ZONING ORDER - ONTARIO PLACE

Legislative History: 11/25, 18/26, 177/26. CONTENTS 1. Definitions and interpretation 2. Application 3. Non-application of policy statements, etc. 4. Non-application of s. 114 of the City of Toronto Act, 2006, site plan control area 5. Permitted uses 5.1 Permitted uses — Block 2 6. Zoning requirements 7. Other by-law 8. Terms of use 9. Deemed by-law Definitions and interpretation 1. (1) In this Order, “Block Map” means the map numbered 1 and filed at the Toronto office of the Ministry of Infrastructure located at 777 Bay Street; “Block 1” means a portion of the land described in subsection 2 (1) and identified as Parts 28, 29, 30, 39, 40, 41, 42 and 48 on Reference Plan 66R-34049, and includes the East Portion of Part 38 and the South Portion of Part 43 but excludes the West Portion of Part 48, as shown as Block 1 and outlined by heavy lines on the Block Map, except for the portion of the land defined as the Theatre Parcel and the East Plaza; “Block 2” means a portion of the land described in subsection 2 (1) identified as Parts 22, 26, 27, 33, 35, 36, 37, 38 and 46 on Reference Plan 66R-34049, and includes the North Portion of Part 43 and the West Portion of Part 48, but excludes the West Portion of Part 33 and the East Portion of Part 38, as shown as Block 2 and outlined by heavy lines on the Block Map; “Block 3” means a portion of the land described in subsection 2 (1) identified as the following: 1. Part 20 on Reference Plan 66R-34049. 2. The area within the following boundaries: i. A line drawn between Point ID 160 and Point ID 143 on Reference Plan 66R-34049. ii. The northern limit of Part 20 on Reference Plan 66R-34049 which extends between and intersects with Point ID 160 and Point ID 143. 3. The area within the following boundaries, with reference to L4, L5 and L19, as shown on Reference Plan 66R-34049: i. A line which, A. commences from a point on Line 5 (L5), where such point is 25.4 metres south of the intersection with Line 4 (L4) as measured along L5, which extends eastward at a 90 degree angle from L5 for a distance of 22.4 metres, B. then extends southeast at a 135 degree angle for a distance of 43.6 metres, C. then extends southward at a 135 degree angle for a distance of 66.8 metres, D. then extends southwest at a 135 degree angle for a distance of 56.8 metres, and E. then extends westward at a 135 degree angle until the point of intersection with Line 19 (L19). ii. The eastern limit of Part 20 on Reference Plan 66R-34049 which extends between and intersects with the portion of the line identified in sub-subparagraphs A and E. “Block 4” means a portion of the land described in subsection 2 (1) and identified as Parts 1, 10, 17, 18, 19, 21, 23, 24, 25, 31, 32, 34, 44 and 45 on Reference Plan 66R-34049, and includes the West Portion of Part 33, as shown as Block 4 and outlined by heavy lines on the Block Map; “Block 1 mainland” means the portion of Block 1 within 150 metres of the northern limit of Block 1, excluding shore lands; “Block 2 mainland” means the portion of Block 2 within 150 metres of the northern limit of Block 2, excluding shore lands; “Block 4 mainland” means the portion of Block 4 within 150 metres of the northern limit of Block 2, excluding shore lands, the west island and a bridge; “building envelope” means the exterior limit of Parts 45 and 17 as shown on Plan 66R-34049 and labelled as “building envelope” on the Block Map; “car share” means the practice of sharing the use of one or more cars that are owned by a for-profit or non-profit car-sharing organization and that are made available for short-term rental, including hourly rental; “east boundary” means the line extending from Point C to Point D as shown on the Block Map; “East Plaza” means the portion of Block 3 described in paragraph 3 of the definition of “Block 3”; “East Portion of Part 38” means Part 38 as shown on Reference Plan 66R-34049, excluding the portion within 163 metres of the western limit of Part 38; “floorplate” means the total area of a floor level or mezzanine level, of a building measured from the exterior of the main walls of the floor level or mezzanine level, including voids at the level of the floor, and areas occupied by stairwells, escalators, elevators, ventilation ducts or utility shafts; “Martin Goodman Trail” means the publicly accessible open space known as the Martin Goodman Trail; “multi-use path” means a pathway designed to accommodate pedestrians, bicycles or other recreational modes of travel, excluding cars and trucks, with the exception of emergency vehicles and vehicles providing goods or services to a waterpark and wellness facility; “north boundary” means the line extending from Point A to Point B as shown on the Block Map; “North