Ontario Planning and Development Act, 1994
Loi de 1994 sur la planification et l’aménagement du territoire de l’Ontario

ONTARIO REGULATION 473/73

formerly under The Parkway Belt Planning and Development Act, 1973
formerly under Parkway Belt Planning and Development Act

Regional Municipality of York, Town of Markham

Historical version for theperiod April 28, 2015 to December 5, 2016.

Note:This Regulation was consolidated under subsection 99 (3) of the Legislation Act, 2006 on November 18, 2013.

Last amendment: O.Reg. 28/15 (as am. by O. Reg. 96/15).

This Regulation is made in English only.

CONTENTS

Sections
PART I
Interpretation / 1
Application / 2-3
Permitted Uses / 4-7
Building Line / 8-9
Rebuilding and Repairs / 10
Buildings to Front on Street / 11
Home Occupation / 12-79
PART II / 80-88
Schedule 1
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 7
Schedule 8
Schedule 9
Schedule 10
Schedule 11
Schedule 12
Schedule 13
Schedule 15
Schedule 16
Schedule 17
Schedule 18
Schedule 19
Schedule 20
Schedule 21
Schedule 22
Schedule 23
Schedule 24
Schedule 25
Schedule 26
Schedule 27
Schedule 28
Schedule 30
Schedule 31
Schedule 32
Schedule 33
Schedule 35
Schedule 36
Schedule 37
Schedule 38
Schedule 39
Schedule 40
Schedule 41
Schedule 43
Schedule 44
Schedule 47
Schedule 48
Schedule 49
Schedule 50
Schedule 51

Part I

Interpretation

1.In this Regulation,

“accessory”, when used to describe a use, building or structure, means a use, building or structure normally incidental or subordinate to the principal use, building or structure located on the same lot;

“agricultural use” includes a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping;

“dwelling” means one or more habitable rooms designed for use by and occupied by not more than one household and in which separate kitchen and sanitary facilities are provided for the exclusive use of the household, with a private entrance from outside the building or from a common hallway or stairway inside the building;

“floor area” means the total area of all floors contained within the outside walls of a building, excluding in the case of a single dwelling, the floor area of a private garage, porch, verandah, unfinished attic, basement or cellar;

“frontage” means the width of a lot measured along a line twenty-five feet back from the street and parallel to the lot line abutting the street;

“front yard” means a yard extending across the full width of a lot on which a building is situate, and extending from the front lot line to the main wall of the building for which such front yard is required that is nearest to the front lot line;

“home occupation” means any occupation for gain or support conducted entirely within a single or semi-detached dwelling by one or more member of the household residing in the dwelling, provided that,

(a)there is no external display or advertising other than a sign having a total display area not exceeding two square feet.

(b)there is no external storage of goods or materials, and not more than 25 per cent of the total floor area is used for the home occupation use, and

(c)there are no persons employed in the dwelling except,

(i)the members of the household residing in the dwelling, or

(ii)in the case of a dentist, physician or veterinarian, a staff of one person;

“household” means one or more persons living as a single housekeeping unit in one dwelling;

“lot” means a parcel of land, described in a deed or other document legally capable of conveying title to or interest in land, or shown as a lot or block on a registered plan of subdivision;

“lot area” means the total horizontal area within the lot lines of a lot;

“rear yard” means a yard extending across the full width of a lot on which a building is situate, and extending from the rear lot line to the main wall of the building for which such rear yard is required that is nearest to the rear lot line;

“side yard” means a yard extending from the front yard to the rear yard and from the side lot line to the main wall of the building for which such side yard is required that is nearest to the side lot line;

“single dwelling” means a separate building containing only one dwelling;

“street” means a public highway that is a principal means of access to abutting lots, that is under the jurisdiction of the Province of Ontario or the Regional Municipality of York or the Town of Markham, or is a road within a registered plan of subdivision, or is a road the maintenance of which has been assumed by the town;

“yard” means a space open from the ground to the sky on a lot on which a building is situate which space is unoccupied except for such accessory buildings as are permitted in this regulation. O.Reg. 473/73, s.1; O.Reg. 700/91, ss.1, 2.

