Part 3 - Specific Use Provisions (Sections 77 to 99)

(By-law 2019-353)

1. For the purposes of subsections (3) and (4), a tower is that portion of a building over nine storeys or a height equal to the width of the widest public street abutting a lot line, whichever is less;
2. For the purposes of subsections (3) and (4), where a high-rise building is located in a planned unit development, and the high-rise building is not located adjacent to a public street, the tower is that portion of a building over nine storeys;
3. Buildings that are 10 storeys and higher in Area A as shown on Schedule 402 are subject to the following provisions:
   1. the minimum required lot area for a corner lot is 1150 m²;
   2. the minimum require lot area for an interior lot is 1350 m²;
   3. the minimum interior side and rear yard setback for a tower is 10 m;
   4. the minimum separation distance between towers on the same lot is 20 m.
4. Buildings that are 10 storeys and higher in Area B as shown on Schedule 402 are subject to the following provisions:
   1. the minimum required lot area for a corner lot is 1350 m²;
   2. the minimum require lot area for an interior lot is 1800 m²;
   3. the minimum interior side and rear yard setback for a tower is 11.5 m;
   4. the minimum separation distance between towers on the same lot is 23 m.
5. The provisions in subsections 77 (1), (2), (3) and (4) do not apply to lands in the AM12, GM31, MC2, MC5, MC10, MC15, TM10, MD zones, TD zones and lands shown in Schedule 403

1. The following applies to a payday loan establishment:
   1. A minimum separation distance of 1000 m is required between any lots containing a payday loan establishment;
   2. A minimum separation distance of 500 m is required between a lot that contains a payday loan establishment and a lot containing a casino or racetrack;
   3. A minimum separation distance of 300 m is required between a lot that contains a payday loan establishment and a lot that contains a school or a post-secondary educational facility;
   4. A payday loan establishment must be located in a building that contains other commercial uses; and,
   5. A payday loan establishment must not be located in a building containing residential uses. (By-law 2019-338)

(By-law 2021-222)

79A.

1. On-farm diversified uses are subject to the following provisions:
   1. An on-farm diversified use is permitted if the principal use of the lot is agricultural;
   2. On-farm diversified uses are limited to 2% of the total lot area, to a maximum of 1 hectare;
   3. the area of on-farm diversified uses on a lot includes:
      1. The total area of buildings, structures and outdoor storage associated with home-based businesses, and
      2. The total area of buildings and structures built after November 8, 2017 associated with the on-farm diversified use, and
      3. 50% of the area of buildings or structures built prior to November 8, 2017 that have been converted to an on-farm diversified use, and
      4. The area of laneways and septic systems that were developed on or after November 8, 2017, and
      5. Parking areas, outdoor storage areas, and landscaped areas that are associated with an on-farm diversified use, and
      6. Despite the above, the area of agri-tourism uses associated with activities such as wagon rides or corn mazes on lands producing harvestable crops are not included in the area calculations;
   4. The total floor area occupied by on-farm diversified uses may not exceed 20% of the total land area permitted for on-farm diversified uses on the lot, to a maximum of 600 square metres (except where otherwise stated), and;
      1. The total floor area occupied by on-farm diversified uses, limited to place of assembly, instructional facility and restaurant uses, whether located in new or existing buildings, may not exceed 150 square metres;
      2. The total cumulative floor area of all on-farm diversified uses on a lot may not exceed 600 square metres, with a maximum of 300 square metres for floor area built after November 8, 2017;
      3. Floor area used for processing that may incorporate inputs grown off-site does not need to be counted towards the maximum total floor area and is subject only to the maximum areas under b) above.
   5. Any outdoor storage or parking areas associated with an on-farm diversified use must be screened from view from a public street or a residential use on an abutting lot.
   6. Outdoor storage areas and parking areas associated with an on-farm diversified use must not be located within 10 metres of any lot line.
   7. Maximum number of heavy vehicles, including recreational vehicles, associated with an on-farm diversified use: 3
   8. Required parking is as identified under Table 101 for the use proposed.
   9. Every effort should be made to cluster on-farm diversified uses, make use of existing laneways, and locate on areas of poorer soil.  

Agriculture-Related Uses (Section 79B)

(By-law 2021-222)

79B.