Portion of Part 43” means the contiguous portion of Part 43 north of a line commencing from a point located at the intersection of the southwest corner of the West Portion of Part 48 with Part 43, extending westward at 90 degrees to the eastern limit of Part 43 for a distance of 77 metres, then southward at 90 degrees for a distance of 23 metres, then westward at 90 degrees for a distance of 6 metres, then southward at 90 degrees for a distance of 13 metres, then westward at 90 degrees for a distance of 40 metres, then north-westward at 45 degrees until such line connects with the limit of Part 44, with all reference to Parts being as shown on Reference Plan 66R-34049; “outdoor patio” means an outdoor patron area used for the purpose of a permitted non-residential use or ancillary to a permitted non-residential use; “personal service shop” means premises used to provide personal grooming services; “Point A” means the point labelled A on the Block Map, being the western limit of the line shown with a length of 15.1 metres and a bearing of north 55º24’40” east on Reference Plan 66R-34049; “Point B” means the point labelled B on the Block Map, being the point of intersection of Parts 17 and 19 on Reference Plan 66R-34049; “Point C” means the point labelled C on the Block Map, being the point of intersection of Parts 17 and 25 on Reference Plan 66R-34049; “Point D” means the point labelled D on the Block Map, being the southern point of the line having an arc of 23.06 metres and a bearing of north 4º40’20” west on Reference Plan 66R-34049; “Point E” means the point labelled E on the Block Map, being the western limit of the line having an arc of 26.75 metres and a bearing of north 76º42’40” east on Reference Plan 66R-34049; “publicly accessible open space” means landscaping that is available for use by the public, including seating areas, pools, water features, piers, permanent docks, beaches and recreational facilities, excluding shorelands; “public parking garage” means a building or a portion thereof, with one or more parking spaces used for the purpose of public parking or parking ancillary to a permitted use on the Blocks, where such building or a portion thereof may also include bicycle parking spaces; “seasonal buildings, structures and vehicles” means temporary buildings, structures and vehicles, including a tent, shipping container, kiosk, table, stage, band shell or other similar structures, erected and used for a period not exceeding 12 months for the purposes of accommodating temporary cultural, social, artistic, educational, recreational, entertainment, retail or food and beverage activities, and may include an entertainment place of assembly, a retail store, an eating establishment or a take-out eating establishment; “shore lands” means lands covered or seasonally covered by the water of Lake Ontario, excluding piers; “south boundary” means the line extending from Point D to Point E as shown on the Block Map; “Theatre Parcel” means the portion of Block 3 described in paragraph 2 of the definition of “Block 3”; “waterpark and wellness facility” means premises containing a wellness centre with massage therapy, saunas, thermal spas, a waterpark with waterslides and swimming pools, and may also include the following ancillary uses: 1. Personal service shops. 2. Aquariums and other aquatic features. 3. Retail stores. 4. Eating establishments, including take-out eating establishments. 5. Artist studios and art galleries. 6. Museums. 7. Entertainment places of assembly. 8. Places of assembly. 9. Recreation uses. “west boundary” means the line extending from Point A to Point E as shown on the Block Map; “west island” means that portion of Block 4 which does not abut the Block 4 mainland, excluding bridges and shore lands; “West Portion of Part 33” means the portion of Part 33, located west of a line commencing from the north east corner of Part 34 and extending north and parallel to the eastern limit of Part 33 to intersect with the northern limit of Part 33, with all references to Parts being as shown on Reference Plan 66R-34049; “West Portion of Part 48” means the portion of Part 48 within the area bounded by a line commencing from a point located on the western boundary of Part 48 that is 88 metres south of the intersection of the western boundary of Part 48 with the southeast corner of Part 26, extending eastward at 90 degrees from the western boundary of Part 48 for a distance of 20 metres, then southward at 90 degrees for a distance of 62 metres, then westward at 90 degrees until such line connects with the western limit of Part 48, with all reference to Parts being as shown on Reference Plan 66R-34049; “Zoning By-law” means Zoning By-law 569-2013 of the City of Toronto. O. Reg. 194/24, s. 1 (1); O. Reg. 18/26, s. 1; O. Reg. 177/26, s. 1. (2) In this Order, the South Portion of Part 43 refers to Part 43 on Reference Plan 66R-34049, excluding the following: 1. The contiguous portion of Part 43 west of a line commencing at the eastern most point of the line shown having a length of 39.14 metres and a bearing of north 56º59’00” east on Reference Plan 66R-34049, extending south and parallel to the east limit of Part 43 to intersect with the south limit of Part 43, with all reference to Parts being as shown on Reference Plan 66R-34049. 