneration energy, courts of law, custom workshop, day nursery, drive through facility, eating establishment, entertainment place of assembly, funeral home, laboratory, outdoor patio, place of worship, public parking, public utility, recreation use, renewable energy, retail service, service shop, sports place of assembly, take-out eating establishment, t ransportation use, and vehicle service shop.
|
| (F) | Regulations 40.10.40.1(2) and 40.10.100.10(1)(B) and (C) do not apply.
|
| (G) | Despite Regulation 40.10.150.1(1), a maximum of 28 square metres of the lot not located in a front yard or side yard that abuts a street may be utilized for in-ground garbage storage bins.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 903-2016 ] |
| (70) | Exception CR 70 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(119) of North York zoning by-law 7625; and
|
| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (71) | Exception CR 71 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | None of the regulations of 5.10.40.1(3), 5.10.40.40(1), 5.10.40.70(6), 5.10.40.80(1), 40.10.50.10(1), 150.94.50, 230.5.1.10(6), 230.5.1.10(9)(A), 230.5.10.1(1) and 400.10.100.10(1) prevent the erection or use of a building, structure, addition or enlargement if it complies with the following regulations:
|
| (B) | Despite the uses listed in regulation 40.10.20.10, the only uses permitted are: art gallery, artist studio, automated banking machine, financial institution, massage therapy, office, park, performing arts studio, personal service shop, pet services, production studio, retail store, software developing and processing, veterinary hospital, wellness centre;
|
| (C) | Despite the uses listed in regulation 40.10.20.20, the only uses permitted if they comply with the specific conditions associated with the reference number(s) for each use in Clause 40.10.20.100 are: custom workshop, eating establishment, funeral home, outdoor patio, outdoor sales or display, public parking, recreation use, renewable energy, retail service, service shop, t ake-out eating establishment and vehicle service shop;
|
| (D) | Despite (B) and (C) above, open storage is permitted, subject to the following:
|
|
| (i) | open storage may only be associated with a vehicle service shop;
|
| (ii) | open storage may not be located in a yard that abuts a lot in the Residential Zone category or the Residential Apartment Zone category;
|
| (iii) | open storage may not be located in a front yard or side yard;
|
| (iv) | open storage may be no more than 10 percent of the lot area;
|
| (v) | the maximum height of open storage is 5.5 metres; and
|
| (vi) | open storage must be enclosed by a fence;
|
|
| (E) | The front lot line is the lot line abutting Midland Avenue;
|
| (F) | The minimum building setback from a lot line that abuts a street is 3.0 metres;
|
| (G) | A minimum of 13 bicycle parking spaces must be provided; and
|
| (H) | A minimum of 398 square metres of landscaping must be provided in the street yard, of which a minimum 252 square metres must be soft landscaping.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 695-2016 ] |
| (73) | Exception CR 73 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 2301 and 2315 Danforth Avenue, if the requirements of Section 4 and Schedule A of By-law 978-2016 are complied with then a building or structure may be constructed in compliance with regulations (B) to (N) below;
|
| (B) | On 2301 and 2315 Danforth Avenue, if the requirements of By-law 978-2016 are complied with, none of the provisions of 40.10.40.1, 40.10.40.10(5), 40.10.50.10(3), 40.10.80.20(2), 40.5.40.70, and 200.5.1.10(2)(B) apply to prevent the erection or use of a building, structure, addition or enlargement permitted in By-law 978-2016 provided the building or structure complies with subsections (C) to (N) of By-law 978-2016;
|
| (C) | Despite Section 40.10.40.70 and 40.10.40.80, no portion of any building or structure is located otherwise than wholly within the areas delineated by heavy lines shown on Diagram 3 of By-law 978-2016;
|
| (D) | The height of a building or structure, is measured from the Canadian Geodetic Datum elevation of 131.3 metres in the year 2016;
|
| (E) | Despite section 40.10.40.10, no portion of the building may exceed the height in metres specified by the numbers following the symbol H on Diagram 3 of By-law 978-2016;
|
| (F) | Despite Section 40.10.40.60, the following building elements and structures are permitted to extend into required building setbacks shown on Diagram 3 of By-law 978-2016 as follows:
|
|
| (i) | Eaves, cornices, window sills, vents, ornamental elements a maximum projection of 0.2 metres from the required setback from the lot line;
|
| (ii) | Canopies on the ground floor north elevation only may extend a maximum of 2.5 metres and may extend beyond the lot line;
|
| (iii) | Architectural elements on the north, east, and west elevations may extend a maximum of 0.5 metres beyond the balconies;
|
| (iv) | Balconies encroach a maximum of 2.6 metres into a required building setback on the north, south, and east elevations of the building only; and
|
| (v) | Underground garage structure may encroach to the property line as shown on Diagrams 1 and 3 of By-law 978-2016;
|
|
| (G) | Despite Section 40.5.40.10, the following building elements and structures are permitted to extend above the heights shown on Diagram 3 of By-law 978-2016 as follows:
|
|
| (i) | Roof-top parapets a maximum of 1.0 metres above the maximum height;
|
| (ii) | Architectural elements on the north, east, and west elevations to a maximum of the building height; and
|
| (iii) | Trellis a maximum of 3.0 metres high, if setback 3.0 metres from the interior face of the main wall as shown on Diagram 3 of By-law 978-2016; and
|
| (iv) | Stairwell enclosures on the roof to a maximum of 3.0 metres;
|
|
| (H) | The maximum number of dwelling units permitted is 170;
|
| (I) | Despite Section 40.10.40.40, the total gross floor area must not exceed:
|
|
| (i) | 12,175 square metres for all buildings;
|
| (ii) | 11,795 square metres for the residential gross floor area of the building; and
|
| (iii) | 390 square metres for the non-residential gross floor area of the building;
|
|
| (J) | Despite Section 40.10.40.50, minimum amenity space must be provided and maintained accordingly:
|
|
| (i) | 270 square metres indoor; and
|
| (ii) | 340 square metres outdoor;
|
|
| (K) | Despite Section 200.5.10.1, the minimum number of required parking spaces for 170 dwelling units and 390 square metres of non-residential uses is 105, of which:
|
|
| (i) | 10 parking spaces must be exterior visitor parking spaces; and
|
| (ii) | 2 of the exterior parking spaces may be used for a car-share parking space;
|
|
| (L) | Despite Chapter 220, a minimum of one loading space - Type G must be provided and maintained on the lot to serve both residential uses and non-residential uses on the lot;
|
| (M) | A temporary sales presentation centre may be permitted on the lot, and none of the other provisions of By-law 978-2016 apply to such use;
|
| (N) | For the purposes of By-law 978-2016 the terms set forth in bold type must have the same meaning as such terms have for the purposes of By-law No. 569-2013 as amended, except that the following definitions must apply:
|
|
| (i) | "car-share motor vehicle" shall mean a motor vehicle available for short-term rental, including an option for hourly rental, for the use of at least the occupants of the building erected on the lot;
|
| (ii) | "car-share parking space" shall mean a parking space used exclusively for the parking of a car-share motor vehicle; and
|
| (iii) | "temporary sales presentation centre" shall mean an office, showroom or sales trailer used exclusively for the initial sale and/or initial leasing of dwelling units or non-residential units to be erected on the lot.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 978-2016 ] |
| (74) | Exception CR 74 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 897 & 899 Queen Street East, if the requirements of By-law 976-2016 are complied with, none of the provisions of Clause and Regulations 40.5.40.10.(4), 40.5.40.10.(6), 40.5.40.70.(1), 40.10.40.1.(1), 40.10.40.10.(2), 40.10.40.10.(5), 40.10.40.40, 40.10.40.60.(1), 40.10.40.70.(2), 40.10.40.70.(4), 40.10.40.80.(2), 200.5.10.1.(1) [ Dwelling Unit in a Mixed Use Building and Dwelling Unit in a Mixed Use Building Visitor Parking], 200.15.1.5.(1), 220.5.1.10.(8), 220.5.20.1.(1) and 900.11.10(2) apply to prevent the erection or use of a building, structure, addition or enlargement and ancillary uses, permitted in By-law 976-2016;
|
| (B) | A maximum of 60 dwelling units shall be permitted on the lot;
|
| (C) | The total gross floor area of all buildings and structures on the lot must not exceed 5,700 square metres of which:
|
|
| (i) | The total gross floor area for residential uses must not exceed 5,375 square metres;
|
| (ii) | The total gross floor area for non-residential uses must not exceed 325 square metres;
|
|
| (D) | Average grade is Canadian Geodetic Datum elevation 79.8 metres. The height of a building or structure must not exceed the height in metres specified by the numbers following the symbol "H" as shown on Diagram 3 of By-law 976-2016;
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| (E) | Despite (D) above, canopies, awnings, building cornices, window washing equipment, lighting fixtures, ornamental elements, lightning rods, parapets, trellises, eaves, window sills, guardrails, railings, stairs, stair enclosures, air intakes and vents, ventilating equipment, landscape and green roof elements, partitions dividing outdoor recreation areas, wind mitigation elements, chimney stack, exhaust flues, enclosed areas used for mechanical, electrical, heating or rooftop access purposes, outdoor mechanical, electrical, ventilation or heating equipment, rooftop surfacing, mechanical equipment, stair overrun and garbage chute overruns may exceed the permitted maximum height for the associated portion of the building specified by the number following the "H" symbol as shown on Diagram 3 of By-law 976-2016 by 4.0 metres;
|
| (F) | Despite (D) above, the elevator overrun may exceed the permitted maximum height specified by the number following the "H" symbol as shown on Diagram 3 of By-law 976-2016 by 6.2 metres, provided that the overrun is set back 18.5 metres from the south property line and is no larger than 35 square metres in area;
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| (G) | Minimum building height stepbacks must be provided as shown on Diagram 3 of By-law 976-2016;
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| (H) | The required minimum building setbacks must be provided as shown on Diagram 3 of By-law 976-2016;
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| (I) | Despite (G) and (H) above, awnings, building cornices, lighting fixtures, window washing equipment, ornamental elements, lightning rods, trellises, parapets, eaves, window sills, guardrails, railings, stairs, stair enclosures, wheel chair ramps, air intakes and vents, landscape and green roof elements, partitions dividing outdoor recreation area, wind mitigation elements, and other minor architectural façade details may project no more than 0.3 metres beyond the heavy lines shown on Diagram 3 of By-law 976-2016;
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| (J) | Despite (G) and (H) above, balconies, guard rails and balcony dividers, above a height of 5.0 metres above average grade, may project beyond the heavy lines shown on Diagram 3 of By-law 976-2016 a maximum of 1.5 metres;
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| (K) | Despite (G) and (H) above, canopies above a height of 3.5 metres above average grade, may project beyond the heavy lines shown on Diagram 3 of By-law 976-2016 a maximum of 1.5 metres;
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| (L) | Despite (G) and (H) above, the rear wall/fence adjacent to the ground floor patio and the rear transformer, may project beyond the heavy lines shown on Diagram 3 of By-law 976-2016 to a maximum of 4.0 metres;
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| (M) | Despite 40.10.40.50(1) in Zoning By-law 569-2013 outdoor amenity space does not need to be in a location adjoining or directly accessible to the indoor amenity space;
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| (N) | Despite Table 200.5.10.1, Parking spaces must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | A minimum total of 37 parking spaces must be provided for the dwelling units and 4 of which must be provided as resident visitor parking spaces. No parking spaces shall be required for any non-residential use;
|
|
| (O) | Despite 200.5.1.10(2)(A)(iv), 200.5.1.10(2)(B)(iv), 200.5.1.10(2)(C)(iv) and 200.5.1.10(2)(D), a maximum of two (2) obstructed p arking spaces are permitted to have a minimum width of 2.6 metres, with no further minimum dimension requirements applied to the side or sides of said parking space if it is obstructed, including being adjacent to any part of a fixed object such as a wall, column, bollard, fence or pipe;
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| (P) | Despite 230.5.10.1(1) and (5), Bicycle parking spaces must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | A minimum of 59 long-term bicycle parking spaces must be provided for occupants; and
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| (ii) | A minimum of 9 short-term bicycle parking spaces must be provided for visitors;
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| (Q) | Dwelling units are not permitted on any floor below average grade;
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| (R) | The minimum required height of the non-residential portion of the first storey, measured between the floor of the first storey and the ceiling of the first storey, is 4.3 metres exclusive of any structural elements;
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| (S) | The lot is delineated by heavy lines on Diagram 1 of By-law 976-2016;
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| (T) | None of the provisions of this By-law shall apply to prevent a temporary sales office on the lot, which shall mean a building or structure used for the purpose of the sale of dwelling units; and
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| (U) | Despite any existing or future severance, partition or division of the lot, the provisions of this By-law shall apply to the whole of the lot as if no severance, partition or division occurred.
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|
|
Prevailing By-laws and Prevailing Sections:
|
|
| (A) | Section 12(2)270(a) of former City of Toronto By-law 438-86 [ By-law: 976-2016 ]
|
|
| (75) | Exception CR 75 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(125) of North York zoning by-law 7625; and
|
| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (76) | Exception CR 76 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 31245; and
|
| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (77) | Exception CR 77 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(28) of North York zoning by-law 7625; and
|
| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (78) | Exception CR 78 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 20 Edward Street, as shown on Diagram 1 of By-law 150-2021(LPAT), if the requirements of Section 5 and Schedule A of By-law 150-2021(LPAT) are complied with, a building or structure may be constructed, used or enlarged in compliance with Sections (B) to (N) below; [ By-law: 1092-2021 ]
|
| (B) | Despite 40.5.40.10, 40.10.40.10 (1), and 600.10, average grade is Canadian Geodetic Datum elevation 93.24 metres and no portion of any building or structure shall have a height in metres greater than the height limits specified by the numbers following the symbol HT on Diagram 3 attached to and forming part of this By-law, except that:
|
|
| (i) | nothing shall prevent canopies, wind screens, parapets, guard rails, roofing materials, railings and dividers, pergolas, trellises, eaves, screens, stairs, roof drainage, lightning rods, architectural features, landscaping, roof maintenance access ladder, elements of a green roof and window washing equipment including but not limited to davit arms and roof anchors, from projecting a maximum of 5.0 metres above the portions of buildings with height limits above average grade of up to 22.5 metres, as specified by the numbers following the symbol "HT" on Diagram 3 of this By-law;
|
| (ii) | nothing shall prevent boiler flues, roof maintenance ladder, guard rails, parapets, roofing materials, landscaping, lightning rods, elements of a green roof and window washing equipment, including but not limited to davit arms and roof anchors, from projecting a maximum of 1.5 metres above the height limits of the portions of buildings with a maximum height of 94.5 metres, as specified by the numbers following the symbol "HT" on Diagram 3 of this By-law;
|
| (iii) | nothing shall prevent boiler flues, roof maintenance ladder, parapets, roofing materials, landscaping, lightning rods and window washing equipment, including but not limited to davit arms, roof anchors, and elements of a green roof from projecting a maximum of 0.4 metres above the height limits of portions of buildings with a maximum height of 98.0 metres, as specified by the numbers following the symbol "HT" on Diagram 3 of this By-law;
|
| (iv) | nothing shall prevent boiler flues, mechanical ducts, roof maintenance ladder, guard rails, parapets, roofing materials, landscaping, lightning rods, elements of a green roof, and window washing equipment, including but not limited to davit arms and roof anchors, from projecting a maximum of 1.8 metres above the height limits of the portions of with a buildings maximum height of 100.6 metres, as specified by the numbers following the symbol "HT" on Diagram 3 of this By-law; and
|
| (v) | nothing shall prevent boiler flues, parapets, roofing materials, landscaping, lightning rods and window washing equipment, including but not limited to davit arms and roof anchors, from projecting a maximum of 0.6 metres above the height limits of the portions of buildings with a maximum height of 103.3 metres, as specified by the numbers following the symbol "HT" on Diagram 3 of this By-law.
|
|
| (C) | Despite 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey, not including a mezzanine floor, is 4.5 metres.
|
| (D) | Despite 5.10.40.70, 40.5.40.60, 40.5.40.70, 40.10.40.60, 40.10.40.70 (1), and 600.10, no portion of any building or structure above average grade shall be located otherwise than wholly within the areas delineated by heavy lines on Diagram 3 attached to and forming part of this By-law, with the exception of the following:
|
|
| (i) | the ground floor shall be set back 1.35 metres from the south property line;
|
| (ii) | nothing shall prevent art and landscape features, cornices, light fixtures, ornamental elements, parapets, patios, decks, pillars, pergolas, trellises, balconies, terraces, eaves, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, awnings and canopies, window washing equipment, and underground garage ramps and associated structures from extending a maximum of 3.0 metres beyond the heavy lines of portions of buildings with height limits above average grade of up to 94.5 metres, as specified by the numbers following the symbol "HT" on Diagram 3 of this By-law;
|
| (iii) | nothing shall prevent window washing equipment, including but not limited to davit arms and roof anchors which have a maximum height of 1.5 metres, from extending a maximum of 2.0 metres beyond the heavy lines of portions of buildings with a height limit of 94.5 metres, as specified by the numbers following the symbol "HT" on Diagram 3 of this By-law;
|
| (iv) | nothing shall prevent window washing equipment, including but not limited to davit arms and roof anchors which have a maximum height of 1.8 metres, from extending a maximum of 2.0 metres beyond the heavy lines of portions of buildings with a height limit of 100.6 metres, as specified by the numbers following the symbol "HT" on Diagram 3 of this By-law;
|
| (v) | balconies may project no more than 1.7 metres beyond the heavy lines shown on Diagram 3 of this By-law, with the exception of the easternmost façade of the building where balconies shall not be permitted; and
|
| (vi) | nothing in 4(C)(iii) shall prevent a terrace from projecting beyond the heavy lines in Diagram 3.
|
|
| (E) | Despite 40.10.40.40 (1), the maximum gross floor area of all buildings and structures on the lot must not exceed 47,700 square metres, and:
|
|
| (i) | the total gross floor area of residential uses must not exceed 38,900 square metres; and
|
| (ii) | the total gross floor area of non-residential uses must not exceed 8,850 square metres.
|
|
| (F) | The maximum number of dwelling units for any building erected on the lot is 560, of which:
|
|
| (i) | a minimum of 51 dwelling units erected or units of the lands must each have three or more bedrooms in compliance with the provisions of the Ontario Building Code (O. Reg. 322/12), as amended or replaced from time to time.
|
|
| (G) | Despite 40.10.40.50, a minimum of 2.6 square metres of amenity space per dwelling unit must be provided including:
|
|
| (i) | a minimum of 1.5 square metres of indoor residential amenity space per dwelling unit; and
|
| (ii) | a minimum of 1.1 square metres of outdoor residential amenity space per dwelling unit.
|
|
| (H) | Despite 200.5.10.1 and Table 200.5.10.1, a minimum number of parking spaces must be provided and maintained on the lot, in accordance with the following:
|
|
| (i) | 129 parking spaces for the use of residents in the building;
|
| (ii) | 116 parking spaces for the non-residential uses in the building;
|
| (iii) | no parking spaces for visitors shall be required on the lot; and
|
| (iv) | 8 car-share parking spaces.
|
|
| (I) | Despite 40.10.100.10 (1), vehicular access to all buildings and structures on the lot may be provided from Edward Street;
|
| (J) | Despite 200.15, as amended, only the following regulations apply to accessible parking spaces:
|
|
| (i) | An accessible parking space must have the following minimum dimensions:
|
|
| (a) | length of 5.6 metres;
|
| (b) | width of 3.9 metres; and
|
| (c) | vertical clearance of 2.1 metres.
|
|
| (ii) | Accessible parking spaces must be the parking spaces located:
|
|
| (a) | closest to a main pedestrian access to a building; and;
|
| (b) | at the same level as a pedestrian entrance to the building.
|
|
| (iii) | Clearly identified off street accessible parking spaces must be provided on the same lot as every building or structure erected or enlarged, if the total parking space requirement is 5 or more, in compliance with the following:
|
|
| (a) | if the number of required parking spaces is 5 to 24, a minimum of 1 parking space must comply with the minimum dimensions for an accessible parking space;
|
| (b) | if the number of required parking spaces is 25 to 100, a minimum of 1 parking space for every 25 parking spaces or part thereof must comply with the minimum dimensions for an accessible parking space;
|
| (c) | if the number of required parking spaces is more than 100, a minimum of 4 parking spaces plus 1 parking space for every 50 parking spaces or part thereof in excess of 100 parking spaces, must comply with the minimum dimensions for an accessible parking space.
|
|
|
| (K) | Despite 40.10.90.40 (1) and 40.10.90.40 (3), a minimum number of loading spaces must be provided and maintained on the lot, in accordance with the following:
|
|
| (i) | a minimum of 2 Type "B" loading spaces;
|
| (ii) | a minimum of 2 Type "C" loading spaces; and
|
| (iii) | a minimum of 1 Type "G" loading space.
|
|
| (L) | Despite 230.5.1.10, 230.5.10.1 and Table 230.5.10.1(1), a minimum number of bicycle parking spaces must be provided and maintained on the lot, in accordance with the following:
|
|
| (i) | a minimum of 0.9 bicycle parking spaces – occupant per dwelling unit;
|
| (ii) | a minimum of 0.1 bicycle parking spaces – visitor per dwelling unit;
|
| (iii) | a minimum of 41 bicycle parking spaces shall be specifically dedicated to non-residential uses; and
|
| (iv) | despite 230.5.1.10(4), a stacked bicycle parking space must have a minimum width of 0.4 metres.
|
|
| (M) | Nothing in this By-law shall prevent the erection or use of a building, structure, addition or enlargement for a mixed use building, temporary sales office, car-sharing, parking garage, or any other use permitted by this exception;
|
| (N) | For the purpose of Exception CR 78, all bold-type words and expressions have the same meaning as defined in By-law 569-2013, as amended, with the exception of the following:
|
|
| (i) | car-sharing means the practice where a number of people share the use of one or more motor vehicles that are owned by a profit or non-profit car sharing organization. To use a car-sharing vehicle, a person must meet the membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable. Vehicles are reserved in advance and fees for use are normally based on time and/or charge fees based on kilometres driven;
|
| (ii) | car-share parking space means a parking space exclusively reserved and used only for car-sharing purposes whereby the vehicle is accessible to at least the occupants of the buildings;
|
| (iii) | lot means the parcel of land outlined by heavy lines on Diagram 1 attached to and forming part of this By-law;
|
| (iv) | storey means a level of a building, other than a basement, located between any floor and the floor, ceiling or roof immediately above it, except that a storey shall not include a mezzanine level located between the first storey and the second full storey of a building provided that the gross floor area of the mezzanine level shall not exceed 50 percent of the gross floor area of the first storey in the building; and
|
|
| (O) | Notwithstanding any existing or future severances, partition, or division of the lot, the provisions of this By-law will apply to the whole of the lot as if no severance, partition, or division had occurred.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | (A) Section 12(2)256 of former City of Toronto By-law 438-86. [ By-law: 150-2021(LPAT) ]
|
|
| (79) | Exception CR 79 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 29501;
|
| (B) | Section 64.25(4) of North York zoning by-law 7625; and
|
| (C) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (81) | Exception CR 81 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 77 River Street and 7 Labatt Avenue if the requirements of Schedule A and Section 8 of By-law 1256-2017 are complied with, then none of the provisions of 540.10.40.10.2(A), 40.10.40.40(1)(A), 40.10.40.40(1)(C), 40.10.40.50(1)(C), 40.10.40.70(2), 40.10.100.10 (1)(C), 220.5.10.1(1) and 230.5.1.10(7)(B) apply to prevent the erection or use of a building, structure, addition or enlargement permitted by the regulations below;
|
| (B) | Despite the uses listed in Article 40.10.20.10(1)(A), the only uses permitted under the letter 'c' are: retail store, personal service shop, service shop, office, community centre, place of worship and public parking;
|
| (C) | Despite the uses listed in Article 40.10.20.10(1)(B) and 40.10.20.20(1)(B), the only use permitted under the letter 'r' is: dwelling unit;
|
| (D) | Despite the uses listed in Article 40.10.20.20(1), the only conditional uses permitted is: public parking, which is a permitted use conditional upon being provided within a parking garage located below average grade;
|
| (E) | Despite Article 800.50 (240), Average Grade is the Canadian Geodetic Datum elevation of 84.1 metres;
|
| (F) | Despite Article 40.50.40.10, the height of a building or structure is measured as the vertical distance between A verage Grade and the highest point of the building or structure except for those elements prescribed in section (G) below;
|
| (G) | Despite Article 40.10.40.10, the height of any building or structure, as measured from Average Grade, must not exceed the height in metres specified by the numbers following the symbol HT on Diagram 6 of By-law 1256-2017, with the exception of the following:
|
|
| (i) | parapets, guard rails, railings and dividers, trellises, eaves, screens, stairs, skylights, roof drainage, window washing equipment, lightning rods, architectural features, wheelchair ramps, stair enclosures, roof assemblies including decking and pavers, landscaping and elements of a green roof;
|
| (ii) | vents, stacks, pipes, lightning rods and chimneys may extend up to 2.0 metres above the applicable height limit shown on Diagram 6; and
|
| (iii) | mechanical penthouses or roof top mechanical equipment may extend up to 6.0 metres above the applicable height limit shown on Diagram 6;
|
|
| (H) | The portions of a building or structure above finished ground must be located within the areas delineated by heavy lines on Diagram 6 of By-law 1256-2017 except:
|
|
| (i) | cornices, light fixtures, ornamental elements, parapets, art and landscape features, patios, decks, pillars, trellises, terraces, eaves, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, wheelchair ramps, fences, screens, site servicing features, awnings and canopies, and underground garage ramps and associated structures may extend beyond the heavy lines shown on Diagram 6 of By-law 1256-2017; and
|
| (ii) | balconies may encroach to a maximum of 2.0 metres;
|
| (iii) | The exceptions noted in (i) and (ii) above, do not apply to any above grade building or structure that is located along the south lot line;
|
|
| (I) | The total gross floor area of all buildings and structures on the lands must not exceed 51,685 square metres:
|
|
| (i) | the gross floor area of buildings or structures occupied by residential uses must not exceed 47,040 square metres;
|
| (ii) | the gross floor area of buildings and structures occupied by non-residential uses must not be less than 4,645 square metres of which:
|
|
| (a) | a minimum of 2,320 square metres must be used for office, place of worship and/or community centre uses, excluding the area occupied by a parking garage or public parking; and
|
| (b) | a maximum of 177 square metres may be used for a worship area within a place of worship;
|
|
| (iii) | for the purposes of this exception, a public parking garage is not counted as gross floor area;
|
|
| (J) | At least twenty percent (20 percent) of all dwelling units erected or used on the lot must have two or more bedrooms, and at least a further ten percent (10 percent) of all dwelling units erected or used on the lot must have three or more bedrooms;
|
| (K) | Despite 200.5.10.1 (1), should the dwelling units within the building be held in common ownership as a purpose built rental apartment building, and the owner has entered into and registered on title to the lot the requisite agreements with the City pursuant to section 37 of the Planning Act and/or section 111 of the City of Toronto Act to secure to the satisfaction of the City the continued rental tenure of such dwelling units for a minimum period of twenty years and to prohibit conversion to condominium tenure for such period in accordance with standard City practices and policies, parking spaces for dwelling units must be provided and maintained in accordance with the following:
|
|
| (i) | a minimum of 0.15 parking spaces for each bachelor dwelling unit;
|
| (ii) | a minimum of 0.3 parking spaces for each one bedroom dwelling unit;
|
| (iii) | a minimum of 0.45 parking spaces for each two bedroom dwelling unit;
|
| (iv) | a minimum of 1.0 parking spaces for each three-bedroom dwelling unit;
|
| (v) | a minimum of 0.06 parking spaces for each dwelling unit on the lot, for the use of residential visitors to the lot, and which may or may not be located in a public parking garage; and
|
| (vi) | the number of required parking spaces for residential dwelling units can be reduced at a rate of four resident spaces for each car-share parking space provided, and the maximum reduction permitted must be 16 spaces;
|
|
| (L) | Despite 200.5.10 (1) and section (K) above, should the dwelling units be located within a plan of condominium registered pursuant to the Condominium Act, where each dwelling unit is a separately conveyable unit within such plan of condominium, parking spaces for the dwelling units must be provided and maintained in accordance with the following:
|
|
| (i) | a minimum of 0.3 parking spaces for each bachelor dwelling unit;
|
| (ii) | a minimum of 0.5 parking spaces for each one bedroom dwelling unit;
|
| (iii) | a minimum of 0.8 parking spaces for each two bedroom dwelling unit;
|
| (iv) | a minimum of 1.0 parking spaces for each three-bedroom dwelling unit;
|
| (v) | a minimum of 0.06 parking spaces for each dwelling unit on the lot, for the use of residential visitors to the lot, and which may or may not be located in a public parking garage; and
|
| (vi) | the number of required parking spaces for residential dwelling units can be reduced at a rate of four resident spaces for each car-share parking space provided, and the maximum reduction permitted must be 16 spaces;
|
|
| (M) | For the purpose of this exception, car-share means the shared use of one or more cars that are owned by a car-sharing organization, where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometers driven, and set membership requirements of the car-sharing organization;
|
| (N) | For the purpose of this exception a car-share parking space means a parking space that may be reserved and actively used for car-sharing, including non-residents;
|
| (O) | Despite Article 200.5.10, parking spaces for non-residential uses must be provided and maintained in accordance with the following:
|
|
| (i) | a minimum of 1.0 parking space per 300 square metres of office and community centre gross floor area on the lot, which may be located within the public parking garage;
|
| (ii) | minimum of 1.0 parking space for each 100 square metres of gross floor area on the lot used for retail stores, personal service shops, eating establishments, and service shops, which may be located within the public parking garage;
|
| (iii) | a minimum rate of 6.0 parking spaces for each 100 square metres of worship area within a place of worship and a maximum rate of 11.0 parking spaces for each 100 square metres of worship area; and
|
| (iv) | parking spaces for other permitted non-residential uses must be provided in accordance with Section 200.5.10, and may be located within the public parking garage;
|
|
| (P) | Despite Article 200.5.1.10 a maximum of 6 parking spaces may have a minimum length of 4.6 metres and a maximum of 6 parking spaces may have a minimum width of 2.2 metres;
|
| (Q) | Despite Articles 40.10.90.1 and 200.5.10.1, the minimum number of loading spaces required must be provided and maintained in accordance with the following:
|
|
| (i) | 1 type G loading space;
|
| (ii) | 1 type B loading space; and
|
| (iii) | 2 type C loading spaces;
|
|
| (R) | Despite Article 230.5.1, bicycle parking spaces are permitted to be located in all levels of the building and parking garage both above and below a verage grade. Long term and short term bicycle parking spaces may:
|
|
| (i) | consist of both vertical and horizontal spaces;
|
| (ii) | be located in lockers; and
|
| (iii) | be stacked;
|
|
| (S) | Amenity space for the use of residents on the lot must be provided and maintained on the lot as follows:
|
|
| (i) | a minimum of 2.0 square metres of indoor amenity space for each dwelling unit, must be provided and maintained in a multi-purpose room or rooms, that may or may not be contiguous with one another, and at least one of which must contain a kitchen and a washroom; and
|
| (ii) | a minimum of 2.0 square metres of outdoor amenity space for each dwelling unit, of which at least 40 square metres is provided in a location adjoining or directly accessible from the indoor amenity space required in (a) above which contains a kitchen and a washroom; and
|
|
| (T) | None of the provisions of Zoning By-law 569-2013, as amended, apply to prevent the erection or use of a temporary building, structure, facility or trailer on the lot used for the purpose of the sale of dwelling units to be erected on the lot for up to three years.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1256-2017 ] |
| (82) | Exception CR 82 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | No minimum southerly side yard setback or minimum rear yard setback, is required for a building if:
|
|
| (i) | it contains a retail store; and
|
| (ii) | if all other provisions of this By-law, as amended, are complied with.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (83) | Exception CR 83 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 64.25(1) of the City of North York zoning by-law 7625.
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| (84) | Exception CR 84 |
| 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) | Former City of North York by-laws 26560 and 27290; and
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| (B) | Section 64.25(1) of the City of North York zoning by-law 7625.
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| (85) | Exception CR 85 |
| 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)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 27290; and
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| (B) | Section 64.25(1) of the City of North York zoning by-law 7625.
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| (86) | Exception CR 86 |
| 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) | Section 64.23(46) of North York zoning by-law 7625.
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| (87) | Exception CR 87 |
| 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, a vehicle dealership is also permitted if the minimum lot frontage is 22.0 metres;
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| (B) | If the lot has a vehicle dealership, no landscaping strip is required abutting the front lot line; and
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| (C) | Despite the parking space requirements in Chapter 200, parking spaces must be provided for each dwelling unit at a minimum rate of 1.5 parking spaces of which 0.25 parking spaces for each dwelling unit must be for visitor parking.
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|
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (88) | Exception CR 88 |
| 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) | Section 64.23(81) of North York zoning by-law 7625.
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| (89) | Exception CR 89 |
| 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 126 and 128 Hazelton Avenue, clause 5.10.40.70, and regulations 40.10.40.1(1), 40.10.40.10(1), 40.10.40.50(1), 40.10.40.60(1) and (2), 40.10.40.70(2), 40.10.50.10(2) and (3), 40.10.100.10(1)(B), 200.5.1.10(5), 200.5.1.10(12), 200.5.1.10(13), 200.5.10.1., 200.15.1(1), 200.15.1.5(1), 200.15.10(1), 230.5.1.10(9) and 600.10.10 do not apply to prevent the erection or use of a building, structure, addition or enlargement if it complies with regulations (B) to (M) below; [ By-law: 654-2018 ]
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| (B) | Despite 40.10.40.10(2), any building or structure erected on the lands must not exceed the height in metres specified by the numbers following the symbol "H" on Diagram 3 of By-law 1265-2016, with the exception of the follow:
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| (i) | canopies, awnings, safety railings, architectural features, parapets, trellises, balustrades, swimming pools and associated structures, window sills, window washing equipment, privacy screens and fences, wheelchair ramps, architectural screens, guardrails, chimneys, vents, stacks, terraces, architectural elements, green roof elements, roof access hatches, planters, elevator overruns and elements or structures on the roof of the building used for outside or open air recreation, safety or wind protection purposes, heating, cooling or ventilating equipment; and
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| (ii) | swimming pools and associated structures may project a maximum of 3.0 metres beyond the heavy lines shown on Diagram 3 of By-law 1265-2016;
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| (C) | No portion of any building or structure above grade may be located otherwise than wholly within the areas delineated by the heavy lines on Diagram 3 of By-law 1265-2016. In addition to encroachments permitted in Section 40.10.40.60, the following encroachments are permitted to extend a maximum of 2.0 metres beyond the areas delineated by heavy lines on Diagram 3 of By-law 1265-2016:
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| (i) | cornices, light fixtures, ornamental elements, portico entrances, patios, decks, pillars, balconies, terraces, eaves, window sills, ventilation shafts, guardrails, balustrades, and awnings and canopies;
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| (D) | Despite 40.10.40.40(1), the total gross floor area of all buildings and structures on the lands as shown on Diagram 3 of By-law 1265-2016, must not exceed 5,760 square metres, of which:
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| (i) | residential uses must not exceed 5,560 square metres; and
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| (ii) | non-residential uses must not exceed 370 square metres;
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| (E) | Amenity space must be provided at a minimum rate of 3.4 square metres for each dwelling unit, of which:
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| (i) | at least 2.0 square metres for each dwelling unit is indoor amenity space;
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| (ii) | at least 30.0 square metres of outdoor amenity space is in a location adjoining or directly accessible to the indoor amenity space; and
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| (iii) | no more than 25 percent of the outdoor amenity space may be a green roof;
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| (F) | A minimum of 47 parking spaces must be provided and maintained as follows:
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| (i) | A minimum of 40 parking spaces must be for the occupants of the building;
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| (ii) | A minimum of 3 parking spaces must be for the use of residential visitors; and
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| (iii) | A minimum of 4 parking spaces must be for non-residential uses;
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| (G) | Despite Section 200.5.1.10(5), a maximum of 8 required parking spaces may be a tandem parking space;
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| (H) | A maximum of 1 parking space that is obstructed is not required to comply with regulation 200.5.1.10(2)(A);
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| (I) | Despite Section 200.5.1(3), a portion of the drive aisle/driveway will be made up of a car elevator which does not comply with the minimum drive aisle width;
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| (J) | Despite Section 230.5.10.1(1), (2) and (5), a minimum of 22 bicycle parking spaces must be provided and maintained as follows:
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| (i) | A minimum of 19 long-term bicycle parking spaces must be provided; and
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| (ii) | A minimum of 3 short-term bicycle parking spaces must be provided;
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| (K) | Despite Section 230.5.1.10(9), long-term bicycle parking spaces and short-term bicycle parking spaces can be located below grade and stored in an area with a bicycle rack that is not in a secured room;
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| (L) | For the purpose of regulation 40.5.40.10(1) and (2), height is measured from the Canadian Geodetic Datum elevation of 118.54 metres (CGVD28-Pre-1978 Adjustment);
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| (M) | Despite Section 40.10.40.10(5) the required minimum height of the first storey, measured between the Canadian Geodetic Datum elevation of 118.54 metres (CGVD28-Pre-1978 Adjustment) and the floor of the storey above the first storey, is 4.2 metres; [ By-law: 654-2018 ]
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1265-2016 ] |
| (90) | Exception CR 90 |
| 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) | Despite regulations to the contrary, the permitted uses do not include a hotel, custom workshop, vehicle dealership, car rental agency, vehicle fuel station, vehicle service shop, vehicle washing establishment and a funeral home.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (91) | Exception CR 91 |
| 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) | Despite regulations to the contrary, the only permitted uses are a vehicle fuel station and a vehicle service shop if it complies with the applicable regulations of the zone and Chapter 150; and
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| (B) | The minimum lot frontage and lot depth requirements for a vehicle fuel station do not apply to these lands.
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|
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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| (92) | Exception CR 92 |
| 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) | Despite clauses 40.5.40.70(1)(B), 40.10.40.70 and 40.10.40.80, no above grade portion of any building or structure is located otherwise than wholly within the areas delineated by heavy lines shown on Diagram 3 of By-law 1251-2016;
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| (B) | Despite section 40.5.40.10, height is measured from the Canadian Geodetic Datum elevation of 114.6 metres to the highest point of any building or structure;
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| (C) | Despite clause 40.10.40.10, no portion of the building may exceed the height in metres specified by the numbers following the symbol H on Diagram 3 of By-law 1251-2016;
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| (D) | Despite clause 40.10.40.10(5), the minimum height of the first storey is 4.5 metres from the finished floor to the finished floor of the storey above;
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| (E) | The following building elements and structures are permitted to encroach into the required building setbacks shown on Diagram 3 of By-law 1251-2016 as follows:
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| (i) | Eaves, cornices, window sills, vents, ornamental elements, lighting fixtures, guardrails, balustrades, stairs, railings, and wheelchair ramps to a maximum of 0.4 metres;
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| (ii) | Balconies and guards on storey 4 only to a maximum of 0.5 metres on the north elevation of the building;
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| (iii) | Canopy on the ground floor south elevation to a maximum of 2.5 metres; and
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| (iv) | Living wall in the rear yard;
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| (F) | The following building elements and structures are permitted to extend above the heights shown on Diagram 3 of By-law 1251-2016 as follows:
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| (i) | Trellis, guardrails, balustrades, balcony dividers, stairs, railings, landscape and greenroof elements, elevator overrun, and mechanical equipment to a maximum of 1.8 metres high;
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| (ii) | Planters to a maximum of 1.3 metres high; and
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| (iii) | Living wall to a maximum of 3.0 metres;
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| (G) | The maximum number of dwelling units permitted is 53;
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| (H) | Balconies are not permitted on storeys 2 and 3 of the north elevation;
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| (I) | Despite clause 40.10.40.40, the total gross floor area must not exceed:
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| (i) | 5,050 square metres for all buildings;
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| (ii) | 4,410 square metres for the residential gross floor area of the building; and
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| (iii) | 640 square metres for the non-residential gross floor area of the building;
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| (J) | The minimum number of non-residential units is 3;
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| (K) | The maximum gross floor area for non-residential units is 265 square metres;
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| (L) | Despite clause 40.10.40.50, amenity space must be provided and maintained accordingly;
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| (i) | a minimum of 131 square metres indoors; and
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| (ii) | a minimum of 32 square metres outdoors;
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| (N) | Despite sections 200.15.10 and 200.15.1.5, 1 accessible visitor parking space - residential is required;
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| (O) | Parking garage access ramps must have a minimum width of 5.5 metres;
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| (P) | Interior drive aisles must have a minimum width of 6.0 metres;
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| (Q) | Despite clause 200.5.1.10(2), parking spaces may be 2.6 metres wide when adjacent to a wall;
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| (R) | Despite Chapter 220, one Type G loading space must be provided;
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| (S) | None of the provisions of Zoning By-law 569-2013, as amended, apply to prevent the erection or use of a temporary sales office on the lot; and
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| (T) | For the purposes of 1251-2016, the terms set forth in bold type must have the same meaning as such terms have for the purposes of By-law 569-2013 as amended, except that the following definitions must apply:
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| (i) | " temporary sales presentation centre" means an office, showroom or sales trailer used exclusively for the initial sale and/or initial leasing of dwelling units or non-residential units to be erected on the lot.
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| (M
M) | Despite clause 200.5.10.1, the minimum vehicle parking space requirements must be consistent with the following ratios:
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| (i) | 0.5 vehicle parking spaces - occupant for every bachelor and one bedroom dwelling unit;
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| (ii) | 0.75 vehicle parking spaces - occupant for every two and three bedroom dwelling unit;
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| (iii) | 0.06 vehicle parking spaces - visitor for every residential dwelling unit; and
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| (iv) | 1 vehicle parking space per 100 square metres of gross floor area – non-residential;
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|
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Prevailing By-laws and Prevailing Sections: (None Apply
[ By-law: 1251-2016 ] |
| (93) | Exception CR 93 |
| 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) | Despite regulations 40.10.40.70 (2)(D), and 40.10.40.70 (3)(D), a building or structure cannot penetrate a 45-degree angular plane measured from the side lot line or rear lot line abutting a lot in the Residential Zone category.
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|
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Former City of North York by-law 8837; and
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| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
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|
| (94) | Exception CR 94 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
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| (A) | On the lands municipally known as 3237 Bayview Avenue, if the requirements of By-law 546-2017(OMB) are complied with, none of the provisions of subsections 40.5.40.10(1) and (2), 40.10.20, 40.10.30.40, 40.10.40.10, 40.10.40.40, 40.10.40.50, 40.10.40.60, 40.10.40.70, 40.10.40.80, 40.10.50, 40.10.80.20, 40.10.90.10, 200.5.1(3), 200.5.10.1(1) and 230.5.1.10(9) shall apply to prevent the erection or use of a building, structure, addition or enlargement permitted in By-law 546-2017(OMB) if the building or structure complies with (B) to (N) below;
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| (B) | Despite clauses 40.10.20.10 and 40.10.20.20, only a dwelling unit use is permitted;
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| (C) | The maximum lot coverage, exclusive of those elements permitted to project beyond the building envelope by subsection (I) of By-law 546-2017(OMB), is 73 percent as shown on Diagram 4;
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| (D) | The maximum gross floor area is 12,400 square metres;
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| (E) | A minimum of 380 square metres of indoor amenity space and 125 square metres of outdoor amenity space must be provided and maintained on the lot;
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| (F) | The entire building or structure must be located within the areas delineated by heavy lines shown on Diagram 5 of By-law 546-2017(OMB);
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| (G) | The height of a building or structure is measured from the Canadian Geodetic Datum elevation of 182.80 metres;
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| (H) | A building or structure must not exceed the height in metres specified by the numbers following the symbol HT on Diagram 5 of By-law 546-2017(OMB);
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| (I) | Despite subsections (F) and (H) of By-law 546-2017(OMB), the following building elements and structures are permitted to project horizontally beyond the heavy lines and building envelopes other than a lot line, specified in Diagram 5 of By-law 546-2017(OMB):
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| (i) | guardrails, railings, stair enclosures, stairways, wheelchair ramps, porches, patios, privacy screens, lighting fixtures, underground garage ramps, bicycle parking infrastructure, landscape elements and public art which may project without limitation beyond the heavy lines and building envelopes specified on Diagram 5;
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| (ii) | balconies, belt courses, cornices, eaves, gutters, pilasters, sills, awnings, bay windows, and trellises which may project a maximum of 1.8 metres beyond the heavy lines and building envelopes specified on Diagram 5; and
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| (iii) | canopies which may project a maximum of 2.0 metres beyond the heavy lines and building envelopes specified on Diagram 5;
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| (J) | The maximum number of dwelling units is 153;
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| (K) | A minimum of 178 parking spaces must be provided and maintained of which 31 parking spaces must be for visitors;
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| (L) | Despite subsection 200.5.1.10(2)(A) a maximum of 3 parking spaces may have a minimum width of 2.6 metres despite being obstructed on one side;
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| (M) | Despite subsection 200.5.1.10(2)(C) a parking space which is adjacent and parallel to a drive aisle may have a minimum width of 2.6 metres despite being obstructed on one side, provided the parking space has a minimum length of 7.0 metres; and
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| (N) | A minimum of 105 bicycle parking spaces must be provided and maintained of which 11 parking spaces must be for visitors.
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|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 546-2017 OMB ] |
| (95) | Exception CR 95 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
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| (A) | A minimum 1.5 metre wide soft landscape strip of land must be maintained along the entire length of the part of the lot line that abuts a lot in the Residential Zone category or residential apartment zone; and
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| (B) | Despite regulations 40.10.40.70 (2)(D), and 40.10.40.70 (3)(D), a building or structure cannot penetrate a 45-degree angular plane measured from the side lot line or rear lot line abutting a lot in the Residential Zone category.
