Part 8 - Open Space and Leisure Zones (Sections 173 to 180)

Purpose of the Zone

The purpose of the L1-Community Leisure Facility Zone is to:

1. permit recreational uses that meet the needs of the surrounding community to be located on land designated as General Urban Area, Major Open Space, Mixed Use Centre and Central Area in the Official Plan; and
2. impose regulations which ensure that the scale and intensity of these uses is compatible with any adjacent residential uses.

Section 173

In the L1 Zone:

Permitted Uses

1. The following uses are permitted uses subject to: 
   1. the provisions of subsection 173(3) (By-law 2008-341)
      community centre
      day care(By-law 2016-134)
      sports arena (By-law 2008-341)
      urban agriculture, see Part 3, Section 82 (By-law 2017-148) 
      emergency service
      library
      municipal service centre
      park
      recreational and athletic facility
      retail food store, limited to a farmers’ market
   2. Where an outdoor farmers’ market is located on a lot with another use, the primary or subzone provisions do not apply and the farmers’ market may only by located in a: 
      1. parking lot;
      2. yard abutting a parking lot; and,
      3. front or corner side yard;      
         associated with the other use. (By-law 2016-134)
2. The following conditional use is permitted subject to:
   1. the provisions of subsection 173(3), and
   2. the use being ancillary to a place of worship or community centre, and
   3. the use occupying a maximum of 30% of the gross floor area of the building in which it is located, or if the use is located in the basement of a place of worship or community centre, the entire basement may be so used.
      community health and resource centre
      (By-law 2008-341)

Zone Provisions

3. The zone provisions are set out in Table 173 below. (By-law 2008-341)

4. For other applicable provisions, see Part 2-General Provisions, Part 3-Specific Use Provisions and Part 4-Parking, Queuing and Loading Provisions. (By-law 2008-341)

Section 174 - L1 Subzones

In the L1 Zone, the following subzones apply:

L1A Subzone

1. In the L1A Subzone, the following use is also permitted:
   office

L1B Subzone

2. In the L1B Subzone, the following use is also permitted:
   cemetery

Purpose of the Zone

The purpose of the L2-Major Leisure Facility Zone is to:

1. accommodate major, urban City-wide sports, recreational and cultural facilities addressed under the Major Urban Facilities policies of the Official Plan;
2. permit a broad range and intensity of leisure, recreational, cultural and related uses; and
3. allow a moderate density and scale of development.

Section 175

In the L2 Zone:

Permitted Uses

1. The following uses are permitted subject to:
   1. the provisions of subsection 175(2).
      amusement park
      community centre​
      community health and resource centre
      day care
      fairground
      golf course
      library
      museum
      park
      place of assembly
      recreational and athletic facility
      retail food store, limited to a farmers’ market (By-law 2016-134)
      school
      sports arena
      theatre
      urban agriculture, see Part 3, Section 82 (By-law 2017-148)
   2. the following use is permitted only in association with amusement park, library, sports arena and theatre:
      drive-through facility (OMB Order #PL080959 issued March 18, 2010)
   3. Where an outdoor farmers’ market is located on a lot with another use, the primary or subzone provisions do not apply and the farmers’ market may only by located in a:
      1. parking lot;
      2. yard abutting a parking lot; and,
      3. front or corner side yard;
         associated with the other use.  (By-law 2016-134)          

Zone Provisions

2. The zone provisions are set out in Table 175 below.

3. For other applicable provisions, see Part 2- General Provisions, Part 3- Specific Use Provisions and Part 4-Parking, Queuing and Loading Provisions.

Section 176 - L2 Subzones

In the L2 Zone, the following subzones apply:

L2A Subzone - Nepean Sportsplex

1. In the L2A Subzone, the provisions set out in Table 176 below apply.

L2B Subzone - Central area facilities

2. In the L2B Subzone,
   1. the following additional uses are permitted:
      restaurant
      retail store 
   2. Table 175 does not apply.

