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Chapter 900 Site Specific Exceptions
900.21 EL - Zone
| (1) | EL Zone Exceptions |
| The regulations located in Article 900.21.10 apply only to the exceptions subject to the EL zone and identified with the corresponding exception number.
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| (1) | Exception EL 1 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing Bylaws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | Parking spaces must be provided at a minimum rate of 1.0 for each 48 square metres of gross floor area used for an office.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1054-2013 ] |
| (2) | Exception EL 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) | In addition to the uses permitted in Article 60. 10. 20, a vehicle repair shop and vehicle fuel station are also permitted; and
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| (B) | The minimum building setback is 0.91 metres from the north lot line and 1.34 metres from the south lot line if no less than 5 parking spaces are provided.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (3) | Exception EL 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 listed in Article 60.10.20, retail store is a permitted use only if it is a grocery store;
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| (B) | The maximum gross floor area permitted for retail store use for the building located on the land municipally known as 108 Vine Avenue is 2,000 square metres;
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| (C) | The required loading space for 108 Vine Avenue must be located on the west side of the building;
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| (D) | Despite Regulation 60.5.80.10(3), parking for retail store use located on 108 Vine Avenue will be located on 162 Vine Avenue; and
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| (E) | Despite Regulation 200.5.10.1(1), the required minimum parking space rate is:
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| (i) | 2.9 parking spaces for each 100 square metres of grocery store use; and
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| (ii) | 1.7 parking spaces for each 100 square metres of office use.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 105-2017 ] |
| (4) | Exception EL 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 Article 60.10.20, the processing of honey is also permitted;
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| (B) | The westerly side yard may be used for the outside storage if it is for the storage of barrels of honey; and
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| (C) | No part of the barrel may be more than 2.5 metres above the ground.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (6) | Exception EL 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: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 64.30(8) of former North York zoning by-law 7625.
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| (7) | Exception EL 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: |
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| (A) | Despite the uses permitted in Article 60.10.20, a public storage warehouse is not permitted.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (8) | Exception EL 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: |
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| (A) | Despite regulation 60.10.20.10(1), the following additional uses are permitted:
Art Gallery
Personal Service Shop
Pet Services
Retail Service
Wellness Centre
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| (B) | Despite regulation 60.10.20.100(5) in the EL zone, a retail store is not required to be associated with a permitted manufacturing use and the gross floor area of a retail store on a lot may not exceed 6,000 square metres;
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| (C) | Regulations 60.10.20.100(5) and 60.10.20.100(14) regarding conditions for an eating establishment and take-out eating establishment do not apply;
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| (D) | Despite regulation 60.5.100.1(1), a driveway may have a minimum width of 5.5 metres;
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| (E) | Despite regulation 60.10.50.10(1), a soft landscaping strip is not required;
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| (F) | Despite regulation 200.5.1.10(2), a parking space may have the following minimum dimensions:
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| (i) | length of 5.25 metres;
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| (G) | Despite regulation 200.5.10.1(1), the minimum number of parking spaces is 157 spaces; and
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| (H) | Despite clause 220.5.10.1, no loading spaces are required.
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Prevailing By-laws and Prevailing Sections: (None apply)
[ By-law: 275-2019(LPAT) ] |
| (9) | Exception EL 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 uses permitted in Clause 60.10.20.10, the following additional uses are permitted:
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| (i) | district heating and cooling plant;
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| (ii) | public works yard;
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| (B) | Despite the uses listed in Clause 60.10.20.10 and 60.10.20.20, the following uses are not permitted:
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| (i) | dry cleaning or laundry plant;
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| (ii) | self-storage warehouse;
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| (iii) | crematorium;
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| (iv) | plastic product manufacturing use;
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| (C) | Despite Regulation 60.12.20.100 (19), a Transportation Use is only permitted if it is operated by the Toronto Transit Commission;
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| (D) | In addition to Regulation 60.10.20.100 (7), a Contractor's Establishment may not store loose materials such as sand, gravel or concrete on the lot unless enclosed in a building;
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| (E) | On 650 Commissioners Street, despite Regulation 60.10.20.100(12), Open Storage:
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| (i) | may be associated with a permitted use;
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| (ii) | may be greater than 10% of the lot area;
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| (iii) | may not be in the front yard; and
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| (iv) | must have a minimum setback of 3.0 metres from any lot line;
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| (F) | In addition to Clause 60.10.20.100, the following conditions apply to Open Storage:
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| (i) | on a lot with Open Storage, an opaque visual barrier, such as a fence, must be provided:
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| (a) | Along all lot lines that abut a street, except for the portions used for vehicle and pedestrian access; or
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| (b) | Along the entire perimeter of the portion of the lot that is used for Open Storage; and
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| (c) | Along all lot lines that abut a lot in the Open Space Zone Category;
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| (G) | Despite Clause 60.10.20.10, a Warehouse use is permitted if the use does not exceed the lesser of:
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| (i) | 50 percent of the interior floor area of the building; or
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| (ii) | 2,000 square meters of interior floor area of the building;
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| (H) | Despite Clause 60.10.20.10, a Warehouse use may not be used for the purposes of, or in association with, a postal or courier service;
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| (I) | Despite (H) above, on 600 Commissioners Street, a Warehouse may be used for the purposes of, or in association with a postal or courier service;
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| (J) | Despite Clause 60.10.20.10, a Wholesaling Use is permitted if the use does not exceed the lesser of:
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| (i) | 50 percent of the interior floor area of the building; or
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| (ii) | 2,000 square meters of interior floor area of the building;
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| (K) | Despite (G) and (H) above, the cumulative interior floor area of all portions of a building used for Wholesaling Use and Warehouse use within a building may not exceed 50 percent of the interior floor area of the building;
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| (L) | Despite Clause 60.10.20.10, an Office use is permitted if the use does not exceed 75 percent of the interior floor area of a building;
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| (M) | Despite Regulation 60.10.20.20.(1), a Marihuana Production Facility is a permitted use if it complies with the specific use regulations in Section 150.60;
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| (N) | Despite Regulation 60.10.20.20(1), all Manufacturing Uses are permitted, except:
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| (i) | abattoir, Slaughterhouse or Rendering of Animals Factory; Ammunition, Asphalt Plant; Cement Plant; Concrete Batching Plant; Firearms or Fireworks Factory; Crude Petroleum Oil or Coal Refinery; Explosives Factory; Industrial Gas Manufacturing; Large Scale Smelting or Foundry Operations for the Primary Processing of Metals; Pesticide or Fertilizer Manufacturing; Petrochemical Manufacturing; Plastic Product manufacturing use, Primary Processing of Gypsum; Primary Processing of Limestone; Primary Processing of Oil-based Paints, Oil-based Coatings or Adhesives; Pulp Mill, using pulpwood or other vegetable fibres; Resin, Natural or Synthetic Rubber Manufacturing; and Tannery; and