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|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (96) | Exception CR 96 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
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| (A) | On 700 Bay Street and 77 Gerrard Street West, if the requirements of Section 8 and Schedule A of By-law 549-2017(OMB) are complied with, none of the provisions of 4.5.40.10(1), 40.5.40.10(5)(A), 40.5.40.10(5)(B), 40.5.40.10(6), 40.5.40.10(7), 40.5.40.60(1), 40.10.40.10(1), 40.10.40.50(1), 40.10.40.50(2), 40.10.40.60(1), 40.10.40.60(2), 40.10.40.60(5), 40.10.40.70, 40.10.90.1, 40.10.90.40(3), 40.10.100.10(1), 200.5.1(3), 200.5.1.10(2), 200.5.1.10(12), Table 200.5.10.1, 200.15.1(1), 200.15.10, 220.5.1.10(8), 220.5.10.1, 220.5.20.1, 230.5.1.10(7), 230.5.1.10(9), Table 230.5.10.1(1), 230.5.10.1(2), 230.5.10.1(5), 230.40.1.20, 600.10.10, 995.10.1 and 995.20.1 apply to prevent the erection or use of a building, structure, addition or enlargement permitted by regulations (B) to (Q) below;
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| (B) | The lot is comprised of those lands outlined by heavy lines on Diagram 1 of By-law 549-2017(OMB);
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| (C) | No portion of any building or structure to be erected or used on the lot may extend beyond the heavy line lines delineated on Diagram 2 of By-law 549-2017(OMB);
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| (D) | No portion of any building or structure to be erected or used on the lot may extend beyond the heavy line lines delineated on Diagram 2 of By-law 549-2017(OMB);
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| (E) | The height of any building or structure on the lot must not exceed the maximum height permitted as indicated by the letter H as shown on Diagram 2 of By-law 549-2017(OMB), measured from the Canadian Geodetic Datum elevation of 97.08 metres;
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| (F) | Despite subsection (E), and notwithstanding any provisions of By-law 569-2013, mechanical equipment such as, but not limited to, heating or cooling towers/heating or cooling tower stacks, stair enclosure, service corridors, window washing equipment, chimney stacks, makeup air units, emergency generator, garbage chute or elevator overruns, parapets, lightning rods, exhaust stacks or a fence, wall or structure enclosing such elements, lighting fixtures, ornamental elements, trellises, landscape elements and elements of a green roof, partitions dividing outdoor recreation areas, wind mitigation features and walls or structures enclosing mechanical equipment may extend above the heights indicated on Diagram 2 of By-law 549-2017(OMB);
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| (G) | Despite any of the provisions of By-law 569-2013, for the purposes of the building on the lot, the gross floor area for non-residential uses is calculated in accordance with the definition of non-residential gross floor area in By-law 438-86 of the former City of Toronto and the maximum amount permitted is as prescribed in By-law 548-2017(OMB);
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| (H) | Despite any of the provisions of By-law 569-2013, for the purposes of the building on the lot, the gross floor area for residential uses shall be calculated in accordance with the definition of residential gross floor area in By-law 438-86 of the former City of Toronto and the maximum amount permitted shall be as prescribed in By-law 548-2017(OMB);
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| (I) | Parking spaces must be provided on the lot in accordance with the following:
|
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| (i) | 190 parking spaces for residents of the building;
|
| (ii) | No exclusive parking spaces are required for visitors of the dwelling units;
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| (iii) | 68 parking spaces for public parking must be provided and maintained, and despite the definition of gross floor area, the floor area of the public parking facility and uses ancillary to public parking are excluded from the calculation of gross floor area; and
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| (iv) | Drive aisles must have a minimum width of 5.39 metres except where a drive aisle is designated to operate one-way and does not provide direct access to an adjacent parking space it may have a minimum width of 3.35 metres;
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| (v) | Parking spaces may have a minimum length of 5.5 metres and a minimum width of 2.6 metres;
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| (vi) | A maximum of 3 of the car-share parking spaces may be used to reduce the minimum resident parking space requirement by four (4) parking spaces for each car-share parking space; and
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| (vii) | Parking spaces and drive aisles existing as of the date of enactment of this bylaw are deemed to comply with the minimum size requirements of By-law 569-2013;
|
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| (J) | 40.10.20.100(7) and 40.10.20.100(10) does not apply to the public parking;
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| (K) | Bicycle parking spaces must be provided and maintained in accordance with the following minimum requirements:
|
|
| (i) | 300 long-term bicycle parking spaces must be provided for the dwelling units;
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| (ii) | 20 short-term bicycle parking spaces must be provided for visitors of the dwelling units;
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| (iii) | 30 bicycle parking spaces must be provided for the non-residential use; and
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| (iv) | Bicycle parking spaces may be provided in horizontal, stacked or vertical positions;
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|
| (L) | Amenity space must be provided in accordance with the following:
|
|
| (i) | A minimum of 1,136 square metres of indoor residential amenity space must be provided in a multi-purpose room or rooms at least one of which contains a kitchen and a washroom; and
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| (ii) | A minimum of 405 square metres of outdoor residential amenity space must be provided;
|
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| (M) | 22 three-bedroom dwelling units must be secured as replacement rental dwelling units on the lot, where the "replacement rental dwellings" means units to be secured pursuant to Schedule A to By-law 549-2017(OMB), of at least 89.0 metres squared, and all of which must have bedrooms with an exterior window;
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| (N) | None of the provisions of this By-law or By-law 569-2013 apply to prevent a temporary sales office on the lot;
|
| (O) | One Type "G" loading space and one Type "B" loading space must be provided;
|
| (P) | For the purposes of this By-law, all bolded words and expressions have the same meanings as defined in By-law 569-2013, as amended, with the exception of the following:
|
|
| (i) | "temporary sales office" means a building, structure, facility or trailer on the lot used for the purpose of the sale or lease of dwelling units or non-residential use to be erected on the lot; and
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| (ii) | "car-share parking space" means a parking space exclusively reserved and signed for a car used only for car-share purposes and such car-share is for the use of at least the occupants of the building; and
|
|
| (Q) | Except as otherwise provided herein, the provisions of By-law 569-2013, as amended, continue to apply to the lot;
|
|
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 549-2017 OMB ] |
| (97) | Exception CR 97 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | If Section 6 and Schedule 'A' of By-law 853-2017(OMB) are complied with, none of the provisions of regulations, 40.5.40.40 (1), (2), (3) and (4), 40.10.40.10, 40.10.40.50(1), 40.10.40.50(2), 40.10.40.60, 40.10.40.70, 40.10.90.40(3), will apply to prevent the erection or use of a building or structure in compliance with regulations (B) to (S) below;
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| (B) | The lot is the lands outlined by heavy lines on Diagram 1 of By-law 853-2017(OMB);
|
| (C) | The gross floor area of the building must not exceed 36,690 square metres of which a minimum of 600 square meters and a maximum of 690 square metres is for commercial uses;
|
| (D) | Height is measured from Canadian Geodetic Datum elevation 101.9 metres;
|
| (E) | Despite 40.5.40.10, the height of a building or structure must not exceed the maximum height in metres as indicated by the numbers following the letter H on Diagram 3 of By-law 853-2017(OMB);
|
| (F) | Despite (E) above, the following elements of a building may exceed the maximum height permitted in (E) by 6.0 metres:
|
|
| (i) | Structures used for outside or open air recreation, maintenance, safety, or wind protection purposes, elements of a green roof, railings, parapets, window washing equipment, ornamental or architectural features, electrical and mechanical equipment and rooms, stair enclosures, elevator overruns, chimney stacks, vents and air intakes, communications equipment, lightning rods, trellises;
|
|
| (G) | Despite 5.10.40.70(1) and (2, there is no setback requirements for the building, and portions of the building must be stepped back as shown on Diagram 3 of By-law 853-2017(OMB);
|
| (H) | A minimum of 1,074 square metres of indoor amenity space and a minimum of 1,074 square metres of outdoor amenity space must be provided;
|
| (I) | A maximum of 575 dwelling units is permitted;
|
| (J) | Despite 200.5.10.1 (1) and (5) and 200.15.20, a minimum of 82 parking spaces must be provided for the residents of the dwelling units of which 3 parking spaces may be used as car-share parking spaces and a minimum of 4 parking spaces must be accessible parking spaces;
|
| (K) | Despite 200.5.10.1 (1) and (5), 18 parking spaces must be provided for gross floor area used for uses other than dwelling units or for visitor parking spaces;
|
| (L) | The parking spaces required to be provided under subsection (K) above may be provided within a public parking facility;
|
| (M) | Despite 200.15.1(1), accessible parking spaces must have the following minimum dimensions:
|
|
| (i) | length of 5.6 metres;
|
| (ii) | width of 3.9 metres; and
|
| (iii) | vertical clearance of 2.1 metres;
|
|
| (N) | Despite 200.5.1.10(2), up to 8 parking spaces which are obstructed on one side only need not comply with 200.5.1.10(2)(A)(iv) or (B)(iv);
|
| (O) | Despite 220.5.10.1, a minimum of one Type C loading space and one type G loading space must be provided and maintained on the lot;
|
| (P) | Despite 230.5.1.10 (4):
|
|
| (i) | a bicycle parking space may have a minimum width of 0.5 metres;
|
| (ii) | if bicycle parking spaces are in a bicycle rack or are stacked bicycle spaces and are located in a secured room or area, in bicycle lockers or on a rack/hook on a wall associated with a parking space on any parking level so long as such rack/hook does not encroach into a parking space the minimum bicycle parking space dimensions do not apply; and
|
| (iii) | bicycle parking spaces may be located outdoors or indoors including within a secured room or enclosure;
|
|
| (Q) | A minimum of 487 long term bicycle parking spaces and a minimum of 54 short term bicycle parking spaces must be provided on the lot for residential uses and a minimum of 9 short-term bicycle parking spaces and 6 long term bicycle parking spaces must be provided on the lot for non-residential uses;
|
| (R) | Despite any existing or future severance, partition, or division of the lot, the provisions of this by-law must apply to the whole of the lot as if no severance, partition or division occurred; and
|
| (S) | The lands subject to this exception need not comply with the requirements of section 600.10.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 853-2017 (OMB) ] |
| (98) | Exception CR 98 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(14) of North York zoning by-law 7625.
|
|
| (99) | Exception CR 99 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing Bylaws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | A maximum of 67 dwelling units is permitted.
|
| (B) | Despite regulations 40.10.40.10(3), the maximum height of a building or structure is 3 storeys and 11.3 metres.
|
| (C) | Despite regulations 40.10.30.40(1), the permitted maximum lot coverage is 48% of the lot area.
|
| (D) | Despite regulations 40.10.40.40(1), the permitted maximum gross floor area is 8,556 square metres.
|
| (E) | Despite regulations 40.10.40.70(3)(A), (B), (C) and 40.10.40.70 (4), the minimum building setbacks are as shown on Diagram 3 of By-law No. 1013-2014.
|
| (F) | Despite regulations 40.10.40.80(2), the minimum separation distance between buildings is as shown on Diagram 3 of By-law No. 1013-2014.
|
| (G) | A minimum of 300 square metres of outdoor amenity space is to be provided.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1013-2014 ] |
| (100) | Exception CR 100 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | Vehicle fuel station is permitted if the requirements of Regulation 40.10.20 are complied with.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (101) | Exception CR 101 |
| The lands, or portion thereof as noted below, are subject to the following Site Specific Provisions. Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | Despite Regulation 40.5.40.10(1), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 109.1 metres;
|
| (B) | Despite Regulation 40.10.40.10(2), the maximum height of a building or structure is 27.0 metres with no portion of a building or structure to be located outside the heavy lines on Diagram 3 of By-law 97-2017, or exceed the height denoted on Diagram 3 of By-law 97-2017;
|
| (C) | Despite Regulation 40.10.40.70(2)(B):
|
|
| (i) | the minimum building setback from the rear lot line for an enclosed access ramp to an underground parking garage is 1.5 metres; and
|
| (ii) | the minimum building setback from the rear lot line for an enclosed loading space is 1.5 metres; and
|
|
| (D) | Despite Regulation 40.10.40.70(2)(E):
|
|
| (i) | a balcony may encroach horizontally into the south facing angular plane to a maximum distance of:
|
|
| (a) | 2.3 metres for the 6th storey;
|
| (b) | 2.7 metres for the 7th storey; and
|
| (c) | 2.4 metres for the 8th storey; and
|
|
| (ii) | a main wall may encroach horizontally into the south facing angular plane to a maximum distance of:
|
|
| (a) | 2.7 metres for the 6th storey;
|
| (b) | 2.4 metres for the 7th storey;
|
| (c) | 2.4 metres for the 8th storey; and
|
| (d) | 2.4 metres for the enclosed mechanical and amenity space; and
|
|
| (iii) | a main wall may encroach horizontally into the east facing angular plane to a maximum distance of 1.0 metres for the 7th storey and 8th storey terrace to a maximum of 1.0 metres; and
|
|
| (E) | Despite Regulation 40.10.90.10(1), a loading space may be located in a rear yard that abuts a lot in the Residential zone category;
|
| (F) | Despite Regulation 40.10.90.40(2), vehicle access to the loading space may be over a lot in a Residential Zone category;
|
| (G) | Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, is measured between the floor of the first storey and the ceiling of the first storey, is 4.5 metres for a minimum of the front 10 metres measured from the front main wall of the mixed used building only;
|
| (H) | Despite Regulation 40.10.50.10 (3), access to a loading space is permitted across the required landscape strip;
|
| (I) | Despite Regulation 220.5.10.1 (3), a requirement for a Type "B" loading space is addressed and satisfied by the provision of a Type "G" loading space for residential uses;
|
| (J) | Despite Regulation 40.10.40.50 (1), a minimum of 108 square metres of indoor amenity space and 115 square metres of outdoor amenity space must be provided; and
|
| (K) | Despite Section 900.11.10 (1978), an eating establishment, or take-out eating establishment shall be permitted up to a maximum of 200 square metres of non-residential floor area.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12 (2) 257 of former City of Toronto By-law 438-86;
|
| (B) | Section 12 (2) 270 (a) of former City of Toronto By-law 438-86;
|
| (C) | Section 12 (2) 294 of former City of Toronto By-law 438-86. [ By-law: 97-2017 ]
|
|
| (102) | Exception CR 102 |
| The lands or portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 826-834 Yonge Street and 2-8 Cumberland Street, if the requirements of Section 4 and Schedule A of By-law 505-2018 are complied with, none of the provisions of Sections 40.10.40.40(1), 40.10.40.50(1) and (2), 200.5.1.10(2), 200.15.1.5, 230.5.1.10(9) and 600.10 apply to prevent the erection or use of a building, structure, addition or enlargement if it is in compliance with regulations (B) to (K) below;
|
| (B) | Despite regulation 5.10.40.70(1) and 600.10.10, a building or structure must be located entirely within the area delineated by heavy lines shown on Diagram 3 of By-law 505-2018;
|
| (C) | Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 116.00 metres in the year 2017;
|
| (D) | Despite regulations 40.5.40.10(3)-(7) and 40.10.40.10(1) and (5), no portion of any building may exceed the height in metres specified by the numbers following the symbol H on Diagram 3 of By-law 505-2018, with the exception of the following:
|
|
| (i) | mechanical equipment and any associated enclosure structures, parapets, guard rails, railings and dividers, pergolas, trellises, eaves, screens, stairs, roof drainage, window washing equipment, lightning rods, architectural features, ventilation shafts, public art, landscaping and elements of a green roof are permitted to extend a maximum of 3.0 metres above the applicable heights shown on Diagram 3 of By-law 505-2018; and
|
| (ii) | an architectural feature located along the western edge of the roof level (163.0-metre height limit) may extend a maximum of 8.5 metres above the heights shown on Diagram 3 of By-law 505-2018;
|
|
| (E) | Despite clause 40.10.40.60 and regulation 40.10.40.70(1), no portion of any building or structure above-grade may extend beyond the areas delineated by heavy lines on Diagram 3 of By-law 505-2018, with the exception of:
|
|
| (i) | balconies located west of the dashed line shown on the attached Diagram 3, which are on the north and south façades of the building above the sixth storey of the building above-grade may encroach a maximum of 1.0 metres into the required minimum building setback; and
|
| (ii) | cornices, landscape features at grade level, architectural features fronting the laneway at grade level, ventilation shafts forming part of a landscape feature or at a height of at least 5.0 metres above-grade, light fixtures guardrails, balustrades, railings, doors, wheelchair ramps, awnings and canopies, all of which may extend beyond the dashed line shown on the attached Diagram 3;
|
|
| (F) | The maximum permitted gross floor area of all buildings and structures on the lands as shown on Diagram 3 of By-law 505-2018, must not exceed 29,500 square metres, of which:
|
|
| (i) | residential uses must not exceed 28,250 square metres; and
|
| (ii) | non-residential uses must not exceed 1,250 square metres;
|
|
| (G) | Amenity space must be provided and maintained at a minimum rate of 3.0 square metres for each dwelling unit, of which:
|
|
| (i) | indoor amenity space must be provided at a minimum rate of 2.0 square metres for each dwelling unit; and
|
| (ii) | at least 40 square metres is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space;
|
|
| (H) | Despite clauses 200.5.10.1 and 200.15.10(1), the minimum number of required parking spaces is:
|
|
| (i) | 0.28 parking spaces for each dwelling unit;
|
| (ii) | no visitor parking spaces are required;
|
| (iii) | no parking spaces are required for non-residential uses; and
|
| (iv) | 4 accessible parking spaces are required;
|
|
| (I) | Despite clause 200.5.1.10:
|
|
| (i) | a maximum of 30 parking spaces may have the following minimum dimensions: length of 5.0 metres, width of 2.4 metres, and height of 2.0 metres; and
|
| (ii) | a maximum of 4 parking spaces may have the following minimum dimensions: length of 5.2 metres, width of 2.6 metres, and height of 2.0 metres;
|
|
| (J) | Despite clause 220.5.10.1, a minimum of one Type G loading space is required;
|
| (K) | Despite clause 230.5.1.10, a minimum of 379 bicycle parking spaces are required, of which:
|
|
| (i) | a minimum of 38 must be for short-term bicycle parking spaces; and
|
| (ii) | a minimum of 334 must be for long-term bicycle parking spaces.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 505-2018 ] |
| (103) | Exception CR 103 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 48-58 Scollard Street and 1315-1325 Bay Street, if the requirements of Section 5 and Schedule A of By-law 741-2017 are complied with, none of the provisions of Sections 40.5.1.10(3) and (4), 40.10.20.100(21), 40.10.40.1(1) and (2), 40.10.40.40(1), 40.10.40.40(2), 40.10.100.10(1), 150.100, 200.5.1.10.(12)(C) and 600.10 apply to prevent the erection or use of a building, structure, addition or enlargement if it is in compliance with regulations (B) to (N) below;
|
| (B) | Despite regulation 5.10.40.70(1) and 600.10.10, a building or structure must be located entirely within the area delineated by heavy lines shown on Diagram 3 of By-law 741-2017;
|
| (C) | Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 116.75 metres in the year 2017;
|
| (D) | Despite regulations 40.5.40.10(3)-(6) and 40.10.40.10(1) and (5), no portion of any building may exceed the height in metres specified by the numbers following the symbol H on Diagram 3 of By-law 741-2017, with the exception of the following:
|
|
| (i) | lighting fixtures, terraces, patios, cabanas, planters, balustrades, bollards, fences, trellises, roofing assembly, landscape features, art installations, garbage chutes, roofs, window washing equipment, parapets, privacy screens, safety railings, guardrails, chimneys, vents, flues, stacks and exhaust stacks, and ornamental or architectural features may extend a maximum of 2.0 metres above the heights shown on Diagram 3 of By-law 741-2017;
|
| (ii) | Lightning rods;
|
| (iii) | building elements or structures used for green roof technology or alternative roofing system may extend a maximum of 0.6 metres above the heights shown on Diagram 3 of By-law 741-2017; and
|
| (iv) | mechanical equipment such as, but not limited to, elevator and associated overrun, heating or cooling towers/heating or cooling tower stacks, air units, emergency generator, lighting fixtures, ornamental elements, trellises, wind mitigation features and walls, penthouse or structures enclosing mechanical equipment may extend a maximum of 7.0 metres above the heights shown on Diagram 3 of By-law 741-2017;
|
|
| (E) | Despite clause 40.10.40.60 and regulation 40.10.40.70(1), no portion of any building or structure above-grade may extend beyond the areas delineated by heavy lines on Diagram 3 of By-law 741-2017, with the exception of:
|
|
| (i) | Window washing equipment, privacy screens, chimneys, vents, flues, stacks and exhaust stacks, art installations, lighting fixtures, cornices, sills, eaves, canopies, stairs, covered stairs or stair enclosures, awnings, underground garage ramps and ancillary structures, retaining walls, wheelchair ramps, ornamental or architectural features, and structures and elements related to outdoor patios may extend a maximum of 1.0 metres beyond the heavy lines shown on Diagram 3 of By-law 741-2017;
|
|
| (F) | The maximum permitted gross floor area of all buildings and structures on the lands as shown on Diagram 3 of By-law 741-2017, must not exceed 21,750 square metres, of which:
|
|
| (i) | residential uses must not exceed 20,000 square metres; and
|
| (ii) | non-residential uses must not exceed 1,750 square metres;
|
|
| (G) | Despite regulation 40.10.20.100(17), the maximum permitted interior floor area of all retail services must not exceed 550 square metres;
|
| (H) | Despite clause 40.10.40.50(1) and (40.10.40.50(2) amenity space shall be provided in accordance with the following minimum amounts:
|
|
| (i) | At least 2.0 square metres for each dwelling unit is indoor amenity space;
|
| (ii) | A least 1.0 square metres for each dwelling unit is outdoor amenity space, provided:
|
|
| (a) | An outdoor Privately Owned Publicly-Accessible Space (POPS) of at least 523 square metres is provided on the lot; and
|
| (b) | A publicly accessible outdoor area of at least 461 square metres be provided on the lot;
|
|
|
| (I) | A maximum of 7 parking spaces are not required to comply with the minimum parking space dimensions in regulation 200.5.1.10(2), of which:
|
|
| (i) | A maximum of 5 parking spaces may have a minimum length of 5.4 metres and minimum width of 2.5 metres; and
|
| (ii) | a maximum of 2 parking spaces may have a minimum width of 2.6 metres if accessed by a one-way or two-way drive aisle having a width of less than 6.0 metres;
|
|
| (J) | Despite regulations 200.5.1.10(2)(b) and 200.5.10.1(7), the number of residential parking spaces provided may be greater than the maximum permitted in By-law 569-2013;
|
| (K) | Despite Section 200.5.1(3), a 47 metre portion of the drive aisle on levels B1, B2, B3 and B4 will be 5.5 metres in width;
|
| (L) | Despite regulation 40.10.90.40(3) and clause 220.5.10.1:
|
|
| (i) | a minimum of one Type G loading space is required; and
|
| (ii) | no loading space is required for non-residential uses;
|
|
| (M) | Despite clause 230.5.1.10(4):
|
|
| (i) | horizontal bicycle parking spaces may have the following minimum dimensions: length of 1.8 metres, width of 0.4 metres and height of 1.9 metres;
|
| (ii) | horizontal bicycle parking spaces that are provided in a bicycle stacker may have the following minimum dimensions: length of 1.8 metres, width of 0.4 metres and height of 1.1 metres; and
|
| (iii) | vertical bicycle parking spaces may have the following minimum dimensions: length of 1.0 metres, width of 0.4 metres and height of 1.9 metres.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 741-2017 Enacted ] |
| (104) | Exception CR 104 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections. [By-law: 564-2019]
|
|
Site Specific Provisions: |
|
| (A) | On 2 Gibbs Road, if the requirements of Section 5 and Schedule A of By-law 320-2017 are met, none of the provisions of 30.5.40.10(4), 40.10.40.1(1), 40.10.40.1(3), 40.10.40.10(3), 40.10.40.60.1(B), 40.10.40.60(9), 40.10.40.70.3(D), 40.10.40.80.2(A), 40.10.50.10 (2), 40.10.90.10(1), 40.10.100.10.1 (C), Table 200.5.10.1, 220.5.10.1(1) through (5) apply to prevent the erection or use of a building or structure, addition or enlargement if in compliance with (B) to (S) below;
|
| (B) | The height of a building or structure is measured as the vertical distance between Canadian Geodetic Datum elevation of 134.2 metres, and the highest point of the building or structure;
|
| (C) | Despite (B) above, No portion of any building or structure, excluding parapets, guard rails, railings and dividers, roof top stair enclosures, trellises, eaves, screens, stairs, roof drainage, window washing equipment, lightning rods, architectural features, mechanical penthouse, elevated pedestrian bridge, landscaping and elements of a green roof is to have a height greater than the height in metres specified by the number following the HT symbol as shown on Diagram 3 of By-law 320-2017;
|
| (D) | Any equipment or structures used for the functional operation of the building, including mechanical penthouse, is permitted to exceed the heights permitted in (C) by 7.0 metres;
|
| (E) | The maximum permitted gross floor area of all buildings and structures is 105,600 square metres;
|
|
| (i) | the gross floor area of buildings or structures occupied by residential uses must not exceed 100,000 square metres, excluding the area occupied by unenclosed balconies and enclosed pedestrian walkways; and
|
| (ii) | the gross floor area of buildings and structures occupied by non-residential uses must not exceed 7,500 square metres;
|
|
| (F) | A minimum of 10 percent of the total dwelling units on site must be three bedroom dwelling units;
|
| (G) | Any storey of a building above a height of 30 metres must not have a gross floor area exceeding 750 square metres;
|
| (H) | The portions of a building or structure above ground must be located within the areas delineated by heavy lines on Diagram 3 of By-law 320-2017, except that:
|
|
| (i) | cornices, light fixtures, ornamental elements, parapets, art and landscaping features, patios, decks, pillars, trellises, balconies, terraces, eaves, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stairs, roof top stair enclosures, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, elevated pedestrian bridge, awnings and canopies, and underground garage ramps and associated structures may extend beyond the heavy lines shown on Diagram 3 of By-law 320-2017, provided that in no case will building elements extend closer than 14 metres to the Highway 427 right-of-way;
|
|
| (I) | Any portion of a building above a height of 30 metres must be separated by a minimum distance of 25 metres from all other portions of buildings which are above a height of 30 metres;
|
| (J) | A building or structure must be set back at least 5.5 metres from a lot line abutting Gibbs Road;
|
| (K) | Any buildings subject to a Stepback Area, as indicated on Diagram 4 of By-law 320-2017, require a stepback be provided as follows:
|
|
| (i) | In Stepback Area 1, at a height of 10 metres, the main wall of a building must be set back at a minimum distance of 1.5 metres from the exterior face of the main wall below; [By-law 121-2018]
|
| (i) | in Stepback Area 1, at a height of 10 metres, the main wall of a building must be set back at a minimum distance of 1.5 metres from the exterior face of the main wall below; [ By-law: 121-2018 ]
|
| (ii) | In Stepback Area 2, at a height of 10 metres, the main wall of a building must be set back at a minimum distance of 2 metres from the exterior face of the main wall below; [By-law 121-2018]
|
| (ii) | in Stepback Area 2, at a height of 10 metres, the main wall of a building must be set back at a minimum distance of 2 metres from the exterior face of the main wall below; [ By-law: 121-2018 ]
|
| (iii) | In Stepback Area 3, at a height of 10 metres, the main wall of a building must be set back at a minimum distance of 3 metres from the exterior face of the main wall below; and [By-law 121-2018]
|
| (iii) | in Stepback Area 3, at a height of 10 metres, the main wall of a building must be set back at a minimum distance of 3 metres from the exterior face of the main wall below; and [ By-law: 121-2018 ]
|
| (iv) | In Stepback Area 4, at a height of 26 metres, the main wall of a building must be set back at a minimum distance of 2 metres from the exterior face of the main wall below; [By-law 121-2018]
|
| (iv) | in Stepback Area 4, the portion of a building above 26 metres must be set back at a minimum distance of 2 metres from the exterior face of the main wall below. [ By-law: 121-2018 ]
|
|
| (L) | No portion of a building, excluding those features listed in (C) above, may penetrate a 45-degree angular plane projected over the lot from the eastern side lot line, commencing at an elevation of 48 metres above Canadian Geodetic Datum elevation of 134.2 metres as calculated using the method identified in Diagram 5 of By-law 320-2017;
|
| (M) | A Temporary Sales Office is permitted for a period of 5 years from the date of the enactment of By-law 320-2017;
|
| (N) | Parking spaces must be provided and maintained at the following rates:
|
|
| (i) | 0.8 parking spaces for each bachelor dwelling unit;
|
| (ii) | 0.9 parking spaces for each one-bedroom dwelling unit;
|
| (iii) | 1.0 parking spaces for each two-bedroom dwelling unit;
|
| (iv) | 1.2 parking spaces for each three-bedroom dwelling unit; and
|
| (v) | 0.15 pa rking spaces for each dwelling unit for the purpose of visitor parking;
|
|
| (O) | Parking spaces for the purpose of residential visitor parking may also be provided for non-residential uses on a shared basis, provided that the number of shared parking spaces meets the combined minimum parking requirement of non-residential use and residential visitors. [By-law 121-2018]
|
| (P) | For parking spaces adjacent to interior building walls, the minimum width must be 2.9 metres, the minimum length must be 5.6 metres, and the minimum vertical clearance must be 2.0 metres;
|
| (Q) | For parking spaces not adjacent to interior building walls, the minimum width must be 2.6 metres, the minimum length must be 5.6 metres and minimum vertical clearance must be 2.0 metres;
|
| (R) | A minimum of seven loading spaces must be provided as follows:
|
|
| (i) | A minimum of 3 Type G loading spaces;
|
| (ii) | A minimum of 2 Type B loading spaces; and
|
| (iii) | A minimum of 2 Type C loading spaces;
|
|
| (S) | The lands identified with the "(H)" and delineated by heavy lines on Diagram 2 of By-law 320-2017 are restricted in use as specified by section 4 of By-law 320-2017.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 320-2017 ] |
| (105) | Exception CR 105 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(92) of North York zoning by-law 7625.
|
|
| (106) | Exception CR 106 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 1327 to 1339 Queen Street East, clause 5.10.40.70(1) and (2), 40.5.40.70, 40.10.40.10(2) and (5), 40.10.40.50(1), 40.10.40.60(1)(C), 40.10.40.60(2)(B)(i), 40.10.40.60(5), 40.10.40.60(9), 40.10.40.70(2), 40.10.50.10(3), 200.5.10.1, 200.5.1.10(2)(B)(i) and (ii), 200.15.1.5(1), 230.5.1.10(5)(A), 230.5.1.10(9)(B)(iii) and 995.20.1(1) do not apply to prevent the erection or use of a building, structure, addition or enlargement if it complies with regulations (B) to (M) below;
|
| (B) | No portion of any building or structure above grade may exceed the height in metres specified by the numbers following the symbol "H" on Diagram 3 and 4 of By-law 864-2019(OMB);
|
| (C) | Despite clause 40.5.40.10, elements of the building listed in Table 1 of By-law 864-2019(OMB) may exceed the permitted maximum building height as shown of Diagram 3 and 4 of By-law 864-2019(OMB) as shown of Table 1 of By-law 864-2019(OMB);
|
| (D) | No portion of any building or structure above grade may be located otherwise than wholly within the areas delineated by the heavy lines on Diagrams 3 and 4 of By-law 864-2019(OMB);
|
| (E) | Despite clause 40.10.40.60 elements of the building listed in Table 1 of By-law 864-2019(OMB) may encroach into a required building setback as shown of Table 1 of By-law 864-2019(OMB);
|
| (F) | Despite 40.10.40.40(1), the total gross floor area of all buildings and structures on the lands as shown on Diagram 1 of By-law 864-2019(OMB), must not exceed 9,600 square metres, of which:
|
|
| (i) | residential uses must not exceed 8,990 square metres; and
|
| (ii) | non-residential uses must not exceed 610 square metres;
|
|
| (G) | Despite 40.10.40.50 (1) and (2), amenity space must be provided as follows:
|
|
| (i) | a minimum of 111 square metres of indoor amenity space; and
|
| (ii) | a minimum of 200 square metres of outdoor amenity space;
|
|
| (H) | Despite 200.5.10.1, parking spaces are to be provided and maintained on the site in accordance with the following ratios:
|
|
| (i) | a minimum of 0.5 parking spaces for each bachelor or 1-bedroom dwelling unit;
|
| (ii) | a minimum of 0.75 parking spaces for each dwelling unit containing 2 bedrooms or more;
|
| (iii) | a minimum of 0.06 visitor parking spaces for each dwelling unit;
|
| (iv) | no parking spaces are required for non-residential uses;
|
|
| (I) | Despite Regulations 200.5.1(3)(a) and 200.5.1.10(2)(B)(ii), up to seven of the required parking spaces may have a minimum dimension of 2.6 metres in width and 5.2 metres in length;
|
| (J) | Despite 220.5.10.1, a minimum of 1 Type "G" loading space must be provided and maintained on the lot;
|
| (K) | Despite 230.5 (4) (A) the minimum width of a bicycle parking space is 0.38 metres for a vertical bicycle parking space and 0.4 metres for a horizontal bicycle parking space;
|
| (L) | Despite 230.5 (4) (B) and (C) if bicycle parking spaces are provided in a stacked bicycle parking space then the minimum vertical dimensions of a stacked bicycle parking space must be at least 1.2 metres and the minimum horizontal dimensions must be at least 0.38 metres in width and 1.8 metres in length;
|
| (M) | For the purpose of regulation 40.5.40.10(1) and (2), height is measured from the Canadian Geodetic Datum elevation of 78.70 metres.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 864-2019(OMB) ] |
| (107) | Exception CR 107 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 60 Shuter Street and 187 and 189 Church Street, if the requirements of By-law 789-2017, Section 4 and Schedule A are complied with, none of the provisions of 5.10.40.70(2), 40.5.40.10, 40.10.40.1 (1) and (2), 40.10.40.10(1) and (5), 40.10.40.40(1),40.10.40.60, 40.10.40.70, 40.10.40.80, 40.10.90.40(3), 200.5.1.10(12)(C), Table 200.5.10.1, 200.15.1.5(1), 200.15.1, 200.15.10(1)(C), 220.5.10.1, 230.5.1.10(9), 230.40.1.20(2) and 600.10.10(1)(A) and 900.11.10 (2166) apply to prevent the erection or use of a building, structure, addition or enlargement permitted in By-law 789-2017;
|
|
| (ii) | 750 square metres for storeys 11-23; and
|
| (iii) | 835 square metres for storeys 24-29;
|
|
| (B) | The total gross floor area of all buildings and structures must not exceed 23,850 square metres and:
|
|
| (i) | The total gross floor area for residential uses must not exceed 23,250 square metres; and
|
| (ii) | The total gross floor area for non-residential uses must not exceed 2,000 square metres, exclusive of a portion of the below grade parking garage;
|
|
| (C) | The height of any building or structure erected on the lot must not exceed the maximum height in metres as indicated by the numbers following the letter H as shown on Diagram 3 of By-law 789-2017;
|
| (D) | Despite (D) the height of any building or structure, for those portions of the building below a height of 85 metres, must not exceed the height in metres as shown following the symbol H on Diagram 3 of By-law 789-2017, with the exception of the following:
|
|
| (i) | railings, parapets, balconies, cornices, window washing equipment, lighting fixtures, ornamental elements, stair towers, trellises, planters partitions dividing outdoor recreational areas, guard rails, stairs, stair enclosures, wheelchair ramps, vents, fences, screens, architectural features, elements of a green roof, roof assemblies, lightning rods, and exhaust flues, located above the height of each of the roof levels of the building, to a maximum of 3 metres;
|
|
| (D) | Despite Section 4(C), the following may exceed the maximum height in metres permitted as indicated by the numbers following the letter "H" as shown on
Diagram 3 of By-law 789-2017 to a maximum of 3 metres:
|
|
| (i) | railings, parapets, balconies, cornices, window washing equipment, lighting fixtures, ornamental elements, stair towers, trellises, planters
partitions dividing outdoor recreational areas, guard rails, stairs, stair enclosures, wheelchair ramps, vents, fences, screens, architectural
features, elements of a green roof, roof assemblies, lightning rods, and exhaust flues, located above the height of each of the roof levels of the building; and
|
| (ii) | the exceptions in Section 4(C) do not apply to any areas marked as a maximum permitted height of 80 metres or higher as indicated by the
numbers following the letter "H" as shown on Diagram 3 of By-law 789-2017. In those areas no exceptions apply to the heights set out
in Section 4 (C). [ By-law: 1092-2017 Enacted ]
|
|
| (E) | The height of a building or structure is measured from the Canadian Geodetic Datum elevation of 89.7 metres (CGVD2013);
|
| (F) | No portions of a building or structure above grade may encroach into a required building setback indicated by the heavy lines on Diagram 3 of By-law 789-2017, with the exception of:
|
|
| (i) | cornices, light fixtures, ornamental or architectural features, canopies, awnings, parapets, architectural flutes, patios, pillars, trellises, window sills, planters, guardrails, balustrades, retaining walls, vents, railings, stair enclosures, wheelchair ramps, fences, and screens;
|
|
| (G) | No part of the building may be constructed at a height between 7.5 metres and 62 metres below the cantilever (floors 24 to 29), in the grey area shown on Diagram 3 of By-law 789-2017, except for those items listed in 4(F);
|
| (H) | Despite clause 40.10.40.50(1) and 40.10.40.50(2), amenity space must be provided and maintained as follows:
|
|
| (i) | a minimum of 2 square metres of indoor amenity space for each dwelling unit; and
|
| (ii) | a minimum of 0.76 square metres of outdoor amenity space for each dwelling unit;
|
|
| (I) | Parking spaces must be provided and maintained on the lot as follows:
|
|
| (i) | a minimum of 0.21 parking spaces for each dwelling unit for the residential use;
|
| (ii) | a minimum of 0.06 parking spaces for each dwelling unit for visitors;
|
| (iii) | a minimum of 2 parking spaces must be provided for car-share;
|
| (iv) | visitor parking spaces may be provided within a parking garage with or without a fee; and
|
| (v) | no parking spaces are required for the non-residential uses permitted in regulations 40.10.20.10(1)(A) and 40.10.20.20(1)(A);
|
|
| (J) | Despite regulation 200.5.1.10(9), if the number of parking spaces results in a fraction the number is rounded up to the nearest whole number;
|
| (K) | Despite regulation 200.5.1.10(2), a maximum number of 5 parking spaces are permitted to have a minimum vertical clearance of 1.75 metres and a width of 2.6 metres, despite any obstructions;
|
| (L) | Despite regulations 230.5.1.10(4) and (10), 230.5.10, a bicycle parking spaces must be provided and maintained as follows:
|
|
| (i) | a minimum of 0.9 bicycle parking spaces for each dwelling unit;
|
| (ii) | a minimum of 0.1 bicycle parking spaces for each dwelling unit;
|
| (iii) | both long term and short term bicycle parking spaces may be provided in a stacked bicycle parking space; and
|
| (iv) | the minimum width of a stacked bicycle parking space is 0.45 metres;
|
|
| (M) | Despite the definition of storey in Chapter 800, a mezzanine level is part of the ground level storey for the purposes of identifying the maximum number of storeys as specified on Diagram 3 of By-law 789-2017 and for identifying the maximum area of tower floor plates as described in (N) below;
|
| (N) | The maximum area of the tower floor plate as measured from the exterior of the main wall on each storey is as follows:
|
|
| (i) | 1,031 square metres for storeys 6-10;
|
|
| (O) | The vehicle entrance and exit in the main wall of a building must be set back a minimum of 2.05 metres from a lot line abutting a street;
|
| (P) | A minimum of one Type "G" loading space must be provided and maintained on the lands;
|
| (Q) | A temporary sales office is permitted for a maximum of 3 years from the date of enactment of By-law 789-2017; and
|
| (R) | This exception applies to all of the lands collectively regardless of severance, partition or division.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 789-2017 ] |
| (108) | Exception CR 108 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | Vehicle fuel station is permitted if the requirements of Regulation 40.10.20 are complied with.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (109) | Exception CR 109 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 796, 798, 800 and 802 Broadview Avenue, nothing prevents the erection or use of a building, structure, addition or enlargement if it is in compliance with regulations (B) to (Q) below;
|
| (B) | Despite Regulation 40.10.20.20(1), a public parking use is not permitted;
|
| (C) | Despite Regulations 5.10.40.70(1) and (2), 40.10.40.70(2), 40.10.40.1(1) and (6)(A), and 600.10.10, a building or structure must be located entirely within the area delineated by heavy lines on Diagram 3 of By-law 689-2019;
|
| (D) | Despite Regulations 40.5.40.10(3)-(7) and 40.10.40.10.(2), any building or structure erected on the lands must not exceed the height in metres specified by the numbers following the symbol "H" on Diagram 3 of By-law 689-2019, with the exception of the following:
|
|
| (i) | mechanical equipment and any associated enclosure structures, parapets, guard rails, railings and dividers, pergolas, trellises, screens, stairs, window washing equipment, lightning rods, architectural features, elements of a green roof are permitted to extend a maximum of 4.2 metres above the heights shown on Diagram 3 of By-law 689-2019;
|
|
| (E) | In addition to encroachments permitted in Section 40.10.40.60, the following may encroach into a required building setback shown on Diagram 3 of By-law 689-2019 as follows:
|
|
| (i) | awnings, canopies and window washing equipment to a maximum of 3.0 metres;
|
| (ii) | doors, cornices, ornamental elements, parapets, architectural flutes, pillars, pergolas, trellises, eaves, ventilation shafts, guardrails, balustrades, railings, wheel chair ramps, columns, piers, window sills, light fixtures, to a maximum of 1.2 metres; and
|
| (iii) | Balconies are permitted to encroach a maximum of 1.5 metres except that balconies are not permitted on the northernmost or southernmost façade of the building;
|
|
| (F) | Despite Regulation 40.10.40.10.(5), the maximum height of the first storey is 4.5 metres;
|
| (G) | Despite Regulation 40.5.40.10(1) and (2), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 115.83 metres in the year 2017;
|
| (H) | The maximum number of storeys permitted is 6;
|
| (I) | The total gross floor area of all buildings and structures as shown on Diagram 3 of By-law 689-2019, must not exceed 3,800 square metres, and:
|
|
| (i) | residential uses symbolized by the letter 'r', in Regulations 40.10.20.10(1)(B) and 40.10.20.20(1)(B), must not exceed 2,800 square metres; and
|
| (ii) | non-residential uses symbolized by the letter 'c', in Regulations 40.10.20.10(1)(A) and 40.10.20.20(1)(A), must not exceed 400 square metres;
|
|
| (I) | The total gross floor area of all buildings and structures as shown on Diagram 3 of By-law 689-2019, must not exceed 3,650 square metres, and:
|
|
| (i) | residential uses symbolized by the letter 'r', in Regulations 40.10.20.10(1)(B) and 40.10.20.20(1)(B), must not exceed 3,250 square metres; and
|
| (ii) | non-residential uses symbolized by the letter 'c', in Regulations 40.10.20.10(1)(A) and 40.10.20.20(1)(A), must not exceed 400 square metres; [ By-law: 379-2020 Enacted ]
|
|
| (J) | A maximum of 30 dwelling units are permitted, of which 13 must be two or three bedroom dwelling units;
|
| (K) | A minimum of 2 non-residential units are permitted;
|
| (L) | The maximum gross floor area of a non-residential unit shall be 265 square metres;
|
| (M) | Despite Regulations 40.10.40.50(1) and 40.10.50.10(3), residential amenity space must be provided and maintained as follows:
|
|
| (i) | a minimum of 78 square metres as indoor amenity space; and
|
| (ii) | a minimum of 60 square metres as outdoor amenity space, of which at least 40.0 square metres must be provided in a location adjoining or directly accessible from indoor residential amenity space;
|
|
| (N) | Despite Regulation 40.10.40.50(2), no outdoor amenity space is required for non-residential uses on the lands;
|
| (O) | Despite Regulation 40.10.40.1.(1), the residential amenity space can be located at the same level as non-residential uses;
|
| (P) | Despite Regulations 200.5.10.1, 200.15.10(1), and 200.15.1.5(1)(A), parking spaces must be provided and maintained as follows:
|
|
| (i) | 0.5 parking spaces for each one bedroom dwelling unit;
|
| (ii) | 0.75 parking spaces for each two or three bedroom dwelling unit;
|
| (iii) | 0.06 visitor parking spaces for each dwelling unit;
|
| (iv) | 1 parking space for each 100 square metres of non-residential gross floor area; and
|
| (v) | a minimum of 2 accessible parking spaces are required;
|
|
| (Q) | Despite Regulation 40.10.90.40.(3), vehicular access is permitted through a main wall that faces a street;
|
| (R) | Despite Regulations 230.5.10.1(5)(A), and 230.5.10.1(2), A minimum of 32 bicycle parking spaces must be provided and maintained for the mixed use building in accordance with the following:
|
|
| (i) | A minimum of 28 long-term bicycle parking spaces; and
|
| (ii) | A minimum of 4 short-term bicycle parking.
|
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2)270(a) of former City of Toronto By-law 438-86. [ By-law: 689-2019 ]
|
|
| (110) | Exception CR 110 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 29501.