L2C Subzone - Lansdowne

3. In the L2C Subzone,
   1. The following uses are permitted provided they are located on the same lot as a permitted use listed under subsection 175(1):
      Non-residential Uses:
      amusement centre(OMB Order #PL101256 issued June 15, 2011)
      animal care establishment
      animal hospital
      artist studio
      bank
      bank machine
      bar
      catering establishment
      cinema with a maximum of 10 theatres 
      convenience store
      farmers’ market (OMB Order #PL101256 issued June 15, 2011)
      home-based business, see Part 5, Section 127
      home-based day care, see Part 5, Section 129
      hotel
      instructional facility
      medical facility
      municipal service centre
      night club
      office
      below grade parking garage (OMB Order #PL101256 issued June 15, 2011)
      payday loan establishment (By-law 2017-302)
      personal brewing facility (By-law 2019-41)
      personal service business
      post office
      production studio
      research and development center
      residential care facility (By-law 2012-349)
      restaurant
      retail food store
      retail store
      service and repair shop
      training centre  

      Residential Uses:
      dwelling units, as per (e), (f), and (g) below (OMB Order #PL101256 issued June 15, 2011)
      retirement home

   2. Non-residential uses listed under subsection 176(3)(a) and located outside of buildings designated under the Ontario Heritage Act are limited to a total cumulative gross leasable floor area (GLFA) of 33,450 sq. m. (OMB Order #PL101256 issued June 15, 2011)
   3. A further total cumulative GLFA of 9,300 sq m may be occupied by Office uses provided these are located within a building designed predominately as an office building fronting onto Bank Street. (OMB Order #PL101256 issued June 15, 2011)
   4. In the L2C Subzone a building is considered to front onto a public street when any wall of that building faces a public street and no part of that wall is separated from that public street by another building. (OMB Order #PL101256 issued June 15, 2011)
   5. The maximum number of dwelling units permitted is 280. (OMB Order #PL101256 issued June 15, 2011)
   6. Residential uses are only permitted in buildings either fronting directly onto Holmwood Avenue or fronting directly onto Bank Street. (OMB Order #PL101256 issued June 15, 2011)
   7. Buildings fronting directly onto only Holmwood Avenue that are located within the area shown on Schedule 258-A where building heights are limited to 12 m may only be used for residential purposes. More specifically, these buildings must comprise dwelling units oriented to and facing Holmwood Avenue in the form of detached dwellings, semi-detached dwellings, townhouse dwellings and/or stacked dwellings located above a below grade parking structure and no other uses except landscaped open space and a driveway access to the below grade parking structure are permitted in this area. (OMB Order #PL101256 issued June 15, 2011) (By-law 2012-334)
   8. An open space area measuring a minimum 6 m by 6 m to be used for hard surface landscaping as part of the public realm accessible to the public shall be provided adjacent to the Holmwood Avenue property line and behind the Bank Street façade of a building at the southeast corner of Bank Street and Holmwood Avenue. (OMB Order #PL101256 issued June 15, 2011)
      The building located at the southeast corner of Bank Street and Holmwood Avenue shall have a maximum of 12 storeys comprising of a 2 storey commercial and retail podium with 10 storeys of residential dwelling units above. (OMB Order #PL101256 issued June 15, 2011)
   9. Commercial buildings located adjacent to that area of the lot where the only permitted uses are residential as set out in (g) shall not be permitted to accommodate in whole or part a nightclub and shall not be permitted to have any rooftop commercial outdoor patios. (OMB Order #PL101256 issued June 15, 2011)
   10. For buildings fronting onto Bank Street the ground floor, excluding lobby areas for upper floor uses must accommodate one or more permitted non-residential uses. (OMB Order #PL101256 issued June 15, 2011)
   11. Table 175 does not apply. (OMB Order #PL101256 issued June 15, 2011)
   12. Minimum required setbacks are as follows:
       1. from a lot line abutting Bank Street: 3m;
