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Chapter 900 Site Specific Exceptions
900.42 OR - Zone
| (1) | OR Zone Exceptions |
| The regulations located in Article 900.42.10 apply only to the exceptions subject to the OR zone and identified with the corresponding exception number.
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| (1) | Exception OR 1 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 64.37(2) of the former City of North York zoning by-law 7625.
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| (2) | Exception OR 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: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 64.37(5) of the former City of North York zoning by-law 7625.
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| (3) | Exception OR 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: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Former City of North York by-law 21580.
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| (4) | Exception OR 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) | On the lands known municipally as 19 Draper Street in the year 2015, identified as OR(x4) on Diagram 2 to By-law 125-2017, in addition to the uses permitted under regulation 90.30.20.10, and despite any regulations of By-law 569-2013, as amended, to the contrary, a construction management office is also a permitted use;
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| (B) | Regulation 90.30.40.70 does not apply to a building, structure or trailer used for the purpose of a construction management office; and
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| (C) | Other than a trailer, no vehicle parking or vehicular access is permitted in connection with a construction management office.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 125-2017 (OMB) ] |
| (5) | Exception OR 5 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | The minimum building setback from a lot line that abuts a street is:
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| (i) | 25.0 metres, where the lot line abuts Birchmount Rd., measured from the original centreline of the street; and
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| (ii) | 9.0 metres in all other cases;
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| (B) | The minimum building setback from a side lot line is 3.0 metres; and
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| (C) | The maximum lot coverage is 20.0%.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (6) | Exception OR 6 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | The minimum building setback from a front lot line is:
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| (i) | 18.0 metres where the lot line abuts Victoria Park Ave.;
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| (ii) | 7.5 metres where the lot line abuts Pharmacy Ave. or Chester Le Blvd.; and
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| (iii) | 6.0 metres in all other cases;
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| (B) | The minimum building setback from a side lot line that abuts a street is:
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| (i) | 18.0 metres where the lot line abuts Victoria Park Ave.;
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| (ii) | 7.5 metres where the lot line abuts Pharmacy Ave. or Chester Le Blvd.; and
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| (iii) | 4.5 metres in all other cases;
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| (C) | The minimum building setback from a side lot line and rear lot line is a distance equal to half the height of the building; and
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| (D) | The minimum separation between two buildings on the same lot is a distance equal to half the combined height of the two buildings.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (7) | Exception OR 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) | The minimum building setback from a front lot line is:
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| (i) | 7.5 metres where the lot line abuts Birchmount Rd., Brookmill Blvd. or LePeer Boulevard; and
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| (ii) | 6.0 metres in all other cases;
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| (B) | The minimum building setback from a side lot line that abuts a street is:
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| (i) | 7.5 metres where the lot line abuts Birchmount Rd., Brookmill Blvd. or LePeer Boulevard; and
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| (ii) | 4.5 metres in all other cases;
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| (C) | The minimum building setback from a side lot line is a distance equal to half the height of the building; and
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| (D) | The minimum separation between two buildings on the same lot is a distance equal to half the combined height of the two buildings.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Schedule "C" Exception 26, of former City of Scarborough by-law 12466
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| (8) | Exception OR 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) | The minimum building setback from a front lot line is:
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| (i) | 18.0 metres where the lot line abuts Birchmount Rd. or Finch Ave.;
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| (ii) | 7.5 metres where the lot line abuts Silver Springs Boulevard, Dancy Avenue, Kennedy Rd. or Wayside Avenue; and
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| (iii) | 6.0 metres in all other cases;
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| (B) | The minimum building setback from a side lot line that abuts a street is:
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| (i) | 18.0 metres where the lot line abuts Birchmount Rd. or Finch Ave.;
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| (ii) | 7.5 metres where the lot line abuts Silver Springs Boulevard, Dancy Avenue, Kennedy Rd. or Wayside Avenue; and
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| (iii) | 4.5 metres in all other cases;
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| (C) | The minimum building setback from a side lot line and rear lot line is a distance equal to half the height of the building; and
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| (D) | The minimum separation between two buildings on the same lot is a distance equal to half the combined height of the two buildings.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (9) | Exception OR 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) | The minimum building setback from a side lot line is a distance equal to half the height of the building; and
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| (B) | The minimum separation between two buildings on the same lot is a distance equal to half the combined height of the two buildings.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (10) | Exception OR 10 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | In addition to the uses permitted in the OR zone, a zoo is also permitted.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (12) | Exception OR 12 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | On 150 Gateway Boulevard, Section 64.37(6) of the former City of North York zoning by-law 7625.