|
|
| (111) | Exception CR 111 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | The minimum set back of any structure or building used for commercial purposes is 3.04 metres from the rear lot line.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (113) | Exception CR 113 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 1177 Danforth Avenue, if the requirements of By-law 820-2017 are complied with, none of the regulations of Clause and Regulations 40.5.40.70.(1)(B), 40.10.40.1.(1), 40.10.40.10.(2)(A), 40.10.40.40(1)(A), 40.10.40.40(1)(C), 40.10.40.50(1), 40.10.40.70.(2)(A), 40.10.40.70.(2)(B)(i), 40.10.40.70.(2)(C), 40.10.40.70.(2)(E)(i), 40.10.40.70.(2)(G), 40.10.50.10.(2), 40.10.50.10.(3), 40.10.90.40.(1)(A), 40.10.90.10.(1)(C), 40.10.100.10.(1)(A), 40.10.100.10.(1)(C), 200.5.10.1.(1), 200.15.1.5.(1), 220.5.10.1.(3), 220.5.10.1.(4), 230.5.10.1.(2), 230.5.10.1.(5), 230.5.1.10.(9)(B), and 230.40.1.20.(2) apply to prevent the erection or use of a building, structure, addition or enlargement and uses ancillary thereto, permitted in By-law 820-2017, permitted in (B) through (V) below;
|
| (B) | The height of a building or structure is measured as the distance between Canadian Geodetic Datum elevation 115.90 metres and the highest point of the building or structure, and must not exceed the height in metres specified by the numbers following the symbol "H" as shown on Diagram 3 of By-law 820-2017;
|
| (C) | Despite (B) above, canopies, lightning rods, window washing equipment, satellite dishes, eaves, screens, landscape and ornamental features, trellises, cabanas, light fixtures, antennae, flag poles, elements of a bus stop, associated mechanical equipment overrun, elevator/stair overrun and garbage chute overruns may exceed the permitted maximum height specified by the number following the "H" symbol as shown on Diagram 3 of By-law 820-2017 by 4.0 metres;
|
| (D) | Despite (B) above, wind mitigation, heating, cooling, or ventilation equipment, roof access, solar panels, mechanical exhausts, flues, fans, chimneys, and parapets around the mechanical elements on the rooftop may exceed the permitted maximum height specified by the number following the "H" symbol as shown on Diagram 3 of By-law 820-2017 by 2.0 metres;
|
| (E) | Despite (B) above, terrace and balcony dividers/privacy screens may exceed the permitted maximum height specified by the number following the "H" symbol as shown on Diagram 3 of By-law 820-2017 by 2.5 metres;
|
| (F) | Despite (B) above, guardrails, railings, retaining walls, wheelchair ramps, roofing assembly and drainage, elements of green roof, parapets other than around the mechanical elements on the rooftop, cornices, balustrades, bollards, landscape and ornamental features may exceed the permitted maximum height specified by the number following the "H" symbol as shown on Diagram 3 of By-law 820-2017 by 1.5 metres;
|
| (G) | Minimum building height stepbacks must be provided as shown on Diagram 3 of By-law 820-2017;
|
| (H) | Minimum building setbacks must be provided as shown on Diagram 3 of By-law 820-2017;
|
| (I) | Despite (H) above, canopies, lightning rods, window washing equipment, satellite dishes, eaves, landscape and ornamental features, trellises, cabanas, lighting rods, window washing equipment, light fixtures, antennae, flag poles, and Juliette balconies may project no more than 0.6 metres beyond the heavy lines shown on Diagram 3 of By-law 820-2017;
|
| (J) | Despite (H) above, cornices, lighting features, trellises, window sills, guardrails, balustrades, railings, vents, and balconies above a height of 14 metres may project no more than 1.5 metres beyond the heavy lines shown on Diagram 3 of By-law 820-2017;
|
| (K) | Despite (H) above, awnings, screens, landscape and ornamental elements may project no more than 3.0 metres beyond the heavy lines shown on Diagram 3 of By-law 820-2017;
|
| (L) | Despite (H) above elements of a bus stop along Greenwood Avenue may project no more than 2.0 metres beyond the heavy lines shown on Diagram 3 of By-law 820-2017;
|
| (M) | The total gross floor area of all buildings and structures on the lot must not exceed 7,150 square metres and:
|
|
| (i) | The total gross floor area for residential uses must not exceed 6,400 square metres, and 92 dwelling units;
|
| (ii) | The total gross floor area for non-residential uses must not exceed 750 square metres;
|
| (iii) | No single unit with a use permitted under the non-residential uses symbolized by the letter 'c', with or without conditions, in regulations 40.10.20.10(1)(A) and 40.10.20.20(1)(A), may exceed 550.0 square metres;
|
| (iv) | Section 4(M)(iii) does not apply to a retail store that sells alcohol and/or groceries as its primary purpose;
|
|
| (N) | A minimum of 144 square metres of indoor amenity space must be provided and maintained on the lot, provided that:
|
|
| (i) | an indoor, communal lounge is provided on the ground floor with a gross floor area of at least 42 square metres; and
|
| (ii) | a minimum of 2 square metres of outdoor amenity space per dwelling unit must be provided and must be adjoining or directly accessible to at least one of the rooms used as indoor amenity space;
|
| (iii) | If (i) and (ii) above are not provided, a minimum of 2 square metres of indoor amenity space per dwelling unit must be provided;
|
|
| (O) | A single loading space – Type "G" must be provided and maintained on the same lot as the building and must only have access from Greenwood Avenue;
|
| (P) | Parking spaces must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | A minimum of 0.5 parking spaces for each studio dwelling unit;
|
| (ii) | A minimum of 0.5 parking spaces for each 1-bedroom dwelling unit;
|
| (iii) | A minimum of 0.75 parking spaces for each 2-bedroom dwelling unit;
|
| (iv) | A minimum of 0.75 parking spaces for each 3-bedroom dwelling unit;
|
| (v) | A minimum of 0.75 parking spaces for each 2-level dwelling unit;
|
| (vi) | A minimum of 0.06 resident visitor parking spaces for each dwelling unit
|
| (vii) | No parking spaces are required for the non-residential gross floor area;
|
|
| (Q) | Bicycle parking spaces must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | A minimum of 1.1 "long-term" bicycle parking spaces must be provided for each dwelling unit, and may be located and maintained below ground;
|
| (ii) | A minimum of 0.07 "short-term" bicycle parking spaces must be provided for each dwelling unit, and the spaces must be provided and maintained at grade and may be provided further than 30.0 metres from a pedestrian entrance to the building on the lot;
|
|
| (R) | Dwelling units are not permitted on any level below established grade;
|
| (S) | The lot is delineated by heavy lines on Diagram 1 of By-law 820-2017;
|
| (T) | Established grade is 115.90 metres Canadian Geodetic Datum;
|
| (U) | None of the provisions of this By-law shall apply to prevent a temporary sales office on the lot, which shall mean a building or structure used for the purpose of the sale of dwelling units; and
|
| (V) | Despite any existing or future severance, partition or division of the lot, the provisions of this By-law applies to the whole of the lot as if no severance, partition or division occurred.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2)270(a) of former City of Toronto By-law 438-86 [ By-law: 820-2017 ]
|
|
| (114) | Exception CR 114 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 29167; and
|
| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (115) | Exception CR 115 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 30982; and
|
| (B) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
|
| (116) | Exception CR 116 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 321 Davenport Road a building or structure may be erected or constructed in compliance with (B) to (V) below;
|
| (B) | Despite regulations 40.5.1.10(2) and 40.10.40.40(1), the permitted maximum gross floor area of all buildings or structures on the lands is 4,900 square metres;
|
| (C) | Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 120.10 metres and the highest point of the building or structure, except for those elements otherwise expressly permitted in this By-law;
|
| (D) | Despite regulations 40.10.40.10(2) and 40.10.40.70(2)(E), (F), and (G), the permitted maximum height of any building or structure is the height in metres specified by the number following the symbol HT on Diagram 3 of By-law 453-2021(LPAT);
|
| (E) | Regulation 600.10.10(1), respecting building setbacks does not apply;
|
| (F) | Despite (D) above and regulations 40.5.40.10(4), (5), (6), (7) and (8), 40.10.40.10(2), 40.10.40.70(2)(E), (F) and (G) and clause 40.10.40.60, the following building elements are not subject to area restrictions, except as specified in (G) below, and may exceed the maximum permitted building height limits specified by the number following the symbol "HT" on Diagram 3 of By-law 453-2021(LPAT):
|
|
| (i) | terrace or balcony guards, screens and dividers, guards, guardrails, fences, retaining walls, landscape elements, and structures located on the roof used for outside or open-air recreation purposes, to a maximum of 3.0 metres;
|
| (ii) | planters, ornamental elements, fixed outdoor furniture, elevated pool and deck, to a maximum of 2.0 metres;
|
| (iii) | elevator overrun, cooling tower, stairs, stair enclosures, screens, architectural elements, heating, cooling or ventilating equipment, wall or structure enclosing elements, and partitions, to a maximum of 3.0 metres; and
|
| (iv) | cornices, parapets, roof drainage, thermal insulation and roof ballast, balustrades, window washing equipment, green roof elements, vents, flues, pipes, access roof hatch and safety railings, and structures located on the roof used for safety or wind protection purposes, to a maximum of 2.5 metres;
|
|
| (G) | Despite (D) and (F) above and regulations 40.5.40.10(4) and (5), the mechanical penthouse, which may include the functional elements of the building and any wall or structure enclosing elements included at (F)(iii) above:
|
|
| (i) | may exceed the applicable height limit shown on Diagram 3 in the area indicated as "HT 33.5" to a maximum of 3.0 metres;
|
| (ii) | may cover no more than 80%, measured horizontally, of the area indicated on Diagram 3 as "HT 33.5"; and
|
| (iii) | above 33.5 metres in height, may not exceed the total horizontal dimension of 90% of the width of the main wall facing the street, within 6.0 metres of the front lot line;
|
|
| (H) | Despite (D), (F) and (G) above and regulations 40.5.40.10(4) and (5), the elements listed in (F)(iv) above may exceed the permitted height limit projection for the mechanical penthouse stated in (G) above to a maximum of 2.5 metres;
|
| (I) | Despite regulations 5.10.40.70(1) and (4), 40.10.40.70 (2) and (4), the minimum required building setbacks are as shown on Diagram 3 of By-law 453-2021(LPAT);
|
| (J) | Despite regulations 5.10.40.70(1), 40.5.40.60, 40.10.40.60 and (I) above, the following elements of a building may encroach into minimum building setbacks shown on Diagram 3 of By-law 453-2021(LPAT):
|
|
| (i) | cornices, light fixtures, ornamental elements, building cladding, parapets, art and landscape features, landscaping elements, flutes, piers, pillars, structural columns, metal panels, pergolas, trellises, window sills, ventilation shafts, stair enclosures, stairs, site servicing features, retaining walls, wheel chair ramps and vehicular parking ramps, which may encroach by a maximum of 1.25 metres;
|
| (ii) | guardrails, terraces, balconies, terrace or balcony platforms, terrace or balcony guards, dividers and railings, screens, and awnings and canopies, which may encroach by a maximum of 3.5 metres; and
|
| (iii) | exhaust shafts and the enclosure of such elements;
|
|
| (K) | Despite regulations 40.10.40.1(1) and 40.10.40.70(2), dwelling units may be located in the first storey of a building;
|
| (L) | Despite regulation 40.10.40.50(1), amenity space must be provided at a minimum rate of 2.0 square metres for each dwelling unit, where at least 2.0 square metres for each dwelling unit is indoor amenity space and no outdoor amenity space is required;
|
| (M) | Despite regulations 40.10.50.10(1) and (3), no landscaping is required along any portion of a lot line that abuts a lot in the Residential Zone category;
|
| (N) | Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided and maintained on the lands shown on Diagram 1 of By-law 453-2021(LPAT) in accordance with the following:
|
|
| (i) | 0.3 parking spaces for each bachelor dwelling unit;
|
| (ii) | 0.5 parking spaces for each one bedroom dwelling unit;
|
| (iii) | 0.8 parking spaces for each two bedroom dwelling unit;
|
| (iv) | 1.0 parking spaces for each three bedroom dwelling unit; and
|
| (v) | 2 parking spaces are required for visitors;
|
|
| (O) | Despite regulations 200.5.1.10(2) and 200.10.1(3), the dimensions of obstructed parking spaces are not required to be increased in width by 0.3 metres on the side(s) that is/are obstructed;
|
| (P) | Despite regulations 200.5.10.1 (2) and (7), a maximum of 45 parking spaces, including 3 tandem spaces, are permitted on the lands shown on Diagram 1 of By-law 453-2021(LPAT);
|
| (Q) | Despite regulation 200.5.1.10(12)(C), the vehicle entrance or exit to the building must be at least 4.65 metres from the lot line abutting the street;
|
| (R) | Despite regulation 200.5.1.10(13), access to parking spaces will be provided by vehicle elevators, provided each vehicle elevator has a minimum width of 2.4 metres and provided not less than two (2) vehicle elevators are provided and maintained in the building for the use of residents of and visitors to the building;
|
| (S) | Despite regulation 200.5.1.10(12)(B) and subsection (R) above, the vehicle entrance and exit of each vehicle elevator must have a minimum width of 2.4 metres;
|
| (T) | Despite regulations 200.15.1(1), (3) and (4), 200.15.1.5, and 200.15.10(1), a minimum of 3 accessible parking spaces must be provided and maintained on the lands shown on Diagram 1 of By-law 453-2021(LPAT) in accordance with the following:
|
|
| (i) | Must have the following minimum dimensions:
|
|
| (a) | length of 5.6 metres;
|
| (b) | width of 3.9 metres: and
|
| (c) | vertical clearance of 2.1 metres;
|
|
| (ii) | No barrier free aisle is required to be provided adjacent to an accessible parking space;
|
| (iii) | Must be provided within 27 metres of a barrier free entrance to a passenger elevator that provides access to the first storey of the building (measured as straight line distance and not as walking path distance) and are not required to be the closest parking spaces to the entrance to the elevator;
|
|
| (U) | Despite Table 230.5.10.1(1), and regulations 230.5.1.10(4), (5) and (9), bicycle parking spaces requirements are:
|
|
| (i) | a minimum of 1.0 bicycle parking spaces for each dwelling unit, allocated as:
|
|
| (a) | 0.9 "long-term" bicycle parking space per dwelling unit; and
|
| (b) | 0.10 "short-term" bicycle parking space per dwelling unit;
|
|
|
| (V) | Despite regulations 230.5.1.10(4), (5), (9) and (10), and 230.40.1.20(1) and (2):
|
|
| (i) | "long-term" bicycle parking spaces may be provided in the form of a stacked bicycle parking space and must comply with the following:
|
|
| (a) | minimum vertical clearance of 1.0 metre;
|
| (b) | minimum width of 0.3 metres, and
|
| (c) | minimum length of 1.6 metres;
|
|
| (ii) | "long-term" bicycle parking spaces may be located within a secure room, enclosure or bicycle locker and may be located on any level above or below ground level and may not be provided in one level increments; and
|
| (iii) | "short-term" bicycle parking spaces, excluding outdoor circular/ring bicycle parking spaces, must comply with the following:
|
|
| (a) | minimum vertical clearance of 1.9 metres;
|
| (b) | minimum width of 0.6 metres, and
|
| (c) | minimum length of 1.8 metres.
|
|
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Sections 12(2)132 and 12(2)270 of former City of Toronto By-law 438-86, as amended, shall not apply to the lands shown on Diagram 1 of By-law 453-2021(LPAT) [ By-law: 453-2021(LPAT) ]
|
|
| (119) | ExceptionCR 119 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 355 and 363 Coxwell Avenue, nothing will prevent the erection or use of a building or structure if it complies with (B) to (S) below:
|
| (B) | Despite clauses 40.10.40.1(1)(2)(3)(6), a commercial use entrance is permitted on the west elevation of the first storey;
|
| (C) | Despite regulations 40.10.40.70(4) and 40.10.40.1(1), dwelling units are permitted on the first storey;
|
| (D) | Despite regulations 40.5.40.10(1) and 40.10.40.10(2), the height of any building or structure on the lot must not exceed the maximum height in metres specified by the numbers following the symbol H as shown on Diagram 3 of By-law 1228-2017 measured from the Canadian Geodetic Datum elevation of 94.33 metres;
|
| (E) | Despite regulation 40.10.40.10(5), the maximum height of the first storey is 4.5 metres, measured from the finished floor to the finished floor of the storey above;
|
| (F) | Despite regulation 40.10.40.40(1), the gross floor area must not exceed 2,300 square metres, of which:
|
|
| (i) | a maximum of 2,100 square metres may be used for residential gross floor area; and
|
| (ii) | a maximum of 200 square metres may be used for non-residential gross floor area;
|
|
| (G) | A minimum of 50 square metres of non-residential gross floor area must be provided on the first storey;
|
| (H) | The maximum number of permitted dwelling units is 33;
|
| (I) | Despite regulation 40.10.40.50(1), amenity space must be provided and maintained as follows:
|
|
| (i) | a minimum of 100 square metres of indoors amenity space; and
|
| (ii) | a minimum of 125 square metres of outdoor amenity space;
|
|
| (J) | Despite regulations 40.10.40.70(2) and 40.10.40.10(2) and 40.10.40.80(2), no above grade portion of any building or structure is located otherwise than wholly within the areas delineated by heavy lines shown on Diagram 3 of By-law 1228-2017;
|
| (K) | Despite clause (J) and regulation 40.10.40.60 the following building elements and structures are permitted to encroach into the required building setbacks shown on Diagram 3 of By-law 1228-2017 as follows:
|
|
| (i) | Eaves, cornices, window sills, vents, ornamental elements, lighting fixtures, guardrails, balustrades, landscape and green roof elements to a maximum of 0.4 metres;
|
| (ii) | Balconies and planters on stories 2 to 5 to a maximum of 0.8 metres on the north, south, and west elevations of the building;
|
| (iii) | a canopy on the first storey, south elevation to a maximum of 2.5 metres; and
|
| (iv) | mechanical equipment, setback a minimum of 1.5 metres from the interior face, as delineated by dashed lines on Diagram 3 attached to this By-law;
|
|
| (L) | Balconies are not permitted on the east elevation of the building;
|
| (M) | Despite clause (D) and regulations 40.5.40.10(4)(6)(7), 40.5.40.10(5), and 40.10.40.10(2), the following building elements and structures are permitted to extend above the maximum height in metres specified by the numbers following the symbol H as shown on Diagram 3 of By-law 1228-2017;
|
|
| (i) | Parapets to a maximum of 1.0 metres; and
|
| (ii) | trellis, guardrails, balustrades, balcony dividers, stairs, railings, landscape and greenroof elements, vents, stacks, roof anchors, and elevator overrun to a maximum of 1.8 metres;
|
|
| (N) | Despite regulations 40.10.50.10(3) and 150.100.30.1(1) and 40.10.80.20(1) and (2), the minimum distance between a parking space and a lot line is 0.2 metres;
|
| (O) | Despite regulation 40.10.150.1(1), waste and recyclable materials may be stored in the side yard abutting Coxwell Avenue;
|
| (P) | Despite the parking rates in clause 200.5.10.1, parking space must be provided as follows:
|
|
| (i) | 6 parking spaces – for the dwelling units; and
|
| (ii) | 1 parking spaces – for the non-residential uses;
|
|
| (Q) | Despite regulation 200.15 or any provision of By-law 569-2013, as amended from time to time, a minimum of 1 parking space of the required parking spaces – for the dwelling units in clause (P) must be an accessible parking space as follows:
|
|
| (i) | the accessible parking space must have the following minimum dimensions:
|
|
| (a) | Length of 5.6 metres;
|
| (b) | Width of 3.9 metres; and
|
| (c) | Vertical clearance of 2.1 metres;
|
|
| (ii) | an accessible barrier free aisle or path is not required along the length of an accessible parking space; and
|
| (iii) | Despite regulation 200.15.1.5(1), an accessible parking space may or may not be the closest parking space to a main pedestrian access to the building;
|
|
| (R) | Despite article 220.5.10, no loading space is required; and
|
| (S) | Despite article 230.5.1.10(7), no change and shower facilities for uses, other than dwelling units, for which a “long-term” bicycle parking space is required, are required.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1228-2017 ] |
| (121) | Exception CR 121 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 59-71 Mutual Street, if the requirements of By-law 397-2019(LPAT) are complied with, none of the provisions of 40.5.40.10, 40.10.40.10(1), 40.10.40.10(5), 40.10.40.40(1), 40.10.40.50(1), 40.10.40.60(1), 40.10.40.70(1), 200.5.1.3(A), 200.5.10.1(1), and 200.15.1.5(1), 600.10.10(1)(A) and (F) apply to prevent the erection or use of a building, structure, addition or enlargement permitted in By-law 397-2019(LPAT);
|
| (B) | Despite article 40.10.20, the only permitted use is dwelling units in an apartment building;
|
| (C) | Height is measured as the vertical distance between the Canadian Geodetic Datum elevation of 88.25 metres and the highest point of the building or structure;
|
| (D) | The height of any building or structure above grade as defined in (C) above must not exceed the maximum height in metres as indicated by the numbers following the letters "HT" as shown on Diagram 3 of By-law 397-2019(LPAT);
|
| (E) | Despite (D) above the following may exceed the height indicated by the numbers following the letter "HT" as shown on Diagram 3 of By-law 397-2019(LPAT) by a maximum of 2.0 metres: parapets, guard rails, railings and dividers, pergolas, trellises, eaves, screens, roof drainage, window washing equipment, lightning rods, architectural features, landscaping, roofing systems , elements of a green roof, antennae, mechanical screens and all of the elements for the functional operation of the building as listed in Section 40.5.40.10(4)(A), (B) and (C), but none of the foregoing may exceed a height of 103.8 metres above grade as defined in (C) above;
|
| (F) | No building or structure may exceed the maximum height permitted by Ontario Regulation 114/16;
|
| (G) | The minimum height of the first storey, measured between the floor of the first storey and the ceiling of the first storey, is 4.0 metres;
|
| (H) | The total gross floor area of all buildings and structures must not exceed a maximum of 18,050 square metres;
|
| (I) | Amenity space must be provided and maintained in accordance with the following:
|
|
| (i) | a minimum of 650 square metres of indoor amenity space;
|
| (ii) | a minimum of 350 square metres of outdoor amenity space which must be in a location adjoining or directly accessible to the indoor amenity space; and
|
| (iii) | a maximum of 35 percent of the required outdoor amenity space area may be provided as soft landscaping or green roof;
|
|
| (J) | No portions of a building or structure above grade can extend beyond the areas delineated by heavy lines on Diagram 3 of By-law 397-2019(LPAT), with the exception of:
|
|
| (i) | the permitted encroachments listed in Clause 40.5.40.60;
|
| (ii) | cornices, light fixtures, ornamental elements, parapets, art and landscaping features, architectural flutes, patios, pillars, pergolas, trellises, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, awnings and canopies, window washing equipment, all to a maximum of 1.0 metre; and
|
| (iii) | balconies projecting a maximum distance of 2.0 metres, except that:
|
|
| (a) | No balcony projections are permitted on the east and west sides of the building up to a height of 33 metres, and
|
| (b) | No balconies may project beyond the edge of the area subject to a 15.5-metre height limit as shown on Diagram 3 of By-law 397-2019(LPAT);
|
|
|
| (K) | Despite Section 40.10.40.80(1)(A), the required minimum above ground distance between main walls with windows, on the third and fourth storeys is 4.0 metres;
|
| (L) | Parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 38 parking spaces for the dwelling units;
|
| (ii) | a minimum of 17 parking spaces for visitors to the dwelling units;
|
| (iii) | car-share parking spaces may be provided in addition to the parking spaces required in (i) and (ii) above;
|
| (iv) | Despite section 200.5.1.10(2)(B)(i), a maximum of 6 parking spaces may have a minimum length 5.4 metres;
|
| (v) | Despite section 200.5.1.10(2)(B)(iv), a maximum of 4 parking spaces that are obstructed, as defined in Section 200.5.1.10.2(D), must have a minimum width of 2.45 metres;
|
| (vi) | Despite sections 200.5.1.10(2)(A)(iv) and 200.5.1.10(2)(B)(ii), all parking spaces that are not obstructed, as defined in Section 200.5.1.10.2(D), must have a minimum width of 2.6 metres;
|
| (vii) | all parking spaces must be accessed from a drive aisle with a minimum width of 5.5 metres; and
|
| (viii) | a minimum of one accessible parking space must be provided and must be located in the underground parking structure within 20 metres of the elevator lobby, as measured along the shortest pedestrian path between the vehicle and the door to the elevator lobby, and with level access to the elevator lobby;
|
|
| (M) | The required bicycle parking spaces:
|
|
| (i) | must have a minimum width of 0.4 metres;
|
| (ii) | must have a minimum height of 1.1 metres; and
|
| (iii) | may be stacked bicycle parking spaces; and
|
|
| (N) | A minimum of 10 percent of the total number of dwelling units must contain a minimum of three bedrooms.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 397-2019(LPAT) ] |
| (122) | Exception CR 122 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 333 College Street and 303 Augusta Avenue, 40.5.40.10(5), 40.10.40.1.(1), 40.10.40.10(2)(A), 40.10.40.10.(5), 40.10.40.60(1)(C)(i), 40.10.40.70.(2), 40.10.50.10.(2), 40.10.50.10.(3), 40.10.90.40.(1), 40.10.100.10.(1) 200.15.1.4(1), 230.5.1.10.(9)(B), 230.40.1.20.(2), 600.10.10, 900.11.10(2) and 200.15.1.4(1) of By-law 579-2017, By-law 1107-2016 do not apply to prevent the erection or use of a building that complies with (B) to (Q) below;
|
| (B) | Despite 40.10.40.40(1)(A) and 40.10.40.40(1)(C) the maximum permitted gross floor area of all buildings and structures on the lot must not exceed 9,999 square metres, of which:
|
|
| (i) | the maximum gross floor area for all residential uses must not exceed 9,765 square metres; and
|
| (ii) | a minimum of 200 square metres of gross floor area is provided for non-residential uses and each single retail unit can be no larger than 240 square metres;
|
|
| (C) | A maximum of 142 dwelling units are permitted on the lot, of which at least 10 percent of all units must be 3-bedroom units;
|
| (D) | No portion of a building or structure erected or used above ground will be located otherwise than wholly within the lines delineating the height areas on Diagram 3 of By-law 1444-2017;
|
| (E) | Despite 40.5.40.10(1), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 103.92 metres;
|
| (F) | A building or structure, and must not exceed the height in metres specified by the numbers following the letter H in the height areas delineated on Diagram 3 of By-law 1444-2017;
|
| (G) | Despite (D) above, window washing equipment, satellite dishes, eaves, cornices, lighting fixtures, window sills, landscape planters, trellises, stairs, stair enclosures, railings, awnings, and canopies are permitted to project no more than 0.6 metres into a required building setback;
|
| (H) | Despite (D) above, balconies are permitted to project not more than 1.8 metres beyond the heavy lines on Diagram 3 of By-law 1444-2017;
|
| (I) | Despite (F) above the following elements of the building may project above the height limits specified on Diagram 3 of By-law 1444-2017 as follows:
|
|
| (i) | stair overrun above the heights indicated on Diagram 3 up to a maximum of 3 metres;
|
| (ii) | partitions dividing outdoor recreation areas, privacy screens above the heights indicated on Diagram 3 of By-law 1444-2017 up to a maximum of 2.0 metres;
|
| (iii) | window washing equipment, chimney stacks, parapets, lightning rods, exhaust stacks, lighting fixtures, landscape elements and elements of a green roof, terraces, guardrails, safety railings above the heights indicated on Diagram 3 of By-law 1444-2017 up to a maximum height of 1.5 metres; and
|
| (iv) | in the hatched area identified as "Mechanical Penthouse" on Diagram 3, mechanical elements, elevator overrun, stair and stair enclosures are permitted above the heights indicated on Diagram 3 of By-law 1444-2017 up to a maximum height of 5.0 metres;
|
|
| (J) | A window of a dwelling unit (other than a window of a kitchen or bathroom) cannot be closer than 5.5 metres to the east and west property lines;
|
| (K) | A single loading space – Type "G" must be provided and maintained;
|
| (L) | Despite 40.10.40.50(1), at least 1.92 square metres for each dwelling unit of indoor amenity space and at least 2.08 square metres for each dwelling unit of outdoor amenity space shall be provided;
|
| (M) | Despite 200.5.1.10(8) and 200.5.10.1(1), Parking spaces must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | A minimum of 0.578 parking spaces for each dwelling unit;
|
| (ii) | A minimum 0.10 parking spaces for each dwelling unit and used for residential visitors; and
|
| (iii) | No parking spaces are required for the non-residential gross floor area;
|
|
| (N) | Despite 200.5.1.10(2):
|
|
| (i) | three of the parking spaces may have a minimum length of 4.70 metres and may be at least 2.6 metres wide if obstructed on one side; and,
|
| (ii) | five of the parking spaces may have a minimum width of 2.6 metres when obstructed on one side;
|
|
| (O) | Despite 230.5.1.10(4) and 230.5.1.10(5), bicycle parking spaces must comply with the following:
|
|
| (i) | if a bicycle is parked in a vertical position, the bicycle parking space must have a horizontal dimension of at least 0.4 metres by 1.2 metres and a vertical dimension of at least 1.9 metres;
|
| (ii) | if a bicycle is parked in a horizontal position, the bicycle parking space must have a horizontal dimension of at least 0.4 metres by 1.8 metres and a vertical dimension of at least 1.4 metres; and
|
| (iii) | bicycle parking spaces may be in stacked positions;
|
|
| (P) | For the purpose of this exception, the lands of 333 College Street and 303 Augusta Avenue as outlined by heavy black lines on Diagram 2 of By-law 1444-2017 is the lot. Despite any existing or future severance, partition or division of the lot, the provisions of this By-law applies to the whole of the lot as if no severance, partition or division occurred.
|
| (Q) | Despite 40.5.40.40(3)(B), the gross floor area of a mixed use building is reduced by the area in the building used for required loading spaces and the loading area around them, and required bicycle parking spaces below, at, or above-ground;
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2)270(a) of former City of Toronto By-law 438-86 [ By-law: 1444-2017 Enacted ]
|
|
| (123) | Exception CR 123 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | Despite regulation 40.10.40.70 (1)(A), on or between the odd numbered addresses of 69-135 Yorkville Avenue, the even numbered addresses of 70-140 Yorkville Avenue, the odd numbered addresses of 153-159 Cumberland Street, the even numbered addresses of 98-164 Cumberland Street, the odd numbered addresses of 25-29 Bellair Street, and the even numbered addresses of 18-28 Bellair Street, the main wall of building facing a front lot line must be set back the greater of:
|
|
| (i) | at least 3 metres from the front lot line; or
|
| (ii) | the average of the existing setback of the front wall containing the principal pedestrian entrance located farthest from the front lot line and 3 metres.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 120-2018 Enacted ] |
| (124) | Exception CR 124 |
| The lands or portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On the lands shown as CR (124) on Diagram 2 to By-law 1106-2017 none of the provisions of 5.10.40.70.(1) to (4), 40.5.40.10(4) and (5), 40.10.20.40, 40.10.20.100(1), (6), (16), (17), (21) and (28), 40.10.40.1(1), (2), (3) and (6), 40.10.50.10, 40.10.90.40, 40.10.100.10, 150.5.20.1(1)(A)(B), (2) and (6), 150.50.50, 200.5.1.10(12)(C), 200.10.1(1) and (2), 900.11.10(2436), (2439) and (1438) shall applies to prevent the erection or use of land, buildings or structures on the lands if in compliance with regulations (B) to (PP) below and Section 6 and Schedule A of By-law 1106-2017;
|
| (B) | The lot comprises the lands identified by heavy lines on Diagram 1 attached to By-law 1106-2017 and zoned CR;
|
| (C) | If an eating establishment or retail store includes a brewpub, more than 50 percent of the total interior floor area of the eating establishment or retail store may be brewing space to a maximum of 5,000 square metres;
|
| (D) | Despite regulation 40.10.20.20, the outdoor sales or display of goods and commodities is not subject to regulation 40.10.20.100(20)(B) and (C);
|
| (E) | Despite regulation 40.10.20.20, if a vehicle washing establishment is located inside a building and below ground, the provisions of regulations 150.96.20.1(2) and (3) do not apply;
|
| (F) | For the purpose of this exception bicycles are not vehicles;
|
| (G) | For the purpose of this exception average grade means an elevation of 113.5 metres Canadian Geodetic Datum;
|
| (H) | Despite regulation 40.10.40.40, the total gross floor area of all buildings and structures must not exceed 78,450 square metres, of which, the gross floor area occupied by residential uses must not exceed 60,550 square metres;
|
| (I) | A minimum of 40 percent of the total dwelling units on the lot will contain two or three bedrooms in accordance with Schedule A of By-law 1106-2017;
|
| (J) | A minimum of 10 percent of the total number of dwelling units on the lot will contain three or more bedrooms in accordance with Schedule A of By-law 1106-2017;
|
| (K) | In addition to the provisions of regulation 40.5.40.40, the following areas of a building are not also not included in the calculation of gross floor area:
|
|
| (i) | Indoor amenity space;
|
| (ii) | The area of buildings or portions of buildings subject to a height limit of 15.0 metres as shown on Diagram 4 attached to By-law 1106-2017;
|
| (ii) | The area of buildings or portions of buildings subject to a height limit of 15.0 metres as shown on Diagram 4 and Diagram 5 attached to By-law 1106-2017; [ By-law: 1271-2017 Enacted ]
|
| (iii) | The area occupied by decorative piers and columns; and
|
| (iv) | The interior floor area of any uses operated within an outdoor open air market;
|
|
| (L) | At least 10 commercial units in a building are provided at the ground floor level subject to the following:
|
|
| (i) | each commercial unit is limited to a maximum interior floor area of 50 square metres; and
|
| (ii) | each commercial unit may only be occupied by permitted non-residential uses;
|
|
| (M) | Within the areas on the lot subject to a height limit of 15.0 metres on Diagram 4 and Diagram 5 attached to By-law 1106-2017 the interior floor area of a eating establishment, take-out eating establishment, place of assembly or club must not exceed 300 square metres, except that two such eating establishment, take-out eating establishment, place of assembly or club may exceed this maximum;
|
| (N) | The ground floor area of any commercial unit fronting on Bathurst Street or Bloor Street West and occupied by a retail or service use must not exceed a maximum width of 12 metres, for a depth of not less than 7.5 metres as measured from the front main wall of the commercial unit, with the exception that up to two commercial units may have a width in excess of 12 metres;
|
| (O) | The portion of a building in each of Tower Zones 01, 3A, and 03B, as shown on Diagram 3 attached to By-law 1106-2017 and located above a height of 33 metres measured from average grade, is permitted a maximum floorplate size of 600 square metres;
|
| (P) | The portion of a building in Tower Zone 04, as shown on Diagram 3 attached to By-law 1106-2017 and located above a height of 37 metres measured from average grade is permitted a maximum floorplate size of 600 square metres;
|
| (Q) | The portion of a building in Tower Zone 02, as shown on Diagram 3 attached to By-law 1106-2017 and located above a height of 18.5 metres measured from average grade is permitted a maximum floorplate size of 500 square metres;
|
| (R) | For the purpose of this By-law the term floorplate means the total area of a floor of a building measured from the exterior of the main wall of the floor level, excluding the areas occupied by decorative piers and columns and including voids at the level of the floor, such as an atrium, mezzanine, stairwell, escalator, elevator, ventilation duct or utility shaft;
|
| (S) | Despite all of regulations 40.5.40.60, 40.10.40.60, 40.10.40.70 and 40.10.40.80 no portion of any building or structure above-ground is located other than wholly within the areas delineated by heavy lines on Diagrams 3, 4, 5 and 6 attached to By-law 1106-2017 with the exception of the following:
|
|
| (i) | cornices, sills, eaves, window washing equipment, railings, balustrades, awnings, piers and sun-shades, to a maximum horizontal projection of 0.5 metres beyond the heavy lines;
|
| (ii) | balconies to a maximum horizontal projection of 2.5 metres beyond the heavy lines;
|
| (iii) | canopies including supporting structures, covered walkways, privacy screens, planters, stairs, enclosed stairs, awnings, fences, lighting, bollards, safety railings, trellises, guards, guardrails, retaining walls, wheel chair ramps, bicycle parking facilities, ornamental or architectural features, landscape features, facilities accessory to a day nursery and art installations;
|
| (iv) | pedestrian bridges linking portions of buildings on Diagram 5 to portions of buildings on Diagram 6 as attached to By-law 1106-2017 to a maximum height of 10.5 metres, measured between finished ground level and the highest point of the bridge;
|
| (v) | elements and enclosures permitted by regulation (T) below; and
|
| (vi) | where the main wall of a building or a portion of a building within the heavy lines shown on Diagram 4 attached to By-law 1106-2017 as located north of the lands zoned OR as shown on Diagram 2, has windows or openings, the main wall must be set back at least 7.0 metres from a lot line that is not adjacent to a street, a lane or lands zoned OR;
|
|
| (T) | Despite regulations 40.5.40.10 and 40.10.40.10, the height of each portion of a building or structure is measured as the vertical distance between average grade to the highest point of the building or structure, and must not exceed the height in metres as specified by the numbers following the symbol H as shown on Diagrams 4, 5 and 6 attached to By-law 1106-2017 except for the following projections:
|
|
| (i) | elements and enclosures permitted by regulation (S) above;
|
| (ii) | structures on any roof used for outdoor residential amenity space or open air recreation, maintenance, safety, wind or green roof purposes to a maximum vertical projection of 3.0 metres above the height limits shown on Diagrams 4, 5 and 6;
|
| (iii) | elevator overruns and related enclosures to a maximum of 1.5 metres above buildings heights of 80.0 metres and 60.5 metres as shown on Diagram 5 attached to By-law 1106-2017; and
|
| (iv) | parapets, chimneys, vents and stacks;
|
|
| (U) | Despite regulation 40.10.40.50, a minimum of 3.0 square metres per dwelling unit of amenity space must be provided and maintained in accordance with the requirements of Schedule A of By-law 1106-2017 and the following:
|
|
| (i) | at least 1.5 square metres for each dwelling unit is indoor amenity space;
|
| (ii) | at least 40 square metres of outdoor amenity space must be in a location adjoining or directly accessible to the indoor amenity space; and
|
| (iii) | except for a premises exclusively used as an eating establishment or retail store, a total maximum of 1,000.00 square metres of amenity space may be provided within the premises of a non-residential use, if it is accessible to members of the public;
|
|
| (V) | In addition to regulation 800.50(15), amenity space may also be available to guests and visitors of a building;
|
| (W) | Parking spaces for residents must be provided and maintained in accordance with the following minimum requirements:
|
|
| (i) | 0.15 parking spaces for each bachelor dwelling unit or dwelling unit occupied by a home occupation;
|
| (ii) | 0.27 parking spaces for each one bedroom dwelling unit; and
|
| (iii) | 0.43 parking spaces for each dwelling unit containing two bedrooms;
|
| (iv) | 1.0 parking spaces for each dwelling unit containing three or more bedrooms; and
|
| (v) | despite (i) to (iv) above, no parking spaces are required for dwelling units secured as affordable rental housing in an agreement with the City of Toronto, in accordance with Schedule A of By-law 1106-2017;
|
|
| (X) | Parking spaces for all other uses within a building or structure must be provided in accordance with the following minimums, where parking period AM means 6 a.m. to Noon, PM means Noon to 6 p.m. and Eve. means 6 p.m. to 6 a.m:
|
|
| (i) | Day nursery: 0.4 parking spaces for each 100 square metres of gross floor area in accordance with the following parking occupancy rates of AM:100 percent, PM:100 percent and EVE:50 percent;
|
| (ii) | all other non-residential uses: 1.0 parking space for each 100 square metres of gross floor area in accordance with the following parking occupancy rates of AM:20 percent, PM:100 percent and EVE:100 percent; and
|
| (iii) | residential visitors: 0.06 parking spaces for each dwelling unit in accordance with the following parking occupancy rates of AM:10 percent, PM:35 percent and EVE:100 percent;
|
|
| (Y) | Despite regulation X above, no parking spaces are required for retail stores operated in an outdoor open air market; eating establishments and take-out eating establishments;
|
| (Z) | Despite regulations 200.5.10.1(1), (4) and (6), the minimum number of parking spaces as required by regulation Y above is determined as follows:
|
|
| (i) | for each of the morning, afternoon and evening parking periods identified in the table above, the minimum number of parking spaces required for each use, is calculated using the respective parking space rate and occupancy rate;
|
| (ii) | the minimum number of parking spaces required for each parking period is the total of the parking spaces required for all uses during that parking period; and
|
| (iii) | the minimum number of parking spaces required is equal to the largest number of parking spaces required for any parking period;
|
|
| (AA) | For each car-share parking space provided, the minimum number of parking spaces for residents required by regulation W above may be reduced by four parking spaces, up to a maximum reduction as calculated by the following formula: 4 x (the total number of dwelling units divided by 60), rounded down to the nearest whole number;
|
| (BB) | For the purpose of this Exception:
|
|
| (i) | car-share means the practice whereby a number of people share the use of one or more motor vehicles that are owned by a car-sharing organization and such car-share motor vehicles are made available to at least the occupants of a building for short term rental, including hourly rental; and
|
| (ii) | a car-share parking space means a parking space exclusively reserved and signed for a car used only for car-share purposes;
|
|
| (CC) | Despite regulation 200.5.1.10(2)(A)(iv) and (D):
|
|
| (i) | a maximum of 15 percent of the total number of parking spaces provided do not have to comply with regulation 200.5.1.10(2)(A)(iv), despite that such parking spaces are obstructed in accordance with regulation 200.5.1.10(2)(D); and
|
| (ii) | provided, the total number of parking spaces obstructed on two sides in accordance with 200.5.1.10(2)(D) does not exceed 5 percent of the total number of provided parking spaces;
|
|
| (DD) | Despite regulation 40.5.80.1, the parking spaces required by regulation X above, may be provided on a non-exclusive basis and may be provided within a public parking facility;
|
| (EE) | Despite regulation 40.5.80.10, parking spaces must be on the same lot as the use for which the parking space is required and or may be located on any or all of the lands municipally known as 756 and 758 Bathurst Street in the year 2016;
|
| (FF) | Despite regulation 220.5.10 a total of 8 loading spaces must be provided on the lot, comprised of 1 Type "G" loading space, 3 Type "B" loading spaces and 4 Type "C" loading spaces;
|
| (GG) | Despite regulation 220.5.20.1(2), the permitted maximum slope of a driveway leading to any loading space is 15 percent;
|
| (HH) | Bicycle parking spaces provided in an automated bike parking facility are not subject to regulation 230.5.1.10 (4);
|
| (II) | Despite regulation 200.15, the following regulations apply to accessible parking spaces:
|
|
| (i) | an accessible parking space must have the following minimum dimensions:
|
|
| (a) | Length of 5.6 metres;
|
| (b) | Width of 3.9 metres; and
|
| (c) | Vertical clearance of 2.1 metres;
|
|
| (ii) | accessible parking spaces must be the parking spaces located:
|
|
| (a) | closest to a pedestrian access to a building; and
|
| (b) | at the same level as the pedestrian entrance to the building;
|
|
| (iii) | clearly identified accessible parking spaces must be provided on the lot at a rate of 4 parking spaces plus 1 parking space for every 50 parking spaces or part thereof in excess of 100 parking spaces, in compliance with the minimum dimensions set out in (i) above;
|
|
| (JJ) | Despite any existing or future severance, partition or division of the lands shown as CR(x124) on Diagram 2 to By-law 1106-2017, the provisions of this Exception and By-law 569-2013, as amended apply to the whole of the lands as one lot as if no severance, partition or division had occurred.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1106-2017 ] |
| (125) | Exception CR 125 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 650 and 652 Kingston Road and 2 Main Street, if the requirements in Section 6 and Schedule A of By-law 331-2018 are complied with, then none of the provisions of 40.5.40.70(1), 40.10.40.1.(6), 40.10.40.10(2), 40.10.40.40(1), 40.10.50.10.(2), 40.10.50.10.(3), 40.10.100.10.(1), and 230.5.1.10(9) apply to prevent the erection or use of a building or structure permitted in compliance with (B) to (V) below;
|
| (B) | Regulation 40.10.40.1(2), with respect to the location of entrances and first floor elevation, does not apply;
|
| (C) | Despite regulations 40.10.40.1(1) and 40.10.40.70(4), dwelling units are permitted on the first storey;
|
| (D) | Despite regulations 40.5.40.10(1) and 40.10.40.10(2), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 124.37 metres to the top of slab, and must not exceed the height in metres specified by the numbers following the symbol "HT" as shown on Diagram 3 of By-law 331-2018;
|
| (E) | Despite regulation 40.10.40.10(5):
|
|
| (i) | the minimum height of the first storey for the portion of the mixed-use building with non-residential uses is 3.9 metres, measured from the top of slab of the first storey to the bottom of slab of the floor above; and
|
| (ii) | there is no minimum height requirement for residential uses on the first storey;
|
|
| (F) | Despite regulation 40.10.40.40(1), the gross floor area must not exceed 6,000 square metres, of which:
|
|
| (i) | a maximum of 5,200 square metres may be used for residential uses; and
|
| (ii) | a maximum of 635 square metres may be used for non-residential uses;
|
|
| (G) | The maximum number of permitted dwelling units is 68;
|
| (H) | Despite regulation 40.10.40.50(1), amenity space must be provided and maintained as follows:
|
|
| (i) | a minimum of 42 square metres of indoor amenity space; and
|
| (ii) | a minimum of 205 square metres of outdoor amenity space;
|
|
| (I) | Despite regulations 40.10.40.70(2) and 40.10.40.80(2), the required minimum building setbacks are as shown on Diagram 3 of By-law 331-2018;
|
| (J) | Despite regulation (I) above and clause 40.10.40.60 building elements and structures identified in regulation (W) below are permitted to encroach into the required building setbacks shown on Diagram 3 of By-law 331-2018;
|
| (K) | Despite regulation (D) above and regulations 40.5.40.10(4), 40.5.40.10(5), 40.5.40.10(6), 40.5.40.10 (7) and 40.10.40.10(2), building elements and structures identified in regulation (W) below are permitted to extend above the maximum height in metres specified by the numbers following the symbol HT as shown on Diagram 3 of By-law 331-2018;
|
| (L) | Despite Clause 200.5.10.1, the minimum number of required parking spaces for a mixed use building with 68 dwelling units is 32, of which:
|
|
| (i) | a minimum of 27 parking spaces must be provided for occupants of the residential dwelling units;
|
| (ii) | a minimum of 4 parking spaces must be provided for visitors of the residential dwelling units;
|
| (iii) | 1 parking space may be used as car-share parking space; and
|
| (iv) | no parking spaces are required for non-residential uses;
|
|
| (M) | Despite regulation 200.5.1.10(2)(A), a maximum of 4 parking spaces may:
|
|
| (i) | have minimum dimensions of 5.6 metres by 2.6 metres with a height of 2.0 metres, when obstructed on one of two sides; and
|
| (ii) | may have an obstruction in the drive aisle;
|
|
| (N) | Despite regulation 200.5.1.10(2)(B), a maximum of 4 parking spaces may:
|
|
| (i) | have minimum dimensions of 5.6 metres by 2.6 metres with a height of 2.0 metres, when obstructed on one of two sides; and
|
| (ii) | may have an obstruction in the drive aisle;
|
|
| (O) | Despite section 200.5.1.10(2)(B), a maximum of 5 parking spaces that are not obstructed on one or two sides may have a minimum width of 2.6 metres;
|
| (P) | Regulation 200.15.15.4(2), with respect to the location of accessible parking spaces does not apply;
|
| (Q) | Despite regulation 200.5.1(3)(A), the minimum width of a drive aisle providing vehicle access must be at least 5.5 metres;
|
| (R) | Despite regulation 200.5.1.10(12), the minimum width of a vehicle entrance and exit for a two-way driveway is 4.5 metres;
|
| (S) | Despite regulation 40.10.100.10(1), 3 vehicle accesses are permitted;
|
| (T) | Despite regulation 220.5, no loading space is required;
|
| (U) | Despite regulation 230.5.1.10(4)(A)(ii), "long-term" bicycle parking spaces must have a minimum width of 0.37 metres;
|
| (V) | Despite regulation 230.5.1.10(4)(B)(ii), "long-term" bicycle parking spaces must have a minimum width of 0.37 metres; and
|
| (W) | Permitted projection table: as shown on the table in regulation (W) of by-law 331-2018.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 331-2018 ] |
| (126) | Exception CR 126 |
| The lands or portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 475 Yonge Street, if the requirements of By-law 1473-2017 are complied with, none of the regulations of Clause and Regulations 5.10.40.70, 40.10.40.10(5), 40.10.20.100(1), 40.10.10.1(1), 40.10.40.50(2), 40.10.40.60, 40.10.40.70(1), 40.10.40.80, 40.10.50.10(2), 40.10.50.10(3), 40.10.90.40(3), 150.100.30.1, 200.5.1.10(12)(C), 200.10.1(2), 200.10.1(2), 200.15.1.5, 220.5.10.1, 220.5.20.1(2)(A), 30.5.1.10(9)(B), 230.5.10.1(2), 230.5.10.1(5), 230.40.1.20(2) and 600.10 apply to prevent the erection or use of a building, structure, addition of enlargement and uses ancillary thereto such as, permitted in By-law 1473-2017;
|
| (B) | Despite Regulation 40.5.40.10(1), the height of the building or structure is measured as the distance between Canadian Geodetic Datum elevation of 103.64 metres and the highest point of the building or structure;
|
| (C) | Despite Regulation 40.10.40.10(1), the maximum permitted height of a building or structure is specified by the numbers in metres following the letter H in the locations shown on Diagram 3 of By-law 1473-2017, subject to the following height exceptions:
|
|
| (i) | lighting fixtures, patios, cabanas, planters, balustrades, bollards, trellises, window washing equipment, parapets, privacy screens safety railings, guardrails, chimneys, vents, flues, stacks and exhaust stacks, ornamental or architectural features may extend a maximum of 2.0 metres above the heights shown on the attached Diagram 3 of By-law 1473-2017;
|
| (ii) | lightning rods;
|
| (iii) | building elements or structures used for green roof technology or alternative roofing system may extend a maximum of 0.6 metres above the heights shown on Diagram 3 of By-law 1473-2017; and
|
| (iv) | mechanical equipment such as, but not limited to, elevator and associated overrun, heating and cooling towers/heating and cooling stacks, air units, emergency generator, lighting fixtures, ornamental elevations, trellises, wind mitigation features and walls may extend a maximum of 3.0 metres above the heights shown on Diagram 3 of By-law 1473-2017.
