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HomeMy WebLinkAboutDSD-2021-42 - New Zoning By-law (Stage 2a) – Residential Base ZonesZ Planning and Strategic Initiatives Committee REPORT TO: DATE OF MEETING:May 10, 2021 SUBMITTED BY:Bustamante, Rosa,Director of Planning, 519-751-2200 Ext. 7319 PREPARED BY:Kelly-Ruetz, Richard,Project Manager,519-741-2200 ext. 7110 Donegani, Tim, Senior Planner,519-741-2200 ext. 7067 WARD(S) INVOLVED:All Wards DATE OF REPORT:April 28, 2021 REPORT NO.:DSD-2021-42 New Zoning By-law (Stage 2a) Residential Base Zones SUBJECT: Comprehensive Review of the Zoning By-law (CRoZBy) Project-Final Approval RECOMMENDATION: That the City-initiated Zoning By-law amendment ZBA19/011/COK/TDto By-law2019- 51(CRoZBy Stage 2a-Residential Base Zones),be approved in the form shown in the -dated April 28, 2021,and included as Attachment A to report DSD- 2021-42. REPORT HIGHLIGHTS: In October 2019 Council endorsed CRoZBy Stage 2a Residential Base Zones. Now that appeals to CRoZBy Stage 1(Zoning By-law 2019-051)have been resolved, staff recommend that CRoZBy Stage 2aResidential Base Zones,beapproved. Approving Stage 2a will set the stage for phased completion of CRoZBy, the new zoning by-law over the next several years. Theonly difference between the proposed by-law and the one endorsed by Council in October 2019 are minor revisions tothe regulation of Detached Additional Dwelling Units (backyardhomes)to mirror amendmentsto Zoning By-law 85-1approved by th Council on April 26,2021. BACKGROUND: On October 22,2019,Council consideredReport DSD-2019-233 (included as Attachment B)and endorsedCRoZByStage 2a, the residential base zones component of the new Zoning By-law2019-051.However,because Stage 1 of CRoZBy was under appeal at that time, Zoning By-law 2019-51 could not be amended to incorporate the residential zones. The Council resolution provided for Stage 2a to receive its third reading,and finalapproval once appeals to CRoZBy Stage 1 were resolved as described in C: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 That theCity-initiated Official Plan Amendment regardingadditional dwelling units, Attached to Development Services Department reportDSD-19-233 as Appendix beAdopted and accordingly forwarded to the Regionof Waterloo for approval; and That theCity-initiated Zoning By-law Amendment to implement CRoZBy Stage2a - Residential Base Zones, attached to ReportDSD-19-and amendedby adding the following- date on which the lands to which the provisions of section 18apply, were included onugh the initial passing of thisby-law, or by approved, and receive three readings once By-law 2019-51 (CRoZByStage1) is deemedto be in effect, either in whole or in part; and further, That the issue of regulation of lodging houses in theOfficial Plan and Zoning By-law bereferredtotheAffordableHousingStrategyforfurther The Local Planning Appeals Tribunal scoped appeals to CRoZBy Stage 1in December 2020 and brought Zoning By-law 2019-51into full force and effect;therefore, the residential base zones cannowbeadded to Zoning By-law 2019-51. Because18 months have passedsince theOctober 2019statutorypublic meeting, staff see value in holding another statutory public meeting to consider the amendment. The purpose of this report is to: 1.Recommend approval of CRoZBy Stage 2a and add the residential base zonesto Zoning By-law 2019-51; 2.Provide a status update and next steps for the completion of the CRoZBy project; 3.Provide a status update on the review of lodging house policies and regulations; and, 4.Provide a status update on the recommendations of the Residential Intensification in Established Neighbourhoods Study(RIENS). REPORT: 1.Final Approval of CRoZBy Stage 2a-Residential base zones Report DSD-2019-233 (included as Attachment B)provided the specifics and rationalefor CRoZBy Stage 2a in detail.ReportDSD-2021-42is an addendum to DSD-2019-233 that providesa status update on CRoZByand relatedinitiatives,but does not duplicatethat description or rationale. The Zoning By-law now recommended for approval (included asAttachmentA) is very similar to the oneconsidered by Council in 2019.Minor revisions are proposedfor: the regulationsof Detached AdditionalDwelling Units(backyard homes)to mirror the zoningthat Council approved in April 2021anddescribed in report DSD-2021-9; and, amendmentsto the definitionsof rear and exterior side yards to regulate detached ADUs and accessory structures; and Limiting the legalization of existing residential buildings to the current unit dwelling type. 2 - 2 2.CRoZBystatus andnext steps The new Zoning By-law 2019-51 isbeing introduced in stages. Approving the residential base zones now through CRoZBy Stage 2a will set the stage for subsequent stages and the ultimate completion of the CRoZBy project.Thisphased approach also reduces the risk that city-wide zoning reform will be delayed by site specific appeals.Thephasing of CRoZBy is described below: CRoZBy Stage 1introducedthe structure of the new zoning by-law andapplies zoning to most non-residential zones. It was approved inApril 2019 and cameinto full force(except for one site-specific appeal) in December 2020. CRoZBy Stage 2aintroducesthe Residential zone categories,permitted uses and regulations.It streamlines the nine from zoningby-law 85-1into seven to allign with the Low, Medium and High Rise residentilal land use designations in the Official Plan. It does not apply the newresidential zones to any properties.That will be done through subsequent projects.Staff are seekingCouncil approvalof Stage 2a through this report and its recommendations. The Neighborhood Planning Review(NPR)implements the residentialand non- residential zones withinseven secondary plan areasthat are currently under review. Many of these lands are located in Major Transit Station Areas (MTSAs) and within a Planning Around Rapid Transit Stations(PARTS) area. Staff will report to Council regarding thestatus of this initiative in June 2021. Downtown Zoning CRoZBy Stage 1 did not include zoning for Downtown. Staff are initiating a project to update downtown zoning to address significant development interests.Community and stakeholder engagement will begin in Spring 2021. Annual Update to By-law 2019-051 Staff intendto bring forward minor housekeeping-type modifications toZoning By-law2019-051 to assist with implementation in Fall 2021.These modificationsaddress implementation issues that have come up in practice since final approval of the Zoning By-law at the LPAT in 2020. CRoZByStage 2bThis project will apply the new residential base zones established in CRoZBy Stage 2a to specificproperties. The residential base zones willapply to approximately50,000 propertiesdesignated for residential usesin the Official Plan, but not including NeighborhoodPlanning Review or secondary plan areas. Table 1Stage 2a and Stage 2b StagePurposeApplies to TimingRisk of properties?Appeal Stage 2aAn amendment to Zoning By-law NoMay 2021Low-Medium 2019-051 to insert the base residential zones and associated definitions, general regulations, and parking provisions into the By- law. Stage 2bTheimplementation of the zones YesLate 2021High approved through Stage 2a on many residential properties in the City. 2 - 3 3.Lodging Houses In October 2019, Council resolvedthat lodging house policies and regulations be considered as part of the Affordable Housing Strategy. Housing for All, KitchenerHousing Strategy was approved by Council in December 2020. It included anaction to update lodging house policies and by-laws.Staff intend to bring forward an Official Plan amendmentto update the lodging house policies in mid2021. Implementing zoning and licensing by-laws will follow with timing to be determined. 4.Residential Intensification in Established Neighbourhoods Study (RIENS) The Residential Intensification in Established Neighbourhoods Study (RIENS)was completed in March 2017 and provided recommendations regarding the zoning by-law and other city-building tools and processes to insure compatible infill inestablished neighborhoods. The table below providesan update on the status of the recommendations. Table 2 Status of RIENS Recommendations RecommendationStatus 1.Amend the City's zoning by-law as it Amendments to By-law 85-1 were approvedin applies to the Study Area.2019. These will befinalizedthoughCRoZBy Stage 2a and the Neighborhood Planning Review and CRoZBy Stage 2b 1ARequire new construction to generally be Implemented through amendments to By-law 85-1 located a distance from the street that is and carried forward, with refinements in CRoZBy in line with existing dwellings.Stage 2a 1BReduce the maximum building height to Regulations included in CRoZBy Stage 2aand will permit a maximum of two storeys only in be implemented though Neighborhood Planning a circumstance where a replacement Review and CRoZBy Stage 2b.Thetypical dwelling is proposedbetween two maximum building height has been increased to bungalows and maintain the current 11m in consultation with the building industry to maximum permitted height everywhere allow for contemporary ceiling heights. else (10.5 metres). 1CRequire that new garages be detached Limitationson garage projectionwere added to in the rear yard or attached on the side Zoning By-law 85-1in 2018and carried forward in and recessed behind the front face of the CRoZBy Residential zones.Site Specific dwelling in areas where this is the norm. Provision (159) inCRoZBy Stage 2arequiresset In addition, new restrictions on garage back garages and willbe implemented where width, garage projection and driveway appropriatethrough Neighborhood Planning width should be added to the City's Reviewand Stage 2b ZoningBy-law for the remainder of the Study Area. 2Consider through further study, whether This is beingconsidered through the NPRproject or not certain areas that have and CRoZBy Stage 2b. permissions for a variety of multiple dwelling housing forms and which are predominantly the site of single detached dwellings should be re-zoned to reflect the existing housing forms of the neighbourhood. 2 - 4 3Change the notification process for This is now astandard process city-wide. consent and minor variance applications by requiring the placement of a notice sign on the property when an application is being considered. 4Require Site Plan Approval for single-This will be piloted in the Cedar HillandCentral detached, semi-detached and duplex Fredrick Secondary Plan Areas after the dwellings as a pilot project in select completion of those Neighborhood Planning neighbourhoods identified by the Cultural Reviews. Heritage Landscape Study. 5Update the Urban Design Manual to The majority of the Urban Design Manualwas provide additional guidance on infill approved by Council in 2019.Neighbourhood development and new development specific guidelines will become part of the adjacent to established neighborhoods.approved Design for Infill in Central Neighbourhood Section. Staff intendto bring this forward for Council approval in June 2021. 6 Intensification to assist homeowners and waspublishedin 2017-2018and is available at developers when developing plans for www.kitchener.ca/developmentguide. infill development and which explain the planning processes that apply for the benefit of all. At this time, each of the RIENS recommendations have either been fully implemented or will bethrough other ongoing initiatives such as the Neighbourhood Planning Reviews or CRoZBy Stage 2b. Staff is of the opinion that the recommendations have been effectively addressed andthat the core principles established through RIENS are or will be contained in numerous important planning documents in Kitchenersuch as the new Zoning By-law. As such, the status of the RIENS study is STRATEGIC PLAN ALIGNMENT: This report supports Great Customer Service byintroducing updated residential zones that zoning by-law. FINANCIALIMPLICATIONS: Capital BudgetThe recommendation has no impact on the Capital Budget. Operating BudgetThe recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: Significant community engagement was undertaken in advanceof Co endorsement of Stage 2a in October 2019 as described in DSD-19-233 (Attachment B). The Waterloo Regional HomeBuildersAssociation CRoZBy liaison subcommittee has been involved in the development of the residential zones since 2019 as described in DSD-19-233. They were informed of this meeting on April6,2021. All previously engaged stakeholders and prescribed agencies revived notice of policy meetingfor theproposed amendment onApril 20, 2021. 2 - 5 This public meeting was advertised in the Waterloo Record on April 16, 2021. After the 2019 last public meeting, staff received correspondenceregarding proposed regulations of transitioning building height to low rise residential zones. The correspondenceand astaff response areincluded as Attachment E. PREVIOUS REPORTS/AUTHORITIES: DSD-19-233New Zoning By-law (Stage 2a) Residential Base Zones DSD-19-272New Zoning By-law (Stage 2a) Deferred Item: RES-3 Lot Width Planning Act A Place to Grow, 2020 Provincial Policy Statement, 2020 Regional Official Plan, 2009 City of Kitchener Official Plan, 2014 Urban Design Manual, 2019 APPROVEDBY:Justin Readman, General Manger, Development Services ATTACHMENTS: AttachmentA: Proposed By-law Attachment B: Staff Report DSD-19-233 Attachment C: Working Consolidation of By-law 2019-51 Attachment D: By-law 2019-51 vs 85-1 comparison of R and RES zones Attachment E:Staff Response to correspondence from Glenn Scheels Regarding Transitions to Low Rise Residential 2 - 6 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051 known as the Zoning By-law 2019 for the City of Kitchener CRoZByStage 2a-Residential Base Zones) WHEREAS it is deemed expedient to amend By-law 2019-051; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1.By-law Number 2019-051 is second dwelling unit (attached), second dwelling unit (detached) additionaldwelling unit(s) (attached),additional dwelling unit (detached) wherever they appear. 2.By-law Number 2019-051 is Dwelling Unit (Attached), therefrom and substituting the words therefor wherever they appear. 3.Section 3 of By-law Number 2019-051 isDwelling therefrom. 4.Subsection 1.10 b) of By-law Number 2019-51 is amended to read as follows: Appendices A, C and D form part of this By-law. Appendix B is included for convenience of reference only and does not form part of this By-law. 5.Section 2.2.1 of By-lawNumber 2019-51 is amended by removing theRin the two instances itappears and substituting the following therefor: 2 - 7 Low Rise Residential One ZoneRES-1 Low Rise Residential Two ZoneRES-2 Low Rise Residential Three ZoneRES-3 Low Rise Residential Four ZoneRES-4 Low Rise Residential Five ZoneRES-5 Medium Rise Residential Six ZoneRES-6 High Rise Residential Seven ZoneRES-7 6.Section 3 of By-law Number 2019-051 is amended by adding the following definitions thereto, to be inserted into the existing text in alphabetical order: EstablishedFront Yard -means a)In the case of a lot that is not a corner lot: the average of the front yardsof the abutting lotswith a low-rise residential zone and where there is a vacant lotabutting the affected lot, the average of the front yardsof the next adjacent lot with a low-rise residential zone; and b)in the case of a corner lot: the front yardof the abutting lot with a low-rise residential zone, in which the principal pedestrian entrance is oriented towards the same street, andwhere there is a vacant lotabutting the affected lot, the front yardof the next adjacent lot with alow-rise residential zone. Additional Dwelling Unit(Attached) see Dwelling Unit (Attached), Additional Additional Dwelling Unit (Detached)see Dwelling Unit (Detached), Additional Utility-trailer-meansasmall non-motorized vehicle which is generally pulled by a motorized vehicle and features a rearcargoarea (bed) and is used for the hauling of light loads. 7.Section 3 ofBy-law Number 2019-051 is amendedby deleting the following definitions therefrom and substituting the following therefor: Heightmeans the vertical distance between the highest elevation of the finished ground immediately surrounding the perimeter of the buildingand the uppermost point of the building. For all usesexcept a single detached dwellingwith or without additional dwelling unit(s) (attached), at no point shall the vertical distance between the lowest elevation of the finished ground immediately surrounding the perimeter of the buildingand the uppermost point of the buildingexceed 110% of the maximum building heightin the applicable zone. 2 - 8 Dwelling Unit (Attached), Additional means the useof a single detached dwelling, semi-detached dwelling unit, or street townhouse dwelling unit where a separate self- contained dwelling unitis located within the principal building. Dwelling Unit (Detached), Additional means the useof a buildingwhere a separate self-contained dwelling unitlocated in a detached building on the same lotas an associated single detached dwelling, semi-detached dwelling unit,or street townhouse dwelling unit.An additional dwelling unit (detached)is not an accessory building. Dwellingmeans a buildingcontaining one or more dwelling unitsand can include a single detached dwelling,semi-detached dwelling,street townhouse dwelling,additional dwelling unit (attached),additional dwelling unit (detached),cluster townhouse dwelling, multiple dwelling,small residential care facility,or large residential care facility. Major Recreational Equipmentmeans either a portable structure designed and built to be carried or pulled by a motor vehicle, or a unit designed and built to be transported on its own wheels, for purposes of providing temporary living accommodation or recreational enjoyment for travel and can include motor homes, travel trailers, tent trailers, boats, boat trailers, personal watercraft, all-terrain vehicle or other similar equipment. Dwelling, Multiplemeans the use of a buildingcontaining three or more dwelling units, and can include a stacked townhouse dwellingandback-to-back townhouse dwelling. A multiple dwellingis not a street townhouse dwelling,mixed use building,cluster townhouse dwelling,single detached dwellingwithadditional dwelling units (attached) or semi- detached dwellingwith additional dwelling units (attached). Lot Widthmeans the horizontal distance between the side lot linesof a lotmeasured at the required minimum front yard setback.For multiple dwellingsorcluster townhouse dwellingswith more thanonestreet line on the same street, thelot width at each street line may be summed to determine the totallot width. Parking Space, Tandemmeans a parking spacewhere the arrangement of two or more parking spacesis such that it is necessary to traverse one or more parking spacesto gain access to the tandem parking spacefrom a lane,drive aisle,driveway, or street. Yard, Rearmeans a yardthat extends across the full width of a lot(or in the case of a corner lot, extending from the exterior side yardto the interior side lot line) between the rear lot lineand the nearest point of the principal building. Yard, Exterior Sidemeans a yardabutting a street that extends from the front yardto the rear lot linefrom the exterior side lot lineto the nearest point of the principal building. 