ZONING ORDER - MILTON EDUCATION VILLAGE, TOWN OF MILTON

Definitions 1. In this Order, “accessory” means a use, building or structure that is normally incidental or subordinate to a principal use, building or structure located on the same lot, and includes, (a) a medical clinic, (b) a personal service shop, (c) a restaurant, (d) a commercial skill school, (e) a commercial trade or profession school, (f) a retail store, and (g) a fitness centre; “ancillary residential use” means a multi-residential use associated with an educational institution; “employment use” means a use permitted in the Employment (EMP 2) Zone of the Zoning By-law, except for industrial uses, a veterinary clinic for large animals, a warehouse or distribution centre and a U-Brew establishment; “greenway” means a multi-functional transportation corridor for pedestrians, cyclists and vehicles that contains environmentally sustainable infrastructure; “hospice facility” means a premises providing palliative care or respite; “level two charging outlet” means a charging station for electric vehicles, as defined by SAE International J1772; “level two roughed-in” means the installation of electric vehicle charging infrastructure during building construction to allow for later installation of a level two charging outlet; “long-term care home” has the same meaning as in the Long-Term Care Homes Act, 2007; “retirement home” has the same meaning as in the Retirement Homes Act, 2010; “transformer and telecommunications pad” means a ground mounted electric power distribution transformer in a locked steel cabinet mounted on a concrete pad; “transformer and telecommunications vault” means a type of utility vault that is buried underground and gives access to switchgear for electrical or telecommunications equipment; “Zoning By-law” means Zoning By-law No. 016-2014 of the Town of Milton. Application 2. This Order applies to lands in the Town of Milton in the Regional Municipality of Halton, in the Province of Ontario, being the lands outlined in red on a map numbered 256 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street. General permitted uses 3. The following uses are permitted on the lands described in section 2: 1. Greenway. 2. Stormwater management facilities. 3. Parkland. 4. Amenity area. 5. Public uses. 6. Elementary and secondary schools. 7. Day care centres. 8. Places of worship. 9. Parking areas, including above or below grade parking structures. 10. Hospice facilities. General zoning requirements 4. (1) Where a lot line abuts a reserve of 0.3 metres or less that has been established to restrict or control access to an abutting street, the lot is considered to have frontage on a public street. (2) Where the lot line abuts a reserve of 0.3 metres or less that has been established to restrict or control access to an abutting street, the reserve is part of the lot for the purposes of calculating required setbacks and density. (3) A unit within a plan of condominium on which a back-to-back townhouse, street townhouse or rear lane townhouse is situated shall be treated as one lot. (4) For an apartment or mixed-use building, a minimum of four square metres per dwelling unit of outdoor communal amenity space shall be provided at grade, as a rooftop amenity area or both on the podium. (5) The outdoor communal amenity space referred to in subsection (4) shall be aggregated into areas of not less than 50 square metres that have a minimum width of six metres. (6) For a residential use, the minimum required private outdoor amenity area per residential unit is six square metres and shall be provided in a yard, patio, terrace or balcony. (7) Despite subsections (4) and (6), for an ancillary residential use, the minimum required amenity area shall be three square metres for the first bedroom and two square metres for each additional bedroom in the dwelling unit, to be provided on, (a) a balcony or outdoor patio; (b) a swimming pool; (c) communal indoor recreational space; (d) communal indoor social space; or (e) outdoor rooftop amenity space. (8) There are no minimum amenity requirements for a retirement home or long-term care home. (9) The minimum landscape buffer abutting a residential zone is three metres. (10) There is no maximum height restriction for roof-mounted wind and solar energy installations. (11) Transformer and telecommunications vaults and pads shall not project towards a public street beyond the main wall of the building. (12) One parking space is required per 40 square metres of gross floor area. (13) Despite subsection (12), 1. a post-secondary school shall have one parking space per 200 square metres of gross floor area, 2. an apartment building, hybrid apartment building, stacked townhouse and multiple, triplex and quattroplex dwellings shall have a minimum of one parking space per dwelling unit plus 0.25 visitor parking spaces per unit, 3. a mixed-use building shall have one parking space per dwelling