Zoning requirements
  6. (1) Except as otherwise provided in this section, the following zoning by-law requirements apply to the lands referred to in subsection 2 (1): 1. The Development Standard Set 2 (SS2) requirements. 2. The Commercial Residential (CR) Zone requirements. (2) Despite subsection (1), the following requirements apply to the lands described in subsection 2 (1): 1. A maximum of one nightclub, with an interior floor area of no more than 400 square metres, is permitted. 2. There is no maximum interior floor area for retail services or retail stores. 3. There is no maximum interior floor area for eating establishments and take-out eating establishments. 4. No internal occupancies within an area of a building on the lot above the third storey shall be used for any of the following uses: i. Retail stores. ii. Retail services. iii. Personal services. iv. Service shops. v. Amusement arcades. vi. Cabarets. vii. Clubs. viii. Entertainment places of assembly. ix. Nightclubs. 5. Residential use portions of a building must be located above the first storey of a building with the exception of residential lobby access, corridors, ancillary service/operational spaces and common spaces such as mailrooms and concierge offices, and indoor amenity spaces. 6. Residential use portions of a mixed use building may be located on a storey which contains any of the following uses: i. Offices. ii. Medical offices. iii. Day nurseries. 7. A maximum of two mixed use buildings and a maximum of two towers are permitted on the lands described in subsection 2 (1). 8. A tower main wall of a building located in the area shown as Block 1 Zone on the map referred to in subsection 2 (1) may be no closer than 25 metres to a tower main wall of a building in the area shown as Block 2 Zone on the same map. 9. The east main wall of the Block 1 base building may be no closer than 18 metres to the west main wall of the Block 2 base building, measured at established grade. 10. No part of the east main wall of the Block 1 mid-section building may be closer than 15 metres to the west main wall of the Block 2 mid-section building. 11. Any existing or reconstructed heritage buildings or heritage building features may be located within the separation distance between the east main wall of the Block 1 base building and the west main wall of the Block 2 base building required in paragraph 9. 12. Any existing or reconstructed heritage buildings or heritage building features may be located within the 15 metre separation distance between the east main wall of the Block 1 mid-section building and the west main wall of the Block 2 mid-section building required in paragraph 10. 13. The maximum gross floor area is 35,970 square metres. 14. The minimum gross floor area for non-residential uses in a mixed use building, exclusive of transportation uses, is 14,388 square metres. 15. Projections and encroachments associated with the following structures or elements may exceed the minimum building setbacks and step backs and maximum building heights set out in sections 7 and 8: i. Mechanical elements, mechanical penthouse, stair and stair enclosures. ii. Fences, raised planters, light fixtures, guardrails, pergolas and trellises, divider or dividers and features associated with an outdoor amenity space. iii. A railing or railings located at each of the roof levels of the building. iv. Roof assemblies, including a parapet, roof drainage, thermal insulation, roof pavers and roof ballast, at each of the roof levels of the building. v. Elements and structures associated with a green roof, green energy and renewable energy facilities. vi. Structures used for outside or open air recreation, safety or wind protection purposes, provided said structures shall not enclose space so as to constitute a form of penthouse or other room or rooms. vii. Spires, ornamental, decorative or architectural elements, stair towers, access corridors to stairs, access hatches, elevator machine rooms, elevator overrun, chimney stack or other heating, cooling or ventilating equipment located above the height of each of the roof levels of the building. viii. Lightning rods and exhaust flues. ix. Eaves, cornices, columns, landscape and public art features, wheelchair ramps, light fixtures, stairs and stair enclosures, balustrades, guardrails, bollards, awnings, arcades, canopies, raised planters, patios, retaining walls, fences, vents, screens, wind mitigation screens and features, underground garage ramp and associated structures, accessibility ramps, window sills, mullions, damper equipment, skylights and window washing equipment. x. Open balconies, decks, terraces and bay windows. xi. Telecommunications equipment. xii. Any existing building main walls, including any existing main walls which may be removed and re-erected. 