2 - 9 8.Section 3 ofBy-law Number 2019-051 isamended by deleting the definitionsof Use, Low Density Residential, and Low Density Residential Use 9.Subsection4.4.2of By-law Number 2019-051 is amended by deleting the subsection reference therefrom and substituting the subsectionreference 4.6 whereveritappears. 10.Subsection4.12.1 ofBy-law Number 2019-051 is amended to read as follows : One Additional Dwelling Unit (Attached) One additional dwelling unit (attached)may be permitted in association with a single detached dwelling, semi-detached dwelling unitorstreet townhouse dwelling unitin accordancewith the regulations specified by the zonecategory in which an additional dwelling unit (attached)is permitted, and the dwellingtype in which the additional dwelling unit (attached)is located and in addition to and as amended by the following: a)One additional dwelling unit (attached) shall only be located in the same buildingas a single detached dwelling,semi-detached dwelling, or street townhouse dwelling; b)An additional dwelling unit(attached)shall be connected to full municipal services 11.Subsection4.12.2of By-law Number 2019-051 is amended to read as follows: 4.12.2Two Additional Dwelling Units (Attached) Two additional dwelling units (attached)may be permitted in associationwithasingle detached dwelling in accordancewith the regulations specified by the zonecategory and applying to single detached dwellings in which the twoadditional dwelling units (attached) are located and in addition to and as amended by the following: a)two additional dwelling units(attached)shall be connected to full municipal services; b)amaximum of one pedestrian entrance to the principalbuilding shall be located on each street line façade; c)no more than two additional dwelling units (attached)are permitted on a lot; d)the minimum lot areashall be 395 square metres or in accordance withTable 7-2, whichever is greater; 2 - 10 e)the minimum lot widthshall be 13.1 metres or in accordance with Table 7-2, whichever is greater; f)the minimum landscaped areashall be 20%; g)two additional dwelling units (attached)shall only be permitted in existing buildings; h)additions to an existing single detached dwellingmust be attached to the rear of principal buildingand shall not extend into any side yardfarther than the extent of the existingprincipal buildingand provided such addition does not exceed 25 percent of the existing building's gross floor area. 12.By-lawNumber2019-051 is amended by adding the following subsections 4.12.3 and 4.12.3.1 thereto: 4.12.3Additional Dwelling Units (Detached) One additional dwelling unit (detached)may be permitted in associationwithasingle detached dwelling, semi-detached dwelling unit orstreet townhouse dwelling unit in accordancewith the regulations specified by the zonecategory in which an additional dwelling unit (attached)is permitted, and as amended by the following: a)for the purposes of Section 4.12.3, the area that is designed to be a separate lot for a street street townhouse dwellingorsemi-detached dwellingshall be considered to be a lot; b)anadditional dwelling unit (detached)shall only be permitted on the same lotas a single detached dwelling, semi-detached dwelling orstreet townhouse dwelling, with or without one additional dwelling unit (attached); c)anadditional dwelling unit (detached)shall not be permitted on the same lotas a single detached dwellingwith two additional dwelling units (attached); d)anadditional dwelling unit (detached)shall not be severed from the lotcontaining the single detached dwelling, semi-detached dwelling or street townhouse dwelling; e)the additional dwelling unit(detached)shall be connected to full municipal services; f)no more than one additional dwelling unit (detached)is permitted on a lot; g)the building floor areaof the additional dwelling unit (detached)shall not exceed fifty percent of the building floor areaof the single detached dwelling, semi- detached dwelling unit or street townhouse dwellinguniton the same lot, or 80 square metres, whichever is less; 2 - 11 h)the minimum lot areashall be 395.0 square metres or in accordance with applicable regulations included in Table 7-2, 7-3 or 7-4, whichever is greater; i)the minimum lot widthshall be 13.1 metres or in accordance with applicable regulations included in Table 7-2, 7-3 or 7-4, whichever is greater; j)a building containing an additional dwelling unit (detached)shall be located a minimum of 0.6 metres from a rear lot lineandinterior side lot line; k)anadditional dwelling unit (detached) shall not be located in the front yardor exterior side yard; l)for anadditional dwelling unit (detached), the maximum building heightshall be: a.4.5 metres for a hip, gable, shed, or gambrel roof, measured to the mid point between the eaves and the peak of the roof, excluding the eaves of any projections; b.4.5 metres for a mansard roof, measured to the deck line; c.3 metres for a flat roof, measured to the peak of the roof; m)for a shed roof where the peak of the roof is more than 4.5 metres from the highest elevation of the finished ground, the highest exterior wall shall not face a rear lot lineorside lot linecloser than 4.5 metres, except where the lot lineis a street line orlane; n)an unobstructed walkway that is a minimum 1.1 metres in width shall be provided from a streetorlaneto the additional dwelling unit (detached).The walkway shall not be located within a required parking space; and, o)Despite Section 5.3.3 a) ii), where threeparkingspacesare required in accordance with Table 5-3, two parking spaces may betandem parking spaces. 2 - 12 4.12.3.1Minimum Side Yard setback of PrincipalBuilding: On a lotcontaining an additional dwelling unit (detached): a)Theprincipal buildingshall comply with the following: a.where the principal buildingis a single detached dwelling, with or without an additional dwelling unit (attached), the minimum side yard setbackon each side of the principal buildingshall be 1.2 metres; b.where the principal buildingis a semi-detached dwelling unit or street townhouse unit with or without an additional dwelling unit (attached), the minimum side yard setbackof the principal buildingshall be 2.5 metres on one side; b)Theprincipal buildingshall comply with the setbackprovisions required for the dwellingfor front,sideand rearyards in all other cases. c)Subsection 4.12.3.1a) shallnot apply if the additional dwelling unit (detached)has direct access from streetor laneat the rearor exterior side yard. 13.Subsection4.14.4 of By-lawNumber2019-051 is amended to read as follows: 4.14.4Decks a)All decks shall meet the setbackregulations required for the buildingin the applicable zone. b)Despite Subsection a) in a residential zone, unenclosed decks that do not exceed 0.6 metres in height above the ground, may be located within a required rear yardor interior side yard. c)Despite Subsection a) in a residential zone, entirely unenclosed decks that exceed 0.6 metres in height above the ground, may be located within a required rear yardprovided that they are located a minimum of 4 metres from the rear lot lineand meet the side yardsetbackregulations required for the dwellingin the applicable zone. d)DespiteSubsection a) covered, unencloseddecks attached to the principalbuilding, may be located within a required rear yardprovided that they are located a minimum of 4 metres from the rear lot line and meet the side yardsetbackregulations required for the dwellingin the applicablezone. 2 - 13 14.Subsection4.14.8 of By-lawNumber 2019-051 is amended to read as follows: 4.14.8 Patios, Decks, and Outdoor Recreation 4.14.8.1 Restaurant Patios, Decks, and Outdoor Recreation Patios, decks, and outdoor recreation associated with a restaurantmay project into a required yardprovided that: a)They are located a minimum of 30 metres from any residentialzone; b)In a COM or EMP zone they have a minimum setbackof 3 metres from a street line; and, c)Despite Subsection a), in a UGC or MIX zone, a patio, deck, and outdoor recreation associated with a restaurant may be located within a front yardor exterior side yard. 4.14.8.2 Private Patios Any required private patio shall be a minimum of 11 square metres in size. 15.By-lawNumber 2019-051 is amended by adding the following subsection4.19 thereto: 4.19TRANSITION TO LOW-RISE RESIDENTIAL Despite any maximum building heightof more than12 metresapplying to any zone, the building heightshall not exceed 12 metreswithin 15 metresof a lot with a low-rise residential zone. 16.Section 5 of By-law Number 2019-051 is amended by deleting the words - Table 5-5. 17.Subsection5.3.1of By-law Number 2019-051 is amended by adding the wordto Table 5-1after the word 18.Subsection5.3.1 of By-law Number 2019-051 is amended by adding subsection (5) thereto: (5)Where2or more required parking spaces are located within a private garage, the minimum width of the first space is 3 metres and 2.6 metres for every additional parking space 19.Subsection5.3.4 of By-law Number 2019-051 is amended by deleting the words -therefrom and substituting the words -therefor wherever 2 - 14 they appear. 20.Subsection5.5 e) of By-law Number 2019-051 is amended by deleting the words tration 5-therefrom and substituting the words -therefor wherever they appear. 21.Subsection5.5 f) of By-law Number 2019-Table 5-therefrom and substituting the words -therefor wherever they appear. 22.Subsection5.5 g) of By-law Number 2019-Table 5-3 and/or Table 5-therefrom and substituting the words-therefor wherever they appear. 23.Subsection5.6 of By-law Number 2019-- therefrom and substituting the words-therefor wherever they appear. 24.Subsection5.3.3 a) iof By-law Number 2019-051 isamended to read as follows: On a lotcontaining a single detached dwelling,semi-detached dwelling,additional dwelling unit(s) (attached),additional dwelling unit (detached),small residential care facility,lodging househaving less than 9 residents, or home occupation: i)Parking spaces shall be located a minimum distance of 6 metres from a street line; ii)Despite Subsection i), where two or more parking spaces are required, one parking space may locate on the drivewaywithin 6 metres of the front lot lineorexterior side lot line and may be a tandem parking space; and, 2 - 15 Illustration 5-1: One Tandem Parking Space Option A Illustration 5-2: One Tandem Parking Space Option B iii) Despite Subsection ii) where three parking spacesare required on a lotthat contains an additional dwelling unit (attached)and an additional dwelling unit (detached), one parking space may locate on the drivewaywithin 6 metres of the front lot lineor exterior side lot line and two parking spacesmay be tandem parking spaces;and iv) Not more than one parkingspace for a home occupation may be located in a rear yard, except in the case of a corner lot, a through lot, or a lotabutting a lane. 25.Subsection5.4 of By-law Number 2019-051 is amended to read as follows: 2 - 16 5.4 DRIVEWAY AND GARAGE PROVISIONS FOR RESIDENTIAL USES a)For all residential usesother than large residential care facilities, multiple dwellingscontaining 4 or more dwelling units, and mixed use buildings,a required parking spaceshall have direct access from a streetor lanevia a driveway. b)A maximum of one driveway with one access point from each street or lane shall be permitted on a lot, except in the case of: i)Alothaving a minimum lot widthof 30 metres, where a maximum of two drivewaysmay be permitted; and, ii)Asemi-detached dwelling, where each dwelling unitmay have one driveway. c)For the purposes of Section 5.4 the calculation of drivewaywidth is measured along the entire length of the drivewayperpendicular from the edge. Illustration 5-4: Measuring driveway width d)Adriveway shall be a minimum of 2.6 metres in width. e)The provisions in Table 5-2 apply to single detached dwellings, semi-detached dwellings, and street townhouse dwellingswith or without additional dwelling unit(s). 2 - 17 f)Despite any provision in Table 5-2 and 5-3 a drivewayassociated with a single detached dwelling, semi-detached dwellingor street townhouse dwellingmay not exceed 8.0 metresin width. Table 5-2: Private Garage Width and Driveway Width Regulations by Use Residential UseMaximum privategarage Maximum drivewaywidth Maximum driveway with an attached private width without an width garageattached private garage Single Detached 65% of the width of the 50% of the lot widthor a 50% of the lot width. front façadeclosest to drivewaymay be as wide as the Dwelling attached garage. the streetat grade Thedrivewaymay extend beyond the width of the attached garageto a maximum total width of 50% of the lot; and shall be located no closer than the required side yard setback of the dwelling. Semi-Detached 60% of the width of the 50% of the lot widthor 5.2 50% of the lot widthor front façadeclosest to metres, whichever is less, and a 5.2 metres, whichever Dwelling the streetat gradedrivewaymay be as wide as the is less. attached garage. Thedrivewaymay extend beyond the width of the attached garageto a maximum total width of 50% of the lot; and shall be located no closer than the required side yard setback of the dwellingwhich is not located along the common wall of the same dwelling; 2 - 18 Street Townhouse 60% of the width of the 60% of the lot widthor 5.2 60% of the lot widthor Dwelling front façadeclosest to metres, whichever is less.5.2 metres, whichever is less. the streetat grade Thedrivewaymay extend beyond the width of the attached garageto a maximum total width of 60% of the lot; Exterior end unit driveways shall be located no closer than the required side yard setback of the dwelling which is not located along the common wall of the samedwelling. a)For lands identified on Appendix C (Central Neighbourhoods), and within a low- rise residential zonean attached private garageassociated with a single detached dwelling,semi-detached dwelling, orstreet townhouse; with or withoutan additional dwelling unit(s)shall not project beyond the front façadeof the habitable atgradeportion of the dwelling unit. b)For lands not identified on Appendix C (Central Neighbourhoods), an attached private garageassociated with a single detached dwelling, semi-detached dwelling orstreet townhouse dwelling; with or without an additional dwelling unit(s): i)An attached private garagemay project beyond the front façadeof the habitable portion of the dwelling unita maximum of 1.8 metres. ii)Where a private garageprojects beyond the habitable portion of the front façadeof the dwelling unit, a porchabutting the private garageshall be provided in accordance with Section 4.14.7. iii)Aprivate garageshall not project beyond the front of a porch. c)On a corner lotno driveway, or parking spaceshall be located within the front yard for a distance of 7 metres from the exterior side lot line, and the same shall not be located within the exterior side yardfor a distance of 7 metres from the front lot line, measured from the intersecting point of the front lot lineand the exterior side lot line. Illustration 5-5: Corner lot driveway location 2 - 19 d)Within a front yard,interior side yard, exterior side yardor rear yardmotorvehicles shall only be parked within a private garageor on a drivewaythat conforms to Section 5.3. e)Thedrivewayshall be comprised of a material that is consistent throughout the driveway,and that is distinguishable from all other ground cover or surfacing including landscaping or walkways within the front yard,interiorside yard,exterior side yard, or rear yard. Table 5-3: Private Garage Width and Driveway Width Regulations by Use for lands identified on Appendix C. Central Neighbourhoods Residential UseMaximum privateMaximum drivewaywidth with Maximum driveway width without an garage widthan attached garage attached garage Single Detached 50% of the width of 40% of the lotwidthor a driveway40% of the lot width. the front façademay be as wide as the attached Dwelling closest to the streetat garage grade Thedrivewaymay extend beyond the width of the attached garage to a maximum total width of 40% of the lot; and shall be located no closer than the required side yard setback of the dwellingwhich is not located along the common wall of the same dwelling. 2 - 20 50% of the width of 40% of the lot widthor 5.2 metres, 40% of the lot widthor Semi-Detached the front façadewhichever is less, and a driveway5.2 metres, whichever is closest to the streetat may be as wide as the attached less. Dwelling garage. grade Thedrivewaymay extend beyond the width of the attached garage to a maximum total width of 40% of the lot; and shall be located no closer than the required side yard setback of the dwelling which is not located along the common wall of the same dwelling; Townhouse Dwelling 60% of the width of 60% of the lot widthor 5.2 metres, 60% of the lot widthor Streetthe front façadewhichever is less, and a driveway5.2 metres, whichever is closest to the streetat may be as wide as the attached less. garage. grade Thedrivewaymay extend beyond the width of the attached garage to a maximum total width of 60% of the lot; Exterior end unit driveways shall be located no closer than the required side yard setback of the dwelling. 26.Subsection5.6, Table 5-5ofBy-law Number 2019-051 is amended by deleting the row entitled therefrom and substitutingthe following row therefor: Home OccupationMinimum parking No 1 plus any parking 1 for occupation plus 1 for spaces:minimumspacesrequired for any non-resident the dwelling unit(1)employee plus any parking spacesrequired for the dwelling unit(1) 27.Subsection5.6ofBy-law Number 2019-051 is amended by adding the following subsection thereto: "Additional Regulations for Home Occupation Table 5-5 (1)0parking spacesare required for a home occupation use that is an officeor indirect saleswith no employees or clients to the premises, orfor a home occupation within 2 - 21 asingle detached dwelling with anadditional dwelling unit(s) attachedor additional dwelling unit(detached), semi-detached dwelling with anadditional dwelling unit(s) attached or additional dwelling unit (detached), street townhouse dwellingwith an additional dwelling unit(s) attached or additional dwelling unit (detached), cluster townhouse dwelling, ormultiple dwelling. If the home business does not have a non-resident employee, then the required parking spacesfor the home business and dwelling unit may be arranged in tandem. 