1. ​​​​​​Agriculture-related uses are subject to the following provisions:
   1. The maximum combined area of all agriculture-related uses and on-farm diversified uses on a lot is 1 hectare;
   2. The minimum lot area for an agriculture-related use is as per the zone;
   3. If there is more than one agriculture-related use or on-farm diversified use on a lot, the combined area of all agriculture-related and on-farm diversified uses is included in the total;
   4. The maximum area of agriculture-related uses includes any buildings, structures, outdoor storage areas, parking areas, and well and septic systems that are associated with the use.

1. Where an adult entertainment parlour is permitted, the lot on which it is located must not be:
   1. within 500 metres of a residential use building, day care, place of worship, school, library, community centre, community health and resource centre or park, or any residential, institutional, open space or leisure zone; or
   2. within 1000 metres of a lot occupied by another adult entertainment parlour.
2. No adult entertainment parlour may be located on a lot having frontage on a rural arterial road as shown on Schedule 4 of this by-law.  

1. A click and collect facility is subject to the following provisions:
   1. in the AM10, LC, MD, TD, TM and VM zones, a click and collect facility must be located in a building with another permitted use in the zone; 
   2. despite clause 81(1)(a), in the AM10, LC, MD, TD, TM and VM zones, a click and collect facility may be a single occupancy in a stand-alone building in existence as of September 14, 2016;
   3. when located in a stand-alone building as a single occupancy, a minimum of 30% of the total surface area of the walls of the first storey of the building must be transparent glazing;
   4. where a click and collect facility is a single occupancy located in a stand-alone building, the building is not subject to the minimum building height provisions in that zone;
   5. in the AM10, LC, MD, TD, TM and VM zones, or when located in a rapid transit network station, no new parking may be provided for a click and collect facility;
   6. in the AM (excluding the AM10 subzone), GM, MC, and RC zones, no parking is required for a click and collect facility;
   7. in any zone where a click and collect facility is permitted, and despite Sections 81(1)(e) and 100(1), parking spaces associated with any other use on the lot may also be used for parking associated with a click and collect facility without rendering any other use on the lot non-complying with minimum parking requirements. (By-law 2016-289)

1. Urban agriculture must comply with the following provisions:
   1. the cultivation of plants for consumption may only be undertaken on lands having soils suitable for food production;
   2. no building or structure developed exclusively as part of urban agriculture is permitted except in accordance with the following:
      1. maximum building height is 3.5 metres; 
      2. minimum front and corner side yard setback is 3 metres;
      3. setbacks from all other lot lines are a minimum of 1.2 metres;
      4. maximum lot coverage is 20 per cent; and
      5. despite Subclause (i), the maximum height of a greenhouse in a non-residential zone is 4.5 metres. (By-law 2016-131) (By-law 2017-148)

1. A Hydronic Heater is:
   1. not permitted on a lot within: 
      1. areas A, B and C on Schedule 1; and, 
      2. the V1, V2, V3 and VM zones; 
   2. Only permitted on a lot with an area equal to or greater than 8000 square metres, except in the AG zone; 
   3. Required to be setback a minimum of: 
      1. 30 metres from a lot line abutting a public street; 
      2. 15 metres from any other lot line; and,
      3. 60 metres from a residential use building located on another lot, 
   4. Required to have a chimney or stack which projects at least 3.66 metres above ground level;
   5. Notwithstanding clause (d), where a Hydronic Heater is within 92 metres of a residential use building located on another lot, the Hydronic Heater must have a chimney or stack which projects at least 4.88 metres above ground level. (By-law 2012-344)

Where permitted:

1. a kennel must comply with the provisions of Table 84;
2. a kennel may be located in the same building as a dwelling unit, subject to the provisions of Table 84; and
3. a kennel structure associated with a kennel is considered to be a building for zoning purposes.

Table 84- Kennel Provisions

1. 1. An outdoor commercial patio is permitted in any zone other than a residential zone, where associated with a permitted use.
   2. An outdoor commercial patio is not required to be on the same lot as its associated primary use but must be located within the same city block as or directly across the street from the associated use.” (By-law 2021-406)
2. An outdoor commercial patio is prohibited in association with any adult entertainment parlour.
3. 1. Where an outdoor commercial patio is within 30 m of a residential zone, it is not permitted to be served by an amplified system, directly or indirectly, for music or entertainment purposes.
   2. Where an outdoor commercial patio abuts a residential zone, is within 30m of that zone and is not physically separated by a building, it must be screened from that zone by a structure, screen or wall that is at least 2m in height. (By-law 2021-406)
4. 1. Outdoor commercial patios must not encroach on or eliminate an accessible parking space as defined under the Traffic and Parking By-law.
   2. An outdoor commercial patio is deemed not to be in non-compliance with the requirements of Section 101 as a result of any encroachment on required parking spaces, except as per subsection (4)(a). (By-law 2021-406)
5. No additional parking is required for an outdoor commercial patio. (By-law 2012-334)
6. No portion of an outdoor commercial patio may be located at an elevation higher than two metres above ground level in the LC, GM, TM and VM zones as well as in the MD2 and MD3 subzones affecting the By Ward Market as shown on Schedule 8. (By-law 2012-334)

