Part 6 - Commercial Zones. Refer to Article Exception Zones and Exception Zone Schedules

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1 6.2.4 C3 Exception Zones Refer to Article Exception Zones and Exception Zone Schedules Exception: C3-1 Map # 12, 13, 14, 19, 23, 25, 27, 35E, 35W, 40E, 46E, 49E, 50E, 53W, 59 By-law: In a C3-1 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) E2 uses contained in Subsection of this By-law, except: (1.1) Truck Terminal (1.2) Waste Processing Station (1.3) Waste Transfer Station (1.4) Composting Facility Regulation Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Revised: 2016 December 31 Page ~ 1

2 Exception: C3-2 Map # 12 By-law: In a C3-2 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Science and Technology Facility (2) Taxi or Courier Dispatching Centre (3) Repair Establishment (4) Live/Work Unit (5) Garden Centre (6) E2 uses contained in Subsection of this By-law, except: (6.1) Truck Terminal (6.2) Waste Processing Station (6.3) Waste Transfer Station (6.4) Composting Facility The provisions of Lines 1.0 to 3.0 contained in Table of this By-law shall not apply Maximum combined gross floor area - non-residential and gross floor area - live/work units Maximum gross floor area - non-residential for all restaurants, convenience restaurants and take-out restaurants Maximum gross floor area - non-residential used for all office uses Maximum gross floor area - live/work unit, includes all floor space of the live/work area identified on Schedule C3-2 of this Exception, measured from the exterior of outside walls, including any laundry facilities, storage lockers, elevators, hallways and indoor amenity areas m m m m Maximum number of live/work units A live/work unit shall only be permitted within the designated portion of the second floor of the building identified on Schedule C3-2 of this Exception The proprietor or principal occupant of the work component of a live/work unit shall be the principal occupant of the residential component of the live/work unit Minimum combined indoor amenity area for the live/work units that shall include but not be limited to, a party room and a fitness room 270 m Minimum required parking spaces per live/work unit "Live/work Unit" means a dwelling unit used for any purpose permitted by this Exception, and may include no more than one (1) bedroom, or other area containing furnishings to accommodate rest or sleeping, provided that the work area shall be separated at all times from the bedroom or other sleeping area by a permanent, solid and wall-to-wall partition All site development plans shall comply with Schedule C3-2 of this Exception Revised: 2015 October 31 Page ~ 2

3 Schedule C3-2 Map June 20 Page ~ 3

4 Exception: C3-3 Map # 04, 11 By-law: / OMB Order 2010 May 17, In a C3-3 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Use Not Permitted (1) Convenience Restaurant (1) Convenience restaurant legally existing on the date of passing of this By-law (2) Outdoor patio, accessory to a restaurant, take-out restaurant or convenience restaurant, legally existing on the date of passing of this By-law (3) Accessory outdoor garden centre (4) E2 uses contained in Subsection of this By-law, except: (4.1) Transportation Facility (4.2) Truck Terminal (4.3) Waste Processing Station (4.4) Waste Transfer Station (4.5) Composting Facility (4.6) Contractor Service Shop (4.7) Adult Entertainment Establishment (4.8) Body-Rub Establishment (4.9) Truck Fuel Dispensing Facility Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Maximum area used for an accessory outdoor garden centre m Minimum height of fencing or screening surrounding an accessory outdoor garden centre Outdoor storage of particulate materials such as but not limited to salt and sand shall be within enclosed containers, a structure with a minimum of three (3) sides and a roof, or otherwise covered 3.1 m Exception: C3-4 Map # 12, 19 By-law: In a C3-4 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Garden Centre (2) E2 uses contained in Subsection of this By-law, except: (2.1) Motor Vehicle Service Station (2.2) Motor Vehicle Wash Facility - Restricted (2.3) Motor Vehicle Repair Facility - Restricted (2.4) Motor Vehicle Rental Facility (2.5) Outdoor Storage (2.6) Truck Terminal (2.7) Waste Processing Station (2.8) Waste Transfer Station (2.9) Composting Facility (2.10) Transportation Facility Exception C3-4 continued on next page Revised: 2013 December 31 Page ~ 4

5 Exception: C3-4 Map # 12, 19 By-law: Exception C3-4 continued from previous page Use Not Permitted (1) Motor Vehicle Sales, Leasing and/or Rental Facility - Restricted Regulation Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Exception: C3-5 Map # 22 By-law: In a C3-5 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Outdoor patio accessory to a restaurant, convenience restaurant or take-out restaurant (2) Self Storage Facility An outdoor patio accessory to a restaurant, convenience restaurant or a take-out restaurant shall only be located between a building and a lot line abutting Burnhamthorpe Road West, Central Parkway West or Mavis Road A food store shall not be located within the shaded area identified on Schedule C3-5 of this Exception A self storage facility shall only be located within the hatched area on Schedule C3-5 of this Exception Revised: 2010 June 30 Page ~ 5