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| (13) | Exception OR 13 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 64.37(17) of the former City of North York zoning by-law 7625.
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| (14) | Exception OR 14 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | The minimum building setback from a front lot line that abuts Pharmacy Ave. is 22.0 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (15) | Exception OR 15 |
| The lands or portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | On the lands identified as OR(x15) on Diagram 2 to By-law 1106-2017, in addition to the uses permitted under regulation 90.30.20.10, and despite any regulations of By-law 569-2013 as amended to the contrary, the following are also permitted uses:
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| (i) | pedestrian access, patios and loading activities ancillary to the lands identified as CR(x124) on Diagram 2 to By-law 1106-2017;
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| (ii) | construction staging activities ancillary to the lands identified as CR(x124) on Diagram 2 to By-law 1106-2017 including the erection and use of buildings, structures or trailers used for the purpose of a construction management office, parking and materials storage; and
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| (iii) | regulation 90.30.40.70 does not apply to a building, structure or trailer used for the purpose of a construction management office.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1106-2017 ] |
| (16) | Exception OR 16 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | The minimum building setback from a lot line that abuts a street is:
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| (i) | 18.0 metres, if the lot line abuts Meadowvale Rd.;
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| (ii) | 12.0 metres, if the lot line abuts Dean Park Rd.; and
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| (iii) | 7.5 metres from any other street;
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| (B) | The minimum building setback from a lot line that abuts Highway 401 is 22.5 metres; and
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| (C) | The minimum building setback from a side lot line or rear lot line that does not abut a street is 7.5 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (17) | Exception OR 17 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | On the lands identified as (H)OR as shown on Diagram 2 attached to By-law 1281-2018, if the requirements of Section 11 and Schedules A, B and C, as applicable, of By-law 1281-2018 are complied with, none of the requirements of 90.30.40.70, 90.30.20.100(3) shall apply to prevent the construction and use of non-residential uses, buildings and structures, including uses, buildings or structures ancillary to the foregoing, provided the requirements of (B) to (I) below are met;
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| (B) | The following uses are permitted on the lands identified as (H)OR as shown on Diagram 2 attached to By-law 1281-2018, prior to the removal of the (H) holding symbol:
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| (i) | Artist Studio
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| (ii) | Beverage Manufacturing use
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| (iii) | Bus station
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| (iv) | Cartage, express or truck transport yard or terminal for one or more highway transportation companies or organizations
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| (v) | Club
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| (vi) | Community health centre
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| (vii) | Contractor's Establishment
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| (viii) | Custom Workshop
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| (ix) | Day Nursery
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| (x) | Eating Establishment
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| (xi) | Flood protection structures and facilities
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| (xii) | Financial Institution
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| (xiii) | Industrial Sales and Service Use
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| (xiv) | Industrial catering service
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| (xv) | Laboratory
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| (xvi) | Manufacturing Use
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| (xvii) | Market Garden
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| (xviii) | Medical Office
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| (xix) | Open Storage
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| (xx) | Ornamental structure
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| (xxi) | Park
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| (xxii) | Parking Garage
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| (xxiii) | Performing Arts Studio
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| (xxiv) | Personal Service Shop
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| (xxv) | Post office
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| (xxvi) | Public Parking
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| (xxvii) | Public transit
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| (xxviii) | Public Works Yard
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| (xxix) | Pumping station
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| (xxx) | Printing Establishment
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| (xxxi) | Production Studio