       2. from a lot line abutting Holmwood Avenue: 3 m to be used only as a landscaped front yard. The 3 m setback does not apply to buildings designated under the Ontario Heritage Act; and
       3. from a lot line abutting the Queen Elizabeth Driveway and as set out on Schedule 258-A: 7.5 m except for small scale pavilion buildings accommodating uses that are accessory to uses in the L2C subzone or are are ancillary to and/or associated with the urban park and in accordance with the Urban Park Programming Plan that is to be developed and approved by the City as set out in the conditions of site plan approval given by Council on November 22, 2010. . (OMB Order #PL101256 issued June 15, 2011)
   13. Maximum permitted building heights: as set out on Schedule 258-A and Schedule 258-B. (OMB Order #PL101256 issued June 15, 2011).
   14. Section 101, Table 101 and Section 104 do not apply and in the L2C Subzone the minimum required total number of parking spaces for all residential and non-residential uses in both the L2C subzone and adjacent O1S subzone is 1230, and, (OMB Order #PL101256 issued June 15, 2011)
       1. a minimum of 1200 of these parking spaces must be located below grade parking garage in the L2C subzone and to provide greater specificity, no at grade or above grade parking garage, which are not permitted uses in the L2C subzone, shall be established; (OMB Order #PL101256 issued June 15, 2011)
       2. required parking for each residential use must be calculated at a minimum rate of 0.5 spaces per dwelling unit; and,
       3. despite clause 100(1)(a) all of the parking spaces not set aside for residential uses may be shared amongst all the non-residential uses on the lot in both the L2C and O1S subzones. (OMB Order #PL101256 issued June 15, 2011)
   15. Section 113 does not apply and loading space requirements will be determined through Site Plan Control Approval. (OMB Order #PL101256 issued June 15, 2011)
   16. The only driveway permitted to provide vehicular access from Holmwood Avenue is to provide access to a below grade parking garage. No other vehicular access points, except to allow for emergency access by emergency vehicles, is permitted off Holmwood Avenue. (OMB Order #PL101256 issued June 15, 2011)
   17. The only vehicles permitted to access and egress the below grade parking garage from Holmwood are limited to vehicles using the below grade residential parking.
       In addition, up to 300 public parking spaces located in a controlled access area in the below grade parking garage and associated exclusively with commercial and retail uses may exit the below grade parking onto Holmwood during a major stadium, arena and/or urban park event (defined as a minimum 15,000 person capacity event) and for a maximum three hour period prior to and after such an event with this operational requirement being set out in the Site Plan Agreement associated with the redevelopment of the lands. (OMB Order #PL101256 issued June 15, 2011)
   18. No vehicles associated with stadium, arena or other events at Lansdowne shall be permitted to access the site from Holmwood Avenue or to exit the site onto Holmwood Avenue. (OMB Order #PL101256 issued June 15, 2011)
   19. Uses for the Horticulture building are limited to uses permitted by Section 175, uses accessory or ancillary to uses and activities within the adjacent O1S subzone and the following additional uses permitted in the L2C subzone provided such uses are supportive and complementary so as to be compatible with both the activities and uses within the O1S and L2C subzones:
       artist studio(OMB Order #PL101256 issued June 15, 2011)
       farmers’ market
       instructional facility
       municipal service centre
       office
       production studio
       restaurant
       retail food store
       retail store
       service and repair shop
       training centre
   20. Lands within the L2C subzone and adjacent O1S subzone shall be considered one lot for by-law purposes. (OMB Order #PL101256 issued June 15, 2011) By-law 2010-329) (By-law 2010-314):

Purpose of the Zone

The purpose of the L3-Central Experimental Farm Zone is to:

1. allow a range of uses on land designated as Agricultural Research Area in the Official Plan that will help to support and conserve the cultural, scientific and historical value of the Central Experimental Farm for present and future generations.