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| (ii) | a Manufacturing Use may not exceed 5,000 square metres of interior floor area of the building;
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| (O) | Despite Regulation 60.10.20.100 (5) and (6), a Retail Store, Eating Establishment and Take-out Eating Establishment are permitted, if they do not exceed 3,500 square metres of interior floor area of a building, comply with (T) and (U) below, and any eating establishment must comply with the specific use regulations in 150.100;
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| (P) | Despite Clause 60.10.20.10, a Financial Institution is not permitted within 20 metres of a an intersection of streets and must comply with (T) and (U) below;
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| (Q) | Despite Regulation 60.10.20.20(1), the following additional uses are permitted if they comply with the conditions set out (T) and (U) below:
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| (i) | art gallery;
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| (ii) | personal service shop;
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| (iii) | pet services;
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| (iv) | amusement arcade;
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| (v) | library;
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| (vi) | museum;
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| (vii) | performing arts studio; and
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| (viii) | recreation use;
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| (R) | Despite Regulation 60.10.20.100(11), an outdoor patio must:
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| (i) | be combined with the following uses:
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| (a) | Cabaret;
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| (b) | Place of Assembly;
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| (c) | Entertainment Place of Assembly;
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| (d) | Nightclub;
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| (e) | Recreation Use; or
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| (f) | Take-out Eating Establishment;
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| (ii) | not be used to provide entertainment such as performances, music and dancing;
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| (iii) | be located entirely within 5 metres of a lot line abutting Leslie Street, Commissioners Street or Carlaw Avenue; and
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| (iv) | comply with the conditions set out in (T) and (U) below;
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| (S) | Despite Clause 60.10.20.20 , Place of Assembly, Entertainment Place of Assembly, Cabaret and Nightclub are permitted uses, if the cumulative area of these uses does not exceed 600 square metres of interior floor area of a building and they comply with the conditions set out in (T) and (U) below;
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| (T) | No building or structure with a lot line abutting Carlaw Avenue may be erected or used on a lot unless the following conditions are satisfied:
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| (i) | despite Clauses 60.10.20.10 and 60.10.20.20, a minimum of 60 percent of the cumulative length of the exterior main walls of the building or structure at the first storey above ground must be used for the purpose of one or more of the following:
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| (a) | Art Gallery;
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| (b) | Artist Studio;
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| (c) | Financial Institution;
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| (d) | Personal Service Shop;
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| (e) | Pet Services;
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| (f) | Retail Store;
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| (g) | Eating Establishment;
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| (h) | Take-out Eating Establishment;
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| (i) | Amusement Arcade;
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| (j) | Custom Workshop;
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| (k) | Library;
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| (l) | Museum;
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| (m) | Performing Arts Studios;
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| (n) | Recreation Use;
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| (o) | Place of Assembly;
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| (p) | Entertainment Place of Assembly;
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| (q) | Cabaret; and
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| (r) | Nightclub;
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| (ii) | of the uses set out in (T)(i), a lobby of a building may be used for up to 20 percent of the required 60 percent of the cumulative length of the exterior main walls of the building or structure at the first storey above ground;
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| (iii) | the permitted maximum unit widths for uses on the first storey above ground is:
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| (a) | 7.0 metres for uses listed in (T)(i) above; and
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| (b) | A total of one unit may be 14.0 metres for the uses listed in (T) above, provided this unit is able to be demised into two 7.0 metre wide units at a future date; and
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| (iv) | the uses in (T)(i) above are permitted on any storey of a building, if the use is located entirely within 30.0 metres of a lot line abutting Carlaw Avenue, except that this location restriction does not apply to any artist studio, custom workshop or performing arts studio use;
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| (v) | the floor level of the first storey of a building must be within 0.2 metres of the ground measured at the lot line abutting the street directly opposite each pedestrian entrance; and
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| (vi) | any use located in the first storey must have a principal entrance accessed from Carlaw Avenue 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;
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| (U) | Despite Clauses 60.10.20.10 and 60.10.20.20, the following additional uses are permitted on any storey of a building, if the use is located entirely within 30.0 metres of a lot line abutting Lake Shore Boulevard East, Leslie Street, Commissioners Street, or the future Caroline Extension:
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| (i) | art gallery;
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| (ii) | artist studio;
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| (iii) | financial institution;
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| (iv) | personal service shop;
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| (v) | pet services;
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| (vi) | retail store;
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| (vii) | eating establishment;
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| (viii) | take-out eating establishment;
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| (ix) | amusement arcade;
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| (x) | custom workshop;
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| (xi) | library;
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| (xii) | museum;
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| (xiii) | performing arts studios;
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| (xiv) | recreation use;
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| (xv) | post secondary school;
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| (xvi) | place of assembly;
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| (xvii) | entertainment place of assembly;
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| (xviii) | cabaret; and
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| (xix) | nightclub;
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| (V) | Despite (U) above, and Clauses 60.10.20.10 and 60.10.20.20, no building or structure with a lot line abutting Lake Shore Boulevard East, Leslie Street, Commissioners Street or a future extension of Caroline Avenue may be erected or used on a lot unless the following conditions are satisfied:
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| (i) | the 30.0 metre location restriction for uses described in (U) above does not apply to Artist Studio, Custom Workshop or Performing Arts Studio uses;
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| (ii) | the permitted maximum unit widths for uses described in (U) above on the first storey above ground must be:
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| (a) | 7.0 metres for uses listed in (U) above;
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| (b) | A total of one unit may be 14.0 metres for the uses listed in (U) above, provided this unit is able to be demised into two 7.0 metre wide units at a future date; and
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| (c) | Unit width restrictions in (a) and (b) in do not apply to Artist Studio, Custom Workshop or Performing Arts Studio uses;
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| (iii) | the floor level of the first storey must be within 0.2 metres of the ground measured at the lot line abutting the street directly opposite each pedestrian entrance; and
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| (iv) | any use located in the first storey must have principal entrances accessed from Lake Shore Boulevard East, Leslie Street, Commissioners Street, or a future extension of Caroline Avenue 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;
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| (W) | Any portion of a building or structure located within 30.0 metres of a lot line abutting Leslie Street, Commissioners Street, Carlaw Avenue and a future extension of Caroline Avenue must:
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| (i) | have a required minimum height of 12.0 metres and have at least 3 storeys; and
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| (ii) | have a required minimum first storey height of 5.0 metres, measured between the top of the floor of the first storey and the underside of the ceiling of the first storey;
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| (X) | Despite Regulation 60.10.40.70 (1) for a building located on a lot with a front lot line abutting Carlaw Avenue, Leslie Street, Commissioners Street and a future extension of Caroline Avenue, a minimum of 60 percent of the total width of the front walls meeting the height requirements in (W)(i) above must be located within 0 metre of the front lot line;
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| (Y) | Despite Regulation 60.10.40.70 (1), above, any main wall of a building not exceeding 12.0 metres in height and facing a lot line abutting one of the streets below must be located within 0 metre of the portion of a lot line located less than 30.0 metres from the intersections of the following streets:
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| (i) | Lake Shore Boulevard East and Carlaw Avenue;
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| (ii) | Lake Shore Boulevard East and Leslie Street;
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| (iii) | Lake Shore Boulevard East and a future extension of Caroline Avenue;
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| (iv) | Commissioners Street and Carlaw Avenue;
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| (v) | Commissioners Street and a future extension of Caroline Avenue; and
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| (vi) | Commissioners Street and Leslie Street;
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| (Z) | Despite Regulation 60.10.40.70 (2), the required minimum building setback from a side lot line excludes any part of the building or structure that is less than 30.0 metres from a lot line abutting a street, in which case no side yard setback is required. Regulation 60.10.40.70(2) continues to apply to any part of a building or structure that is further than 30 metres from a lot line abutting a street;
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| (AA) | Despite Clause 60.10.40.70, on any lot abutting Carlaw Avenue or Caroline Avenue, the required minimum building setback from a lot line that abuts that street is 5.0 metres for any portion of the building or structure which exceeds a height of 18.0 metres;
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| (BB) | Despite Regulation 60.10.50.10(1), a lot abutting Carlaw Avenue, Leslie Street, Commissioners Street or a future extension of Caroline Avenue are not subject to minimum front yard landscaping requirements;
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| (CC) | Despite Clause 60.5.80.10, a parking space may not be in:
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| (i) | a front yard; or
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| (ii) | a side yard abutting a street; or
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| (iii) | be located in a side yard not abutting a street, if the parking space is set back a minimum of 5.0 metres from a front lot line;
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| (DD) | Despite Regulation 60.10.94.40(1):
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| (i) | where a lot abuts a lane, vehicle access to a loading space or parking space must be from the lane;
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| (ii) | if the corner lot does not abut a lane and has at least one lot line abutting a street which is not a major street on the Policy Overlay Map, vehicle access to a loading space or a parking space must be from the street which is not a major street; and
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| (iii) | only one vehicle access is permitted;
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| (EE) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, for a Bindery, Building Supply Yard, Carpenter's Shop, Cold Storage, Custom Workshop, Laboratory, Manufacturing Use, Marijuana Production Facility, Metal Factory, Printing Establishment, Cold Storage , Production Studio, Public Works Yard, Warehouse and Wholesaling Use, parking spaces must be provided at a minimum rate of 0.15 for each 100 square metres of gross floor area and a maximum rate of 0.75 for each 100 square metres of gross floor area; and
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| (FF) | Despite Regulation 230.5.10.1(1) and Table 230.5.10.1(1), a Bindery, Building Supply Yard, Carpenter's Shop, Cold Storage, Custom Workshop, Laboratory, Manufacturing Use, Marijuana Production Facility, Metal Factory, Printing Establishment, Cold Storage , Production Studio, Public Works Yard, Warehouse and Wholesaling Use must provide 0.25 bicycle parking spaces per 100 square metres of interior floor area, with the following allocated as follows:
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| (i) | 10 percent short-term bicycle parking spaces; and
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| (ii) | 90 percent long-term bicycle parking spaces.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(1) 221 of the former City of Toronto By-law 438-86;
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| (B) | On 1025 Lake Shore Blvd E, former City of Toronto by-law 198-2005; and
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| (C) | On 675 Commissioners St, former City of Toronto by-law 522-2018. [ By-law: 1307-2019 Under Appeal ]
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| (10) | Exception EL 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 Article 60.10.20, an animal hospital is also permitted; and
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| (B) | The minimum building setback of any structure or building from the centre line of Oakdale Rd. is 26.51 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (11) | Exception EL 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) | On the lands shown as Blocks 1A, 2 and 3A on Diagram 6 of By-law 1101-2022, if the requirements of Section 18 and Schedule A of By-law 1101-2022 are complied with, buildings and structures in compliance with (B) through (KK) below, may be erected or used, and:
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| (i) | Prior to the lifting of the H symbol as described in Section 17 on Blocks 1A, 2 and 3A as shown on Diagram 6 of By-law 1101-2022, the only interim uses that are permitted, provided they are located entirely within the portion of the "block" located in the Employment Light Industrial Zone category, and which must comply with the requirements of By-law 569-2013 instead of this site-specific provision, include:
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| (a) | art gallery;
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| (b) | artist studio;
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| (c) | beverage manufacturing use, provided it occupies only one storey, and the permitted maximum interior floor area is 1,000 square metres;
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| (d) | bindery;
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| (e) | cold storage, provided it is not located on the ground floor of a building;
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| (f) | custom workshop;
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| (g) | eating establishment, provided that the total interior floor area of all eating establishments for each "block" as shown on Diagram 6 of By-law 1101-2022 does not exceed 500 square metres;
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| (h) | education use;
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| (i) | financial institution;
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| (j) | food manufacturing use, provided it occupies only one storey, and the permitted maximum interior floor area is 1,000 square metres;
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| (k) | laboratory, provided it occupies only one storey, and the permitted maximum interior floor area is 1,000 square metres;
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| (l) | market garden;
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| (m) | massage therapy;
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| (n) | medical office;
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| (o) | office;
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| (p) | outdoor patio;
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| (q) | outdoor sales or display, provided it is ancillary to another use permitted in this section and the cumulative area of the outdoor sales or display of goods or commodities is not more than 25 percent of the gross floor area of the premises it is associated with, up to a maximum of 1,500 square metres;
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| (r) | park;
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| (s) | performing arts studio;
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| (t) | personal service shop;
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| (u) | pet services;
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| (v) | production studio;
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| (w) | public parking, provided it is ancillary to uses permitted in this section and is not located in an above ground parking garage;
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| (x) | recreation use, provided the use is a fitness club;
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| (y) | retail service, provided the maximum interior floor area of all retail services on each "block" as shown on Diagram 6 of By-law 1101-2022 is 400 square metres. The calculation of total interior floor area is reduced by items listed in regulation 60.5.40.40(1);
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| (z) | retail store, provided that a retail store which includes a beverage manufacturing use for beer, cider or wine, is limited to an interior floor area of 400 square metres;
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| (aa) | self-storage warehouse, provided it does not exceed an interior floor area for each "block" as shown on Diagram 6 of By-law 1101-2022 of 400 square metres and it is not located on the ground floor of a building;