Application

2.This Order applies to the following lands in the Town of Markham in the Regional Municipality of York and being composed of:

(i)The north half of Lot 34 and the whole of Lot 35 in Concession I excepting the following parcels of land:

1.That parcel of land situate in the Town of Markham in the Regional Municipality of York, being composed of that part of Lot 34 in Concession I of the said Town, more particularly described as follows:

Commencing at a point in the original easterly limit of Yonge Street, the said point being distant 909 feet, 3 inches measured northerly thereon from the southwesterly angle of the said Lot 34, being the northwesterly angle of the lands described in an Instrument registered in the Land Registry Office for the Registry Division of Toronto Boroughs and York South (No. 64) as Number 28235;

Thence easterly along the northerly limit of the lands described in the said Instrument a distance of 17 feet to a point in the easterly limit of Yonge Street, as widened, by a Plan of the Ministry of Transportation and Communications registered in the said Land Registry Office as Number 51475, which is the place of beginning;

Thence continuing easterly along the northerly limit of the lands described in the said Instrument a 532.36 feet;

Thence southerly and parallel to the easterly limit of Yonge Street a distance of 140 feet;

Thence westerly and parallel to the northerly limit of the lands described in the said Instrument a distance of 532.36 feet to the easterly limit of Yonge Street, as widened;

Thence northerly along the easterly limit of Yonge Street, as widened, a distance of 140 feet to the place of beginning.

2.That parcel of land situate in the Town of Markham in The Regional Municipality of York, being composed of that part of Lot 34 in Concession I, of the said Town of Markham, more particularly described as follows;

Beginningat a place in the easterly limit of Yonge Street where it is intersected by a fence line which said fence line is at a distance of 669 feet, 3 inches measured northerly thereon from the southwesterly angle of the said Lot;

Thence easterly along the said fence line and parallel with the southerly limit of the said Lot a distance of 549 feet, 6 inches to a point;

Thence northerly parallel with the easterly limit of Yonge Street a distance of 100 feet to a point;

Thence westerly parallel with the beforementioned fence line a distance of 549 feet, 6 inches to a point in the eastern limit of Yonge Street;

Thence southerly along the said easterly limit of Yonge Street a distance of 100 feet to the place of beginning;

Excepting the lands expropriated by an Instrument registered in the Land Registry Office for the Registry Division of Toronto Boroughs and York South (No. 64) as Number 30245.

3.That parcel of land situate in the Town of Markham in The Regional Municipality of York, being composed of those parts of Lots 39, 40, 41 and 103 according to a Plan registered in the Land Registry Office for the Registry Division of Toronto Boroughs and York South (No. 64) as Number 2386, more particularly described as follows:

Premising that the easterly limit of Ruggles Avenue shown on the said Plan, having a bearing of north 9° 43' west, governs all bearings herein;

Beginning in the westerly limit of the said Lot 103 at a point distant 64 feet north of an iron bar planted in the southwesterly angle of the said Lot 103;

Thence north 9° 43' west a distance of 64 feet along the westerly limit of the said Lots 103 and 39, being the east side of Ruggles Avenue, to a point distant 4 feet north of the southwesterly angle of the said Lot 39;

Thence north 73° 10' 40" east and parallel to the southerly limit of the said Lot 103 a distance of 300 feet, more or less, to a point in the easterly limit of Lot 41 distant 4 feet north of the southeasterly angle of the said Lot 41;

Thence south 9° 42' 10" east along the easterly limit of the said Lot 41 and continuing south in a straight line parallel to the westerly limit of the said Lot 103 to a point distant 60 feet south of the southeasterly angle of the said Lot 41;

Thence south 73° 10' 40" west and parallel to the southerly limit of the said Lot 103 a distance of 300 feet, more or less, to a point in the westerly limit of the said Lot 103, being the place of beginning.

4.That parcel of land situate in the Town of Markham in The Regional Municipality of York, formerly in the Township of Markham in the County of York, being composed of Lot 94 on a Plan registered in the Land Registry Office for the Registry Division of Toronto Boroughs and York South (No. 64) as Number RP2386.