Section 177

In the L3 Zone:

Permitted Uses

1. The following uses are permitted subject to: 
   1. the provisions of subsection 177(2);
      agricultural use
      environmental preserve and education area
      experimental farm and ancillary offices
      museum limited to agricultural museum
      on-farm diversified use, limited to a place of assembly, see Part 3, Section 79 (By-law 2019-41)
      park limited to agricultural research
      research and development centre​
      urban agriculture, see Part 3, Section 82 (By-law 2017-148)

Zone Provisions

2. The zone provisions are set out in Table 177 below.

3. For other applicable provisions, see Part 2-General Provisions, Part 3- Specific Use Provisions and Part 4-Parking, Queuing and Loading Provisions.

Purpose of the Zone

The purpose of the O1-Parks and Open Space Zone is to:

1. permit parks, open space and related and compatible uses to locate in areas designated as General Urban Area, General Rural Area, Major Open Space, Mixed Use Centre, Village, Greenbelt Rural and Central Area as well as in Major Recreational Pathway areas and along River Corridors as identified in the Official Plan, and
2. ensure that the range of permitted uses and applicable regulations is in keeping with the low scale, low intensity open space nature of these lands.

Section 179

In the O1 Zone:

Permitted Uses

1. The following uses are permitted subject to:
   1. the provisions of subsection 179(2).
      environmental preserve and education area see Part 3, Section 82 (By-law 2017-148)
      park
      urban agriculture,
   2. a retail food store, limited to a farmer’s market is a permitted use in the O1A, O1B, O1D, O1E, O1F, O1G, O1H subzones, subject to:
      1. no building or structure other than one farmer’s market stand is permitted;
      2. the farmer’s market stand is not subject to the primary or subzone provisions, however the maximum height is 3.5 metres and the maximum size of the farmer’s market stand is 28 square metres, and;
      3. a farmer’s market stand may only be located in a parking lot or in a front or corner side yard. (By-law 2016-135)          

Zone Provisions

2. The zone provisions are set out in Table 179 below.

3. For other applicable provisions, see Part 2- General Provisions, Part 3 -Specific Use Provisions and Part 4-Parking, Queuing and Loading Provisions.
4.  
   1. Despite any provisions to the contrary the minimum required front yard setback or minimum corner side yard setback for a park building may be reduced in the following instances:
      1. Where located on a lot that abuts a residential zone on the same street, the minimum front yard setback of the abutting residential zone may be used as the minimum front yard or minimum corner side yard setback of the park building, where the park building facing the same street as that abutting residential zone;
      2. Where located on a lot that abuts two different residential zones on the same street, the minimum front yard setback of the abutting residential zone with the smaller minimum required front yard setback may be used as the minimum front yard setback or minimum corner side yard setback of the park building, where the park building is facing the same street as that abutting residential zone;
      3. Where located on a lot that does not abut a residential zone on the same street the minimum corner side yard setback and minimum front yard setback may be 3m.    
   2. Subsection 139(3) does not apply in the application of subsection 179(4). (By-law 2018-155)            

Section 180 - O1 Subzones

In the O1 Zone, the following subzones apply:

O1A Subzone

1. In the O1A Subzone, the following use is also permitted:
   golf course

O1B Subzone

2. In the O1B Subzone, the following uses are also permitted:
   community centre
   sports arena

O1C Subzone

3. In the O1C Subzone, the following use only is permitted:
   park

O1D Subzone

4. In the O1D Subzone, the following uses are also permitted:
   community centre
   museum
   library

O1E Subzone

5. In the O1E Subzone,
   1. the following uses are also permitted:
      museum
      parking garage
      parking lot
      recreational and athletic facility
   2. no setbacks are required.

O1F Subzone

6. In the O1F Subzone,
   1. the following uses are also permitted:
      cemetery
      fairground
      golf course
      sports arena
   2. no setbacks are required.

O1G Subzone

7. In the O1G Subzone, the following use is also permitted:
   municipal service centre

O1H Subzone

8. In the O1H Subzone, the following use is also permitted:
   marine facility limited to a boating club
   recreational and athletic facility

O1I Subzone

9. In the O1I Subzone,
   1. the following use is also permitted:
      restaurant
   2. Section 56 does not apply.

O1J Subzone

10. In the O1J Subzone,
    1. the following use is also permitted:
       theatre
    2. no parking is required for a theatre.