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| (xxxii) | Railway, including service and repair yards
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| (xxxiii) | Railway station
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| (xxxiv) | Railway tracks
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| (xxxv) | Retail Service
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| (xxxvi) | Retail Store
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| (xxxvii) | Shipping Terminal
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| (xxxviii) | Software Development and Processing
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| (xxxix) | Stable
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| (xl) | Take-out Eating Establishment
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| (xli) | Temporary sale/rental centre
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| (xlii) | Trade school
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| (xliii) | Vehicle Repair Shop
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| (xliv) | Vehicle Service Shop
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| (xlv) | Vehicle Washing Establishment
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| (xlvi) | Veterinary Hospital
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| (xlvii) | Warehouse
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| (xlviii) | Wholesaling Use;
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| (C) | Following the removal of any holding (H) symbol from any portion of the (H)OR zoned lands, the following uses are prohibited in any remaining (H)OR zoned lands:
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| (i) | Apparel and Textile Manufacturing Use
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| (ii) | Beverage Manufacturing Use
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| (iii) | Cartage, express or truck transport yard or terminal for one or more highway transportation companies or organizations
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| (iv) | Clay Product Manufacturing Use
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| (v) | Cold Storage
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| (vi) | Computer, Communications, Electronics, or Optical Media Manufacturing Use
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| (vii) | Contractor's Establishment
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| (viii) | Food Manufacturing Use
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| (ix) | Furniture Manufacturing Use
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| (x) | Medical Equipment and Supplies Manufacturing Use
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| (xi) | Metal Products Manufacturing Use
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| (xii) | Open Storage
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| (xiii) | Pharmaceutical and Medicine Manufacturing Use
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| (xiv) | Plastic Product Manufacturing Use
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| (xv) | Public Works Yard
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| (xvi) | Pumping station
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| (xvii) | Shipping Terminal
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| (xviii) | Stable
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| (xix) | Transportation Product and Vehicle Manufacturing Use;
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| (D) | The following uses are permitted on the lands identified as OR as shown on Diagram 2 attached to By-law 1281-2018:
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| (i) | Community Centre
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| (ii) | Day Nursery
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| (iii) | Eating Establishment of not more than 500 square metres, and associated Outdoor Patio
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| (iv) | Entertainment Place of Assembly
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| (v) | Library
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| (vi) | Museum
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| (vii) | Outdoor patio
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| (viii) | Park
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| (ix) | Public Utility
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| (x) | Recreation Use
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| (xi) | Transportation Use
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| (xii) | Flood protection structures and facilities;
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| (E) | The following uses are permitted on the lands identified as OR as shown on Diagram 2 attached to By-law 1281-2018, subject to the conditions set out in 90.30.20.100, as applicable:
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| (i) | Cogeneration Energy
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| (ii) | Renewable Energy
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| (iii) | Take-out Eating Establishment;
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| (F) | Buildings or structures above ground are to be set back a minimum of 20.0 metres from the UT zone overlaying the Metrolinx rail corridor immediately north of the lands subject to this exception, except for:
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| (i) | buildings or structures used for transportation uses, which may include P ersonal Service Shops, Service Retail, Retail Stores, Take-out Eating Establishments, and accessory uses;
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| (ii) | district energy uses; and
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| (iii) | district heating and cooling plant;
