Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 104/72

Restricted Areas — Regional Municipality of York, Town of Markham

Historical version for theperiod June 14, 2008 to March 2, 2010.

Note: This Regulation was consolidated under subsection 99 (3) of the Legislation Act, 2006 on June 30, 2009.

Last amendment: O.Reg. 397/06.

This Regulation is made in English only.

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CONTENTS

Sections
1
Application / 2
General / 3
Permitted Uses / 4-6.1
Building Line / 7-8
Rebuilding and Repairs / 9
Buildings to Front on Street / 10
One Single Dwelling Per Lot / 11
Home Occupation / 12-80
Schedule 1
Schedule 2
Schedule 4
Schedule 5
Schedule 6
Schedule 7
Schedule 8
Schedule 10
Schedule 11
Schedule 12
Schedule 14
Schedule 16
Schedule 17
Schedule 18
Schedule 19
Schedule 20
Schedule 21
Schedule 22
Schedule 23
Schedule 25
Schedule 26
Schedule 27
Schedule 59
Schedule 60
Schedule 65
Schedule 66

1.In this Order,

“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 and includes the erection of permanent dwellings and other auxiliary buildings necessary for the operation of the principal use;

“agriculture use” means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or bee-keeping and such uses as are customarily and normally related to agriculture, but shall not include,

(a)commercial mushroom farms,

(b)commercial riding establishments,

(c)commercial greenhouses, or

(d)kennels that are not part of a veterinarian establishment;

“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 dwelling, the floor area of a private garage, porch, veranda, unfinished attic, basement or cellar;

“frontage” means the width of a lot measured along a line 25 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 dwelling by members 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 2 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,

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

(B)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 land, or shown as a lot or block on a registered plan of subdivision or part thereof, and includes any parts of such parcel that are within a right of way or easement;

“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 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 the lot on which a building is situate unoccupied except for such accessory buildings as are permitted in this Order. O.Reg. 104/72, s.1; O.Reg. 360/72, s.1; O.Reg. 492/90, s.1.

Application

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

1.The easterly 1,000 feet of Lots 25 and 26, the easterly 500 feet of Lots 27 and 28, the easterly 1,580 feet of the northerly 158 feet of Lot 28 and the easterly 1,580 feet of the south half of Lot 29 in Concession V.

2.Lots 21, 22, 23, 24, 25, 26, 27, 28 and 29 in Concession VI save and except the westerly 250 feet of Lot 29 in Concession VI.

3.Lots 21, 22, 23, 24, 25, 26, 27, 28, 29 and the southerly quarter of Lot 30 in Concession VII, except that portion of Lot 21, Concession VII in the Town of Markham in The Regional Municipality of York, described as Part 1 on Reference Plan 65R-26907 and further described as part of Property Identifier Number 03062-0364 (LT), registered in the Registry Office for the Land Titles Division of York (No. 65).

4.That portion of Lots 19 and 20 east of the Little Rouge Creek and Lots 21, 22, 23, 24, 25, 26, 27, 28 and 29 and the southerly half of Lot 30 in Concession VIII, except for:

i.that portion of Lot 21 in Concession VIII more particularly described as follows:

Firstly:

Beginning at a point in the southerly limit of the said lot distant 2,937 feet measured westerly therealong from the southeast angle of the said lot;

Thence northerly parallel to the easterly limit of the said lot a distance of 660 feet to the point of commencement;

Thence continuing northerly parallel to the easterly limit of the said lot a distance of 660 feet to the northerly limit of the said lot;

Thence easterly along the northerly limit of the said lot a distance of 132 feet to a point;

Thence southerly parallel to the easterly limit of the said lot a distance of 660 feet to a point;

Thence westerly parallel to the southerly limit of the said lot a distance of 132 feet more or less to the point of commencement.

Secondly:

Beginning at a point in the southerly limit of the said lot a distance of 2,937 feet from the southeast angle of the said lot;

Thence northerly parallel to the easterly limit of the said lot a distance of 1,320 feet to the northerly limit of the said lot;

Thence westerly along the northerly limit of the said lot and parallel to the southerly limit of the said lot a distance of 363 feet to the centre of the said lot;

Thence southerly along the centre of the said lot a distance of 1,320 feet more or less to the southerly limit of the said lot;

Thence easterly along the southerly limit of the said lot a distance of 363 feet more or less to the place of beginning.

5.Revoked: O.Reg. 142/96, s.1 (4).

6.Revoked: O.Reg. 168/02, s.1.

7.Lots 17 to 29 inclusive and the southerly half of Lot 30 in Concession IX, save and except the following:

(i)those portion of Lots 17, 18, 19 and 20, south of Little Rouge Creek in Concession IX in the Town of Markham, in The Regional Municipality of York and shown on a map numbered 188 identified by the Registrar of Regulations Office on April 16, 1996 and filed with the Plans Administration Branch, Central and Southwest of the Ministry of Municipal Affairs and Housing at Toronto.

8.Lots 15 to 29, both inclusive, and the southerly quarter of Lot 30 in Concession X.