|
|
| (D) | No portion of any building or structure erected or used above finished ground shall be located outside the areas delineated by heavy lines on Diagram 3 of By-law 1473-2017, with the exception of:
|
|
| (i) | Privacy screens, cornices sills, eaves, canopies, stairs, covered stairs or stair enclosures, awnings, underground garage ramps and ancillary
structures, retaining walls, wheelchair ramps, ornamental or architectural features may extend a maximum of 1.0 metre beyond the heavy lines shown on Diagram 3 of By-law 1473-2017;
|
| (ii) | Balconies may project no more than 2.0 metres beyond the heavy lines shown on Diagram 3 of By-law 1473-2017; and
|
| (iii) | Structures and elements related to outdoor patios at grade;
|
|
| (E) | Despite Regulation 40.10.40.40(1), the total residential and non-residential gross floor area of all building and structures on the lot
must not exceed99,250 square metres;
|
| (F) | Despite Regulation 40.10.40.50(1)(B), a minimum of 40 square metres of outdoor amenity space must be provided in a location adjoining or directly accessible to a minimum of one of the areas used as indoor amenity space;
|
| (G) | Despite Regulation 40.10.100.10(C), a maximum of three vehicle accesses are permitted;
|
| (H) | Despite Clauses and Regulations 200.5.10.1 and 200.5.10.1(1), parking spaces must be provided and maintained in accordance with the following:
|
|
| (i) | parking spaces must be provided and maintained for occupants of dwelling unit at a minimum rate of 0.21 parking spaces per dwelling
unit;
|
| (ii) | parking spaces must be provided and maintained for visitors to dwelling units at a minimum rate of 0.067 parking spaces per dwelling unit;
|
| (iii) | parking spaces must be provided and maintained for non-residential uses in accordance with the parking requirements set out in 200.5.10.1(1), with the exception that parking spaces required for a hotel use must be provided at a minimum rate of 0.14 parking spaces
per 100 square metres of gross floor area; and
|
| (iv) | the parking spaces required under ii and iii above may be provided in a shared below-grade parking garage or public parking use;
|
|
| (I) | Despite Regulation 200.5.1.10(2), a maximum number of 28 parking spaces which are obstructed on one side are permitted to have a minimum width of 2.6 metres;
|
| (J) | Despite Section 200.15, a minimum of 16 of the parking spaces required under (H) above, must be provided as accessible parking spaces, each with the following minimum dimensions:
|
|
| (i) | length of 5.6 metres;
|
| (ii) | width of 3.9 metres; and
|
| (iii) | vertical clearance of 2 metres;
|
|
| (K) | Despite Regulations 220.5.10.1(1), 220.5.10.1(2), 220.5.10.1(3) and 220.5.10.1(6), loading spaces must be provided and maintained on the lot to serve both residential uses and non-residential uses in accordance with the following:
|
|
| (i) | a minimum of two Type "B" loading spaces;
|
| (ii) | a minimum of one Type "C" loading space; and
|
| (iii) | a minimum of one Type "G" loading space;
|
|
| (L) | Despite Regulation 230.5.10.1(1), bicycle parking spaces must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | For the dwelling units, a minimum of 1 bicycle parking space per dwelling unit, in accordance with the following ratios:
|
|
| (a) | 0.9 "long term" bicycle parking spaces per dwelling unit for occupants of the dwelling units; and
|
| (b) | 0.1 "short-term" bicycle parking spaces per dwelling unit for visitors of residents of the dwelling units;
|
|
|
| (M) | The maximum area of the tower floor plate, excluding balconies, as measured from the exterior of the main wall on each storey is as follows:
|
|
| (i) | 816 square metres for storeys 12 to 58 (northerly tower); and
|
| (ii) | 900 square metres for storeys 10 to 48 (southerly tower);
|
|
| (N) | Despite any existing or future severance, partition or division of the lot, the provisions of this By-law apply to the whole lot as if no severance, partition or division occurred;
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2)259 of former City of Toronto By-law 438-86
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1473-2017; 1682-2019 Under Appeal ] |
| (127) | Exception CR 127 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 1 Eglinton Avenue East, if the requirements in Section 4, Section 5 and Schedule A of By-law 1258-2018 are complied with, none of the provisions of 40.10.40.10(2) and 40.10.40.40(1) will prevent the erection or use of a building or structure permitted in compliance with (B) to (O) below;
|
| (B) | Despite regulation 40.10.40.1(1) with respect to the location of commercial uses in a mixed use building, does not apply;
|
| (C) | Despite regulation 40.10.20.100 (2), a Nightclub is not a permitted use;
|
| (D) | Despite regulation 40.10.40.10(2), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 161.9 metres (CGVD2013);
|
| (E) | Despite regulation 40.5.40.10(1) and 40.10.40.10(2), the height of any building or structure must not exceed the maximum height specified by the numbers following the symbol HT as shown on Diagram 3 of By-law 1258-2018 provided that stepbacks at various levels of the building are complied with in accordance with Diagrams 4a and 4b of By-law 1258-2018;
|
| (F) | Despite (E) above, and regulation 40.5.40.10(4):
|
|
| (i) | elevator overruns, mechanical equipment, and stair enclosures may project to a maximum of 6.0 metres above the applicable height limit shown on Diagram 3 of By-law 1258-2018;
|
| (ii) | terraces and balcony guards, elements of a green roof and insulation and roof surface materials, planters, railings, parapets, and ornamental architectural features, may project to a maximum of 3.0 metres above the applicable height limit shown on Diagram 3 of By-law 1258-2018;
|
| (iii) | window washing equipment may project to a maximum of 8.0 metres above the applicable height limit shown on Diagram 3 of By-law 1258-2018 and
|
| (iv) | a ladder for maintenance purposes may project to a maximum of 1.2 metres above the applicable height limit shown on Diagram 3 of By-law 1258-2018;
|
|
| (G) | Despite regulations 40.10.40.70(2) and 40.10.40.80(2), no portion of any building or structure may be located otherwise than wholly within the areas delineated by heavy lines shown on Diagram 3 of By-law 1258-2018;
|
| (H) | Despite regulations 40.10.40.60 and (G) above, balconies and canopies may project into a required building setback up to 3.0 metres beyond the areas delineated by heavy lines on Diagram 3 of By-law 1258-2018 and not more than 5.0 metres on the southeast elevation of the building on floors 10 through 14 provided they are in accordance with the shaded area of Diagrams 4a and 4b of By-law 1258-2018;
|
| (I) | Despite regulations 40.10.40.40(1), the total gross floor area erected or used on the lot must not exceed 55,000 square metres, of which:
|
|
| (i) | the maximum residential gross floor area is 45,000 square metres; and
|
| (ii) | the maximum non-residential gross floor area is 11,500 square metres;
|
|
| (J) | A minimum of 10,550 square metres of the gross floor area permitted in (I)(ii) above, must be used for office;
|
| (K) | A minimum of 10 percent of the dwelling units must have three bedrooms;
|
| (L) | Despite Table 200.10.5.1 Parking spaces must be provided and maintained on the lot in accordance to the following:
|
|
| (i) | non residential – a minimum of 0.41 parking spaces for each 100 square metres of non-residential floor area;
|
| (ii) | residential – a minimum of 0.35 parking spaces for each dwelling unit;
|
| (iii) | visitor – a minimum of 0.06 parking spaces for each dwelling unit;
|
| (iv) | the parking requirements listed in L(i and ii) may be reduced by four parking spaces for each car share parking space provided. The maximum reduction is calculated using the following formula: 4 x (Total No. of Residential Units /60) rounded down to the nearest whole number; and
|
| (v) | residential visitor parking spaces may be shared with the non-residential parking spaces;
|
|
| (M) | Despite Clause 200.5.10(2) a maximum of 61 required parking spaces on the lot, which are not accessible parking spaces, may have a length of 5.2 metres;
|
| (N) | Despite Clause 200.15.1(5) accessible parking spaces may be provided in an underground parking garage on the lot, if they are located closest to a pedestrian access to the building; and
|
| (O) | Despite Clause 220.5.10.1 loading spaces for all uses must be provided and maintained on the lot in accordance to the following:
|
|
| (i) | one "Type B" loading space;
|
| (ii) | two "Type C" loading spaces; and
|
| (iii) | one "Type G" loading space.
|
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270(a) of former City of Toronto By-law 438-86. [ By-law: 1258-2018 ]
|
|
| (128) | Exception CR 128 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | The lands must comply with Exception 900.11.10(1543);
|
| (B) | On 1580 Avenue Road, if the requirements in Section 5 and Schedule 1 of By-law 1242-2017 are complied with, none of the provisions of 40.10.40.10(2), 40.10.40.40(1), 900.11.10(1543)(G) or (M), apply to prevent the erection and use of a building, structure, addition or enlargement permitted in compliance with (C) to (K) below;
|
| (C) | Despite regulation 40.5.40.10(1), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 171.95 metres;
|
| (D) | Despite regulation 40.5.40.10(1) and 40.10.40.10(2), the height of any building or structure on the lot must not exceed the maximum height in metres specified by the numbers following the symbol "HT" as shown on Diagram 3 of By-law 1242-2017;
|
| (E) | Despite regulations 40.5.40.10 (3), (4,) (6) and (7), the following may exceed the height indicated by the numbers following the letter "HT" as shown on Diagram 3 of By-law 1242-2017 by a maximum of 5 metres: eaves, canopies, cornices, lighting fixtures, awnings, fences and safety railings, architectural features, parapets, trellises, balustrades, window washing equipment, privacy screens, architectural screens, guardrails, terraces, platforms, transformer vaults, ornamental elements, architectural elements, landscaping elements , green roof elements, roof access hatches, walkways, stairs, covered stairs and or stair enclosures, stair landings, planters, skylights, mechanical and electrical equipment, elevator shafts and their enclosures, and art features;
|
| (F) | Regulation 40.10.40.1(1) with respect to location of commercial uses in a mixed use building, does not apply;
|
| (G) | Despite regulation 40.10.40.40(1), the gross floor area must not exceed 10,060 square metres;
|
|
| (i) | a maximum of 9,335 square metres may be used for residential uses; and
|
| (ii) | a maximum of 725 square metres may be used for non-residential uses;
|
|
| (H) | Despite regulations 40.10.40.70(2) and the setback and angular plane requirements in 900.11.10(1543), no portion of a building or structure above grade can extend beyond the areas delineated by heavy lines on Diagram 3 of By-law 1242-2017, with the exception of:
|
|
| (i) | The permitted encroachments listed in Clause 40.50.40.60; and
|
| (ii) | Light fixtures, parapets, art and landscape features, planters, ventilation shafts, guardrails, balustrades, railings, stair enclosures, doors, fences, screens, cornices, ornamental elements, patios, decks, pillars, trellises, balconies, terraces, eaves, window sills, planters, wheelchair ramps, awnings, and canopies;
|
|
| (I) | Parking spaces must be provided and maintained, according to the following standards:
|
|
| (i) | A maximum of 65 parking spaces for residential dwelling units;
|
| (ii) | A minimum of 7 parking spaces for residential visitors ; and
|
| (iii) | A minimum of 16 parking spaces for non-residential uses shall be provided and a minimum of 1 space for each additional 100 square metres of non-residential gross floor area above 725 square metres;
|
|
| (J) | Regulation 200.15.1(1) and clause 200.15.1.5 with respect to accessible parking spaces, do not apply;
|
| (K) | Regulations 40.10.50.10(2) and (3) with respect to landscaping when abutting a residential zone, do not apply;
|
| (L) | Clause 40.10.90.40, with respect to loading, does not apply;
|
| (M) | Regulation 40.10.100.10 (1), with respect to vehicle access, does not apply;
|
| (N) | Despite regulation 40.10.40.50(1), amenity space must be provided and maintained as follows:
|
|
| (i) | a minimum of 570 square metres of indoor amenity space, with an additional 2 square metres for every dwelling unit above 36 dwelling units; and
|
| (ii) | a minimum of 200 square metres of outdoor amenity space; with an additional 2 square metres for every dwelling unit above 36 dwelling units.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1242-2017 ] |
| (129) | Exception CR 129 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | In a Commercial Residential zone, where the maximum lawfully permitted height exceeds the width of the right-of-way of the street it abuts then:
|
|
| (i) | Despite 40.10.40.70(2)(E) and 40.10.40.70(2)(G), the angular plane requirements do not apply;
|
| (ii) | Despite 40.10.40.70(2)(B), the rear yard setback requirements do not apply; and
|
| (iii) | if the rear main wall of a building does not contain windows or openings:
|
|
| (a) | the building must be set back at least 3.0 metres from any rear lot line that abuts a lot in the Residential Zone category; and
|
| (b) | no building setback is required from any other zone category;
|
|
|
| (B) | On 1182 King Street West, shown as Block A on Diagram 1 of By-law 223-2021, if the requirements in Section 6 and Schedule A are complied with, none of the provisions of 40.10.40.10(2), 40.10.40.40(1), and (A) above, apply to prevent the erection or use of buildings or structures permitted in compliance with (C) to (O) below;
|
| (C) | Despite Section 150.5, a home occupation located in a dwelling unit on the first storey or on the second floor of a dwelling unit located on the first storey may:
|
|
| (i) | Sell, rent or lease physical goods directly from the dwelling unit;
|
| (ii) | be a personal service shop;
|
| (iii) | be an office or medical office for a professional regulated under the College of Physicians and Surgeons of Ontario;
|
| (iv) | be an office or medical office for a professional regulated under the Regulated Health Professions Act, 1991, S.O. 1991. C. 18., as amended;
|
| (v) | be a manufacturing use;
|
| (vi) | for all uses including an education use, have clients or customers attending the premises for consultations, receiving services or obtaining physical goods;
|
| (vii) | include music or dance instruction and training;
|
| (viii) | have an employee working in the dwelling unit who is not the business operator;
|
|
| (D) | Despite regulation 40.10.40.40(1), the total gross floor area of all buildings and structures must not exceed 32,000 square metres, of which:
|
|
| (i) | the gross floor area of buildings or structures used for residential uses symbolized by the letter 'r', permitted by Regulations 40.10.20.10(1)(B) and 40.10.20.20(1)(B), must not exceed 29,600 square metres; and
|
| (ii) | the gross floor area of buildings and structures used for non-residential uses symbolized by the letter 'c', permitted by Regulations 40.10.20.10(1)(A) and 40.10.20.20(1)(A), must not exceed 2,400 square metres;
|
|
| (E) | Despite regulation 40.5.40.10(1), the height of a building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 92.3 metres and the highest point of the building or structure;
|
| (F) | Despite Paragraph (A) and regulations 40.5.40.60(1), 40.5.40.10(3), 40.5.40.10(4), 40.5.40.10(8), 40.5.40.10(1) and 40.10.40.10(2), no portion of any building or structure, inclusive of mechanical penthouse elements, is to have a height greater than the height in metres specified by the number following the "H" symbol as shown on Diagram 3 attached to and forming part of By-law 223-2021, excluding:
|
|
| (i) | wind screens, parapets, guard rails, railings and dividers, pergolas, trellises, eaves, screens, stair tower, heating, cooling or ventilating equipment, chimneys, chimney-like structures, roof drainage, window washing equipment, lightning rods, architectural features, landscaping, garbage chute, terrace build-up, and elements of a green roof, which may project up to a maximum of 5.0 metres above the height limits shown on Diagram 3;
|
|
| (G) | Despite 40.10.40.10(5), the required minimum height of the first storey is 3.9 metres;
|
| (H) | Despite Paragraph (A) and regulations 40.5.40.60(1), 40.10.40.60(1) and 40.10.40.70(2), all portions of a building or structure above ground must be located within the areas delineated by heavy lines on Diagram 3 attached to and forming part of By-law 223-2021, excluding:
|
|
| (i) | art and landscape features, light fixtures, ornamental elements, parapets, patios, decks, pergolas, trellises, balconies, eaves, planters, ventilation shafts, guardrails, balustrades, railings, stair enclosures, doors, fences, screens, site servicing features, window washing equipment, and underground garage ramps and associated structures, which may extend a maximum of 2.5 metres beyond the heavy lines shown on Diagram 3 of said By-law; and
|
| (ii) | terraces, which may encroach beyond the areas delineated by heavy lines on Diagram 3 attached to and forming part of By-law 223-2021 to the same extent as the main walls of the building below them;
|
|
| (I) | Despite regulation 200.5.1.10(2), parking spaces obstructed in accordance with 200.5.1.10(2)(D) may have minimum dimensions of 2.4 metres x 5.6 metres;
|
| (J) | The provisions of By-law 579-2017 shall not apply to accessible parking spaces;
|
| (K) | Despite 200.15.1.5(4), accessible parking spaces may be located anywhere within the underground parking levels located on the Block A;
|
| (L) | Despite regulation 200.5.10.1, parking spaces must be provided and maintained in accordance with the following:
|
|
| (i) | a minimum of 0.3 parking spaces per dwelling unit must be provided for the residents of the dwelling units;
|
| (ii) | a combined minimum of 66 parking spaces must be provided on the lot for the non-residential use(s) and visitors to the dwelling units and may be provided on a shared basis;
|
| (iii) | up to a maximum of 1 of the required parking spaces for residential visitors and non-residential uses in the building may be used for the purpose of a car-share parking space;
|
| (iv) | car-share means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable; and
|
| (v) | car-share parking space means a parking space that is exclusively reserved and actively used for car-sharing;
|
| (vi) | each car-share parking space may reduce the minimum resident parking required by four (4) parking spaces;
|
|
| (M) | Despite 230.5.10.1 (1), a combined minimum of 51 short-term bicycle parking spaces must be provided for residential visitors and non-residential uses and may be provided on a shared basis;
|
| (N) | Despite regulation 230.5.1.10(9), a required bicycle parking space for a dwelling unit in an apartment building or mixed-use building may be located shall be permitted on any level of the building below-ground, and on a mezzanine level; and
|
| (O) | Despite 220.5.10(1), a minimum of one loading space – Type 'G' and one loading space – Type 'B' must be provided.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270(a) of former City of Toronto By-law 438-86. [ By-law: 223-2021 Enacted ]
|
|
| (130) | Exception CR 130 |
| The lands, or a portion thereof, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | In a Commercial Residential zone, where the maximum lawfully permitted height exceeds the width of the right-of-way of the street it abuts then:
|
|
| (i) | despite 40.10.40.70(2)(E) and 40.10.40.70(2)(G), the angular plane requirements do not apply;
|
| (ii) | despite 40.10.40.70(2)(B), the rear yard setback requirements do not apply; and
|
| (iii) | if the rear main wall of a building does not contain windows or openings:
|
|
| (a) | the building must be set back at least 3.0 metres from any rear lot line that abuts a lot in the Residential Zone category; and
|
| (b) | no building setback is required from any other zone category;
|
|
|
| (B) | On 1221 King Street West, shown as Block B on Diagram 1 of By-law 223-2021, if the requirements of Section 6 and Schedule A are complied with, none of the provisions of 40.10.40.10(2), 40.10.40.40(1), and (A) above, apply to prevent the erection or use of buildings or structures permitted in compliance with (C) to (O) below;
|
| (C) | Despite regulation 40.10.40.40(1), the total gross floor area of all buildings and structures must not exceed 23,000 square metres, of which:
|
|
| (i) | the gross floor area of buildings or structures used for residential uses symbolized by the letter 'r', permitted by Regulations 40.10.20.10(1)(B) and 40.10.20.20(1)(B), must not exceed 21,400 square metres; and
|
| (ii) | the gross floor area of buildings and structures used for non-residential uses symbolized by the letter 'c', permitted by Regulations 40.10.20.10(1)(A) and 40.10.20.20(1)(A), must not exceed 1,600 square metres;
|
|
| (D) | Despite regulation 40.5.40.10(1), the height of a building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 92.3 metres and the highest point of the building or structure;
|
| (E) | Despite Paragraph (A) above and regulations 40.5.40.10(1), 40.5.40.10(3), 40.5.40.10(4), 40.5.40.10(8), 40.5.40.60(1) and 40.10.40.10(2), no portion of any building or structure, inclusive of mechanical penthouse elements, is to have a height greater than the height in metres specified by the number following the "H" symbol as shown on Diagram 4 attached to and forming part of By-law 223-2021, excluding:
|
|
| (i) | wind screens, parapets, guard rails, railings and dividers, pergolas, trellises, eaves, screens, stair tower, heating, cooling or ventilating equipment, chimneys, chimney-like structures, roof drainage, window washing equipment, lightning rods, architectural features, landscaping, garbage chute, terrace build-up, and elements of a green roof, which may project up to a maximum of 5.0 metres above the height limits shown on Diagram 4;
|
|
| (F) | Despite 40.10.40.10(5), the required minimum height of the first storey is 3.4 metres;
|
| (G) | Despite Paragraph (A) above and regulations 40.5.40.60(1), 40.10.40.60(1) and 40.10.40.70(2), all portions of a building or structure above ground must be located within the areas delineated by heavy lines on Diagram 4 attached to and forming part of By-law 223-2021, excluding:
|
|
| (i) | art and landscape features, light fixtures, ornamental elements, parapets, patios, decks, pergolas, trellises, balconies, eaves, planters, ventilation shafts, guardrails, balustrades, railings, stair enclosures, doors, fences, screens, site servicing features, window washing equipment, and underground garage ramps and associated structures, which may extend a maximum of 2.5 metres beyond the heavy lines shown on Diagram 4 of said By-law; and
|
| (ii) | terraces, which may encroach beyond the areas delineated by heavy lines on Diagram 4 attached to and forming part of By-law 223-2021 to the same extent as the main walls of the building below them;
|
|
| (H) | Despite regulation 40.10.40.50(1), a minimum of 3.4 square metres per dwelling unit of amenity space must be provided and maintained on the land;
|
| (I) | The provisions of By-law 579-2017 shall not apply to accessible parking spaces;
|
| (J) | Despite 200.15.1.5(4), accessible parking spaces may be located anywhere within the underground parking levels located on the Block B;
|
| (K) | Despite regulation 200.5.10.1, parking spaces must be provided and maintained, in accordance with the following:
|
|
| (i) | a minimum of 0.3 parking spaces per dwelling unit must be provided for the residents of the dwelling units;
|
| (ii) | a combined minimum of 57 parking spaces must be provided on the lot for the non-residential uses and visitors to the dwelling units and may be provided on a shared basis;
|
| (iii) | up to a maximum of 1 of the required parking spaces for residential visitors and non-residential uses in the building may be used for the purpose of a car-share parking space;
|
| (iv) | car-share means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable; and
|
| (v) | car-share parking space means a parking space that is exclusively reserved and actively used for car-sharing;
|
| (vi) | each car-share parking space may reduce the minimum resident parking required by four (4) parking spaces;
|
|
| (L) | Despite regulation 230.5.10.1(1) a combined minimum of 39 short-term bicycle parking spaces must be provided for residential visitors and non-residential uses and may be provided on a shared basis;
|
| (M) | Despite regulation 230.5.1.10(9), a required bicycle parking space for a dwelling unit in an apartment building or mixed-use building may be located shall be permitted on any level of the building below-ground, and on a mezzanine level; and
|
| (N) | Despite 220.5.10(1), a minimum of one loading space – Type 'G' and one loading space – Type 'B' must be provided.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 223-2021 Enacted ] |
| (132) | Exception CR 132 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provision, Prevailing By-laws and Prevailing Sections, for a period of time not to exceed three years from the day of the passing of this By-law.
|
|
Site Specific Provisions: |
|
| (A) | The lands must comply with Exception 900 11.10(2); and
|
| (B) | Despite 40.10.20.100 entertainment place of assembly and nightclub are permitted provided:
|
|
| (i) | the gross floor area does not exceed 2,100 square metres on the lands municipally known as 722 College Street;
|
| (ii) | the gross floor area does not exceed 600 square metres on the lands municipally known as 750 College Street;
|
| (iii) | the gross floor area does not exceed 400 square metres on the lands municipally known as 783 College Street;
|
| (iv) | the principle entrance to the entertainment place of assembly or nightclub is located on College Street;
|
| (v) | maximum of one entertainment place of assembly or nightclub, is permitted at each of the properties known municipally in the year 2017 as 722, 750 and 783 College Street;
|
| (vi) | despite Chapter 800, for purpose of this Temporary Use By-law, a nightclub may include a stage for performances of entertainment such as live music; and
|
| (vii) | despite 40.10.20.100(2)(B), for the purpose of this Temporary Use By-law, a nightclub may be located in the basement of 750 College Street;
|
|
| (C) | Regulation 900.11.10(132)(B) is repealed three years after December 8, 2017, the date of passing of By-law 1446-2017.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 (a) of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 318 of former City of Toronto By-law 438-86; and
|
| (C) | City of Toronto By-law 537-2005. [ By-law: 1446-2017 Enacted ]
|
|
| (133) | Exception CR 133 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 480, 482, 484, 486, 488, 490 and 494 Yonge Street and 3 Grosvenor Street, if the requirements of Section 5 and Schedule A of By-law 1263-2017 are complied with, then buildings or structures may be constructed in compliance with regulations (B) to (R) below;
|
| (B) | Despite Regulation 40.5.40.10(1), the height of a building or structure is measured as the distance between Canadian Geodetic Datum elevation of 104 metres and the highest point of the building or structure;
|
| (C) | Despite Regulations 40.10.40.10(1) and 40.10.40.10(5), and subject to complying with item 3 in Schedule A of By-law 1263-2017, the maximum height of a building or structure or portion thereof is specified in metres above grade by the numbers following HT and specified in storeys above grade by the numbers preceding ST in the locations shown on Diagram 3 of By-law 1263-2017;
|
| (D) | Despite the definition of storey in Chapter 800, a mezzanine level is part of the ground level storey for the purposes of identifying the maximum number of storeys as specified on Diagram 3 of By-law 1263-2017; for identifying the maximum area of tower floor plates as described in (G) below and applying the provisions in (I)(ii) below;
|
| (E) | Despite Regulation 40.10.40.40(1), the gross floor area as reduced in accordance with Regulation 40.5.40.40(3), must not exceed the following:
|
|
| (i) | the total gross floor area must not exceed 34,300 square metres;
|
| (ii) | the gross floor area of residential uses must not exceed 31,700 square metres; and
|
| (iii) | the gross floor area of non-residential uses must not exceed 2,600 square metres
|
|
| (F) | Non-residential uses are subject to the following conditions:
|
|
| (i) | the non-residential gross floor area on the ground level must be divided into a minimum of 3 non-residential units, one of which must provide direct access to the non-residential space located on the second storey; and
|
| (ii) | the maximum area of a non-residential unit located on the ground level is 450 square metres;
|
|
| (G) | The maximum area of the tower floor plate as measured from the exterior of the main wall on each storey is as follows:
|
|
| (i) | storeys 4-5: 1,030 square metres;
|
| (ii) | storeys 6-18: 1,070 square metres;
|
| (iii) | storeys 19-34: 857 square metres;
|
| (iv) | storeys 35-36: 617 square metres;
|
| (v) | storeys 37-38: 578 square metres; and
|
| (vi) | mechanical penthouse: 485 square metres;
|
|
| (H) | The total number of dwelling units must not exceed 451, of which:
|
|
| (i) | at least forty percent (40 percent) must have two bedrooms or two bedroom plus den; and
|
| (ii) | at least ten percent (10 percent) must have three bedrooms;
|
|
| (I) | Despite Regulations 40.5.40.70(1)(B), 40.10.40.70(1)(A), 40.10.40.70(1)(B) and 600.10.10(1), building setbacks from the lot lines must be in accordance with the limits of the building as shown on Diagram 3 of By-law 1263-2017 subject to the following exceptions:
|
|
| (i) | despite regulations 40.10.40.60(1) and (5), and subject to complying with items 2 and 3 in Schedule A of By-law 1263-2017, balconies, including any attached architectural framing, may project beyond the heavy lines shown on Diagram 3 of By-law 1263-2017 to a maximum of 2.48 metres; and
|
| (ii) | despite regulations 40.10.40.60(1) and (5) and despite 4(I)(i) above, and subject to complying with items 2 and 3 in Schedule A of By-law 1263-2017, balconies, including any attached architectural framing, located on the north side on storeys 35 and 36 may project beyond the heavy lines shown on Diagram 3 of By-law 1263-2017 to a maximum of 3.6 metres;
|
|
| (J) | Despite Regulation 150.100.30(2), an eating establishment with an interior floor area greater than 1,000 square metres is permitted on the lot;
|
| (K) | Despite Regulation 40.10.40.50(1), the amount of amenity space must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | a minimum of 2.0 square metres of indoor residential amenity space per dwelling unit; and
|
| (ii) | a minimum of 1.06 square metres of outdoor amenity space per dwelling unit;
|
|
| (L) | Despite Regulation 40.10.100.10(C), a maximum of three vehicle accesses are permitted;
|
| (M) | Despite Clauses and Regulations 200.5.10.1, 200.5.10.1(1), 200.15.1.5 and 200.15.10.(1), parking spaces must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | a minimum of 82 parking spaces for residents of the dwelling units, of which 2 parking spaces may be used for car-share; and
|
| (ii) | subject to item 4(d) of Schedule A of By-law 1263-2017 requiring at least 3 parking spaces be provided and maintained for the use of residents of rental replacement dwelling units erected on the lot, a minimum of 35 additional parking spaces, of which not more than 35 parking spaces may be provided in public parking, for the shared use of residents of rental dwelling units, visitors to all dwelling units, non-residential visitors and non-residential occupants, and may be located in a public parking area;
|
|
| (N) | Despite Articles and Regulations 200.15.1, 200.15.10 and 200.15.10.(1), a minimum of 3 accessible parking spaces must be provided and maintained on the lot, each with the following minimum dimensions:
|
|
| (i) | length of 5.6 metres;
|
| (ii) | width of 3.9 metres; and
|
| (iii) | vertical clearance of 2.1 metres;
|
|
| (O) | Despite Regulations 220.5.10.1.(2) and 220.5.10.1.(3), loading spaces must be provided and maintained on the lot to serve both residential uses and non-residential uses in accordance with the following:
|
|
| (i) | a minimum of one loading space – Type G; and
|
| (ii) | a minimum of one loading space – Type B;
|
|
| (P) | Despite Regulations 230.5.10.1(1), 230.5.1.10(9)(B) and 230.40.1.20(2), bicycle parking spaces must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | a minimum of 412 long-term bicycle parking spaces for occupants of the dwelling units;
|
| (ii) | a minimum of 46 short-term bicycle parking spaces for residential visitors;
|
| (iii) | a minimum of 5 long-term bicycle parking spaces for occupants of the non-residential uses;
|
| (iv) | a minimum of 10 short-term bicycle parking spaces for visitors to the non-residential uses;
|
| (v) | the required bicycle parking spaces for occupants of the dwelling units must be located on parking level 1 (P1) or parking level 2 (P2) with a maximum of 125 bicycle parking spaces on P2;
|
| (vi) | the required bicycle parking spaces for occupants of the non-residential uses must be located on parking level 1 (P1) or parking level 2 (P2); and
|
| (vii) | the required bicycle parking spaces for both residential visitors and visitors to the non-residential uses must be located on parking level 1 (P1), parking level 2 (P2) or at ground level and if located on parking level 2 (P2), bicycle parking spaces must be directly accessible by elevator;
|
|
| (Q) | Despite Regulation 230.5.1.10.(7)(B), shower and change room facilities are not required; and
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 259 of former City of Toronto By-law 438-86.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1263-2017; 1682-2019 Under Appeal ] |
| (134) | Exception CR 134 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | Dwelling units are only permitted above the first floor.
|
| (B) | In a mixed use building, dwelling units are only permitted above the first storey.
|
| (C) | The required minimum front yard setback is 3.0 metres.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 88-2018 ] |
| (135) | Exception CR 135 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 65, 71, 73, 75, 77, 79, 83, 85 and 89 King Street East and 46 Colborne Street, if the requirements of Section 10 and Schedule A of By-law 552-2019(LPAT) are complied with, the erection or use of a building, structure, addition or enlargement that meets the requirements of (B) to (S) below is permitted;
|
| (B) | Despite Regulation 40.10.20.10(1), a dwelling unit is not a permitted use;
|
| (C) | Despite Regulation 40.10.40.40, the maximum gross floor area is 38,500 square metres;
|
| (D) | Despite Regulation 40.5.40.10(1), the height of a building or structure is measured as the distance from a Canadian Geodetic Datum elevation of 82.15 metres to the highest point of the building or structure;
|
| (E) | Despite Regulations 40.10.40.10 and 40.5.40.10(4), the height of the building or structure or portion, including a mechanical penthouse, must not exceed the height in metres specified by the numbers following HT as shown on Diagram 6 of By-law 552-2019(LPAT);
|
| (F) | Despite Regulation 40.5.40.10(4) and Despite (E) above:
|
|
| (1) | lightning rods may project above the height limits shown as 83.00 metres on Diagram 6;
|
| (ii) | guardrails, safety railings, elements of a green roof, roofing materials including elements of exterior flooring, parapets may project above the height limits shown on Diagram 6 by no more than 2.0 metres; and
|
| (iii) | vents, stacks, mechanical elements, heating/cooling towers, stair enclosures, lighting fixtures, elevator overrun and window washing equipment may project above the height limits shown on Diagram 6 by no more than 5.0 metres;
|
|
| (G) | Despite Regulations 40.5.40.70 and 40.10.40.70 (1) and 600.10.10(1)(A):
|
|
| (i) | the required building setbacks must be provided as shown on Diagram 6 of By-law 552-2019(LPAT); and
|
| (ii) | with the exception of elements permitted by 9(F) and 9(H) of this by-law, a setback of at least 2.7 metres from the west side lot line adjacent to Leader Lane and a setback of at least 4.0 metres from the north lot line adjacent to King Street East is required within the Lower Setback Zone as illustrated on Diagram 6, for storeys 4 and 5 of the building, excluding the mezzanine level;
|
|
| (H) | Despite (G) above:
|
|
| (i) | canopies, awnings, building cornices, lighting fixtures, ornamental elements, parapets, trellises, eaves, window sills, guardrails, balustrades, railings, stairs, stair enclosures, wheel chair ramps, vents, underground garage ramps, landscape and green roof elements, wind mitigation, architectural cladding and design features, window washing equipment and public art features may project beyond the building envelope shown in Diagram 6;
|
|
| (I) | Despite Regulation 40.5.40.10(5), a mechanical penthouse may occupy the entire Mechanical Penthouse Area as illustrated on Diagram 6;
|
| (J) | Despite Regulation 40.10.40.10(5), the minimum height of the first storey may be less than 4.5 metres;
|
| (K) | Despite Regulation 40.10.20.10, the only permitted uses on the ground floor facing King Street East or Colborne Street are retail store, retail service, eating establishment, take-out eating establishment, personal service shop, financial institution, wellness centre, recreation use, art gallery, and automated banking machine, artist studio, massage therapy, day nursery, and office lobby, provided such uses located in the space facing King Street East are divided into a minimum of two units, not including the lobby for the office tower or any such uses within the office lobby;
|
| (L) | Despite Regulation 40.10.20.100(17), the maximum interior floor area of all retail services may exceed 400 square metres;
|
| (M) | Despite Regulations 200.5.10.1 and 200.15.10, parking spaces must be provided and maintained below grade in accordance with the following:
|
|
| (i) | a minimum of 125 parking spaces;
|
| (ii) | a maximum of 211 parking spaces; and
|
| (iii) | a minimum of 6 accessible parking spaces;
|
|
| (N) | Despite Regulation 230.5.10.1(1), bicycle parking spaces must be provided and maintained on the lands in accordance with the following:
|
|
| (i) | a minimum of 85 short-term bicycle parking spaces;
|
| (ii) | a minimum of 78 long-term bicycle parking spaces; and
|
| (iii) | the required long-term bicycle parking spaces must be located either on the ground floor or on parking level 1 (P1);
|
|
| (O) | Despite Regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in a stacked bicycle parking space;
|
| (P) | Despite Regulation 200.5.1.10(2), 11 parking spaces may have a minimum width of 2.6 metres when obstructed on one side;
|
| (Q) | Despite Regulation 40.10.100.10(1), two vehicle accesses are permitted;
|
| (R) | Despite Regulation 40.10.90.40(3), loading spaces located in a building may have their vehicle access through a main wall that faces a street; and
|
| (S) | Despite Regulation 40.10.40.50(2), a minimum of 159 square metres of outdoor amenity space must be provided;
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(1) 397 of former City of Toronto By-law 438-86; and
|
| (B) | Section 12(2) 132 of former City of Toronto By-law 438-86. [ By-law: 552-2019(LPAT) ]
|
|
| (136) | Exception CR 136 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(38), former North York zoning by-law 7625.