28.Subsection5.6, Table 5-5ofBy-law Number 2019-051 is amended by deleting the row therefrom and substituting the following rowtherefor: Single-Detached Dwelling, Semi- Detached Dwelling, Street Townhouse Minimum parking 1per dwelling unit andDwelling; and n/an/a spaces: Additional Dwelling Unit (Attached) and Additional Dwelling Unit (Detached) 29.Subsection5.8 b) of By-law Number 2019-051 is amended to read as follows: Whereparking spacesrequired for non-residential uses are not located within a building, a minimum of 17.5 percent of the parking spaces shall be designed to permit the future installation of electric vehicle supply equipment and a minimum of 2.5 percent of the parking space 30.Subsection5.9ofBy-law Number 2019-051 is amended by deletingthe words- therefrom and substituting the words-therefor wherever they appear. 31.Subsection5.12ofBy-law Number 2019-051 is amended to read as follows : 5.12EQUIPMENT AND VEHICLE STORAGE PROVISIONS 5.12.1Commercial Vehicles and Equipment Parking or storage of commercial vehicleson lotswithin a RES zoneshall be located fully within an enclosed buildingorstructure. 5.12.2Major Recreational Equipment 2 - 22 a)Parking or storage of major recreational equipmentonlotswithin a RES zoneshall be located fully within an enclosed buildingor structure. b)Despite Subsection a), major recreational equipmentmay be parked or stored in arear yard, aninterior side yard,or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18 of this By-law. Major recreational equipmentthat exceeds 1.4 metres in height and is located within an interior side yardshall be located a minimum of 1.2 metres from an interior side lot line. c)Despite Subsection a), major recreational equipmentmay be parked or stored on adrivewaybetween May 1 and October 31 provided that such equipment is located outside of a driveway visibility triangle. d)Major recreational equipmentshall not be usedfor living, sleeping, or housekeeping purposes when located on a lotwithin any zone. e)Despite subsections b) and c) above, snowmobiles or other similar winter-season recreational equipment and portable structures for transporting such equipment shall not be stored or parked on a drivewaybetween May 1st and October 31st, but may be stored or parked on a drivewaywholly inside the lot linebetween November 1st and April 30th provided that such equipment shall not obstruct the visibility of vehicular or pedestrian traffic movement within a streetor lane. 5.12.3Utility Trailers a)On a lotcontaining a residential use, a utility trailershall not be parked or storedin afront yard, or exterior side yard,except in a driveway. b)Despite Subsection a), a utility trailer that exceeds 6 metres in length inclusive of projections and attachments shall not be permitted on a lot within a RES zone. c)Utility trailersmay be parked or stored in a rear yard, aninterior side yard,or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18 of this By-law. 5.12.4Vehicles with a Snow Plough Blade No more than one motor vehiclewith an attached snow plough blade shall be parked or stored on a lotwithin a RES zone. 32.Section 7 ofBy-law Number 2019-051is amended to read as follows: SECTION 7 Residential Zones (RES) The Residential Zones apply to lands designated Low Rise Residential, Medium Rise Residential and High Rise Residential in the Official Plan. 2 - 23 7.1Applicable Zones RES-1: Low Rise Residential One Zone the purpose of this zoneis to accommodate limited dwelling types in areas with an estate character and/or limited municipal services in low rise areas. RES-2: Low Rise Residential Two Zone the purpose of this zoneis to accommodate a limited range of low density dwelling types on larger lots than the RES-3 Zone in low rise areas. RES-3: Low Rise Residential Three Zone the purpose of this zoneis to accommodate a limited range of low density dwelling types on smaller lotsthan the RES-2 Zone in low rise areas. RES-4: Low Rise Residential Four Zone the purpose of this zoneis to accommodate a range of low density dwelling types that allow up to four dwelling units on a range of lot sizes in low rise areas. RES-5: Low Rise Residential Five Zone the purpose of this zoneis to accommodate the widest range of low density dwelling types on the widest range of lotsizes in low rise areas. RES-6: Medium Rise Residential Six Zone the purpose of this zoneis to accommodate medium density dwelling types and some complementary non-residential uses in medium rise residential areas. RES-7: High Rise Residential Seven Zone the purpose of this zoneis to accommodate high density dwelling types and a range of complementary non-residential uses in high rise residential areas. Permitted Uses No person shall, within any Residential Zone useor permit the useof any lotor erect, alter oruseany buildingorstructurefor any purpose other than those permitted useswithin Table 7-1 below. Table 7-1: Permitted Uses within the Residential Zones UseRES-1RES-2RES-3RES-4RES-5RES-6RES-7 Residential Uses Single Detached Dwelling Additional Dwelling Units (Attached))(1) Additional Dwelling Units (Detached) (2) 2 - 24 Semi-Detached Dwelling Townhouse Dwelling Street (3)(4) Townhouse Dwelling Cluster (4) Multiple Dwelling (3) Lodging House Hospice Residential Care Facility, Small Residential Care Facility, Large Non-Residential Uses (5) Community Facility (5) Convenience Retail (5) Day Care Facility (5) Financial Establishment (5) Health Office (5) Home Occupation (6) Office (5) Personal Services (5) Studio (5) (1)Shall be permitted in accordance with 4.12.1. and 4.12.2 (2)Shall be permitted in accordance with 4.12.3. (3)The maximum number of dwelling unitsin a dwellingshall be 4. (4)The maximum number of dwelling unitsin a dwellingshall be 8. (5)Permitted non-residential uses must be located within a mixed use buildingand are limited in size in accordance with the regulations in Table 7-6. (6)Shall be permitted in accordance with 4.8. 2 - 25 7.3 Regulations The regulations for lots in a Residential Zoneare set out in Tables 7-2 through 7-7 below. Table 7-2: For Single Detached Dwellings RES-1RES-2RES-3RES-4RES-5 RES-6RES-7 Regulation(5)(5)(5)(5)(5) 22222 Minimum Lot Area929m(1)411m288m235m235m Minimum Lot Width24.0m(2)13.7m10.5m9.0m9.0m Minimum Corner 24.0m(2)15.0m13.8m12.8m12.8m Lot Width Minimum Front Yard or Exterior 6.0m (3)4.5m(3)4.5m(3)4.5m(3)4.5m(3) Yard Setback Maximum Front (3a)(3a)(3a)(3a)(3a) Yard Setback Minimum Interior 3.0m1.2m1.2m1.2m1.2m Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m7.5m7.5m Setback MaximumLot 55%(4)55%(4)55%(4)55%(4)55%(4) Coverage Maximum Building 11.0m(6)11.0m(6)11.0m(6)11.0m(6)11.0m(6) Height Maximum number 33333 ofstoreys (1) The minimum lot areashall be 0.4 hectares on lotswithout full municipal services. (2) The minimum lot widthshall be 30.0 metres on lotswithout full municipal services. (3) For lands identified in Appendix D, despite the minimum front yardrequired in any zone, the minimum front yardis the established front yardminus one metre. In all other cases, the minimum front yard shall be in accordance with this Table. Despitethe foregoing, no part of any buildingused to accommodate off street parking shall be located closer than 6.0metresto the street line. (3a) For lands identified on Appendix D, the maximum front yard shall be the established front yard plus one metre. In all other cases there is no maximum front yard. (4) A combined total of 55 percent for all buildingsandstructureson the lot. Accessorybuildingsor structures, whether attached or detached, and additional dwelling units (detached)shall not exceed 15 percent. 2 - 26 (5)The regulations within Table 7-2 shall not apply to anexistingsingle detached dwellingon an existing lotwith or without one existing additional dwelling unit (attached). (6)For lands identified on Appendix C Central Neighborhoods, the maximum building heightis 9.0 metresfor new buildings and additions to existing buildingsthat would increase the building heightby more than 1.0 metres, where the heightof the two principal buildingsonboth abutting lotsisless than 6.5metres. Where there are vacant lot(s), abutting the affected lot, the heightof the two principal buildingson the next adjacent lotwith a low-rise residential zoneare considered. 2 - 27 Table 7-3: For Semi-Detached Dwelling Unit RES-3RES-4RES-5 RES-1RES-2RES-6RES-7 Regulation(3)(3)(3) 222 Minimum Lot Area260m210m210m Minimum Lot Width9.3m7.5m7.5m Minimum Corner 12.0m12.0m12.0m Lot Width Minimum Front Yard or Exterior 4.5m (1)4.5m(1)4.5m(1) Yard Setback Maximum Front (1a)(1a)(1a) Yard Setback Minimum Interior 1.2m1.2m1.2m Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m Setback MaximumLot 55%(2)55%(2)55%(2) Coverage Maximum Building 11.0m(4)11.0m(4)11.0m(4) Height Maximum number 333 ofstoreys (1) For lands identified in Appendix D, despite the minimum front yardrequired in any zone, the minimum front yardis the established front yardminus one metre. In all other cases the minimum front yardshall be in accordance with this Table.Despitethe foregoing, no part of any building used to accommodate off street parking shall be located closer than 6.0metresto the street line. (1a) For lands identified on Appendix D, the maximum front yardshall be the established front yard plus one metre. In all other cases there is no maximum front yard. (2) A combined total of 55 percent for all buildingsandstructureson the lot. Accessorybuildingsor structures, whether attached or detached, and additional dwelling units (detached)shall not exceed 15 percent. (3) The regulations within Table 7-3 shall not apply to an existingsemi-detached dwellingon an existing lotwith or without one existing additional dwelling unit (attached). (4) For lands identified onAppendix C Central Neighborhoods, the maximum building heightis 9.0 metresfor new buildings and additions to existing buildingsthat would increase the building height by more than 1.0 metres, where the heightof the two principal buildings onboth abutting lotsis less than 6.5metres. Where there are vacant lot(s), abutting the affected lot, the heightof the two principal buildingson the next adjacent lotwith a low-rise residential zoneare considered. 2 - 28 Table 7-4: For Street Townhouse Dwelling Units RegulationRES-1RES-2RES-3RES-4 (4)RES-5 (4)RES-6RES-7 22 Minimum Lot Area148m135m Minimum Lot Width 6.0m5.5m (Internal Unit) Minimum Lot Width 10.0m9.5m (External Unit) Minimum Corner Lot 12.0m11.5m Width Minimum Front Yard or Exterior Yard 4.5m(1)4.5m(1) Setback Maximum Front (1a)(1a) Yard Setback Minimum Interior 2.5m2.5m Side Yard Setback Minimum Rear Yard 7.5m7.5m Setback Rear Yard Access(2)(2) MaximumLot 55%(3)55%(3) Coverage Maximum Building 11.0m(5)11.0m(5) Height Maximum number of 33 storeys (1) For lands identified onAppendix D, despite the minimum front yardrequired in any zone, the minimum front yardis the established front yardminus one metre. In all other cases the minimum front yardshall be in accordance with this Table. Despite the foregoing, no part of any building usedto accommodate off street parking shall be located closer than 6.0 metresto the street line. (1a) For lands identified on Appendix D, the maximum front yardshall be the established front yard plus one metre. In all other cases there is no maximum frontyard. (2) Each dwelling unitshall have an unobstructed access at gradeor ground floor level, having a minimum width of 0.9 metres, from the front yardto the rear yardof the loteither by: a) direct access on the lotwithout passing through any portion of the dwelling unit; or, b) direct access through the dwelling unitwithout passing through a living or family room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not separated by a door to any such room; or, c) access over adjacent lands which, if the lands are not owned by the Cityor the Region, is secured by a registered easement. 2 - 29 (3)A combined total of 55 percent for all buildingsandstructureson the lot. Accessorybuildingsor structures, whether attached or detached, and additional dwelling units (detached)shall not exceed 15 percent. (4)The regulations within Table 7-4 shall not apply to anexistingstreet townhouse dwelling on an existing lotwith or without one existing additional dwelling unit (attached). (5)For lands identified in an Appendix C Central Neighborhoods, the maximum building heightis 9.0 metres for new buildings and additions to existing buildingsthat would increase the building heightby more than 1.0 metres, where the heightof the two principal buildings onboth abutting lotsisless than 6.5 metres. Where there are vacant lot(s), abutting the affected lot, the heightof the two principal buildingson the next adjacent lotwith a low-rise residential zoneare considered. 2 - 30 Table 7-5: For Cluster Townhouse Dwelling Units RegulationRES-1RES-2RES-3RES-4RES-5 (3)RES-6 (3)RES-7 22 Minimum Lot Area525m525m Minimum Lot Width19.0m19.0m Minimum Front Yard or Exterior 4.5m 3.0m Yard Setback Minimum Interior 4.5m4.5m Side Yard Setback Minimum Rear Yard 6.0m4.5m Setback Minimum 20%20% Landscaped Area Minimum Floor 0.6(1) (4) Space Ratio Maximum Floor 0.62.0(1) Space Ratio Minimum Building 7.5m Height Maximum Building 11.0m25.0m Height Maximum Number 38 ofStoreys Minimum Number 5 ofDwelling Units Private Patio Area(2)(2) (1) Combined total Floor Space Ratioof all useson the lot. (2) For each dwelling unitlocated at ground floor level, aprivate patio area adjacent to the dwelling unitwith direct access to such dwelling unitshall be provided. (3) The regulations within Table 7-5 shall not apply to anexisting cluster townhouse dwellingon an existing lot. (4) Individual buildingswill not be required to achieve the minimum floor space ratiowhere there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio. 2 - 31 Table 7-6: For Multiple Dwellings and Non-Residential Uses RegulationRES-1RES-2RES-3RES-4 (6)RES-5 (6)RES-6 (6)RES-7 (6) 22 Minimum Lot Area495m495m Minimum Lot Width15.0m19.0m(1)30.0m30.0m Minimum Front Yard or Exterior 4.5m 4.5m 3.0m3.0m Yard Setback Minimum Interior 3.0m3.0m4.5m4.5m (5) Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m7.5m (5) Setback Minimum 20%20%20%20% Landscaped Area Minimum Floor 0.6 (2) (7)2.0 (2) (7) Space Ratio Maximum Floor 0.60.62.0 (2) 4.0 (2) Space Ratio Minimum building 11.0m14.0 m height Maximum Building 11.0m11.0m25.0m(5) Height Maximum number 338 ofstoreys Minimum number of 55 dwelling units Maximum number 4 ofdwelling units Private Patio Area(3)(3)(3)(3) Maximum Gross Floor Areaof 22 600m(4)600m(4) Individual Non- Residential Use (1) A multiple dwellingup to 4 dwellingunits shall have a minimum lot widthof 15.0metres. (2) Combined total floor space ratioof all uses on the lot. (3) For multiple dwellingswith 4 dwelling unitsor more, each dwelling unitlocated at ground floor level shall have an private patio area adjacent to the dwelling unitwith direct access to such dwelling unit. (4) The total gross floor areaof all non-residential usesshall not exceed 25% of the total gross floor areaon a lot. (5) The maximum building heightshall be 25 metreswithin 15 metresof a lotwith a (RES-6) Medium Rise Residential Six Zone. (6) The regulations within Table 7-6 shall not apply to an existing multiple dwelling on an existing lot. 2 - 32 (7)Individual buildings will not be required to achieve the minimum floor space ratiowhere there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio. Table 7-7: Lodging House, Hospice, Small Residential Care Facility and Large ResidentialCare Facility RegulationRES-1RES-2RES-3RES-4RES-5RES-6RES-7 Regulations(1)(1)(1)(1)(1)(1) (1)Shall be in accordance with the regulations of the RES Zone and dwellingtype in which the lodging house, hospice orsmall residential care facilityis located. A large residential care facility shall be in accordance with the regulations of the RES zone for multiple dwellings. 7.4Outdoor Storage No outdoorstorageshall be permitted in an RES zone. 7.5Other Applicable Regulations and Sections For other applicable regulations and sectionssee Section 3: Definitions, Section 4: General Regulations and, Section 5: Parking, Loading, and Stacking. 33.Subsection8.1 ofBy-law Number 2019-051 is amended by deleting the words zonedfor therefrom and substituting the words low-rise therefor wherever they appear. 34.Subsection8.3, Table 8-2ofBy-law Number 2019-051 is amended by deleting theentire stepbackfor mid rise buildingsandtall buildingswhere the base abuts a low-rise residential zonetherefrom. 35.Subsection10.3, Table 10-2ofBy-law Number 2019-051 is amended by deleting the building heightfor a buildinglocated less than 14 metres from a yard abutting a residential zonetherefrom. 36.Subsection11.3,Table 11-2 ofBy-law Number 2019-051 is amended by deleting the words nedfor a low density residential usetherefrom and substituting the words with alow-rise residential zone. 37.Subsection18.2 a)of By-law Number 2019-051 is amended by adding the following subsection (iii) thereto: By- provisions of Section 18 apply, were included on Appendix A, either through the initial passing of this By- 2 - 33 38.Subsection11.3ofBy-law Number 2019-051 is amended by deletingthe wordsand a minimum stepbackof 3 metres where the base abuts a low-rise residential zone therefrom. 39.Section 19, Specific Provision (73) ofBy-law Number 2019-051 is amended to read as follows: (73)Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 144, 145, 215, 216, 243, 244, 259, 260, 279, 280, 281, 282, 286, 287, 288, 296, and 297 of Appendix A, a golf courseshall also be permitted and no building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property with a low-rise residential zone. 40.Section 19, Specific Provision (80) of By-law Number 2019-051 is amended to read as follows: (80)Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid Schedule 15, 16, 37, 38, 144, 145, 172, 280, 243, 244, 259, 279, 281, 282, 286, 287 and 288 of Appendix A, the following shall apply: a)The following usesare also permitted: a.Golf course b.Curling Rink or Arena (1) c.Swimming Facility (1) d.Tennis Facility (1) b)No building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property with a low-rise residential zone. (1) Shall be subordinate to and located on the same premises as a golf course. 41.Section 19,Specific Provision (159)ofBy-law Number 2019-051 is amended to read as follows: (159) -Within the lands zoned RES-3, RES-4 and RES-5 and shown as affected by this provision in Appendix A, an attached private garage or detached private garage shall be located 5.5 metres behind the frontfaçadeof the principal building. 