16. A mechanical penthouse may cover 100 per cent of the roof of a building, measured horizontally. 17. A minimum of 25 per cent of the total number of dwelling units in all buildings shall contain two or more bedrooms. 18. A minimum of 10 per cent of the total number of dwelling units in all buildings shall contain three or more bedrooms. 19. In the area shown as Mid-block Connection Zone on the map referred to in subsection 2 (1), a publicly accessible pedestrian walkway shall be provided with a width of 2.1 metres located at established grade extending north from the south lot line, and the walkway shall be free and clear of any projections, below a height of 5 metres, permitted by paragraph 15, including any buildings, structures, building elements and architectural elements. 20. Vehicle access may only be permitted from Hanna Avenue, Atlantic Avenue, a lane or a private lane, and a maximum of two vehicle accesses are permitted. 21. A minimum of two parking spaces plus a rate of 0.01 parking spaces per dwelling unit for visitors of dwelling units in a mixed use building shall be provided. 22. Where any parking spaces are provided, accessible parking spaces shall be provided and maintained in accordance with Clause 200.15.10 of the zoning by-law. 23. Where any parking spaces are provided, a maximum of 10 per cent of the provided parking spaces shall be small parking spaces with a minimum width of 2.4 metres, a minimum length of 5.0 metres and a minimum vertical clearance of 1.9 metres. 24. Where any parking spaces are provided, such parking spaces may be equipped with an energized outlet, which is clearly marked and identified for electric vehicle charging. 25. Any parking spaces provided may be within a public parking facility, and any parking spaces provided for visitor and non-residential uses may be shared on a non-exclusive basis. 26. Loading spaces shall be provided and maintained in accordance with Clauses 40.10.90, 220.5.1.10 and 220.5.10.1 of the zoning by-law, and such spaces may be shared on a non-exclusive basis by all uses on the lands described in subsection 2 (1). 27. Vehicle access to a loading space may only be from Hanna Avenue, Atlantic Avenue or a lane, including a private lane, and need not be combined with any other vehicle access. 28. No loading spaces are required for the portion of a building used for a transportation use. 29. A loading space access or driveway may be so laid out such that loading vehicles accessing a loading space may exit the lands described in subsection 2 (1) while reversing out onto a street or a lane, including a private lane. 30. Long-term bicycle parking spaces and short-term bicycle parking spaces may be located in a stacked bicycle parking space. 31. Long-term bicycle parking spaces may be located above or below ground. 32. Short-term bicycle parking spaces may be located more than 30 metres from a pedestrian entrance. 33. Bicycle parking spaces shall be provided and maintained in accordance with Clause 230.5.10.1 and Table 230.5.10.1(1) of the zoning by-law. 34. No bicycle parking spaces are required for the portion of a building used for a transportation use. 35. The following requirements apply to bicycle parking spaces: i. Where bicycles are to be parked on a horizontal surface, a bicycle parking space shall have horizontal dimensions of at least 0.6 metres by 1.8 metres and a vertical dimension of at least 1.9 metres. ii. Where bicycles are to be parked in a vertical position, a bicycle parking space shall have horizontal dimensions of at least 0.45 metres by 1.2 metres and a vertical dimension of at least 1.9 metres. iii. Where bicycles are to be parked in a stacked bicycle parking space, a bicycle parking space shall have a horizontal dimension of at least 0.4 metres by 1.8 metres and shall have a combined vertical dimension for two stacked bicycle parking spaces of at least 2.4 metres. iv. Bicycle parking spaces may be located outdoors or indoors, on the ground level, below ground or above grade. 36. The following sections, articles and clauses of the zoning by-law do not apply to the lands described in subsection 2 (1) of this Order: i. 40.5.40.10. ii. 40.5.40.60. iii. 40.10.40.1. iv. 40.10.40.60. v. 40.10.40.70. vi. 40.10.40.80. vii. 200.5.10. viii. Table 200.5.10.1. ix. 200.20. x. 600. xi. 600.20. xii. 970. xiii. 995.10.1. xiv. 995.20.1. xv. 995.30.1. xvi. 995.40.1. 37. Chapter 900 of the zoning by-law does not apply to the lands described in subsection 2 (1) of this Order. (3) Despite anything else in this Order, this section and the zoning by-law do not apply to the uses permitted under clause 5 (e).