|
|
| (137) | Exception CR 137 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | If the requirements of By-law 519-2018 are complied with, none of the provisions of regulations 40.5.40.10(1) and 40.5.40.10(2) apply to prevent the erection of use of a building or structure permitted in regulations (B) to (H) below;
|
| (B) | Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 172.5 metres;
|
| (C) | Despite regulations 40.5.10.10(1) and (2), the permitted maximum height of a building or structure is the numerical value, in metres, following the letters "HT" on Diagram 3 of By-law 519-2018;
|
| (D) | Despite regulation 40.10.40.1(2), the floor level of the first storey must be within 1.1 metres of the Canadian Geodetic Datum Elevation of 172.5 metres;
|
| (E) | Despite regulation 40.10.40.1(6), a pedestrian access to the building may be within 9.5 metres of a lot in the Residential Zone category;
|
| (F) | Despite regulation 40.10.40.10(5), the minimum height of the first storey must be at least 2.8 metres;
|
| (G) | Despite clause 40.10.40.70, the required minimum building setbacks are as shown on Diagram 4 of By-law 519-2018;
|
| (H) | Despite regulation 40.10.50.10(3), a minimum 2.0 metre wide strip of land used only for soft landscaping must be provided along a lot line that abuts a lot in the Residential Zone Category;
|
| (I) | Despite regulation 40.10.90.10(1), a loading space may be located in a rear yard that abuts a lot in the Residential Zone Category;
|
| (J) | Despite regulation 220.5.0.1(5), only one Type "C" loading space is required;
|
| (K) | Despite regulation 220.5.20.1(1)(A)(ii), the minimum width for a driveway providing access to a loading space is 4.32 metres;
|
| (L) | Despite regulation 220.5.20.1(1)(A)(ii), the minimum width for a driveway providing access to a loading space is 4.32 metres;
|
| (M) | The minimum required number of parking spaces is 12.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 519-2018 Under Appeal ] |
| (138) | Exception CR 138 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 215-229 Church Street and 117 Dundas Street East, if the requirements in Section 5 and Appendix 1 of By-law 1484-2019(LPAT) are complied with, none of the provisions of 40.10.40.1(1), 40.10.40.10, and 40.10.40.40(1) apply to prevent the erection or use of a building, structure, addition or enlargement if it complies with (B) to (W) below;
|
| (B) | Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 89.19 metres and the highest point of the building or structure;
|
| (C) | Despite Regulation 40.10.40.10(1), any building or structure erected on the lands must not exceed the height in metres and in storeys specified by the numbers following the symbol HT and preceding the symbol ST on Diagram 3 of By-law 1484-2019(LPAT), with the exception of:
|
|
| (i) | building maintenance units and window washing equipment may project up to a maximum of 12.9 metres above the height limit of 162.5 metres as shown on Diagram 3 of By-law 1484-2019(LPAT);
|
| (ii) | despite Regulation 40.5.40.10(4) and (5), mechanical equipment and any associated enclosure structures or enclosed building elements may project up to a maximum of 6.0 metres above the height limit of 162.5 metres as shown on Diagram 3 of By-law 1484-2019(LPAT);
|
| (iii) | elevator overruns, parapets, railings, aeronautical lights, lightning rods and elements of a green roof may project up to a maximum of 8.9 metres above the height limit of 162.5 metres as shown on Diagram 3 of By-law 1484-2019(LPAT);
|
| (iv) | parapets, railings, wind protection screens, pergolas, trellises, ornamental elements, planters, landscaping curbs, terrace dividers, guard rails and outdoor amenity space elements may project up to a maximum of 3.0 metres above the heights shown on Diagram 3 of By-law 1484-2019(LPAT);
|
| (v) | roof drainage equipment may project up to a maximum of 7.8 metres above the heights shown on Diagram 3 of By-law 1484-2019(LPAT);
|
| (vi) | architectural feature supports and/or elements such as walls, screens, cladding and enclosures may project up to a maximum of 10.5 metres above the heights shown on Diagram 3 within any area identified above the height limit of 162.5 metres as shown on Diagram 3 of By-law 1484-2019(LPAT); and
|
| (vii) | landscaping and art, but in no event shall landscaping and art be permitted above the height limit of 162.5 metres as shown on Diagram 3 of By-law 1484-2019(LPAT). [ By-law: 1655-2019 ]
|
|
| (D) | Despite Regulations 5.10.40.70 and 40.10.40.70(1), all portions of a building or structure above ground must be located within the areas delineated by heavy lines on Diagram 3 of By-law 1484-2019(LPAT) subject to (E) below;
|
| (E) | Despite clause 40.10.40.60, the following encroachments are permitted to extend beyond the areas delineated by heavy lines on Diagram 3 of By-law 1484-2019(LPAT):
|
|
| (i) | subject to clause 4 of Appendix 1 hereto, balconies may project up to a maximum of 2.0 metres beyond the heavy lines shown on Diagram 3 of By-law 1484-2019(LPAT);
|
| (ii) | building maintenance units and window washing equipment may project up to a maximum of 6.0 metres beyond the heavy lines shown on Diagram 3 of By-law 1484-2019(LPAT);
|
| (iii) | awnings and canopies may project up to a maximum of 3.0 metres beyond the heavy lines shown on Diagram 3 of By-law 1484-2019(LPAT); and
|
| (iv) | doors, cornices, ornamental elements, parapets, architectural flutes, columns, piers, pillars, exoskeleton structures, exoskeleton cladding, window sills, light fixtures, architectural feature supports and/or elements such as walls, screens, cladding and enclosures, art and landscape features and site servicing features may project up to a maximum of 1.2 metres beyond the heavy lines shown on Diagram 3 of By-law 1484-2019(LPAT). [ By-law: 1655-2019 ]
|
|
| (F) | Despite 40.10.40.40(1), the total gross floor area of all buildings and structures on the lands, must not exceed 41,250 square metres, comprised as follows:
|
|
| (i) | residential uses symbolized by the letter 'r', permitted by Regulations 40.10.20.10(1)(B) and 40.10.20.20(1)(B), must not exceed 40,750 square metres; and
|
| (ii) | non-residential uses symbolized by the letter 'c', permitted by Regulations 40.10.20.10(1)(A) and 40.10.20.20(1)(A), must not exceed 500 square metres;
|
|
| (G) | Despite Regulation 40.10.40.50(1), amenity space must be provided at a minimum rate of 3.2 square metres for each dwelling unit, of which:
|
|
| (i) | at least 2.0 square metres for each dwelling unit is indoor amenity space;
|
| (ii) | at least 40.0 square metres is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space; and
|
| (iii) | no more than 25 percent of the outdoor component may be a green roof;
|
|
| (H) | Despite 40.10.40.50(2), no outdoor amenity space is required for non-residential uses on the lands;
|
| (I) | Despite the parking requirements outlined in Table 200.5.10.1, parking spaces must be provided and maintained underground on the lands as follows:
|
|
| (i) | a minimum of 0.265 parking spaces per dwelling unit for residents of the lands;
|
| (ii) | no parking spaces for residential visitors are required;
|
| (iii) | no parking spaces for non-residential uses are required;
|
| (iv) | for each car-share parking space provided on the lands, the minimum number of required residential parking spaces may be reduced by 4 parking spaces;
|
| (v) | a maximum of 6 car-share parking spaces may be provided on the lands; and
|
| (vi) | for the purpose of this exception, car-share means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and to use a car-sharing vehicle, a person must meet the membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable. Cars are reserved in advance and fees for use are normally based on time and/or kilometres driven;
|
|
| (J) | Despite Regulation 200.5.1(3)(A), the minimum drive aisle width is 5.5 metres;
|
| (K) | Despite Regulation 200.5.1.10(2)(B), the minimum dimensions for a parking space, accessed by a one-way or two-way drive aisle having a width of less than 6.0 metres measured at the entrance to the parking space, are:
|
|
| (i) | length of 5.6 metres;
|
| (ii) | width of 2.6 metres;
|
| (iii) | height or 2.0 metres; and
except that the minimum required width of a parking space must be increased by 0.3 metres for each side of the parking space that is obstructed according to Regulation 200.5.1.10(2)(D);
|
|
| (L) | Despite (K) above and Regulation 200.5.1.10(2)(A)(iv), a maximum of 12 parking spaces are permitted to be obstructed on one side in accordance with 200.5.1.10(2)(D) without a requirement to increase the minimum required width by 0.3 metres;
|
| (M) | Despite (K) above and Regulation 200.5.1.10(2)(A)(i), a maximum of 36 parking spaces are permitted to have a minimum length of 5.40 metres;
|
| (N) | Regulation 200.5.1.10(12)(C) does not apply;
|
| (O) | Despite Section 200.15, of the parking spaces required by (I) above, a minimum of 5 parking spaces must be provided as accessible parking spaces, which shall meet the following requirements:
|
|
| (i) | the minimum required dimensions for an accessible parking space are 5.6 metres in length, 3.9 metres in width and 2.1 metres of vertical clearance; and
|
| (ii) | the minimum required width of 3.9 metres may be reduced to 3.4 metres provided that an accessible barrier-free aisle or path measuring 1.5 metres in width is provided along a side of the parking space for its entire length;
|
|
| (P) | Despite Regulation 230.5.1.10(9)(B)(iii), long-term bicycle parking spaces can be located within any storey below grade;
|
| (Q) | Despite Regulation 230.5.1.10(10), a long-term bicycle parking space and short-term bicycle parking space can be located in a stacked bicycle parking space;
|
| (R) | Despite regulations 230.5.1.10(4)(A)(ii) and 230.5.1.10(4)(B)(ii), the minimum required width of a bicycle parking space is 0.38 metres;
|
| (S) | Regulation 40.10.90.40(3) does not apply;
|
| (T) | For the purposes of this exception, none of the following building elements are considered a storey:
|
|
| (i) | A mezzanine, which means one floor level situated immediately above the first floor, which may be non-contiguous, but may not exceed a cumulative interior floor area of 300 square metres and is limited in use to mechanical rooms and accesses thereto; and
|
| (ii) | A mechanical penthouse comprising a maximum of two floor levels;
|
|
| (U) | Regulation 600.10.10 does not apply;
|
| (V) | None of the provisions of this By-law shall apply to prevent a temporary sales office on the lands, which shall mean a building or structure used for the purpose of the initial sale of dwelling units to be erected on the lands; and
|
| (W) | Exception CR (x138) shall apply to all of the lands outlined by heavy black lines on Diagram 1 attached to this By-law collectively regardless of any future severance, partition or division.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1484-2019(LPAT) ] |
| (139) | Exception CR 139 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 234 Simcoe Street, 121 St. Patrick Street and part of 220 Simcoe Street, if the requirements in Section 6 and Schedule A of By-law 1251-2018 are complied with, none of the provisions of Regulations 40.10.40.10(1) and 40.10.40.40(1), apply to prevent the erection of use of buildings or structures permitted in compliance with (B) to (X) below;
|
| (B) | Regulation 40.10.20.100(17) with respect to the maximum size for retail service uses does not apply;
|
| (C) | Despite regulation 200.5.1.10(2)(A)(i) up to a maximum of 5 of the total parking spaces required by Regulation (L)(i) and (iii) below, may have the following minimum length dimension:
|
|
|
| (D) | Despite Regulations 40.5.40.10(1) and 40.5.40.10(2), the height of a building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 93.65 metres and the highest point of the building or structure;
|
| (E) | Despite Regulations 40.5.40.10(1), (2), (4), (5), (6), and (7), and 40.10.40.10(1), the height of any building or structure must not exceed those heights in metres specified by the numbers following the symbol HT as shown on Diagram 3 of By-law 1251-2018 excluding:
|
|
| (i) | Structures, elements and enclosures permitted by (F) below;
|
| (ii) | The erection or use of structures on the roof used for outdoor residential amenity space or open air recreation, maintenance, safety or wind protection purposes, vestibules providing access to outdoor amenity or recreation space, pool deck, pool equipment, mechanical equipment associated with pools, pool access stairs, partitions dividing outdoor recreation areas, provided such projections are limited to a maximum vertical projection of 4.5 metres above the permitted building heights shown on Diagram 3 of By-law 1251-2018;
|
| (iii) | The erection or use of structures on the roof used for green roof purposes, roof assembly, air intakes, vents and ventilating equipment, chimney stacks, exhaust flues, parapets, elevator overruns and garbage chute facilities provided such projections are limited to a maximum vertical projection of 2.0 metres above the permitted building heights shown on Diagram 3 of By-law 1251-2018; and
|
| (iv) | Lightning rods and window washing equipment provided such projections are limited to a maximum vertical projection of 6.0 metres above the permitted building heights shown on Diagram 3 of By-law 1251-2018;
|
|
| (F) | Despite Clause 40.10.40.60 and Regulations 5.10.40.70(1), 40.5.40.60(1) and 40.10.40.70(1), all portions of a building or structure above grade must be located within the areas delineated by heavy lines on Diagram 3 of By-law 1251-2018, with the exception of:
|
|
| (i) | Balconies and terraces to a maximum horizontal project of 2.8 metres;
|
| (ii) | Canopies including support structures, awnings, building cornices, window washing equipment, lighting fixtures, covered walkways, privacy screens, planters, trellises, eaves, window sills, guards, guardrails, balustrades, railings, stairs, stair enclosures, wheel chair ramps, ramps associated with an underground parking garage, bicycle parking facilities, ornamental and architectural features, landscape features, street furniture and art installations; and
|
| (iii) | Structures, elements and enclosures permitted by (E) above; [By-law 542-2019]
|
|
| (G) | Despite (E) and (F) above, within the hatched areas shown on Diagram 4 of By-law 1251-2018 no part of any building may be located between finished ground level and a minimum of 4.5 metres above finished ground level other than signage, lighting, canopies, structural supports and design features; [By-law 542-2019]
|
| (H) | Despite Regulation 40.10.40.40(1) the total gross floor area of all buildings and structures must not exceed 71,300 square metres of which:
|
|
| (i) | The total residential gross floor area must not exceed 64,200 square metres;
|
| (ii) | A minimum non-residential gross floor area of 7,000 square metres must be provided; and
|
| (iii) | A minimum of 5,600 square metres of the gross floor area required in (ii) above, must be provided for office uses;
|
|
| (I) | Despite Regulations 40.5.40.40(3) and (4), the gross floor area of a mixed use building is further reduced by the area in a building used for:
|
|
| (i) | Parking at the ground level;
|
|
| (J) | A minimum of ten percent (10 percent) of all dwelling units must have three or more bedrooms;
|
| (K) | Despite Regulation 40.10.40.50(1):
|
|
| (i) | the required indoor amenity space must be provided in a multi-purpose room or rooms, at least one of which contains a kitchen and a washroom; and
|
| (ii) | a minimum of 2.0 square metres of outdoor amenity space per dwelling unit must be provided of which at least 40 square metres must be in a location adjoining or directly accessible from the indoor amenity space;
|
|
| (L) | Despite Regulation 200.5.10.1 parking spaces must be provided in accordance with the following:
|
|
| (i) | A minimum of 0.22 parking spaces per dwelling unit for residents of the mixed-use building;
|
| (ii) | A minimum of 75 parking spaces for public parking;
|
| (iii) | A minimum of 37 parking spaces for residential or non-residential uses other than public parking; and
|
| (iv) | 4 of the required parking spaces must be car-share parking spaces;
|
|
| (M) | For each car-share parking space provided, the minimum number of parking spaces for residents required pursuant to regulation (L)(i) above may be reduced by one (1) parking space, up to a maximum of four (4) parking spaces;
|
| (N) | For the purpose of this Exception:
|
|
| (i) | Car-share means the practice whereby a number of people share the use of one or more cars that are owned and operated by a profit or non-profit car-sharing organization, and where such organization may require that the use of cars be reserved in advance, charge fees based on time and/or kilometres drives, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable; and
|
| (ii) | Car-share parking space means a parking space exclusively reserved and signed for a car used only for car-share purposes;
|
|
| (O) | Despite Regulations 230.5.1.10 (9)(A)(iii) and 230.5.1.10 (9)(B)(iii), long term bicycle parking spaces may be located as follows:
|
|
| (i) | On levels of the building below-ground; and
|
| (ii) | All such bicycle parking spaces located below-ground must be accessible via an elevator to the ground floor;
|
|
| (P) | Despite clauses 40.10.90.1, and 220.5.10.1, and regulation 220.5.1(2), a minimum of one Type "G" loading space and three Type "B" loading spaces must be provided and maintained on the lot;
|
| (Q) | In addition to the permitted uses identified in section 40.10.20 of By-law 569-2013, public parking, and car-share parking, is also permitted on the lot;
|
| (R) | Despite Regulation 200.5.1.10(2) parking spaces for public parking may have minimum dimensions of 2.6 metres in width, 5.2 metres in length and 2.0 metres in height provided they are accessed by a drive aisle having a minimum width of 7.0 metres measured at the entrance to the parking space;
|
| (S) | For the purpose of the Exception:
|
|
| (i) | Privately-owned publicly accessible open space means a space on the lot situated a ground level generally within the shaded area shown on Diagram 4 of By-law 1251-2018 that is accessible to the public, secured through appropriate legal agreements and may include pedestrian walkways, seating areas, landscaped plazas, and ornamental structures and is used principally for the purpose of sitting, standing and other recreational uses;
|
| (ii) | P rivately-owned publicly accessible open space with a minimum area of 500 square metres shall be provided on the ground level generally as shown within the shaded area on Diagram 4 of By-law 1251-2018;
|
|
| (T) | Regulation 230.40.1.20(2), with respect to the location of "short-term" bicycle parking spaces relative to the building entrance, does not apply;
|
| (U) | Section 600.10 with respect to tall building setbacks, does not apply;
|
| (V) | Regulation 40.10.90.40(3), with respect to access to a loading space through a main wall that faces a street does not apply;
|
| (W) | Regulation 40.10.100.10(1)(C), with respect to the number of vehicle accesses, does not apply; and
|
| (X) | Regulation 40.10.40.50(2), with respect to amenity space for non-residential uses does not apply.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1251-2018 ] |
| (140) | Exception CR 140 |
| 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) | Despite the uses listed in Article 40.10.20, the only uses permitted are: dwelling unit, financial institution, business and professional offices, personal service shop, professional medical office, retail store, retail service, and vehicle service shop;
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| (B) | Dwelling unit is not a permitted use on the first storey;
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| (C) | Vehicle service shop is permitted if it does not include muffler or tailpipe repair or replacement, parking and storage and display for sale, rental or lease of operable motor vehicles;
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| (D) | The maximum gross floor area is 865 square metres;
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| (E) | The minimum set back of any structure or building is:
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| (i) | 14.8 metres from the front lot line;
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| (ii) | 13.0 metres from the rear lot line;
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| (iii) | 3.0 metres from the north side lot line; and
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| (iv) | 6.0 metres from the south side lot line; and
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| (F) | No loading space is required;
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| (G) | A landscaped strip 1.2 metres in width must be provided along the entire west lot line; and
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| (H) | Despite (A), (B) and (E) above, the detached house existing on July 31, 1998 may only be used for retail stores.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (141) | Exception CR 141 |
| 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 1001 Queen Street East, if the requirements of By-law 1159-2018 are complied with, then a building or structure may be constructed in compliance with regulations (B) to (M) below;
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| (B) | Despite regulation 40.10.40.40(1) the total permitted maximum gross floor area of all buildings and structures must not exceed 2,720 square metres, of which:
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| (i) | The total residential gross floor area must not exceed 2,465 square metres; and
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| (ii) | The total non-residential gross floor area must not exceed 260 square metres;
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| (C) | Despite regulation 40.5.40.10(1), the height of the building is the distance between Canadian Geodetic Datum elevation of 78.70 metres and the elevation of highest point of the building;
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| (D) | Despite regulation 40.10.40.10(2) the permitted maximum height is as shown on Diagram 6 of By-law 1159-2018;
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| (E) | The main wall of each level of the building must be setback from the main wall of the height level of the building below it as shown on Diagram 6 of By-law 1159-2018;
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| (F) | Despite regulation 40.10.40.10(5), the required minimum height of the first storey, measured between the floor of the first storey and the ceiling of the first storey is 3.80 metres;
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| (G) | Despite regulations 40.10.40.70(2) and 40.10.40.80(2), the required minimum building setbacks for all buildings or structures are as shown on Diagram 6, attached to By-law 1159-2018;
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| (H) | Despite (D) above and regulations 40.5.40.10 (3), (4), (5), (6) and (7), 40.5.75.1 (4) the following may project above the permitted maximum height in Diagram 6 of By-law 1159-2018 as follows:
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| (i) | Canopies, awnings, building cornices, window washing equipment, lighting fixtures, ornamental elements, lightning rods, parapets, trellises, eaves, window sills, guardrails, railings, stairs, stair enclosures, air intakes and vents, ventilating equipment, landscape and green roof elements, partitions dividing outdoor recreation and amenity areas, wind mitigation elements, chimney stacks, and exhaust flues may exceed the permitted maximum height no more than 2.0 metres; and
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| (ii) | A stair enclosure or stairs to the roof level may exceed the permitted maximum height in the area where the number following the symbol HT is 20.0 as shown on Diagram 6 of By-law 1159-2018 no more than 3.0 metres;
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| (I) | Despite regulations 40.5.40.60 (1) and 40.10.40.60, the following may encroach into the required minimum setbacks in Diagram 6 of By
-law 1159-2018 as follows:
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| (i) | Canopies, awnings, building cornices, lighting fixtures, window washing equipment, ornamental elements, lightning rods, trellises, parapets, eaves, window sills, railings, stairs, stair enclosures, wheel chair ramps, air intakes and vents, landscape and green roof elements, partitions dividing outdoor recreation and amenity areas, wind mitigation elements, window casements, window projections and other minor architectural façade details that may project no more than 0.3 metres;
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| (J) | Despite regulation 200.5.10.1(1) and (2) and the parking rates in Table 200.5.10.1, the minimum number of required parking spaces is as follows:
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| (i) | A minimum of 17 parking spaces must be provided for the residential uses which may be located within stacked parking spaces;
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| (ii) | No visitor parking spaces are required; and
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| (iii) | No parking spaces are required for the non-residential uses;
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| (K) | Despite regulation 200.5.1.10(2)(A) and 200.5.1.10 (12), a parking space within a stacked parking space must have the following minimum dimensions:
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| (i) | Minimum length of 5.05 metres;
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| (ii) | Minimum width of 2.4 metres; and
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| (iii) | Minimum vertical clearance of 1.7 metres;
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| (L) | Despite regulation 200.15.10 (1), no accessible parking spaces are required;
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| (M) | Despite regulation 230.5.1.10 (1), 230.5.1.10 (7), 230.5.1.10 (9), 230.5.10.1 (5) and the bicycle parking spaces rates in table 230.5.10.1(1), 22 bicycle parking spaces must be provided and maintained on the lot in accordance with the following:
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| (i) | Minimum 22 long-term bicycle parking spaces located on the first storey of the building or on the first level below-ground;
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| (ii) | No shower and change facilities are required; and
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| (iii) | No bicycle parking spaces are required for non-residential uses;
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| (N) | Despite regulation 230.5.1.10 (4) and 230.5.1.10 (5) a stacked bicycle parking space must have the following minimum dimensions:
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| (i) | Minimum length of 1.8 metres;
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| (ii) | Minimum width of 0.4 metres; and
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| (iii) | Minimum vertical clearance of 1.2 metres;
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| (O) | Despite Clause 40.10.40.50, amenity space must be provided and maintained on the lot as follows:
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| (i) | Minimum of 44.0 square metres of indoor amenity space that does not need to contain a kitchen and a washroom; and
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| (ii) | Minimum of 12.0 square metres of outdoor amenity space which is not required to be adjoined to the indoor amenity space;
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| (P) | Despite any existing or future consent, severance, partition or division of the lot, the provisions of this By-law shall apply to the lot as if no consent, severance, partition or division occurred.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(2)270(a) of former City of Toronto By-law 438-86 [ By-law: 1159-2018 ]
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| (142) | Exception CR 142 |
| 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 a Commercial Residential zone, where the maximum lawfully permitted height exceeds the width of the right-of-way of the street it abuts then:
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| (i) | the angular plane requirements of regulations 40.10.40.70(2)(E) and 40.10.40.70(2)(G) do not apply;
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| (ii) | the rear yard setback requirements of regulation 40.10.40.70(2)(B) do not apply; and
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| (iii) | if the rear lot line abuts a RD Zone or a RM Zone with a "u" value of less than 6 dwelling units, then the height of any portion of the building cannot be greater than 70 percent of the horizontal distance that portion of the building is from the rear lot line; or
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| (iv) | if the rear lot line abuts a lane and the lots on the opposite side of the lane are in a RD Zone or a RM Zone with a "u" value of less than 6 dwelling units, then the height of any portion of the building cannot be greater than 70 percent of the horizontal distance that portion of the building is from the closer of the rear lot line or side lot line, of the lots in the RD Zone or RM zone; and
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| (B) | The requirements of (A)(iii) and (A)(iv) above, do not apply to a building with a transportation use.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1115-2018 ] |
| (143) | Exception CR 143 |
| 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 replacement of any building existing as of February 28, 1977 with a height exceeding the maximum permitted height is permitted, if the height of the new building does not exceed the height of the building being replaced; [TO: 438-86; 12(1)320]
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| (B) | 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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| (C) | Despite 80.10.40.40(1), the maximum permitted floor space index for a building with a transportation use is 1.0; and
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| (D) | These premises must comply with Exception 900.11.10(2).
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1115-2018 ] |
| (144) | Exception CR 144 |
| 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 77 and 83 Mutual Street, if the requirements of Section 4 and Schedule A of By-law 1612-2019(LPAT) are complied with, none of the Regulations 5.10.40.70 (1) and (2), 40.5.1.10(3), 40.5.40.70 (1)(A), 40.10.40.40(1), 40.10.40.50, 40.10.40.70(1), 40.10.100.10.(1)(C), 200.5.1.10(8), 200.5.10.1(1), 200.15.15.4(2), Table 200.5.10.1, 200.15.1.5 (1), 230.5.1.10 (9), 230.40.1.20(2), 900.11.10(2010), 900.11.10(2211), and former City of Toronto By-law 1990-0032, apply to prevent the erection or use of a building, which may contain dwelling units and non-residential uses including a parking garage below ground, within the area identified as Part A on Diagram 1 of By-law 1612-2019(LPAT);
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| (B) | On 75 Mutual Street, none of Regulations 5.10.40.70 (1) and (2), 40.5.1.10(3), 40.5.40.70 (1)(A), 40.10.40.40(1), 40.10.40.50, 40.10.40.70(1)150.25.50.2(1)(C), 200.5.1.10(8), 200.5.10.1(1), Table 200.5.10.1, 200.15.1.5 (1), 200.15.15.4(2), 230.5.1.10 (9), 230.40.1.20(2), 900.11.10(2010), and 900.11.10(2211), apply to prevent the erection or use of a building within the area identified as Part B and shown on Diagram 1 of By-law 1612-2019(LPAT);
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| (C) | Neither Regulation 600.10.10(1) nor By-law 1107-2016 shall apply to the area identified as Part A or Part B as shown on Diagram 1 of By-law 1612-2019(LPAT);
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| (D) | The total gross floor area of all buildings and structures must not exceed a maximum of 26,140 square metres, of which:
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| (i) | the non-residential gross floor area on the area identified as Part A on Diagram 1 of By-law 1612-2019(LPAT) must not exceed 330 square metres; and
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| (ii) | the non-residential gross floor area on the area identified as Part B on Diagram 1 of By-law 1612-2019(LPAT) must not exceed 510 square metres;
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| (E) | Despite Regulations 40.5.40.10 (1) and 40.10.40.10 (1), (4) and (5), the height of a building located on Part A or Part B as shown on Diagram 1 of By-law 1612-2019(LPAT), must not exceed the permitted maximum height in metres as indicated by the numbers following the letter HT and the permitted number of storeys as indicated by the numbers following the letter ST on Diagram 3 of By-law 1612-2019(LPAT);
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| (F) | The following elements of a building may exceed the permitted maximum height in (E) above by 2.0 metres:
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| (i) | minor projections including architectural elements permitted in regulation (G)(iii) and spires, screens, fences and antennae;
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| (G) | Despite Regulation 40.10.40.60, with respect to a building located on Part A or Part B as shown on Diagram 1 of By-law 1612-2019(LPAT), no portion of the building or structure above ground may be located otherwise than wholly within the areas delineated by heavy lines on the attached Diagram 3 of By-law 1612-2019(LPAT), except for the following:
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| (i) | canopies, awnings, building cornices and parapets;
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| (ii) | balconies may encroach into a required building setback a maximum distance of 2.0 metres; and
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| (iii) | lighting fixtures, ornamental elements, parapets, trellises, eaves, window sills, guardrails, balustrades, railings, stairs, stair enclosures, wheel chair ramps, vents, underground garage ramps, landscape and green roof elements, wind mitigation and public art features;
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| (H) | On the lands located on Part A as shown on Diagram 1 of By-law 1612-2019(LPAT), a minimum of 31 of the dwelling units must be three-bedroom dwelling units or greater;
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| (I) | On the lands located on Part A as shown on Diagram 1 of By-law 1612-2019(LPAT), 22 dwelling units must be secured in accordance with Schedule A of By-law 1612-2019(LPAT) as rental dwelling units, eighteen of which are bachelor dwelling units and four of which are one-bedroom dwelling units;
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| (J) | Despite Regulations 200.5.1.10(2) and 200.5.10.1, a minimum of 105 parking spaces must be provided and maintained in a below grade parking garage within Part A as shown on Diagram 1 of By-law 1612-2019(LPAT) in accordance with the following:
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| (i) | of the 105 parking spaces a maximum of 15 parking spaces may have a minimum dimension of 2.5 metres in width x 5.0 metres in length;
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| (ii) | of the 105 parking spaces a minimum of 23 must be for visitors;
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| (iii) | two (2) car-share parking spaces must be provided;
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| (iv) | the parking spaces for visitors and the car-share parking spaces may be operated as a commercial parking garage;
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| (v) | no parking is required for the non-residential uses located on Part A as shown on Diagram 1 or uses on Part B as shown on Diagram 1 of By-law 1612-2019(LPAT);
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| (vi) | of the 105 parking spaces a minimum of 80 must be provided for residents; and
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| (vii) | bicycle parking spaces are not to be considered as obstructions to parking spaces and may project into parking spaces in accordance with Section 2(O) of By-law 1612-2019(LPAT);
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| (K) | Despite Regulation 220.5.10.1, loading spaces must be provided and maintained in accordance with the following requirements:
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| (i) | no loading spaces are required for Part B as shown on Diagram 1 of By-law 1612-2019(LPAT); and
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| (ii) | 1 loading space - Type "G" is required for Part A as shown on Diagram 1 of By-law 1612-2019(LPAT);
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| (L) | Despite Regulation 200.5.1.10 (12)(B), the vehicle entrance or exit for a one-way driveway into or out of the building located on Part A as shown on Diagram 1 must have a minimum width of 3.0 metres;
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| (M) | No bicycle parking spaces are required for the non-residential uses located on Part A or Part B as shown on Diagram 1 of By-law 1612-2019(LPAT);
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| (N) | Despite Regulations 200.5.1.10 (4) and 230.5.1.10 (5), bicycle parking spaces may be provided in a secured room, in a stacked manner, in bicycle lockers, on a rack or on a hook on a wall, post or pillar including a wall, post or pillar associated with a parking space;
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| (O) | Despite Regulation 230.5.1.10 (4) and (5):
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| (i) | the bicycle parking space dimensions must have a minimum width of 0.6 metres x a minimum length of 1.2 metres x a minimum height of 1.8 metres and may project into a parking space by a maximum width of 0.15 metres x a maximum length of 1.2 metres x a maximum height of 1.8 metres; and
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| (ii) | if bicycle parking spaces are provided in a horizontal bicycle parking space that is positioned above or below another bicycle parking space and equipped with a mechanical device providing floor level access to both bicycle parking spaces, the minimum vertical clearance for each bicycle parking space must be at least 1.2 metres; and
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| (P) | On the lands located on Part A as shown on Diagram 1 of By-law 1612-2019(LPAT), amenity space must be provided at a minimum rate of:
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| (i) | 1.31 square metres of indoor amenity space for each dwelling unit; and
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| (ii) | 1.31 square metres of outdoor amenity space for each dwelling unit.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1612-2019(LPAT) ] |
| (145) | Exception CR 145 |
| The lands 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 219 and 231 Dundas Street East, if the requirements in Section 6 and Schedule A are complied with, none of the provisions of 40.10.40.10(2), or 40.10.40.40(1), apply to prevent the erection or use of a mixed use building permitted in compliance with (B) to (V) below;
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| (B) | For the purposes of this By-law, the Front Lot Line is be Dundas Street East;
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| (C) | Despite regulation 40.10.40.40(1), the maximum residential gross floor area of all buildings must not exceed 14,500 square metres;
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| (D) | Despite regulation 40.10.40.40(1), a minimum non-residential gross floor area is 190 square metres;
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| (E) | Despite regulation 40.5.40.10(1), the height of a building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 89.00 metres and the highest point of the building or structure;
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| (F) | Despite regulations 40.5.40.10(3)-(7) and 40.10.40.10(2), the height of any building or structure must not exceed the maximum height in metres specified by the numbers following the symbol HT as shown on Diagram 3 of By-law 651-2018, excluding:
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| (i) | a structure on the roof of the building used for outside or open air recreation, a roof top amenity room, roof top stair enclosure, roof top mechanical equipment that includes a chimney stack or other heating, cooling or ventilating equipment, window washing equipment on the roof of a building, elevator overrun, antennae, staircases or enclosures, privacy screens, mechanical and architectural screens, balcony and terrace guards and dividers, railings, access hatches, airshafts, landscaping, planters and other landscaping structures, elements of a green roof, may exceed the height limit on the attached Diagram 3 by no more than 5.5 metres, in addition to the projections permitted in regulation 40.5.40.10 (3)-(7), where these sections do not conflict with the items above;
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| (G) | Despite regulation 40.10.40.60, all portions of a building or structure above ground must be located within the areas delineated by heavy lines on Diagram 3 of By-law 651-2018, excluding the following in addition to the exemptions listed in 40.10.40.60:
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| (i) | cornices, lighting fixtures, awnings, canopies, architectural features, balconies and guards, balcony roof or canopies, privacy screens, mechanical and architectural screens, window sills, chimneys, vents, stacks, mechanical fans, stairs, stair landings, covered stairs and/or stair enclosures associated with an entrance or exit from an underground parking garage, retaining walls and curbs, monitor wells, bicycle parking areas, fences and safety railings, terraces, planters, balustrades, bollards, wheelchair ramps, underground garage ramps and their associated structures, and landscape and public art features by no more than 5.0 metres, in addition to the encroachments permitted in regulation 40.10.40.60, where these sections do not conflict with the items above;
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| (H) | Regulation 40.10.40.70(2) with respect to building setbacks do not apply;
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| (I) | Despite regulation 40.10.40.50 (1) with respect to amenity space:
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| (J) | Regulation 40.10.40.1(1) with respect to location of commercial uses in a mixed use building, does not apply;
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| (K) | Regulation 40.10.50.10(2)-(3) with respect to fence requirement and landscaping does not apply;
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| (L) | Regulation 40.10.40.70(2) with respect to setbacks and angular planes does not apply;
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| (M) | Despite regulation 200.5.10.1 and 900.11.10(2)(B) Parking spaces must be provided and maintained in accordance with the following requirements:
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| (i) | A minimum of 0.27 parking spaces per dwelling unit must be provided for residents;
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| (ii) | A minimum of 0.06 parking spaces per dwelling unit must be provided for visitor parking; and
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| (iii) | A minimum of 2 parking spaces may be used for car share purposes;
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| (N) | Despite regulation 200.5.1.10(2), a maximum of 6 parking spaces may be obstructed and 8 parking spaces may be a minimum of 5.4m in length;
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| (O) | Despite regulation 220.5.10.1 (2) – (9) and 40.10.90.40(3) a minimum of one type "G" loading space must be provided and may have access through the main wall that faces a street;
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| (P) | Regulation 200.15.1.5 with respect to location of Accessible Parking Spaces does not apply;
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| (Q) | Regulation 200.15.1 and 200.15.1 with respect to Accessible Parking does not apply;
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| (R) | Regulation 230.5.1.10(4) with respect to bicycle parking space dimensions does not apply;
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| (S) | Despite regulation 230.5.10.1(5) bicycle parking spaces must be provided as follows:
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| (i) | a minimum of 195 long-term bicycle parking spaces must be provided on the lot;
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| (ii) | minimum of 20 short-term bicycle parking spaces must be provided on the lot and may be located within an enclosure or secured room at ground level; and
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| (iii) | all bicycle parking spaces may be located in a bicycle stacker with a minimum height of 1.2 metres;
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| (T) | Regulation 230.5.1.10(9) with respect to long term bicycle parking space location does not apply;
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| (U) | Despite regulation 600.10.10, setbacks are as shown on Diagram 3; and
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| (V) | Despite any existing or future severance, partition, or division of the lot, the provisions of this by-law must apply to the whole of the lot as if no severance, partition or division occurred.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 651-2018 ] |
| (146) | Exception CR 146 |
| The lands 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 485 Logan Street if the requirements of By-law 1075-2018 are complied with the erection or use of buildings or structures is permitted in compliance with (B) to (Q) below;
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| (B) | Despite regulations 40.5.1.10(3) and 40.10.40.40(1), the total gross floor area of all buildings and structures must not exceed 4,665.00 square metres;
|
| (C) | Despite regulation 40.5.40.10(1), the height of a building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 87.4 metres and the highest point of the building or structure;
|
| (D) | Despite regulation 40.10.40.10(5), the required minimum height of the first storey, measured between the floor of the first storey and the ceiling of the first storey, is 2.75 metres;
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| (E) | Despite regulations 40.5.40.10(1) and 40.10.40.10(2), no portion of any building or structure, is to have a height greater than the height in metres specified by the number following the "HT" symbol as shown on Diagram 3 attached to and forming part of By-law 1075-2018, excluding:
|
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| (i) | a structure used for outside or open air recreation, safety or wind protection purposes, elements of a green roof, canopies, vents, stacks or
other heating, cooling or ventilating equipment, a screen around such equipment, window washing equipment, ornamental elements, architectural elements, landscaping elements, privacy walls, trellises, parapets, stairs, stair enclosures, guardrails and railings, elevator shafts and structures that enclose, screen or cover elevator shafts, all of which extending no more than 3.0 metres above 14 metres in height
;
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|
| (F) | Despite regulations 40.5.40.60(1), 40.5.40.70(1), 40.10.40.70(2) and 40.10.40.70(4), and clause 40.10.40.60 all portions of a building or structure above ground must be located within the areas delineated by heavy lines on Diagram 3 attached to and forming part of By-law
1075-2018, excluding:
|
|
| (i) | balconies, terraces, cornices, light fixtures, awnings, ornamental elements, parapets, landscape features, trellises, eaves, window sills, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, wheel chair ramps, architectural feature walls and associated structures, which may encroach beyond the heavy lines a maximum of 2.0 metres;
|
|
| (G) | A maximum of 41 dwelling units are permitted, of which a minimum of 20 must be two bedroom dwelling units and a minimum of 3 must be three bedroom dwelling units;
|
| (H) | Despite regulation 40.10.40.50(1):
|
|
| (i) | a minimum of 2.5 square metres per dwelling unit of outdoor amenity space must be provided, and need not be in a location adjoining or directly accessible to the indoor amenity space;
|
| (ii) | indoor amenity space is not required;
|
|
| (I) | Despite regulations 40.10.50.10(2) and (3):
|
|
| (i) | a fence is not required; and
|
| (ii) | a minimum 1.5 metre wide strip of land must be provided as soft landscaping along a lot line abutting a lot in the Residential Zone
category or Residential Apartment Zone category, except that this soft landscaping strip is not required in the area within 4.5 metres from the front lot line;
|
|
| (J) | Despite 200.15, as amended, only the following regulations apply to accessible parking spaces:
|
|
| (i) | An accessible parking space must have the following minimum dimensions:
|
|
| (a) | length of 5.6 metres;
|
| (b) | width of 3.4 metres;
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| (c) | vertical clearance of 2.1 metres; and
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| (d) | the entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;
|
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| (ii) | Accessible parking spaces may be located anywhere within the underground parking level;
|
| (iii) | Clearly identified off street accessible parking spaces must be provided on the same lot as every building or structure erected or enlarged, if the total parking space requirement is 5 or more, in compliance with the following:
|
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| (a) | if the number of required parking spaces is 5 to 24, a minimum of 1 parking space must comply with the minimum dimensions for an accessible parking space;
|
| (b) | if the number of required parking spaces is 25 to 100, a minimum of 1 parking space for every 25 parking spaces or part thereof must comply with the minimum dimensions for an accessible parking space;
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| (c) | if the number of required parking spaces is more than 100, a minimum of 4 parking spaces plus 1 parking space for every 50 parking spaces
or part thereof in excess of 100 parking spaces, must comply with the minimum dimensions for an accessible parking space;
|
|
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| (K) | Despite regulation 200.5.10.1, parking spaces must be provided and maintained, in accordance with the following:
|
|
| (i) | 0.5 parking spaces for each one bedroom dwelling unit;
|
| (ii) | 0.75 parking spaces for each two or three bedroom dwelling unit;
|
| (iii) | 0.06 visitor parking spaces for each dwelling unit;
|
|
| (L) | Despite regulation 200.5.1.10(2), two obstructed parking spaces may have a width of 2.6 metres, and the remaining parking spaces are subject to regulation 200.5.1.10(2);
|
| (M) | Despite Regulations 230.5.10.1(5)(A), and 230.5.10.1(2), a minimum of 42 bicycle parking spaces must be provided and maintained for an
apartment building in accordance with the following:
|
|
| (i) | a minimum of 37 long-term bicycle parking spaces; and
|
| (ii) | a minimum of 5 short-term bicycle parking spaces;
|
|
| (N) | Despite regulations 230.40.1.20(1) and 230.5.1.10(9), a required "long-term" bicycle parking space for a dwelling unit in an apartment building may be located on any level of the building below-ground;
|
| (O) | A Type "G" loading space is to be provided on the lot;
|
| (P) | Regulation 40.10.90.40(1), with respect to access to loading space restrictions, does not apply;
|
| (Q) | Regulation 40.10.100.10(1), with respect to vehicle access restrictions, does not apply.
|
|
|
Prevailing By-laws and Prevailing Sections: None Apply.
[ By-law: 1075-2018 ] |
| (147) | Exception CR 147 |
| The lands, or a portion thereof as noted below, are subject to the following Site-Specific Provisions, Prevailing By-laws and Prevailing sections.
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | On 408 Brown's Line, if the requirement of By-law 1143-2018 are complied with, a building, or structure may be constructed in compliance with regulations (B) to (N) below;
|
| (B) | Despite regulation 40.5.40.10(1), the height of a building or structure is measured as the vertical distance between Canadian Geodetic Datum elevation of 102.85 metres and the highest point of the building or structure;
|
| (C) | Despite regulations 40.10.40.10(3), and 40.5.40.10, no part of any building or structure on the lands may exceed the heights specified by the numbers following the symbol HT as shown on Diagram 3 attached to By-law 1143-2018 except for the following:
|
|
| (i) | window washing equipment and lightning rods may project above the heights shown on Diagram 3 to a maximum of 2.0 metres
|
| (ii) | privacy screens, wind mitigation features, terrace dividers, cabanas, covered stairs or stair enclosures, fences, and trellises may project above the heights shown on Diagram 3 to a maximum of 2.75 metres;
|
| (iii) | heating and cooling units, towers, stacks and associated components, elevator shafts, make-up air units, emergency generator and lighting
fixtures may project above the heights as hown on Diagram 3 to a maximum of 2.0 metres;
|
| (iv) | parapets, railings, terraces, patios, planters, balustrades, bollards, stairs, safety railings, guard railings, accessory structures, chimneys, vents, stacks, and exhaust stacks, mechanical equipment and fans, retaining walls, wheelchair ramps, ornamental or architectural features,
structures and elements related to outdoor patios, roofing assembly, landscape features, garbage chutes and vents, and roofs may project above the height limit shown on Diagram 3 to a maximum of 1.5 metres; and
|
| (v) | elements of the roof of the building or structure used for green roof technology may project above the height limits shown on Diagram 3 to a
maximum of 0.6 metres;
|
|
| (D) | Despite clause 40.5.40.70 and regulations 40.10.40.60(1), 40.10.40.60(2), 40.10.40.60(5)(A) and 40.10.40.70 (3) the portions of a building or structure above ground must be located within the area delineated by heavy black lines on Diagram 3 attached to By-law 1143-2018 except the following:
|
|
| (i) | bay windows, lighting fixtures, cornices, architectural cladding or design features, sills, eaves, awnings, art installations and the structures, elements and enclosures permitted by (C) above to a maximum encroachment of 0.6 metres;
|
| (ii) | balconies and canopies can extend beyond the heavy black lines shown on Diagram 3 by no more than 2.0 metres; and
|
| (iii) | Despite 40.10.40.60(9) balcony railings/dividers/guards or related architectural details are permitted to project into the required 45 degree
angular plane to a maximum of 5 metres;
|
|
| (E) | Despite regulation 40.10.40.40(1), the maximum permitted gross floor area must not exceed 8,000 square metres:
|
|
| (i) | the maximum residential gross floor area must not exceed 7,700 square metres;
|
| (ii) | the maximum non-residential gross floor area must not exceed 280 square metres; and
|
| (iii) | the ground floor non-residential uses, which have a maximum gross floor area of 280 square metres, may be considered ancillary to the
mixed-use building;
|
|
| (F) | Despite regulation 40.50.40.40(3) for the purpose of calculating the gross floor area permitted on the lands, the following areas may also be excluded: garbage rooms and ground floor service areas associated with the commercial uses;
|
| (G) | Despite regulation 40.10.40.50(1) amenity space must be provided in accordance with the following:
|
|
| (i) | a minimum of 2 square metres per dwelling unit of outdoor amenity space;
|
| (ii) | a minimum of 2 square metres per dwelling unit of indoor amenity space; and
|
| (iii) | at least 40 square metres of the outdoor amenity space is in a location adjoining or directly accessible to the indoor amenity space;
|
|
| (H) | A maximum 81 dwelling units are permitted on the lot, of which a minimum of 6 percent must be three or more-bedroom units;
|
| (I) | Despite regulation 40.10.30.40(1) the maximum lot coverage is 72 percent;
|
| (J) | Despite the parking requirements outlined in Table 200.5.10.1, parking spaces must be provided and maintained as follows:
|
|
| (i) | 0.8 parking spaces for each bachelor dwelling unit, up to 45 square metres, and 1.0 parking space for each bachelor dwelling unit greater
than 45 square metres;
|
| (ii) | 0.9 parking spaces for each one-bedroom dwelling unit;
|
| (iii) | 1.0 parking spaces for each two-bedroom dwelling unit;
|
| (iv) | 1.2 parking spaces for each three or more bedroom dwelling unit; and
|
| (v) | 0.2 parking spaces for each dwelling unit for residential visitors;
|
|
| (K) | One Type "G" loading space is required with the following minimum dimensions:
|
|
| (i) | Width of 4.0 metres
|
| (ii) | Length of 13.0 metres
|
| (iii) | Vertical clearance of 6.1 metres;
|
|
| (L) | Despite section 200.15.15.4, four accessible parking spaces must be provided on site;
|
| (M) | An eating establishment must be set back at least 23.0 metres from a lot in the Residential Zone Category or Residential Apartment Zone Category;
|
| (N) | The following noise mitigation measures are to be secured as part of this development:
|
|
| (i) | The facades, windows and balconies should be upgraded with higher insulation or products rated with noise attenuation such as using double glazed and air space windows, increasing wall thickness with interior gypsum board, and airtight balcony doors or enclosed balconies on the western elevation facing Brown's Line. [ By-law: 1143-2018 ]
|
|
|
| (148) | Exception CR 148 |
| The lands, or a portion thereof as noted below, are subject to the following Site-Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 150 Eglinton Avenue East, if the requirements of Section 5 and Schedule A of By-law 1216-2018 are complied with, none of the provisions of regulations 40.10.40.10(2) and 40.10.40.40(1) apply to prevent the use or erection of a mixed-use building if it complies with (B) to (T) below;
|
| (B) | Prevailing Sections 12(2)118, 12(2)119 and 12(2)270(a) of former City of Toronto By-law 438-86 do not apply;
|
| (C) | Despite regulations 5.10.40.70(1) and 40.10.40.70(2), the above grade portion of a building or structure must be located entirely within the area delineated by heavy lines shown on Diagram 3 of By-law 1216-2018;
|
| (D) | Despite regulations 40.10.40.60 and (C) above, the following elements are permitted to encroach beyond the heavy lines shown on Diagram 3 of By-law 1216-2018 to a maximum of 2.6 metres:
|
|
| (i) | balconies, cornices, lighting fixtures, window washing equipment, awnings, canopies, finials, parapets, terraces, terrace guards, platforms ornamental or architectural elements, trellises, eaves, window sills, bay windows, canopies, guardrails, balustrades, railings, wind mitigation screens and features, planters, monuments, arbours, patios, decorative features, stairs, stair enclosures, stair landings, supportive columns, wheel chair ramps, vents, stacks, wind screens and features, acoustic screens and features, underground garage ramps and their associated structures, underground garage stair enclosures, retaining walls, fences, screens, weather protection canopies, and landscape and public art features;
|
|
| (E) | Despite regulation 40.5.40.10(1) the height of the building or structure is the distance between Canadian Geodetic Datum elevation of 162.13 metres and the elevation of the highest point of the building or structure;
|
| (F) | Despite regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the height in metres specified by the numbers following the symbol HT on Diagram 3 of By-law 1216-2018;
|
| (G) | Despite regulation 40.10.40.10(7), the permitted maximum number of storeys of a building or structure on the lot is the numerical value following the letters ST on Diagram 3 of By-law 1216-2018;
|
| (H) | Despite 40.5.40.10(3)-(7) and (F) above, the following elements may project above the heights specified by the numbers following the symbol HT on Diagram 3 of By-law 1216-2018;
|
|
| (i) | a parapet, roof drainage, thermal insulation or roof ballast, to a maximum of 1.8 metres;
|
| (ii) | safety railings and fences to a maximum of 1.8 metres, and having a maximum combined vertical dimension with (i) above of 2.75 metres; and
|
| (iii) | structures on the roof of any part of the building used for outside or open air recreation, green roof elements, wind mitigation elements, landscape features, architectural elements, elevator overruns, public art features, telecommunications equipment and antennae, window washing equipment, stair towers, partitions dividing outdoor recreation areas, trellises or a fence, planters, landscape features, walls or structures enclosing such elements, lightning rods and exhaust flues, swimming pools (elevated or otherwise), structures housing pool or spa maintenance or operational equipment, to a maximum of 4.0 metres;
|
|
| (I) | Within the portion of the building labelled ST= 7 on Diagram 3 of By-law 1216-2018; one storey must be provided exclusively for bicycle parking spaces;
|
| (J) | Despite regulation 40.5.40.40(3) any area used for public parking may be reduced from the area used for the calculation of gross floor area for a mixed use building;
|
| (K) | Despite regulation 40.10.40.40(1) the permitted maximum building gross floor area is 45,910 square metres;
|
| (L) | A minimum of 8,500 square metres of the gross floor area permitted in (K) above, must be for office use;
|
| (M) | A maximum of 429 dwelling units are permitted, of which:
|
|
| (i) | a minimum 30 percent of dwelling units must contain at least two-bedrooms; and
|
| (ii) | a minimum 10 percent of dwelling units must contain at least three-bedrooms;
|
|
| (N) | Despite regulation 40.10.40.50(1) a minimum of 950 square metres of indoor amenity space and 970 square metres of outdoor amenity space must be provided;
|
| (O) | Despite clause 220.5.10.1, 1 Type "G", 1 Type "B", and 2 Type "C" loading spaces must be provided;
|
| (P) | Despite clause 200.5.10.1 the minimum number of required parking spaces is:
|
|
| (i) | A minimum of 130 parking spaces for the dwelling units;
|
| (ii) | A minimum of 103 parking spaces to be shared by the residential visitors and non-residential uses; and
|
| (iii) | For each car-share parking space provided, the minimum number of parking spaces required by (i) above shall be reduced by 4 parking spaces up to a maximum of 10 car-share parking spaces;
|
|
| (Q) | Despite regulation 40.5.80.1(1) parking spaces required in (P)(ii) above may be located within a public parking garage and may be available on a first-come-first-serve basis;
|
| (R) | Despite regulation 200.5.1.10(2), a maximum of 10 parking spaces may have a minimum width of 2.4 m, a minimum length of 5.4 m, and a minimum height of 1.7 metres with or without obstructions;
|
| (S) | Despite regulation 200.5.1.10(12)(A) the vehicle entrance and exit for a two-way driveway into and out of the building must have a minimum width of 5.0 metres;
|
| (T) | Despite regulation 230.5.1.10(4) the platform of a stacked bicycle parking space may have minimum dimensions of 0.5 metres by 1.6 metres, and a minimum vertical clearance for each space of 1.2 metres;
|
| (U) | Regulation 40.10.20.100(8), relating to the access condition for public parking, does not apply;
|
| (V) | Regulation 40.10.50.10(3), relating to landscaping requirement if abutting a lot in the Residential or Residential Apartment Zone Category, does not apply;
|
| (W) | Regulation 40.10.90.40(2), relating loading restrictions if adjacent to a lot in a Residential Zone Category or Residential Apartment Zone Category, does not apply;
|
| (X) | Regulation 40.10.100.10.(2), relating access to parking areas if adjacent to a Lot in a Residential Zone Category or Residential Apartment Zone Category, does not apply;
|
| (Y) | Regulation 230.5.1.10.(9), relating to the long term location, does not apply; and
|
| (Z) | Despite the provisions of By-law 569-2013, as amended, and By-law 1216-2018 a temporary sales office shall be permitted on the lot.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Sections 12(2)118 of former City of Toronto By-law 438-86
|
| (B) | 12(2)119 of former City of Toronto By-law 438-86
|
| (C) | 12(2)270(a) of former City of Toronto By-law 438-86 [ By-law: 1216-2018 ]
|
|
| (149) | Exception CR 149 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(40) of former North York zoning by-law 7625.
|
|
| (150) | Exception CR 150 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 27972.
|
|
| (152) | Exception CR 152 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions.
|
|
Site Specific Provisions: |
|
| (A) | On 2180 Lawrence Avenue East, if the requirements of Section 5 and Schedule A of By-law 1137-2018 are complied with, a building or
structure is permitted if it complies with the following regulations;
|
| (B) | Despite the permitted uses listed in Regulations 40.10.20.10(1) and 40.10.20.10(2), the only uses permitted from those lists are: Dwelling Units in a building type permitted by Clause 40.10.20.40., Art Gallery, Artist Studio, Automated Banking Machine, Community Centre,
Custom Workshop, Eating Establishment, Home Occupation, Library, Massage Therapy, Municipal Shelter, Office, including Medical and Dental Office, Outdoor Patio, Park, Personal Service Shop, Pet Services, Private Home Daycare, Retail Store, Religious Education Use, Renewable Energy, Retail Store, Retail Service, Take-out Eating Establishment and Wellness Centre;
|
| (C) | A maximum gross floor area for all uses of 24,000.0 square metres is permitted;
|
| (D) | Permitted non-residential uses are only permitted within Building 'A', if the total gross floor area of all these uses does not exceed a maximum of 565 square metres;
|
| (E) | Despite (B) and (C) above, one temporary residential sales pavilion is permitted prior to completion and first residential occupancy of Building 'A', if all applicable regulations are complied with;
|
| (F) | Despite the Coverage Overlay Map in Section 995.30.1, the maximum permitted lot coverages as a percentage of the lot area are:
|
|
| (i) | Buildings 'A' and 'B': 25.5 percent of the area of the lot for both buildings combined; and
|
| (ii) | Buildings 'C' and 'D' and ancillary buildings: 11.0 percent of the area of the lot for all buildings combined; [ By-law: 632-2021 ]
|
|
| (G) | Despite the Height Overlay Map in Section 995.20.1 and Regulation 40.5.40.10(2), (4) and (5), the maximum permitted height is:
|
|
| (i) | Building 'A': Maximum height of 21 storeys (excluding items listed in regulation 40.5.40.10(4)(B) and (C)) and 73.0 metres (including items listed in regulation 40.5.40.10(4)(B) and (C)), except maximum height of the podium base -building is 7 storeys and 25.0 metres;
|
| (ii) | Building 'B': Maximum height of 7 storeys (excluding items listed in regulation 40.5.40.10(4)(B) and (C)) and 27.5 metres (including items
listed in regulation 40.5.40.10(4)(B) and (C)); and
|
| (iii) | All other buildings: 3 storeys (excluding basements, underground parking structures, and enclosed stairwells to access the roof including mechanical room) and 14.5 metres; [ By-law: 632-2021 ]
|
|
| (H) | Despite Regulation 40.10.40.10(5), the minimum height of the first storey for Building 'B' is 4.0 metres;
|
| (I) | Regulation 40.10.40.10(5) does not apply to Buildings 'C' and 'D'; [ By-law: 632-2021 ]
|
| (J) | The permitted maximum gross floor area of each storey in Building 'A' more than 7 storeys above grade is 545 square metres;
|
| (K) | A maximum of 429 dwelling units are permitted, of which:
|
|
| (i) | A maximum 384 dwelling units must in Buildings 'A' and 'B'; and
|
| (ii) | A maximum 45 dwelling units must be in Buildings 'C' and 'D'; [ By-law: 632-2021 ]
|
|
| (L) | Despite Regulation 40.10.40.50(1), amenity space must be provided for Building 'A' and Building 'B' at a minimum rate of 4.0 square metres for each dwelling unit, of which:
|
|
| (i) | A minimum 2.0 square metres per dwelling unit is indoor amenity space, and:
|
|
| (a) | at least one amenity space area contains a kitchen and washroom;
|
| (b) | at least one amenity space area is adjoining and directly accessible to a minimum of 40.0 square metres of outdoor amenity space;
and
|
| (c) | the indoor amenity space may be provided solely within Building 'A' to be shared by residents of Building 'B', if such amenity space is completed and available for use prior to first residential occupancy of Building 'B';
|
|
| (ii) | A minimum 2.0 square metres per dwelling unit is outdoor amenity space;
|
|
| (M) | Despite Regulation 40.10.40.70(2), the following minimum building setback requirements apply:
|
|
| (i) | 3.5 metres from the Lawrence Avenue East street line for Building 'A', plus an additional 3.0 metres building setback above the seventh
storey, and 4.0 metres for Building 'E';
|
| (ii) | 1.4 metres from the Birchmount Road street line for Building 'A', plus an additional 3.0 metre building setback above the seventh storey,
and a further 6.6 metre building setback for the building elements listed in Regulation 40.5.40.10(4)(B) and (C);
|
| (iii) | 3.0 metres from the Birchmount Road street line for Building 'B', plus an additional 2.0 metre building setback above the fifth storey, and a further 1.8 metres building setback for the building elements listed in Regulation 40.5.40.10(4)(B) and (C);
|
| (iv) | 3.0 metres from the Dulverton Road street line for Building 'B' plus an additional 7.0 metre building setback above the fifth storey and a further 22.0 metres building setback for the building elements listed in regulation 40.5.40.10(4)(B) and (C);
|
| (v) | Despite (iii) and (iv) above, a minimum 1.5 metre building setback is required from the Birchmount Road/Dulverton Road street line corner
rounding;
|
| (vi) | 4.0 metres from the Dulverton Road street line for Building 'C';
|
| (vii) | 12.0 metres from the east lot line for Building 'D'; [ By-law: 632-2021 ]
|
| (viii) | 6.0 metre building setback from an Open Space Zone (O); and
|
| (ix) | For underground parking structures, a minimum 1.0 metre building setback from any street line or an Open Space Zone (O), and minimum
12.0 metre building setback from the east lot line;
|
|
| (N) | Regulation 40.10.40.70(2)(E) does not apply to Building 'D' in regard to angular plane requirements abutting an Open Space Zone (O);
|
| (O) | Regulation 40.10.40.70(4) does not apply to dwelling units located in the first storey of Building 'B';
|
| (P) | Despite Regulation 40.10.40.80(2), minimum required main wall building separations are:
|
|
| (i) | Between Building 'A' and Building 'B', excluding one storey building linkage (connecting corridor) and balconies: 8.0 metres;
|
| (ii) | Between Building 'A' and Building 'D': 21.0 metres; and
|
| (iii) | Between Building 'B' and Building 'C': 8.7 metres; [ By-law: 632-2021 ]
|
|
| (Q) | Despite Clause 40.10.40.60, balconies and/or sills with railings may encroach a maximum of 0.3 metres into required building setbacks
from the street line for Building 'A' below the eighth storey, and from the street line for Building 'B' below the sixth storey;
|
| (R) | Despite Regulation 40.10.50.10(3), a minimum 5.8 metre wide strip of land used only for soft landscaping must be provided along the part of the lot line abutting a Residential Multiple Dwelling Zone (RM);
|
| (S) | Despite Clause 220.5.10.1, 1 Type "G" loading space is required, and may be shared by both Building 'A' and Building 'B';
|
| (T) | Despite Regulation 970.10.15.5(5), parking spaces must be provided as follows: [ By-law: 89-2022 ]
|
| (U) | Where referenced in this Exception, the following terms mean:
|
|
| (i) | Building 'A': An apartment building located within 30 metres of the Lawrence Avenue East street line and within 66 metres of the Birchmount
Road street line;
|
| (ii) | Building 'B': An apartment building located within 24 metres of the Birchmount Road street line and within 48 metres of the Dulverton Road
street line; and
|
| (iii) | Buildings 'C' and 'D': Apartment buildings where each dwelling unit has a separate entrance directly from outside; [ By-law: 632-2021 ]
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1137-2018 ] |
| (153) | Exception CR 153 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-laws 29896, 30943 and 32026.