2 - 34 42.Section 19,Specific Provision (160) of By-law Number 2019-051 is amended to readas follows: (160)-Within the lands zoned RES-3, RES-4 and RES-5 and shown as affected by this provision in Appendix A, a new single detached dwellingornew semi-detached dwelling shall includea porch on at least one street line façadeand in accordance with Subsection4.14.7. Maps 43.By-law Number 2019-included herein within Attachment 1. 44.By-law Number 2019-included herein within Attachment 2. PASSED at the Council Chambers in the City of Kitchener this day of , 2021. _____________________________ Mayor _____________________________ Clerk 2 - 35 Attachment 1 2 - 36 2 - 37 Attachment 2 2 - 38 2 - 39 Attachment B 2 - 40 2 - 41 2 - 42 2 - 43 2 - 44 2 - 45 2 - 46 2 - 47 2 - 48 2 - 49 ZONING BY-LAW 2019-051 FOR THE CORPORATION OF THE CITY OF KITCHENER April 30, 2021 Draft Working Consolidation* Track Changes to Incorporate Residential Base Zones *Consolidation excludes Provisions in Section 19, 20, and 21 -law (Stage 2a) 2 - 50 Table of Contents Page 1of 4 SECTION 1 General Scope and Administration 1.1Title 1.2Conformity and Compliance with the By-Law 1.3Compliance with Other Legislation 1.4Application 1.5Validity 1.6Effective Date 1.7Repeal of Existing By-laws 1.8Zoning Occupancy Certificate 1.9Technical Revisions to the Zoning By-law 1.10Contents of This By-law SECTION 2 Interpretation, Classification, and Limits of Zones 2.1Interpretation 2.1.1 Word Usage 2.1.2 Defined Terms 2.1.3 References to Acts 2.1.4 Use of Tables 2.2Zones, Zoning Grid Schedules, and Appendices 2.2.1 Reference to Zone Categories 2.2.2 Zoning Grid Schedules 2.2.3 Grand River Conservation Authority Regulated Area 2.3Limits of Zones SECTION 3 Definitions SECTION 4 General Regulations 4.1Accessory Buildings and Structures 4.2Accessory Uses 4.3Bonusing 4.4Condominums 4.4.1 Standard Condominiums 4.4.2 Vacant Land Condominiums 4.4.3 Common Element Condominiums 4.5Corner Visibility Triangles, Corner Visibility Areas and Driveway Visibility Triangles 4.6Frontage on a Street 4.7Home Occupation 4.7.1 Regulations for Home Occupations 4.7.2 Permitted Home Occupation Uses 4.8Non-Compliance as a Result of Land Acquisition 4.9Group Homes 4.10Correctional Group Homes 4.11Location of Lodging Houses 4.12Number of Dwellings per Lot 4.12.1 One Additional Dwelling Unit (Attached)Second Dwelling Units (Attached) 4.12.2 Two Additional Dwelling Units (Attached)Second Dwelling Units (Detached) 4.12.3 Additional Dwelling Units (Detached) City of Kitchener Zoning By-law 2019-051 2 - 51 Table of ContentsPage 2of 4 4.13Permitted Projections above Height Restrictions 4.14Permitted Projections into Required Yards 4.14.1 Architectural Features 4.14.2 Balconies 4.14.3 Canopies 4.14.4 Decks 4.14.5 Heating, Ventilation, and Air Conditioning Equipment 4.14.6 Pools and Hot Tubs 4.14.7 Porches 4.14.8 Restaurant Patios, Decks, and Outdoor Recreation 4.14.8.1 Restaurant Patios, Decks, and Outdoor Recreation 4.14.8.2 Private Patios 4.14.9 Satellite Dishes and Antennas 4.14.10 Steps and Access Ramps 4.15Permitted Uses 4.15.1 Automotive Detailing and Repair Operation, and Heavy Repair Operation 4.15.2 Construction Uses 4.15.3 Drive-Through Facilities 4.15.4 Food Cart 4.15.5 Gas Station 4.15.6 Model Home 4.15.7 Public Uses and Utilities 4.15.8 Shipping Container 4.15.9 Towing Compounds 4.15.10 Temporary Sales Centre 4.16Setbacks from railways 4.17Two or more zones on a lot 4.18Visual Barrier 4.19Transition to Low-Rise Residential SECTION 5Parking, Loading, and Stacking 5.1Applicability 5.2Parking Provisions 5.3Parking Space and Parking Lot Provisions 5.3.1 Parking Space Dimensions 5.3.2 Location of Parking Spaces for Non-Residential Uses and Mixed Use Buildings 5.3.3 Location of Parking Spaces for Residential Uses 5.3.4 Location of Parking Spaces on the Ground Floor of a Building 5.4Driveway and Garage Provisions for Residential Uses 5.5Bicycle Parking Stall Provisions 5.6Minimum and Maximum Parking Space Provisions 5.7Parking Requirements for mixed-use buildings & Developments 5.8Electric Vehicle Parking Space Provisions 5.9Barrier-Free Accessible Parking Space Provisions 5.10Loading Space Provisions 5.11Stacking Provisions 5.12Equipment and Vehicle Storage Provisions 5.12.1 Commercial Vehicles and Equipment 5.12.2 Major Recreational Equipment 5.12.3 Utility Trailers City of Kitchener Zoning By-law 2019-051 2 - 52 Table of Contents Page 3of 4 5.12.4 Vehicles with a Snow Plough Blade SECTION 6 Urban Growth Centre (UGC) Zones 6.1\[Reserved\] SECTION 7 Residential (RES) Zones 7.1Applicable Zones\[Reserved\] 7.2Permitted Uses 7.3Regulations 7.4Outdoor Storage 7.5Other Applicable Regulations and Sections SECTION 8 Mixed Use (MIX) Zones 8.1Applicable Zones 8.2Permitted Uses 8.3Regulations 8.4Visual Barrier 8.5Outdoor Storage 8.6Location of Parking Spaces and Loading Spaces SECTION 9 Commercial (COM) Zones 9.1Applicable Zones 9.2Permitted Uses 9.3Regulations 9.4Visual Barrier 9.5Outdoor Storage SECTION 10 Employment (EMP) Zones 10.1 Applicable Zones 10.2 Permitted Uses 10.3 Regulations 10.4 Visual Barrier 10.5 Outdoor Storage 10.6 Location of Parking Spaces and Loading Spaces SECTION 11 Institutional (INS) Zones 11.1 Applicable Zones 11.2 Permitted Uses 11.3 Regulations 11.4Visual Barrier 11.5 Outdoor Storage SECTION 12 Agriculture (AGR) Zones 12.1 Applicable Zones 12.2 Permitted Uses 12.3 Regulations SECTION 13 Natural Heritage Conservation (NHC) Zones 13.1 Applicable Zones 13.2 Permitted Uses City of Kitchener Zoning By-law 2019-051 2 - 53 Table of Contents Page 4of 4 SECTION 14 Existing Use Floodplain (EUF) Zones 14.1 Applicable Zones 14.2 Permitted Uses 14.3 Regulations 14.4 Underground Parking Facilities SECTION 15 Open Space and Recreation (OSR) Zones 15.1 Applicable Zones 15.2 Permitted Uses 15.3 Regulations SECTION 16 Major Infrastructure and Utility (MIU) Zones 16.1 Applicable Zones 16.2 Permitted Uses 16.3 Regulations 16.4 Visual Barrier 16.5 Outdoor Storage SECTION 17 Overlays 17.1 Applicable Overlays 17.2 Regulations 17.2.1 Flooding Hazard 17.2.2 Slope Erosion Hazard 17.2.3 Significant Wildlife Habitat and Significant Landforms 17.2.4 Ecological Restoration Areas SECTION 18 Transition Provisions 18.1 General Transition Matters 18.2 Complete Application Transition Matters 18.3 Transition Sunset Clause SECTION 19 Site Specific Provisions 19.1 Site Specific Provisions SECTION 20 Holding Provisions 20.1 Holding Provisions SECTION 21 Temporary Use Provisions 21.1 Temporary Use Provisions APPENDIX A Zoning Grid Schedules APPENDIX B Grand River Conservation Authority Regulated Area APPENDIX C Central Neighbourhoods APPENDIX D City of Kitchener Zoning By-law 2019-051 2 - 54 SECTION 1Page 1of 2 1.1 TITLE This By-law shall be k-heCity. 1.2 CONFORMITY AND COMPLIANCE WITH THE BY-LAW No person shall erect, alter, enlarge,or useany land, building,orstructure within the city in whole or in part,except as expressly permitted in this By-law.For greater certainty, all uses of land shall be considered to be prohibited usesunless specifically permitted herein. 1.3 COMPLIANCE WITH OTHER LEGISLATION Nothing in this By-law shall be construed to exempt any person from complying with the requirements of any other by-law of the City or any other government statute and/or regulation that may otherwise affect the useof land, buildings, or structures. 1.4 APPLICATION The provisions of this By-law shall apply to all lands in the city shown on Appendix A. For greater certainty, land shown on Appendix A with diagonal hatching and labelled with By- law Number 85-1, By-law Number 4830, or By-law Number 878A is included for convenience of reference only and does not form part of this By-law. 1.5 VALIDITY If any portion of this By-law is for any reason held to be invalid, it is hereby declared to be the intention that all the remaining provisions of said By-law shall remain in full force and effect until repealed, despite that one or more provisions thereof shall have been declared tohave beeninvalid. 1.6 EFFECTIVE DATE a)This By-law shall come into effect on the date of passage. b)The provisions of this By-law enabled by Official Plan Amendment 103 and Official Plan Amendment 6 (2019), shall come into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. 1.7 REPEAL OF EXISTING BY-LAWS All the provisions in By-law Number 85-1, By-law Number 4830, and By-law Number 878A, insofar as they affect the lands shown on Appendix A, are repealed. City of Kitchener Zoning By-law 2019-051 2 - 55 SECTION 1Page 2of 2 1.8 ZONING OCCUPANCY CERTIFICATE a) No change may be made in the type of useof any premises covered by this By- law without the issuance of a Zoning Occupancy Certificate. A Zoning Occupancy Certificate shall be required for each useon a lot or within a building containing multiple uses. b) Despite Subsection a), no Zoning Occupancy Certificate shall be required for a single detached dwelling, semi-detached dwelling, street townhouse dwelling, additional dwelling unit(s) (attached), additional dwelling unit (detached)second dwelling unit (attached),second dwelling unit (detached),orprivate home day care. c) Nothing in this By-law applies to prevent the issuance of a Zoning Occupancy Certificate for a permitted usewithin lands, building, or structures established in accordance with the Transition Provisions of Section 18. 1.9 TECHNICAL REVISIONS TO THE ZONING BY-LAW Technical revisions may be made to this By-law without the need for a Zoning By-law Amendment. Technical revisions means the correction of numbering, cross-referencing, grammar, punctuation or typographical errors, mapping errors, or revisions to format in a manner that does not change the intent of this By-law. 1.10 CONTENTS OF THIS BY-LAW a) Figures form part of this By-law. Tables form part of this By-law and specify permitted uses and/or regulations. b) Appendices A, C and D form part of this By-law. Appendix B is included for convenience of reference only and does not form part of this By-law. a) Appendix A forms part of this By-law. Appendix B is included for convenience of reference only and does not form part of this By-law. b)c) Reference aids such as tables of contents, marginal notes, headers, footers, headings, and illustrations are included for convenience of reference only and do not form part of this By-law. For greater certainty, illustrations are to be used as examples to show the application of a regulation, and shall not be construed to have general application beyond their context. City of Kitchener Zoning By-law 2019-051 2 - 56 SECTION 2Page 1of 5 2.1 INTERPRETATION 2.1.1 Word Usage a) Words used in the present tense include the future; words in the singular include the plural; words in the plural include the singular. b) The word "shall" is to be construed as being always mandatory and requires full strued as being permissive. c) By-l particular section of this By-law. d) Where a section or provision of this By- to leave space for possible future amendments to this By-law. For greater does not form part of this By-law. 2.1.2 Defined Terms Italicized terms herein are defined in Section 3. Defined terms are intended to capture both the singular and plural forms of these terms. For non-italicized terms, the grammatical and ordinary meaning of the word applies. Terms may be italicized only in specific regulations; for these terms, the defined meaning applies where they are italicized and the grammatical and ordinary meaning applies where they are not italicized. Where a defined term in Section 3 is listed in a different order than it appears elsewhere in this By-law, it is done for the ease and convenience of locating and identifying the term with other like terms. 2.1.3 References to Acts Where any legislation or portion thereof is referenced herein, it is intended that such references should be interpreted to include any subsequent legislation and related regulations that may amend or replace the specific statute. 2.1.4 Use of Tables Theuses permitted in a zone are noted in a permitted use. Within a permitted usetable, a blank cell means the use is not permitted in that zone. Within a regulations table, a blank cell means no regulation applies. A number in brackets in a table indicates that one or more additional regulations apply. shall mean gross floor area,t 2 square metres. City of Kitchener Zoning By-law 2019-051 2 - 57 SECTION 2 Page 2of 5 2.2ZONES, ZONING GRID SCHEDULES, AND APPENDICES 2.2.1 Reference to Zone Categories Sections 6 through 16 comprise different zone categories that include one or more zones. A reference made to a zone category includes all zones within that zone category. Azone orzone category may be referred to by the following symbols: City of Kitchener Zoning By-law 2019-051 2 - 58 SECTION 2 Page 3of 5 Urban Growth Centre (UGC) Zones Symbol Reserved Reserved Residential (RES) Zones Symbol Reserved Reserved Low Rise Residential One Zone RES-1 Low Rise Residential Two Zone RES-2 Low Rise Residential Three Zone RES-3 Low Rise Residential Four Zone RES-4 Low Rise Residential Five Zone RES-5 Medium Rise Residential Six Zone RES-6 High Rise Residential Seven ZoneRES-7 Mixed Use (MIX) Zones Symbol Mixed Use One MIX-1 Mixed Use Two MIX-2 Mixed Use Three MIX-3 Commercial (COM) Zones Symbol Local Commercial COM-1 General Commercial COM-2 ArterialCommercial COM-3 Commercial Campus COM-4 Employment (EMP) Zones Symbol Neighbourhood Industrial Employment EMP-1 General Industrial Employment EMP-2 Heavy Industrial Employment EMP-3 Service Business Park Employment EMP-4 General Business Park Employment EMP-5 Institutional (INS) Zones Symbol Neighbourhood Institutional INS-1 Major Institutional INS-2 Agriculture (AGR) Zones Symbol Prime Agriculture AGR-1 Natural Heritage Conservation (NHC) ZonesSymbol Natural Heritage Conservation NHC-1 Existing Use Floodplain (EUF) ZonesSymbol Existing Use Floodplain EUF-1 City of Kitchener Zoning By-law 2019-051 2 - 59 SECTION 2Page 4of 5 Open Space and Recreation (OSR)Zones Symbol Recreation OSR-1 Open Space: Greenways OSR-2 Open Space: Stormwater Management OSR-3 Major Infrastructure and Utility (MIU) ZonesSymbol Major Infrastructure and Utility MIU-1 2.2.2 Zoning Grid Schedules a) The location, extent, and boundaries of all zones are shown on Appendix A. b) The location, extent, and boundaries of overlays are shown on Appendix A with a hatching over top of the underlying zones. c)The location, extent, and boundaries of site specific provisions are shown on Appendix A where a zone symbol is followed by a number in parentheses. d) The location, extent, and boundaries of holding provisions are shown on Appendix A where a zone symbol is followed by a e) The location, extent, and boundaries of temporary use provisions are shown on Appendix A where a zone symbol is foll parentheses. 2.2.3 Grand River Conservation Authority Regulated Area The Grand River Conservation Authority Regulated Area is delineated on Appendix B and illustrates areas that may be regulated in accordance with the Conservation Authorities Act. The actual regulated area may differ from the area shown on Appendix B. 2.3 LIMITS OF ZONES When determining the boundary of any zone as shown on Appendix A, the following shall apply: a) aboundary indicated as following a street,lane, railway right-of-way, utility corridor, or watercourse shall be the centre-line of the applicable feature and the applicable feature shall be included within the zone of the adjoining lot(s) on the sides thereof; b) aboundary indicated as following lot lines on the date of passage of this By-law or the municipal boundaries of the city shall follow such lot lines or boundary; and, City of Kitchener Zoning By-law 2019-051 2 - 60 SECTION 2 Page 5of 5 c)where a boundary is left uncertain after reference to Subsections i)and ii), the boundary shall be determined either figures contained in site specific provisions or holding provisions or scaled from Appendix A. City of Kitchener Zoning By-law 2019-051 2 - 61 SECTION 3 Page 1of 25 A Access Aisle means the space abutting parking spaces or bicycle parking stalls for pedestrian access to vehicles. Accessory means a use or building that is commonly incidental, subordinate,and exclusively devoted to the principal use(s) or primary building(s) situated on the same lot. Adult Sex Film Theatre means the useofabuilding for the making or showing of films classified as adult sex film by the Ontario Film Review Board. Agriculturemeans the useof a premises for the growing of crops including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish;aquaculture; apiaries; agro-forestry; maple syrup production; vertical farming; and associated on-farm buildings andstructures, including livestock facilities, manure storages, andvalue-retaining facilities. Agriculture can include equestrian establishment. Agriculture-Related means the useof a premises for commercial and industrial purposes that are directly related to and support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. Agriculture-related caninclude storage or processing of food grown in the area, and farm input supplies such as feed, seeds,and fertilizer. Amusement Park means the useof a premises where rides, slides, play facilities,and games of chance or skill are provided for public amusement, and can include a water park, go-kart track, paintball facility, and miniature golf facility. Angled Parking Space seeParking Space, Angled Animal Shelter means the useof a premises where lost, abandoned, or rescued animals are boarded for the purposes of care, claiming, or adoption. Architectural Features means decorative features of a building such as window sills, chimney breasts, belt courses, cornices, parapets, and/or eaves. means the useof a premises for the making, study,or instruction of a performing or visual art;or the workplace of an artisan such as a painter, sculptor, photographer, dressmaker,or tailor. shall not include an adult sex film theatre. Additional Dwelling Unit (Attached) seeDwelling Unit (Attached), Additional Additional Dwelling Unit (Detached) seeDwelling Unit (Detached), Additional City of Kitchener Zoning By-law 2019-051 2 - 62 SECTION 3 Page 2of 25 Attic means the uninhabitable portion of a building orstructure that is immediately below the roof and wholly or partially within the roof framing,having an interior height of 1.8 metres or less. A habitable or finished attic, or an uninhabitable or unfinished attic with an interior height greater than 1.8 metres,is considered to be a storey. Automotive Detailing and Repair Operation see Repair Operation, Automotive Detailing and B Back-to-Back Townhouse Dwelling seeDwelling, Back-to-Back Townhouse Base means the ground floor and immediate floors above the ground floor of a building that form the bottom section or podium of a mid-rise building ortall building. Bed and Breakfast means a home occupation that provides overnight accommodation of the traveling public,or temporary living accommodations,and shall not include a hotel,lodging house, orgroup home. Below