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| (G) | Despite Chapters 200 and 220, no parking spaces or loading spaces are required for permitted uses on the H(OR) or OR zoned lands located within those lands;
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| (H) | Nothing in this exception or By-law 569-2013 applies to prevent the use of the lands, or the erection or use of a building, structure, or portion thereof on the lands subject to this exception for any of the following:
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| (i) | transportation uses;
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| (ii) | structures used in connection with any of the uses listed under 90.30.20.10 or 90.30.20.20 constructed or operated by, or on behalf of the City of Toronto; and
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| (iii) | flood protection structures and facilities;
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| (I) | The floor area of any building or structure devoted exclusively to any of the purposes in (H) above are excluded from any calculations of gross floor area and required parking spaces for the lands required elsewhere by this exception or By-law 569-2013.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | City of Toronto By-law 438-86 Section 12(2)270, only as applicable to (B) and (C) above. [ By-law: 1281-2018 ]
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| (18) | Exception OR 18 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | The minimum building setback from a lot line that abuts a street is 12.0 metres; and
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| (B) | The minimum building setback from a lot line that does not abut a street is 7.5 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (19) | Exception OR 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) | The minimum building setback from a lot line that abuts a street is 3.0 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (20) | Exception OR 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) | The minimum building setback from a lot line is 12.0 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (21) | Exception OR 21 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | The minimum building setback from a lot line that does not abut a street is 12.0 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (22) | Exception OR 22 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | The minimum building setback from a lot line is:
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| (i) | 12.0 metres where the lot line abuts a street; and
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| (ii) | from any other lot line, a distance equal to half the height of the building.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (23) | Exception OR 23 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | The building minimum building setback from a lot line is:
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| (i) | 12.0 metres where the lot line abuts a street; and
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| (ii) | 7.5 metres from any other lot line.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (24) | Exception OR 24 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | The minimum building setback from a front lot line that abuts a street is:
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| (i) | 7.5 metres where the lot line abuts Finch Ave., McCowan Rd. or Sandhurst Circle; and
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| (ii) | 6.0 metres from any other street line;
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| (B) | The minimum building setback from a side lot line or rear lot line is a distance equal to half the height of the building; and
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| (C) | The minimum building setback from a side lot line that abuts a street is 4.5 metres.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (25) | Exception OR 25 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | The minimum building setback from a lot line that abuts a street is:
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| (i) | 18.0 metres where the lot line abuts Finch Ave. or Brimley Rd.;
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| (ii) | 12.0 metres where the lot line abuts Alexmuir Blvd.; and
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| (iii) | 7.5 metres from any other street line; and
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| (B) | The minimum building setback from a side lot line or rear lot line is a distance equal to half the height of the building.
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Prevailing By-laws and Prevailing Sections: (None Apply) |
| (26) | Exception OR 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: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | On 185 Graydon Hall Drive, Section 64.37(27) of the former City of North York zoning by-law 7625.
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| (27) | Exception OR 27 |
| The lands known as Blocks 3A and 3B, as shown on Diagram 5 of By-law 1214-2019(LPAT), 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 Article 90.30.20, on Block 3A, as shown on Diagram 5 of By-law 1214-2019(LPAT), the only permitted use is a park;
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| (B) | in addition to the uses permitted by Clause 90.30.20.10, on Block 3B, as shown on Diagram 5 of By-law 1214-2019(LPAT), public parking is permitted;
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| (C) | despite regulation 90.30.40.10(1), on Block 3B, as shown on Diagram 5 of By-law 1214-2019(LPAT), the permitted maximum building height is 4 storeys;