6 Schedule C3-5 Map June 20 Page ~ 6

7 Exception: C3-6 Map # 48E By-law: In a C3-6 zone the applicable regulations shall be as specified for a C3 zone except that the following uses/regulations shall apply: Permitted Uses Lands zoned C3-6 shall only be used for the following: (1) Retail Store (2) Accessory Outdoor Garden Centre Maximum gross floor area - non-residential m Maximum area of an accessory outdoor garden centre 150 m Required parking is permitted on the lands zoned G All site development plans shall comply with Schedule C3-6 of this Exception Schedule C3-6 Map 48E 2007 June 20 Page ~ 7

8 Exception: C3-7 Map # 48W By-law: In a C3-7 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Additional Permitted Use (1) Mobile Home Maximum number of mobile homes "Mobile Home" means a detached dwelling that is designed to be made mobile, and constructed and manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer otherwise designed Minimum number of parking spaces per mobile home Exception: C3-8 Map # 37W By-law: In a C3-8 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Additional Permitted Use (1) Garden Centre Exception: C3-9 Map # 24 By-law: , In a C3-9 zone the applicable regulations shall be as specified for a C3 zone except that the following uses/regulations shall apply: Permitted Uses Lands zoned C3-9 shall only be used for the following: (1) Overnight Accommodation (2) Apartment (3) Long-Term Care Building (4) Retirement Building (5) Accessory uses to overnight accommodation (6) Accessory uses to an apartment and retirement building (7) deleted The provision of Line 1.0 contained in Table of this By-law shall not apply The provisions contained in Subsection of this By-law shall not apply The provisions contained in Subsection of this By-law shall apply for any apartment, long-term care building or retirement building Maximum number of apartment dwelling units Maximum number of retirement dwelling units Maximum number of bedrooms - overnight accommodation Maximum gross floor area - non-residential used for overnight accommodation Exception C3-9 continued on next page m 2 Revised: 2017 November 30 Page ~ 8

9 Exception: C3-9 Map # 24 By-law: , Exception C3-9 continued from previous page Maximum floor space index - non-residential used for overnight accommodation Maximum gross floor area - apartment zone m Maximum floor space index - apartment zone Notwithstanding the provisions of Subsection , the maximum height of any building, structure or part thereof shall not exceed the height indicated on Schedule C3-9 excluding mechanical penthouses and shall be measured from the datum point of m above sea level for any apartment, long-term care building or retirement building Maximum encroachment of an uncovered or covered balcony and architectural features outside the building envelope Retaining walls, stairwells, air vents and canopies may encroach outside the building envelope Maximum height of retaining walls located between Buildable Area 'A' and the street line Accessory uses to overnight accommodation shall only include a restaurant, banquet hall, conference centre, hairdressing establishment, news stand, cigar and smoke shop, shoe repair shop, travel agency, motor vehicle rental facility - restricted, automatic banking machine, dry-cleaning depot, spa and recreational facility Accessory uses to an apartment and retirement building shall only include dining rooms, piano bar and games room associated with an outdoor terrace, putting green, health centre, crafts room, activity room, crafts kitchen, lounge, library, family room, movie theatre, beauty and spa rooms, recreational/exercise studios and a pool for the exclusive use of the residents of the apartment and retirement building Minimum number of resident parking spaces per condominium apartment dwelling unit Minimum number of visitor parking spaces per condominium apartment dwelling unit m 0.61 m Minimum width of an aisle 5.10 m Parking shall not be required for the following accessory uses to overnight accommodation: restaurant, hairdressing establishment, news-stand, cigar and smoke shop, shoe repair shop, travel agency, motor vehicle rental facility - restricted, automatic banking machine, dry-cleaning depot and recreational facility directly related to the function of overnight accommodation Parking structures shall be located entirely below grade The shaded area shown on Schedule C3-9 identified as 'Tree Preservation Area' shall only be used for landscape purposes and the preservation of existing trees and no buildings or structures of any kind, including accessory buildings, and no parking shall be erected or permitted within the tree preservation area All site development plans shall comply with Schedule C3-9 of this Exception except for parking Exception C3-9 continued on next page Revised: 2017 November 30 Page ~ 9

10 Exception: C3-9 Map # 24 By-law: , Exception C3-9 continued from previous page Holding Provision The holding symbol H is to be removed from Buildable Area 'B' of Exception C3-9 by further amendment to Map 24 of Schedule B contained in Part 13 of this By-law, as amended, upon satisfaction of the following requirements: (1) delivery of a geotechnical report satisfactory to the City and to the Credit Valley Conservation Authority; (2) registration of a heritage easement under the Ontario Heritage Act, and; (3) grant of whatever consent may be required under the Ontario Heritage Act as amended, by City Council. Schedule C3-9 Map 24 Revised: 2017 November 30 Page ~ 10