2. The North Portion of Part 43. O. Reg. 194/24, s. 1 (2). (3) In this Order, a reference to a “Block” refers to any one of Block 1, Block 2, Block 3 or Block 4, and a reference to the “Blocks” refers to Block 1, Block 2, Block 3 and Block 4 taken together. O. Reg. 194/24, s. 1 (3). (4) Words and expressions used in this Order have the same meaning as the corresponding words and expressions used in the Zoning By-law, except if otherwise defined in subsection (1). O. Reg. 194/24, s. 1 (4). Application 2. (1) This Order applies to land in the City of Toronto, in the Province of Ontario, being the land, (a) defined as Block 1, Block 2, Block 3 and Block 4 in subsection 1 (1), and (b) identified on Reference Plan 66R-34049, registered in the Land Registry Office for the Land Titles Division of Toronto (No. 80), as Part 1, Part 10, Parts 17 to 42 and Parts 44 to 48, as well as the South Portion of Part 43 and the North Portion of Part 43. O. Reg. 194/24, s. 2 (1); O. Reg. 177/26, s. 2. (2) The land described in subsection (1) shall be considered as a single lot, and despite any future severance, partition or division of the land, the Order shall apply to it as if no severance, partition or division occurred. O. Reg. 194/24, s. 2 (2). (3) Nothing in this Order or in the Zoning By-law shall prevent, (a) uses permitted by this Order within any building or structure that exists on the land described in subsection (1) on the day this Order comes into force; or (b) uses that exist on the land described in subsection (1) on the day this Order comes into force. O. Reg. 194/24, s. 2 (3). Non-application of policy statements, etc. 3. Policy statements issued under subsection 3 (1) of the Planning Act, provincial plans and official plans do not apply in respect of a licence, permit, approval, permission or other matter required before a use permitted by this Order may be established on the land described in subsection 2 (1). Non-application of s. 114 of the City of Toronto Act, 2006, site plan control area 4. Section 114 of the City of Toronto Act, 2006 does not apply to Block 1, Block 2, Block 3 and Block 4. O. Reg. 194/24, s. 4; O. Reg. 11/25, s. 1; O. Reg. 177/26, s. 3. Permitted uses 5. (1) Every use of land and every erection, location or use of any building or structure, including, for greater certainty, residential, hotel and casino uses, is prohibited on Block 1, Block 3 and Block 4, except for the following uses: 1. The uses permitted under clause 90.30.20.10 of the Zoning By-law. 2. Artist studio. 3. Day nursery. 4. Eating establishment. 5. Marina. 6. Outdoor patio. 7. Outdoor market. 8. Personal service shop. 9. Publicly accessible open space. 10. Recreational or commercial water craft uses, including a boating club, a school, rental crafts, ferry operations, water taxis, boat rides, cruises, water tours, mooring, launching and storage of watercrafts, water safety and life-saving facilities. 11. Renewable energy. 12. Retail store. 13. Seasonal buildings, structures and vehicles. 14. Take-out eating establishment. O. Reg. 194/24, s. 5 (1); O. Reg. 11/25, s. 2 (1); O. Reg. 177/26, s. 4 (1, 2). (2) In addition to the uses permitted under subsection (1), the following uses are permitted on Block 1: 1. Repair and maintenance of recreational boats and boat equipment. 2. Public parking. 3. Car share. 4. Transportation uses. 5. Public parking garage. 6. Artist studio. 7. Custom workshop. 8. Education uses. 9. Uses ancillary to uses on Block 3. O. Reg. 194/24, s. 5 (2); O. Reg. 18/26, s. 2 (1); O. Reg. 177/26, s. 4 (3). (3) In addition to the uses permitted under subsection (1), the following uses are also permitted on Block 3: 1. Automated banking machine. 2. Performing arts studio. 3. Production studio. O. Reg. 177/26, s. 4 (4). (4) In addition to the uses permitted under subsection (1), the following uses are permitted on Block 4: 1. Outdoor waterpark uses. 2. Wellness centre. 3. Massage therapy. 4. Waterpark and wellness facility. 