O1K Subzone

11. In the O1K Subzone, the following use is also permitted:
    cemetery

O1L Subzone

12. In the O1L Subzone, the following use is also permitted:
    marine facility

O1M Subzone

13. In the O1M Subzone, the following use is also permitted:
    restaurant, full service

O1N Subzone

14. In the O1N Subzone, the following uses are also permitted:
    parking garage
    parking lot

O1O Subzone - Trans Canada Pipeline Subzone

15. In the O1O Subzone,
    1. the following uses only are permitted:
       agricultural use, see Part 2, Section 62
       environmental preserve and education area
       on-farm diversified use, see Part 3, Section 79A (By-law 2019-41) (By-law 2021-222)
       utility installation limited to a high pressure natural gas pipeline and compressor station; and
    2. lands abutting the O1O Subzone are subject to the setback provisions outlined in Section 72.

O1P Subzone - Hydro Corridor Subzone

16. In the O1P Subzone,
    1. the following uses are also permitted:
       accessory use to a permitted use on land immediately abutting an O1P subzone subject to the provisions of subsection 16(b)
       agricultural use, see Part 2, Section 62 (By-law 2013-224)
       on-farm diversified use, see Part 3, Section 79 (By-law 2019-41) (By-law 2021-222)
    2. An accessory use to a permitted use on land immediately abutting an O1P subzone is permitted provided:
       1. the use is wholly contained within a radius of 120 metres from the abutting property to which that use is accessory;
       2. the use complies with the provisions in this by-law for the abutting zone as though that use were an accessory use to the permitted use on the abutting property; and
       3. no building is allowed under these provisions. (By-law 2013-224)         

O1Q Subzone - Waterfront Access Point Subzone

17. In the O1Q Subzone
    1. the following use only is permitted:
       park limited to open space only; and
    2. no buildings are permitted and only structures such as a boat launch, dock, walkway, stairs, fence, retaining wall, information signage, standpipe or other similar structure providing for local access and service are permitted.       

O1R Subzone

18. In the O1R Subzone, the following uses only are permitted:
    environmental preserve and education area
    forestry operation     

O1S Subzone – Lansdowne

19. In the O1S subzone,
    1. the following additional uses are permitted:
       stormwater management facility to serve lands located within both the O1S and L2C subzones;
       temporary surface loading and temporary surface parking to support temporary uses, activities and/or events within both the O1S and L2C subzones provided areas for temporary loading and temporary parking are not designed specifically for this purpose and that no at grade or above grade parking garage, which are not permitted uses in the O1S subzone, be established;
       shuttle bus drop off and pick up to support uses and activities within both the O1S and L2C subzones; and
       ancillary and accessory uses to the L2C subzone in accordance with the Urban Park Programming Plan that is to be developed and approved by the City as set out in the conditions of site plan approval given by Council on November 22, 2010.
    2. Uses permitted by Section 175 and uses accessory or ancillary to uses and activities within the adjacent L2C subzone that are complementary and supportive so as to have a compatible relationship with either or both the activities and uses within the O1S and L2C subzones are permitted for the Aberdeen Pavilion.
    3. Buildings and structures are limited in height to the heights shown on Schedule 258-A.
    4. With the exception of the Aberdeen Pavilion, all accessory and ancillary uses located within buildings shall locate within buildings with no more than 1 storey that has a height for the storey of a maximum of 4 m with the roof of such building being within the 6 m height limit shown on Schedule 258-A.
    5. Notwithstanding Table 179, small scale pavilion buildings accommodating non-residential uses that are ancillary to and/or associated with the urban park as set out in (a) and (d) may be located within the required 7.5 m setback from the Queen Elizabeth Driveway.
    6. Elements that are public art elements are exempt from the height limits shown on Schedule 258-A and the height limits set out in Section 55 for accessory structures.
    7. Lands within the O1S subzone and adjacent L2C subzone shall be considered one lot for by-law purposes. (OMB Order #PL101256 issued June 15, 2011)