11 Exception: C3-10 Map # 37W By-law: In a C3-10 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Garden Centre (2) Accessory Motor Vehicle Repair Facility - Restricted Maximum gross floor area - non-residential used for an upper level racking system Maximum height of all materials stored and displayed in a garden centre Shared driveways and parking aisles are permitted with the abutting lands zoned C m m 2007 June 20 Page ~ 11

12 Exception: C3-11 Map # 37W By-law: , In a C3-11 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Garden Centre (2) Outdoor patio accessory to a restaurant or convenience restaurant (3) Motor Vehicle Retail Store Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Minimum setback to Mavis Road 7.5 m Maximum height of all materials stored and displayed in a garden centre Minimum height of fencing or screening surrounding an outdoor display and sales area of a garden centre Shared driveways and parking aisles are permitted with the abutting lands zoned C Motor vehicle parking and loading shall be provided in accordance with Table of this Exception or Part 3 of this By-law for uses not contained in Table of this Exception Mixed use development means a combination of any two (2) or more uses contained in Tables and of this Exception, of which retail uses include: retail stores, financial institutions, motor vehicle retail stores and motor vehicle repair facilities - restricted accessory to a motor vehicle retail store Where the use is a mixed use development, motor vehicle parking may be calculated in accordance with Tables and of this Exception, and the following: Table The initial step in determining required parking for a mixed use development is to calculate the parking requirement for each use in the development as if these uses were free-standing buildings. The parking requirement for each use is then multiplied by the percent of the peak period for each time period contained in Tables and of this Exception. Each column is totalled for weekday and weekend. The highest figure obtained from all time periods shall become the required parking for the mixed use development, and shall be applied to reduce the requirements specified under Sentence of this Exception Land Use Retail-Warehouse Column 1 Column 2 Motor Vehicle Repair Facility - Restricted accessory to a motor vehicle retail store Restaurant, Convenience Restaurant, Take-out Restaurant Exception C3-11 continued on next page 3.1 m 3.1 m Minimum Required Parking Standard 1.6 spaces per 100 m 2 GFA - non-residential 5.5 spaces per 100 m 2 GFA - non-residential of which 50% may be tandem parking spaces 5.4 spaces per 100 m 2 GFA - non-residential Revised: 2015 October 31 Page ~ 12

13 Exception: C3-11 Map # 37W By-law: , Exception C3-11 continued from previous page Table Table Percentage of Peak Period (Weekday) Land Use Morning Noon Afternoon Evening Industrial/Office/Medical Office Retail (includes retailwarehouse, garden centre, equipment rental, financial institution, motor vehicle retail store and motor vehicle repair facility - restricted accessory to a motor vehicle retail store) Restaurant (includes restaurant, convenience restaurant, take-out restaurant and banquet hall/conference centre/convention centre) Entertainment Establishment TOTAL Percentage of Peak Period (Saturday) Land Use Morning Noon Afternoon Evening Industrial/Office/Medical Office Retail (includes retailwarehouse, garden centre, equipment rental, financial institution, motor vehicle retail store and motor vehicle repair facility - restricted accessory to a motor vehicle retail store) Restaurant (includes restaurant, convenience restaurant, take-out restaurant and banquet hall/conference centre/convention centre) Entertainment Establishment TOTAL "Retail-Warehouse" means a building or structure, or part thereof where goods are stored and offered for sale and shall include only the following: home furnishings and home improvements products, furniture, appliances, electrical fixtures, carpets and floor coverings, building supplies, plumbing supplies, draperies and decorating supplies such as paint and wallpaper. Revised: 2015 October 31 Page ~ 13

14 Exception: C3-12 Map # 38W By-law: In a C3-12 zone the applicable regulations shall be as specified for a C3 zone except that the following uses/regulations shall apply: Permitted Uses Lands zoned C3-12 shall only be used for the following: (1) Restaurant (2) deleted The provisions contained in Subsection of this By-law shall not apply Maximum gross floor area - non-residential 701 m Minimum separation distance measured from the nearest part of the restaurant to the lot line of a Residential Zone Required parking spaces Those parts of the building and structure below established grade shall only be used for storage purposes 13.0 m Exception: C3-13 Map # 13 By-law: In a C3-13 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Outdoor patio accessory to a restaurant (2) E2 uses contained in Subsection of this By-law, except: (1.1) Truck Terminal (1.2) Waste Processing Station (1.3) Waste Transfer Station (1.4) Composting facility (3) Off-track wagering establishment accessory to a restaurant Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Maximum gross floor area - non-residential m Maximum gross floor area - non-residential used for an outdoor patio accessory to a restaurant Maximum number of outdoor patios accessory to a restaurant m Required parking spaces Lands identified as Area 'A' on Schedule C3-13 of this Exception will only be used for motor vehicle parking Maximum number of parking spaces to be provided in Area 'A' as identified on Schedule C3-13 of this Exception All site development plans shall comply with Schedule C3-13 of this Exception 132 Revised: 2016 December 31 Page ~ 14