Grade means any portion of a building where the finished grademeets the exterior wall at an elevation not more than 0.5 metres below the elevation of the underside of an interior ceiling and the maximum slope taken from the closest lot lineis not more than 18 degrees (3:1 slope). In the case where a retaining wall has been installed to meet these criteria, that portion of the building shall in no way be considered to be below grade. Bicycle Locker means an individual bicycle storage unit that is weather protected, enclosed, andhasa controlled access system. Bicycle Parking Stall means a Class A bicycle parking stall and a Class B bicycle parking stall. Bicycle Parking Stall, Class A means abicycle locker oran enclosed, secure area with controlled access in which a bicycle may beparked and secured for the long term in a stable position with at least one point of contact with the frame of the bicycle. Bicycle Parking Stall, Class B means an area in which a bicycle may be parked and secured for the short term in a stable position with two points of contact with the frame of the bicycle. Biotechnological Establishment means the use of a premises for the research, development, application, and production of bio-organisms, which may or may not be used in a manufacturing process, butshall not include the slaughtering, eviscerating, rendering, or cleaning of meat, poultry, fish, or by-products thereof;animal husbandry;or the raising of animals. Bonus Value means additional floor space ratio orbuilding floor area that may be provided on alot in exchange for facilities, services,or matters that benefit the community. floor space ratio or building floor area beyond what is permitted by the maximum base floor space ratio in a zone. Brewpub means the use of a building for the small-scale production of beer, wine, cider, and/or spirits in conjunction with a restaurant. City of Kitchener Zoning By-law 2019-051 2 - 63 SECTION 3 Page 3of 25 Building means a structure occupying an area equal to or greater than 10 square metres and consisting of any combination of walls, roof, and floor, but shall not include a shipping container. Building, Low-Rise means a building between 1 and 3 storeys. Building, Mid-Rise means a building between 4 and 8 storeys. Building, Tall means a building of 9ormore storeys. Building Floor Area means the aggregate horizontal floor area measured from the exterior walls of all storeys of a building excluding any floor area located below grade.The midpoint of a common wall shall be considered the face of the exterior in the case of common walls located on alot line. Building Height means the vertical distance between the highest finished grade level at the perimeter of the building and the uppermost point of the building. For all uses except asingle detached dwelling with or without a second dwelling unit (attached), at no point shall the vertical distance between the lowest finished grade and the uppermost point of the building exceed 110% of the maximum building height in the applicable zone. Building Height means the vertical distance between the highest elevation of the finished ground immediately surrounding the perimeter of the building and the uppermost point of the building. For all uses except a single detached dwelling with or without additional dwelling unit(s) (attached), at no point shall the vertical distance between the lowest elevation of the finished ground immediately surrounding the perimeter of the building and the uppermost point of the building exceed 110% of the maximum building height in the applicable zone. Building Material and Decorating Supply Establishment means the useof a premises for third party wholesale distribution of lumber and/or building supplies including roofing, masonry, plumbing, heating, electrical, paint, and similar items.Building material and decorating supply establishment shall not include a home improvement store. Bulk Fuel and Oil Storage Establishment means the use of a premises for the bulk storage orthird party wholesale distribution of gasoline, oil, petroleum products,or other flammable liquids, but shall not include a gasstation. C Campground means the useof apremises for the temporary accommodation of the travelling public inmajor recreational equipment, or tents for recreational use. Canine and Feline Grooming Establishment means a home occupation for the grooming of dogs and/or cats, including bathing, cutting of hair, trimming of nails, and other services generally associated with the act of grooming, but shall not include pet boarding,pet services establishment, or veterinary services. City of Kitchener Zoning By-law 2019-051 2 - 64 SECTION 3 Page 4of 25 Car Wash means the use of a premisesfor the cleaning of motor vehicles,but shall not include the cleaning of commercial vehicles.An automatic car wash shall be considered a drive-through facility, and canincludestacking lanes. Catering Service Establishment means the use of a premises for the preparation of food or beverages on-site, strictly for the consumption of these products off-site. Cemetery means the useof a premises for the interment of human remains and includes a mausoleum, columbarium, or other structure intended for the interment of human remains. A cemetery shall not include a crematorium. City means the Corporation of the City of Kitchener. city means the geographic area comprising Kitchener. Class A Bicycle Parking Stall seeBicycle Parking Stall, Class A Class B Bicycle Parking Stall seeBicycle Parking Stall, Class B Cluster Townhouse Dwelling seeDwelling, Cluster Townhouse Commercial Driver and Training Establishment means the useof a premises where teaching or instruction of the operation of commercial vehicles and/or heavy equipment is offered. Commercial Entertainment means the useofabuilding for the entertainment of the public and caninclude a cinema;performing arts venue; amusement arcade;billiard room;bowling alley; bingo hall;electronic,laser, or virtual reality game;hall; sport simulators;miniature golf facility; paintball facility; go-kart track; climbing facility; and play facility as well as accessory retail thereto. Commercial entertainment shall not include an adult sex film theatre oramusement park. Commercial Parking Facility means the use of a premises for the temporary parking of motor vehicles in parking spaces and/or tandem parking spaces.A commercial parking facility shall not include the storage of motor vehicles or any required parking spaces associated with a use. Commercial School see School, Commercial Commercial Vehicle see Vehicle, Commercial Commercial Vehicle Wash Facility means the useof a premisesfor the cleaning of commercial vehicles. Commercial Water Taking means a useof alot where water is extracted from surface or ground water,and where some or all of such extracted water is transported from the site for sale. Community Facility means the useof a premises for a multi-purpose facility that offers a combination of recreational, cultural, community service and information or instructional programs, and can include a community centre, community space, arena, library, and/or swimming facility. City of Kitchener Zoning By-law 2019-051 2 - 65 SECTION 3 Page 5of 25 Computer, Electronic,Data Processing, orServer Establishment means the useof a building for software development and testing, or for the collection, analysis, processing, storage, or distribution of electronic data. Conference, Convention,or Exhibition Facility means the useof a premises as the place of assembly or venue for intermittent events such as conferences, conventions, exhibitions, seminars, banquets, or product and trade fairs. Continuing Care Community means the use of a premises that is planned, developed, managed, and operated as a continuum of accommodations and care, and is comprised of a large residential care facility and may contain an independent living facility. Convenience Retail see Retail, Convenience Corner Lot seeLot, Corner Corner Visibility Area -means the area formed within a corner lot by two triangles, where the intersecting street lines form the legs of each triangle and the triangles extend from the street line point of intersection. Corner Visibility Triangle means a triangular area formed within a corner lot by the intersecting street lines or the projections thereof,and a straight line connecting them from their point of intersection. Correctional Group Home seeGroup Home, Correctional Craftsperson Shop means the useof a premises for the creation, finishing, refinishing,or similar production of custom or hand-made commodities. Crematorium means the useof a building for the purpose of cremating human remains that is approved under the Funeral, Burial and Cremation Services Act. Cultural Facility means the useof apremises for the creation, production,and viewing of arts and culture,andcaninclude a museum,art gallery, performing arts venue, auditorium, exhibition facility,and managed historical sites,but shall not include an adult sex film theatre. Cultural Heritage Resources means buildings, structures and properties designated under the Ontario Heritage Act or listed on the Municipal Heritage Register; protected by a heritage easement or covenant; properties identified on the Heritage Kitchener Inventory of Historic Buildings;built heritage resources;and cultural heritage landscapes as defined in the Provincial Policy Statement. D Day Care Facility means the useof apremises licensed under Provincial legislation to operate a facility for the purpose of providing temporary care for children for a continuous period of time not exceeding twenty-four hours. City of Kitchener Zoning By-law 2019-051 2 - 66 SECTION 3 Page 6of 25 Day Care, Private Home means a home occupation that accommodates: a)five children or less where unlicensed under Provincial legislation; or, b)six children or less where licensed under Provincial legislation, at any one time for the purpose of providing temporary care for a continuous period of time not exceeding twenty-four hours. Discarded Motor Vehicle seeVehicle, Discarded Motor Drive Aisle means an internal vehicle route immediately adjacent to parking spaces and/or loading spaces,which provides direct vehicular access to and from parking spaces and/or loading spaces,butshall not include a driveway. Drive-Through Facility means the useof a premises including stacking lanesandan order station with or without voice communication, where products or services are provided through a servicewindow or an automated machine to patrons remaining in their motor vehicle. Driveway means a vehicle route that provides access from a street orlane to a drive aisle, parking space, or parking lot. Driveway Visibility Triangle means a triangular area formed within a lot by the intersection of anedge of a driveway and a lot line, or the projections thereof, and a straight line connecting them from their point of intersection. Dwelling means a building containing one or more dwelling units and can include a single detached dwelling,semi-detached dwelling,street townhouse dwelling,second dwelling unit (attached),second dwelling unit (detached),cluster townhouse dwelling,multiple dwelling,small residential care facility,or large residential care facility. Dwelling means a building containing one or more dwelling units and can include a single detached dwelling,semi-detached dwelling,street townhouse dwelling,additional dwelling unit (attached),additional dwelling unit (detached),cluster townhouse dwelling,multiple dwelling, small residential care facility,orlarge residential care facility. Dwelling, Back-to-Back Townhouse means the useof a building divided vertically into three or more dwelling units by common walls, including a common rear wall, which prevents internal access between dwelling units. Dwelling, Cluster Townhouse means the use of a building divided vertically into three or more dwelling units by common walls which prevent internal accessbetween dwelling units andextends from the base of the foundation to the roof line. A cluster townhouse dwelling isnot a street townhouse dwelling ormultiple dwelling. Dwelling, Multiple means the use of a building containing three or more dwelling units, and can include a stacked townhouse dwelling andback-to-back townhouse dwelling.A multiple dwelling is not a street townhouse dwelling,mixed use building,cluster townhouse dwelling,single City of Kitchener Zoning By-law 2019-051 2 - 67 SECTION 3Page 7of 25 detached dwelling withadditional dwelling units (attached) or semi-detached dwelling with additional dwelling units (attached). Dwelling, Multiple means the useof a building containing three or more dwelling units, and can include a stacked townhouse dwelling and back-to-back townhouse dwelling.Amultiple dwelling isnot a street townhouse dwelling,mixed use building,or cluster townhouse dwelling. Dwelling, Semi-Detached means the useof a building divided vertically into two semi-detached dwelling units (as theprincipal use of the building) by a common wall which prevents internal access between dwelling units and extends from the base of the foundation to the roofline. Each semi-detached dwelling unit shall be designed to be located on a separate lot. Dwelling, Single Detached means the use of a building containing one dwelling unit as the principal useof the building. Dwelling, Street Townhouse means the useof a building divided vertically into three or more dwelling units (as the principal use of the building) by common walls which prevent internal access between dwelling units and extends from the base of the foundation to the roofline. Each street townhouse dwelling unit shall be designed to be on a separate lot.Street townhouse dwelling shall not include a cluster townhouse dwelling ormultiple dwelling. Dwelling Unit means the useof a building that contains a room or suite of habitable rooms which: a)is located in a dwelling ormixed use building; b)is occupied or designed to be occupied by a household as a single, independent and separate housekeeping establishment; c)contains both a kitchen and bathroom used or designed to be used for the exclusive common use of the occupants thereof; and, d)has a private entrance leading directly to the outside ofthe building ortoa common hallway or stairway inside the building. Dwelling Unit, Farm-Related means the use of a dwelling unit that is accessory to agriculture. Dwelling Unit (Attached), Second means the useof a single detached dwelling, semi- detached dwelling unit, or street townhouse dwelling unit where a separate self-contained dwelling unit is located within the principal building. Dwelling Unit (Detached), Second means the useof a building where a separate self- contained dwelling unit located in a detached building on the same lot as an associated single detached dwelling, semi-detached dwelling unit,orstreet townhouse dwelling unit. Asecond dwelling unit (detached) is not an accessory building. City of Kitchener Zoning By-law 2019-051 2 - 68 SECTION 3Page 8of 25 Dwelling Unit (Attached), Additional means the useof a single detached dwelling, semi- detached dwelling unit, or street townhouse dwelling unit where a separate self-contained dwelling unit is located within the principal building. Dwelling Unit (Detached), Additional means the useof a building where a separate self- contained dwelling unit located in a detached building on the same lot as an associated single detached dwelling, semi-detached dwelling unit,or street townhouse dwelling unit. An additional dwelling unit (detached) is not an accessory building. E Electrical Transformer Station means the useofapremises to manage the transmission and distribution of electrical power that is provided to the public. Electric Vehicle Supply Equipment means electric vehicle supply equipment as defined in the Ontario Building Code. Elementary School seeSchool, Elementary Equestrian Establishment means the useofapremises where horses are boarded, groomed, and/or available for riding and training. Established Front Yard -means a) In thecase ofa lot that is not a corner lot: the average of the front yards of the abutting lots with a low rise residential zone and where there is a vacant lot abutting the affected lot, the average of the front yards of the next adjacent lot with a low rise residential zone; and b) in thecase ofa corner lot: the front yard of the abutting lot with a low rise residential zone, in which the principal pedestrian entrance is oriented towards the same street, andwhere there is a vacant lot abutting the affected lot, the front yard of the next adjacent lot with a low rise residential zone. Existing means a currently existing thing that was: a)lawfully existing immediately prior to the date of passage of this By-law; or, b)established in accordance with the Transition Provisions of Section 18. Exterior Side Lot Line seeLot Line, Exterior Side Exterior Side Yard see Yard, Exterior Side F City of Kitchener Zoning By-law 2019-051 2 - 69 SECTION 3 Page 9of 25 Façademeans an exterior building wall or series of exterior building walls excluding architectural features. Façade, Street Line means the façade oriented toward the street line. Façade Opening means any window or entrance on a façade which provides clear visibility or access from the outside to goods, exhibits,or the interior spaces of abuilding.Façade openings may include materials such as mullions but shall exclude materials such as spandrel. Farm-Related Dwelling Unit seeDwelling Unit, Farm-Related Fineblanking means a metal manufacturing process employing a high precision blanking or stamping technique, the finished product of which has smooth or unfractured edges and requires no further machining, and, without limiting the generality of the foregoing, no further grinding, shaving, reaming,or milling. Financial Establishment means the useofabuilding which providesfinancial services in which money is deposited, kept, lent,or exchanged, and caninclude a bank, trust company, credit union, or other similar banking service, but shall not include a payday loan establishment. Fitness Centre means the useofapremises in which facilities and activities are provided for physical exercise. Floor Space Ratio means the figure obtained when the building floor area on a lot is divided by the lot area. In the case of a building or part thereof located above a street orlane,the calculation of the floor space ratio shall include that portion of the building floor area and that portion of the area of the street orlane between the lot line and the centre line of the street or lane. Food Cart means a vehicle from which food or drink is offered for sale. Food Store means the useofapremises devoted primarily to the retail offood and food products and caninclude ancillary non-food products such as