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| (bb) | service shop;
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| (cc) | software development and processing, provided it is located above the ground floor of a building, and the portion of the software development and processing that is dedicated to the storage and distribution of electronic data is limited to 400 square metres of interior floor area;
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| (dd) | take-out eating establishment, provided that the total interior floor area of all take-out eating establishments for each "block" as shown on Diagram 6 of By-law 1101-2022 does not exceed 500 square metres;
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| (ee) | sales centre for the purpose of the sale of dwelling units or commercial space;
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| (ff) | transportation use;
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| (gg) | vehicle dealership, provided it is limited to 400 square metres of interior floor area and does not include the outside display and storage of vehicles;
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| (hh) | vehicle fuel station, provided it is ancillary to a vehicle dealership;
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| (ii) | vehicle service shop, provided it is ancillary to a vehicle dealership;
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| (jj) | veterinary hospital; and
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| (kk) | wellness centre;
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| (B) | Despite clauses 60.10.20.10 and 60.10.20.20, the following uses are only permitted if they are located entirely within the portion of the building located in the Employment Light Industrial Zone category:
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| (i) | beverage manufacturing use, provided it occupies only one storey, and despite regulation 60.10.20.100(9), the permitted maximum interior floor area is 1,000 square metres;
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| (ii) | bindery;
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| (iii) | carpenters shop;
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| (iv) | contractors establishment, provided it complies with regulation 60.10.20.100(7);
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| (v) | food manufacturing use, provided:
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| (a) | despite regulation 60.10.20.100(9), the permitted maximum interior floor area of the food manufacturing use is 1,000 square metres;
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| (b) | the food manufacturing use may occupy a maximum of one storey in a building in each "block" as shown on Diagram 6 of By-law 1101-2022; and
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| (c) | the food manufacturing use must comply with regulation 60.10.20.100(10);
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| (vi) | printing establishment, provided:
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| (a) | it occupies a maximum of one storey; and
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| (b) | the permitted maximum interior floor area is 1,000 square metres;
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| (vii) | warehouse, provided:
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| (a) | it is not located on the ground floor of a building; and
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| (b) | the permitted maximum interior floor area is 1,000 square metres;
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| (viii) | wholesaling use, provided:
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| (a) | it is not located on the ground floor of a building; and
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| (b) | the permitted maximum interior floor area is 1,000 square metres;
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| (C) | Despite clauses 60.10.20.10 and 60.10.20.20, the following uses are not permitted;
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| (i) | apparel and textile manufacturing use;
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| (ii) | crematorium;
|
| (iii) | dry cleaning or laundry plant;
|
| (iv) | furniture manufacturing use;
|
| (v) | industrial sales and service use;
|
| (vi) | metal products manufacturing use;
|
| (vii) | open storage; and
|
| (viii) | plastic manufacturing use;
|
|
| (D) | In addition to the permitted uses listed in clause 60.10.20.10, the following uses are also permitted;
|
|
| (i) | art gallery;
|
| (ii) | cold storage, provided it is not located on the ground floor of a building;
|
| (iii) | computer, communications, electronics, or optical media manufacturing use, provided:
|
|
| (a) | it is located entirely within the portion of the building located in the Employment Light Industrial Zone category;
|
| (b) | it is not located on the ground floor of a building; and
|
| (c) | the permitted maximum interior floor area is 1,000 square metres;
|
|
| (iv) | courts of law;
|
| (v) | massage therapy;
|
| (vi) | medical equipment and supplies manufacturing use, provided:
|
|
| (a) | it is located entirely within the portion of the building located in the Employment Light Industrial Zone category;
|
| (b) | it is not located on the ground floor of a building; and
|
| (c) | the permitted maximum interior floor area is 1,000 square metres;
|
|
| (vii) | medical office;
|
| (viii) | museum;
|
| (ix) | outdoor sales or display, provided:
|
|
| (a) | it is combined with another permitted non-residential use;
|
| (b) | no goods or commodities may be displayed within 15.0 metres of a lot line that abuts a lot in the Residential Zone category or Residential Apartment Zone category;
|
| (c) | the cumulative area of the outdoor sales or display of goods or commodities may not be more than 25 percent of the gross floor area of the premises it is associated with, up to a maximum of 1,500 square metres;
|
| (d) | the area for the outdoor sales or display of goods or commodities may not be located in areas required by By-law 1011-2022 for parking, loading, driveways or landscaping; and
|
| (e) | there may be no storage or warehousing of goods in a vehicle;
|
|
| (x) | personal service shop;
|
| (xi) | pet services;
|
| (xii) | pharmaceutical and medicine manufacturing use, provided:
|
|
| (a) | it is located entirely within the portion of the building located in the Employment Light Industrial Zone category;
|
| (b) | it is not located on the ground floor of a building; and
|
| (c) | the permitted maximum interior floor area is 1,000 square metres;
|
|
| (xiii) | public parking, provided:
|
|
| (a) | it is below ground; and
|
| (b) | a maximum of one building for parking attendants is permitted on each "block" as shown in Diagram 6 of By-law 1101-2022;
|
|
| (xiv) | retail service, provided the maximum interior floor area of all retail services on each "block" as shown on Diagram 6 of By-law 1101-2022 is 400 square metres. The calculation of total interior floor area is reduced by items listed in regulation 60.5.40.40(1);
|
| (xv) | retail store, provided that a retail store which includes a beverage manufacturing use for beer, cider or wine, is limited to an interior floor area of 400 square metres;
|
| (xvi) | vehicle dealership, provided it is limited to 400 square metres of interior floor area and it does not include the outside display and storage of vehicles;
|
| (xvii) | vehicle fuel station, provided it is ancillary to a vehicle dealership;
|
| (xviii) | vehicle service shop, provided it is ancillary to a vehicle dealership;
|
| (xix) | vehicle washing establishment, permitted it is located below ground;
|
| (xx) | veterinary hospital; and
|
| (xxi) | wellness centre;
|
|
| (E) | Despite regulation 60.10.20.20(1), software development and processing is only permitted if:
|
|
| (i) | the software development and processing is located above the ground floor of a building; and
|
| (ii) | the portion of the software development and processing that is dedicated to the storage and distribution of electronic data is limited to 400 square metres of interior floor area;
|
|
| (F) | Despite regulation 60.10.20.10(1), self-storage warehouse is only permitted if:
|
|
| (i) | it does not exceed an interior floor area for each "block" as shown on Diagram 6 of By-law 1101-2022 of 400 square metres; and
|
| (ii) | it is not located on the ground floor of a building;
|
|
| (G) | Despite regulation 60.10.20.20(1), eating establishment is permitted, provided it complies with regulation 60.10.20.100 (14);
|
| (H) | Despite regulation 60.10.20.100(6), the total interior floor area of all eating establishments for each "block" as shown on Diagram 6 of By-law 1101-2022 may not exceed 500 square metres;
|
| (I) | Despite regulation 60.10.20.100(6), the total interior floor area of all take-out eating establishments for each "block" as shown on Diagram 6 of By-law 1101-2022 may not exceed 500 square metres;
|
| (J) | Despite regulation 60.10.20.20(1), education use is permitted, provided that where an education use is located in the portion of a building in the Employment Light Industrial Zone category, that education use shall be in compliance with regulation 60.10.20.100(4);
|
| (K) | Despite regulation 60.10.20.20(1), public utility is permitted, provided it is not a water filtration plant, and it complies with regulations 60.10.20.100(16) and (18);
|
| (L) | Despite regulations 60.5.40.10(1) and (2) height of a building or structure is measured from the Canadian Geodetic Datum Elevation listed in (i) to (iii) below, to the highest point of the building or structure. The Canadian Geodetic Datum Elevation for the "blocks" shown on Diagram 6 of By-law 1101-2022 are as follows:
|
|
| (i) | 86.5 metres for Block 1A;
|
| (ii) | 85.8 metres for Block 2; and
|
| (iii) | 87.6 metres for Block 3A;
|
|
| (M) | Despite regulation 60.5.40.40(1), the reductions in gross floor area that are permitted for a non-residential building may also be applied to a mixed use building and in addition to those elements which reduce gross floor area listed in regulation 60.5.40.40(1), the following additional elements reduce gross floor area:
|
|
| (i) | required amenity space; and
|
| (ii) | garbage shafts;
|
|