15 Schedule C3-13 Map 13 Revised: 2017 February 28 Page ~ 15

16 Exception: C3-14 Map # 59 By-law: In a C3-14 zone the applicable regulations shall be as specified for a C3 zone except that the following uses/regulations shall apply: Permitted Use Lands zoned C3-14 shall only be used for the following: (1) Retirement Building Exception: C3-15 Map # 23 By-law: In a C3-15 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Motor Vehicle Body Repair Facility (2) Outdoor storage accessory to a motor vehicle body repair facility (3) Vehicle Pound Facility Outdoor storage accessory to a motor vehicle body repair facility shall not be situated closer to any street line than any portion of the main building Outdoor storage of vehicles or property secured within a vehicle pound facility shall not be situated closer to any street line than any portion of the main building A fence having a minimum height of 1.8 m shall be required around the perimeter of the area to be used for outdoor storage for a vehicle pound facility, but in no event shall the fence be situated closer to any street line than any portion of the main building Exception: C3-16 Map # 23 By-law: In a C3-16 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Garden Centre (2) Outdoor garden centre accessory to a retail store (3) Uses permitted within the E2 zone in Subsection except: (3.1) Truck Terminal (3.2) Waste Processing Station (3.3) Waste Transfer Station (3.4) Composting Facility Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Maximum floor area of a motor vehicle wash facility - restricted Maximum gross floor area - non-residential used for an upper level racking system Exception C3-16 continued on next page 660 m m 2 Revised: 2017 November 30 Page ~ 16

17 Exception: C3-16 Map # 23 By-law: Exception C3-16 continued from previous page Maximum height of all materials stored and displayed in a garden centre or outdoor garden centre accessory to a retail store Parking will not be required for the upper level racking system referenced in Sentence of this Exception A motor vehicle wash facility - restricted shall also include a coin-operated motor vehicle wash facility - restricted Stairs may encroach outside of the buildable area identified on Schedule C3-16 of this Exception, along the west boundary of the property line An outdoor garden centre shall only be permitted within the hatched area identified on Schedule C3-16 of this Exception All site development plans shall comply with Schedule C3-16 of this Exception 3.2 m Schedule C3-16 Map 23 Revised: 2007 November 05 Page ~ 17

18 Exception: C3-17 Map # 55 By-law: In a C3-17 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Garden Centre (2) Uses permitted within the E2 zone in Subsection except: (2.1) Truck Terminal (2.2) Waste Processing Station (2.3) Waste Transfer Station (2.4) Composting Facility Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Minimum setback from Argentia Road and Tenth Line West 6.0 m Maximum setback of the building or structure, where the main front entrance of any building or structure faces Argentia Road or Tenth Line West Notwithstanding Sentence of this Exception, a maximum of one (1) building or structure located south of Argentia Road and whose main front entrance faces Argentia Road may be set back beyond the maximum 25 m setback requirement Minimum setback from Winston Churchill Boulevard north of Argentia Road Minimum setback from Winston Churchill Boulevard south of Argentia Road Where a minimum setback is provided under Sentence of this Exception, a driveway, aisle or other paved area shall not be permitted between the exterior wall of the building or structure and Argentia Road or Tenth Line West No loading or service facilities shall be located within any yard abutting Highway 401, Winston Churchill Boulevard or Argentia Road Setback of any building or structure from a Provincial Highway right-of-way Minimum setback of any building or structure from lands zoned PB m 13.7 m 7.5 m 13.7 m 20.5 m 2007 June 20 Page ~ 18

19 Exception: C3-18 Map # 22 By-law: In a C3-18 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Additional Permitted Use (1) Motor vehicle body repair facility accessory to motor vehicle sales, leasing and/or rental facility - restricted Minimum required depth of a landscaped buffer adjacent to and along the easterly lot line 7.5 m Minimum rear yard 10.5 m An accessory motor vehicle body repair facility use shall be contained within an enclosed building or structure and shall not include the outdoor storage of parts or materials Exception: C3-19 Map # 25, 26, 27, 35E 35W, 46E By-law: In a C3-19 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Additional Permitted Use (1) Motor vehicle body repair facility accessory to motor vehicle sales, leasing and/or rental facility - restricted Regulation An accessory motor vehicle body repair facility use shall be contained within an enclosed building or structure and shall not include the outdoor storage of parts or materials Revised: 2013 September 30 Page ~ 19

