Subverting By-Laws
The following section dives into the impact policy has on built form. How they are spatially and materially manifested and how they create process path dependencies which further constraint physical possibilities. In response, a new zoning by-law was written to strategically dismantle many of these constraints and give suburban residents greater agency.
The Legacy of Zoning By-Laws
Image taken from Chow, R. (2005) Ossified Dwelling: Or Why Contemporary Suburban Housing Can't Change [Case Studies], Places , 17(2)
Architects’ Purview
Former City of North York Zoning By-Law NO. 7625
City of Toronto Consolidated Zoning By-Law NO. 569-2013
Proposed Amendment to City of Toronto By-Law NO. 569-2013
The following is a speculative proposed amendment to the City of Toronto Zoning By-Law, By-Law NO. 569-2013. The Zoning By-Law consolidated the separate zoning by-laws of the City of Toronto’s former municipalities into a unified framework. These former municipalities were: East York and Leaside, Etobicoke, North York, former City of Toronto, Scarborough, and York (not to be confused with York Region). The proposal introduces a new zoning designation, Residential Conversation or the RC Zone, to be applied to existing residential zones within the City of Toronto.
Chapter 10 Residential
10.90 Residential Conservation
10.90.1 General
10.90.20 Permitted Use
10.90.30 Lot Requirement
10.90.40 Principal Building Requirements
10.90.60 Ancillary Buildings and Structures
10.90.80 Parking
10.90.1 General
10.90.1.10 Interpretation
(1) Application of this section: This regulation in section 10.90 can be applied to any land parcels in on which a lawful building within the R Zoning, has stood for more than twenty years, and contains at least one dwelling unit.
(2) No vacant lot, or R Zone land parcel, that does not contain a lawful building can be converted into a RC Zone.
(3) No new land parcels, or parcels created by the subdivision of an existing parcel of any Zone, can be converted into a RC Zone.
(4) Two or more RC Zone land parcels may be assembling into a single lot and maintain their RC Zone status.
(5) RC Zone land parcels can be subdivided, but must adhere to the Zoning By-Laws of the previous Zone which governed the parcel which is being subdivided.
10.90.20 Permitted Use
10.90.20.10 Permitted Use
(1) Use – RC Zone. In the RC Zone, dwelling units are required to be contained within a residential building type outlined in Article 10.90.20.40
(2) Demolition: In the RC Zone, lawfully existing residential buildings as outlined in Article 10.90.1.10(1) and Article 10.90.20.40 must be conserved under the following conditions:
(A) 75% of the gross area of all exterior main walls must be maintained.
(i) the structural integrity and functionality of all exterior main walls must be maintained.
(ii) the exterior façade of main walls is permitted to be covered or replaced for the sole purpose of a deep energy retrofit.
(B) enlargement of doors, windows, or other openings within an existing main walls can not exceed the maximum aggregate area of glazed openings as defined by the limiting distances outlined in Article 9.10.14 and Article 9.10.15 in the Ontario Building Code, O.Reg. 139/17.
(C) the roof structure is permitted to be demolished as part of the process of erecting an additional storey adhering to Article 10.90.40.10.
(3) Exemption for Demolition: In the RC Zone, demolition of lawfully existing residential buildings is permitted under the following conditions:
(A) a lawfully existing residential building which solely occupies a lot can be fully demolished if it has been condemned due to life-safety concerns.
(B) for the purpose of introducing higher dwelling density, the following criteria must all be fulfilled:
(i) a minimum of two land parcels are assembling into a single lot;
(ii) providing a minimum number of dwelling units equal to, or exceeding, three times the aggregate number of dwelling units previously occupying the assembled lot;
(iii) only the residential building types outlined in Article 10.90.20.40(1) are permitted;
(iv) newly constructed dwelling units have a minimum width of 5.0m;
(v) newly constructed residential buildings do no exceed the height requirement outlined in Article 10.90.40.10;
(vi) a minimum of one parking space is provided per newly constructed dwelling unit.
(C) a lawfully existing residential building can be demolished for the purpose of creating open space in the form of a park or other recreational space, according to Zone O or Zone OR, as outlined in Chapter 90.
10.90.20.20 Permitted Use
(1) Home Occupation Uses Not Permitted. – RC Zone. The following uses are not permitted in the RC Zone.