|
|
| (154) | Exception CR 154 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(90), former North York zoning by-law 7625.
|
|
| (155) | Exception CR 155 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(10), former North York zoning by-law 7625.
|
|
| (156) | Exception CR 156 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 187-193 Parliament Street, if the requirements of Section 5 and Schedule A of By-law 1186-2018 are complied with, none of the provisions of 40.5.40.70(1)(A), 40.10.40.10(2), 40.10.40.40(1), 600.10, 600.10.10 and 900.11.10(2283) apply to prevent the erection or use of a mixed-use building that complies with (B) to (Q) below;
|
| (B) | Despite regulations 5.10.40.70(1) and 40.10.40.70(2), a building or structure must be located entirely within the area delineated by heavy lines shown on Diagram 3 of By-law 1186-2018;
|
| (C) | Despite clause 40.10.40.60 and (B) above, the following are permitted to encroach into the required building setbacks shown on Diagram 3 of By-law 1186-2018:
|
|
| (i) | architectural features, awnings, balconies, balustrades, canopies, cornices, doors, eaves, light fixtures, ornamental elements, parapets, trellises, stairs, stair enclosures, and window sills may encroach to a maximum of 0.3 metres; and
|
| (ii) | dog run areas, gas meter enclosures, intake grates from parking levels, landscape features, railings, underground garage ramps, ventilation shafts, walls of an underground garage; wheel chair ramps, and associated structures may encroach to a maximum of 2.1 metres;
|
|
| (D) | Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 84.50 metres in the year 2017 and the elevation of the highest point of the building or structure;
|
| (E) | Despite regulation 40.10.40.10(2), no portion of the building may exceed the height in metres specified by the numbers following the symbol "HT" on Diagram 3 of By-law 1186-2018;
|
| (F) | Despite article 40.5.40.10 and (E) above, the following building elements and structures are permitted to project above the heights shown on Diagram 3 of By-law 1186-2018:
|
|
| (i) | fence, green roof elements, landscaping, parapet wall, privacy screen, safety railing, stair enclosures, stairs, terraces and trellises may project a maximum of 1.2 metres; and
|
| (ii) | elevator shaft, mechanical equipment, enclosed mechanical service areas, acoustic screens, and access ladders may project a maximum of
5.0 metres;
|
|
| (G) | Despite regulations 40.10.20.100(45), 150.5.20.1(1) and (6), and section 800.50(345), a home occupation within a dwelling unit:
|
|
| (i) | may have employees in the dwelling unit who are not the business operator; and
|
| (ii) | does not have to be the principal residence of the business operator for the dwelling unit;
|
|
| (H) | Despite regulations 40.10.40.1(1):
|
|
| (i) | the following uses may be provided in combination with a dwelling unit: office, artist studio, production studio, custom workshop, software
development and processing, research and development institute, and personal service shop; and
|
| (ii) | a place of assembly may be located above a dwelling unit;
|
|
| (I) | Despite regulations 40.10.40.40(1), 40.10.20.100(1) and 40.10.20.100(17) the maximum gross floor area on the lot must not exceed 9,200 square metres, as follows:
|
|
| (i) | a maximum of 500 square metres may be for retail store or retail service uses; and
|
| (ii) | a maximum of 30 dwelling units are permitted;
|
|
| (J) | Despite regulation 40.10.40.50(1), amenity space must be provided as follows:
|
|
| (i) | at least 60 square metres of indoor amenity space; and
|
| (ii) | at least 60 square metres of outdoor amenity space;
|
|
| (K) | Despite regulation 40.10.40.80(2)(B), windows are permitted on Levels 8-10 of the north elevation;
|
| (L) | Despite regulation 200.5.10.1(1) parking spaces must be provided on the lot in accordance with the following:
|
|
| (i) | a minimum of 0.6 parking spaces for each dwelling unit for occupants;
|
| (ii) | a minimum of 0.1 parking spaces for each dwelling unit for visitors;
|
| (iii) | a minimum of 0.35 parking spaces for each 100 square metres of gross floor area for office uses;
|
| (iv) | a minimum of 0.1 parking space for each 100 square metres of gross floor area for retail store or retail service uses; and
|
| (v) | a minimum of 2.5 parking spaces for each 100 square metres of gross floor area for place of assembly uses;
|
|
| (M) | Despite regulations 220.5.10.1(3) and (5), a minimum of two "Type B" and two "Type C" loading spaces must be provided on the lot;
|
| (N) | Despite clause 40.10.90.40(2), access to a loading space may be provided via Anna Hilliard Lane;
|
| (O) | Despite clauses 40.10.20.100(8) and 40.10.100.10(2), access to a parking space may be provided via Anna Hilliard Lane, which is not within a CR Zone;
|
| (P) | Despite regulation 230.5.1.10(8), "short term" bicycle parking spaces may be provided on the City boulevard adjacent to the lot;
|
| (Q) | Regulation 40.10.50.10(3) with respect to landscaping when abutting a lot in a Residential or Residential Apartment Zoning does not apply.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1186-2018 ] |
| (157) | Exception CR 157 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 1982-1984 Yonge Street, if the requirements of Section 10 and Schedule A of By-law 1224-2018 are complied with, none of the provisions of regulations 40.10.40.10(2) and 40.10.40.40(1) apply to prevent the use of erection of a mixed-use building if it complies with (B) to (O) below;
|
| (B) | Despite regulation 40.10.40.40(1), the maximum permitted gross floor area of all buildings and structures must not exceed 3,300 square metres, of which:
|
|
| (i) | The total residential gross floor area must not exceed 2,700 square metres; and
|
| (ii) | The total non-residential gross floor area must not exceed 600 square metres;
|
|
| (C) | Despite regulation 40.5.40.10(1), the height of a building is measured from the Canadian Geodetic Datum elevation of 156.18 metres;
|
| (D) | Despite regulation 40.10.40.10(2), the permitted maximum height is as shown on Diagram 7 of By-law 1224-2018;
|
| (E) | Despite Regulation 40.5.40.10 (4) and (C) above the following elements of a building may exceed the maximum height as follows:
|
|
| (i) | Canopies, lightning rods, window washing equipment, satellite dishes, eaves, screens, landscape and ornamental features, trellises, cabanas, light fixtures, antennae, flag poles, associated mechanical equipment overrun, elevator/stair overrun and garbage chute overruns rods may project above the height limits shown on Diagram 7 of By-law 1224-2018 by no more than 4.0 metres;
|
| (ii) | Wind mitigation, vents, roof access, solar panels, mechanical exhausts, flues, fans, chimneys, and parapets around the mechanical elements on the rooftop may project above the height limits shown on Diagram 7 of By-law 1224-2018 by no more than 2.0 metres;
|
| (iii) | Terrace and balcony dividers/privacy screens may project above the height limits shown on Diagram 7 of By-law 1224-2018 by no more than 2.5 metres;
|
| (iv) | Guardrails, railings, retaining walls, wheelchair ramps, roofing assembly and drainage, elements of green roof, parapets, cornices, balustrades, bollards, landscape and ornamental features may project above the height limits shown on Diagram 7 of By-law 1224-2018 by no more than 1.5 metres;
|
|
| (F) | Despite Regulation 40.5.40.10(5), a mechanical penthouse may occupy the entire "Mechanical Penthouse Area" as illustrated on Diagram 7 of By-law 1224-2018;
|
| (G) | Minimum building height stepbacks must be provided as shown on Diagram 7 of By-law 1224-2018;
|
| (H) | Despite Regulation 40.5.40.70 and 40.10.40.70 (2), minimum building setbacks must be provided as shown on Diagram 7 of By-law 1224-2018;
|
| (I) | Despite Regulations 40.5.40.60 (1) and 40.10.40.60 and (G) above:
|
|
| (i) | Canopies, lightning rods, window washing equipment, satellite dishes, eaves, screens, landscape and ornamental features, trellises, cabanas, light fixtures, antennae, and flag poles may project into the required building setback shown in Diagram 7 of By-law 1224-2018 by no more than 0.6 metres; and
|
| (ii) | Cornices, lighting features, trellises, eaves, window sills, guardrails, balustrades, railings, vents, and balconies above a height of 14 metres may project into the required building setback shown in Diagram 7 of By-law 1224-2018 by no more than 1.5 metres;
|
| (iii) | awnings, screens, and landscape and ornamental elements may project into the required building setback shown in Diagram 7 of By-law 1224-2018 by no more than 3.0 metres;
|
|
| (J) | Despite Regulation 40.10.40.50, the minimum of 60 square metres of indoor amenity space and 60 square metres of outdoor amenity space must be provided and maintained on the lot;
|
| (K) | Despite 40.10.40.1(1) all residential use portions of the building must be located above non-residential use portions of a building, other than following:
|
|
| (i) | the residential lobby access, residential garbage room and associated corridors;
|
| (ii) | for clarity, the non-residential uses at the eighth and ninth storey of this building do not otherwise prevent residential uses at or below the ninth storey subject to (A) above;
|
|
| (L) | Dwelling units are not permitted on the first storey of the building or any floor below-ground;
|
| (M) | Despite regulation 230.5.1.10(1), 230.5.1.10(9), 230.5.10.1(1), 36 bicycle parking spaces must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | Minimum 30 bicycle parking spaces for residential dwelling units may be located on the first storey of the building or on the first level below-ground; and
|
| (ii) | Minimum of 6 short-term bicycle parking spaces may be located at ground level;
|
|
| (N) | Despite Table 200.5.10.1, 40.5.80.1(1) and 200.5.10.1(1) there is no minimum parking space requirement for dwelling units, visitor or non-residential uses;
|
| (O) | A minimum of two car-share parking spaces, being a parking space that is reserved for car-share purposes, shall be provided. Car-share means the practice where a number of people share the use of one or more motor vehicles. Such car-share motor vehicles shall be made available for short term rental, including hourly rental. Car-share operators may require that the car-share motor vehicles be reserved in advance, charge fees based on time and/or kilometers driven, and set membership requirements of the car-sharing operator, including the payment of a membership fee that may or may not be refundable.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1224-2018 ] |
| (158) | Exception CR 158 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | Despite regulation 40.10.40.40(1) the total permitted maximum gross floor area of all buildings and structures must not exceed 8,228 square metres;
|
| (B) | Despite regulation 40.5.40.10(1) and (2), the height of the building is measured from the Canadian Geodetic Datum elevation of 117.60 metres;
|
| (C) | The permitted maximum height of a building or structure is as shown on Diagram 3 of By-law 513-2019;
|
| (D) | The main wall of each level of the building must be set back from the main wall of the height level of the building below it as shown on Diagram 3 of By-law 513-2019;
|
| (E) | Despite regulations 40.5.40.70(1)(B), 40.10.40.70(2), 40.10.40.80(2), 40.10.40.80(4) and 40.10.40.80(2), the required minimum building setbacks for all buildings or structures are as shown on Diagram 3, attached to By-law 513-2019;
|
| (F) | Despite (C) above and regulations 40.5.40.10(3), (4), (5), (6), and (7), the following elements of a building may project above the permitted maximum height in Diagram 3 of By-law 513-2019 as follows:
|
|
| (i) | Wind screens, elevator overruns, mechanical equipment, parapets, guard rails, railings and dividers, pergolas, trellises, balustrades, screens, stairs, roof drainage, window washing equipment, chimneys, vents, lightning rods, light fixtures, elements of a green roof, by not more than 2.0 metres;
|
|
| (G) | Despite regulations 5.10.40.70(1), 5.10.40.70(2), 40.5.40.60(1) and 40.10.40.60, the following may encroach into the required minimum building setbacks in Diagram 3 of By-law 513-2019 as follows:
|
|
| (i) | Ornamental elements, pillars, trellises, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, wheelchair ramps, screens, awnings and canopies by not more than 1.5 metres; and
|
| (ii) | Cornices, light fixtures, eaves, window sills, and awnings by not more than 0.3 metres;
|
|
| (H) | Despite regulation 200.5.10.1(1) and (2) and the parking rates in Table 200.5.10.1, parking spaces on the lot must be provided and maintained in accordance with the following:
|
|
| (i) | A minimum of 39 parking spaces for the residents of the dwelling units; and
|
| (ii) | A minimum of 8 visitor parking spaces must be provided, of which a maximum of 2 may be car-share parking spaces;
|
|
| (I) | Despite Clause 200.15.1, regulations 200.15.1.5(1), 200.15.10(1) and By-law 579-2017, accessible parking spaces must be provided as follows:
|
|
| (i) | Of the required parking spaces under (H) a minimum of 2 accessible parking spaces must be provided in the underground parking garage;
|
| (ii) | An accessible parking space must have the following minimum dimensions:
|
|
| (a) | length of 5.6 metres;
|
| (b) | width of 3.9 metres; and
|
| (c) | vertical clearance of 2.1 metres;
|
|
| (iii) | Accessible parking spaces must be the parking spaces closest to a barrier free:
|
|
| (a) | entrance to a building; or
|
|
| (iv) | The entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;
|
|
| (J) | Despite 220.5.10.1, a minimum of one Type "G" loading space must be provided and maintained on the lot;
|
| (K) | Regulation 40.10.100.10(1)(C) regarding vehicle access does not apply;
|
| (L) | Despite regulation 220.5.20.1(2), the access ramp to the underground parking garage and the internal ramp within the parking garage must be provided in accordance with the following standards:
|
|
| (i) | Must not exceed a maximum slope of 15.0 percent; and
|
| (ii) | Incorporate transition areas at the top and bottom which have maximum slopes of 7.5 percent over a minimum distance of 3.0 metres;
|
|
| (M) | Despite Clause 40.10.40.50, amenity space must be provided and maintained on the lot as follows:
|
|
| (i) | Minimum of 262 square metres of indoor amenity space;
|
| (ii) | Minimum of 146 square metres of outdoor amenity space, which will be provided in a location adjoining or directly accessible to the indoor amenity space; and
|
| (iii) | None of the outdoor amenity space is to be provided on the green roof; and
|
|
| (N) | Despite any future severance, partition or division of the lot as shown on Diagram 1 of By-law 513-2019, the provisions of this By-law apply to the lot as if no severance, partition or division occurred.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 513-2019 ] |
| (159) | Exception CR 159 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 64.23(31) of North York zoning by-law 7625.
|
|
| (162) | Exception CR 162 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | the lands shown as Blocks 2A, 4, 5, 5A, and 7 on Diagram 5 of By-law 1214-2019(LPAT), may be used, and buildings and structures may be erected and used, in compliance regulations (B) through (DDD), provided the following are met:
|
|
| (i) | The requirements of Schedule A of By-law 1214-2019(LPAT);
|
| (ii) | Prior to the lifting of the (H) symbol on Block 2A, as shown on Diagram 2 of By-law 1214-2019(LPAT), the only use and construction that may occur on the Block must be in accordance with Section 17 of By-law 1214-2019(LPAT);
|
| (iii) | Prior to the lifting of the (H) symbol on Block 4, as shown on Diagram 2 of By-law 1214-2019(LPAT), the only use and construction that may occur on the Block must be in accordance with Section 15 of By-law 1214-2019(LPAT); and
|
| (iv) | Prior to the lifting of the (H) symbol on Blocks 5 and 7, as shown on Diagram 2 of By-law 1214-2019(LPAT), the only use and construction that may occur on those Blocks must be in accordance with Section 16 of By-law 1214-2019(LPAT);
|
|
| (B) | in addition to the permitted uses listed in regulation 40.10.20.10(1), car-sharing and bike-sharing are permitted;
|
| (C) | for the purpose of this Exception:
|
|
| (i) | Car-sharing means the practice whereby a number of people share the use of one or more motor vehicles and such car-share motor vehicles are made available for short term rental, including hourly rental;
|
| (ii) | Car-sharing parking space means a parking space exclusively reserved and signed for a car or cars used only for car-share purposes;
|
| (iii) | Bike-sharing means the practice whereby a number of people share the use of one or more bicycles, which are made available for short term rental, including hourly rental; and
|
| (iv) | A bike-sharing station means a bicycle sharing facility where bicycles are capable of being securely stored and from which the general public may rent and return bicycles which are owned by a private sector organization or non-profit organization;
|
|
| (D) | despite regulation 40.10.20.20(1), the following additional uses are permitted if they comply with the specific conditions associated with the reference number(s) for each use in Clause 40.10.20.100 as referred to below:
|
|
| (i) | Non-residential uses:
|
|
| (a) | Eating establishments (1, 33); and
|
| (b) | Take-out Eating Establishment (1);
|
|
| (ii) | Residential uses:
|
|
| (a) | Private Home Daycare (44);
|
| (b) | Secondary Suite (58); and
|
| (c) | Seniors Community House (42);
|
|
|
| (E) | despite Clause 40.10.20.40 apartment buildings and mixed-use buildings are permitted building types for dwelling units;
|
| (F) | despite regulation 40.10.20.100(20), the outdoor sale or display of goods or commodities is permitted if it is:
|
|
| (i) | Combined with another permitted non-residential use;
|
| (ii) | Not more than 250 square metres on any Block shown on Diagram 5 of By-law 1214-2019(LPAT);
|
| (iii) | Not located in areas required for parking, loading, driveways or landscaping; and
|
| (iv) | Not in a vehicle;
|
|
| (G) | despite regulations 40.10.20.20(1) and 40.10.20.100(21)(A), an outdoor patio must be in association with a permitted use;
|
| (H) | despite any regulation to the contrary, a portion of a building on Blocks 4 and 7, as shown on Diagram 5 of By-law 1214-2019(LPAT), may be used for parking spaces, bicycle parking spaces, loading spaces, service, access and/or mechanical equipment that serve the users of Blocks 6A, 6B, 1A and 1B, as shown on Diagram 5 of By-law 1214-2019(LPAT);
|
| (I) | despite any regulation to the contrary, a portion of a building on Blocks 2A, 2B and 5, as shown on Diagram 5 of By-law 1214-2019(LPAT), may be used for parking spaces, bicycle parking spaces, loading spaces, service, access and/or mechanical equipment that serve the users of Blocks 2A, 2B and 5; and
|
| (J) | for the purpose of this Exception, a bicycle is not a vehicle;
|
| (K) | despite Clause 40.10.40.40, the permitted maximum gross floor area on Blocks 2A, 4, 5, 5A and 7, as shown on Diagram 5 of By-law 1214-2019(LPAT), is:
|
|
| (i) | on Block 2A:
|
|
| (a) | 19,000 square metres may be used for residential purposes; and
|
| (b) | a maximum of 8,705.0 square metres may be used for non-residential purposes, if the total gross floor area of non-residential uses on Blocks 2A and 2B is not more than 42,250 square metres;
|
|
| (ii) | 30,860.0 square metres on Block 4, of which a maximum of 30,000.0 square metres may be used for residential purposes;
|
| (iii) | 25,480.0 square metres on Block 5 of which a maximum of 24,800.0 square metres may be used for residential purposes;
|
| (iv) | 28,000.0 square metres on Block 5A of which a maximum of 25,900.0 square metres may be used for residential purposes; and
|
| (v) | 68,100.0.0 square metres on Block 7 of which a maximum of 66,000.0 square metres may be used for residential purposes;
|
|
| (L) | despite (K)(iv) above, if a nursing home is included on Block 5A, as shown on Diagram 5 of By-law 1214-2019(LPAT), the permitted maximum gross floor area is 33,000 square metres, of which a maximum of 30,900 square metres may be used for residential purposes;
|
| (M) | in addition to the provisions of regulations 40.5.40.40(3) and (5), the gross floor area of a mixed used building and an apartment building is reduced by the area of the building used for indoor amenity space;
|
| (N) | despite Clause 5.10.1.30 a dwelling unit may not be entirely below-ground;
|
| (O) | the permitted maximum number of dwelling units is
|
|
| (i) | 300 on Block 2A;
|
| (ii) | 410 on Block 4;
|
| (iii) | 333 on Block 5;
|
| (iv) | 390 on Block 5A; and
|
| (v) | 922 on Block 7;
|
|
| (P) | no building may be erected or used on Blocks 2A, 4, 5, 5A and 7, as shown on Diagram 12 of By-law 1214-2019(LPAT) and identified as Street Related Active Uses, unless a minimum of 70 percent of the length of the portion of the main wall facing the Street Related Active Uses frontage at the first storey above-ground is occupied by residential lobbies, amenity space and/or permitted non-residential uses, excluding areas used for ancillary purposes such as parking, loading or service areas, bicycle parking, storage rooms, washrooms, electrical, utility and mechanical rooms, garbage rooms, exit stairwells;
|
| (Q) | vehicle access from Blocks 2A, 4, 5, 5A and 7 to the Future Private Street, as shown on Diagram 12 of By-law 1214-2019(LPAT), is not permitted along the frontage of the Block subject to Street Related Active Uses;
|
| (R) | despite Clause 40.10.40.10, the permitted maximum height in metres, measured from the average elevation of the ground along the front lot line to the highest point of a building or structure, is the numerical value in metres following the HT symbol on Diagrams 6 and 7 of By-law 1214-2019(LPAT);
|
| (S) | for the purpose of this Exception, the phrase "average elevation of the ground along the front lot line" and the term established grade, for the Blocks shown on Diagram 5 of By-law 1214-2019(LPAT), is the Canadian Geodetic Datum elevation of:
|
|
| (i) | 132.96 metres for Block 2A;
|
| (ii) | 130.36 metres for Block 4;
|
| (iii) | 131.98 metres for Block 5;
|
| (iv) | 133.30 metres for Block 5A; and
|
| (v) | 128.86 metres for Block 7;
|
|
| (T) | despite Clause 40.5.40.10, the following elements of a building may exceed the permitted maximum building height as follows:
|
|
| (i) | 0.9 metres for skylights, green roof elements and roof access hatch;
|
| (ii) | 1.5 metres for architectural features, parapets, railings and guard railings;
|
| (iii) | 1.8 metres for terrace dividers, privacy screens and window washing equipment;
|
| (iv) | 3.0 metres for wind screens, wind and mitigation structures, canopies, trellises, awnings and/or other similar shade devices and associated structures, outdoor amenity space elements including outdoor kitchens;
|
| (v) | 7.5 metres for elevator overruns, stairs, stair enclosures, vents, stacks, flues, chimneys, mechanical equipment and associated enclosures; and
|
| (vi) | the elements listed in Regulation (Z) below;
|
|
| (U) | despite (T)(v) above, where the entire above-ground portion of a building is four storeys or less, the following structures may exceed the permitted maximum building height as follows:
|
|
| (i) | 3.2 metres for elevator overruns, stairs, stair enclosures and roof top vestibules, mechanical equipment and associated enclosures; and
|
| (ii) | 1.5 metres for vents, stacks, flues and chimneys;
|
|
| (V) | the permitted maximum number of storeys in a building is the numerical value on Diagrams 6 and 7 of By-law 1214-2019(LPAT), following the ST symbol, excluding vestibules providing rooftop access having a maximum gross floor area of 12.0 square metres, mechanical penthouses, stair enclosures and elevator overruns;
|
| (W) | where the front door to a dwelling unit leads directly outside the building, the finished floor elevation of the front door sill must be no higher than:
|
|
| (i) | 1.2 metres above the level of the ground adjacent the front entrance to a dwelling unit, for 80 percent of the dwelling units on a Block shown on Diagram 5 of By-law 1214-2019(LPAT) which face a street or a park; and
|
| (ii) | 1.5 metres above the level of the ground adjacent the front entrance to a dwelling unit, for all other dwelling units on the same Block;
|
|
| (X) | with the exception of Block 5A as shown on Diagram 5 of By-law 1214-2019(LPAT), the permitted maximum height of Base Buildings , as shown on Diagrams 6 and 7 attached to By-law 1214-2019(LPAT), must be below a 45 degree angular plane projected over a Block, as drawn from the boundary of the Block which abuts a street, at an elevation above established grade equal to 80 percent of the width of the street;
|
| (Y) | despite Clause 40.10.40.70, the required minimum building setbacks for the portion of a building or structure above-ground are shown on Diagrams 6 and 7 of By-law 1214-2019(LPAT). A building setback is not required from a corner rounding at the intersection of two streets; and
|
| (Z) | despite regulation 5.10.40.70(1), and Clauses 40.5.40.60 and 40.10.40.60 the following elements of a building may encroach within a required building setback:
|
|
| (i) | 0.9 metres for architectural features such as cornices, piers, eaves, roof overhangs, mouldings, sills, scuppers, rain water leaders, window washing equipment, lighting fixtures and bay windows;
|
| (ii) | 1.5 metres for balconies and guard rails;
|
| (iii) | 2.0 metres for stoops, decks, porches, canopies, trellises, privacy screens, awnings and/or other similar shade devices and their associated structural elements, utility meters and associated enclosures, railings, vents and structures for wind mitigation;
|
| (iv) | 2.4 metres for retaining walls and stairs;
|
| (v) | Covered bicycle storage enclosures, ramps, garage ramps and associated structures; and
|
| (vi) | The elements listed in (T) above;
|
|
| (AA) | despite (Z)(ii) above, balconies are not permitted to project into a building setback for Base Buildings on the portion of Blocks 2A, 4, 5, 5A and 7 that abut a Street Related Active Uses frontage, as shown on Diagram 12 of By-law 1214-2019(LPAT),
|
| (BB) | despite Clause 40.10.40.80:
|
|
| (i) | If a building has main walls from which a line projected outward at a right angle from one of the main walls intercepts another main wall of the same building, the required minimum above-ground separation distance between those main walls, excluding main walls around architectural recesses in a main wall having a depth of 1.0 metres or less, inset balconies, and recessed building entrances, is:
|
|
| (a) | 5.5 metres if there are no windows and/or doors to dwelling units in one or more those main walls;
|
| (b) | 11.0 metres if each main wall has a window or a door to a dwelling unit; and
|
| (c) | light standards, eaves, roof overhangs, rainwater leaders, gutters, scuppers balconies, may encroach into a required separation distance;
|
|
| (ii) | If two or more buildings are located on the same Block and a line projected outward at a right angle from the main walls of one building intercepts the main wall of the other building, the required minimum above-ground separation distance between the main walls of the respective buildings is:
|
|
| (a) | 5.5 metres if there are no windows and/or doors to dwelling units in one or more those main walls;
|
| (b) | 11.0 metres if each main wall has a window and/or a door to a dwelling unit; and
|
| (c) | light standards, eaves, roof overhangs, rainwater leaders, gutters, scuppers balconies, may encroach into a required separation distance;
|
|
|
| (CC) | despite (BB) above, if the total height of a building above-ground is 14 metres or less, an above-ground main wall of that building must be separated from the above-ground main wall of another building by at least:
|
|
| (i) | 2.0 metres between side main walls;
|
| (ii) | 15.0 metres between front main walls;
|
| (iii) | 15.0 metres between rear main walls; and
|
| (iv) | Light standards, eaves, roof overhangs, rainwater leaders, gutters, scuppers balconies, may encroach into a required separation distance;
|
|
| (DD) | despite (BB) above, the required minimum separation distance between the main wall of a building or portion of a building containing residential uses and the main wall of any other building or portion of a building, excluding permitted projections in (Z) above, is 25.0 metres for the portion of a building:
|
|
| (i) | With a height greater than 35.0 metres on Block 5A, as shown on Diagram 5 of By-law 1214-2019(LPAT); and
|
| (ii) | With a height greater than 22.0 metres on Blocks 4, 5 and 7, as shown on Diagram 5 of By-1214-2019(LPAT);
|
|
| (EE) | despite (BB) above, the required minimum separation distance between the main wall of a building or portion of a building containing residential uses, and the main wall of any other building or portion of a building which has windows, is 15.0 metres for the portion of a building:
|
|
| (i) | With a height greater than 22.0 metres on Block 2A, as shown on Diagram 5 of By-law 1214-2019(LPAT), excluding permitted projections in Regulation (Z) above;
|
|
| (FF) | the maximum permitted tower floor plate is:
|
|
| (i) | 750 square metres for the portion of the building above the permitted maximum height of the Base Building shown on Diagrams 6 and 7 of By-law 1214-2019(LPAT), and located on Blocks 2A, 4, 5 and 7, as shown on Diagram 5 of By-law 1214-2019(LPAT); and
|
| (ii) | 800 square metres for the portion of the building above a height of 35.0 metres and located on Block 5A, as shown on Diagram 5 of By-law 1214-2019(LPAT);
|
|
| (GG) | for the purpose of this Exception, tower floor plate means the area of a floor of a building measured from the main walls, but excluding inset and projecting balconies;
|
| (HH) | subject to the permitted encroachments:
|
|
| (i) | If a building has more than 10 storeys above established grade, the portion of the main wall of the building facing a street or park, above the 6th storey, must set back at least 5.0 metres from the main wall of the building at or below the 6th storey and facing the same street or park;
|
| (ii) | If a building has 10 storeys or less above established grade, the portion of the main wall of the building facing a street or a park, above the 6th storey, must set back at least 3.0 metres from the main wall of the building at or below the 6th storey and facing the same street or park; and
|
| (iii) | Despite (ii) above, on Block 5A that portion of the main wall of the building facing Public Street 'A', as shown on Diagram 6 of By-law 1214-2019(LPAT), above the 4th storey, must be set back at least 5.0 metres from the main wall of that portion of the building at or below the 4th storey that is closest to the same street;
|
|
| (II) | despite (Z)(ii) above:
|
|
| (i) | Balconies on Block 5A, as shown on Diagram 6 of By-law 1214-2019(LPAT), are not permitted to project into a required building set back; and
|
| (ii) | Balconies are not permitted to encroach into the required building setback applicable to that portion of Block 4 shown on Diagram 7 of By-law 1214-2019(LPAT), with a permitted maximum building height of 108.0 metres in the location identified with the label "Projecting Balconies Not Permitted";
|
|
| (JJ) | despite regulation 40.10.40.1(2) for any non-residential use in the CR zone, excluding a place of worship, the floor level of the first storey must:
|
|
| (i) | Be within 0.2 metres of the ground measured at the lot line abutting the street directly opposite each pedestrian entrance;
|
| (ii) | Have a pedestrian access, other than service entrances, which, if not level with the public sidewalk closest to the entrance, is accessed by a ramp which rises no more than 0.04 metres vertically for every 1.0 metre horizontally; and
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| (iii) | (i) and (ii) above do not apply to a transportation use if that the building is accessible to persons with disabilities;
|
|
| (KK) | despite regulation 40.10.40.50(1), a building containing 20 or more dwelling units on a Block shown on Diagram 5 of By-law 1214-2019(LPAT), must provide amenity space as follows:
|
|
| (i) | On Blocks 2A, 4, 5 and 7, at a minimum rate of 3.5 square metres for each dwelling unit, of which at least 1.5 square metres for each dwelling unit is indoor amenity space;
|
| (ii) | On Block 5A, at a minimum rate of 4.0 square metres for each dwelling unit, of which at least 2.0 square metres for each dwelling unit is indoor amenity space;
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| (iii) | a minimum of 40 square metres on each Block is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space; and
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| (iv) | no more than 25 percent of the outdoor component of the amenity space may be a green roof;
|
|
| (LL) | for the purposes of this Exception, amenity space means indoor or outdoor space on a Block that is communal and available for use by the occupants of a building on the Block for recreational or social activities;
|
| (MM) | despite Chapter 200, parking spaces must be provided in accordance with Section 12 of By-law 1214-2019(LPAT);
|
| (NN) | parking spaces for car-sharing must be provided on the Blocks shown on Diagram 5 of By-law 1214-2019(LPAT), as follows:
|
|
| (i) | 2 on Block 5;
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| (ii) | 2 on Block 5A; and
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| (iii) | 4 on one of or on a combination of Blocks 4 and 7;
|
|
| (OO) | for each car-sharing parking space provided in excess of the required minimum in (NN) above, the minimum number of resident parking spaces required on a Block in accordance with Section 12 of By-law 1214-2019(LPAT) may be reduced by four parking spaces, up to a maximum reduction as calculated by the following formula: 4 x (the total number of dwelling units on a Block divided by 60), rounded down to the nearest whole number;
|
| (PP) | despite Clause 40.5.80.1, parking spaces required for residential visitors and non-residential uses may be provided on a non-exclusive basis and may be provided in a public parking facility;
|
| (QQ) | despite Clause 40.5.80.10 and any provision of Section 12 of By-law 1214-2019(LPAT); to the contrary:
|
|
| (i) | Parking spaces required for Blocks 4 and 7 may be provided on any or all of Blocks 1A, 1B, 4 and 7, as shown on Diagram 5 of By-law 1214-2019(LPAT); and
|
| (ii) | Parking spaces required for Blocks 2A, 5 and 5A may be provided on any or all of Blocks 2A, 2B, 5 and 5A, as shown on Diagram 5 of By-law 1214-2019(LPAT);
|
|
| (RR) | a parking garage must be located entirely below-ground, excluding driveway access ramps and stairs;
|
| (SS) | despite regulation 40.10.80.10(1) a surface parking space may not be located within a required building setback shown on Diagrams 6 and 7 of By-law 1214-2019(LPAT);
|
| (TT) | in addition to Clause 40.10.100.10, for Blocks 2A, 4, 5, 5A and 7, as shown on Diagrams 6 and 7 of By-law 1214-2019(LPAT) vehicle access to a Block may also be provided as follows:
|
|
| (i) | Access to Block 2A may be from Block 2B;
|
| (ii) | Access to Blocks 5, 5A and 7 may be from the Future Private Street shown on Diagram 7 of By-law 1214-2019(LPAT); and
|
| (iii) | More than one access to a street is permitted from Blocks 4 and 5;
|
|
| (UU) | despite Chapter 230, bicycle parking spaces must be provided in accordance with Section 14 of By-law 1214-2019(LPAT);
|
| (VV) | despite Chapter 220, loading spaces must be provided in accordance with Section 13 of By-law 1214-2019(LPAT), with the exception that:
|
|
| (i) | For Blocks 4 and 7, as shown on Diagram 5 of By-law 1214-2019(LPAT):
|
|
| (a) | the calculation of required loading spaces is based on the combined number of dwelling units and the combined total amount of non-residential gross floor area on Blocks 4 and 7;
|
| (b) | required loading spaces may be shared between the uses on Blocks 4 and 7; and
|
| (c) | required loading spaces may be located on any or all of Blocks 1A, 1B, 4 and 7;
|
|
| (ii) | For Block 5A, as shown on Diagram 5 of By-law 1214-2019(LPAT);
|
|
| (a) | 1 Type 'G' loading space; and
|
|
| (iii) | For Blocks 2A, 2B and 5, as shown on Diagram 5 of By-law 1214-2019(LPAT):
|
|
| (a) | the calculation of required loading spaces is based on the combined number of dwelling units and the combined total amount of non-residential gross floor area on each Block; and
|
| (b) | required loading spaces may be located on any or all of Blocks 2A, 2B and 5;
|
|
|
| (WW) | regulation 40.10.90.40 (1) and (2) with respect to access to loading spaces does not apply;
|
| (XX) | despite Clause 40.10.150 with respect to the location of waste and recyclable materials:
|
|
| (i) | All waste and recyclable material must be stored in a wholly enclosed building; and
|
| (ii) | If the waste and recyclable material is stored in an ancillary building, the ancillary building:
|
|
| (a) | may not be located in a side yard that abuts a street or in a front yard; and
|
| (b) | must be located at least 1.0 metres from all other side lot lines and rear lot lines;
|
|
|
| (YY) | regulation 40.10.30.20(1) with respect minimum lot frontage does not apply;
|
| (ZZ) | regulations 40.10.40.1(1), (3) and (5) do not apply;
|
| (AAA) | regulation 40.10.40.10(5) with respect to the minimum height of the first storey does not apply to portions of a building containing residential uses; and
|
| (BBB) | despite any severance or division of the lands subject to this Exception, the regulations of this Exception shall continue to apply to the whole of the lands as if no severance or division had occurred;
|
| (CCC) | despite regulation 5.10.30.1(1), no building or structure may be erected or used on the lands unless:
|
|
| (i) | The lands abut an existing street, or is connected to an existing street by a street or streets constructed to a minimum base curb and base asphalt or concrete; and
|
| (ii) | All Municipal water mains and Municipal sewers, and their appurtenances, are installed to a lot line of the property and are operational; and
|
|
| (DDD) | for the purpose of regulation 5.10.30.1(2) a street may include a street or streets that have been dedicated to the Municipality but may not be assumed.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1214-2019(LPAT) ] |
| (163) | Exception CR 163 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 29277.
|
|
| (164) | Exception CR 164 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-laws 30281 and 30267.
|
|
| (165) | Exception CR 165 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 30267.
|
|
| (166) | Exception CR 166 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-laws 30267.
|
|
| (167) | Exception CR 167 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 30267.
|
|
| (168) | Exception CR 168 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-laws 30267.
|
|
| (169) | Exception CR 169 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-laws 30267.
|
|
| (170) | Exception CR 170 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 30398.
|
|
| (171) | Exception CR 171 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 27211.
|
|
| (172) | Exception CR 172 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-laws 27120 and 27733.
|
|
| (173) | Exception CR 173 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Former City of North York by-law 30555.
|
|
| (174) | Exception CR 174 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | If the requirements of Clause 9 and Schedule A of By-law 555-2019(LPAT) are complied with then none of the Clauses and Regulations apply to prevent the erection of a building or structure may be erected and use if it is in compliance with (B) to (Q) below;
|
| (B) | Despite regulations 40.5.40.10(1) and 40.5.40.10(2), the height of the building or structure is measured from the Canadian Geodetic Datum elevation of 172.82 metres;
|
| (C) | Despite regulations 40.10.40.10(2) and 40.10.40.10(7), no part of a building may exceed the maximum building height in metres, indicated by the number following the letters HT on Diagram 7 of By-law 555-2019(LPAT);
|
| (D) | Despite Clause (C) above and Clause 40.5.40.10, the following elements of a building may exceed the maximum permitted building height as follows:
|
|
| (i) | Window washing equipment, stairs, stair towers, stair enclosures, architectural features, elements of a roof assembly, lightning rods, mechanical equipment and rooms, vents, elevator overruns, and exhaust flues to a maximum of 5.0 metres;
|
| (ii) | Railings, parapets, balconies, cornices, lighting fixtures, ornamental elements, trellises, planters, partitions dividing outdoor recreation of amenity areas, guard rails, wheelchair ramps, fences, and screens to a maximum of 3.0 metres;
|
|
| (E) | Despite regulations 5.10.40.70(1) and 40.10.40.70(2), the above-grade portion of a building or structure must be set back from a lot line the distance shown on Diagram 7 of By-law 555-2019(LPAT);
|
| (F) | Despite Clause (E) above, Clause 40.10.40.60 and regulation 40.5.40.70(1), the following elements of a building above or below-grade, may extend into a required building setback a maximum of 1.5 metres;
|
|
| (i) | Balconies, canopies, cornices, lighting fixtures, awnings, ornamental elements, parapets, trellises, eaves, window sills, planters, guardrails, balustrades, railings, stairs, stair enclosures, wheel chair ramps, vents, underground garage ramps, fences, screens and landscape features;
|
|
| (G) | Despite Clause (E) and Clause (F) above, the north main wall at the second, third and fourth floors must be setback an additional 1.5 metres, at a width of 3 metres, in three different areas;
|
| (H) | Despite Clause (E) and Clause (F) above, the north main wall at the fifth to fourteenth floors must be setback an additional 1.5 metres, at a width of 1.5 metres, in three different areas;
|
| (I) | Despite regulations 10.50.1.10(3) and 40.10.40.40(1), the total maximum permitted gross floor area is 23,100 square metres, of which:
|
|
| (i) | the maximum permitted residential gross floor area must not exceed 22,100 square metres; and
|
| (ii) | the maximum permitted non-residential gross floor area must not exceed 1000 square metres;
|
|
| (J) | Despite regulation 220.5.10.1(2), a minimum of one Type "G" loading space must be provided and maintained on the lot;
|
| (K) | Despite regulations 40.10.100.10(1)(A) and 40.10.100.10(1)(C), two vehicle accesses are permitted, one of which must be from the right-of-way municipally known in the year 2018 as Bathurst Street, and one of which must be from a lane;
|
| (L) | Despite Clause 200.5.10.1, the minimum number of required parking spaces is:
|
|
| (i) | 0.5 parking spaces for each dwelling unit; and
|
| (ii) | no parking spaces are required for residential visitors and non-residential uses in the building;
|
|
| (M) | Despite Clause (L) above and regulation 40.10.20.100(8), an additional 27 parking spaces must be provided and may be made available to the general public within a public parking garage;
|
| (N) | Despite regulation 200.5.1.10(2), a maximum of 20 parking spaces may have the following minimum dimensions, with or without obstructions:
|
|
| (i) | length of 5.6 metres;
|
| (ii) | width of 2.6 metres;
|
| (iii) | vertical clearance of 1.8 metres;
|
|
| (O) | Despite regulation 200.15.1(4), an accessible parking space must be located within 9 metres to a barrier free entrance to the building or passenger elevator that provides access to the first storey of the building;
|
| (P) | Despite regulations 230.5.10.1(1), (2) and (5) bicycle parking spaces must be provided on the lot as follows, and may be located outdoors or indoors, including within a secured room or enclosure:
|
|
| (i) | a minimum of 230 "long-term" bicycle parking spaces;
|
| (ii) | a minimum of 32 "short-term" bicycle parking spaces; and
|
| (iii) | bicycle parking spaces may be provided as a rack or hook on a wall associated with a parking space on any parking level, so long as such rack/hook does not encroach into a parking space;
|
|
| (Q) | Despite regulations 230.5.1.10(4)(A)(ii), 230.5.1.10(4)(B)(ii), 230.5.1.10(6) and 230.5.1.10(9):
|
|
| (i) | a bicycle parking space may have a minimum width of 0.5 metres;
|
| (ii) | a bicycle parking space placed in a vertical position may have a minimum width of 0.5 metres;
|
| (iii) | the minimum bicycle parking space dimensions do not apply if bicycle parking spaces are in a bicycle rack, or are stacked bicycle spaces located in a secured room or area, or in bicycle lockers or on a rack/hook on a wall associated with a parking space on any parking level, so long as such rack/hook does not encroach into a parking space; and
|
| (iv) | bicycle parking spaces must be located indoors, including within a secured room or enclosure.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 555-2019(LPAT) ] |
| (175) | Exception CR 175 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | If the requirements of Clause 5 and Schedule A of By-law 1302-2019(LPAT) are complied with, clauses 40.10.40.10 and 40.10.40.40 do not apply to prevent the erection or use of an 85- storey mixed use building permitted in compliance with the clauses below;
|
| (B) | The lot consists of those lands shown as Block 1 on Diagram 1 attached to By-law 1302-2019(LPAT);
|
| (C) | Despite regulation 40.5.40.10(1), height is measured from the Canadian Geodetic Datum elevation of 95.42 metres and the elevation of the highest point of the building;
|
| (D) | Regulation 600.10.10 with respect to Building Setbacks does not apply;
|
| (E) | Despite regulation 40.10.40.10(1), the height for any portion of a building or structure must not exceed the maximum height permitted by the letter "HT" as shown on Diagram 3 of By-law 1302-2019(LPAT);
|
| (F) | Despite (E) above, 40.5.40.10(4), (5), (6) & (7), and provided these projecting elements are no higher than 299 metres above the Canadian Geodetic Datum elevation of 95.42 metres, the following elements of a building may project above the permitted maximum building heights shown on Diagram 3 of By-law 1302-2019(LPAT):
|
|
| (i) | window washing equipment, lightning rods and wind mitigation features;
|
| (ii) | structures and elements related to outdoor flooring and roofing assembly may project above the height limits by no more than 0.5 metres;
|
| (iii) | safety railings, guard rails, railings, parapets, terraces, patios, planters, balustrades, bollards, stairs, ancillary structures, retaining walls, wheelchair ramps and ornamental or architectural features may project above the height limits by no more than 1.5 metres;
|
| (iv) | elements on the roof of the building or structure used for green roof technology and related roofing material may project above the height limits by no more than 2.0 metres;
|
| (v) | mechanical elements, garbage chutes, vents, screens, emergency generators and lighting fixtures may project above the height limits by no more than 2.5 metres;
|
| (vi) | landscape features, privacy screens, terrace dividers, covered stairs or stair enclosures and fences may project above the height limits by no more than 2.75 metres;
|
| (vii) | cabanas and trellises may project above the height limits by no more than 3.6 metres; and,
|
| (viii) | cooling towers may project above the height limits by no more than 6.0 metres;
|
|
| (G) | Despite 40.10.40.70(1) and 40.10.40.80(1), a building must be set back from the lot lines at least the distance shown on Diagram 3 of By-law 1302-2019(LPAT) with the exception of the following:
|
|
| (i) | bay windows, lighting fixtures, cornices, architectural cladding or design features, sills, eaves, awnings and art installations may encroach into a building setback by a maximum of 0.6 metres;
|
| (ii) | balconies may encroach into a building setback by a maximum of 2.0 metres:
|
|
| (a) | within the areas illustrated as 'Balcony Projection Zone' on Diagram 3; and,
|
| (b) | from the north face of the building provided these balconies are no closer than 11.3 metres to the Yonge Street lot line and 9.9 metres to the O'Keefe Lane lot line;
|
|
| (iii) | canopies may encroach into a building setback by a maximum of 2.0 metres; and,
|
| (iv) | wind mitigation features;
|
|
| (H) | Despite 40.10.40.40(1):
|
|
| (i) | the maximum total residential and non-residential gross floor area is 94,500 square metres;
|
| (ii) | the maximum residential gross floor area is 75,871 square metres;
|
| (iii) | the maximum non-residential gross floor area is 18,629 square metres, of which a minimum of 6,682 square metres of gross floor area is provided for the following institutional uses or any combination thereof: medical office, public school, community centre, day nursery, post-secondary school, performing arts studio, retail service, club, private school, religious education use, hospital; and,
|
| (iv) | Section 40.10.20.100 of By-law 569-2013 shall not apply to the institutional uses listed in (H)(iii);
|
|
| (I) | A maximum of 1,106 dwelling units are permitted on the lot;
|
| (J) | At least 10 percent of the dwelling units must have a floor area of at least 106 square metres, as measured to:
|
|
| (i) | the exterior side of a main wall;
|
| (ii) | the centerline of an interior wall where the dwelling unit shares a wall with another dwelling unit; and
|
| (iii) | the exterior side of an interior wall where the dwelling unit does not share a wall with another dwelling unit;
|
|
| (K) | Despite 200.5.10.1(1), parking spaces must be provided as follows:
|
|
| (i) | a minimum of 0.17 pa rking spaces per dwelling unit for the tenants in the mixed use building;
|
| (ii) | no parking spaces are required for the visitors of residents to dwelling units in the mixed use building;
|
| (iii) | a minimum of 48 parking spaces are required for the non-residential uses in the mixed use building and:
|
|
| (a) | these parking spaces may also be used by visitors of residents of the dwelling units in the mixed use building; and
|
| (b) | these parking spaces may be public parking;
|
|
| (iv) | a minimum of 6 parking spaces for car-share and should there be a period of time where there is no car-share service provided, the car-share parking spaces shall still be counted toward meeting the by-law requirements.