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| (D) | despite regulation 90.30.40.70(1), on Block 3B, as shown on Diagram 3 of By-law 1214-2019(LPAT), the required minimum front yard setback is 2.0 metres;
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| (E) | despite regulation 90.30.40.70(2) on Block 3B, shown on Diagram 5 of By-law 1214-2019(LPAT):
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| (i) | The required minimum side yard setback is 2.0 metres; and
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| (ii) | The required minimum rear yard setback is 5.0 metres;
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| (F) | for the purpose of this Exception, the front lot line of Block 3B, as shown on Diagram 5 of By-law 1214-2019(LPAT), is the Don Mills Road lot line;
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| (G) | despite regulation 5.10.30.1(1), no building or structure may be erected or used on the lands unless:
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| (i) | The lands abut an existing street, or are connected to an existing street by a street or streets constructed to a minimum base curb and base asphalt or concrete; and
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| (ii) | All Municipal water mains and Municipal sewers, and their appurtenances, are installed to a lot line of the property and are operational;
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| (H) | for the purpose of regulation 5.10.30.1(2) a street may include a street or streets that have been dedicated to the Municipality but may not be assumed.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1214-2019(LPAT) ] |
| (28) | Exception OR 28 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | Despite regulation 90.5.40.10(1), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 120.95 metres and the elevation of the highest point of that building or structure;
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| (B) | Despite regulation 90.30.40.10(1), the permitted maximum height for a building or structure is 20 metres;
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| (C) | Despite regulation 90.30.40.70(1), no minimum front yard setback is required;
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| (D) | Despite regulation 90.30.40.70(2)(A), the minimum rear yard setback and side yard setback is 5.0 metres, if a lot abuts a lot in the Residential Zone category or the Residential Apartment Zone category; and
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| (E) | Despite regulation 200.5.10.1(1), parking spaces are not required for a community centre.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1166-2019 ] |
| (29) | Exception OR 29 |
| The lands, or a portion thereof as noted below, are subject to the following Site-Specific Provisions, Prevailing By-law and Prevailing Sections. Site Specific Provisions:
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Site Specific Provisions: |
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| (A) | For the purposes of By-law 700-2021(OLT), public park is identified on Diagram 6 attached to By-law 700-2021(OLT);
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| (B) | The public park shown on Diagram 6 attached to By-law 700-2021(OLT) must be a minimum area of 3,580 square metres;
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 700-2021(OLT) ] |
| (30) | Exception OR 30 |
| 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 12(1) 334 of former City of Toronto By-law 438-86;
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| (B) | Section 12(1) 335 of former City of Toronto By-law 438-86;
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| (C) | Section 12(1) 397 of former City of Toronto By-law 438-86;
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| (D) | Section 12(1) 305 of former City of Toronto By-law 438-86;
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| (E) | Section 12(2) 132 of former City of Toronto By-law 438-86;
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| (F) | Section 12(2) 208 of former City of Toronto By-law 438-86; and
|
| (G) | Former City of Toronto by-laws 840-78, 41-79, 245-79, 834-79, 71-91 and City of Toronto by-law 1330-08.
|
|
| (31) | Exception OR 31 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | For the purposes of this exception, the lot is defined as "Area C" as shown on Diagram 2 of By-law 825-2021;
|
| (B) | Despite clauses 90.30.20.10 and 90.30.20.20, the following uses are not permitted uses: Ambulance Depot, Amusement Arcade, Art Gallery, Club, Fire Hall, Library, Municipal Shelter, Museum, Personal Service Shop, Place of Assembly, Police Station, Retail Store, Service Shop, or Transportation Use; and
|
| (C) | Despite regulation 90.30.40.70(1), the required minimum front yard setback is 3.0 metres.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 825-2021 ] |
| (32) | Exception OR 32 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East, if the requirements of Section 10 and Schedule A of By-law 959-2021 are complied with, buildings or structures may be used and erected in compliance with Regulations (B) to (F) below;
|
| (B) | Should the (H) symbol be removed from Blocks 3 and 7 as described in Section 11 and as shown on Diagram 3 of By-law 959-2021 to permit a public school, Blocks 3 and 7 shall be considered one lot;
|
| (C) | In addition to the uses permitted in regulation 90.30.20.10(1) a public school or private school are also permitted if in compliance with the following:
|
|
| (i) | An adult education school is permitted if it is in a building used as a private school or public school or in a building that was originally constructed as a private school or public school, and is funded by the Provincial or Federal government for:
|
|
| (a) | adult English or French as a second language courses delivered by district schools;
|