unit plus the greater of 0.25 parking spaces per residential dwelling unit for visitor parking or one parking space per 25 square metres of gross floor area for the non-residential component in a mixed-use building, 4. a hospice facility shall have the lesser of one parking space per 40 square metres of gross floor area or 0.5 parking spaces per bed, 5. an ancillary residential use shall have 0.1 parking spaces per bedroom and 0.05 visitor parking spaces per bedroom, and 6. when a non-residential use forms part of a post-secondary school, a minimum of one parking space per 200 square metres of gross floor area is required. (14) The minimum at grade parking area setback from a lot line is 1.2 metres. (15) Despite subsection (14), there is no minimum at grade parking area setback from a street line, unless a parking area abuts a sidewalk, in which case the minimum setback is 1.5 metres. (16) Parking for a post-secondary school shall be on the main campus or on lands within 800 metres of the main campus. (17) An underground parking structure is permitted to extend under a public street, public lane, laneway, park, amenity area or greenway. (18) Where an underground parking structure extends beyond the lot line of the lot it is intended to serve, the required parking for uses within that lot are also permitted to be located in the portion of the underground parking structure that extends beyond the lot boundary. (19) Where a wall, column or other obstruction is located abutting or within any parking space, the following requirements apply: 1. The minimum width of the parking space shall be increased by 0.3 metres for each side that is obstructed. 2. Obstructions within 1.15 metres of either stall end do not require an increase in parking space width, provided the obstruction projects no more than 0.15 metres into the parking space. (20) Where a wall, column or other obstruction is located abutting or within any parking space, it must be set back a minimum of 0.4 metres from the drive aisle. (21) The minimum bicycle parking space requirement can be satisfied using vertical or horizontal bicycle parking spaces. (22) At least 10 per cent of the required bicycle parking shall be provided at grade and adjacent to the main building entry. (23) The minimum vertical bicycle parking space dimensions are as follows: 1. The minimum width is 0.9 metres. 2. The minimum length is 1.2 metres. 3. The minimum vertical clearance is two metres. (24) For apartments and stacked townhouses where the number of required parking spaces is 100 or more, 25 per cent of required parking spaces shall have a level two roughed-in electric vehicle charging station. (25) For non-residential uses where the number of required parking spaces is 100 or more, (a) 20 per cent of required parking spaces shall have a level two roughed-in electric vehicle charging station; and (b) one per cent of all required parking spaces shall have an electric vehicle charging station installed. Institutional Campus Zone 5. (1) This section applies to the lands located in the area shown as the Institutional Campus Zone on the map referred to in section 2. (2) In addition to the uses permitted under section 3, the following uses are permitted on the lands described in subsection (1): 1. Uses permitted within the Institutional Major (I-B) Zone set out in section 9 of the Zoning By-law. 2. Offices. 3. Research and technology uses. 4. Recreation and athletic facilities. 5. Theatres. 6. Food banks. 7. Ancillary residential uses. 8. Apartment buildings. 9. Mixed-use buildings. 10. Live-work dwelling units. 11. Multiple dwellings. 12. Townhouses. 13. Back-to-back townhouses. 14. Stacked townhouses. (3) A use identified within the Mixed-Use (MU) Zone set out in section 6 of the Zoning By-law and a food store are permitted in a mixed-use building, live-work unit or post-secondary campus. (4) There is no minimum setback to a street line. (5) Despite subsection (4), 1. the minimum setback to a street line for a residential use is three metres, 2. the minimum setback to a street line for porches and verandas, patios and balconies is one metre, and 3. the minimum setback to a lot line is 0.6 metres for stairs and accessible ramps. (6) There is no minimum setback to a dedicated daylight triangle. (7) The minimum setback to adjacent zones and grade related dwellings is 7.5 metres. (8) There is no minimum landscape buffer abutting a residential zone. (9) A townhouse and back-to-back townhouse shall meet the requirements of subsections 10 (3) to (6). (10) A stacked townhouse and multiple dwelling shall meet the requirements of subsection 10 (6). Institutional Major Special Zone 6. (1) This section applies to the lands located in the area shown as the Institutional Major Special Zone on the map referred to in section 2. (2) In addition to the uses permitted under section 3, the following uses are permitted on the lands described in subsection (1): 1. Uses permitted within the Institutional Major (I-B) Zone set out in section 9 of the Zoning By-law. 2. Employment uses. 3. Mixed-use buildings. 