OMB Releases Decision on Low-Rise Regulations
On March 1, 2018 the Ontario Municipal Board (the “Board”) released a decision on the low-rise regulations (Chapter 10) of the Toronto Zoning By-Law 569-2013. A copy of the Decision is available here.
A number of regulations that are often the subject of minor variance applications were changed, or will be changed, as a result of the Decision.
The Board did two things:
First, it ordered that a number of regulations be reviewed, and revised pursuant to its direction. These regulations are mostly related to the way height is calculated – so that it is more consistent with the old by-law standards. It also includes review of dormer width, some parking provisions, and the definition of basement and first floor. A focus for the review is on provisions that have led to difficulties building on lots less than 12 metres. Click here for Table of Regulations Undergoing Further Review
Second, the Board ordered that a number of regulations be approved or approved as modified. Approved provisions relate generally to the categories of:
• Height – Roof slope restrictions and height of Structures such as antennas and flagpoles
• Building Length and Depth – How to measure and maximums
• Gross Floor Area Calculations – How to calculate and when attics are included
• Setbacks and Separation – Minimum side yard setback and distance between Residential Buildings on the same lot
• Platforms – When platforms are permitted encroachments into setbacks, when platforms are exempt from lot coverage calculations, and that balconies are permitted to be within 0.2m of finished floor height instead of having to be the same.
• Ancillary Buildings – Where they are permitted, maximum height and size, and when setbacks or separation distances apply
• Parking – Where it is permitted and where the access is to come from
• Height of Structures on a Building – Includes mechanical elements