5. With respect to the West Portion of Part 33, uses ancillary to the uses permitted on the rest of Block 4. O. Reg. 194/24, s. 5 (4). (5) Uses ancillary to a use set out in this section or subsection 5.1 (1) are permitted, including bike-share facilities, but not including, for greater certainty, residential, hotel and casino uses. O. Reg. 194/24, s. 5 (5); O. Reg. 18/26, s. 2 (2). Permitted uses — Block 2 5.1 (1) Every use of land and every erection, location or use of any building or structure, including, for greater certainty, residential, hotel and casino uses, is prohibited on Block 2, except for the following uses: 1. Artist studio. 2. Custom workshop. 3. Education use. 4. Museum. 5. Public parking. 6. Transportation uses. 7. Publicly accessible open space. 8. Uses ancillary to uses on Block 3. O. Reg. 11/25, s. 3; O. Reg. 18/26, s. 3; O. Reg. 177/26, s. 5. (2) Uses ancillary to the uses set out in subsection (1) are permitted, including bike-share facilities, but not including, for greater certainty, residential, hotel and casino uses. O. Reg. 11/25, s. 3. Zoning requirements 6. (1) Except as otherwise provided in this section, the zoning requirements for the uses permitted under sections 5 and 5.1 are the Open Space Recreation (OR) requirements set out in sections 90.5 and 90.30 and those set out in chapters 1, 5, 2, 200, 220, 230 and 800 of the Zoning By-law. O. Reg. 194/24, s. 6 (1); O. Reg. 11/25, s. 4 (1). (2) The following zoning requirements apply to the Blocks: 1. The following provisions of the Zoning By-law do not apply: i. Regulation 5.10.30.1 (1). ii. Clauses 5.10.40.1, 5.10.40.70 and 5.10.40.80. iii. Clauses 90.5.40.10 and 90.5.40.60. iv. Article 90.5.80. v. Clause 90.30.20.100, with respect to the uses permitted under subsection 5 (1) of this Order. vi. Article 90.30.40. vii. Article 200.5.10, Table 200.5.10.1 and Article 200.20.10. viii. Section 200.15. ix. Articles 220.5.10 and 220.20.1. 2. The gross floor area of a non-residential building shall be reduced by the area in the building used for, i. parking spaces, bicycle parking spaces and loading spaces that are below ground, including areas used for vehicle manoeuvring, ii. the required parking spaces, bicycle parking spaces and loading areas that are at ground or above ground, iii. storage, electrical, utility, mechanical and ventilation rooms, iv. shower and change facilities required by the Zoning By-law for the required bicycle parking spaces, v. elevator shafts, vi. mechanical penthouse, vii. exit stairwells in the building, viii. seasonal buildings, structures and vehicles, and ix. the area of any void adjacent a mezzanine or partial floor level. 3. There is no minimum building setback or minimum building separation requirement for any portion of a building or structure below the finished ground surface. 4. Parking spaces are permitted on a non-exclusive basis for uses occurring on the Blocks. 5. Parking spaces are permitted to be located within the premises of a public parking use. 6. Parking spaces in support of the uses permitted on the Blocks are permitted, subject to the requirements of this Order, and may be provided off-site. 7. A maximum of 10 surface parking spaces are permitted on each of Block 2, Block 3 and Block 4, excluding parking spaces located in a building, and more than 10 surface parking spaces are permitted on Block 1. 8. Parking spaces are permitted as carshare parking spaces. 9. Parking spaces must meet the minimum dimensions set out in clause 200.5.10 of the Zoning By-law, except that a maximum of 10 per cent of the total number of parking spaces may have a length of 5.6 metres and a width of 2.6 metres, despite one side of the parking space being obstructed. 10. The minimum dimensions of a perpendicular accessible parking space are 5.6 metres in length, 3.4 metres in width and 2.1 metres of vertical clearance. 11. The minimum dimensions of a parallel accessible parking space are 7.1 metres in length, 2.6 metres in width and 2.1 metres of vertical clearance. 12. The entire length of an accessible parking space must be adjacent to an accessible barrier-free aisle or path that is 1.5 metres in width. 13. Off-street accessible parking spaces must be clearly identified and provided in accordance with the following rules: i. If the number of parking spaces provided on a Block is 10 or fewer, at least one parking space must be provided as an accessible parking space. ii. If the number of parking spaces provided on a Block is between 11 and 100, at least one parking space for every 25 parking spaces or part thereof must be provided as an accessible parking space. iii. If the number of parking spaces provided on a Block is more than 100, at least five parking spaces must be provided as accessible parking spaces and at least one parking space for every 50 parking spaces or part thereof in excess of 100 parking spaces must be provided as accessible parking spaces. iv. Revoked: O. Reg. 18/26, s. 4 (3). v. All accessible parking spaces that exist on the Blocks on the day this Order comes into force are deemed to comply with the requirements set out in paragraphs 10, 11 and 12. 