5.That parcel of land situate in the Town of Markham in The Regional Municipality of York, formerly in the Township of Markham in the County of York, being composed of those parts of Lots 34 and 35 in Concession I more particularly described as follows:

Beginning at the southwesterly angle of Lot 16 as shown on a Plan registered in the Land Registry Office for the Registry Division of Toronto Boroughs and York South (No. 64) as Number 2386;

Thence northerly along the westerly limit of lots 16, 17, 18 and 19 as shown on the said Plan to the northwesterly angle of the said Lot 19;

Thence northeasterly to a point in the northerly limit of Lot 20 as shown on the said Plan distant 35 feet measured easterly therealong from the northwesterly angle of the said Lot 20;

Thence easterly along the northerly limit of that Lot to the northeasterly angle of the said Lot 20;

Thence southerly along the easterly limit of the said lots 20 and 19 to the southeasterly angle of the said Lot 19;

Thence north 73° 07' east 66.42 feet to a point in the easterly limit of Church Street;

Thence north 9° 45' east 75 feet to a point;

Thence northeasterly to a point on the southerly limit of Lot 30 as shown on the said Plan distant 65 feet therealong from the southeasterly angle of that Lot;

Thence northeasterly in a straight line to a point in the westerly limit of Lot 37 as shown on the said Plan distant 45 feet measured southerly therealong from the northwesterly angle of that Lot;

Thence easterly to a point in the easterly limit of the said Lot 37 distant 25 feet measured southerly therealong from the northeasterly angle of that Lot;

Thence easterly to a point in the westerly limit of Ruggles Avenue distant 10 feet measured southerly therealong from the southerly limit of the road allowance between Lots 35 and 36;

Thence easterly to the intersection of the easterly limit of Ruggles Avenue and the southerly limit of the said road allowance;

Thence easterly along that southerly limit to a point distant 98 feet measured easterly therealong from the easterly limit of Essex Avenue;

Thence easterly to a point in the easterly limit of Lot 60 as shown on the said Plan distant 15 feet measured southerly therealong from the northeasterly angle of that Lot;

Thence easterly to a point in the easterly limit of Lot 61 as shown on the said Plan distant 40 feet measured southerly therealong from the northeasterly angle of that Lot;

Thence easterly in a straight line to a point in the westerly limit of Sussex Avenue distant 205 feet measured southerly therealong from the southerly limit of the said road allowance;

Thence easterly to a point in the easterly limit of Sussex Avenue distant 220 feet measured southerly therealong from the southerly limit of the said road allowance;

Thence easterly to a point in the westerly limit of Lot 69 as shown on the said Plan distant 85 feet measured northerly from the southwesterly angle of that Lot;

Thence easterly to a point in the easterly limit of that Lot distant 25 feet measured northerly therealong from the southeasterly angle of the said Lot 69;

Thence southeasterly in a straight line to a point in the westerly limit of Lot 79 as shown on the said Plan distant 80 feet measured southerly therealong from the northwesterly angle of that Lot;

Thence southeasterly to a point in the southerly limit of Lot 80 as shown on the said Plan distant 165 feet measured easterly therealong from the southwesterly angle of that Lot;

Thence easterly along the southerly limit of that Lot to the easterly limit of the said Lot 35;

Thence southerly along the easterly limit of Lots 35 and 34 to the southerly limit of the north half of the said Lot 34;

Thence westerly along the southerly limit of the north half of that Lot to the westerly limit of that Lot;

Thence northerly along the westerly limit of Lots 34 and 35 to the southerly limit of the said Plan;

Thence easterly along that southerly limit to the westerly limit of Church Street to the place of beginning.

6.That parcel of land situated in the Town of Markham in The Regional Municipality of York being composed of part of Lot 35 in Concession 1, East of Yonge Street, described as follows:

That part of Lot 22 on Registered Plan 2386 more particularly described as Part 1 on Reference Plan 65R-28842 and identified as Property Identifier Number 03028-0822 (LT); and

Lot 21 on Registered Plan 2386 save and except Part 1 on Expropriation Plan R-654560 and identified as Property Identifier Number 03028-0002 (LT); and

Those parts of Lots 6 and 21 on Registered Plan 2386 more particularly described as Part 2 on Reference Plan 65R-28842 and identified as Property Identifier Number 03028-0001 (LT); and

That part of Lot 7 on Registered Plan 2386 more particularly described as Part 3 on Reference Plan 65R-28842 and identified as Property Identifier Number 03028-0819 (LT); and

Those parts of Lots 8, 9, 10 and 11 on Registered Plan 2386 more particularly described as Part 4 on Reference Plan 65R-28842 and identified as Property Identifier Number 03028-0820 (LT); and

Part of Benson Avenue established by Registered Plan 2386 more particularly described as Parts 3, 4 and 5 on Reference Plan 65R-16388 and identified as Property Identifier Number 03028-0798 (LT); and

Those parts of Lots 12, 13, 14 and 15 on Registered Plan 2386 more particularly described as Parts 6, 7, 8, 9 and 10 on Reference Plan 65R-16388 and identified as Property Identifier Number 03028-0007 (LT).