Vehicle Repair Shop, Vehicle Service Shop, or Vehicle Washing Establishment
Industrial Manufacturing
Machining
Material Refinement
(2) Home Occupation – RC Zone. The following occupations are permitted in the RC Zone if they comply with the specific conditions associated with the reference number(s) for each use in Clause 10.90.20.100:
Group Home (1)
Rooming House (2)
Secondary Suite (3)
Private Home Daycare (4)
Retail Space (5)
Education (6)
(A) Kindergarten to Grade 12 Academic Tutor
(B) Music Teacher
(C) Dance Instructor
Personal Service Shop (7)
(A) Barber or Hairdresser
(B) Cosmetologist
(C) Esthetician
Healthcare Office (8)
(A) Doctor
(B) Psychologist, Psychiatrist, or Counsellor
(C) Dentist
(D) Chiropractor
(E) Physiotherapist
(F) Massage Therapist
Consultation Office (9)
(A) Financial, Accounting, or Tax Consultation
(B) Office Belonging to Member of a Professional Order
(C) Designer or Design Consultant
(D) Media or Public Relations Consultant
Light Manufacturing (10)
(A) Carpentry and Wood Working
(B) Welding and Metal Fabrication
(C) Digital Manufacturing
(D) Dressmaker, Tailor, or Seamstress
(E) Sign or Screen Printing
Food Preparation (11)
(A) Bakery
(B) Catering
(C) Delicatessen or Deli
(D) Bar or Pub
10.90.20.40 Permitted Building Types
(1) Permitted Residential Building Types – RC Zone. In the RC Zone, a dwelling unit(s) is permitted within the following residential building types:
(A) Detached House
B) Semi-Detached House
(C) Townhouse
(D) Duplex
(E) Triplex
(F) Low Rise Multi-Unit Building
(G) Ancillary Dwelling Structure
(H) Vehcile, provided it meets all of the following requirements:
(i) it is safely reseting on blocking, and unable to move;
(ii) has running water and full washroom facilities;
(iii) is insulted and heated.
10.90.20.100 Conditions
(1) Group Home: A group home in the R zone must comply with the specific use regulations in Section 150.15.
(2) Rooming House: A rooming house in the R zone must comply with the specific use regulations in Section 150.25
(3) Secondary Suite: A secondary suite in the R zone must comply with the specific use regulations in Section 150.10
(4) Private Home Daycare: A children's play area for a private home daycare in the R zone:
(A) must be fenced; and
(B) may not be located in the front yard or a side yard abutting a street.
(5) Retail Space: A retail space in the RC Zone is permitted provided:
(A) is operated by the owner of the property
(B) it does not exceed 50% of the ground floor area.
(C) has a fire separation not less than two hours from the dwelling unit and adjacent buildings.
(D) has less than two employees who do not resident on the property.
(E) has no more than 10 occupants at a time.
(F) provided parking adhering to the regulations in Section 200.5.10
(G) it only receives deliveries from vehicles within the “G” Classification of the Ministry of Transport of Ontario.
(6) Education: An educational use in the RC Zone may permit no more than five students or pupils on the property at a time.
(A) is operated by the owner of the property
(B) music or dance instruction may only occur in a detached house, or auxiliary structure.
(7) Personal Service Shop: A personal service shop in the RC Zone is permitted provided:
(A) is operated by the owner of the property
(B) it does not exceed 30% of the ground floor area.
(C) is constructed as a separate unit from the dwelling space.
(D) has less than two employees who do not resident on the property.
(E) has no more than 5 customers or clients at a time.
(F) provided parking adhering to the regulations in Section 200.5.10
(G) it only receives deliveries from vehicles within the “G” Classification of the Ministry of Transport of Ontario.
(8) Healthcare Office: a healthcare office in the RC Zone is permitted provided:
(A) is operated by the owner of the property, with no additional employees
(B) it does not exceed 30% of the ground floor area.
(C) is constructed as a separate unit from the dwelling space.
(D) does not offer emergency services.
(E) does not conduct any type of surgery or procedure requiring anesthetic.
(F) does not operate any radiology equipment on the premise.
(G) serves no more than one patient at a time.
(9) Consultation Office: a consultation office in the RC Zone is permitted provided:
(A) is operated by the owner of the property
(B) it does not exceed 30% of the ground floor area.
(C) is constructed as a separate unit from the dwelling space, if employing individual(s) who do not resident on the property.
(D) has less than two employees who do not resident on the property.
(E) receives only one client at a time.
(10) Light Manufacturing: light manufacturing in the RC Zone is permitted provided:
(A) is operated by the owner of the property
(B) it does not exceed 50% of the ground floor area.
(C) has a fire separation not less than two hours from the dwelling unit and adjacent buildings.