4. Live-work dwelling units. 5. Ancillary residential uses. (3) Employment uses must occupy a minimum of 15 per cent of the gross floor area of each development block. (4) The following requirements apply to the uses, buildings and structures permitted under subsection (2): 1. The minimum setback from a lot line is 7.5 metres. 2. Despite paragraph 1, i. the minimum interior side yard setback to a lot line is six metres, ii. the minimum setback to a street line is one metre for porches and verandas, patios and balconies, iii. the minimum setback to a lot line is 0.6 metres for stairs and accessible ramps, and iv. there is no minimum setback from a lot line where a driveway or drive aisle is shared between properties. 3. The maximum building height is 15 storeys. 4. There is no minimum landscaped buffer abutting a street line. Innovation District Mixed-Use Zone 7. (1) This section applies to the lands located in the area shown as the Innovation District Mixed-Use Zone on the map referred to in section 2. (2) In addition to the uses permitted under section 3, the following uses are permitted on the lands described in subsection (1): 1. Uses permitted within the Institutional Major (I-B) Zone set out in section 9 of the Zoning By-law. 2. Uses permitted within the Mixed-Use (MU) Zone set out in section 6 of the Zoning By-law. 3. Research and technology uses. 4. Recreation and athletic facilities. 5. Night clubs. 6. Places of entertainment. 7. Social services establishments. 8. Theatres. 9. Food banks. 10. Food stores located within the first storey of a mixed-use building. 11. Ancillary residential uses. (3) Employment uses must occupy a minimum of 15 per cent of the gross floor area of each development block. (4) The following requirements apply to the uses, buildings and structures permitted under subsection (2): 1. The minimum floor space index per development block is 1.2. 2. The minimum setback to a lot line is one metre. 3. Despite paragraph 2, there is no minimum setback to a street line. 4. Despite paragraph 3, i. the minimum setback to a street line for a residential use is three metres, and ii. the minimum setback to a street line for porches and verandas, patios and balconies is one metre. 5. Despite paragraph 2, the minimum setback to a lot line for stairs and accessible ramps is 0.6 metres. 6. There is no minimum setback to a dedicated daylight triangle. High Density Residential I Zone 8. (1) This section applies to the lands located in the area shown as the High Density Residential I Zone on the map referred to in section 2. (2) In addition to the uses permitted under section 3, the following uses are permitted on the lands described in subsection (1): 1. Uses permitted in the Residential High Density (RHD) Zone set out in section 6 of the Zoning By-law. 2. Accessory uses. (3) The following requirements apply to the uses, buildings and structures permitted under subsection (2): 1. The maximum building height is 15 storeys. 2. The minimum setback to a lot line is one metre. 3. Despite paragraph 2, i. the minimum setback to a street line for porches and verandas, patios and balconies is one metre, ii. the minimum setback to a lot line for stairs and accessible ramps is 0.6 metres, and iii. there is no minimum setback from a lot line where a driveway or drive aisle is shared between properties. 4. The long-term care home shall have a minimum of 192 beds. 5. Despite subsection 4 (12), a retirement home shall have 0.33 parking spaces per bed. 6. There is no minimum off-street parking requirement for accessory uses. 7. Despite paragraph 6, a medical clinic shall have one parking space per 40 square metres of gross floor area. 8. There is no minimum setback to a dedicated daylight triangle. High Density Residential II Zone 9. (1) This section applies to the lands located in the area shown as the High Density Residential II Zone on the map referred to in section 2. (2) In addition to the uses permitted under section 3, the following uses are permitted on the lands described in subsection (1): 1. Uses permitted in the Mixed-Use (MU) Zone set out in section 6 of the Zoning By-law. 2. Back-to-back townhouses. 3. Multiple dwellings. 4. Quattroplexes. 5. Stacked townhouses. (3) The following requirements apply to the uses, buildings and structures permitted under subsection (2): 1. Development shall be within a density range of 100 to 300 units per net hectare. 2. The minimum height of an apartment building is eight storeys. 3. The minimum height of a townhouse is three storeys. 4. Apartment buildings and townhouses are permitted to have sections that terrace or step down below the minimum building height. 