7.That parcel of land situated in the Town of Markham in The Regional Municipality of York being composed of part of Lot 35 in Concession 1, East of Yonge Street, described as follows:

That part of Lot 63 and part of Lot 64 on Plan 2386 Markham more particularly described as Part 3 on Reference Plan 65R-17163 and identified as Property Identifier Number 03028-0078 (LT);

That part of Lot 65 on Plan 2386 Markham more particularly described as Part 7 on Reference Plan 65R-17163 and identified as part of Property Identifier Number 03028-0815 (LT);

That part of Lot 65 on Plan 2386 Markham more particularly described as Part 8 on Reference Plan 65R-17163 and identified as Property Identifier Number 03028-0079 (LT);

That part of Lot 66 on Plan 2386 Markham more particularly described as Part 15 on Reference Plan 65R-17163 and identified as part of Property Identifier Number 03028-0080 (LT).

8.That parcel of land situated in the Town of Markham in The Regional Municipality of York being composed of part of Lot 35 in Concession 1, East of Yonge Street, described as Part 1 on Reference Plan 65R-32615 and Parts 1 and 2 on Reference Plan 65R-32618 identified as part of Property Identifier Number 03028-0094 (LT) deposited in the Land Registry Office for the Land Titles Division of York Region (No. 65).

(i.1)Revoked: O.Reg. 693/75, s.1 (1).

(ii)The east quarter of Lot 5, the east half of Lot 6 and lots 7 to 10, both inclusive, in Concession II, excepting the following parcels of land:

1.All that parcel of land situate in the Town of Markham in The Regional Municipality of York, being composed of part of Lot 7 in Concession II of the said Town more particularly described as follows:

Premising that all bearings herein are astronomic and are derived from the bearing north 10° 45' 20" west for the easterly limit of Bayview Avenue as widened and shown on a Plan deposited in the Land Registry Office for the Land Registry Division of the Toronto Boroughs and York South (No. 64) as Number 5704.

Beginning at a survey monument in the line of a fence marking the northerly limit of Lot 7 in Concession II, which survey monument may be located in the following manner:

Commencing at the northwest comer of the said Lot;

Thence north 71° 25' 40" east along the northerly limit of the said Lot 31.21 feet to a survey monument at the intersection of the said northerly limit with the last-mentioned easterly limit of Bayview Avenue, being the place of beginning.

Thence north 71° 29' 40" east along the said northerly limit 333.98 feet to a survey monument marking a bend therein;

Thence north 71° 34' 30" east continuing along the said northerly limit 436.60 feet to a survey monument marking a bend therein;

Thence north 71° 55' 30" east again continuing along the said northerly limit 426.16 feet to a survey monument;

Thence north 71° 10' 20" east along the line of an old fence marking the said northerly limit 58.25 feet to a survey monument marking a bend therein;

Thence north 74° 38' 50" east along the said northerly limit 457.04 feet to a survey monument marking a bend therein;

Thence north 74° 42' 40" east along the said northerly limit 326.49 feet to a survey monument marking a bend therein;

Thence north 73° 05' 00" east again continuing along the said northerly limit 464.98 feet to a survey monument marking a bend therein;

Thence north 72° 43' 10" east again continuing along the said northerly limit 364.21 feet to a survey monument marking a bend therein;

Thence north 72° 42' 10" east again continuing along the said northerly limit 7.95 feet to a survey monument therein;

Thence south 28° 44' 10" east 82.15 feet to a survey monument;

Thence south 4° 50' 00" east 21.62 feet to a survey monument;

Thence south 22° 35' 20" east 68.61 feet to a survey monument;

Thence south 39° 10' 20" east 179.23 feet to a survey monument;

Thence south 51° 50' 20" east 299.31 feet to a survey monument;

Thence south 64° 49' 00" east 66.64 feet to a survey monument in the line of a fence marking the easterly limit of the west half of the said Lot;