| (b) | literacy and basic skills programming delivered by community agencies or district school boards;
|
| (c) | credit courses for adults delivered by district school boards;
|
| (d) | continuing education programs, including general interest courses, delivered by district school boards;
|
| (e) | adult Aboriginal language programs delivered by district school boards; or
|
| (f) | Canadian citizenship preparation programs delivered by district school boards;
|
|
| (ii) | a day nursery is permitted in a building used as a private school or a public school, or a building that was originally constructed as a private school or a public school, if:
|
|
| (a) | the day nursery is on the first storey; and
|
| (b) | the interior floor area used by the day nursery is no greater than 40 percent of the interior floor area of the first storey of the building;
|
|
| (iii) | A lot with a public school or a private school must have:
|
|
| (a) | a minimum 1.5 metre wide strip of soft landscaping, along all side lot lines and rear lot lines; and
|
| (b) | a minimum 3.0 metre wide strip of soft landscaping, along the entire length of any lot line abuts a street, excluding areas used for play, walkways, driveways, parking, loading, student drop-off and pick-up;
|
|
| (iv) | Buildings or structures that are ancillary to a public school or private school must:
|
|
| (a) | comply with the required minimum building setbacks for the zone in which the lot is located;
|
| (b) | despite (a) above, a portable classroom building must be set back from all lot lines a distance equal to at least half the height of the portable classroom building;
|
|
| (v) | A portable classroom building may be no more than 4.0 metres in height, and the height of a portable classroom building is the distance between average grade and the highest part of the building, excluding permitted encroachments above the height limit for the zone in which the portable classroom building is located; and
|
| (vi) | All waste and recyclable material must be stored in a wholly enclosed building, if a public school or a private school is constructed pursuant to a building permit issued more than three years after May 9, 2013;
|
|
| (D) | In addition to the uses permitted by regulation 90.30.20.10(1), a day nursery is also permitted if in compliance with the following:
|
|
| (i) | A day nursery in a public school or a private school is subject to the following:
|
|
| (a) | it must be on the first storey; and
|
| (b) | its interior floor area may be no greater than 40 percent of the gross floor area of the first stor ey of the building;
|
|
|
| (E) | Despite Regulation 90.5.40.10(1), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 126.59 metres to the highest point of the building or structure; and
|
| (F) | Despite Regulation 90.30.40.10(1) and Clause 90.30.40.70, should the (H) symbol be removed from Blocks 3 and 7 as described in Section 11 and as shown on Diagram 3 of By-law 959-2021, to permit a public school, the permitted maximum building height for a public school on Blocks 3 and 7 shall be 20.0 metres and the required minimum building setbacks for Blocks 3 and 7 are as follows:
|
|
| (i) | a minimum front yard setback from the lot line abutting Street A identified on Diagram 3 of By-law 959-2021 of 3.0 metres;
|
| (ii) | a minimum exterior side yard setback from the lot line abutting Street B identified on Diagram 3 of By-law 959-2021 of 3.0 metres;
|
| (iii) | a minimum interior side yard setback of 7.0 metres; and
|
| (iv) | a minimum rear yard setback of 30.0 metres.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 959-2021 ] |
| (34) | Exception OR 34 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-law and Prevailing Sections
|
|
Site Specific Provisions: |
|
| (A) | On 770 Don Mills Rd, as shown on Diagram 1 attached to By-law 551-2022, a building, structure, may be constructed, used or enlarged in compliance with (B) to (D) below;
|
| (B) | For the purposes of this exemption, the lot is comprised of "Area D" as shown on Diagram 2 attached to By-law 551-2022;
|
| (C) | Despite Regulation 90.30.20.10 and 90.30.20.20 only the following uses are permitted: Park, Public Utility, Recreation Use, Transportation Use; and
|
| (D) | Despite Regulation 90.30.40.70(1)(C) the required minimum front yard setback is 3.0 metres.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
|
| (35) | Exception OR 35 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-law and Prevailing Sections
|
|
Site Specific Provisions: |
|
| (A) | On 805 Don Mills Road, as shown on Diagram 1 attached to By-law 582-2022, a building, structure, may be constructed, used or enlarged in compliance with Regulations (B) to (D) below;
|
| (B) | For the purposes of this exemption, the lot is "Area C" as shown on Diagram 2 attached to By-law 582-2022;
|
| (C) | Despite Regulation 90.30.20.10 and 90.30.20.20 only the following uses are permitted: Park, Public Utility, Recreation Use, Transportation Use;
|
| (D) | Despite Regulation 90.30.40.70(1)(C) the required minimum front yard setback is 3.0 metres.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
|
| (36) | Exception OR 36 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | Clause 90.30.40.70 does not apply to a transportation use;
|
| (B) | Floor space index is calculated only for the above ground portion of a building or structure with a transportation use; and
|
| (C) | The maximum permitted floor space index for transportation use in a building is 1.0 times the area of the lot.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 910-2022 ] |
| (37) | Exception OR 37 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On the lands, a sewage treatment plant and pumping facility is permitted. [TO: 438-86; 12(1) 228]
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(1) 381 of former City of Toronto By-law 438-86.