20 Exception: C3-20 Map # 16 By-law: In a C3-20 zone the applicable regulations shall be as specified for a C3 zone except that the following uses/regulations shall apply: Permitted Use Lands zoned C3-20 shall only be used for the following: (1) Motor Vehicle Repair Facility - Restricted The lot line abutting Dundas Street East shall be deemed to be the front lot line Minimum front yard 0.0 m Minimum exterior side yard 0.0 m Minimum interior side yard 7.5 m Minimum rear yard 20.0 m Minimum number of parking spaces per 100 m 2 gross floor area - non-residential "Motor Vehicle Repair Facility - Restricted" shall only include the sale and installation of motor vehicle equipment, motor vehicle cleaning, waxing and rustproofing but shall not include a motor vehicle wash facility - restricted, time-pay motor vehicle wash facility, coin-operated motor vehicle wash facility, wand wash motor vehicle wash facility or other manually operated equipment or facility for the washing of motor vehicles Exception: C3-21 Map # 18 By-law: In a C3-21 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Use Not Permitted (1) Motor Vehicle Sales, Leasing and/or Rental Facility - Restricted Maximum number of convenience restaurants The provisions of Line 2.0 contained in Table and Subsection shall not apply Exception: C3-22 Map # 24 By-law: In a C3-22 zone the applicable regulations shall be as specified for a C3 zone except that the following uses/regulations shall apply: Permitted Use Lands zoned C3-22 shall only be used for the following: (1) Funeral Establishment Revised: 2015 March 31 Page ~ 20

21 Exception: C3-23 Map # 19 By-law: In a C3-23 zone the applicable regulations shall be as specified for a C3 zone except that the following uses/regulations shall apply: Permitted Use Lands zoned C3-23 shall only be used for the following: (1) Access to lands zoned RA2-18 and R Exception: C3-24 Map # 21 By-law: In a C3-24 zone the applicable regulations shall be as specified for a C3 zone except that the following uses/regulations shall apply: Permitted Uses Lands zoned C3-24 shall only be used for the following: (1) Retail Store (2) Veterinary Clinic (3) Animal Care Establishment (4) Personal Service Establishment (5) Commercial School (6) Financial Institution (7) Repair Establishment (8) Office (9) Recreational Establishment (10) Private Club Minimum lot frontage 40 m Minimum depth of a landscaped buffer abutting a Residential Zone Minimum depth of a landscaped buffer abutting a railway rightof-way, Employment or Commercial Zone 3.0 m 1.5 m Maximum height 3 storeys Holding Provision Only the following uses shall be permitted prior to the removal of the holding symbol H: (1) retail sales and installation of pools, hot tubs and recreational home equipment including supplies and accessories (2) warehouse, office and outdoor storage and display accessory to the uses permitted in clause (1) "Recreational Home Equipment" means leisure equipment, fitness equipment, patio furniture, gazebos and accessories. Maximum gross floor area - non-residential m 2 Minimum number of parking spaces per 100 m 2 gross floor area - non-residential Exception C3-24 continued on next page June 20 Page ~ 21

22 Exception: C3-24 Map # 21 By-law: Exception C3-24 continued from previous page Holding Provision (continued) The holding symbol H is to removed from the whole or any part of the lands zoned H-C3-24 by further amendment to Map 21 of Schedule B contained in Part 13 of this By-law, as amended, upon satisfaction of the following requirements: (1) the owner shall have submitted a Noise and Vibration Report satisfactory to the Planning and Building Department and the Transportation and Works Department; (2) the owner shall have submitted a Phase I Environmental Site Assessment and any subsequent environmental report deemed necessary to the satisfaction of the Transportation and Works Department; (3) the owner shall pay a cash contribution toward the reconstruction of Hensall Circle in an amount satisfactory to the Transportation and Works Department; (4) the owner shall remove all of the parking from the municipal boulevard and pay an amount satisfactory to the Transportation and Works Department for the cost of the reinstatement of the municipal curb, boulevard, sidewalk and any required utility relocation; (5) the owner shall have executed and delivered the required Development Agreement and Warning Clause Agreement on terms satisfactory to the City and the Transportation and Works Department; (6) the owner shall make a payment for the cash-in-lieu of parkland for park or other public recreational purposes Exception: C3-25 Map # 14 By-law: In a C3-25 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Regulation Maximum gross floor area - non-residential m Exception: C3-26 Map # 22 By-law: In a C3-26 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Regulation Maximum gross floor area - non-residential m June 20 Page ~ 22