(D) is located within an auxiliary structure if employing individual(s) who do not resident on the property.
(E) has less than two employees who do not resident on the property.
(F) receives only one client at a time.
(G) it only receives deliveries from vehicles within the “G” Classification of the Ministry of Transport of Ontario.
(11) Food Preparation: food preparation is permitted in the RC Zone Provided:
(A) is operated by the owner of the property
(B) it does not exceed 50% of the ground floor area.
(C) has a fire separation not less than two hours from the dwelling unit and adjacent buildings.
(D) has less than two employees who do not resident on the property.
(E) does not provide any form of indoor dining area.
(F) has no more than 10 occupants at a time.
(G) it only receives deliveries from vehicles within the “G” Classification of the Ministry of Transport of Ontario.
10.90.30 Lot Requirements
10.90.30.10 Lot Area
(1) Minimum Lot Area: no minimum lot area is required. Minimum requirements for lot size are determined by the previous Zone which governed the lot.
10.90.30.20 Lot Frontage
(1) No minimum lot frontage is required. Minimum lot frontage requirements are determined by the previous Zone which governed the lot.
(2) If a RC Zone land parcel is divided, the resulting land parcels require the following:
(A) lot frontage directly onto a street for every lawfully existing building containing a dwelling unit(s).
(B) lot frontage as determined by the previous Zone which governed the lot.
(C) lot frontage not less than 4m.
10.90.40 Principal Building Requirements
10.90.40.1 General
(1) Application of this article: The regulations in Article 10.90.40 apply to buildings or structures within the RC Zone, including ancillary buildings or structures, regardless of whether they contain a dwelling unit.
(2) Number of Buildings on a Lot: A maximum of three buildings, including ancillary buildings, structures, and stationary vehicles are permitted on a lot in the RC Zone.
(3) Number of Dwellings on a Lot: A maximum of three dwelling units is permitted on a lot in the RC Zone.
(4) Minimum Width of a Dwelling Unit: In the RC Zone, the minimum required width of a dwelling unit is:
(A) 5.0m within an existing lawful residential building
(B) 2.6m within a newly constructed ancillary building containing a dwelling unit.
(5) Building Orientation to Street: In the RC Zone, a building or an addition which is not attached to the original building is permitted if:
(A) at least one of the buildings has frontage onto the street.
(B) all buildings have at least two egress paths from their interior to the street.
(C) all buildings have at least one exterior pathway not less than 1.2m from the street.
10.90.40.10 Height
(1) Maximum Height: The permitted maximum height of a residential building types listened in Article 10.90.20.40 in the RC Zone is 14.0m above the existing established grade.
(A) Additions or expansions to lawfully existing residential buildings must adhere to the maximum height permitted by Article 10.90.40.10(1)
(2) Maximum Height of Specific Pairs of Main Walls: In the RC Zone, a maximum of 40% of all main walls is permitted to reach a maximum height of 10.0m above the existing established grade, or 4.0m below the maximum height in Article 10.90.40.10(1).
(3) Maximum Number of Storeys: The permitted maximum number of stories within the RC Zone three full stories above the established grade.
(A) storey(s) in which the midpoint of the interior wall is below the average perimeter grade are not included within the number of stories.
(B) landscaping or excavation around the perimeter of lawfully existing buildings for the purpose adding or increasing the size of openings is permitted and is not considered changing the established grade, provided:
(i) it is less than 25% of the perimeter of the existing building and does not exceed 1.5m from the existing face of the main wall(s).
(C) landscaping or excavation which exceeds the requirements outlined in Clause 10.90.40.10(B)(i) require redefinition of the existing grade on the lot for the purpose of establishing the maximum height requirements.
(4) Width of Dormers in a Roof Above a Second Storey or Higher: In the RC Zone, on a residential building with two or more stories, the exterior sides of a dormer are considered part of the main wall, and subject to restrictions outlined in Article 10.90.40.10(2).
(A) The exterior sides are dormers are not considered part of the main wall if they are set back from the face of the main wall by 1.0m or more.
(5) Height of Specific Structures on a Building: In the RC Zone, despite regulations 10.90.40.10(1)(2), the following structures on the roof of a residential building may exceed the maximum height by 5.0m.
(A) Antennae
(B) Flagpoles
(C) Satellite Dish
(D) Solar Panels
(6) Height of Rooftop Amenity Space Safety and Wind Protection: In the RC Zone, unenclosed structures providing safety or wind protection to a rooftop amenity space may not exceed a maximum permitted height of 13.0m above established grade.