14. Long-term bicycle parking spaces within a building are permitted anywhere above or below ground. 15. Long-term bicycle parking spaces and short-term bicycle parking spaces are permitted to be located in stacked bicycle parking spaces. 16. Any bicycle parking space must be at least 0.45 metres in width. 17. A building or structure permitted by clause 2 (3) (a) that is damaged or destroyed by causes beyond the control of the owner may be repaired or restored if the repair or restoration does not alter the location of any part of the building or structure as it existed on the land described in subsection 2 (1) on the day this Order comes into force. 18. Not including the buildings or structures permitted under clause 2 (3) (a), a maximum of two bridges may connect to Block 3 from Block 1 or Block 2, in accordance with the following: i. One bridge is permitted a maximum width of 8.0 metres, a portion of which must connect to Block 3 between Point ID 141 and Point ID 142 on Plan 66R-34049. ii. One bridge is permitted a maximum width of 20.0 metres, excluding an architectural guard, guardrail or railing, and may only connect with Block 3 along the portion of Line 43 on Plan 66R-34049 located within 31 metres of Point ID 160 on Plan 66R-34049. iii. The bridge permitted by subparagraph i may only be used for vehicular and pedestrian purposes. iv. The bridge permitted by subparagraph ii may contain uses which are ancillary to uses permitted on Block 3. v. The bridge permitted by subparagraph ii may be enclosed provided, A. any enclosed portion is limited to a maximum height of 6.5 metres measured between the Canadian Geodetic Datum elevation of 78.0 metres and the highest point of the structure, and B. any enclosed portion must be located within 20 metres of Block 3, with the exception of a security, ticket or entrance booth. vi. For a minimum horizontal length of 12 metres, the bridge permitted by subparagraph ii must be located above the Canadian Geodetic Datum elevation of 78.1 metres, excluding supporting columns, piers or other elements required for structural support. O. Reg. 194/24, s. 6 (2); O. Reg. 18/26, s. 4 (1-4); O. Reg. 177/26, s. 6 (1, 2). (3) In addition to the requirements set out in subsection (1), the following requirements apply to Block 1: 1. Any public parking, car share and transportation uses on Block 1 must be located on the Block 1 mainland. 2. Subject to paragraph 3, the premises of any permitted non-residential use must not exceed a maximum gross floor area of 30 square metres. 3. The premises of an eating establishment, excluding the area of an outdoor patio, must not exceed a maximum gross floor area of 50 square metres, with the exception that two eating establishments, each with a gross floor area of 300 square metres or less, are permitted. 4. Paragraphs 2 and 3 do not limit the permitted gross floor area of premises used for a community centre, washroom, play structure or other recreational facility, an enclosed pedestrian and vehicular bridge, museum, education use, artist studio, custom workshop, public parking, public parking garage or marina, as well as ancillary uses, including but not limited to ancillary eating establishments. 5. Any building or structure on the Block 1 mainland must have a minimum setback of 2.0 metres from the Martin Goodman Trail, excluding the following: i. Public parking garages. ii. Structures associated with traffic control, including but not limited to traffic signals, gates and barriers. iii. Structures in support of active transportation, including but not limited to pedestrian and bicycle bridges, overpasses, ramps, stairs and elevators, which structures may be enclosed or unenclosed. 6. Article 230.5.10 (Bicycle Parking Rates) of the Zoning By-law does not apply. O. Reg. 194/24, s. 6 (3); O. Reg. 18/26, s. 4 (5). (4) In addition to the requirements set out in subsection (1), the following requirements apply to Block 2: 1. Any public parking uses on Block 2 must be located on the Block 2 mainland. 2. Any transportation uses on Block 2 must be located on the Block 2 mainland. 3. Revoked: O. Reg. 11/25, s. 4 (2). 4. Any building on the Block 2 mainland is permitted to a maximum of six storeys, excluding a mezzanine or partial floor level. 