5. The minimum setbacks for an apartment building and retirement home are as follows: i. Three metres for the front and exterior side yard. ii. Six metres for the rear and interior side yard. 6. The minimum setback to a street line for porches and verandas, patios and balconies is one metre. 7. The minimum setback to a lot line for stairs and accessible ramps is 0.6 metres. 8. There is no minimum setback to a dedicated daylight triangle. 9. The minimum setback to adjacent zones and grade related dwellings is 7.5 metres. (4) A back-to-back townhouse shall meet the requirements of subsections 10 (3), (4) and (6). (5) A multiple dwelling, quattroplex and stacked townhouse shall meet the requirements of subsection 10 (6). Milton Education Village Medium Density Residential II Zone 10. (1) This section applies to the lands located in the area shown as the Milton Education Village Medium Density Residential II Zone on the map referred to in section 2. (2) In addition to the uses permitted under section 3, the following uses are permitted on the lands described in subsection (1): 1. Uses permitted in the Medium Density Residential II Zone set out in section 6 of the Zoning By-law. 2. Stacked townhouses. (3) A back-to-back townhouse, rear-lane townhouse and street townhouse are limited to a combined maximum of 30 per cent of units within that development block. (4) The zoning requirements for the Residential Medium Density 2 – Special Section 270 (RMD2*270) Zone of the Zoning By-law apply to back-to-back townhouses permitted under subsection (2), unless there is a conflict with another provision of this Order, in which case that provision prevails. (5) The zoning requirements for the Residential Medium Density 1 – Special Section 269 (RMD1*269) Zone of the Zoning By-law apply to townhouses permitted under subsection (2), unless there is a conflict with another provision of this Order, in which case that provision prevails. (6) Despite subsections (4) and (5), the following requirements apply to all uses, buildings and structures permitted under subsection (2): 1. Development shall be within a density range of 70 to 200 units per net hectare. 2. The minimum setback to a street line for porches and verandas, patios and balconies is one metre. 3. The minimum setback to a lot line for stairs and accessible ramps is 0.6 metres. 4. Box or bay windows may encroach into a required yard up to a maximum of 0.6 metres for a maximum width of four metres. 5. Porches and verandas encroaching into the required interior side yard are permitted to be located 0.9 metres to the interior side lot line. 6. For all dwelling types, except for apartment buildings and stacked townhouses, balconies located on top of a porch or veranda are permitted to encroach into the required interior side yard up to a maximum of 0.6 metres for a maximum width of four metres. 7. If a garage is accessed from a rear lane, it is permitted to be set back 0.6 metres from the rear lot line. 8. Waste storage areas are not permitted as an accessory use to the permitted residential use unless they are, i. contained within the main building, or ii. located outside the main building within a deep collection waste disposal system located in the rear or interior side yard and set back three metres from any lot line. 9. The minimum building height is three storeys, with the exception of street townhouses. 10. The maximum building height is eight storeys. 11. The minimum front and exterior yard setback is one metre, except for those uses subject to the provisions applying to the RMD1*269 or RMD2*270 Zone of the Zoning By-law. 12. Despite paragraph 11, the minimum front and exterior yard setback for an apartment building and retirement home is three metres. 13. The minimum rear yard setback is one metre, except for those uses subject to the provisions applying to the RMD1*269 or RMD2*270 Zone of the Zoning By-law. 14. Despite paragraph 13, the minimum rear yard setback for an apartment building and retirement home is six metres. 15. The minimum interior yard setback is 1.2 metres, except for those uses subject to the provisions applying to the RMD1*269 or RMD2*270 Zone of the Zoning By-law. 16. Despite paragraph 15, the minimum interior side yard setback for an apartment building and retirement home is six metres. 17. There is no minimum setback to a dedicated daylight triangle. 18. The minimum driveway width is three metres. 19. Despite subsection 4 (14), the minimum setback from a parking space to the point of intersection of two street lines is 4.7 metres. 20. A residential driveway shall not extend into a rear yard or interior side yard to access an attached garage unless the driveway does not extend beyond the garage face. 21. There is no minimum off-street parking requirement for uses accessory to a hospice facility. 