23 Exception: C3-27 Map # 39E By-law: In a C3-27 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Additional Permitted Use (1) Motor Vehicle Repair Facility - Restricted Exception: C3-28 Map # 37W, 44W By-law: , In a C3-28 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Garden Centre (2) Outdoor patio accessory to a restaurant or take-out restaurant (3) Motor Vehicle Retail Store (4) Required parking for abutting lands zoned C Minimum depth of a landscaped buffer abutting Ivandale Drive 7.0 m Minimum setback from Mavis Road and Britannia Road West 7.5 m Maximum height of all materials stored and displayed in a garden centre Minimum height of fencing or screening surrounding an outdoor display and sales area to a garden centre Motor vehicle parking and loading shall be provided in accordance with Table of this Exception or Part 3 of this By-law for uses not contained in Table of this Exception Mixed use development means a combination of any two (2) or more uses contained in Tables and of this Exception, of which retail uses include: retail stores, financial institutions, motor vehicle retail stores and motor vehicle repair facilities - restricted accessory to a motor vehicle retail store Where the use is a mixed use development, motor vehicle parking may be calculated in accordance with Tables and of this Exception, and the following: The initial step in determining required parking for a mixed use development is to calculate the parking requirement for each use in the development as if these uses were free-standing buildings. The required parking for each use is then multiplied by the percent of the peak period for each time period contained in Tables and of this Exception. Each column is totalled for weekday and weekend. The highest figure obtained from all time periods shall become the required parking for the mixed use development, and shall be applied to reduce the requirements specified under Sentence of this Exception Exception C3-28 continued on next page 3.1 m 3.1 m Revised: 2015 October 31 Page ~ 23

24 Exception: C3-28 Map # 37W, 44W By-law: , Exception C3-28 continued from previous page Table Table Table Land Use Retail-Warehouse Column 1 Column 2 Motor Vehicle Repair Facility - Restricted accessory to a motor vehicle retail store Restaurant, Convenience Restaurant, Take-out Restaurant Percentage of Peak Period (Weekday) Minimum Required Parking Standard 1.6 spaces per 100 m 2 GFA - non-residential 5.5 spaces per 100 m 2 GFA - non-residential of which 50% may be tandem parking spaces 5.4 spaces per 100 m 2 GFA - non-residential Land Use Morning Noon Afternoon Evening Office/Medical Office Retail (includes retailwarehouse, garden centre, equipment rental, financial institution, motor vehicle retail store and motor vehicle repair facility - restricted accessory to a motor vehicle retail store) Restaurant (includes restaurant, convenience restaurant, take-out restaurant and banquet hall/conference centre/convention centre) Entertainment Establishment TOTAL Percentage of Peak Period (Saturday) Land Use Morning Noon Afternoon Evening Office/Medical Office Retail (includes retailwarehouse, garden centre, equipment rental, financial institution, motor vehicle retail store and motor vehicle repair facility - restricted accessory to a motor vehicle retail store) Restaurant (includes restaurant, convenience restaurant, take-out restaurant and banquet hall/conference centre/convention centre) Entertainment Establishment TOTAL "Retail-Warehouse" means a building or structure, or part thereof where goods are stored and offered for sale and shall include only the following: home furnishings and home improvements products, furniture, appliances, electrical fixtures, carpets and floor coverings, building supplies, plumbing supplies, draperies and decorating supplies such as paint and wallpaper. Revised: 2015 October 31 Page ~ 24

25 Exception: C3-29 Map # 37W, 44W By-law: , In a C3-29 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Garden Centre (2) Outdoor patio accessory to a restaurant or convenience restaurant (3) Motor Vehicle Retail Store (4) E2 uses contained in Subsection of this By-law, except: (4.1) Truck Terminal (4.2) Waste Processing Station (4.3) Waste Transfer Station (4.4) Composting Facility Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Minimum setback from Mavis Road and Britannia Road West 7.5 m Maximum height of all materials stored and displayed in a garden centre Minimum height of fencing or screening surrounding an outdoor display and sales area of a garden centre Motor vehicle parking and loading shall be provided in accordance with Table of this Exception or Part 3 of this By-law for uses not contained in Table of this Exception Mixed use development means a combination of any two (2) or more uses contained in Tables and of this Exception, of which retail uses include: retail stores, financial institutions, motor vehicle retail stores and motor vehicle repair facilities - restricted accessory to a motor vehicle retail store Where the use is a mixed use development, motor vehicle parking may be calculated in accordance with Tables and of this Exception, and the following: Table The initial step in determining required parking for a mixed use development is to calculate the parking requirement for each use in the development as if these uses were free-standing buildings. The required parking for each use is then multiplied by the percent of the peak period for each time period contained in Tables and of this Exception. Each column is totalled for weekday and weekend. The highest figure obtained from all time periods shall become the required parking for the mixed use development, and shall be applied to reduce the requirements specified under Sentence of this Exception Land Use Retail-Warehouse Column 1 Column 2 Motor Vehicle Repair Facility - Restricted accessory to a motor vehicle retail store Restaurant, Convenience Restaurant, Take-out Restaurant Exception C3-29 continued on next page 3.1 m 3.1 m Minimum Required Parking Standard 1.6 spaces per 100 m 2 GFA - non-residential 5.5 spaces per 100 m 2 GFA - non-residential of which 50% may be tandem parking spaces 5.4 spaces per 100 m 2 GFA - non-residential Revised: 2015 October 31 Page ~ 25