9.All original road allowances between or fronting the lands described in paragraphs 1 to 8. O.Reg. 57/84, s.1; O.Reg. 540/84, s.1; O.Reg. 420/93, s.1; O.Reg. 424/95, s.1; O.Reg. 142/96, s.1; O.Reg. 285/96, s.1; O.Reg. 62/99, s.1; O.Reg. 168/02, s.1; O.Reg. 608/05, s.1.

General

3.No land shall thereafter be used and building or structure shall hereafter be erected or used except in accordance with the terms of this Order, but nothing in this Order prevents the use of any land, building or structure for a purpose prohibited by this Order if such land, building or structure was lawfully used for such purpose on the day this Order comes into force, or prevents the erection or use of any building or structure the plans for which have, prior to the day this Order comes into force, been approved by the Town of Markham. O.Reg. 104/72, s.3.

Permitted Uses

4.Every use of land and every erection or use of buildings or structures within the Town of Markham is prohibited except, agricultural uses, and buildings and structures accessory thereto, including one single dwelling used in connection with each agricultural operation. O.Reg. 104/72, s.4; O.Reg. 492/90, s.2.

5.Requirements for agriculture uses and buildings and structures accessory thereto, including one single dwelling used in connection with the agriculture operation, are established as follows:

Minimum lot area / 25 acres
Minimum lot frontage / 600 feet
Minimum front, side and rear yards / 50 feet
Minimum ground floor area for dwelling / one storey—1,000 square feet
one and one-half storeys or more—750 square feet

O.Reg. 360/72, s.3; O.Reg. 492/90, s.3.

6.Single dwellings and buildings accessory thereto existing on the date this Order comes into force may be extended or enlarged provided that such single dwellings and buildings accessory thereto as extended or enlarged comply with the following requirements:

Minimum front yard / 25 feet
Minimum side yard / 10 feet on one side and 4 feet on the other side
Minimum rear yard / 25 feet

O.Reg. 104/72, s.6; O.Reg. 492/90, s.4.

6.1Buildings or structures accessory to single dwellings may be erected or built provided that such buildings or structures comply with the following requirements:

1.All accessory buildings which are not part of the main building shall be erected in the rear and shall be not less than two feet from any lot line.

2.All accessory buildings which are not part of the main building and are situate on a corner lot shall not be erected any closer to any street line than the main buildings on the two adjacent lots. O.Reg. 491/72, s.1; O.Reg. 492/90, s.5.

Building Line

7.No buildings or any part thereof shall be erected or extended nearer to the centre line of any street than in accordance with the following:

Provincial highways / 100 feet
Regional roads / 78 feet
Town roads and other roads or streets / 60 feet

O.Reg. 104/72, s.7.

8.Notwithstanding anything contained in this Order,

(a)the Town of Markham or any local board thereof, as defined in The Department of Municipal Affairs Act;

(b)any department or agency of the Government of Canada or Ontario;

(c)any telephone or telegraph company; and

(d)The Hydro-Electric Power Commission of Ontario,

may, for the purpose of providing a service to the public, use land and erect any building or structure, notwithstanding that the building, structure or use does not conform with the provisions of this Order. O.Reg. 104/72, s.8; O.Reg. 491/72, s.2.

Rebuilding and Repairs

9.(1)Nothing in this Order prevents the repair of reconstruction of any building or structure that is damaged or destroyed subsequent to the date this Order comes into force, provided that the dimensions of the original building or structure are not increased or its original use altered. O.Reg. 104/72, s.9 (1).

(2)Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure or part of any such building or structure. O.Reg. 104/72, s.9 (2).

Buildings to Front on Street

10.No person shall erect any building or structure unless the lot upon which such building or structure is to be erected fronts upon a street. O.Reg. 104/72, s.10.

One Single Dwelling Per Lot

11.No more than one single dwelling shall be erected on any one lot, but this section does not prohibit the erection of accessory buildings as temporary living accommodation for agricultural workers. O.Reg. 104/72, s.11; O.Reg. 492/90, s.6 (2).

Home Occupation

12.Nothing in this Order prevents the carrying on of a home occupation in a single dwelling. O.Reg. 104/72, s.12; O.Reg. 492/90, s.7.

13.Where a lot abuts navigable water, accessory buildings may be erected up to those portions of the lot boundary that so abut. O.Reg. 104/72, s.13.

14.Notwithstanding any other provision of this Order, the lands described in paragraphs 1 and 2 of Schedule 1 may each be used for the continued use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 100 feet
Minimum side yards / 10 feet

O.Reg. 115/79, s.1; O.Reg. 492/90, s.8.

15.Notwithstanding any other provision of this Order, the land described in Schedule 2 may be used for the erection and use thereon of a horse arena provided the following requirements are met:

Minimum front yard / 500 feet
Minimum side yards / 20 feet

O.Reg. 137/79, s.1.

16.Revoked: O.Reg. 57/84, s.2.

17.Notwithstanding any other provision of this Order, the land described in paragraph 1 of Schedule 4 may be used for the continued use thereon of a single dwelling and buildings and structures accessory thereto. O.Reg. 412/79, s.1; O.Reg. 492/90, s.9.