toiletries, personal care products, and hardware. Freestanding Retail Outlet seeRetail Outlet, Freestanding Front Lot Line seeLot Line, Front Front Yard seeYard, Front Funeral Home means the useofabuilding for the preparation of human remains for interment or cremation, for the viewing of the body, and for funeral services. A funeral home shall not include acrematorium. G Garage, Private means an accessory building,a portion of a dwelling, or a carport which is designed and used for the parking of one or more motor vehicles. City of Kitchener Zoning By-law 2019-051 2 - 70 SECTION 3 Page 10of 25 Garage Width, Private means the horizontal distance of a private garage along the street line façade, measured between the exterior walls, or in the case of an attached private garage that does not project beyond the façade of a dwelling unit, measured from the exterior wall abutting a side yard to the midpoint of the opposite interior wall. Garden Centre, Nursery, and/or Landscaping Supply means the useofapremises for the retail and display ofonly plants, trees and shrubs, and gardening and landscaping supplies and equipment. Gas Station means the useof apremises for the retail of automotive fuel and other auto-related products,but shall not include automotive detailing and repair operation. Golf Course means the useof apremises for playing golf and caninclude an indoor or outdoor driving range, a putting green,and similar uses,but does not include aminiature golf facility. Grade means the elevation of the finished ground or land immediately surrounding such building orstructure,andis determined by averaging 6 grade elevations equally spaced apart along the exterior walls of the building. Gross Floor Area means the aggregate horizontal area measured from the exterior faces of the exterior walls of all storeys of a building (excluding any portion of a storey devoted exclusively to parking) within all buildings on a lot. Ground Floor means the storey with its floor closest to grade and having its ceiling more than 1.8m above grade. Group Home means a residential care facility licensed or funded under Federal or Provincial statute for the accommodation of 3 to 10 persons, exclusive of staff, that provides a group living arrangement for their well-being. A group home shall not include a correctional group home. Group Home, Correctionalmeans a residential care facility licensed or funded under Federal orProvincial statute for the accommodation of 3 to 10 persons, exclusive of staff, that provides housing and rehabilitation for persons on probation, parole, early or re-release, or any other form of executive, judicial or administrative release from a penal institution. A correctional group home shall not include a group home. H Health Clinic means the useofapremises byhealth professional(s)for the purpose of consultation, diagnosis, and/or treatment of persons.Ahealth clinic caninclude medical laboratories, dispensaries, or other similar facilities,but shall not include accommodation for in- patient care,or facilities for major surgical practice. Health Office means ahome occupation that is used byhealth professional(s) for the purpose of consultation, diagnosis,and/or treatment of persons. Health Professional means aperson who practices any of the health disciplines regulated under a Provincial Act. City of Kitchener Zoning By-law 2019-051 2 - 71 SECTION 3 Page 11of 25 Heavy Repair Operation seeRepair Operation, Heavy Home Improvement Store means the useof apremises for the retailing ofhousewares and a wide range of materials, merchandise,and equipment for construction,home improvement, and home gardening. Home Occupation means the useof a building for a business that is secondary to the principal useof the building as a dwelling. Hospice means the useof abuilding where terminally ill patients receive palliative care treatment in a home-like setting with a maximum of 10patients at any given time. Hospital means the use ofapremises for the medical care, observation, supervision,and skilled nursing care of persons afflicted with or suffering from sickness, disease, or injury;or for the convalesce of chronically ill persons,that is approved under the Public Hospitals Act or under the Private Hospitals Act. Hotel means the useof a building for overnight accommodation of the travelling public and includes a motel or motor hotel but does not include alodging house,small residential care facility, large residential care facility,or bed and breakfast. Hydro Corridor autility corridor used for the transmission and distribution of electricity. I Industrial Administrative Office means the useof a building for the management or administration of an employment use. Independent Living Facility means a multiple dwelling that is part of a continuing care community, and where personal support services may be provided. Indirect Sales means a home occupation which conducts the sale of goods via mail order, telephone, fax, or internet, but shall not include direct sales or the storage of inventory on site. Indoor Recycling Operation see Recycling Operation, Indoor Institutional Use seeUse, Institutional Interior Side Lot Line seeLot Line, Interior Side Interior Side Yard seeYard, Interior Side J K L City of Kitchener Zoning By-law 2019-051 2 - 72 SECTION 3Page 12of 25 Landscaped Area means any portion of alot which has no building, that is accessible from a building orstreet on which the lot is located, and is used for the purpose of landscaping and/or anoutdoor swimming pool area. Landscaping means the landscaped area occupied by natural vegetation, surface walkways, rooftop gardens, patios, decks, playgrounds, pathways,and other similar materials, but shall not include areas for the parking of or access to motor vehicles. Light Rail Transit means rail system where electrically powered light rail vehicles operate on a track in a segregated, right of way. Lanemeans a public highway or road allowance having a width of less than 12.19 metres. Large Merchandise Retail seeRetail, Large Merchandise Light Repair Operation seeRepair Operation, Light Loading Space means a designated area located on a lot that is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods, merchandise, or materials used in connection with the main useof the lot,and which has unobstructed access to a street orlane. Lodging House means a dwelling unit where five or more persons,not including a resident owner of the property,may rent a lodging unit and where the kitchen and other areas of the dwelling unit are shared amongst the persons occupying the dwelling unit.Lodging house can include student residences and convents but shall not include a group home;hospital;any small residential care facility or large residential care facility licensed, approved, or supervised under any general or specific Act;or a hotel. Lodging Unit means a room or set of rooms located in a lodging house or other dwelling designed or intended to be used for sleeping and living accommodation which: a) is designed for the exclusive useof the resident or residents of the unit; b) is not normally accessible to persons other than the residents or residents of the unit; and, c) does not have both a bathroom and kitchen for the exclusive useof the resident or residents of the unit. Lot means a parcel of land that can be legally conveyed pursuant to Planning Act. Lot, Corner means a lot at the intersection of and abutting two streets, or parts of the same street, the adjacent sides of which street or streets (or in the case of a curved corner, the tangents of which) contain an angle of not more than 135 degrees. Corner lots shall also include a through corner lot. Lot, Through means a lot bounded by streets on two opposite sides. City of Kitchener Zoning By-law 2019-051 2 - 73 SECTION 3 Page 13of 25 Lot, Through Corner means a lot with lot linesabutting three or more separate streets,or a lot that is a corner lot and a through lot. Lot Area means the total horizontal area of a lot. Lot Coverage means that percentage of the lot area covered by all buildings. Lot Line means aline formed by the boundary of alot. Lot Line, Exterior Side means the lot line abutting a street that is not the front lot line or the rear lot line. Lot Line, Front means the lot line abutting a street with the following exceptions: a)in thecaseofa corner lot, the shorter lot line abutting a street, not including the lot line forming part of a corner visibility triangle, shall be the front lot line.Where such lot lines are of equal length, the City may deem any of the lot lines abutting a street as the front lot line; b)in thecaseofa through lot,the City may deem one of the lot lines abutting a street to be the front lot line and the other lot line abutting a street to be the rear lot line; or, c)in thecaseofa through corner lot, the City may deem any of the lot lines abutting a street as the front lot line. Lot Line, Interior Side means a lot line other than the front lot line,rear lot line,or exterior side lot line. Lot Line, Rear means the lot line farthest from and opposite to the front lot line, or in the case of a triangular lot, shall be that point formed by the intersection of the side lot lines. Lot Line, Side means an exterior side lot line and an interior side lot line. Lot Width means the horizontal distance between the side lot lines of a lot measured at the required minimum front yard setback. Lot Width means the horizontal distance between the side lot lines of a lot measured at the required minimum front yard setback.For multiple dwellings orcluster townhouse dwellings with more than onestreet line on the same street, the lot width at each street line may be summed to determine the total lot width. Low Density Residential Use seeUse, Low Density Residential Low-Rise Building see Building, Low-Rise Low-Rise Residential Zone seeZone, Low-Rise Residential City of Kitchener Zoning By-law 2019-051 2 - 74 SECTION 3 Page 14of 25 M Major Equipment Supply and Service means the useof a premises for the service,repair, and sale of farm, construction,and large business machines; and commercial vehicles. Major Recreational Equipment means either a portable structure designed and built to be carried or pulled by a motor vehicle, or a unit designed and built to be transported on its own wheels, for purposes of providing temporary living accommodation or recreational enjoyment for travel and caninclude motor homes, travel trailers, tent trailers, boats, boat trailers, personal watercraft, or other similar equipment. Major Recreational Equipment means either a portable structure designed and built to be carried or pulled by a motor vehicle, or a unit designed and built to be transported on its own wheels, for purposes of providing temporary living accommodation or recreational enjoyment for travel and can include motor homes, travel trailers, tent trailers, boats, boat trailers, personal watercraft, all-terrain vehicle or other similar equipment. Manufacturing means the useof apremises for the production, compounding, processing, packaging, crating, bottling, packing, finishing, treating, ornamenting, altering, fabricating,or assembly of raw, semi-processed, or fully-processed goods or materials. Manufacturing can also include the useof a premises for research, investigation, testing,or experimentation including laboratories;pilot plants;and prototype production facilities.Manufacturing shall not include commercial water taking. Mid-Rise Building see Building, Mid-Rise Mixed Use Building means a building with at least one dwelling unit and a non-residential use. Mixed Use Development means a lot with two or more buildings where at least one building contains a dwelling unit and at least one building contains a non-residential use. Model Home means anuninhabited single detached dwelling,semi-detached dwelling, orstreet townhouse dwelling unit for the purpose of display and sale of the dwelling units. Motor Vehicle seeVehicle, Motor Multiple Dwelling seeDwelling, Multiple Multi-Unit Building means a building containing two or more non-residential uses within two or more separated spaces for lease or occupancy. A multi-unit building shall be managed and operated as one unit with shared on-site parking. A multi-unit building shall not include a mixed use building. Multi-Unit Development means two or more buildings containing one or more non-residential use(s)which are planned, developed, managed and operated as one unit with shared on-site parking. A multi-unit development shall not include a mixed use development. City of Kitchener Zoning By-law 2019-051 2 - 75 SECTION 3 Page 15of 25 Multi-Unit Parking Rate means an aggregated parking space and bicycle parking stall requirement for uses within a multi-unit building and/or multi-unit development,or for non- residential uses within a mixed-use building and/or mixed-use development. N Natural Heritage Conservation means the useof land, water, and/or structures for the protection,management, and conservation of the natural heritage system. Natural heritage conservation may include the preservation, maintenance, sustainable utilization, restoration, and/or enhancement of the natural environment, and may include forest, fish, and wildlife management. New means a thing which is not existing. Nightclub means the useofabuilding with a dance floor and pre-recorded or live music for entertainment,andcaninclude arestaurant. Noxious Use seeUse, Noxious O Office means the use ofabuilding in which clerical, administrative, consulting, advisory, or training services are performed, but shall not include a health clinic,commercial school,or industrial administrative office. On-Farm Diversified means the useof a premises that includes home occupation, agri-tourism uses,uses that produce value-added agricultural products, and retail of goods produced or manufactured primarily on the premises.On-farm diversified caninclude the processing or packaging of agricultural products, food store,pet boarding,pet services establishment, restaurant,andveterinary services. Outdoor Active Recreation seeRecreation, Outdoor Active Outdoor Passive Recreation seeRecreation, Outdoor Passive Outdoor Recycling Operation see Recycling Operation, Outdoor Outdoor Storage means the placement of goods, equipment, or materials on a lot not within a building. P Parallel Parking Space seeParking Space, Parallel Parcels of Tied Land means any parcel of land legally bound and tied to a common element condominium. Parking Lot means an area located on a lot which contains four or more parking spaces. City of Kitchener Zoning By-law 2019-051 2 - 76 SECTION 3 Page 16of 25 Parking Space means an area on which a motor vehicle may be parked in accordance with this By-law and which has access directly or by way of a drive aisle or driveway, toa street or lane. Parking Space, Angled means the orientation of a parking space in such a manner that the side of amotor vehicle,when parked,is at an angle other than parallel to the drive aisle, driveway, lane,orstreet which gives direct access to such parking space. Parking Space, Barrier-Free Accessible means a parking space provided for the useof persons with disabilities pursuant to the Accessibility for Ontarians with Disabilities Act. Parking Space, Electric Vehicle means a parking space with electric vehicle supply equipment. Parking Space, Parallel means the orientation of a parking space in such a manner that the side of amotor vehicle,when parked,is parallel to the driveaisle,driveway,lane,orstreet which gives direct access to such parking space. Parking Space, Tandem means the arrangement of two parking spaces such that it is necessary to traverse one parking space to gain access to the other from a lane,drive aisle, driveway,or street. Parking Space, Tandem means a parking space where the arrangement of two or more parking spaces is such that it is necessary to traverse one or more parking spaces to gain access to the tandem parking space from a lane,drive aisle,driveway, or street. Parking Space, Visitor means a parking space for the exclusive useof visitors to a premises. Pawn Establishment means the use of abuilding where a loan may be obtained on personal property held on-site as collateral, which may be reclaimed upon receipt of payment for the loan or sold to the general public and which is regulated under the Pawn Brokers Act. Payday Loan Establishment means the useof abuilding in which personal loans are provided to consumers andwhich is regulated under the Payday Loans Act, and shall not include a financial establishment. Pet Boarding means the use of apremises for the overnight accommodation of domestic animals. Pet boarding can include pet services establishment but shall not include veterinary services or animal shelter. Pet Services Establishment means the useof a building for the grooming, training, care and supervision of domestic animals during the day. Pet services establishment shall not include pet boarding,veterinary services,or animal shelter. Person means any human being, association, firm partnership, incorporated company, corporation, agent,or trustee;and heirs, executors or other legal representatives of a person to whom the context can apply according to law. City of Kitchener Zoning By-law 2019-051 2 - 77 SECTION 3 Page 17of 25 Personal Services means the useof a building in which services involving the health, beauty, or grooming of a person;or the maintenance or cleaning of apparel,but shall not include a pharmacy. Place of Worship means the use ofapremises by any religious organization for faith based spiritual purposes, and faith based teaching. Place of worship can include dwelling unit(s)as an accessory use. Pool means a structure that is designed and capable of holding a minimum depth of 0.91 metres or more of water, permanently or temporarily located outdoors either above or below the ground, or partly thereabove or therebelow, that is, or is designed to be, used or maintained for the purpose of swimming, wading, diving or bathing. Post-Secondary School seeSchool, Post-Secondary Premises means the whole or part of lots,buildings, orstructures, or any combination of these. Principal means, when used to describe a use, the primary usecarried out on the lot or within abuilding orstructure, and, when used to describe a building orstructure, means the building or structure in which the primary useisconducted, or intended to be conducted. Printing or Publishing Establishment means the use ofapremises in which books, newspapers, periodicals, flyers,or other printed materials are produced. Print Shop means the useofabuilding for photocopying, blueprinting, or binding. Private Garage seeGarage, Private Private Garage Width seeGarage Width, Private Private Home Day Care seeDay Care, Private Home Propane Facility means the