26 Exception: C3-29 Map # 37W, 44W By-law: , Exception C3-29 continued from previous page Table Table Percentage of Peak Period (Weekday) Land Use Morning Noon Afternoon Evening Industrial/Office/Medical Office Retail (includes retailwarehouse, garden centre, equipment rental, financial institution, motor vehicle retail store and motor vehicle repair facility - restricted accessory to a motor vehicle retail store) Restaurant (includes restaurant, convenience restaurant, take-out restaurant and banquet hall/conference centre/convention centre) Entertainment Establishment TOTAL Percentage of Peak Period (Saturday) Land Use Morning Noon Afternoon Evening Industrial/Office/Medical Office Retail (includes retailwarehouse, garden centre, equipment rental, financial institution, motor vehicle retail store and motor vehicle repair facility - restricted accessory to a motor vehicle retail store) Restaurant (includes restaurant, convenience restaurant, take-out restaurant and banquet hall/conference centre/convention centre) Entertainment Establishment TOTAL "Retail-Warehouse" means a building or structure, or part thereof where goods are stored and offered for sale and shall include only the following: home furnishings and home improvements products, furniture, appliances, electrical fixtures, carpets and floor coverings, building supplies, plumbing supplies, draperies and decorating supplies such as paint and wallpaper. Revised: 2015 October 31 Page ~ 26

27 Exception: C3-30 Map # 37W By-law: In a C3-30 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) E2 uses contained in Subsection of this By-law, except: (1.1) Truck Terminal (1.2) Waste Processing Station (1.3) Waste Transfer Station (1.4) Composting Facility Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Minimum height of fencing or screening surrounding an outdoor display and sales area accessory to a garden centre Minimum number of parking spaces for restaurants, convenience restaurants and take-out restaurants per 100 m 2 GFA - non-residential 3.1 m Exception: C3-31 Map # 36W By-law: In a C3-31 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) E2 uses contained in Subsection of this By-law, except: (1.1) Truck Terminal (1.2) Waste Processing Station (1.3) Waste Transfer Station (1.4) Composting Facility (1.5) deleted (1.6) deleted (1.7) Motor Vehicle Repair Facility - Restricted (1.8) Motor Vehicle Rental Facility (1.9) deleted (1.10) Motor Vehicle Wash Facility - Restricted (1.11) Gas Bar (1.12) Motor Vehicle Service Station (1.13) Adult Entertainment Establishment (1.14) Body Rub Establishment Regulation Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Revised: 2010 January 01 Page ~ 27

28 Exception: C3-32 Map # 37W, 48W By-law: In a C3-32 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Additional Permitted Use (1) C5 uses contained in Subsection of this By-law Regulation Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Exception: C3-33 Map # 35E By-law: In a C3-33 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Motor vehicle convenience centre, accessory to a gas bar (2) E2 uses contained in Subsection of this By-law, except: (2.1) Truck Terminal (2.2) Waste Processing Station (2.3) Waste Transfer Station (2.4) Composting Facility Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Maximum number of convenience restaurants Maximum gross floor area non-residential used for a motor vehicle convenience centre Maximum gross floor area non-residential used for a convenience restaurant not located within a motor vehicle convenience centre Maximum gross floor area non-residential of all buildings and structures The lot line abutting Dixie Road shall be deemed to be the front lot line 900 m m m Maximum front yard 18.0 m Maximum exterior side yard 10.5 m Maximum interior side yard 3.4 m Maximum rear yard 10.5 m Maximum height 7.7 m Minimum number of parking spaces per 100 m 2 gross floor area non-residential motor vehicle convenience centre Where a convenience restaurant is attached to a building or structure used for a motor vehicle convenience centre, parking for the convenience restaurant may be provided in accordance with Sentence of this Exception "Motor Vehicle Convenience Centre" means a building or structure used for a retail store and may include an accessory restaurant, convenience restaurant or take-out restaurant including an accessory outdoor patio 6.9 spaces Revised: 2008 December 22 Page ~ 28

29 Exception: C3-34 Map # 39W By-law: In a C3-34 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Gas Bar (2) Motor Vehicle Wash Facility - Restricted Uses Not Permitted (1) Motor Vehicle Service Station (2) Motor Vehicle Repair Facility - Restricted Maximum gross floor area non-residential used for a motor vehicle wash facility - restricted Maximum gross floor area - non-residential used for an accessory convenience retail and service kiosk Minimum setback of all buildings and structures from the lot line abutting Eglinton Avenue West Maximum setback of all buildings and structures from the lot line abutting Eglinton Avenue West Minimum setback of all buildings and structures from the lot line abutting Glen Erin Drive Maximum setback of all buildings and structures from the lot line abutting Glen Erin Drive Minimum setback of all buildings and structures from any sight triangle Minimum setback of a gas bar weather canopy from the lot line abutting Glen Erin Drive Maximum setback of a gas bar weather canopy from the lot line abutting Glen Erin Drive The provisions contained in Subsection of this By-law shall not apply 270 m 2 35 m m 13.0 m 32.0 m 35.0 m 0.0 m 40.0 m 43.0 m Exception: C3-35 Map # 13 By-law: In a C3-35 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) The existing adult video store located in Unit 9, 1370 Dundas Street East (2) E2 uses contained in Subsection of this By-law, except: (2.1) Truck Terminal (2.2) Waste Processing Station (2.3) Waste Transfer Station (2.4) Composting Facility Regulation Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Revised: 2008 December 22 Page ~ 29