(A) structures provided safety or wind protection are not considered part of the main wall as per Article 10.90.40.10(2).
(B) the level of rooftop amenity space may not exceed 10.0m above established grade.
10.90.40.30 Building Depth
(1) Maximum Building Depth: In the RC Zone, no limitations are placed on the depth of a building, including any additions or expansions, but must adhere to the following requirements:
(A) Section 9.9: Means of Egress, in the Ontario Building Code, O.Reg. 139/17.
10.90.40.40 Floor Area
(1) In the RC Zone, the permitted maximum floor space index is 1.5.
(2) In the RC Zone, the permitted maximum lot coverage is 70%.
(3) In the RC Zone, the required minimum landscaping coverage is 30%, and must adhere to Article 10.90.40.60
(4) In the RC Zone, all flat roofs that do no provide outdoor amenity space are required to be green roofs.
10.90.40.50 Decks, Platforms and Amenities
(1) Deck, platforms, and other amenity spaces with non-permeable or hard landscaping are considered part the maximum lot coverage as outlined by Article 10.90.40.40(2).
10.90.40.60 Landscaping
(1) The minimum landscaping coverage exclusively includes permeable, soft landscaping.
(2) Non-permeable and hard landscape coverage are not considered landscaping and are counted towards the maximum lot coverage.
(3) Green Roofs or Living Roofs are considered permeable and couted toward minimum lot overage.
(4) Naturalized lawns are permitted in the RC Zone.
(A) there are no restrictions on vegetation height.
(B) all properties within the RC Zone are protected from municipal orders to cut or trim vegetation.
10.90.40.70 Setbacks
(1) In the RC Zone, all existing setback established by the previous Zone governing the lot are abolished.
(2) Any additions, extensions, or erections of new buildings or structures on the parcel must adhere to Regulation 10.90.40.80.
10.90.40.80 Separations
(1) In the RC Zone, all lawfully existing and new buildings, additions, extensions, or structures on the parcels must adhere to the following regulations:
(A) must adhere to all regulations within the Ontario Building Code, O.Reg 139/17.
(B) must adhere to all regulations within the Ontario Fire Code, O.Reg 213/07.
(C) is not permitted to encroach upon the limiting distance of building faces for lawfully existing buildings and structures as outlined by Article 9.10.14 and Article 9.10.15 in the Ontario Building Code O.Reg. 139/17.
(2) The regulations outlined in Article 10.90.40.80(1) must respect all buildings and structures on adjacent lots, regardless of Zone.
10.90.60 Ancillary Buildings
10.90.60.1 General
(1) Application of Article: The regulations in Article 10.90.60 apply to all secondary residential buildings containing at least one dwelling unit, ancillary buildings, or structures in the RC Zone.
10.90.60.10 Height
(1) All buildings or structures location in the RC Zone including secondary residential buildings containing at least one dwelling unit, ancillary buildings, or structures have a maximum permitted height of 10.0m.
(A) lawfully existing residential buildings outlined in Article 10.90.20 are exempt from Article 10.90.60.10(1).
10.90.60.20 Setbacks
(1) Any new buildings or structures erected in the RC Zone must adhere to the regulations outlined in Article 10.90.40.80.
10.90.60.70 Lot Coverage
(1) Any new buildings or structured erected in the RC Zone must adhere to the regulations outlined in Article 10.90.40.40.
10.90.80 Parking
10.90.80.1 General
(1) Minimum Number of Parking Spaces: In the RC Zone, a minimum of two parking spaces must be provided on the lot, unless:
(A) overnight municipal street parking is permitted
(B) shared or communal parking is provided.
(2) Multiple Dwelling Units in the RC Zone: If a lot contains more than one dwelling unit, a minimum of one parking space per unit must be provide on the lot.
(3) Conversion of a Parking Space in a Building to Habitable Space: A parking space located inside a lawfully existing residential building on a lot in the RC zone may be converted to habitable space and no further parking space(s) is required if:
(A) the residential building contains only one dwelling unit.
(B) the required parking space(s) is in a building type listed in Article 10.90.20.40(1)
(C) the driveway leading to the former vehicle entrance in the building is maintained to function as parking space(s).
10.90.80.40 Access to Parking
(1) Parking spaces on a property must be accessed by a driveway connected to the lot frontage, unless:
(A) on a corner lot, access is permissible through either the lot frontage, flanking street, or laneway.
(B) on lots accessing a rear laneway, the laneway must provide access to the parking space.
(2) When shared or communal parking in provided. It must be within 10 minute walking distances of the dwelling.