1. Where a site-specific zoning by-law so allows, parking that is neither required by Section 101 for a place of worship nor accessory to a place of worship is allowed on the same lot and zone as a place of worship if: 
   1. place of worship is a listed permitted use in the zone;
   2. parking lot or parking garage is not a listed permitted use in the zone; and
   3. there are no other uses on the lot other than a dwelling unit.
2. Where the site-specific zoning mentioned in subsection (1) allows parking that is neither required for nor accessory to a place of worship on the same lot and in a zone as a place of worship, parking spaces required or provided for the place of worship may only be used as parking spaces for the following uses:
   • cemetery
   • court house
   • daycare
   • office
   • park
   • school
   • post secondary educational institution
3. ​The uses listed in subsection (2) must be located on a lot other than the lot on which is located the place of worship.
4. A minimum of 35% of the number of parking spaces required by Section 101 for the place of worship must be reserved at all times for the sole use of the place of worship.
5. Nothing in this section reduces the number of parking spaces required under this by-law for the uses listed in subsection (2).

1. A rapid-transit network and related construction, staging and repair works to support a rapid transit network are permitted in all zones. (By-law 2013-19)
2. The provisions of this by-law do not apply to a rapid-transit network and to land used for the construction, staging and repair works to support a rapid transit network. (By-law 2013-19)
3. Despite subsections (1) and (2), in addition to the uses permitted in the applicable zone, the following uses are permitted within a rapid transit network station:
   • bank machine
   • click and collect facility  (By-law 2016-289)
   • convenience store
   • personal service business
   • restaurant, fast food 
   • restaurant, take-out
   • retail store
   • service or repair shop
     provided these uses are not located in an EP zone or subzone or within a flood plain overlay. (By-law 2017-148) 

A security hut is permitted as accessory to a diplomatic mission, if it complies with the provisions set out in Table 88.

In addition to the provisions of the zone in which it is located, a personal brewing facility must comply with the following provisions: (By-law 2019-41)

1. it must be operated in conjunction with the retail sale of beer or wine-making products;
2. it must not deal in any spirits other than beer or wine;
3. the beer or wine must be made from prepared concentrates or juices; and
4. the combined size of the brewing and bottling area and the associated retail sales operation must not exceed 200 square metres in gross floor area.

1. Where permitted, a snow disposal facility must be located at least 200 metres from a residential zone.
2. Despite subsection (1), the minimum required 200 metre setback may be reduced to a minimum of 100 metres provided that noise attenuation measures are introduced to mitigate the noise level of the snow disposal facility so that it does not become a nuisance to surrounding dwellings.

1. A utility installation is permitted in all zones other than EP, ME or MR subject to the following provisions:
   1. any building containing the utility installation must comply with zone setback provisions and maximum building height;
   2. no offices, maintenance uses or indoor or outdoor storage facilities are permitted except where otherwise allowed in the zone; and
   3. no dust, smoke, noise or odour may be produced that is likely to be dangerous or obnoxious.
   4. electrical substations are not permitted within the flood plain overlay;
   5. poles, pedestals, drop lines, cables, pipelines, kiosks, cabinets and other similar equipment used to provide services from a utility installation to a use, building or structure are not considered to constitute a utility installation and are not subject to the provisions of this Section;
   6. utility installations that are subject to the requirements of the Environmental Assessment Act are permitted in all zones, and are not subject to the provisions of this Zoning By-law
2. There are no minimum lot area or minimum lot width requirements for a utility installation.
3. Despite Section 20, parking need only be provided on the basis of the actual gross floor area of a building associated with the utility installation.
4. Antenna systems, including satellite dishes, are not subject to the regulations of this Zoning By-law, but are subject to the City’s Municipal Concurrence and Public Consultation Process for Antenna Systems. (By-law 2013-224)

1. Wayside pits, wayside quarries and related portable asphalt plants and portable concrete plants are permitted in all zones other than EP.