5. A building on the Block 2 mainland must be set back a minimum of 6 metres from the Martin Goodman Trail, with the exception that the portions of a building above a height of 9 metres as measured from the Canadian Geodetic Datum elevation of 76.5 metres are not required to be set back from the Martin Goodman Trail, provided that, above a height of 9 metres, the total horizontal length of main walls fronting onto Lake Shore Boulevard West do not exceed 50 per cent of the total horizontal length of Block 2 abutting Lake Shore Boulevard West. 6. Any building or structure on the Block 2 mainland must be set back a minimum of 58 metres from the eastern limit of Block 4, with the exception of the first storey of a building which must be set back a minimum of 70 metres from the eastern limit of Block 4, where the first storey is the level of a building closest to the finished ground surface abutting the building and where the midpoint between the lowest part of a floor and the ceiling directly above it is above the level of the finished ground. 7. Projections associated with the following structures may project beyond the required minimum setbacks set out in paragraph 6: i. Vents. ii. Stacks. iii. Shafts. iv. Landscape elements. v. Retaining walls. vi. Transformers. vii. Canopies. viii. Structures for weather protection. ix. Covered bicycle parking structures. x. A building used for the purpose of pedestrian entrance to an underground parking garage. xi. Enclosed or open-air exterior pedestrian bridges, including associated lobby areas, elevators, escalators, ramps and stairs. xii. Stairs, including associated structures and enclosures. xiii. Wind mitigation features. xiv. Public art features. xv. Structures for open air recreation. xvi. Structures associated with traffic control, including but not limited to traffic signals, gates and barriers. 8. The bridges described in subparagraph 7 xi may contain uses ancillary to the uses permitted on Block 2. 9. For the purposes of paragraph 4, the following structures and features are deemed not to be a storey and may project above the maximum number of storeys set out in that paragraph: i. Projections required for the functional operation of a building, such as electrical, utility, mechanical and ventilation equipment, as well as structures screening or enclosing such projections. ii. Terraces. iii. Structures for rooftop amenity spaces, and structures providing safety or wind protection on the rooftop. iv. Canopies and awnings. v. Washrooms. vi. Elevators, stairs, vestibules, lobbies and hallways providing access to a rooftop terrace or amenity space. vii. Premises containing food preparation facilities. O. Reg. 194/24, s. 6 (4); O. Reg. 11/25, s. 4 (2-5); O. Reg. 18/26, s. 4 (6-8). (5) In addition to the requirements set out in subsection (1), the following requirements apply to Block 3: 1. A maximum of 15,250 square metres of the Theatre Parcel may be covered by any part of a building or structure on or above the surface of the ground, including by a cantilevered portion of the building or portions which may be covered by a retractable roof, excluding retaining walls, stairs, ramps and a bridge across water, and excluding any temporary or retractable awnings, roofs or canopies. 2. A maximum of 4,000 square metres of the East Plaza may be covered by any part of a building or structure on or above the surface of the ground, including by a cantilevered portion of the building or areas covered by a retractable roof, excluding retaining walls, stairs, ramps and a bridge across water. 3. There is no maximum gross floor area requirement applicable to Block 3. 4. The height of a building or structure on Block 3 is the vertical distance between the Canadian Geodetic Datum elevation of 78.0 metres and the highest point of the building or structure. 5. Any portion of a building in the East Plaza is limited to a maximum height of 6.0 metres and one storey, where a storey is the level of a building where the midpoint between the lowest part of a floor and the ceiling directly above it is above the Canadian Geodetic Datum elevation of 78.0 metres. 6. Despite paragraph 5, a building or a portion of a building in the East Plaza located within 8.0 metres of lines L10 to L17 on Plan 66R-34049 is limited to a maximum height of 12.0 metres and may contain more than one storey. 7. Subject to paragraph 8, any portion of a building on the Theatre Parcel is limited to a maximum height of 40.0 metres. 8. Any portion of a building or structure located within 20 metres of Line 43 on Plan 66R-34049, except that portion within 10 metres of Line 44, is limited to a maximum height of 11.0 metres. 9. The following structures and features may project above the maximum building heights set out in paragraph 5: i. Vents, stacks and associated enclosures. ii. Elements and structures associated with green roof technology and related roofing material and a parapet wall for a green roof. 10. Any portion of a building or structure with a height greater than 15 metres must be set back a minimum of 45 metres from Point ID 167, Point ID 175 and Point ID 181 on Plan 66R-34049, excluding any ancillary buildings and structures. 