30 Exception: C3-36 Map # 49E By-law: In a C3-36 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Use Not Permitted (1) Convenience Restaurant Exception: C3-37 Map # 12 By-law: In a C3-37 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) E2 uses contained in Subsection of this By-law, except: (1.1) Truck Terminal (1.2) Waste Processing Station (1.3) Waste Transfer Station (1.4) Composting Facility Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Minimum depth of landscaped buffer measured from a lot line that is a street line Minimum depth of landscaped buffer measured from an adjacent lot line other than a lot line abutting a G1 zone 3.0 m 1.5 m Exception: C3-38 Map # 36W By-law: In an C3-38 zone the permitted uses and applicable regulations shall be as specified for an C3 zone except (1) C5 uses contained in Subsection of this By-law, except: (1.1) Motor Vehicle Repair Facility - Restricted Uses Not Permitted (1) Amusement Arcade (2) Funeral Establishment (3) Place of Religious Assembly (4) Private Club The provisions contained in Table of this By-law shall not apply Maximum gross floor area - non-residential of all buildings and structures Maximum gross floor area - non-residential used for a food store Maximum gross floor area non-residential used for a pharmacy m m m Minimum front yard 12.0 m Revised: 2017 October 31 Page ~ 30

31 Exception: C3-39 Map # 26 By-law: In a C3-39 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Outdoor patio accessory to a restaurant, convenience restaurant or take-out restaurant (2) E2 uses contained in Subsection of this By-law, except: (2.1) Motel (2.2) Truck Terminal (2.3) Waste Processing Station (2.4) Waste Transfer Station (2.5) Composting Facility Regulation Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Exception: C3-40 Map # 55 By-law: In an C3-40 zone the permitted uses and applicable regulations shall be as specified for an C3 zone except (1) Uses permitted within the E2 zone in Subsection except: (1.1) Truck Terminal (1.2) Waste Processing Station (1.3) Waste Transfer Station (1.4) Composting Facility (2) Garden Centre (3) Accessory Outdoor Garden Centre Uses Not Permitted (1) Funeral Establishment (2) Commercial Garage (3) Cold Storage Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law The provisions of Lines 1.0 to 3.0 contained in Table of this By-law shall not apply Maximum gross floor area - non-residential m Minimum setback to Argentia Road and Tenth Line West 6.0 m Loading and service facilities shall not be permitted in any yard abutting Argentia Road Minimum number of loading spaces for a building with a total gross floor area - non-residential less than or equal to m Minimum number of loading spaces for a building with a total gross floor area - non-residential greater than m 2 but less than or equal to m 2 gross floor area - non-residential June 20 Page ~ 31

32 Exception: C3-41 Map # 23 By-law: , In a C3-41 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except (1) Flea Market (2) E2 uses contained in Subsection of this By-law, except: (2.1) Truck Terminal (2.2) Waste Processing Station (2.3) Waste Transfer Station (2.4) Composting Facility Uses Not Permitted (1) Place of Religious Assembly (2) Drug Store (3) Pharmacy (4) Retail sale of automotive parts and accessories (5) Department Store (6) Food Supermarket Uses contained in Sentence of this Exception shall comply with the C3 zone regulations contained in Subsection of this By-law Maximum number of flea markets Maximum gross floor area - non-residential used for a food store Maximum gross floor area - non-residential used for a flea market Maximum gross floor area - non-residential used for retail sales "Flea Market" means a building, structure or part thereof, where new or used goods or secondhand personal property is offered for sale to the general public by a number of individual vendors in compartmentalized spaces 600 m m m Exception: C3-42 Map # 35W By-law: In a C3-42 zone the permitted uses and applicable regulations shall be as specified for a C3 zone except Additional Permitted Use (1) Motor vehicle body repair facility accessory to motor vehicle sales, leasing and/or rental facility - restricted Minimum landscaped area abutting Dixie Road and Highway 401 off-ramp An accessory motor vehicle body repair facility use shall be contained within an enclosed building or structure and shall not include the outdoor storage of parts or materials All site development plans shall comply with Schedule C3-42 of this Exception 9.0 m Revised: 2015 July 31 Page ~ 32

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