22. Despite subsection 4 (4), the minimum required private outdoor amenity area per residential unit is six square metres, to be provided in a yard, patio, terrace or balcony. Milton Education Village Medium Density Residential I Zone 11. (1) This section applies to the lands located in the area shown as the Milton Education Village Medium Density Residential I Zone on the map referred to in section 2. (2) In addition to the uses permitted under section 3, the following uses are permitted on the lands described in subsection (1): 1. Uses permitted in the MEV-RMD1 Zone set out in section 6 of the Zoning By-law. 2. Back-to-back townhouses. 3. Stacked townhouses. (3) The zoning requirements for the RMD1*269 Zone of the Zoning By-law apply to uses referred to in paragraph 1 of subsection (2). (4) Despite subsection (3), 1. The maximum building height is four storeys. 2. The minimum lot frontage for single detached dwellings is seven metres. 3. The minimum front yard setback is two metres, except for those uses subject to the provisions applying to the RMD1*269 or RMD2*270 Zone of the Zoning By-law. 4. Despite paragraph 3, the minimum front yard setback for a single detached dwelling and street access townhouse is one metre. 5. The minimum rear yard setback is one metre, except for those uses subject to the provisions applying to the RMD1*269 or RMD2*270 Zone of the Zoning By-law. 6. Despite paragraph 5, the minimum rear yard setback for a single detached dwelling, a semi-detached dwelling and a street access townhouse is 6.5 metres. 7. The minimum interior yard setback is 1.2 metre, except for those uses subject to the provisions applying to the RMD1*269 or RMD2*270 Zone of the Zoning By-law. 8. Despite paragraph 7, the minimum interior side yard setback for a single detached dwelling is 1.2 metres on one side and 0.6 metres on the other side. 9. Despite paragraph 7, the minimum interior side yard setback for a semi-detached dwelling is 0.9 metres on one side. 10. The minimum exterior yard setback is two metres, except for those uses subject to the provisions applying to the RMD1*269 or RMD2*270 Zone of the Zoning By-law. 11. Despite paragraph 10, the minimum exterior yard setback for a single detached dwelling and a semi-detached dwelling is 2.4 metres. 12. There is no minimum setback to a dedicated daylight triangle. 13. The minimum driveway width is three metres. 14. Despite subsection 4 (14), the minimum setback from a parking space to the point of intersection of two street lines is 4.7 metres. 15. The minimum setback to a street line for porches and verandas, patios and balconies is one metre. 16. Despite paragraphs 7 and 8, the minimum interior side yard setback for porches and verandas is 0.9 metres. 17. Stairs and accessible ramps must not encroach closer than 0.6 metres to a lot line. 18. Box or bay windows may encroach into a required yard up to a maximum of 0.6 metres for a width up to four metres. 19. For all dwelling types, except for apartment buildings and stacked townhouses, a balcony may encroach into the required interior side yard if the balcony is located on top of a porch or veranda. 20. If a garage is accessed from a rear lane, it may be set back 0.6 metres from the rear lot line. 21. Waste storage areas are not permitted as an accessory use to the permitted residential use unless they are, i. contained within the main building, or ii. located outside the main building within a deep collection waste disposal system located in the rear or interior side yard and set back three metres from any lot line. 22. The minimum required private outdoor amenity area per residential unit is six square metres, to be provided in a yard, patio, terrace or balcony. (5) A back-to-back townhouse shall meet the requirements of subsections 10 (3), (4) and (6). Open Space Special Provision 169 Zone 12. (1) This section applies to the lands located in the area shown as the Open Space Special Provision 169 Zone on the map referred to in section 2. (2) In addition to the uses permitted under section 3, the following uses are permitted on the lands described in subsection (1): 1. Recreation and athletic facilities. 2. Municipal roads and servicing infrastructure required for recreation and athletic facilities. (3) The zoning requirements for the Open Space Special Provision 169 Zone set out in Zoning By-law No. 144-2003 of the Town of Milton apply to the uses referred to in subsection (2). Terms of use 13. (1) Every use of land and every erection, location or use of any building or structure shall be in accordance with this Order. (2) Nothing in this Order prevents the use of any land, building or structure for any use prohibited by this Order if the land, building or structure is lawfully so used on the day this Order comes into force. (3) Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased and its original use is not altered. (4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure. Deemed by-law 14. This Order is deemed for all purposes, except the purposes of section 24 of the Act, to be and to always have been a by-law passed by the council of the Town of Milton. 15. Omitted (provides for coming into force of provisions of this Regulation).