| (N) | Despite regulations 60.5.75.1(4)(A) and (B) a wind energy device may exceed the permitted maximum height for a building by 10.0 metres;
|
| (O) | Despite regulation 60.5.75.1(6), a cogeneration energy device must be located inside a permitted building;
|
| (P) | Despite regulations 60.5.80.10(1) and (2), all parking spaces must be located below ground;
|
| (Q) | Regulation 60.5.100.1(1) with regards to driveway widths, does not apply;
|
| (R) | Despite regulation 60.10.40.10(1), the permitted maximum height and number of storeys of any building or structure is the height in metres and number of storeys specified by the number following the HT and ST symbols, respectively, as shown on Diagrams 9, 11 and 12 of By-law 1101-2022;
|
| (S) | Where a building is also located in the Commercial Residential Zone category, the additional height provisions of regulations 40.5.40.10(3) to (8) may also be applied; and
|
|
| (i) | for Block 1A only, regulations 40.5.40.10(8)(A) and 60.5.40.10(5)(A) and (B) with regards to limits on elements for the functional operation of the building do not apply to the portion of the building labelled HT 209, ST 67 on Diagram 9 of By-law 1101-2022;
|
| (ii) | for Block 1A only, despite regulation 40.5.40.10(5)(A) and 60.5.40.10(5)(A) the total area of all equipment, structures, or parts of a building may cover no more than 65 percent of the area of the roof measured horizontally where they are located on roofs of "mid-rise building area 1";
|
| (iii) | for Block 1A only, regulations 40.5.40.10(5)(B) and 60.5.40.10(5)(B), with regards to the horizontal restriction of the width of the building's main walls, does not apply;
|
| (iv) | For Block 1A only, window washing equipment and building maintenance units are permitted to project above the permitted maximum height, and are in addition to and may be located on top of a mechanical penthouse;
|
| (v) | public art features and landscaping may project beyond the permitted maximum height by 2.0 metres; and
|
| (vi) | canopies, where located in the "Galleria Zone" as shown on Diagram 11 of By-law 1101-2022, may project beyond the permitted maximum height by 20.0 metres;
|
| (vii) | Clause 40.5.40.10 and 60.5.40.10, whichever provides the greater height permission, applies for the "blocks" and elements not listed above;
|
|
| (T) | For the purpose of interpreting (R) above, vestibules providing rooftop access having a maximum gross floor area of 12.0 square metres, mechanical penthouses, stair enclosures and elevator overruns shall not constitute a storey;
|
| (U) | The required minimum gross floor area on Blocks 1A, 2, and 3A as shown on Diagram 6 of By-law 1101-2022 is: (i) on Block 1A:
|
|
| (i) | on Block 1A:
|
|
| (a) | a combined minimum of 26,600 square metres of gross floor area for non-residential uses is required in Blocks 1A and 1B;
|
|
| (ii) | on Block 2:
|
|
| (a) | a minimum of 32,000 square metres of gross floor area for non-residential uses is required in Block 2; and
|
|
| (iii) | on Block 3A:
|
|
| (a) | a combined minimum of 35,700 square metres of gross floor area for non-residential uses is required in Blocks 3A and 3B;
|
|
|
| (V) | Despite clause 60.10.40.70(1), the required minimum building setbacks and stepbacks for the portion of a building or structure on Blocks 1A, 2 and 3A as shown on Diagram 6 of By-law 1101-2022 are shown in metres on Diagrams 9, 11 and 12 of By-law 1101-2022;
|
| (W) | Despite (W) above, the following elements may encroach into the required building setbacks:
|
|
| (i) | window washing equipment and building maintenance units;
|
| (ii) | public art features and all landscaping;
|
| (iii) | canopies, where they are located in the "Galleria Zone" as shown in Diagram 11 of By-law 1101-2022;
|
| (iv) | all elements listed in clause 40.10.40.60, including canopies located outside the "Galleria Zone" as shown in Diagram 11 of By-law 1101-2022, where a building is also located in the Commercial Residential Zone category, to the same extent as they are described in that clause;
|
|
| (X) | The required minimum building separation distances on Blocks 1A, 2 and 3A as shown on Diagram 6 of By-law 1101-2022 are shown in metres on Diagrams 7, 9, 11 and 12 of By-law 1101-2022;
|
| (Y) | In addition to the requirements of (X) above, a minimum 11.0 metre separation distance is required between the windows of dwelling units (other than the window of a kitchen or bathroom) of the same building; and
|
|
| (i) | the required window separation shall not apply to windows on main walls which form an angle of 90 degrees or greater to each other, on a horizontal plane;
|
|
| (Z) | one vehicle access is permitted to the lands on Block 1A as shown on Diagram 6 of By-law 1101-2022 provided it is from Park Lawn Road and one vehicle access is permitted to the lands on Block 3A as shown on Diagram 6 of By-law 1101-2022 provided it is from "Street A";
|
| (AA) | Vehicle access to the lands located on Block 2 as shown on Diagram 6 of By-law 1101-2022 must be below ground and accessed from an abutting "block" as shown on Diagram 6 of By-law 1101-2022;
|
| (BB) | Despite regulation 200.5.1(2), parking spaces must be provided collectively for each use on each "block" as shown on Diagram 6 of By-law 1101-2022; and
|
|
| (i) | or the purpose of determining compliance with regulation 200.5.10.1(1) and Table 200.5.10.1, Blocks 1A and 1B are considered one "block" and Blocks 3A and 3B as shown on Diagram 6 of By-law 1101-2022 are considered one "block";
|
|
| (CC) | Despite regulation 200.5.1.10(2), a maximum of 10 percent of the required parking spaces for each "block" as shown on Diagram 6 of By-law 1101-2022 that are obstructed on one side may have a minimum width of 2.6 metres;
|
| (DD) | Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided on each "block" shown on Diagram 6 of By-law 1101-2022 as follows:
|
|
| (i) | 0.4 parking spaces per dwelling unit for residential occupants;
|
| (ii) | Residential visitor and all other non-residential uses are subject to the parking space rates described in regulation 200.5.10.1(1) and Table 200.5.10.1;
|
| (iii) | despite regulation 200.5.10.1(1) and Table 200.5.10.1(1), "car-share parking spaces" may replace parking spaces otherwise required for residential occupants, subject to the following:
|
|
| (a) | a reduction of 4 residential occupant parking spaces will be permitted for each "car-share" parking space provided and that the maximum reduction permitted be capped by the application of the following formula: (total number of dwelling units divided by 60, and rounded down to the nearest whole number)
|
|
|
| (EE) | Despite regulation 220.5.1(2), loading spaces must be provided and maintained for each use on each "block" as shown on Diagram 6 of By-law 1101-2022; and
|
|
| (i) | the required loading space rates may be collectively applied and located in either Blocks 1A and 1B; and
|
| (ii) | the required loading space rates may be collectively applied and located in either Blocks 3A and 3B;
|
|
| (FF) | Despite regulation 220.5.1.10(1), the calculation of required loading spaces is based on the total gross floor area of each "block" as shown on Diagram 6 of By-law 1101-2022;
|
| (GG) | Despite any regulation to the contrary, loading spaces must be provided below ground on Blocks 1A, 2, and 3A as shown on Diagram 6 of By-law 1101-2022;
|
| (HH) | If a portion of a building is also located in the Commercial Residential Zone category, and if the building has a minimum of 30 dwelling units, the requirements for a Type "G" loading space, is satisfied if a Type "A" loading space or a Type "B" loading space required for the non-residential uses in the building is constructed to the larger applicable length, width or vertical clearance dimensions of a Type "G" loading space, referred to in regulation 220.5.1.10(8);
|
| (II) | If a portion of a building is also located in the Commercial Residential Zone category, and if the building has a minimum of 400 dwelling units a Type "C" loading space required for the dwelling units is satisfied if a Type "A", Type "B" or Type "C" loading space, referred to in regulation 220.5.1.10(8), is provided for the non-residential uses in the same building;
|
| (JJ) | Despite regulation 230.5.1.10(8), a bicycle parking space must be on the same "block" as shown on Diagram 6 of By-law 1101-2022 as the use for which it is required; and
|
|
| (i) | for the purpose of determining compliance with regulation 230.5.1.10(8), Blocks 1A and 1B are considered one "block" and Blocks 3A and 3B as shown on Diagram 6 of By-law 1101-2022 are considered one "block";
|
|
| (KK) | Despite any requirement to the contrary, two pedestrian tunnels with a permitted maximum width of 7.5 metres and a maximum height of 7.5 metres, and including any support structures, may be constructed connecting to the lands on Block 8 as shown on Diagram 6 of By-law 1101-2022.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1101-2022 ] |
| (12) | Exception EL 12 |
| 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 the lands shown as Block 8 on Diagram 6 of By-law 1101-2022, buildings, structures or additions may be constructed or used in compliance with (B) through (O) below;
|
| (B) | Despite regulations 60.5.80.10(1) and (2) and 60.10.80.20(1), surface parking spaces are not permitted;
|
| (C) | Regulation 60.5.100.1(1), with regards to driveway widths, does not apply;
|
| (D) | Despite clauses 60.10.20.10 and 60.10.20.20, the following uses are permitted:
|
|
| (i) | ambulance depot, fire hall and police station;
|
| (ii) | custom workshop;
|
| (iii) | office;
|
| (iv) | transportation use, provided it complies with regulation 60.10.20.100(19);
|
| (v) | automated banking machine, massage therapy, medical office, personal service shop, retail service, retail store, and wellness centre, provided they are ancillary to and located in the same building as a transportation use;
|
| (vi) | eating establishment, provided:
|
|
| (a) | it is ancillary to and located in the same building as a transportation use;
|
| (b) | it complies with regulations 60.10.20.100(6) and (14);
|
|
| (vii) | take-out eating establishment, provided:
|
|
| (a) | it is ancillary to and located in the same building as a transportation use;
|
| (b) | it complies with regulation 60.10.20.100(6);
|
|
| (viii) | outdoor patio, provided:
|
|
| (a) | it is ancillary to an eating establishment or take-out eating establishment;