|
|
| (38) | Exception OR 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: |
|
| (A) | A dwelling unit in a lawfully existing detached house is permitted on the lands municipally known as 11, 15 and 17 Heddington Avenue, and any addition to a lawfully existing building on these lands must comply with the requirements for the respective building type in the RD zone, or be authorized by a Section 45 Planning Act minor variance;
|
| (B) | A lawfully existing public parking use is permitted on the lands municipally known as 125 Burnaby Boulevard; and
|
| (C) | For the purposes of (A) and (B) above, the words lawful and lawfully highlighted in bold type, in addition to the definitions provided in Zoning By-law 569-2013, Chapter 800 Definitions, includes buildings, structures or uses authorized or permitted on or before June 16, 2022.
|
|
|
Prevailing By-laws and Prevailing Sections: [ By-law: 595-2022 Under Appeal ] |
| (39) | Exception OR 39 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | A dwelling unit in a lawfully existing detached house is permitted on the lands municipally known as 12 Manor Road East, and any addition to a lawfully existing building on these lands must comply with the requirements for the respective building type in the R zone, or be authorized by a Section 45 Planning Act minor variance;
|
| (B) | A lawfully existing public parking use is permitted on the lands municipally known as 21 Hillsdale Avenue East; and
|
| (C) | For the purposes of (A) and (B) above, the words lawful and lawfully highlighted in bold type, in addition to the definitions provided in Zoning By-law 569-2013, Chapter 800 Definitions, includes buildings, structures or uses authorized or permitted on or before June 16, 2022.
|
|
|
Prevailing By-laws and Prevailing Sections: [ By-law: 595-2022 Under Appeal ] |
| (40) | Exception OR 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 16(320) of the former City of York zoning by-law 1-83.
|
|
| (41) | Exception OR 41 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | On 4588 and 4600 Bathurst St., Section 64.21(14) of the former City of North York zoning by-law 7625.
|
|
| (42) | Exception OR 42 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-law and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | On the lands shown on Diagram 1 of By-law 828-2022, if the requirements of this By-law are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (F) below;
|
| (B) | For the purposes of this exception:
|
|
| (i) | "lot" is defined as the lands outlined by black lines collectively comprising Block 3 and Block 6 as identified on Diagram 1 of By-law 828-2022;
|
| (ii) | "lot line" is defined to include the boundary of any of Block 3 and Block 6 as identified on Diagram 1 of By-law 828-2022; and
|
| (iii) | "average grade" means the average elevation of the finished ground surface, around all sides of a building or structure, measured where the building or structure meets the ground surface;
|
|
| (C) | Despite Regulation 90.30.40.70(1)(C), for Block 3 as shown on Diagram 3 of By-law 828-2022 the required front yard setback is a minimum of 2.5 metres and a maximum of 12.0 metres from the "lot line" abutting Jane Street;
|
| (D) | Despite Regulation 90.5.40.10(1), the height of a building or structure is the distance between "average grade" and elevation of the highest point of the building or structure;
|
| (E) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided for in accordance with the following minimum rates:
|
|
| (i) | For a community centre, parking spaces must be provided at a minimum ratio of 1.3 parking spaces per 100 square metres of gross floor area;
|
| (ii) | For a day nursery, parking spaces must be provided at a minimum ratio of 0.8 parking spaces per 100 square metres of gross floor area; and
|
| (iii) | For all other permitted non-residential uses, parking spaces must be provided at a ratio of 1.5 spaces per 100 square metres of gross floor area;
|
|
| (F) | Required parking spaces for non-residential uses may be provided on Block 1, Block 2, Block 3, Block 4, Block 5, Block 6, Block 7A and/or Block 7B, as shown on Diagram 1 of By-law 828-2022 and may be shared on a non-exclusive basis.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 828-2022 ] |
| (43) | Exception OR 43 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | A public park, with a required minimum area of 1,608 square metres, must be provided, as shown on Diagram 2 of By-law 1210-2022(OLT).