11. A minimum of 10,000 square metres of the Theatre Parcel must be provided as soft landscaping. 12. A minimum of three pedestrian access entrances must be provided from the East Plaza into Block 1 and each pedestrian access entrance must, i. have a minimum width of 5.0 metres, and ii. be unenclosed, with the exception of structures for weather protection, gates or doors. 13. An entertainment place of assembly may or may not have fixed seating. 14. Article 230.5.10 (Bicycle Parking Rates) of the Zoning By-law does not apply. 15. Regulation 200.5.1.10 (3) (Parking Space Dimensions – Maximum) of the Zoning By-law does not apply. O. Reg. 194/24, s. 6 (5); O. Reg. 177/26, s. 6 (3). (6) In addition to the requirements set out in subsection (1), the following requirements apply to Block 4: 1. A waterpark and wellness facility is permitted as a principal use. 2. The total combined gross floor area of all buildings and structures must not exceed 63,000 square metres and, in addition, if there is a building containing a waterpark and wellness facility, the combined gross floor area of all uses that are not located in the same building must not exceed the gross floor area of the building containing the waterpark and wellness facility. 3. Publicly accessible open space must be provided on Block 4 in accordance with the following rules: i. A minimum of 6.4 hectares of publicly accessible open space must be provided and may include areas on the roof of a building, areas of a green roof and areas on a bridge. ii. The space described in subparagraph i must include a minimum of 5 hectares, excluding areas on the roof of a building and areas on a bridge. iii. The space described in subparagraph ii must include a continuous loop of publicly accessible open space in accordance with the following requirements: A. The space must be provided around the entire west island adjacent to the shore lands or to the boundary between Block 4 and Block 1. B. The space must have a minimum width of 20 metres, and include a multi-use path of a minimum width of 6 metres, with the following exceptions: 1. The space may be reduced to a width of 6 metres and must contain only a multi-use path where the space is either below any portion of the west island covered by a bridge connecting to the Block 4 mainland or is within 40 metres of that bridge. 2. The space may be reduced to a width of 18 metres and must include a multi-use path having a minimum width of 6 metres, where the space is both adjacent to the shore lands and opposite the east boundary of the building envelope shown on the Block Map. iv. The space described in subparagraph i must include a bridge connecting the west island to the Block 4 mainland that has publicly accessible open space areas comprised of two separate multi-use paths along the outside limits of the bridge. v. The multi-use paths described in subparagraph iv must have a minimum width of, A. 6 metres in the case of the path along the northerly outside limit of the bridge, and B. 4 metres in the case of the path along the southerly outside limit of the bridge. vi. No more than 30 per cent of the space described in subparagraph ii may be occupied by buildings and structures, subject to the requirements set out in paragraphs 4 and 5. 4. The following requirements apply to buildings located outside of the building envelope on the west island: i. A maximum of seven individual buildings are permitted with a combined gross floor area not exceeding 1,300 square metres. ii. Only one individual building is permitted to contain a gross floor area of up to 400 square metres, while the rest of the buildings are permitted to contain a gross floor area of up to 300 square metres each. 5. A maximum of 45,000 square metres of Block 4 may be covered by any part of a building or structure containing a waterpark and wellness facility on or above the surface of the ground, including by a cantilevered portion of the building and a bridge across water. 6. The height of a building or structure on Block 4 is the vertical distance between the Canadian Geodetic Datum elevation of 78.5 metres and the highest point of the building or structure, excluding projections permitted by paragraphs 15 and 16. 7. On the west island, the maximum building height is 44 metres. 8. On the Block 4 mainland, the maximum building height is 25 metres. 9. A bridge connecting the Block 4 mainland and the west island is permitted up to a maximum building height of 15 metres. 