1. A group of occupancies located in an AM – Arterial Mainstreet Zone, GM – General Mixed-Use Zone, LC – Local Commercial Zone, MC – Mixed-Use Centre Zone, MD – Mixed-Use Downtown Centre Zone, IG – General Industrial Zone, IH – Heavy Industrial Zone, IL – Light Industrial Zone, or IP – Business Park Industrial Zone, or RC - Rural Commercial Zone that: (By-law 2013-58)
   1. are designed, developed and managed, including site access and infrastructure servicing, as a unit whether by a single owner or a group of owners or tenants acting in collaboration;
   2. are made up entirely of uses permitted or lawfully non-conforming on the site, and has either:
      1. a common parking lot or parking garage or a combination thereof; or
      2. a group of parking lots or parking garages or a combination thereof which are managed as a unit by the same owner, owners or tenants of the occupancies required in clause (a) above, and are on the same lot or lots as the occupancies required in clause (a) above; shall be considered as one lot for the purposes of applying zoning provisions and regulations. (OMB Order, File #PL080959 issued June 1, 2010) 
2. Where lands considered as one lot for the purposes of applying zoning provisions are subject to an application to create a condominium, and that application is approved, the lands are not, by reason only of the approval of the condominium application, to be considered more than one lot for the purposes of zoning. (By-law 2017-302)

1. Car-sharing services are permitted in any commercial, industrial, institutional or transportation zone. For the purposes of this Section, commercial zone means the AM, GM, LC, MC, MD and TM zones. (By-law 2009-164)
2. Car-sharing spaces are permitted in any principal use or accessory use parking lot or parking garage in any zone in which car-sharing services are permitted, and may occupy either required or provided parking spaces.
3. Despite Subsection (1), in an R3, R4 or R5 Zone up to three required or provided parking spaces accessory to any of the following uses may be used as car-sharing spaces:  (By-law 2016-249)
   1. apartment dwelling, low rise
   2. apartment dwelling, mid rise (By-law 2014-292)
   3. apartment dwelling, high rise (By-law 2014-292)
   4. bed and breakfast
   5. townhouse dwelling (By-law 2012-334)
   6. three-unit dwelling (By-law 2016-249)
   7. retirement home
   8. retirement home, converted
   9. stacked dwelling, or
   10. planned unit development comprised of one or more of the above uses (By-law 2014-292)
4. Signage used to identify car-sharing spaces is permitted subject to the applicable provisions of the Signs By-law. However, in an R3,  R4 or R5 Zone, one sign may be used to identify car-sharing spaces and the sign must comply with the provisions specified for home-based businesses in the Signs By-law.  (By-law 2016-249)

1. The following applies to Waste Processing and Transfer Facilities in D as area shown on Schedule 1: (By-law 2012-204)
   1. waste processing and transfer facility (putrescible) is only permitted in RH Zones,
   2. minimum lot area for waste processing and transfer facility (putrescible): 2 ha,
   3. minimum separation distance of 300 metres is required between a building containing a waste processing and transfer facility (putrescible) and any building for which the principal use is residential or institutional, located on a lot zoned Rural Residential (RR), Rural Countryside (RU), Village Residential (V1, V2, V3), Village Mixed Use (VM), Rural Institutional (RI); (By-law 2012-204)
   4. minimum separation distance of 300 metres is required between a building containing a waste processing and transfer facility (putrescible) and any building for which the principal use is residential or institutional, located on a residentially-zoned or institutionally-zoned lot located within Area C of Schedule 1, (By-law 2012-204)
   5. construction of any building for which the principal use will be residential or institutional on a lot zoned Rural Residential (RR), Rural Countryside (RU), Village Residential (V1, V2, V3), Village Mixed Use (VM) or Rural Institutional (RI) in proximity to existing waste processing and transfer facilities (putrescible) must also comply with the minimum separation distance; (By-law 2012-204)
   6. despite the required minimum separation distance, no waste processing and transfer facility (putrescible) is deemed to be non-complying by the subsequent erection of a residential use or institutional use building on another lot,
   7. waste processing and transfer facilities, (putrescible) and waste processing and transfer facilities, (non-putrescible), are restricted to having either direct access to a designated truck route or access through an RG- or RH- zoned industrial subdivision leading directly to a designated truck route,
   8. development of a waste processing transfer facility, (putrescible) or a waste processing transfer facility (non-putrescible) must not be developed without the approval of the Ministry of Environment. (By-law 2012-204)
   9. In Rural Heavy Industrial (RH) Zones in area D as shown on  Schedule 1 the following terms and definitions replace the term ‘waste processing and transfer facility’ (By-law 2012-204)
      1. Waste processing and transfer facility (non-putrescible) means a facility where non-putrescible waste is sorted, processed and temporarily stored prior to transfer off site and may include a recycling operation;
      2. Waste processing and transfer facility (putrescible) means a facility where putrescible and non-putrescible waste is sorted, processed or temporarily stored prior to transfer off site and may include a source separated organics and biosolids processing and storage facility,     
   10. waste processing and transfer facility (putrescible) and waste processing and transfer facility (non-putrescible) must not be used as a solid waste disposal facility; and.
   11. outdoor storage of putrescible waste is prohibited. (By-law 2012-204) (OMB Order, File #PL110666, issued November 18, 2011) (By-law 2011-205)