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1210-2022(OLT) ] |
| (44) | Exception OR 44 |
| The lands, or a portion thereof, as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
|
|
Site Specific Provisions: |
|
| (A) | A dwelling unit in a lawfully existing building is permitted on the lands municipally known as 35, 39, 43, 45, 49, 51, 55, 57, and 61 Montgomery Avenue, and 30, 32, 34, 36, 38, 40, 44, 46, 50,54, and 58 Helendale Avenue, and any addition to a lawfully existing building on these lands must comply with the requirements for the respective building type in the R zone, or be authorized by a Section 45 Planning Act minor variance.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 553-2023 Under Appeal ] |
| (58) | Exception OR 58 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | On the odd numbered addresses of 419-425 Coxwell Ave., former City of Toronto by-law 384-91.
|
|
| (70) | Exception OR 70 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | On 20 GRANGE RD, 100 McCaul St., 100R McCaul St., the even numbered addresses of 74-76 McCaul St., City of Toronto by-law 714-01.
|
|
| (75) | Exception OR 75 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(1) 341 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 325 of former City of Toronto By-law 438-86;
|
| (C) | City of Toronto by-law 191-01(OMB); and
|
| (D) | City of Toronto by-law 378-04.
|
|
| (76) | Exception OR 76 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Schedule "C" Exception 48, of former City of Scarborough by-law 12466.
|
|
| (77) | Exception OR 77 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Schedule "C" Exception 11, of former City of Scarborough by-law 11883.
|
|
| (80) | Exception OR 80 |
| 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 14 St. Clements Ave. in 1981, a day nursery is permitted. [TO: 438-86; 12 (1) 163(v)]
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (81) | Exception OR 81 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On the lands municipally known as 1 Austin Terrace in 1983, public parking in a structure that does not contain more than 60 parking spaces is permitted; [TO: 438-86; 12 (1) 181]
|
| (B) | On the lands municipally known as 328 Walmer Rd. in 1983, a detached house is permitted for a building that existed on the lot on July 11, 1983;
|
| (C) | On the lands municipally known as 330 Walmer Rd., the Casa Loma stables are a permitted use in a building that existed on the lot on July 11, 1983;
|
| (D) | On the lands municipally known as 285 Spadina Ave. in 1983, the Spadina House museum is permitted in a building that existed on the lot on July 11, 1983; and
|
| (E) | On the lands municipally known as 1 Austin Terrace in 1983, Casa Loma is permitted in a building that existed on the lot on July 11, 1983. [TO: 438-86; 12 (1) 263]
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply) |
| (82) | Exception OR 82 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(1) 77 of former City of Toronto By-law 438-86.
|
|
| (84) | Exception OR 84 |
| 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(1) 55 of former City of Toronto By-law 438-86; and
|
| (B) | Section 12(2) 323 of former City of Toronto By-law 438-86.
|
|
| (85) | Exception OR 85 |
| 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 285 Melita Ave., former City of Toronto by-laws 233-78, 105-78, 106-78, 484-79, and 169-81.
|
|
|