10. On the west island, a building used for the purpose of a waterpark and wellness facility is subject to the following requirements: i. A building must be located within the building envelope, with the exception of permitted projections. ii. Any portion of a building that exceeds 25 metres in height must be set back at least, A. 10 metres from the north boundary of the building envelope, B. 25 metres from the west boundary of the building envelope, C. 45 metres from the south boundary of the building envelope, and D. 9.7 metres from the east boundary of the building envelope. iii. Despite sub-subparagraphs ii B and C, any portion of a building that exceeds 35 metres in height must be set back at least, A. 50 metres from the west boundary of the building envelope shown on the Block Map, and B. 84 metres from the south boundary of the building envelope shown on the Block Map. iv. A maximum of two separate building elements are permitted to be located above a height of 35 metres, as long as, A. the total floorplate size of all floor levels and mezzanine levels in both building elements does not exceed a combined total of 4,100 square metres, and B. any single floor level or mezzanine level in the building elements does not exceed a maximum floorplate size of 2,400 square metres. 11. The building described in paragraph 10 excludes any portion used for a bridge, and such bridge may be enclosed and include gross floor area, including the associated ramps connecting the west island to the Block 4 mainland. 12. There is no minimum setback for a bridge. 13. Any building or structure on the Block 4 mainland must be set back at least 6 metres from the Martin Goodman Trail, excluding ramps. 14. There is no minimum setback on the west island, except for what is required by paragraph 10. 15. The following structures and features may project above the maximum building heights set out in paragraphs 7, 8, 9 and 10: i. Public art features. ii. Structures for weather protection. iii. Exterior pedestrian bridges. iv. Landscape features. v. Terraces. vi. Lightning rods. vii. Structures supporting vegetation and planting on the building and pedestrian bridge. viii. Exit stairs and associated structures and enclosures, telecommunication equipment, antennas, structures and elements related to drainage and roof assemblies, and structures and elements associated with green energy and renewable energy facilities, up to a maximum of 5 metres. ix. Architectural features, parapets, structural supports for glazed roof areas, light fixtures and architectural screens, up to a maximum of 4 metres. x. Structures providing safety or wind protection, or rooftop amenity space and vestibules providing access to rooftop amenity space, open air recreation structures including a pool and associated equipment, up to a maximum of 4 metres. xi. Elements and structures associated with green roof technology and related roofing material, and a parapet wall for a green roof, up to a maximum of 4 metres. xii. Cooling towers, vents, chimneys, flues, stacks, and mechanical fans, up to a maximum of 3 metres. xiii. Projections permitted by paragraph 16. 16. The following structures and features may encroach into the minimum building setbacks set out in subparagraphs 10 ii and iii: i. Public art features. ii. Exterior shade structures. iii. Pedestrian bridges. iv. Landscape features. v. Wind mitigation features. vi. Stairs. vii. Planters. viii. Retaining walls. ix. Railings. x. Architectural features, up to a maximum of 1 metre. xi. Access ramps, patios and terraces, up to a maximum of 3 metres. xii. Awnings, canopies and roof overhangs, up to a maximum of 5 metres. xiii. The projections permitted by paragraph 15. 17. The exterior wall of any building or structure located on the west island within the building envelope must not contain any openings, including any operable windows, doors and vents, at or below the flood protection limit, being the Canadian Geodetic Datum elevation of 77 metres. 18. A minimum number of three Type B loading spaces and two Type C loading spaces must be provided on the Block 4 mainland. 19. A minimum of 200 short-term bicycle parking spaces and 20 long-term bicycle parking spaces must be provided on the Block 4 mainland. 20. Article 230.5.10 (Bicycle Parking Rates) of the Zoning By-law does not apply. O. Reg. 194/24, s. 6 (6). Other by-law 7. None of the provisions of By-law 438-86, as amended, for the former City of Toronto apply to the land described in subsection 2 (1). Terms of use 8. (1) Every use of land and every erection, location and use of buildings or structures 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 9. This Order is deemed for all purposes, except the purposes of section 24 of the Planning Act, to be and to always have been a by-law passed by the council of the City of Toronto. 10. Omitted (provides for coming into force of provisions of this Regulation).