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 one mixed use buildings is permitted, which may include a maximum of two towers. 8. Where two towers are constructed on the land described in subsection 2 (1), a tower main wall on the lot must be no closer than 22 metres to another tower main wall on the lot. 9. Where two towers are constructed on the lands described in subsection 2 (1), the maximum tower floor plate area for any tower is 950 square metres. 10. The maximum total gross floor area is 39,230 square metres. 11. The minimum gross floor area for non-residential uses in a mixed use building, exclusive of transportation uses, is 14,198 square metres. 12. The maximum height of a building or structure on the lands described in subsection 2 (1) shall be, i. 15 metres for the base building, ii. 30 metres for the mid-section building, and iii. 72.8 metres for the tower. 13. The minimum height of the first storey of a building, measured between the floor of the first storey and the ceiling of the first storey, is 4.5 metres. 14. The minimum building setbacks for a base building are as follows: i. 6.5 metres from the north lot line. ii. 0 metres from the west lot line. iii. 0 metres from the east lot line. iv. 8.0 metres from the south lot line. 15. The minimum building setbacks and step backs, as the case may be, for a mid-section building are as follows: i. A setback of 6.5 metres from the north lot line. ii. A setback of 1.0 metres from the west lot line. iii. A setback of 1.0 metres from the east lot line. iv. A setback of 6.0 metres from the south lot line. v. A step back of 1.0 metre from the east and west main wall of the base building. 16. The minimum building setbacks and step backs, as the case may be, for a tower are as follows: i. A setback of 12.5 metres from the north lot line. ii. A setback of 4.5 metres from the west lot line. iii. A setback of 4.5 metres from the east lot line. iv. A setback of 7.5 metres from the south lot line. v. A step back of 1.5 metre from the south main wall of the mid-section building. vi. A step back of 1.5 metres from the east and west main walls of the mid-section building. vii. A step back of 3.0 metres from the north main wall of the mid-section building. 17. A building, structure or portion of a building or structure used for a transportation use is not required to comply with paragraphs 12, 14, 15 and 16. 18. 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 paragraphs 12, 14, 15 and 16: i. Mechanical elements, mechanical penthouses, stairs and stair enclosures. ii. Fences, raised planters, light fixtures, guardrails, pergolas and trellises, a 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 overruns, chimney stacks 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 ramps 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 erected. 19. A mechanical penthouse may cover 100 per cent of the roof of a building, measured horizontally. 20. A minimum of 25 per cent of the total number of dwelling units in all buildings shall contain two or more bedrooms. 21. A minimum of 10 per cent of the total number of dwelling units in all buildings shall contain three or more bedrooms. 22. No outdoor amenity space associated with a non-residential use or a transportation use is required to be provided. 23. Vehicle access may only be permitted from Jefferson Avenue, Atlantic Avenue, a lane or a private lane, and a maximum of two vehicle accesses is permitted. 24. 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. 25. 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. 26. Where any parking spaces are provided, a maximum of 10 per cent of the provided parking spaces may 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. 27. 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. 28. 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. 29. 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. 30. Vehicle access to a loading space may only be from Jefferson Avenue, Atlantic Avenue or a lane, including a private lane, and need not be combined with any other vehicle access. 31. No loading spaces are required for the portion of a building used for a transportation use. 32. 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. 33. Long-term bicycle parking spaces and short-term bicycle parking spaces may be located in a stacked bicycle parking space. 34. Long-term bicycle parking spaces may be located above or below ground. 35. Short-term bicycle parking spaces may be located more than 30 metres from a pedestrian entrance. 36. 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. 37. No bicycle parking spaces are required for the portion of a building used for a transportation use. 38. 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 ground. 39. 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. 40. Chapter 900 of the zoning by-law does not apply to the lands described in subsection 2 (1). (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).