useof a premises for the handling of propane and shall include a filling plant, cardlock/keylock, private outlet, vehicle conversion centre, or propane retail outlet. Propane Retail Outlet means the use of a premises where propane is sold in refillable cylinders, and/or is put into the fuel tanks of motor vehicles,or into portable containers with a capacity exceeding 0.5 kg but not greater than 20 kg. Province means the Province of Ontario or one or more of its ministries or other agencies that exercise delegated authority on behalf of one or more ministries. Public Use seeUse, Public Public Works Yard means the use ofapremises operated by or on behalf of the Federal or Provincial governments, the Region, the Grand River Conservation Authority, or the City, for the storage and maintenance of materials and equipment related to public infrastructure. Q City of Kitchener Zoning By-law 2019-051 2 - 78 SECTION 3 Page 18of 25 R Rear Lot Line see Lot Line, Rear Rear Yard seeYard, Rear Recreation, Outdoor Active means the useof land, water, buildings and/or structures for outdoor leisure and athletic activities and caninclude sport fields, tracks, parks and playgrounds, climbing facilities, outdoor racquet facilities and outdoor swimming facilities but shall not include golf courses, stadiums, amusement parks,or campgrounds. Recreation, Outdoor Passive means the useof land and/or water for non-intensive leisure activities such as trails, boardwalks,and footbridges, but shall not include campgrounds,active outdoor recreation,or golf courses. Recycling Operation,Indoor means the useof a building for the processing of non-hazardous, non-toxic, or un-contaminated waste into re-usable materials. Recycling Operation,Outdoor means the use of apremises for the processing of non- hazardous, non-toxic, or un-contaminated waste into re-usable materials. Region means the Corporation of the Regional Municipality of Waterloo. Repair Operation, Light means the useof a building for the servicing or repairing of household articles and appliances,but shall not include heavy repair operation,major equipment supply and service,orautomotive detailing and repair operation. Repair Operation, Heavy means the use of a premises for the servicing or repairing of mechanical equipment including furnace or oil burners;water and air coolers;domestic water heaters; fixtures and equipment and any other like articles;heavy and light construction equipment; industrial and agricultural equipment; and lawn care equipment.Heavy repair operation shall not include a light repair operation,major equipment supply and service,or automotive detailing and repair operation. Repair Operation, Automotive Detailing and means the useof a premises for the servicing, repair, or detailing of motor vehicles,but shall not include the retail ofmotor vehicles. Research and Development Establishment means the useof apremises for research, investigation, testing,or experimentation including laboratories;pilot plants;prototype production facilities;software development and/or engineering services;and scientific, technological, or communications establishments. Residential Use seeUse, Residential City of Kitchener Zoning By-law 2019-051 2 - 79 SECTION 3 Page 19of 25 Residential Care Facility, Large means the use of a building that is occupied by 9 or more persons, exclusive of staff, who are provided personal support services on a temporary or permanent basis in a supervised group setting and can include one or more amenity areas such as common dining, lounge, kitchen, and recreational area. A large residential care facility can include a correctional group home,group home, and retirement home. Residential Care Facility, Small means the useof a building that is occupied by 3 to 8 persons, exclusive of staff, who are provided personal support services on a temporary or permanent basis in a supervised group setting and can include one or more amenity areas such as common dining, lounge, kitchen, and recreational area. A small residential care facility can include a correctional group home,group home, and retirement home. Residential Zone seeZone, Residential Restoration, Janitorial,or Security Services means the useof a premises where maintenance, restoration, cleaning, security,or similar servicesare housed and/or where such servicesare primarily conducted and/or provided off-site. Restaurant means the useofapremises where food and/or drink is prepared and sold for immediate consumption on or off-site. Retail means the useof a premises where goods and/or materials are displayed, rented, or sold. Retail caninclude a pharmacy, food store,home improvement store,and convenience retail, but does not include large merchandise retail;building material and decorating supply establishment;garden centre, nursery, and/or landscaping supply;orretail of motor vehicles and major recreation equipment. Retail, Convenience means the useofapremises where a variety of grocery,household items andother convenience goods are sold asional needs. Retail, Large Merchandise means the useof apremises where primarily large or bulky goods are displayed, rented, or sold.Large merchandise retail can include building material and decorating supply establishment;garden centre, nursery,and/or landscaping supply;home improvement store; and major equipment supply and service,but does not include convenience retail, retail, orretail of motor vehicles and major recreation equipment. Retail of Motor Vehicles and Major RecreationalEquipment means the use of apremises where motor vehicles and major recreation equipment,and parts and accessories thereto, are displayed, stored, sold, rented, and/or leased and caninclude an associated automotive detailing andrepair operation,and associated repair of major recreational equipment. Retail Outlet, Freestanding means a building containing one retail store. S City of Kitchener Zoning By-law 2019-051 2 - 80 SECTION 3 Page 20of 25 Salvage or Scrap Yard means the useofapremises for the handling, storage, baling, packing, disassembly, buying,or sale of scrap material such as discarded motor vehicles, machinery, or building materials. School, Adult Education means the useof a premises for a publicly funded institution for academic instruction which offers courses such as language, literacy and basic skills programming, credit courses for adults, continuing education programs, general interest courses, or Canadian citizenship preparation programs, but does not does include post-secondary school or commercial school. School, Commercial means the use ofapremises where teaching or instruction is offered for academics, arts, crafts, motor vehicle driving, language, modelling, hairdressing, gymnastics, beauty, culture, dancing, music, golf, yoga, martial arts, photography, business or trade, or other similar subjects,but shall not include an adult education school, elementary school,secondary school orpost-secondary school. School, Elementary means the useof apremises for a provincially approved institution for academic instruction typically offered from kindergarten to grade eight including a public, private, or separate school,but does not include a commercial school. School, Post-Secondary means the useof apremises for educational purposes by a degree, diploma, or certificate granting college or university under Provincial legislation,but does not include a Commercial School. School, Secondary means the useofpremises for aprovincially approved institution for academic instruction typically offered from grade nine to grade twelve including a public, private, or separate school,but does not include a commercial school. Second Dwelling Unit (Attached) seeDwelling Unit (Attached), Second Second Dwelling Unit (Detached) seeDwelling Unit (Detached), Second Semi-Detached Dwelling seeDwelling, Semi-Detached Setback means the minimum regulated distance measured at right angles between a lot line and the nearest part of any above grade building orstructure. Shipping Container means a vessel commonly or specifically designed for transportation of freight goods or commodities and shall include cargo containers and truck trailers. Shower and Change Facility means a portion of a building containing shower rooms and change rooms or locker rooms, or other similar facilities. Side Lot Line seeLot Line, Side Side Yard seeYard, Side Single Detached Dwelling seeDwelling, Single Detached City of Kitchener Zoning By-law 2019-051 2 - 81 SECTION 3 Page 21of 25 Snow Disposal Site means only those lands on which snow is placed after being brought to the lot from another lot,street,or lane, and shall not include areas to which snow is moved to one portion of a lot after being cleared from the rest of the lot. Social Service Establishment means the useof a premises by a non-profit organization or a registered charity to provide goods or services on-site for the betterment of the community. A social service establishment shall not include facilities for overnight accommodation. Stacking Lane means a continuous on-site queuing lane that includes stacking spaces for motor vehicles which is separated from other vehicular traffic and pedestrian circulation by barriers, markings, or signs. Stacking Space means a rectangular space that may be provided in succession and is designed to be used for the temporary queuing of a motor vehicle in a stacking lane. Stepback means the horizontal distance the portion of the building above the base is recessed from the façade of the base. Stepback, Street line means the horizontal distance the portion of the building above the base is recessed from the street line façade of the base. Stormwater Management Facility means the use of a premises where structures control and manage the quantity and quality of stormwater runoff. Storey means the portion of a building orstructure that is situated between the top of any floor and the top of the floor next above it;orif there is no floor above it, that portion between the top of the floor and the ceiling above it. A habitable or finished attic, or an uninhabitable or unfinished attic with an interior height greater than 1.8 metres, is a storey. Street means a public highway greater than 12.19 metres in width, as defined under the Highway Traffic Act or the Municipal Act,which provides access to an abutting lot;and which is dedicated, assumed, and/or maintained by and under the jurisdiction of the City,Region or Province. For the purposes of this By-law, a street does not include a lane or any private street. Street Line means the lot line abutting a street. Street Line Façade see Façade, Street Line Street Line Stepback seeStepback, Street Line Street Townhouse Dwelling seeDwelling, Street Townhouse Structure means anything constructed or erected, the useof which requires location on or in the ground,or attached to something having location on or in the ground,but excluding an underground servicing facility. City of Kitchener Zoning By-law 2019-051 2 - 82 SECTION 3Page 22of 25 T Tall Building seeBuilding, Tall Tandem Parking Space seeParking Space, Tandem Temporary Sales Centre means a building orstructure that is used for the temporary sale of dwelling units in a proposed development. Through Corner Lot see Lot, Through Corner Through Lot seeLot, Through Towing Compound means the useof a lot for the temporary storage of motor vehicles and can include the temporary storage of discarded motor vehicles. Tradesperson or Contractor's Establishment means the useofapremises where manual or mechanical skills are housed to design, build, install, maintain, or repair goods, equipment, or real property and where such services are conducted on or off-site. Transportation Depot means the useofapremises for the dispatching of commercial vehicles andmotor vehicles transporting goods or passengers,and the parking and servicing of such commercial vehicles and motor vehicles when not in service. Transportation Facility means the use ofapremises for the maintenance and storage of commercial vehicles for public transportation,and related equipment,and caninclude a transportation depot. Truck Transport Terminal means the useofapremises for the storage of commercial vehicles for the purpose of dispatching as common carriers,or where goods and materials are temporarily stored in bulk quantities at a transfer point for further shipment,and shall include the rental or leasing of trucks, and a courier distribution facility. U Use means: a)as a noun, the purpose for which any premises is arranged, designed, or intended to be used, occupied,or maintained. b)as a verb, anything done or permitted by the owner or occupant, of any land, building,or structure directly or indirectly or by or through any trustee, tenant, servant,or agent of such owner or occupant, for the purpose of making useof the said land, building,or structure. Use, Institutional for the purposes of Section 18.2, means uses where there is a threat to the safe evacuation of vulnerable populations such as older persons,persons with disabilities, and those who are sick or young, during an emergency as a result of flooding, failure of floodproofing measures or protection works, or erosion. City of Kitchener Zoning By-law 2019-051 2 - 83 SECTION 3 Page 23of 25 Use, Low Density Residential means alot zoned to permit any of the following: single detached dwelling,semi-detached dwelling,street townhouse dwelling, second dwelling unit (attached),second dwelling unit (detached),cluster townhouse dwelling,multiple dwelling that is alow-rise building,small residential care facility,large residential care facility,and/or lodging house. Use, Noxious means the useof apremises which from its nature,or from the manner of carrying on same, causes or is liable to cause a condition which may become hazardous or injurious with regard to the health or safety of any person, including but not limited to the escape of any destructive gas or fumes, dust, objectionable odour ornoise, or a contaminant (as defined by the Environmental Protection Act). A noxious useshall include,but not be limited to beverage distillation; phosphate and/or sulphur products; primary production of chemicals, synthetic rubber, plastic, asphalt, cement,and/or concrete; processing or refining of petroleum and/or coal; slaughtering, eviscerating, rendering,and/or cleaning of meat, poultry fish,and/or by-products thereof; smelting, refining, rolling, forging,and/or extruding of ore,and/or metal; stamping, blanking (excluding fineblanking),and/or punch-pressing of metal; tanning and/or chemical processing of pelts and/or leather; vulcanizing of rubber and/or rubber products; soil remediation facility; warehousing of hazardous, toxic and/or contaminated materials; andatruck transport terminal containing hazardous, toxic,and/or contaminated materials. Use, Public means the useof any land, building,orstructure byor on behalf of the Federal or Provincial governments, the Region, the Grand River Conservation Authority, or the City. Use, Residential means a premises with at least one dwelling unit. Utilities means an essential commodity or service such as water, sewer, electricity, gas, oil, television, or communications/telecommunications that is provided to the public by a regulated company or government agency. Utility-trailer -means a small non-motorized vehicle which is generally pulled by a motorized vehicle and features a rear cargo area (bed) and is used for the hauling of light loads. Utility Corridor means linear strips of land that secure access between two points for the purpose of transmitting and distributing utilities and includes a hydro corridor. V Vehicle, Commercial means any motor vehicle having permanently or temporarily attached thereto a truck box,or any other form of delivery body, and shall include tow trucks; tilt/n/load trucks; buses exceeding 7 metres in length and/or 4,000 kilograms in gross vehicle weight; tractor trailers orsemi-trailers and any component thereof;or other like or similar vehicle, but shall not include major recreational equipment,orindustrial equipment. Vehicle, Discarded Motor means a motor vehicle which is unlicensed,is in disrepair, and/or has missing parts including tires, damaged or missing glass, or deteriorated or removed metal adjunctions,which make its normal useimpossible. City of Kitchener Zoning By-law 2019-051 2 - 84 SECTION 3 Page 24of 25 Vehicle, Electric means a motor vehicle that is powered partially or exclusively on electrical energy from the grid, or an off-board source, that is stored on-board via a battery for motive purposes. An electric vehicle shall include a battery electric vehicle or plug-in hybrid electric vehicle. Vehicle, Motor means any equipment selfpropelled by an engine or motor mounted on the vehicle, but shall not include major recreational equipment. Veterinary Services means the useofapremises forconsultation, diagnosis, and treatment of animals,and related boarding andgrooming. W Warehouse means the useofabuilding for the storage and/or distribution of goods and can include self-storage warehouses, and facilities for wholesaling of goods otherwise stored or manufactured within the building, but shall not include a truck transport terminal. Waste Management Facility means the useofapremises for the collection, sorting,and processing of waste material for long term disposal on-site or for transfer to another site and shall include a landfill, recycling facility, incinerator, composting facility, waste transfer station,or other similar uses,but shall not include a salvage or scrap yard. Water and Wastewater Treatment Facility means the use of apremises for the collection, treatment, storage,and distribution of water or wastewater. X Y Yard means any open area of a lot abutting a building. Yard, Front means a yardthat extends across the full width of a lot between the front lot line and the nearest point of the principal building. Yard, Rear means a yard that extends across the full width of a lot (or in the case of a corner lot, extending from the exterior side yard to the interior side lot line)between the rear lot line and the nearest point of the principal building. Yard, Interior Side means a yard that extends from the front yard to the rear yard between the interior side lot line and the nearest point of the principal building. Yard, Exterior Side means a yardabutting a street that extends from the front yard to the rear yardlot line from the exterior side lot line to the nearest point of the principal building. Yard, Side means an exterior side yard and an interior side yard. Z City of Kitchener Zoning By-law 2019-051 2 - 85 SECTION 3 Page 25of 25 Zonemeans a designated area of land shown on the Zoning Grid Schedules contained in Appendix A of this By-law. Zone, Low-Rise Residential means a RES-1 through RES-5zone,or any R-1 through R-6 residential zone in Zoning By-law 85-1. Zone, Residential means a RES zone herein,or any residential zone in Zoning By-law 85-1. City of Kitchener Zoning By-law 2019-051 2 - 86 SECTION 4Page 1of 18 SECTION 4 General Regulations 4.1 ACCESSORY BUILDINGS AND STRUCTURES a) Unless otherwise provided for in this By-law, no accessory building or structure shall be used for human habitation. b) Accessory buildings or structures to dwelling units having a maximum gross floor areaof 10 square metres or less and a maximum height of 3 metres are permitted within a required rear yard or a required interior side yard. c) Accessory buildings and structures to dwelling units with a building height greater than 3 metres shall be located a minimum of 0.6 metres from an interior side lot line andrear lot line. d) For accessory buildings to single detached dwellings,semi-detached dwellings, andstreet townhouse dwellings,with or without a second dwelling unit (attached), orsecond dwelling unit (detached),and to multiple dwellings,the maximum height of the shortest exterior wall shall be 3 metres, the maximum building height shall be 5.5 metres, and the maximum lot coverageshall be 15 percent. e) Accessory buildings orstructures to dwelling units shall not be located in afront yardor exterior side yard. 4.2 ACCESSORY USES Where this By-law provides that land may be used or a building orstructure may be erected and used for a permitted use, that useshall include any accessory use provided that the accessory use is located within the same premises. 