|
| (b) | it may not be used to provide entertainment such as performances, music and dancing; and
|
| (c) | the maximum permitted area is the greater of 30 square metres or 30 percent of the interior floor area of the premises it is associated with;
|
|
|
| (E) | Despite regulation 60.10.40.10(1)(A), the permitted maximum height for a building containing a transportation use is 42.0 metres;
|
| (F) | Despite regulations 60.10.40.70(2)(A) and (B), the required minimum building setback from a side lot line that does not abut a street is 0 metres and is 3.0 metres where the side lot line abuts a street;
|
| (G) | Regulation 60.10.40.70(3), with regards to the minimum rear yard setback for lots in the Employment Light Industrial Zone category, does not apply;
|
| (H) | Despite regulation 60.10.50.10(1), the required soft landscaping may be provided as landscaping;
|
| (I) | Despite regulation 200.5.10.1(1) and Table 200.5.10.1, zero parking spaces are required on Block 8 as shown on Diagram 6 of By-law 1101-2022;
|
| (J) | Despite clause 220.5.10.1, zero loading spaces are required on Block 8 as shown on Diagram 6 of By-law 1101-2022;
|
| (K) | Despite clause 230.5.10.1(1) and Table 230.5.10.1(1), 20 "long-term" bicycle parking spaces and 80 "short-term" bicycle parking spaces are required on Block 8 as shown on Diagram 6 of By-law 1101-2022;
|
| (L) | Despite regulation 230.5.1.10(9), "long-term" bicycle parking spaces may be located in any location inside a building;
|
| (M) | Despite regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in stacked bicycle parking spaces;
|
| (N) | One vehicle access is permitted to the lands located on Block 8 as shown on Diagram 6 of By-law 1101-2022, provided it is from "Street A";
|
| (O) | Despite any requirement to the contrary, two pedestrian tunnels or elevated enclosed walkways, each with a permitted maximum width of 7.5 metres and a maximum height of 7.5 metres, and including any support structures, may be constructed connecting to the lands on Blocks 1A and 3A as shown on Diagram 6 of By-law 1101-2022.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1101-2022 ] |
| (13) | Exception EL 13 |
| 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 60.10.20.10 a mixed use building containing dwelling units is a permitted use, provided the gross floor area of all the dwelling units does not exceed 50 percent of the total gross floor area on the lot;
|
| (B) | Dwelling units must be located above the first floor a building;
|
| (C) | Despite (A) and (B) above, dwelling units lawfully existing prior to existing or authorized on or before October 4, 2021 are permitted;
|
| (D) | A building must comply with the following requirements:
|
|
| (i) | a building must have a minimum height of 2 storeys and 8.5 metres;
|
| (ii) | for the purposes of this Exception, a level of a building containing only mechanical, electrical or other equipment or space used for the functional operation of a building shall not constitute a storey;
|
| (iii) | Despite 60.5.40.10(3), 60.5.40.10(4) and 60.5.40.10(6), if a lot subject to this Exception abuts a lot in the Residential Zone category or is separated from a lot in the Residential Zone category by a lane, no part of a building or structure above the fourth storey may penetrate a 45 degree angular plane measured from the rear lot line of the lot in the Residential Zone category, starting at the height of the average elevation of the ground along the rear lot line;
|
| (iv) | the required minimum height of the first floor of a building, measured between the top of the floor of the first storey and the top of the floor of the second storey, is 4.5 metres;
|
| (v) | within the front yard at the ground floor level, the minimum required height to the underside of a 2nd storey which projects above the required front yard setback measured at the ground floor level, is 4.0 metres measured from the height of the average elevation of the ground along the front lot line;
|
| (vi) | the minimum required height of any storey located above the first floor and used for a non-residential use is 4.0 metres, measured from the top of the floor of the storey to the top of the floor of the storey above;
|
| (vii) | provide a minimum floor-to-floor height of 4 metres for any non-residential use on and above the second storey;
|
| (viii) | despite 60.10.40.70(4), provide a minimum 7.5-metre rear yard setback from the rear lot line where it abuts a lot or lane in the Residential Zone category;
|
| (ix) | despite 60.10.40.70(4) and (viii) above, the minimum rear yard setback for any part of a building located above the second storey is 12.5 metres from the rear lot line where it abuts a lot or lane in the Residential Zone category;
|
| (x) | despite 60.10.40.70(1), the minimum front yard setback on the first floor and above the third storey is 3 metres and the minimum front yard setback on the second and third storey is 0 metres;
|
| (xi) | despite 60.10.40.70(2) the minimum required side yard setback for a main wall containing window openings is 5.5 metres, otherwise no side yard setback is required; and
|
| (xii) | Despite 60.5.50.20(2), a minimum 2.0 metre wide strip of landscaping must be provided along the entire length of the rear lot line where the lot line abuts a lot in the Residential Zone category;
|
|
| (E) | Despite the maximum floor space index indicated in the zone label on Diagram 2 of By-law 779-2021, the maximum floor space index does not apply to a building that complies with (D) above; and
|
| (F) | Despite 60.10.20.100(11), an outdoor patio is permitted if it complies with the following conditions:
|
|
| (i) | it must be in association with an eating establishment or take-out eating establishment on the same lot;
|
| (ii) | it must be set back at least 30.0 metres from a lot in the Residential Zone category;
|
| (iii) | despite regulation (ii) above, an outdoor patio located above the first storey of the building, must be at least 40.0 metres, measured horizontally, from a lot in the Residential Zone category;
|
| (iv) | in the rear yard of a lot that abuts a lot in the Residential Zone category a fence must be installed along the portion of the outdoor patio parallel to the rear lot line;
|
| (v) | if a lawfully existing outdoor patio is closer to a lot than the setbacks required in (ii) or (iii) above, then that lawfully existing setback is the minimum required setback for that lawfully existing outdoor patio; and
|
| (vi) | despite 200.5.10.1, an outdoor patio permitted in accordance with (i) and (ii) above and located in the front yard may occupy an area otherwise used for up to 2 required non-residential parking spaces.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 779-2021 ] |
| (14) | Exception EL 14 |
| 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 in Article 60.10.20, metal extrusion or moulding, heavy metal stamping or welding are also permitted uses;
|
| (B) | Any detached structure higher than 5.0 metres must be set back from the rear lot line a minimum distance of 20.0 metres;
|
| (C) | The combined total gross floor area of any manufacturing uses on a lot may be greater than 5,000 square metres but must not exceed the maximum floor space index of 1.0;
|
| (D) | No more than 60% of the minimum front yard setback is to be covered with driveways, walkways, loading areas or other hard surfaces used or capable of being used as walkways, driveways or loading areas; and
|
| (E) | An opaque acoustic fence must be located along the northerly 50.0 metres of the rear lot line and along the westerly 20.0 metres of the northern lot line, with a height of 2.4 metres.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (15) | Exception EL 15 |
| 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 in Article 60.10.20, metal extrusion or moulding, heavy metal stamping or welding are also permitted uses;
|
| (B) | The combined total gross floor area of any manufacturing uses on a lot may be greater than 5,000 square metres but must not exceed the maximum floor space index of 1.0;
|
| (C) | No more than 60% of the minimum front yard setback is to be covered with driveways, walkways, loading areas or other hard surfaces used or capable of being used as walkways, driveways or loading areas; and
|
| (D) | An opaque acoustic fence must be located along the westerly 20.0 metres of the northern lot line, with a minimum height of 1.8 meters and a maximum height of 2.4 metres.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (16) | Exception EL 16 |
| 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 lot area is 4047 square metres;
|
| (B) | The maximum gross floor area is 4645 square metres;
|
| (C) | The minimum front yard setback is 1.0 metre;
|
| (D) | The minimum rear yard setback is 2.5 metres;
|
| (E) | The minimum side yard setback is 6 meters;
|
| (F) | The maximum number of storeys is 3; and
|
| (G) | The minimum on site parking spaces is 67.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (17) | Exception EL 17 |
| 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 8.2.3(f) [M1-H(5)], former Town of Leaside zoning by-law 1916.
|
|
| (19) | Exception EL 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 151 Billy Bishop Way, as shown on Diagram 1 of By-law 939-2021, a building or structure may be constructed, used, or enlarged in compliance with sections (B) to (M) below;
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| (B) | Regulation 60.5.80.10(1) with regards to parking in a street yard and regulation 60.5.80.10(2) with regards to the location of parking spaces do not apply;
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| (C) | Regulation 60.5.100.1(1) with regards to driveway widths does not apply;
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| (D) | Despite the uses listed in Clause 60.10.20.10, the following additional uses are permitted:
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| (i) | Vehicle Dealership;
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| (ii) | Vehicle Depot;
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| (iii) | Vehicle Repair Shop;
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| (iv) | Vehicle Service Shop;
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| (v) | Vehicle Washing Establishment; and
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| (vi) | Any of the uses permitted in Regulation 40.10.20.10(1)(A).