|
|
| (L) | Despite regulation 40.10.40.50(1):
|
|
| (i) | a minimum of 381 square metres of outdoor amenity space and a minimum of 2,212 square metres of indoor amenity space is required for the dwelling units; and
|
| (ii) | no more than 25 percent of the outdoor amenity space component may be a green roof;
|
|
| (M) | Despite 40.10.40.50(2), a minimum of 175 square metres of outdoor amenity space must be provided on the lot for the non-residential use;
|
| (N) | Despite regulation 40.10.40.1(1), residential use portions of the building may also be located on the same level or below non-residential use portions;
|
| (O) | Despite regulation 200.5.1.10(2) of By-law 569-2013, a maximum of 32 parking spaces may have minimum widths of 2.6 metres when obstructed on one side;
|
| (P) | Despite 200.15 and By-law 579-2017, accessible parking spaces must be provided as follows:
|
|
| (i) | of the required parking spaces in (K) above, a minimum of 8 must be accessible parking spaces and must be provided in the underground parking garage;
|
| (ii) | accessible parking spaces must have the following minimum dimensions:
|
|
| (a) | length of 5.6 metres;
|
| (b) | width of 3.4 metres; and
|
| (c) | vertical clearance of 2.1 metres;
|
|
| (iii) | the entire length of an accessible parking space must be adjacent to a minimum 1.5 metre wide accessible barrier free aisle or path; and
|
| (iv) | despite 200.15.1.5 and 200.15.1(4), accessible parking spaces may be located anywhere in the underground parking garage.
|
|
| (Q) | Despite regulation 230.5.1.10(7), at least 2 shower and change facilities are required for each gender;
|
| (R) | Despite regulation 230.5.1.10(9), long term and short term bicycle parking spaces for dwelling units or for non-residential uses may be located anywhere above or below ground in the building;
|
| (S) | Despite regulation 230.5.1.10(10), long term and short term bicycle parking spaces for dwelling units or for non-residential uses may be provided in any combination of vertical, horizontal or stacked positions;
|
| (T) | Despite regulations 230.5.10.1(1), (2) and (5):
|
|
| (i) | at least 0.9 bicycle parking spaces per dwelling unit must be allocated as long-term bicycle parking spaces for the dwelling units;
|
| (ii) | at least 0.1 bicycle parking spaces per dwelling unit must be allocated as short-term bicycle parking spaces for the dwelling units;
|
| (iii) | at least 83 bicycle parking spaces must be allocated as long-term bicycle parking spaces for the non-residential uses; and
|
| (iv) | at least 61 bicycle parking spaces must be allocated as short-term bicycle parking spaces for the non-residential uses.
|
|
| (U) | Despite regulation 230.40.1.20(2), a short-term bicycle parking space may be located more than 30 metres from a pedestrian entrance to the building on the lot and may be located in a secured room or an unsecured room ;
|
| (V) | Despite the requirements of 220.5.10.1, at least one (1) Type "G" loading space, two (2) Type "B" loading spaces and two (2) Type "C" loading spaces must be provided on the lot;
|
| (W) | Despite regulation 40.10.100.10(1)(c), more than one vehicle access is permitted;
|
| (X) | In addition to the building elements listed in regulation 40.5.40.40(3), the gross floor area of a mixed use building is also reduced by the areas in a building used for:
|
|
| (i) | hallways, elevator vestibules and public parking below ground; and
|
| (ii) | mechanical rooms on any level of the building.
|
|
| (Y) | For the purpose of this exception, levels of a building used for a mechanical penthouse or a mezzanine are not storeys;
|
| (Z) | Despite 40.10.40.10(5), the minimum height of the first storey may be less than 4.5 metres;
|
| (AA) | Despite 40.10.20.100(21), an outdoor patio is not limited in size or area;
|
| (BB) | Despite 40.10.20.100(33) and 150.100, there is no maximum interior floor area for an eating establishment;
|
| (CC) | Despite any severance, partition or division of the lands, the provision of this By-law apply to the whole of the lands as if no severance, partition or division occurred;
|
| (DD) | Prevailing Sections 12(1)397, 12(1)431, 12(2)132, 12(2)258, 12(2)260, 12(2)316, and 12(2)380 of By-law 438-86 of the former City of Toronto, as amended and Prevailing By-law 194-97 do not apply;
|
| (EE) | Despite 800.50(585), post-secondary school means premises used for educational purposes by a degree granting college or university under Province of Ontario legislation and any use that is naturally and normally incidental or subordinate and devoted to the principal use of the institution which may be on or off the lot;
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(1) 334 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(1)335 of former City of Toronto By-law 438-86;
|
| (C) | Section 12(1)397 of former City of Toronto By-law 438-86;
|
| (D) | Section 12(1)431 of former City of Toronto By-law 438-86;
|
| (E) | Section 12(2)132 of former City of Toronto By-law 438-86;
|
| (F) | Section 12(2)256 of former City of Toronto By-law 438-86;
|
| (G) | Section 12(2)258 of former City of Toronto By-law 438-86;
|
| (H) | Section 12(2)259 of former City of Toronto By-law 438-86;
|
| (I) | Section 12(2)260 of former City of Toronto By-law 438-86;
|
| (J) | Section 12(2)316 of former City of Toronto By-law 438-86;
|
| (K) | Section 12(2)380 of former City of Toronto By-law 438-86; and
|
| (L) | City of Toronto By-law 97-0194. [ By-law: 1302-2019(LPAT) ]
|
|
| (176) | Exception CR 176 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | If the requirements of Section 10 and Schedule A of By-law 676-2019(LPAT) are complied with, Regulations 40.10.40.10(2) and 40.10.40.40(1), do not apply to prevent the erection or use of a mixed-use building permitted in (B) to (AA) below;
|
| (B) | Despite Regulation 40.10.40.40(1)(A), the total gross floor area of all buildings and structures on the lands must not exceed 25,625 square metres;
|
| (C) | Despite Regulation 40.10.40.40(1)(C), the total gross floor area for residential uses must not exceed 24,400 square metres;
|
| (D) | Despite Regulation 40.10.40.40(1)(B), the maximum gross floor area for non-residential uses must not exceed 1,225 square metres and the minimum, subject to the following:
|
|
| (i) | a minimum of 1,000 square metres of gross floor area for non-residential uses be provided along the Eastern Avenue frontage between Booth Avenue and Logan Avenue;
|
|
| (E) | Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 78.33 metres to the highest point of the building or structure;
|
| (F) | Despite Regulations 40.10.40.10(2) and 40.10.40.70(2)(G), a building or structure must not exceed the maximum height in metres specified by the numbers following the "HT" symbol as shown on Diagram 7 of By-law 676-2019(LPAT);
|
| (G) | Despite (F) above, the following elements of a building may exceed the maximum permitted height shown on Diagram 7 of By-law 676-2019(LPAT), to a maximum of:
|
|
| (i) | 5.0 metres for a mechanical penthouse and mechanical screen;
|
| (ii) | 5.5 metres, for a structure on the roof of the building used for outside or open air recreation, a rooftop amenity room, roof top access hatches or stairs, stair enclosures, mechanical equipment and any associated enclosures or structures, elevator overruns, chimneys, stacks, heating and cooling equipment, ventilation equipment, air shafts, maintenance and safety equipment, wind and privacy screens, pergolas, ornamental elements, balcony and terrace guards and dividers, railings, window washing equipment on the roof of the building, antennae, satellite dishes, elements of a green roof; and
|
| (iii) | the projections are permitted in Regulations 40.5.40.10(3)-(7) unless such projections are included in (i) or (ii) above, in which case (i) and (ii) governs; and
|
|
| (H) | Despite Regulation 40.10.40.10(5), the height of the first storey must be at least 3.30 metres;
|
| (I) | Despite Regulation 40.10.40.1(2)(A), the floor level of the first storey must be within 0.60 metres of the Canadian Geodetic Datum Elevation of 78.33 metres;
|
| (J) | Despite Regulation 40.10.40.1(2)(B), the floor level of the first storey must have a pedestrian access, and if not level with the public sidewalk closest to the entrance, the first floor may be also accessed by an elevator, wheelchair lift or platform lift;
|
| (K) | Despite Regulations 40.10.40.70(2) and 40.10.40.80(2), the required minimum building setbacks are shown on Diagram 7 of By-law 676-2019(LPAT);
|
| (L) | Despite (K) above, the following elements of a building may encroach into a required building setback a maximum of:
|
|
| (i) | 5.0 metres, for eaves, cornices, window sills, lighting fixtures, awnings, canopies, architectural features, ornamental elements, parapets, terraces, canopies, trellises, guardrails, balustrades, bollards, railings, bollards, wheel chair ramps, stairs, stair enclosures, vents, shafts, chimneys, mechanical fans, satellite dishes, antennae, retaining walls, curbs, underground garage ramps and their associated structures, stairs, stairs landings, stair enclosures or covers, fences, privacy screens, mechanical and architectural screens, bicycle parking;
|
| (ii) | 1.80 metres for balconies and balcony roofs;
|
| (iii) | the encroachments in Clause 40.10.40.60 are permitted unless such encroachments are included in (i) or (ii) above, in which case (i) and (ii) governs;
|
|
| (M) | Regulation 40.10.40.1(1), with respect to the location of residential use portions in a mixed-use building, does not apply;
|
| (N) | Despite regulation 40.10.40.1(6), a pedestrian access to the building may be within 7.5 metres of a lot in a Residential Zone category;
|
| (O) | Regulation 40.10.50.10(3), with respect to soft landscaping requirements along a lot line that abuts a lot in the Residential Zone category, does not apply;
|
| (P) | Despite Regulations 200.5.1(2) and 200.5.10.1(1), parking spaces must be provided and maintained on the lands in accordance with the following minimum requirements:
|
|
| (i) | 0.70 parking spaces for each dwelling unit for residents of the mixed-use building;
|
| (ii) | 0.15 parking spaces for each dwelling unit for residential visitors to the mixed-use building;
|
| (iii) | 1.00 parking space for each 100 square metres of non-residential gross floor area for non-residential visitors to the mixed-use building; and
|
| (iv) | Five (5) dedicated parking spaces for car share purposes;
|
|
| (Q) | Despite Regulations 200.5.1.10(10) and 200.10.1(1) and (2), the parking spaces for residential visitors to a dwelling unit and the non-residential gross floor area required by (P)(ii) and (iii) above, may be shared on a non-exclusive basis;
|
| (R) | Despite Regulation 200.5.1(3)(A), the minimum width of a one-way drive aisle providing vehicular access to a parking space is 4.65 metres;
|
| (S) | Despite Regulations 200.5.1.10(2)(A) and 200.5.1.10(2)(B), a maximum of 10 required parking spaces that are obstructed on one or both sides may have a minimum width of 2.6 metres;
|
| (T) | Despite Regulations 200.15.1(1) and 200.15.10(1)(C), a minimum of 8 accessible parking spaces must be provided and maintained on the lands in accordance with the following dimensional requirements:
|
|
| (i) | a minimum length of 5.6 metres;
|
| (ii) | a minimum width of 3.4 metres; and
|
| (iii) | a minimum vertical clearance of 2.1 metres;
|
|
| (U) | Despite Regulation 200.15.1(3), a maximum of 2 of the accessible parking spaces required by (T) above, are not required to provide a 1.5 metre wide accessible barrier free aisle or path down the entire length of the accessible parking space;
|
| (V) | Regulations 200.15.1(4) and 200.15.1.5(1), with respect to the location of accessible parking spaces, does not apply;
|
| (W) | Despite Regulations 230.5.10.1(1), (2), (3) and (5), bicycle parking spaces must be provided and maintained on the lands in accordance with the following minimum requirements:
|
|
| (i) | 0.9 long-term bicycle parking spaces for each dwelling unit;
|
| (ii) | 0.1 short-term bicycle parking spaces for each dwelling unit must be provided for residential visitors;
|
| (iii) | 3.0 short-term bicycle parking spaces, plus 0.30 short-term bicycle parking spaces for each 100 square metres of non-residential gross floor area must be provided;
|
| (iv) | 0.2 long-term bicycle parking spaces for each 100 square metres of non-residential gross floor area must be provided;
|
|
| (X) | Regulation 230.40.1.20(2), with respect to the location of short-term bicycle parking spaces, does not apply;
|
| (Y) | Despite Regulation 220.5.10.1(1), only one Type "G" loading space is required and must be provided and maintained on the lands;
|
| (Z) | Despite regulation 40.10.90.10(1), a loading space may be located in a rear yard that abuts a lot in a Residential Zone category;
|
| (AA) | Despite any future severance, partition or division of the lot as shown in Diagram 1, the provisions of this By-law apply to the whole of the lot as if no severance, partition or division occurred.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2)270 of former City of Toronto By-law 438-86. [ By-law: 676-2019(LPAT) ]
|
|
| (177) | Exception CR 177 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | Despite regulation 40.5.40.10(1), for the purpose of this exception, height is measured as the distance between the Canadian Geodetic Datum elevation of 87.34 metres and the elevation of the highest point of the building;
|
| (B) | Despite regulations 40.10.40.10.(2), 40.10.40.10.(5) and clause 40.5.40.10:
|
|
| (i) | The minimum height of the first storey of the building is 4.27 metres; and
|
| (ii) | No part of the building can exceed the heights illustrated by the numbers following the letters "HT" shown on Diagram 3 of By-law 678-2019(LPAT);
|
|
| (C) | Despite regulation 40.10.40.40(1):
|
|
| (i) | the maximum total permitted floor space index for all uses on the lot is 4.01 times the area of the lot, or a maximum gross floor area of 6450 square metres;
|
| (ii) | the maximum permitted floor space index for all residential uses on the lot is 3.60 times the area of the lot, or a maximum gross floor area of 5800 square metres; and
|
| (iii) | the maximum permitted floor space index for all non-residential uses on the lot is 0.40 times the area of the lot or a maximum gross floor area of 650 square metres;
|
|
| (D) | Despite regulation 40.10.40.50(1):
|
|
| (i) | A minimum of 123 square metres of outdoor amenity space is required for the building; and
|
| (ii) | A minimum of 62 square metres of indoor amenity space is required for the building;
|
|
| (E) | Despite clause 40.10.40.60, and regulations 40.10.40.70(2) and 40.10.40.80(2) all above ground portions of a building or structure must be set back from a lot line or main wall the distance shown on Diagram 3 of By-law 678-2019(LPAT);
|
| (F) | Despite (E) above:
|
|
| (i) | (i) Awnings, cornices, lighting fixtures, window washing equipment, ornamental elements, lightning rods, trellises, parapets, eaves, window sills, guardrails, railings, stairs, stair enclosures, wheel chair ramps, air intakes and vents, landscape and green roof elements, partitions dividing outdoor recreation area, wind mitigation elements, and architectural façade details may encroach up to a maximum of 0.30 metres into the required building setbacks shown on Diagram 3 of By-law 678-2019(LPAT);
|
| (ii) | Balconies, guard rails and balcony dividers located above a height of 5.0 metres, may encroach up to 1.75 metres into the required building setbacks outlined on Diagram 3 of By-law 678-2019(LPAT);
|
| (iii) | Canopies located above a height of 3.5 metres, may encroach up to 1.5 metres into the required building setbacks outlined on Diagram 3 of By-law 678-2019(LPAT); and
|
| (iv) | Privacy screens may encroach up to 2.5 metres into the required building setbacks on Diagram 3 of By-law 678-2019(LPAT) and may project up to 1.8 metres above the height limits on Diagram 3;
|
|
| (G) | Despite regulations 200.5.10.1.(1), 200.5.1.10.(2), 200.5.1.10.(5), 200.5.1.10(6), 200.5.1.10.(12), 200.5.1.10.(13), 200.15.1(4), 200.15.10(1):
|
|
| (i) | 33 parking spaces are required for the dwelling units on the lot;
|
| (ii) | No visitor parking spaces are required for the dwelling units on the lot;
|
| (iii) | 3 parking spaces are required for the non-residential uses on the lot;
|
| (iv) | Parking spaces for non-residential uses must have a minimum width of 2.6 metres when obstructed on one or both sides;
|
| (v) | 1 accessible parking space is required;
|
| (vi) | The accessible parking space is not required to be located closest to a principal pedestrian access to the building;
|
| (vii) | A required parking space may be provided as a tandem parking space;
|
| (viii) | A tandem parking space and stacked parking space is not required to have direct and unobstructed driveway access to a street or lane;
|
| (ix) | A stacked parking space must have a minimum width of 2.4 metres, a minimum length of 5.0 metres and a minimum vertical clearance of 1.75 metres;
|
| (x) | The vehicle entrance and exit is may be set back a minimum of 0.0 metres from the lot line abutting the street; and
|
| (xi) | The vehicle entrance and exit must be a minimum of 4.88 metres in width;
|
|
| (H) | Despite regulations 230.5.1.10(4), 230.5.1.10(5), and clause 230.5.10.1:
|
|
| (i) | 52 long term bicycle parking spaces are required;
|
| (ii) | A stacked bicycle parking space must have a minimum width of 0.35 metres, a minimum length of 1.7 meters, and 1.2 metres vertical clearance; and
|
| (iii) | No short term bicycle parking spaces are required;
|
|
| (I) | Despite regulation 220.5.20.1(3) the vehicle entrance for a loading space must be a minimum of 4.88 metres in width.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 678-2019(LPAT) ] |
| (178) | Exception CR 178 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On lands municipally known in the year 2018 as 1800-1818 St. Clair Avenue West, shown as Part 1 on Diagram 1 to By-law 964-2019, if the requirements of Section 16. and Schedule (A) of By-law 964-2019 are complied with, a building or structure may be erected and used in compliance with (B) to (EE) below.
|
| (B) | The lot comprises the lands outlined by heavy lines and identified as Part 1 on Diagram 1, attached to By-law 964-2019.
|
| (C) | Despite Regulation 40.10.20.20(1), the following additional uses are permitted if they comply with the specific conditions associated with the reference number(s) for each use in Clause 40.10.20.100 as referred to below:
|
|
| (i) | Non-residential uses:
|
|
| (a) | Eating establishment (1, 33); and
|
| (b) | Take-out Eating Establishment (1).
|
|
|
| (D) | Despite Clause 40.10.20.40(1) mixed-use buildings are permitted building types for dwelling units.
|
| (E) | Despite any regulation to the contrary, a portion of a building on Part 1 as shown on Diagram 1 of By-law 964-2019 may be used for parking spaces, bicycle parking spaces, loading spaces, building services including but not limited to electrical, storm, sanitary and water services, pedestrian and vehicular access, waste and recyclable materials storage and/or mechanical equipment, and Canada Post box, that serve the users of Part 2 as shown on Diagram 1 of By-law 964-2019.
|
| (F) | Despite Regulation 40.10.40.40(1), the total gross floor area on the lot must not exceed 11,750 square metres, of which, a maximum of 750 square metres of gross floor area may be used for non-residential uses.
|
| (G) | Despite all of Clause 40.10.40.70 the required minimum building setbacks and the required minimum separation distances between main walls of buildings or structures above ground level are shown on Diagram 7 of By-law 964-2019.
|
| (H) | Despite Regulations 5.10.40.70 (1) and (2), Clauses 40.5.40.60, 40.10.40.60, and Regulation (G) above, the following elements of a building may encroach into a required minimum building setback and a required minimum main wall separation distance as follows:
|
|
| (i) | 2.0 metres for architectural features, cornices, piers, eaves, roof overhangs, mouldings, sills, scuppers, rain water leaders, window washing equipment, lighting fixtures, canopies, trellises, privacy screens, awnings and/or other similar shade devices and their associated structural elements, and structures for wind mitigation;
|
| (ii) | 1.5 metres for balconies with the exception that balconies projecting from the main walls of the building facing St. Clair Avenue West and the easterly and westerly lot lines shown Diagram 1 of By-law 964-2019 must only be located at the 8th storey and above;
|
| (iii) | Covered bicycle storage enclosures, covered walkways, vents, outdoor amenity space elements, ramps, garage ramps and associated structures, garbage chute and associated enclosures, utility meters and associated enclosures, stairs and stair enclosures, decks, terraces and terrace elements, Canada Post box, guardrails and railings;
|
| (iv) | structures, elements and enclosures permitted by Regulation (L) below.
|
|
| (I) | Despite Clause 40.10.40.80, if a building has main walls where a line projected outward at a right angle from one of the main walls intercepts another main wall of the same building, the required minimum aboveground separation distance between those main walls, excluding architectural recesses in a main wall and main walls around inset balconies and entrances, is:
|
|
| (i) | 5.5 metres if one main wall has windows and/or doors opening into a dwelling unit; and
|
| (ii) | 11.0 metres if each main wall has windows and/or doors opening into a dwelling unit.
|
|
| (J) | Despite Clause 40.10.40.10, the permitted maximum building height in metres, measured from the average elevation of the ground along the front lot line to the highest point of a building or structure is the numerical value in metres following the HT symbol on Diagram 7 of By-law 964-2019.
|
| (K) | For the purpose of this Exception, the phrase "average elevation of the ground along the front lot line" and the term "established grade" is the Canadian Geodetic Datum elevation of 124.25 metres.
|
| (L) | Despite Clause 40.5.40.10 and Regulation (J) above the following elements of a building may extend beyond the permitted maximum building height limits shown on Diagram 7 of By-law 964-2019 as follows:
|
|
| (i) | 0.9 metres for skylights and roof access hatch;
|
| (ii) | 1.5 metres for elements of a green roof, railings and guard rails, architectural features and design elements;
|
| (iii) | 1.5 metres for parapets, with the exception that parapets on that portion of a building subject to an angular plane as required by Regulation (M) below are permitted to a maximum of 3.8 metres;
|
| (iv) | 1.8 metres for terrace dividers, privacy screens and window washing equipment;
|
| (v) | 3.4 metres for wind screens, wind and mitigation structures, canopies, trellises, awnings and/or other similar shade devices and associated structures, structures on the roof used for outside or open air recreation and outdoor amenity space elements including outdoor kitchens;
|
| (vi) | 5.0 metres for mechanical penthouse including an associated green roof, elevator overruns and mechanical rooms and associated enclosures, stairs and stair enclosures;
|
| (vii) | 6.5 metres for mechanical equipment, vents, stacks, flues and chimneys; and
|
| (viii) | structures, elements and enclosures permitted by Regulation (H) above.
|
|
| (M) | Despite any provision of this Exception to the contrary, all parts of a building or structure subject to the angular plane as shown on Diagram 7 attached to By-law 964-2019 must be below a 12 degree angular plane projected from the easterly property line at an elevation of 34.6 metres above established grade, including all projections set out in Regulation (L) above, with the exception of vents, stacks, flues and chimneys, as permitted by Regulation (L)(vii) above.
|
| (N) | The permitted maximum number of storeys in a building is the numerical value on Diagram 7 of By-law 964-2019, following the ST symbol.
|
| (O) | Despite Clause 40.10.40.50, amenity space is required for dwelling units and must be provided in accordance with the following:
|
|
| (i) | A minimum of 2.0 square metres of indoor amenity space per dwelling unit must be provided;
|
| (ii) | A minimum of 2.0 square metres of outdoor amenity space per dwelling unit must be provided;
|
| (iii) | No more than 25 percent of the outdoor component may be a green roof;
|
| (iv) | For the purpose of this Exception, outdoor amenity space may be located on any or all of Part 1 and Part 2 as shown on Diagram 1 of By-law 964-2019;
|
| (v) | Indoor and outdoor amenity space may be available for use by the occupants and visitors of a building on Part 1 and/or Part 2 as shown on Diagram 1 of By-law 964-2019 for recreational or social activities.
|
|
| (P) | Despite Chapter 200, parking spaces including accessible parking spaces must be provided in accordance with Section 10 of By-law 964-2019.
|
| (Q) | Despite Clause 40.5.80.1, a parking space required by this By-law for a use in the Commercial Residential Zone category must be available for the use for which it is required
|
| (R) | Despite Clause 40.5.80.10, the location of required parking spaces must be in accordance with Section 10 of By-law 964-2019.
|
| (S) | Despite Chapter 220, loading spaces must be provided in accordance with Section 11 of By-law 964-2019.
|
| (T) | Regulation 40.10.90.10(1)(C) with respect to the location of a loading space does not apply.
|
| (U) | Despite Chapter 230, bicycle parking spaces must be provided in accordance with Section 12 of By-law 964-2019.
|
| (V) | Despite any existing or future severance, partition or division of the lands shown as Part 1 on Diagram 1 of By-law 964-2019 the provisions of this Exception and By-law 569-2013, shall apply to the whole of the lands as one lot as if no severance, partition or division had occurred.
|
| (W) | Despite Regulations 40.10.50.10(2), 150.100.30.1(1) and Section (C)(i)(a) of this Exception, a fence is not required along the lot line between Part 1 and Part 2 as shown on Diagram 1 of By-law 964-2019.
|
| (X) | Regulation 40.10.50.10(3) does not apply.
|
| (Y) | Despite Regulation 40.10.40.1(1), dwelling units must be located above the first storey of a building.
|
| (Z) | Despite Regulation 40.10,40.1(2) for any non-residential use in the CR zone, excluding a place of worship, the floor level of the first storey must:
|
|
| (i) | be within 0.2 metres of the ground measured at the lot line abutting the street directly opposite each pedestrian entrance; and
|
| (ii) | have a pedestrian access, other than service entrances, which, if not level with the public sidewalk closest to the entrance, is accessed by a ramp which rises no more than 0.04 metres vertically for every 1.0 metre horizontally.
|
|
| (AA) | Regulation 40.10.40.1 (6) as it relates to pedestrian access for a lot does not apply.
|
| (BB) | Despite Regulation 40.10.40.10(5), the required minimum height of the first storey as measured between the floor of the first storey and the ceiling of the first storey, is 4.0 metres.
|
| (CC) | Despite Clause 40.10.90.40, in the CR zone:
|
|
| (i) | Vehicle access to a loading space may be from a lane and/or a street; and
|
| (ii) | Vehicle access to the loading space may be over Part 2 on Diagram 1 of By-law 964-2019; and
|
| (iii) | A loading space located in a building may not have its vehicle access through a main wall that faces a street.
|
|
| (DD) | Regulations 40.10.100.10 (1) and (2) with respect to vehicle access restrictions and access to parking areas, do not apply.
|
| (EE) | Despite Regulation 40.10.150.1, all waste and recyclable material must be stored in a wholly enclosed building.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 964-2019 ] |
| (179) | Exception CR 179 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 871 to 899 College Street, if the requirements in Section 6 and Schedule A of By-law 1194-2019 are complied with, then regulations 40.10.40.10(2), 40.10.40.70(2), and 40.10.40.40(1) shall not apply to prevent the erection or use of a building or structure permitted in compliance with the clauses below;
|
| (B) | Despite regulations 40.5.40.10(1) and for the purpose of this exception, the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 105.73 metres to the elevation of the highest point of the building;
|
| (C) | Despite regulation 40.10.40.10(2), 40.10.40.70(2)(B)-(C), 40.10.40.70(2)(E) and 40.10.40.70(2)(G) the height for any portion of a building or structure must not exceed the maximum height permitted by the letter "HT" as shown on Diagram 3 of By-law 1194-2019;
|
| (D) | Despite (C) above and 40.5.40.10(3)-(7), the following may exceed the height indicated by the numbers following the letter "HT" as shown on Diagram 3 of By law 1194-2019:
|
|
| (i) | structures and elements related to outdoor flooring and roofing assembly may project above the height limits by no more than 0.5 metres;
|
| (ii) | window washing equipment, safety anchors, lightning rods, elevator overrun, safety railings, guard rails, railings, parapets, terraces, patios, planters, balustrades, bollards, ladders, stairs, accessory structures, retaining walls, wheelchair ramps, ornamental or architectural features may project above the height limits by no more than 1.5 metres;
|
| (iii) | elements on the roof of the building or structure used for green roof technology and related roofing material may project above the height limits by no more than 2.0 metres;
|
| (iv) | mechanical elements, garbage chutes, vents, screens, emergency generators, mechanical and electrical elements that service the building, lighting fixtures may project above the height limits by no more than 2.5 metres;
|
| (v) | landscape features, privacy screens, wind mitigation features, terrace dividers, covered stairs or stair enclosures, and fences may project above the height limits by no more than 2.75 metres;
|
| (vi) | satellite dishes, flagpoles, antennae, acoustical barriers, cabanas and trellises may project above the height limits by no more than 3.6 metres;
|
| (vii) | cooling tower may project above the height limits by no more than 5.0 metres; and
|
| (viii) | Within the 'Mechanical Zone' as shown on Diagram 3, mechanical and electrical elements that service the building, emergency generators, heating vents, cooling vents, other venting, fences, acoustical barriers, covered stairs, and mechanical penthouse may project above the height limits by no more than 3.45 metres;
|
|
| (E) | Despite regulation 40.5.40.70, 40.10.40.70(2)(B)-(C), 40.10.40.70(2)(E), 40.10.40.70(2)(G) the minimum building setbacks for each level of the building are shown on Diagram 3 of By-law 1194-2019:
|
| (F) | Despite clause 40.10.40.60 and (E) above, the following elements of a building are permitted to encroach into the required building setbacks as follows:
|
|
| (i) | building cornices, ornamental elements, wind mitigation features, window sills, eaves, lighting fixtures, vents and parapets may encroach a maximum distance of 0.5 metres;
|
| (ii) | balconies may encroach a maximum distance of 1.5 metres; and
|
| (iii) | canopies, awnings, trellises, guardrails, balustrades, railings, stairs, stair enclosures, wheel chair ramps, underground garage ramps, landscape and green roof elements, and public art features may encroach a maximum distance of 2.2 metres;
|
|
| (G) | Despite (E) above, a minimum of 3 notches must be provided within the 'Building Articulation Zone' as shown on Diagram 3 and each notch:
|
|
| (i) | must be at least 1 metre wide and 0.4 metres deep; and
|
| (ii) | must be no closer than 8 metres to one of the other notches;
|
|
| (H) | The maximum number of permitted dwelling units is 112;
|
| (I) | Despite regulation 40.10.40.40(1), the gross floor area must not exceed 12,250 square metres, of which:
|
|
| (i) | a maximum of 10,750 square metres may be used for residential uses; and
|
| (ii) | a maximum of 1,750 square metres may be used for non-residential uses and must be comprised of at least 3 non-residential units;
|
|
| (J) | Despite 40.10.40.10(5), the minimum height of the first storey must be at least 2.75 metres;
|
| (K) | Despite regulation 40.10.40.50(1), amenity space must be provided and maintained as follows:
|
|
| (i) | a minimum of 224 square metres of indoor amenity space;
|
| (ii) | a minimum of 224 square metres of outdoor amenity space; and
|
| (iii) | no more than 25 percent of the outdoor component may be a green roof;
|
|
| (L) | Despite 200.5.10.1(1) and 900.11.10(2), the minimum number of required parking spaces is 61, of which:
|
|
| (i) | a minimum of 48 parking spaces must be provided for occupants of the residential dwelling units;
|
| (ii) | a minimum of 13 parking spaces must be provided and shared between visitors of the residential dwelling units and the non-residential use; and
|
| (iii) | a maximum of 2 of the required visitor/non-residential parking spaces may be car share parking spaces;
|
|
| (M) | Despite Section 200.15 and By-law 579-2017, accessible parking spaces must be provided as follows:
|
|
| (i) | of the required parking spaces in (L) above, a minimum of 2 must be accessible parking spaces and must be provided in the underground parking garage;
|
| (ii) | accessible parking spaces must have the following minimum dimensions:
|
|
| (a) | length of 5.6 metres;
|
| (b) | width of 3.9 metres; and
|
| (c) | vertical clearance of 2.1 metres; and
|
|
| (iii) | accessible parking spaces may be located anywhere in the underground parking garage;
|
|
| (N) | Despite regulation 200.5.1.10(2)(A), a maximum of 6 parking spaces may have minimum dimensions of 5.6 metres by 2.6 metres with a height of 2.0 metres, when obstructed on one of two sides;
|
| (O) | Despite regulation 40.10.100.10(1)(c), 2 vehicle accesses are permitted;
|
| (P) | Despite section 220.5.10.1(1), 1 type G loading space is required;
|
| (Q) | Despite regulation 40.10.100.10.(1)(a), vehicle access can be from the lane and the street;
|
| (R) | Despite regulation 230.5.1.10(10), long term and short term bicycle parking spaces for dwelling units or for non-residential uses may be provided in any combination of vertical, horizontal or stacked positions;
|
| (S) | Despite regulations 230.5.10.1(1), (2) and (5):
|
|
| (i) | at least 0.9 bicycle parking spaces per dwelling unit must be allocated as long-term bicycle parking spaces for the dwelling units;
|
| (ii) | at least 0.1 bicycle parking spaces per dwelling unit must be allocated as short-term bicycle parking spaces for the dwelling units;
|
| (iii) | at least 22 bicycle parking spaces must be allocated as long-term bicycle parking spaces for the non-residential uses; and
|
| (iv) | No short-term bicycle parking spaces are required for the non-residential uses;
|
|
| (T) | Despite 230.40.1.20(2), a short-term bicycle parking space may be located more than 30 metres from a pedestrian entrance to the building on the lot;
|
| (U) | Regulation 40.5.40.10(5) with respect to limits on Functional Operation of a Building does not apply;
|
| (V) | Despite regulation 40.5.40.10(6), structures providing safety or wind protection to rooftop amenity space can be closer than 2 metres from an interior face of a main wall;
|
| (W) | Despite regulation 40.10.40.1(1), residential use portions of the building may also be located on the same level as non-residential use portions;
|
| (X) | Despite 40.5.40.40(3)(E) of By-law 569-2013, the residential gross floor area of a mixed use building is also reduced by the areas in a building used for amenity space that exceed the by-law requirement; and
|
| (Y) | Prevailing Sections 12(2)68 and 12(2)270 of By-law 438-86 of the former City of Toronto, as amended does not apply.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 68 of former City of Toronto By-law 438-86; and
|
| (B) | Section 12(2) 270(a) of former City of Toronto By-law 438-86. [ By-law: 1194-2019 ]
|
|
| (180) | Exception CR 180 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 89, 97 and 99 Church Street, if the requirements of Section 5 and Schedule A of By-law 1622-2019(LPAT) are complied with, a mixed use building may be constructed in compliance with (B) to (V) below;
|
| (B) | The lot comprises those lands outlined by heavy lines on Diagram 1 of By-law 1622-2019 (LPAT);
|
| (C) | Despite regulation 40.10.40.40(1), the total gross floor area of the building must not exceed a maximum of 29,550 square metres of which:
|
|
| (i) | no more than 29,250 square metres may be residential uses (dwelling units); and
|
| (ii) | no more than 300 square metres may be for non-residential uses;
|
|
| (D) | Despite regulation 40.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 85.45 metres and the elevation of the highest point of the building or structure;
|
| (E) | Despite clause 40.10.40.10(1) and regulation 40.5.40.10(4), the height of the building or structure, including a mechanical penthouse, must not exceed the height in metres specified by the numbers following HT as shown on Diagram 3 of By-law 1622-2019(LPAT);
|
| (F) | Despite Regulation 40.5.40.10(4) and (E) above:
|
|
| (i) | lightning rods may project above the height limits shown as 149.5 metres on Diagram 3 of By-law 1622-2019(LPAT);
|
| (ii) | elements of outdoor amenity space, landscape features, elements of a green roof, roofing materials including elements of exterior flooring and parapets may project above the height limits shown on Diagram 3 by no more than 2.0 metres;
|
| (iii) | guardrails and safety railings may project above the height limits shown on Diagram 3 by no more than 2.1 metres;
|
| (iv) | bollards, fences, mechanical screening, terrace lighting, privacy screens, acoustical screens and wind mitigation screens may project above the height limits shown on Diagram 3 by no more than 3.0 metres;
|
| (v) | vents, stacks, mechanical elements, heating/cooling towers, stair enclosures, lighting fixtures, elevator overrun and window washing equipment may project above the height limits shown on Diagram 3 by no more than 5.0 metres; and
|
| (vi) | despite F (ii), (iii), (iv) and (v) above, in the area with a height limit of 140.5 metres on Diagram 3, the only projections permitted within a distance of 12.5 metres from the east lot line abutting 70 Lombard Street are:
|
|
| (a) | Guardrails or safety railings that are generally transparent or translucent, elements of a green roof, roofing materials including elements of exterior flooring, and parapets provided they project no more than 1.1 metres above the height limit of 140.5 metres on Diagram 3;
|
|
|
| (G) | Despite clause 40.5.40.70 and regulation 40.10.40.70(1),the required minimum building setbacks must be provided as shown on Diagram 3 of B By-law 1622-2019(LPAT);
|
| (H) | Despite (G) above and clause 40.10.40.60 building elements are permitted to encroach into the required building setbacks as follows:
|
|
| (i) | on the south façade, balconies are permitted to project no more than 1.5 metres into the building setbacks, below a Canadian Geodetic Datum elevation of 167.9 metres;
|
| (ii) | on the east façade, balconies are not permitted to project into the building setbacks;
|
| (iii) | on the west façade, balconies are permitted to project no more than 1.5 metres into the building setbacks, above a Canadian Geodetic Datum elevation of 119.9 metres;
|
| (iv) | despite 5(H)(i) and (ii), on the south and east façades, Juliette balconies may project no more than 0.3 metres into the building setbacks;
|
| (v) | architectural design features, cladding, wind mitigation features, canopies, awnings, building cornices, window washing equipment, lighting fixtures, ornamental elements, lightning rods, parapets, trellises, eaves, window sills, guardrails, railings, stairs, stair enclosures, air intakes and vents, ventilating equipment, landscape and green roof elements, partitions, dividers, outdoor recreation or amenity areas, privacy screens, acoustical walls, wind mitigation elements, chimney stack, exhaust flues, and projecting exterior walls that do not enclose space may project no more than 1.5 metres into the building setbacks; and
|
| (vi) | for clarity, no balconies are permitted to project into the required building setbacks on the north façade;
|
|
| (I) | Regulation 600.10.10 with respect to Building Setbacks does not apply;
|
| (J) | Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 0.19 parking spaces per dwelling unit;
|
| (ii) | a minimum of 7 parking spaces for visitors of the dwelling units; and
|
| (iii) | no parking spaces are required for non-residential uses;
|
|
| (K) | Despite Section 200.15, of the parking spaces required by (J) above, a minimum of 4 parking spaces must be provided as accessible parking spaces, which must meet the following requirements:
|
|
| (i) | the minimum required dimensions for an accessible parking space are 5.6metres in length, 3.9 metres in width and 2.1 metres of vertical clearance; and
|
| (ii) | the minimum required width of 3.9 metres may be reduced to 3.4 metres provided that an accessible barrier-free aisle or path measuring 1.5 metres in width is provided along a side of the parking space for its entire length;
|
|
| (L) | Bicycle parking spaces must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | despite regulations 230.5.10.1(1), (2)and (5), a minimum of 1.0 bicycle parking spaces per dwelling unit, in accordance with the following ratio:
|
|
| (a) | 0.90 long-term bicycle parking spaces per dwelling unit and
|
| (b) | 0.10 short-term bicycle parking spaces per dwelling unit;
|
|
| (ii) | despite regulations 230.5.10.1(1), (2)and (5), no bicycle parking spaces are required for any non-residential use on the lot;
|
| (iii) | despite 230.5.1.10(2), the number of required bicycle parking spaces must be rounded down when the calculation results in a fraction;
|
| (iv) | despite regulation 230.5.1.10(4), where stacked bicycle parking spaces are provided in groups of 8, each group of 8 must have a minimum length of 1.8 metres, a minimum width of 1.8 metres and a minimum vertical clearance of 2.5 metres;
|
| (v) | despite regulation 230.5.1.10(4), stacked bicycle parking spaces not provided in groups of 8, and bicycle parking spaces parked in a horizontal position must have a minimum length of 1.8 metres, a minimum width of 0.45 metres and a minimum vertical clearance of 1.2 metres;
|
| (vi) | despite regulation 230.5.1.10(4), bicycle parking spaces parked in a vertical position must have a minimum length or vertical clearance of 1.9 metres, a minimum width of 0.45 metres and a minimum horizontal clearance from the wall of 1.2 metres;
|
| (vii) | despite regulation 230.5.1.10(9), required "long-term" bicycle parking space for a dwelling unit in a mixed-use building may be located on any level of the building above or below ground;
|
| (viii) | despite regulation 230.5.1.10(10), "short-term" and "long-term" bicycle parking spaces may be located in a stacked bicycle parking space; and
|
| (ix) | despite regulation 230.40.1.20(2), a short-term bicycle parking space may be located more than 30 metres from a pedestrian entrance to the building on the lot and may be located in a secured room or an unsecured room;
|
|
| (M) | Despite regulation 40.10.40.50, amenity space must be provided and maintained for the dwelling units on the lot at a minimum rate of 4.0 square metres per dwelling unit, of which:
|
|
| (i) | a minimum of 0.88 square metres of outdoor amenity space must be provided per dwelling unit;
|
| (ii) | a minimum of 3.11 square metres of indoor amenity space must be provided per dwelling unit, located in a multi-purpose room or rooms, at least one of which contains a kitchen and a washroom; and
|
| (iii) | no more than 25 percent of the outdoor amenity space may be a green roof;
|
|
| (N) | Despite regulation 220.5.10.1(2), a minimum of one Type "G" loading space must be provided;
|
| (O) | In addition to the building elements listed in regulation 40.5.40.40(3), the gross floor area of a mixed use building is also reduced by the areas in a building:
|
|
| (i) | below-ground used for hallways and elevator vestibules; and
|
| (ii) | mechanical rooms on any level of the building;
|
|
| (P) | Despite 40.10.40.10(5), the minimum height of the first storey must be at least 2.75 metres;
|
| (Q) | Despite regulation 40.5.40.10(6), structures providing safety or wind protection to rooftop amenity space can be closer than 2 metres from an interior face of a main wall;
|
| (R) | Regulation 40.5.40.10(5) with respect to Limits on Elements for Functional Operation of a Building does not apply;
|
| (S) | Despite regulation 40.5.40.60(1), a canopy, awning or similar structure may be located more than 5.0 metres above the elevation of the ground directly below it;
|
| (T) | Despite regulation 40.10.40.1(1), residential use portions of the building may also be located on the same level as non-residential use portions;
|
| (U) | Despite regulation 40.10.90.40(3), access to a loading space may be provided through main wall facing a street; and
|
| (V) | Despite any severance, partition or division of the lands, the provision of this By-law apply to the whole of the lands as if no severance, partition or division occurred.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1622-2019(LPAT) ] |
| (181) | Exception CR 181 |
| The lands, or portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 342, 344 and 346 Davenport Road, if the requirements of Section 5 and Schedule A of By-law 1220-2019(LPAT) are complied with, a building or structure may be erected or constructed in compliance with (B) to (U) below;
|
| (B) | The total gross floor area of all buildings or structures must not exceed 6,500 square metres;
|
| (C) | Despite 40.10.20.100(17), the total gross floor area for all non-residential uses is a maximum of 800 square metres;
|
| (D) | Despite 40.5.40.10(1), height is measured as the distance between the Canadian Geodetic Datum elevation of 120.34 metres and the elevation of the highest point of the building or structure;
|
| (E) | Despite 40.10.40.10 (2) the maximum height of a building or structure must not exceed the height in metres specified by the numbers following the symbol HT on Diagram 3 in 1220-2019(LPAT);
|
| (F) | Despite 600.10.10 (1) (A) Tall Building Overlay, the required tower setbacks are not required;
|
| (G) | Despite (E) above and despite 40.5.40.10 (4) to (7), the following elements of a building may exceed the maximum building height indicated by the numbers following the HT shown on Diagram 3 of By-law 1220-2019(LPAT) to:
|
|
| (i) | a maximum of 2.75 metres for terrace or balcony guards and dividers, guards, guardrails, fences, retaining walls, landscape elements, elevated pool deck, and structures located on the roof used for outside or open air recreation purposes;
|
| (ii) | a maximum of 1.7 metres for planters, ornamental elements, fixed outdoor furniture, elevated pool;
|
| (iii) | a maximum of 4.6 metres for elevator over run, cooling tower, stairs, stair enclosures, screens, architectural elements, heating, cooling or ventilating equipment, wall or structure enclosing elements, and partitions; and
|
| (iv) | a maximum of 5.7 metres for cornices, parapets, roof drainage, thermal insulation and roof ballast, balustrades, window washing equipment, green roof elements, vents, flues, pipes, access roof hatch and safety railings, and structures located on the roof used for safety or wind protection purposes;
|
|
| (H) | Despite (E) and (G) above and despite 40.5.40.10 (4) and (5), the mechanical penthouse:
|
|
| (i) | may project up to a maximum of 4.5 metres above a height of 32.0 metres if the elements of the mechanical penthouse that are more than 3.5 metres in height, above the permitted height of 32.0 metres, are set back a minimum of 1.0 metre from the edge of the main mechanical penthouse footprint below;
|
| (ii) | may project up to a maximum of 3.5 metres above a height of 32.0 metres for those areas not in compliance with (i) above; and
|
| (iii) | may have elements listed in (G)(iv) which project above the permitted height of 32.0 metres and the mechanical penthouse areas;
|
|
| (I) | Despite regulations 40.5.40.70(1)(A) and 40.10.40.70(2) the minimum building setbacks above ground are as shown on Diagram 3 of By-law 1220-2019 (LPAT);
|
| (J) | Despite clause 40.10.40.60 and (I) above, the following elements of a building may encroach into a required building setback a maximum of:
|
|
| (i) | 0.5 metres for cornices, light fixtures, ornamental elements, building cladding, parapets, art and landscape features, landscaping elements, flutes, piers, pillars, pergolas, trellises, window sills, stair enclosures, stairs, site servicing features, retaining walls, wheel chair ramps and vehicular parking ramps; and
|
| (ii) | 3.1 metres for columns, balcony exoskeleton structures and cladding, guardrails, terraces, balconies, terrace or balcony platforms, terrace or balcony guards, dividers and railings, screens, awnings and canopies, and balconies;
|
|
| (K) | Despite 40.10.40.1(1), residential/shared service areas are permitted on the ground floor;
|
| (L) | Despite 40.10.40.1(2)(A), for any non-residential use, the floor level of the first storey may be within 0.3 metres of the ground measured at the lot line abutting the street directly opposite each pedestrian entrance;
|
| (M) | Despite 40.10.40.50, no indoor or outdoor amenity space is required;
|
| (N) | Despite 200.5.10.1(1), parking spaces must be provided and maintained in accordance with the following:
|
|
| (i) | 0.3 parking spaces for each bachelor dwelling unit;
|
| (ii) | 0.5 parking spaces for each one bedroom dwelling unit;
|
| (iii) | 0.8 parking spaces for each two bedroom dwelling unit;
|
| (iv) | 1.0 parking spaces for each three bedroom dwelling unit;
|
| (v) | No parking spaces are required for residential visitors; and
|
| (vi) | No parking spaces are required for non-residential uses ;
|
|
| (O) | Despite 200.5.10.10, a maximum of 10 parking spaces that are obstructed on only one side do not need to provide an increased width of 0.3 metres on the side that is obstructed;
|
| (P) | Despite 200.15.1(4) the accessible parking spaces:
|
|
| (i) | may not be the closest parking spaces to the entrance of the building; and
|
| (ii) | must be located a maximum of 26.0 metres from the passenger elevator that provides access to the first storey of the building;
|
|
| (Q) | Despite 220.5.1.10 (8)(D) and 220.5.10.1, a minimum of one loading space must be provided and maintained on the lands and must have a minimum length of 13.0 metres, a minimum width of 4.0 metres, and a vertical clearance of 5.4 metres;
|
| (R) | Despite 230.40.1.20 (2) the short-term bicycle parking spaces must be located a maximum of 53.0 metres from a pedestrian entrance to the building (measured as straight line distance and not as walking path distance);
|
| (S) | Despite 230.5.1.10(4), (5) and (9), bicycle parking spaces must be provided and maintained in accordance with the following:
|
|
| (i) | for residential uses, a minimum of 1.0 bicycle parking for each dwelling unit, space must be provided and maintained, comprised of:
|
|
| (a) | 0.87 bicycle parking spaces for each dwelling unit for residents; and
|
| (b) | 0.12 bicycle parking spaces for each dwelling unit for visitors; and
|
|
| (ii) | for non-residential uses, no bicycle parking spaces are required;
|
|
| (T) | Despite 230.5.1.10(4), (5) and (9):
|
|
| (i) | a bicycle parking space for residents may be provided in the form of a stacked bicycle parking space with a minimum vertical clearance of at least 1.0 metre, a minimum width of at least 0.3 metres, and a minimum length of 1.6 metres; and
|
| (ii) | a bicycle parking space for visitors may have a minimum vertical clearance of at least 1.9 metres, a minimum width of at least 0.6 metres, and a minimum length of at least 1.8 metres; and
|
|
| (U) | Despite any existing or future severances, partition, or division of the lands, the provisions of this By-law will apply to the whole of the lands as if no severance, partition, or division had occurred.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2)132 of former City of Toronto By-law 438-86. [ By-law: 1220-2019(LPAT) ]
|
|
| (182) | Exception CR 182 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 203-205 College Street, if the requirements in Section 5 and Schedule A of By-law 1218-2019(LPAT) are complied with then a building or structure, including a mixed-use building with public parking below grade, may be constructed in compliance with regulations (B) to (S) below;