18.Notwithstanding any other provision of this Order, the land described in paragraph 2 of Schedule 4 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 40 feet
Minimum side yards / 10 feet
Minimum rear yard / 40 feet

O.Reg. 412/79, s.1; O.Reg. 492/90, s.10.

19.Notwithstanding any other provision of this Order, the land described in paragraph 1 of Schedule 5 may be used for the erection and use thereon of a single dwelling and buildings and structure accessory thereto provided the following requirements are met:

Minimum front yard / 25 feet
Minimum side yards / 10 feet on one side and 4 feet on the other side
Minimum rear yard / 25 feet

O.Reg. 528/79, s.1; O.Reg. 492/90, s.11.

20.Notwithstanding any other provision of this Order, the land described in paragraph 2 of Schedule 5 may be used for the continued use thereon of a single dwelling and buildings and structures accessory thereto. O.Reg. 528/79, s.1; O.Reg. 492/90, s.12.

21.Notwithstanding any other provision of this Order, the land described in Schedule 6 may be used for the erection and use thereon of an additional single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 7.5 metres
Minimum side yards / 3 metres
Minimum rear yard / 7.5 metres

O.Reg. 722/79, s.1; O.Reg. 492/90, s.13.

22.Notwithstanding any other provision of this Order, the existing barn on the land described in Schedule 7 may be used as a carpentry shop and a display room. O.Reg. 817/79, s.1.

23.Notwithstanding any other provision of this Order, the land described in Schedule 8 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 7.5 metres
Minimum side yards / 3 metres

O.Reg. 892/79, s.1; O.Reg. 492/90, s.14.

24.Revoked: O.Reg. 57/84, s.2.

25.Despite section 4, the single dwelling existing on the day this section comes into force, on the land described in Schedule 10 is permitted if the following requirements are met:

Minimum lot area / 0.49 hectares
Minimum lot frontage / 67.1 metres
Minimum front yard / 10 metres
Minimum side yard / 3 metres

O.Reg. 144/96, s.1.

26.Notwithstanding any other provision of this Order, the land described in Schedule 11 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum front yard / 7.5 metres
Minimum side yards / 3 metres
Minimum rear yard / 7.5 metres

O.Reg. 114/80, s.1; O.Reg. 492/90, s.16.

27.Notwithstanding any other provision of this Order, the land described in Schedule 12 may be used for the erection and use thereon of an additional chicken barn provided the following requirements are met:

Minimum front yard / 10 metres
Minimum side yards / 3 metres
Minimum rear yard / 10 metres

O.Reg. 561/80, s.1.

28.Revoked: O.Reg. 57/84, s.2.

29.Notwithstanding any other provision of this Order, the land described in Schedule 14 may be used for the erection and use thereon of a single dwelling and buildings and structures accessory thereto provided the following requirements are met:

Minimum lot area / 2,040 square metres
Minimum lot frontage / 30 metres
Minimum front yard / 7.6 metres
Minimum side yards / 3 metres
Minimum rear yard / 7.6 metres

O.Reg. 954/80, s.1; O.Reg. 492/90, s.17.

30.Revoked: O.Reg. 57/84, s.2.

31.Notwithstanding any other provision of this Order, the land described in Schedule 16 may be used for the erection and use thereon of a greenhouse and a dog kennel and buildings and structures accessory thereto provided the following requirements are met:

1.Requirements for the greenhouse:
Minimum distance between the greenhouse and the centre line of 9th Line / 37 metres
Minimum distance between the greenhouse and the northerly side lot line / 40 metres
Maximum ground floor area for the greenhouse / 665 square metres
2.Requirements for the dog kennel:
Minimum distance between the dog kennel and the centre line of 9th Line / 100 metres
Minimum distance between the dog kennel and the northerly side lot line / 100 metres
Maximum ground floor area for the dog kennel / 77.5 square metres

O.Reg. 1033/80, s.1.

32.Notwithstanding any other provision of this Order, the land described in Schedule 17 may be used for an agricultural use and buildings and structures accessory thereto provided the following requirements are met:

Minimum lot frontage / 91 metres
Minimum front yard / 7.6 metres
Minimum side yards / 13.3 metres on one side and 50 metres on the other side

O.Reg. 125/81, s.1.

33.(1)For the purposes of this section, a “golf course” does not include a driving range or a miniature golf course. O.Reg. 207/81, s.1.

(2)Notwithstanding any other provision of this Order, the land described in Schedule 18 may be used for a golf course and buildings and structures accessory thereto, including a club house, tennis court, shop and pump house, provided the following requirements are met:

Minimum lot frontage / 180 metres
Minimum lot area / 28 hectares
Except in the case of a tennis court, minimum distance between any building or structure and the centre line of Kennedy Road / 36.6 metres
Minimum distance between any building or structure and the side lot lines / 10.7 metres
Minimum distance between any building or structure and the rear lot line / 15.2 metres

O.Reg. 207/81, s.1.