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| (E) | Despite regulation 60.10.40.10(1)(B), the permitted maximum building or structure height is the number following the HT symbol as shown on Diagram 3 of By-law 939-2021;
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| (F) | Despite clause 60.10.40.70, the required building setbacks are as shown on Diagram 3 of By-law 939-2021;
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| (G) | Article 60.10.50, with regards to yards, does not apply;
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| (H) | Article 60.10.90, with regards to loading, does not apply;
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| (I) | Despite regulation 200.15.1.5(1), an accessible parking space is not required to be closest to a principle pedestrian access to a building;
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| (J) | Despite regulation 200.15.10(1), the required minimum number of accessible parking spaces is five;
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| (K) | Regulation 200.15.1(4), regarding the location of an accessible parking space does not apply;
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| (L) | Despite clause 220.5.10.1, no loading spaces are required; and
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| (M) | No buildings or structures are permitted south and east of the required "14.0 M MTO Setback" as shown on Diagram 3 of By-law 939-2021.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 939-2021 ] |
| (20) | Exception EL 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: |
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| (A) | On 29, 35, 41, and 75 Basin Street, as shown zoned EL 2.5 (x20) on Diagram 2 of By-law 1010-2022, buildings or structures may be constructed, used or enlarged in compliance with Sections (B) to (V) below;
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| (B) | For the purposes of this exception, the lot is comprised of the lands identified as EL 2.5 (x20) on Diagram 2 of By-law 1010-2022;
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| (C) | In accordance with Clause 5.10.30.20, the lot line abutting Basin Street is the front lot line;
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| (D) | Despite Regulations 60.5.40.10(1) and (2), the height of a building or structure is the distance between Canadian Geodetic Datum of 76.85 metres and the elevation of the highest point of the building or structure;
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| (E) | Despite Regulation 60.5.40.60(1), a canopy, awning or similar structure may encroach into a required minimum building setback that is not a street yard, regardless of how high it is above the elevation of the ground directly below it;
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| (F) | In addition to the uses permitted in Regulation 60.10.20.10(1), the following uses are also permitted:
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| (i) | Art Gallery;
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| (ii) | Club;
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| (iii) | District Heating and Cooling Plant;
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| (iv) | Library;
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| (v) | Massage Therapy;
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| (vi) | Medical Office;
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| (vii) | Museum;
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| (viii) | Personal Service Shop;
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| (ix) | Recreation Use;
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| (x) | Retail Service;
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| (xi) | Software Development and Processing; and
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| (xii) | Wellness Centre;
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| (G) | Despite Regulations 60.10.20.10(1) and 60.10.20.20(1), the following uses are not permitted:
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| (i) | Crematorium;
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| (ii) | Dry Cleaning or Laundry Plant;
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| (iii) | Open Storage;
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| (iv) | Plastic Product Manufacturing Use; and
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| (v) | Self-storage Warehouse;
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| (H) | Despite the uses permitted in Regulations 60.10.20.10(1) and 60.10.20.20 (1), the following uses are also permitted if they comply with the specific conditions associated with each use:
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| (i) | Cabaret provided the interior floor area does not exceed 1,000 square metres;
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| (ii) | Contractor's Establishment provided a contractor's establishment must store loose materials such as sand, gravel or concrete in an enclosed building;
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| (iii) | Eating Establishment provided the individual interior floor area does not exceed 3,500 square metres and must comply with the specific use regulations in Section 150.100;
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| (iv) | Entertainment Place of Assembly provided the individual interior floor area does not exceed 1,000 square metres;
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| (v) | Financial Institution provided this use is not within 20.0 metres of an intersection of two streets;
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| (vi) | Nightclub provided the individual interior floor area does not exceed 1,000 square metres;
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| (vii) | Office provided this use shall include production office, general office, and executive production office areas that will not exceed a floor space index of 0.85 over the entire lot;
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| (viii) | Outdoor Patio provided it is an ancillary use associated with a cabaret, eating establishment, entertainment place of assembly, nightclub, recreation use, and a take-out eating establishment;
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| (ix) | Parking Garage provided it is in one or two parking garages and collectively will not contain more than 1.25 parking spaces per 100 square metres of provided gross floor area on the lot and be located in the within the area depicted on Diagram 5 of By-law 1010-2022;
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| (x) | Retail Store provided the individual interior floor area does not exceed 3,500 square metres;
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| (xi) | Take-out Eating Establishment provided the individual interior floor area does not exceed 3,500 square metres;
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| (xii) | Transportation Use despite Regulation 60.12.20.100 (19), this use is a permitted use if it is operated by, or on behalf of, the Toronto Transit Commission;
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| (xiii) | Warehouse despite Clause 60.10.20.10, this use is a permitted use if it is not used for the purpose of, or in association with, a postal or courier service; and
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| (xiv) | Wholesaling Use despite Clause 60.10.20.10, this use is a permitted use if it is not used for the purpose of, or in association with, a postal or courier service;
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| (I) | For the purposes of this exception, Artist Studio, Custom Workshop, Entertainment Place of Assembly, Office, Performing Arts Studio, Production Studio, Software Development and Processing, and Warehouse shall be considered "studio-oriented use";
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| (J) | For the purposes of this exception, "base camp" means an ancillary activity to the "studio-oriented uses" that involve the temporary parking and storage of fleet, production, and studio operation vehicles and are not considered parking spaces for the purposes of Clauses (H)(ix) and (U) of this exception;
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| (K) | Canopies, awnings, wind screens, snow screens, or similar structures over pedestrian entrances must be no less than 2.5 metres above the elevation of the ground directly below it. Canopies, awnings, or similar structures over production studio stage doorways must be no less than 6.1 metres above the elevation of the ground directly below it;
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| (L) | Any pedestrian and utility service bridge structures must be located no less than 6.1 metres above the elevation of the ground directly below it;
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| (M) | Any pedestrian and utility service bridge structures in (L) above must have no more than one storey and must not exceed a height of 5.5 metres, as measured floor to ceiling;
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| (N) | On the lot with a "studio-oriented use", a barrier, such as a fence, gate, berm, retaining wall, or landscaped buffer may be provided for areas:
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| (i) | between a lot line that abuts a street and an area that is used for a "studio-oriented use", located a maximum of 3.0 metres from the lot line that abuts a street, except for the portions used for vehicle and pedestrian access; or
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| (ii) | along the entire perimeter of the portion of the lot that is used for a "studio-oriented use"; and
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| (iii) | along all lot lines that abut the ON (x24) zone;
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| (O) | Despite Clause 60.5.40.10 and Regulation 60.10.40.10(1), the following structures and equipment may project beyond the permitted height of a building:
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| (i) | equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts and equipment, chimneys, and vents to a maximum of 2.5 metres;
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| (ii) | structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, inclusive of a mechanical penthouse, may project above the height limits to a maximum of 3.0 metres;
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| (iii) | architectural features, parapets, and elements and structures associated with a green roof may project above the height limits to a maximum of 2.0 metres;
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| (iv) | building maintenance units and window washing equipment may project above the height limits to a maximum of 2.5 metres;
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| (v) | planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace may project above the height limits to a maximum of 2.0 metres;
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| (vi) | trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space may project above the height limits to a maximum of 2.5 metres; and
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| (vii) | architectural signage and associated structures may project above the height limits to a maximum of 5.0 metres;
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| (P) | Despite Regulation 60.10.40.10(1) and Diagram 4 attached to this By-law, any buildings or structures may have a height limit of 46.0 metres on the lot, so long as the cumulative area to which this height limit applies does not exceed 15 percent of the lot area for the 42.0 metre height limit area as indicated on Diagram 4 attached to this By-law;
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| (Q) | Despite Clause 60.10.40.10(1) and Diagram 4 attached to this By-law, the required minimum height of all main walls facing a lot line, with the exception of the former Sun Oil heritage building identified on Diagram 5 of By-law 1010-2022, is 10.0 metres;