|
| (B) | If the requirements of this exception are complied with, none of the provisions 40.10.40.1.(1), 40.10.50.10, 40.10.90.40(1), 40.10.20.100(17), 200.15.1.5(1), 230.5.1.10(7) and 600.10 and apply to prevent the erection or use of a building, structure, addition or enlargement permitted in subsections (C) to (S) below;
|
| (C) | Despite Regulation 5.10.40.70(1), (2) and (4) and clause 40.10.40.70, the required minimum building setbacks are as shown on Diagram 3 of By-law 1218-2019(LPAT);
|
| (D) | Despite (C) above and Clause 40.10.40.60, the following building elements and structures are permitted to encroach into the required building setbacks up to a maximum distance of 0.6 metres: architectural features, terraces, awnings, canopies, light fixtures, parapets, art and landscape features, patios, decks, pillars, trellises, terraces, eaves, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, fences, frames, screens, window washing equipment, and site servicing features;
|
| (E) | Despite (C) and (D) above and regulation 40.10.40.60(3)(B), wheelchair ramps may extend into the required building setbacks;
|
| (F) | Despite Clause 40.5.40.10 and Clause 40.10.40.10, no portion of the building may exceed the height in metres specified by the numbers following the symbol H on Diagram 3 of By-law 1218-2019(LPAT);
|
| (G) | For purposes of this exception, the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 102.5 metres in the year 2017;
|
| (H) | Despite (F) above and Clause 40.5.40.10, the following building elements and structures are permitted to extend above the heights shown on Diagram 3 of By-law 1218-2019(LPAT):
|
|
| (i) | access ladder, architectural frames, balustrades, chimney and flue stacks, communications equipment, cooling towers, doors, eaves, elements of a green roof, guard rails, insulation and roof surface materials, landscaping features, light fixtures, lightning rods, parapets, railings and dividers, roof drainage, roof hatch, screens, trellises, vents and air intakes and window washing equipment, up to a maximum height of 2.5 metres beyond the permitted height;
|
| (ii) | access stairs, safety or wind protection elements and structures for outside or open air recreation may be located up to a height of 26.0 metres above grade;
|
| (iii) | a generator and make-up air unit located on the roof outside of the portion of the roof labelled MPH on Diagram 3 may have a height greater than 94.5 metres, up to an additional 3.25 metres, if it is no closer than 3.0 metres from the inside edge of the main wall of the south tower edge, 5.0 metres from the inside edge of the main wall of the east tower edge and 5.0 metres from the inside edge of the main wall of the west tower edge, as identified on Diagram 3;
|
| (iv) | a screen and parapet that is beyond the portion of the roof labelled MPH on Diagram 3 may have a height greater than 94.5 metres, up to an additional 3.25 metres; and
|
| (v) | no gross floor area associated with residential uses may be located within a portion of a building or structure with a height that is equal to or greater than 94.5 metres above the Canadian Geodetic Datum elevation of 102.5 metres;
|
|
| (I) | Despite clause 40.10.40.40, the total gross floor area of buildings or structures on the lands must not exceed 18,200 square metres, of which a minimum of 1,650 square metres must be reserved for office use or education use, and which does not include the gross floor area associated with public parking;
|
| (J) | Regulation 40.10.40.1(2) must apply to a minimum of one pedestrian access to a unit containing any non-residential use on the first storey of the building, but is not required to apply to all pedestrian accesses;
|
| (K) | Despite Regulation 40.10.40.50(1), amenity space must be provided at a minimum rate of:
|
|
| (i) | 2.1 square meters for each dwelling unit for indoor amenity space; and
|
| (ii) | 1.6 square metres for each dwelling unit for outdoor amenity space;
|
|
| (L) | Despite clause 200.5.10.1 and Table 200.5.10.1, parking spaces must be provided and maintained in accordance with the following:
|
|
| (i) | a minimum of 0.17 parking spaces for each dwelling unit must be provided and maintained on the lot for the use of residents, of which 4 such spaces may be used as car-share parking spaces; and
|
| (ii) | a minimum of 0.06 parking spaces for each dwelling unit must be provided and maintained on the lot for the shared use of residential visitors and for patrons to the non-residential uses and may be provided in an area used for public parking;
|
|
| (M) | Despite clause 200.5.1.10, a maximum of 6 of the required parking spaces may have a minimum length of 5.3 metres;
|
| (N) | Despite Regulation 200.15.1(1), an accessible parking space must have the following minimum dimensions:
|
|
| (i) | length of 5.6 metres;
|
| (ii) | width of 3.4 metres; and
|
| (iii) | vertical clearance of 2.1 metres;
|
|
| (O) | The entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier-free aisle or path;
|
| (P) | For each car-share parking space provided on the lands, the minimum number of required parking spaces for residential uses may be reduced by 4 parking spaces. For the purposes of By-law 1218-2019(LPAT), a "car-share vehicle" means a vehicle available for rent, including an option for hourly rental, for the use of at least the occupants of the building erected on the lot, and a "car-share parking space" means a parking space used exclusively for the parking of a car-share vehicle;
|
| (Q) | Despite Chapter 220, minimum of one loading space – Type C and one loading space – Type G must be provided and maintained on the lot;
|
| (R) | Despite Regulation 230.5.1.10(10), all bicycle parking spaces may be located in a stacked bicycle parking space with minimum dimensions of 0.45 metres in width, 1.8 metres in length and 1.2 metres in vertical clearance; and
|
| (S) | A temporary sales presentation centre, which means an office, showroom or sales trailer used exclusively for the initial sale or leasing of dwelling units or non-residential units to be erected on the lot, is permitted on the lot for a period not to exceed three years commencing from the date of issuance of the Order approving By-law 1218-2019(LPAT) this by-law. and none of the other provisions of this By-law 1218-2019(LPAT) applies to such use.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1218-2019(LPAT) ] |
| (183) | Exception CR 183 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 3686-3688 St. Clair Avenue East a building, structure, addition or enlargement may be erected in compliance with (B) to (P) below;
|
| (B) | Despite regulation 40.5.40.10(1), the height of the building is measured as the vertical distance between the Canadian Geodetic Datum elevation of 164.4 metres and the highest point of the building;
|
| (C) | Despite regulation 40.10.40.10(2), the permitted maximum height of the building is as shown on Diagram 6 of By-law 687-2019;
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| (D) | Despite regulations 40.5.40.10(4), (5), and (6), and (C) above, guard rails, trellises, pergolas, privacy screens, ornamental and architectural elements, landscaping and planters, mechanical and electrical equipment, and enclosed stairwells providing rooftop access to terraces may exceed the permitted maximum height by 3.0 metres;
|
| (E) | Regulation 40.10.40.10(5) with respect to the minimum height of the first storey does not apply;
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| (F) | Regulation 40.10.40.1(1) with respect to the location of commercial uses in a mixed use building, does not apply;
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| (G) | Regulation 40.10.40.1(2) with respect to the location of entrances and first floor elevation for commercial uses, does not apply;
|
| (H) | Regulation 40.10.40.1(6) with respect to location of entrance when abutting residential zones, does not apply;
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| (I) | Despite regulation 40.10.30.40, any part of a building or structure that is permitted to encroach into a required minimum building setback, is not included in the calculation of lot coverage;
|
| (J) | Despite regulation 40.10.40.40(1), the maximum permitted gross floor area of a building is 2,000 square metres including a maximum of 100 square metres for non-residential uses;
|
| (K) | Despite Regulation 40.10.40.70(2), the minimum required building setbacks are as shown on Diagram 6 of By-law 687-2019;
|
| (L) | Despite regulations 40.10.40.60(1),(3),(5),(9) and (K), above, the following elements are permitted to encroach into the required building setbacks as follows:
|
|
| (i) | porches, exterior steps or ramps, screen wall, railings, sill or other similar architectural feature may be located 0.0 metres from a side lot line that does not abut a street;
|
| (ii) | terraces, planters and privacy screens located at the second storey may encroach into the required rear yard setback a maximum of 4.0 metres;
|
| (iii) | the main wall of the mechanical/electrical room may be located 5.0 metres from the rear lot line;
|
|
| (M) | Despite regulation 40.10.40.70(2), a 45 degree angular plane only applies along the north lot line and only encroachments permitted in (L) above may penetrate into the angular plane;
|
| (N) | Despite regulation 40.10.50.10(3) a minimum 1.5 metre wide strip of soft landscaping must only be provided along the part of the north lot line not used for electrical, utility or mechanical equipment;
|
| (O) | Regulation 40.10.80.20(2) with respect to the location of outdoor surface parking does not apply;
|
| (P) | Despite regulation 230.5.10.1(1) and Table 230.5.10.1(1), bicycle parking spaces for the building must be provided on the lot in accordance with the following:
|
|
| (i) | A minimum of 7 "long term" bicycle parking spaces;
|
| (ii) | A minimum of 3 "short term" bicycle parking spaces.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 687-2019 ] |
| (184) | Exception CR 184 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 545, 555, 561, 565, 583, 589, 591, 595, 599 and 601 Sherbourne Street, 306-334 Bleecker Street, 346-350 Bleecker Street, 354-368 Bleecker Street, 60-68 Earl Street, 280-294 Bleecker Street, 61 Earl Street and 3-7 Howard Street, if the requirements of Section 8 and Schedule A of By-law 1529-2019 are complied with, Regulations 40.10.40.10(2) and 40.10.40.40(1) do not apply to prevent the erection of mixed-use buildings and apartment buildings that comply with (B) to (P) below;
|
| (B) | Despite Regulation 40.10.40.40(1), the maximum gross floor area of Buildings E and F as shown on Diagram 6 of By-law 1529-2019, must not exceed 36,000 square metres, of which a maximum of 35,200 square metres may be used for residential uses, and a maximum of 800 square metres may be used for non-residential uses;
|
| (C) | Despite Regulation 800.50(300), in Area B as shown on Diagram 1 of By-law 1529-2019, excluding Building E as shown on Diagram 6 of By-law 1529-2019, gross floor area is defined by zoning by-law 438-86 and the maximum gross floor area is 114,950 square metres, of which a maximum of 109,720 square metres may be used for residential uses and a maximum of 5,250 square metres may be used for non-residential uses;
|
| (D) | In Buildings E and F as shown on Diagram 6 of By-law 1529-2019, the number of dwelling units and types of dwelling units must comply with the following:
|
|
| (i) | The maximum total number of dwelling units is 545;
|
| (ii) | The minimum number of three-bedroom dwelling units is 43; and
|
| (iii) | The minimum number of two-bedroom dwelling units is 137;
|
|
| (E) | Despite Regulations 5.10.40.70(1) and 40.10.40.70(2), the required minimum building setbacks are identified on Diagrams 6 and 7 of By-law 1529-2019;
|
| (F) | Despite Clause 40.10.40.60 and (E) above, the following are permitted to encroach into the required building setbacks shown on Diagram 6 of By-law 1529-2019:
|
|
| (i) | cornices, lighting fixtures, , ornamental elements, eaves, window sills, guardrails, balustrades, railings, wheel chair ramps, thermal insulation and roof ballast, and pipes , to a maximum of 0.3 metres;
|
| (ii) | window washing equipment and vents to a maximum of 3.0 metres;
|
| (iii) | canopies and awnings to a maximum of 3.5 metres; and
|
| (iv) | balconies to a maximum of 2.0 metres, provided they do not project beyond the lot line;
|
|
| (G) | Despite Clause 40.10.40.60 and (E) above, the following are permitted to encroach into the required building setbacks shown on Diagram 7 of By-law 1529-2019;
|
|
| (i) | awnings, lighting fixtures, ornamental elements, trellises, window sills, balustrades, stairs, stair enclosures, wheelchair ramps, underground garage ramps, landscape and public art features may extend to a maximum of 1.0 metres; and
|
| (ii) | balconies to a maximum of 1.5 metres;
|
|
| (H) | Despite Regulations 40.5.40.10(1), the height of a building or structure is measured as follows:
|
|
| (i) | For Buildings E and F as shown on Diagram 6 of By-law 1529-2019, as the distance between the Canadian Geodetic Datum elevation of 115.30 metres to the highest point of the building or structure;
|
| (ii) | in Area B as shown on Diagram 1 of By-law 1529-2019, excluding Building E as shown on Diagram 6 of By-law 1529-2019, as the distance between the Canadian Geodetic Datum elevation of 114.79 metres to the highest point of the building or structure;
|
|
| (I) | Despite Regulation 40.10.40.10(2), the permitted maximum height of any building must not exceed the height in metres specified by the numbers following the symbol "HT" on Diagrams 6 and 7 of By-law 1529-2019;
|
| (J) | Despite Clause 40.5.40.10 and (I) above, the following building elements and structures on Buildings E and F as shown on Diagram 6 of By-law 1529-2019 may project above the permitted maximum height shown on Diagram 6 of By-law 1529-2019:
|
|
| (i) | stairs and stair enclosures, elevator, heating, cooling or ventilating equipment, mechanical penthouse, wall or structure enclosing such elements to a maximum of 7.5 metres;
|
| (ii) | decks, planters, parapets, railings retaining walls, and roof access hatches to a maximum of 1.5 metres;
|
| (iii) | chimneys, fencing, landscape and public art features, lighting fixtures, ornamental elements, trellises, flues, pipes, stacks, structures located on the roof used for outside or open air recreation, terrace or balcony guard dividers, vents, wind protection and safety features to a maximum of 3.0 metres; and
|
| (iv) | waterproofing materials, pavers and green roof elements to a maximum of 0.4 metres;
|
|
| (K) | Despite Regulations 40.10.40.10(2),40.5.40.10, and (I) above, the following building elements and structures within Area B, as shown on Diagram 1 of By-law 1529-2019, excluding Building E as shown on Diagram 6 of By-law 1529-2019, may project above the permitted maximum height shown on Diagram 7 of By-law 1529-2019:
|
|
| (i) | the parapets, terrace guards and dividers, planters, railings, decorative screens, and window washing equipment to a maximum of 1.0 metres;
|
|
| (L) | A minimum of 3,440 square metres of landscaped open space must be provided on the lands, which may include structures that provide access to an underground parking garage that are both below ground level and above ground level with a maximum height of 3.0 metres and may include structures for venting that are at and/or below ground level provided that the total area of all access structure and venting structures does not exceed 90 square metres.
|
| (M) | Despite Regulation 40.10.40.50(1), amenity space must be provided for each building identified on Diagrams 6 and 7 of By-law 1529-2019, or on the lands, as follows:
|
|
| (i) | Building A – a minimum of 200 square metres of indoor amenity space for the dwelling units;
|
| (ii) | Building B – a minimum of 250 square metres of indoor amenity space for the dwelling units;
|
| (iii) | Building C – a minimum of 223 square metres of indoor amenity space for the dwelling units;
|
| (iv) | Building D – a minimum of 2.0 square metres of indoor amenity space per residential unit within Building D for the dwelling units;
|
| (v) | Building E – a minimum of 1,060 square metres of indoor amenity space for the dwelling units;
|
| (vi) | Building E – a minimum of 630 square metres of outdoor amenity space for the dwelling units; and
|
| (vii) | A minimum of 3,280 square metres of outdoor amenity space must be provided on the lands , excluding the outdoor amenity space required for Building E as specified in (M)(vi) above.
|
|
| (N) | Despite Regulations 200.5.1.10(2) and 200.5.10.1(1) and Articles 200.15.1 and 200.15.10, parking spaces must be provided and maintained on the lands as follows:
|
|
| (i) | a minimum of 597 parking spaces must be provided for the residents of the dwelling units;
|
| (ii) | a minimum of 206 parking spaces must be provided on Level P1 for visitors to residents of the dwelling units and non-residential uses;
|
| (iii) | a maximum of 93 parking spaces may be used as public parking;
|
| (iv) | of the total number of parking spaces on the lands, a maximum of 243 parking spaces may be obstructed on one side; and
|
| (v) | a minimum of 7 accessible parking spaces, which must have a minimum width of 3.65 metres and do not require an adjacent barrier-free aisle or path;
|
|
| (O) | Despite Clause 230.5.10, bicycle parking spaces must be provided and maintained for each building identified on Diagrams 6 and 7 of By-law 1529-2019, or on the lands follows:
|
|
| (i) | Buildings A, B and C – a minimum of 194 long-term bicycle parking spaces for the residents of the dwelling units;
|
| (ii) | Building D – a minimum of 246 long-term bicycle parking spaces for the residents of the dwelling units;
|
| (iii) | Building E – a minimum of 475 long-term bicycle parking spaces for the residents of the dwelling units;
|
| (iv) | a minimum of 150 short-term bicycle parking spaces for visitors of the dwelling units and non-residential uses for all buildings on the lands, of which a minimum of 40 short-term bicycle parking spaces must be provided above ground and the remaining must be located below ground in a secured room on Level P1;
|
| (v) | bicycle parking spaces may be stacked bicycle parking spaces; and
|
| (vi) | a stacked bicycle parking space may overlap an adjacent stacked bicycle parking space on one or both sides on the same tier to a maximum of 0.2 metres per side;
|
|
| (P) | Despite Clause 220.5.10.1(3), loading spaces must be provided on the lands in accordance with the following:
|
|
| (i) | a minimum of one loading space – type "A";
|
| (ii) | a minimum of four loading spaces – type "B";
|
| (iii) | a minimum of one loading space – type "C" that must be located in Building E as shown on Diagram 6 of By-law 1529-2019; and
|
| (iv) | a minimum of two loading space – type "G", one of which will have a minimum vertical clearance of 6.1 metres for 9.5 metres of its length; and
|
|
| (Q) | Despite Regulation 40.10.100.10(1), two vehicle accesses are permitted.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1529-2019 ] |
| (185) | Exception CR 185 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 1245 Dupont Street, 1260 Dufferin Street and 213 Emerson Avenue, if the requirements in Section 6 and Schedule A of By-law 1166-2019 are complied with, a building or structure may be constructed in compliance with regulations (B) to (DDD) below;
|
| (B) | Regulations 40.5.80.1(1), 40.5.80.10(1), 40.10.40.1(1), 40.10.40.80(2), 230.5.1.10(7), 230.5.1.10(8), and By-law 724-2004 do not apply;
|
| (C) | A retail store may include food or beverage manufacturing provided the interior floor area of the retail store, including the food or beverage manufacturing area, does not exceed 930 square metres;
|
| (D) | An eating establishment may include beverage manufacturing to a maximum total interior floor area of 85 percent of the total interior floor area of the eating establishment to a maximum of 5,000 square metres;
|
| (E) | Despite regulations 40.10.20.100(1), (16) and (17), an eating establishment, take-out eating establishment, entertainment place of assembly, place of assembly, recreation use, service shop, custom workshop, and retail service may exceed 400 square metres;
|
| (F) | Despite regulation 40.10.20.100(20)(C), the cumulative area of the outdoor sale or display of goods or commodities may not be more than 500 square metres;
|
| (G) | Despite regulation 40.10.20.100(21)(B), an outdoor patio with a maximum gross floor area of 725 square metres is permitted on Block 1, as shown on Diagram 3 to By-law 1166-2019, and an outdoor patio with a maximum gross floor area of 530 square metres is permitted on Block 4, as shown on Diagram 3 to By law 1166-2019;
|
| (H) | Despite regulation 40.10.20.100(21), a maximum of 15 percent of the gross floor area of an outdoor patio, up to a maximum of 50 square metres, may be used as the area from which entertainment such as performances, music and dancing may be provided;
|
| (I) | Despite regulation 150.100.30.1(2), an eating establishment with an interior floor area greater than 1,000 square metres is not required to be separated from a lot in the Residential Zone category or Residential Apartment Zone category;
|
| (J) | Despite regulations 150.96.30.1(3), (4) and (5), and 150.96.40.1(1) and (2), the setback, fencing and vehicle access requirements do not apply to a vehicle washing establishment located below ground;
|
| (K) | Despite regulation 150.96.20.1(3), the interior floor area of a retail store and personal service shop is not limited to 20 square metres where such uses are located on the same lot as a vehicle washing establishment;
|
| (L) | Despite regulation 150.96.40.1(2), the vehicle entrance and exit from a building containing a vehicle washing establishment may be 0 metres from any lot line abutting a street;
|
| (M) | Despite regulations 40.10.20.40(1) and 40.10.40.40(1), the maximum total gross floor area of all buildings on the lands outlined in heavy lines and zoned CR 0.6 (c0.6; r0.6) SS2 (x185) as shown on Diagram 2 to By-law 1166-2019, excluding below ground vehicle washing establishments, will be 245,500 square metres:
|
|
| (i) | the total maximum gross floor area occupied by residential uses is 217,000 square metres;
|
| (ii) | the total maximum gross floor area occupied by residential uses on each of Blocks 1, 2, 3, 4 and 5 as shown on Diagram 3 to By-law 1166-2019 will comply with the following:
|
|
| (a) | a maximum gross floor area of 43,150 square metres occupied by residential uses on Block 1;
|
| (b) | a maximum gross floor area of 28,600 square metres occupied by residential uses on Block 2;
|
| (c) | a maximum gross floor area of 50,600 square metres occupied by residential uses on Block 3;
|
| (d) | a maximum gross floor area of 50,800 square metres occupied by residential uses on Block 4; and
|
| (e) | a maximum gross floor area of 43,850 square metres occupied by residential uses on Block 5;
|
|
| (iii) | minimum gross floor area occupied by non-residential uses on each of Blocks 1, 2, 3, 4 and 5 as shown on Diagram 3 to By-law 1166-2019 will comply with the following:
|
|
| (a) | a minimum gross floor area of 12,500 square metres occupied by non-residential uses on Block 1;
|
| (b) | a minimum gross floor area of 4,900 square metres occupied by non-residential uses on Block 2;
|
| (c) | a minimum gross floor area of 2,500 square metres occupied by non-residential uses on Block 3;
|
| (d) | a minimum gross floor area of 4,300 square metres occupied by non-residential uses on Block 4; and
|
| (e) | a minimum gross floor area of 2,300 square metres occupied by non-residential uses on Block 5;
|
|
|
| (N) | Despite section (M) above, increases up to 10 percent of the maximum gross floor area occupied by residential uses permitted on each Block in subsection (M)(ii) above are allowed, provided the maximum gross floor area occupied by residential uses in all buildings provided on Blocks 1, 2, 3, 4, and 5, as shown on Diagram 3 to By-law 1166-2019, does not exceed 217,000 square metres;
|
| (O) | A total combined maximum of 2,896 dwelling units are permitted on Blocks 1, 2, 3, 4, and 5 as shown on Diagram 3 to By-law 1166-2019;
|
| (P) | All buildings containing dwelling units must contain:
|
|
| (i) | a minimum of 33 percent of dwelling units with two bedrooms; and
|
| (ii) | a minimum of 9 percent of dwelling units with three or more bedrooms;
|
|
| (Q) | Despite section (P) above, when buildings containing dwelling units have been erected on four of the five Blocks, exclusive of Block 6, as shown on Diagram 3 to By-law 1166-2019, then the dwelling unit mix for the remaining Block must ensure the following:
|
|
| (i) | a minimum of 37 percent of the total number of dwelling units on Blocks 1, 2, 3, 4, and 5 are two bedroom dwelling units;
|
| (ii) | a minimum of 10 percent of the total number of dwelling units on Blocks 1, 2, 3, 4, and 5 are three or more bedroom dwelling units; and
|
| (iii) | for the purposes of this section, " buildings have been erected" after the issuance of any Above Grade Building Permits that allow a building containing dwelling units;
|
|
| (R) | No building may be erected or used on a lot subject to street-related "Priority Uses" as shown on Diagram 6 to By-law 1166-2019 unless a minimum of 20 percent of the length of the exterior main wall along the "Priority Uses" frontage indicated by heavy black lines on Diagram 6 to By-law 1166-2019, at the first storey above ground is occupied by non-residential uses that have a maximum interior floor area of 400 square metres or less per retail unit;
|
| (S) | Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 120.95 metres to the highest point of a building or structure, except for those building elements and structures permitted to project above the heights shown on Diagrams 4 and 5 to By-law 1166-2019 in section (U) below;
|
| (T) | Despite regulation 40.10.40.10(2), the height of a building or structure may not exceed the height limits of the numbers following the symbol HT on Diagrams 4 and 5 to By-law 1166-2019;
|
| (U) | Despite section (T) above, a building or structure erected within an Angular Plane Zone on Diagram 4 or 5 to By-law 1166-2019 will be consistent with the following:
|
|
| (i) | a building or structure erected within Angular Plane Zone 1 on Diagram 5 to By-law 1166-2019, may not penetrate an angle of 75 degrees projected over Angular Plane Zone 1, originating at the eastern edge of Angular Plane Zone 1, starting at a height of 26.0 metres measured from the Canadian Geodetic Datum elevation of 120.95 metres, as indicated on Diagrams 4 and 5 to By-law 1166-2019. See Diagram 9 to By-law 1166-2019 for how an angular plane angle is measured;
|
| (ii) | a building or structure erected within Angular Plane Zone 2 on Diagrams 4 and 5 to By-law 1166-2019, may not penetrate an angle of 75 degrees projected over Angular Plane Zone 2, originating at the southern edge of Angular Plane Zone 2, starting at a height of 28.5 metres measured from the Canadian Geodetic Datum elevation of 120.95 metres, as indicated on Diagrams 4 and 5 to By-law 1166-2019. See Diagram 9 to By-law 1166-2019 for how an angular plane angle is measured; and
|
| (iii) | a building or structure erected within Angular Plane Zone 3 on Diagrams 4 and 5 to By-law 1166-2019, may not penetrate an angle of 80 degrees projected over Angular Plane Zone 3, originating at the northern edge of Angular Plane Zone 3, starting at a height of 26.0 metres measured from the Canadian Geodetic Datum elevation of 120.95 metres, as indicated on Diagrams 4 and 5 to By-law 1166-2019. See Diagram 9 to By-law 1166-2019 for how an angular plane angle is measured;
|
|
| (V) | Despite section (T) above, a building or structure erected within a Slope Zone on Diagram 4 or 5 to By-law 1166-2019 will be consistent with the following:
|
|
| (i) | a building or structure erected within the Slope Zone 1 on Diagram 5 to By-law 1166-2019, must be contained within the slope between the height of 55.5 metres and 73.5 metres, as indicated on Diagram 5 to By law 1166-2019;
|
| (ii) | a building or structure erected within the Slope Zone 2 on Diagram 5 to By-law 1166-2019, must be contained within the slope between the height of 41.4 metres and 73.5 metres, as indicated on Diagram 5 to By-law 1166-2019;
|
| (iii) | a building or structure erected within the Slope Zone 3 on Diagram 5 to By-law 1166-2019, must be contained within the slope between the height of 30.0 metres and 37.5 metres, as indicated on Diagram 5 to By-law 1166-2019; and
|
| (iv) | a building or structure erected within the Slope Zone 4 on Diagram 5 to By-law 1166-2019, must be contained within the slope between the height of 29.5 metres and 41.5 metres, as indicated on Diagram 5 to By-law 1166-2019;
|
|
| (W) | Despite regulations 40.5.40.10(3), (4), (5), (6), and (7), and 5.10.60.1(2), (3) and (4), and sections (T), (U) and (V) above, the following building elements and structures are permitted to project above the heights shown on Diagrams 4 and 5 to By-law 1166-2019:
|
|
| (i) | guard rails, railings, bollards, balustrades, eaves, roof drainage, balcony and terrace guards, fences, skylights, railings, planters, cornices, and seating areas, retaining walls, balcony and terrace dividers, decorative screens, privacy screens, wheelchair ramps and ramps to underground, safety and wind protection/mitigation features, solar panels and equipment may project a maximum of 3.0 metres above the height shown on Diagrams 4 and 5 to By-law 1166-2019;
|
| (ii) | ornamental elements, landscape elements, structures used for outside or open air recreation including pools and associated equipment, light monitors, light fixtures, pergolas, architectural features, trellises, awnings and canopies, excepting the canopy located within the canopy zone on Diagram 5, may project a maximum of 4.0 metres above the height shown on Diagrams 4 and 5 to By-law 1166-2019;
|
| (iii) | public art features, mechanical equipment, exoskeleton structures, stairs, stair towers and enclosures, enclosures of mechanical equipment, unenclosed heating equipment, may project a maximum of 6.0 metres above the height shown on Diagrams 4 and 5 to By-law 1166-2019;
|
| (iv) | elevator overruns, lightning rods, ventilation or cooling equipment such as chimneys, stacks, flues, vents, air intakes, antennas, satellite dishes, and cellular arrays, parapets and elements of a green roof may project a maximum of 6.9 metres above the height shown on Diagrams 4 and 5 to By-law 1166-2019; and
|
| (v) | window washing equipment including Building Maintenance Unit (BMU) may project above the height shown on Diagrams 4 and 5 to By-law 1166-2019;
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| (X) | Despite sections (T), (U) and (V) above and regulations 5.10.40.70(1), (2) and (4), 40.5.40.60(1), 40.5.40.70(1), 40.10.40.60(1), (2), (3), (4), (5), (6), (7), (8) and (9), 40.10.40.70(2) and (4), 40.10.40.80(2), and 5.10.60.1(4), no portion of a building or structure erected or used above ground level may be located otherwise than wholly within the building envelopes delineated by the heavy lines specified on Diagrams 4 and 5 to By-law 1166-2019, with the exception of the following (the " Building Elements and Encroachments"):
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| (i) | eaves, window sills, damper equipment to reduce building movement, architectural flutes, pillars and satellite dishes may encroach a maximum of 1.0 metre beyond any building envelope limit shown on Diagrams 4 and 5 to By-law 1166-2019;
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| (ii) | balconies, inclusive of any exoskeleton structures and exoskeleton cladding may encroach a maximum of 2.5 metres beyond any building envelope limit shown on Diagrams 4 and 5 to By-law 1166-2019, excluding slope zones;
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| (iii) | pergolas, guardrails, balustrades, railings, decorative / acoustic doors and screens, light fixtures, awnings and canopies, excepting the canopy located within the canopy zone on Diagram 5, may encroach a maximum of 3.0 metres beyond any building envelope limit shown on Diagrams 4 and 5 to By-law 1166-2019;
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| (iv) | trellises and planters may encroach a maximum of 5.0 metres beyond any building envelope limit shown on Diagrams 4 and 5 to By-law 1166-2019;
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| (v) | ventilation shafts, and elements required for the functional operation of a building, site servicing features, stairs, stair enclosures, wheelchair ramps, fences may encroach a maximum of 6.0 metres beyond any building envelope limit shown on Diagrams 4 and 5 to By-law 1166-2019; and
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| (vi) | public art installations, art and landscape features and window washing equipment including Building Maintenance Unit (BMU) may encroach beyond any building envelope limit shown on Diagrams 4 and 5 to By-law 1166-2019;
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| (Y) | Despite sections (T), (W), and (X) above and regulation 40.5.40.60(1), a canopy located within the Canopy Zone on Diagram 5 to By-law 1166-2019 may project between 10.0 and 19.0 metres above the heights shown on Diagram 5 to By-law 1166-2019 and may be located outside the building envelopes delineated by the heavy lines specified on Diagram 5 to By-law 1166-2019;
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| (Z) | None of the provisions of this By-law will apply to prevent the erection or use of a pergola, shade structure, weather protection canopy, landscape features including planters and plantings, water feature, furnishing elements, light fixtures, or public art on the lands shown as POPS on Diagrams 4 and 5 attached to By-law 1166-2019;
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| (AA) | Despite section (X) above, balconies are not permitted to project beyond the building envelope in the Balcony Restriction Zone as shown on Diagram 8 to By-law 1166-2019;
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| (BB) | Despite section (X) above, the first storey of a building located on Block 1, as indicated on Diagram 3 to By-law 1166-2019, must be set back a minimum of 6.5 metres from a lot line abutting Dufferin Street for a minimum distance of 50.0 metres running south, measured from the north-eastern most corner of the building. For the purposes of this provision, the setback must be taken from the lot line along Dufferin Street as it existed on May 1, 2018 despite any future conveyance;
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| (CC) | Despite regulation 40.10.40.60(1)(C), a platform attached to the front main wall of a building with a floor level higher than the floor level of the first storey of the building may be located immediately above the first storey of the building and may project beyond the front main wall of the storeys below;
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| (DD) | Despite regulation 5.10.40.70(2), and the building envelopes shown on Diagrams 4 and 5 to By-law 1166-2019, required minimum building setbacks do not apply to the parts of a building or structure that are below-ground and nothing in this By-law will prevent underground parking or underground structures from extending to the lot lines as defined by heavy lines on Diagram 1 to By-law 1166-2019;
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| (EE) | The areas identified as "tower zones" on Diagrams 4 and 5 to By-law 1166-2019 on Diagram 3 to By-law 1166-2019, are subject to the following:
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| (i) | for the purposes of this subsection, for Blocks 2, 4 and 5 on Diagram 3 to By-law 1166-2019 "tower" means a building or portions of a building which collectively enclose the entirety of a storey at an elevation higher than the Canadian Geodetic Datum elevation of 163.95 metres (43.0 metres of building height relative to the Canadian Geodetic Datum elevation of 120.95 metres);
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| (ii) | for the purposes of this subsection, for Block 3 on Diagram 3 to By-law 1166-2019 "tower" means a building or portions of a building which collectively enclose the entirety of a storey at an elevation higher than the Canadian Geodetic Datum elevation of 175.95 metres (55.0 metres of building height relative to the Canadian Geodetic Datum elevation of 120.95 metres);
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| (iii) | the floor plate of each tower at an elevation higher than the Canadian Geodetic Datum elevation of 163.95 metres on Blocks 2, 4 and 5 on Diagram 3 to By-law 1166-2019 must have a maximum gross floor area of 750 square metres measured from the exterior of the main wall of such floor level, and subject to the floor area reductions of regulation 40.5.40.40(3);
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| (iv) | the floor plate of each tower at an elevation higher than the Canadian Geodetic Datum elevation of 175.95 metres on Block 3 on Diagram 3 to By-law 1166-2019 must have a maximum gross floor area of 750 square metres measured from the exterior of the main wall of such floor level, and subject to the floor area reductions of regulation 40.5.40.40(3);
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| (v) | despite regulation 40.10.40.80(2), each main wall of a tower must be separated by at least 25.0 metres from a main wall of each other tower;
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| (vi) | if a line projected at a right angle from a main wall of a tower intercepts another main wall of the same tower, those main walls must be separated by a minimum of 25.0 metres;
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| (vii) | despite subsections (v) and (vi), the Building Elements and Encroachments of section (X) above are permitted to encroach into the required separation distances of subsections (v) and (vi) above; and
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| (viii) | despite subsections above, buildings or portions of buildings permitted to be greater in height than 43.0 metres on Diagrams 4 and 5 to By-law 1166-2019, that are not located within an area identified as a "tower zone" on Diagrams 4 and 5 to By-law 1166-2019, are not subject to subsections (i), (ii), (iii) and (iv) above, but are subject to subsections (v), (vi), and (vii) above;
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| (FF) | Despite regulation 40.10.40.50(1), amenity space must be provided on each of Blocks 1, 2, 3, 4, and 5, as shown on Diagram 3 to By-law 1166-2019, in accordance with the following:
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| (i) | indoor amenity space must be provided at a minimum rate of 1.5 square metres for each dwelling unit; and
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| (ii) | outdoor amenity space, which is not required to be directly accessible from indoor amenity space, must be provided in accordance with the following:
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| (a) | minimum rate of 1.3 square metres for each dwelling unit on Block 1;
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| (b) | minimum rate of 3.0 square metres for each dwelling unit on Block 2;
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| (c) | minimum rate of 1.2 square metres for each dwelling unit on Block 3;
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| (d) | minimum rate of 1.0 square metres for each dwelling unit on Block 4; and
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| (e) | minimum rate of 1.3 square metres for each dwelling unit on Block 5;
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| (GG) | Despite 40.10.40.1(1), indoor and outdoor residential amenity space may be located on the same level as non-residential use portions of a building;
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| (HH) | Despite regulation 200.5.1.10(2), a maximum of 10 percent of the total parking spaces provided on a lot may have a minimum width of 2.6 metres, despite being obstructed according to regulation 200.5.1.10(2)(D);
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| (II) | Despite regulation 200.5.1(2), clause 200.5.10.1 and Table 200.5.10.1, parking spaces must be provided and maintained in accordance with the following and may be located on any of the Blocks as shown on Diagram 3 to By-law 1166-2019:
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| (i) | for a dwelling unit used for affordable housing in a mixed use building, resident / tenant parking spaces at a minimum rate of 0.45 for each dwelling unit where:
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| (a) | "affordable housing" means rents which do not exceed the CMHC rent; and
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| (b) | "CMHC rent" means the average rent, inclusive of utilities, for private rental apartments by unit type for the City of Toronto as reported annually by Canada Mortgage and Housing Corporation in its Fall Update Rental Market Report;
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| (ii) | for a dwelling unit in a mixed use building, not captured in section (II)(i) above, resident/tenant parking spaces at a minimum rate of:
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| (a) | 0.6 for each bachelor dwelling unit;
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| (b) | 0.7 for each one bedroom dwelling unit;
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| (c) | 0.9 for each two bedroom dwelling unit; and
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| (d) | 1.0 for each three or more bedroom dwelling unit;
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| (iii) | Parking spaces for all other uses in accordance with the following:
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| (a) | AM = 6 a.m. to Noon (Morning), PM = Noon to 6 p.m. (Afternoon) and Eve = 6 p.m. to 6 a.m. (Evening);
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| (b) | minimum parking rate of 1.0 parking spaces for each 100 square metres of gross floor area used for non-residential uses, exclusive of office, eating establishment, take-out eating establishment and community centre at a parking occupancy rate of 20 percent in the AM, 100 percent in the PM and 100 percent in the Eve;
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| (c) | minimum parking rate of 0.35 parking spaces for each 100 square metres of gross floor area used for office at a parking occupancy rate of 100 percent in the AM, 60 percent in the PM and 0 percent in the Eve; and
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| (d) | minimum parking rate of 0.1 parking spaces for each dwelling unit at a parking occupancy rate of 10 percent in the AM, 35 percent in the PM and 100 percent in the Eve for the purposes of Dwelling Unit in a Mixed Use Building – Visitors;
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| (iv) | the minimum number of parking spaces required on the lands zoned CR 0.6 (c0.6; r0.6) SS2 (x185), as shown on Diagram 2 to By-law 1166-2019, based on subsection (iii) above is determined as follows:
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| (a) | for each of the morning, afternoon and evening parking periods identified in subsection (iii) above, the minimum number of parking spaces required for each use is calculated using the respective parking space rate and occupancy rate;
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| (b) | the minimum number of parking spaces required for each parking period is the total of the parking spaces required for all uses during that parking period; and
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| (c) | the minimum number of parking spaces required on a lot is equal to the largest number of parking spaces required for any parking period;
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| (v) | no parking is required for eating establishment, take-out eating establishment or community centre uses;
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| (vi) | car-share parking spaces are permitted;
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| (vii) | for each car-share parking space provided, the minimum number of parking spaces for residents/tenants required, may be reduced by four parking spaces where:
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| (a) | "car-share" means the practice whereby a number of people share the use of one or more motor vehicles that are owned by a profit or non-profit car-sharing organization and such car-share motor vehicles are made available to at least the occupants of the building for short term rental, including hourly rental; and
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| (b) | a "car-share parking space" means a parking space exclusively reserved and signed for a car used only for car-share purposes;
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| (viii) | the maximum number of car-share parking spaces that may be provided on any Block for each of the Blocks shown on Diagram 3 to By-law 1166-2019, are as follows:
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| (a) | maximum of 10 car-share parking spaces permitted for Block 1;
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| (b) | maximum of 6 car-share parking spaces permitted for Block 2;
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| (c) | maximum of 12 car-share parking spaces permitted for Block 3;
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| (d) | maximum of 12 car-share parking spaces permitted for Block 4; and
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| (e) | maximum of 10 car-share parking spaces permitted for Block 5;
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| (JJ) | Despite regulations 40.5.80.1(1), 40.5.80.10(1) and 200.5.1(2), the parking spaces required in section (II)(iii) above, may be:
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| (i) | provided on a non-exclusive basis;
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| (ii) | provided within a public parking facility; and
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| (iii) | provided on a Block within 350 metres of the Block containing the use for which the parking space is required;
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| (KK) | Despite regulation 200.5.1.10(12), the vehicle entrance or exit to a building may be 0 metres from the lot line abutting a street;
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| (LL) | Despite regulation 40.10.100.10(1)(c), more than one vehicle access is permitted on Blocks 3 and 5 as shown on Diagram 3 to By-law 1166-2019;
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| (MM) | Despite section 200.15 and By-law 579-2017, accessible parking spaces must be provided in accordance with the following:
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| (i) | An accessible parking space must have the following minimum dimensions:
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| (a) | length of 5.6 metres;
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| (b) | width of 3.9 metres; and
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| (c) | vertical clearance of 2.1 metres;
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| (ii) | Accessible parking spaces must be the parking spaces located:
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| (a) | closest to a main pedestrian access to a building; and
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| (b) | at the same level as the pedestrian entrance to the building;
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| (iii) | Clearly identified off street accessible parking spaces must be provided on the same lot as every building or structure erected or enlarged, if the total parking space requirement is 5 or more, in compliance with the following:
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| (a) | if the number of required parking spaces is 5 to 24, a minimum of 1 parking space must comply with the minimum dimensions for an accessible parking space;
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| (b) | if the number of required parking spaces is 25 to 100, a minimum of 1 parking space for every 25 parking spaces or part thereof must comply with the minimum dimensions for an accessible parking space; and
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| (c) | if the number of required parking spaces is more than 100, a minimum of 4 parking spaces plus 1 parking space for every 50 parking spaces or part thereof in excess of 100 parking spaces, must comply with the minimum dimensions for an accessible parking space;
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| (iv) | A minimum of 10 percent of the required parking spaces for a medical office must comply with the minimum dimensions for an accessible parking space;
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| (NN) | Despite clauses 220.5.1.10 and 220.5.10.1 and regulation 40.10.90.1(1), loading spaces must be provided and maintained in accordance with the following standards:
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| (i) | for each building containing dwelling units, only one loading space is required in the form of a Type "G" loading space;
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| (ii) | despite the requirements above and clauses 220.5.1.10 and 220.5.10.1, the minimum loading space requirement for a lot is the total of subsections (a), (b) and (c) below where two or more of the following non-residential uses are situated on a lot: office, retail store, eating establishment, take-out restaurant or personal service shop:
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| (a) | the minimum number of required loading spaces Type "B" on a lot is the largest number of loading spaces Type "B" required for any one of the uses above, plus the loading spaces Type "B" required for all other non-residential uses on the lot not listed above;
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| (b) | the minimum number of required loading spaces Type "C" on a lot is the largest number of loading spaces Type "C" required for any one of the uses listed above plus the loading spaces Type "C" required for all other non-residential uses on the lot that are not listed above; and
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| (c) | the requirement for a loading space Type "A", or a loading space Type "B" or a loading space Type "C" for non-residential uses on a lot will be deemed to be satisfied by the provision and maintenance of a loading space Type "G" required for residential uses on the lot;
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| (iii) | despite clauses 220.5.1.10 and 220.5.10.1, only one loading space Type "G" and one loading space Type "B" are required for the buildings on Block 2 as shown on Diagram 3 to By-law 1166-2019; and
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| (iv) | despite clauses 220.5.1.10 and 220.5.10.1, only one loading space Type "G" and one loading space Type "B" are required for the buildings on Block 4 as shown on Diagram 3 to By-law 1166-2019;
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| (OO) | Despite regulation 220.5.20.1(2), the maximum permitted slope of a driveway leading to any loading space is 15.0 percent;
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| (PP) | Despite regulation 40.10.90.40(3), a loading space may have its vehicle access through a main wall that faces a street;
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| (QQ) | All driveways and drive aisles must comply with the following:
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| (i) | the maximum permitted slope is 15.0 percent;
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| (ii) | the maximum permitted slope for a minimum distance of 3.0 metres at the top and bottom of a ramp is 7.5 percent; and
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| (iii) | despite subsections (i) and (ii) above, the maximum permitted slope within 6.0 metres of a property line is 5.0 percent;
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| (RR) | | |