1. A place of  worship is permitted to have as ancillary uses:
   1. a maximum of three ancillary rooming units. (By-law 2013-224); and
   2. a theatre, community centre, limited to programs of community or social benefit; day care; one dwelling unit for the faith group leader; place of assembly; recreation and athletic facility, limited to a gymnasium; retail uses to support the operation of the place of worship. (By-law 2019-449)
2. The cumulative gross floor area of all ancillary uses must not exceed the gross floor area of worship space. (By-law 2019-449)
3. A place of assembly is permitted to have a theatre as an ancillary use.  (By-law 2018-176) (By-law 2019-449)

1. A cannabis production facility: (By-law 2019-222)
   1. must be a listed permitted use in the zone it is located in and must comply with the provisions of that zone,
   2. must not have any outdoor storage;
   3. is not permitted in a dwelling;
   4. no cannabis production facility that is contained entirely within a building may become a nuisance because of odour or fumes. (By-law 2019-222)
   5. no cannabis production facility that includes cultivation in an outdoor area or in a greenhouse may be located within 300 metres of a residential use or an Institutional or Rural Institutional Zone. (By-law 2019-222)
   6. despite (e) above, a cannabis production facility that includes outdoor cultivation areas or greenhouses may be located within 300 metres of a Rural Institutional Zone or Institutional Zone if the only permitted uses in these zones are an environmental preserve and educational area, emergency service, municipal service centre, office, storage yard, or warehouse. (By-law 2019-222)
   7. established in compliance with this Section is not considered to be non-complying to (e) and (f) above by the subsequent erection of a residential or institutional use building on another lot. (By-law 2014-74)

1. An instructional facility, limited to an outdoor bicycle and motor vehicle training facility is permitted in all zones that are not residential zones, subject to the requirements of this section.
2. No additional parking is required for an instructional facility, limited to an outdoor bicycle and motor vehicle training facility.
3. An outdoor motor vehicle training facility must be a minimum of 300 metres from a lot zoned residential or a lot containing a dwelling.
4. Despite subsection 100(1), an instructional facility, limited to an outdoor bicycle and motor vehicle training facility may be located in a parking lot such that it temporarily prevents the use of a portion of required or provided parking spaces, aisles or driveways of another use on the same lot, provided that the motor vehicle or bicycle training course does not obstruct access to a fire route. (By-law 2017-148)

1. No storefront industry may:
   1. Become a nuisance because of noise, odour, dust, fumes, vibration, radiation or glare;
   2. Become a fire or building hazard or health risk; or
   3. Interfere with radio, television or other telecommunications transmissions.
2. A storefront industry:
   1. Must be entirely contained within a building, except for a permitted outdoor commercial patio; and
   2. May not have outdoor storage.
3. The total floor area of a storefront industry, including its ancillary restaurant, retail food store or retail store component, may not exceed: (By-law 2019-41)
   1. In the AM, GM, MC, RC, MD. TM and TD zones: 350m²;
   2. In the VM zones: 200m².
4. For the purposes of Section 101 - Minimum Parking Space Requirements, the floor area used for production, processing, packaging and storage of goods in a storefront industry is considered a light industrial use that is separate and distinct from the ancillary restaurant, retail store or retail food store component.
5. In the following zones, the combination of industrial use with a main, accessory or ancillary display and sales area, retail store, retail food store or restaurant use is not considered a storefront industry: RG; RH; IH; IG; IL; and IP. (By-law 2018-171)