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| (R) | Despite Regulations 60.10.40.70(1), (2), and (3), on the lot abutting a street or a lot line abutting the ON (x24) zone, the required minimum front yard setback, minimum side yard setback, and minimum rear yard setback is 0.0 metres;
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| (S) | Regulation 60.10.50.10(1), with regards to soft landscaping, does not apply to a lot line abutting a street;
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| (T) | Despite Regulation 60.5.80.10(1) and (2), a parking space may not be located in the front yard, side yard abutting a street, or in a side yard or rear yard abutting the ON (x24) zone;
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| (U) | Despite Regulation 200.5.10.1(1) and Table 200.5.10, for all permitted uses identified in Regulations 60.10.20.10(1) and 60.10.20.20(1) as amended by (F), (G), and (H) above, parking spaces may not exceed a maximum rate of 1.25 parking spaces per 100 square metres of gross floor area. No minimum parking spaces are required;
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| (V) | Despite Regulation 230.5.10.1(1) and Table 230.5.10.1(1), for all permitted uses identified in Regulations 60.10.20.10(1) and 60.10.20.20 (1) as amended by (F), (G), and (H) above, bicycle parking spaces must be provided at a minimum rate of 0.25 bicycle parking spaces per 100 square metres of interior floor area, allocated as follows:
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| (i) | 10 percent "short-term" bicycle parking spaces; and
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| (ii) | 90 percent "long-term" bicycle parking spaces.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1010-2022 Enacted ] |
| (21) | Exception EL 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) | On the portion of 888 Dupont Street shown as Part B on Diagram 2 of By-law 841-2022, if the requirements of By-law 841-2022, a building or structure, or a portion thereof, may be constructed, used or enlarged in compliance with Regulations (B) to (J) below:
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| (B) | For the purposes of this Exception, the front lot line is the lot line abutting Dupont Street;
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| (C) | For the purposes of this Exception, the height of a building or structure is the distance between the Canadian Geodetic Datum of 121.49 metres and the elevation of highest point of the building or structure;
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| (D) | In addition to uses permitted in Clauses 60.10.20.10 and 60.10.20.20, the following uses are permitted:
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| (i) | Uses that are ancillary to the residential uses on the lands shown as Part A on Diagram 2 of By-law 841-2022 such as parking garage, loading spaces, storage, stairs, mechanical and vehicle driveway and walkways to stairs and elevators;
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| (E) | Despite Regulation 60.10.40.10(1) and (2) the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 7 of By-law 841-2022;
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| (F) | Despite Clause 60.10.40.10 and (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 7 of By-law 841-2022:
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| (i) | equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, vents, structures that enclose, screen or cover the equipment, and structures listed above; architectural features, parapets, and elements and structures associated with a green roof, planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;
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| (G) | Despite Clause 60.10.40.70 the required minimum building setbacks and separation of main walls are as shown in metres on Diagram 7 and Diagram 8 of By-law 841-2022;
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| (H) | Despite Clause 60.5.40.60 and (G) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
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| (i) | architectural features, eaves, pilaster, decorative column, cornice, public art features, sill, belt course, chimney breast, canopies, and awnings, by a maximum of 3.0 metres;
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| (ii) | wind mitigation, noise mitigation and train derailment mitigation measures by a maximum of 4.0 metres;
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| (I) | Regulation 60.10.50.10(1) with respect to soft landscaping for a street lot line, and Regulation 60.10.80.1(1) with respect to parking rates for certain uses, do not apply;
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| (J) | Despite Regulations 60.10.90.40 (1) and (2), the vehicle access to a loading space on a lot may be from Dupont Street and the loading space located in a building may have its vehicle access from a main wall that faces Dupont Street.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 841-2022 ] |
| (26) | Exception EL 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) | Despite the uses listed in Article 60.10.20, a contractor's establishment, a plastic product manufacturing use and a concrete batching plant are not permitted uses. [ By-law: 1468-2017 ]
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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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| (36) | Exception EL 36 |
| 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 1130 and 1136 Dupont St. in 1981, a place of assembly that is a union hall, a medical office that is used for dentists, and a financial institution that is a credit union are permitted if these uses were in existence on the lands on March 12, 1981. [TO: 438-86; 12 (1) 150]
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (38) | Exception EL 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: |
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| (A) | On the lands municipally known as 54 Logan Ave., a fabricated metal product manufacturing use is permitted if:
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| (i) | the use is located within a wholly enclosed building; and
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| (ii) | the gross floor area of the use does not exceed a floor space index of 2.0; and [TO: 438-86; 12 (1) 155]
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| (B) | On the lands municipally known as 54 Logan Ave. in 1981, a vehicle fuel station is permitted, if the gross floor area of the use does not exceed a floor space index of 2.0. [TO: 438-86; 12 (1) 156]
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|
|
Prevailing By-laws and Prevailing Sections: |
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| (A) | City of Toronto by-law 130-2008.
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| (39) | Exception EL 39 |
| 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 24 Carlaw Avenue in 1981, a fabricated metal product manufacturing use is permitted if:
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| (i) | the use is located within a wholly enclosed building; and
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| (ii) | the gross floor area of the use does not exceed a floor space index of 2.0.; and [TO: 438-86; 12 (1) 155]
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| (B) | On the lands municipally known as 24 Carlaw Avenue in 1981, a photographic plant is permitted if the gross floor area of the use does not exceed a floor space index of 2.0. [TO: 438-86; 12 (1) 161]
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|
|
Prevailing By-laws and Prevailing Sections: |
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| (A) | City of Toronto by-law 130-2008.
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| (40) | Exception EL 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: |
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| (A) | On the lands municipally known as 55 Logan Ave. in 1981, a security services and equipment business use is permitted, if the gross floor area of the use does not exceed a floor space index of 2.0. [TO: 438-86; 12 (1) 157]
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|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | City of Toronto by-law 130-2008.
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| (41) | Exception EL 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: |
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| (A) | On the lands municipally known as 20 Morse St. in 1981, a retail service and a vehicle depot are permitted if the gross floor area of these uses does not exceed a floor space index of 2.0. [TO: 438-86; 12 (1) 158]
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|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | City of Toronto by-law 130-2008.
|
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| (42) | Exception EL 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: |
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| (A) | On the lands municipally known as 551 Eastern Ave. in 1981, a breakfast cereal food manufacturing use is permitted, if the gross floor area of the use does not exceed a floor space index of 2.0. [TO: 438-86; 12 (1) 162]
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|
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Prevailing By-laws and Prevailing Sections: |
|
| (A) | City of Toronto by-law 130-2008.
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| (100) | Exception EL 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | On 29 Florence St., the odd numbered addresses of 29R-51 Florence St., City of Toronto by-law 886-06; and
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| (B) | On 77 Florence St., former City of Toronto by-law 97-0530.
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| (101) | Exception EL 101 |
| 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 601 Indian Grove, former City of Toronto by-law 96-0227.
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| (114) | Exception EL 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: |
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| (A) | On the lands municipally known as 1234 Dupont St. in 1980, a vehicle service shop is permitted. [TO: 438-86; 12 (1) 134 (ix)]
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|
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (121) | Exception EL 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 245 of former City of Toronto By-law 438-86.
|
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| (122) | Exception EL 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: |
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| (A) | On the lands municipally known as 1212 Dupont St. in 1980, a vehicle washing establishment is permitted. [TO: 438-86; 12 (1) 134 (i)]
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|
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (123) | Exception EL 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) | On the lands municipally known as 1286 Dupont St. in 1980, a vehicle fuel station is permitted. [TO: 438-86; 12 (1) 134 (ii)]
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|
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (124) | Exception EL 124 |
| 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 the lands municipally known as 1292 Dupont St. in 1980, a vehicle service shop is permitted, if:
|
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| (i) | the use operates within a wholly enclosed building; and
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| (ii) | 25 parking spaces are provided on the lot. [TO: 438-86; 12 (1) 134 (iii)]
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (125) | Exception EL 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | On 201 Carlaw AVE and 66 Boston Avenue, City of Toronto by-law 705-2006; and
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| (B) | On 1272 Dupont St., City of Toronto by-law 216-80.
|
|
| (129) | Exception EL 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Schedule 'D' Airport Hazard Map from City of North York zoning by-law 7625.
|
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