4.3 BONUSING Reserved. 4.4 CONDOMINUMS 4.4.1 Standard Condominiums a) Internal lot lines created by: i) Aregistration of a plan of condominium; or ii) Aplan or plans of condominium registered on all or a portion of a lot which is part of a comprehensively planned development subject to a development agreement pursuant to Section 41 of the Planning Act; City of Kitchener Zoning By-law 2019-051 2 - 87 SECTION 4Page 2of 18 shall not be construed to be lot lines for the purposes of zoning regulations provided that all applicable regulations of this By-law relative to the whole lot and its external lot lines, existing prior to any condominium plan registration are strictly observed. b) Where a unit boundary extends beyond a building to a private amenity area not abutting a common element, each private amenity area shall have an unobstructed access at grade or ground floor level, having a minimum width of 0.9 metres from a common element, either by: i) Direct access within the unit boundary without passing through any portion of the dwelling unit; ii) Direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, recreation room,or any hallway that is not separated by a door to any such room; or, iii) Access over adjacent lands that, if the lands are not owned by the City or the Region, are secured through the declaration or common element of the condominium. 4.4.2 Vacant Land Condominiums Despite Section 4.64.13, more than one single detached dwelling,semi-detached dwelling, or street townhouse dwelling shall be permitted on a lotprovided that each has direct access to a street or an internal private drive aisle or road that is a common element in a registered Condominium connecting to a street and is located on a unit in a Vacant Land Condominium. For purposes of this regulation, the front lot line for each unit in a Vacant Land Condominium shall be deemed to be that lot line abutting the internal private drive aisle or road portion of the common element,or the lot line abutting a street wherever the driveway access is, and the single detached dwelling,semi-detached dwelling, or street townhouse dwelling shall comply with all applicable zoning regulations. 4.4.3 Common Element Condominiums Despite Section 0,single detached dwelling, semi-detached dwelling, or street townhouse dwellings shall be permitted on lots without frontage on a street provided that they are located on parcels of tied landsto a Common Element Condominium consisting of at least a private driveway connecting to a street. Where lands have been comprehensively planned and are subject to an approved site plan and a development agreement pursuant to Section 41 of the Planning Act, any zoning deficiencies resulting from the creation of the parcels of tied lands, shall be deemed to comply with the regulations of the By-law, provided that: a) All applicable regulations of the By-law relative to the whole lot and its external lot lines existing prior to any condominium plan registration are complied with; and, City of Kitchener Zoning By-law 2019-051 2 - 88 SECTION 4Page 3of 18 b) Eachdwelling unit shall have an unobstructed access at gradeor ground level, having a minimum width of 0.9 metres, from the front yard to the rear yard of the lot either by: i) Direct access on the lot without passing through any portion of the dwelling unit; ii) Direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, recreation room,or any hallway that is not separated by a door to any such room; or, iii) Access over adjacent lands that, if the lands are not owned by the City or the Region, are secured by an easement or are a common element of the condominium. Any additions or alterations to the dwelling unit,accessory buildings,yard projections, and driveways added subsequent to the registration of the condominium, which are not shown on the approved site plan,must comply with the applicable zoning regulations for the single detached dwellings, semi-detached dwellings, or street townhouse dwellings contained within the parcels of tied land. For the purposes of this regulation, the front lot line shall be deemed to be the shortest lot line abutting astreet, internal driveway,or internal walkway which provides primary access to the dwelling unit. 4.5 CORNER VISIBILITY TRIANGLES, CORNER VISIBILITY AREAS AND DRIVEWAY VISIBILITY TRIANGLES a) No buildings,structures, motor vehicles,food cart, signs, landscaping,or other impediments shall obstruct visibility within acorner visibility triangle,corner visibility area ordriveway visibility triangle. An obstruction to visibility shall not include objects 0.9 metres or less in height from the ground, or objects higher than 5 metres in height from the ground. This provision does not apply to the location of fences constructed in accordance with and regulated by Chapter 630 (Fences) of The City of Kitchener Municipal Code. b) Acorner visibility area shall be required in MIX zones. One leg of both triangles shall measure 6 metres and the other leg of both triangle shall measure 3 metres. Subsection a) shall not apply to existing buildings ornewconstruction which replaces an existing building with the same building footprint within the corner visibility area. c) Acorner visibility area shall be required in UGC zones. One leg of both triangles shall measure 5 metres and the other leg of both triangle shall measure 3 metres. Subsection a) shall not apply to existing buildings ornewconstruction which replaces an existing building with the same building footprint within the corner visibility area. City of Kitchener Zoning By-law 2019-051 2 - 89 SECTION 4Page 4of 18 d) Acorner visibility triangle shall be required in all zones except UGC zones and MIX zones and shall be measured at 7 metres from the point of intersection of the street lines. e) Adriveway visibility triangleshall be required in all zones except UGC zones and MIX zones and shall be measured from the point of intersection of a street line and the edge of a driveway a distance of 3 metres from the street line and 4.5 metres from the edge of the driveway. City of Kitchener Zoning By-law 2019-051 2 - 90 SECTION 4 Page 5of 18 Illustration 1:Corner Visibility Triangle, Corner Visibility Area and Driveway Visibility Triangle Dimensions City of Kitchener Zoning By-law 2019-051 2 - 91 SECTION 4Page 6of 18 4.6 FRONTAGE ON A STREET Unless otherwise provided for in this By-law, no person shall erect any building or structure;or use any building,structure, or lot unless: a) Thelot has frontage on a street;or, b) Thelot is separated from a street by land owned by a public agency for future road widening purposes,or as a 0.3 metre reserve if registered rights-of-way giving access to a street have been granted and such access scheme is part of a development agreement pursuant to the Planning Act, as may be outstanding as at the date of passage hereof, or as may be hereafter agreed to. 4.7 HOME OCCUPATION 4.7.1 Regulations for Home Occupations a) Ahome occupation shall only be permitted on a lot containing a single detached dwelling (with or without ansecond dwelling unit (attached)additional dwelling unit (attached) orsecond dwelling unit (detached))additional dwelling unit (detached), semi-detached dwelling (with or without an additional dwelling unit (attached) a second dwelling unit (attached) oradditional dwelling unit (detached)second dwelling unit (detached)),street townhouse dwelling (without anadditional dwelling unit (attached) second dwelling unit (attached) oradditional dwelling unit (detachedsecond dwelling unit (detached)),cluster townhouse dwelling, or multiple dwelling. b) Ahome occupation shall only locate in a dwelling. c) Ahome occupation shall only be operated by the persons resident in the dwelling unit. d) Outdoor storage shall not be permitted as part of a home occupation. e) Ahome occupation shall not include a noxious use. 4.7.2 Permitted Home Occupation Uses No person shall conduct a home occupation for any useother than those permitted uses within Table 4-2. City of Kitchener Zoning By-law 2019-051 2 - 92 SECTION 4 Page 7of 18 Table 4-2: Permitted Home Occupation Uses Home Occupation Use First Home Second Home Occupation Use Occupation Use Permitted home occupation use on a lot containing a single detached dwelling or asemi-detached dwelling unit (without anadditional dwelling unit (attached) second dwelling unit (attached) oradditional dwelling unit (detached) second dwelling unit (detached))(1)(2)(3)(4) Bed and Breakfast (5)(6) Canine and Feline Grooming Establishment (5)(7) Catering Service Establishment Commercial School Health Office Indirect Sales Light Repair Operation Office Personal Services (8) Private Home Day Care Permitted home occupation use inadwelling unit within a single detached dwelling with ansecond dwelling unit (attached)additional dwelling unit (attached) orsecond dwelling unit (detached)additional dwelling unit (detached), semi-detached dwelling unit with asecond dwelling unit (attached)additional dwelling unit (attached) orsecond dwelling unit (detached)additional dwelling unit (detached),street townhouse dwelling, cluster townhouse dwelling, or multiple dwelling (9)(10) Commercial School Office Indirect Sales Additional Regulations for Permitted Home Occupation Uses Table 4-2. (1) A maximum of two home occupations shall be permitted on a lot. The total maximum gross floor area for all home occupations on a lot is 25 percent of the gross floor area of the dwelling unit. In no case shall the gross floor area for all home occupations exceed 50 square metres of gross floor area. (2) Ahome occupation shall be conducted so as to not attract more than three customers or clients at any one time. (3) Despite Section 4.7.1 b), an artisans establishment, office,orindirect sales home occupation,that does not attract customers or clients to the lot, may locate in an accessory building. City of Kitchener Zoning By-law 2019-051 2 - 93 SECTION 4Page 8of 18 (4) Despite Section 4.7.1 c), in addition to the resident, a home occupation may employ one non-resident employee. (5) Only within a single detached dwelling. (6) A maximum of two bedrooms is permitted within a bed and breakfast. (7) A maximum of two dogs and two cats associated with the canine and feline grooming establishment are permitted at any one time, for a maximum of three hours on any given day during regular operating hours. (8) Shall not include the cleaning of apparel. (9) Ahome occupation shall be conducted so as to not attract more than one customer or client at any one time. (10) A maximum of one home occupation shall be permitted within each dwelling unit to a maximum of 15 square metres of gross floor area. 4.8 NON-COMPLIANCE AS A RESULT OF LAND ACQUISITION Wherethe acquisition of land by registration on title on or after the effective date of this By-law to widen a street,provide a corner visibility triangle, or other such requirements, results in non-compliance with any regulation herein, nothing in the By-law shall apply to prevent the continued use of any lot,building,orstructure provided that such lot,building, orstructure was lawfully established and used for such purpose on the date of acquisition of land. 4.9 GROUP HOMES Only one group home shall be permitted on a lot. 4.10 CORRECTIONAL GROUP HOMES a) Only one correctional group home shall be permitted on a lot. b) No building or part thereof shall be used for a correctional group home on a lot situated within 400 metres of another lot on which either a group home or correctional group home is located. This distance shall be measured from the closest point of the lot lines associated with each lot. c) No building or part thereof shall be used for acorrectional group home on a lot that is situated within 100 metres of the city limit. This distance shall be measured from the closest point of the lot line associated with such lot and the city limit. 4.11 LOCATION OF LODGING HOUSES City of Kitchener Zoning By-law 2019-051 2 - 94 SECTION 4Page 9of 18 a) Only one lodging houseshall be permitted on a lot. No building shall be used for a lodging house on a lot that is situated within 400 metres of another lot on which a lodging house is located, such minimum distance to be measured from the closest point of the lot lines associated with each lot; and, B) No building shall be used for a lodging house on a lot that is situated within 100 metres of the municipal limit of the city, such minimum distance to be measured from the closest point of the lot line associated with such lot and the municipal limit. 4.12 NUMBER OF DWELLINGS PER LOT a) Unless otherwise provided for in this By-law, in any zone where a single detached dwelling orsemi-detached dwelling is permitted, no more than one such dwelling shall be erected on a lot. b) On a lot or block against which a Part Lot Control Exemption By-law is registered, those parts on a reference plan which are intended to constitute a future lot, the future lot shall be considered a lotfor the purposes of this By-law. 4.12.1 Second Dwelling Units (Attached) The regulations specified by any zone category in which a second dwelling unit (attached) is permitted, shall apply in addition to and as amended by the following: Shall only be permitted on lots with no second dwelling unit (detached), and shall be located in the same building as a single detached dwelling,semi-detached dwelling, orstreet townhouse dwelling; and, A direct entrance to the second dwelling unit (attached) from the outside shall be provided from a rearyard or side yard only. Reserved.One Additional Dwelling Unit (Attached) One additional dwelling unit (attached) may be permitted in association with a single detached dwelling, semi-detached dwelling unit orstreet townhouse dwelling unit in accordance with the regulations specified by the zone category in which an additional dwelling unit (attached) is permitted, and the dwelling type in which the additional dwelling unit (attached) is located and in addition to and as amended by the following: a) One additional dwelling unit (attached) shall only be located in the same building as a single detached dwelling,semi-detached dwelling, or street townhouse dwelling; b) An additional dwelling unit (attached) shall be connected to full municipal services; City of Kitchener Zoning By-law 2019-051 2 - 95 SECTION 4Page 10of 18 4.12.2 Two additional Dwelling Units (Attached) Second Dwelling Units (Detached) Two additional dwelling units (attached) may be permitted in association with asingle detached dwelling in accordance with the regulations specified by the zone category and applying to single detached dwellings in which the two additional dwelling units (attached) are located and in addition to and as amended by the following: a) two additional dwelling units (attached) shall be connected to full municipal services; b) amaximum of one pedestrian entrance to the principal building shall be located on each street line façade; c) no more than two additional dwelling units (attached) are permitted on a lot; d) the minimum lot area shall be 395 square metres or in accordance with Table 7-2, whichever is greater; e) the minimum lot width shall be 13.1 metres or in accordance with Table 7-2, whichever is greater; f) the minimum landscaped area shall be 20%; g) two additional dwelling units (attached) shall only be permitted in existing buildings; additions to an existing single detached dwelling must be attached to the rear of principal building and shall not extend into any side yard farther than the extent of the existing principal building and provided such addition does not exceed 25 percent of the existing building's gross floor area. 4.12.3 Additional Dwelling Units (Detached) One additional dwelling unit (detached) may be permitted in association with asingle detached dwelling, semi-detached dwelling unit orstreet townhouse dwelling unit in accordance with the regulations specified by the zone category in which an additional dwelling unit (attached) is permitted, and as amended by the following: a) for the purposes of Section 4.12.3, the area that is designed to be a separate lot for a street townhouse dwelling orsemi-detached dwelling shall be considered to be a lot; b) anadditional dwelling unit (detached) shall only be permitted on the same lot as a single detached dwelling, semi-detached dwelling orstreet townhouse dwelling, with or without one additional dwelling unit (attached); c) anadditional dwelling unit (detached) shall not be permitted on the same lot as a single detached dwelling with two additional dwelling units (attached); City of Kitchener Zoning By-law 2019-051 2 - 96 SECTION 4Page 11of 18 d) anadditional dwelling unit (detached) shall not be severed from the lot containing the single detached dwelling, semi-detached dwelling orstreet townhouse dwelling; e) the additional dwelling unit (detached) shall be connected to full municipal services; f) no more than one additional dwelling unit (detached) is permitted on a lot; g) the building floor area of the additional dwelling unit (detached) shall not exceed fifty percent of the building floor area of the single detached dwelling, semi- detached dwelling unit or street townhouse dwelling unit on the same lot, or 80 square metres, whichever is less; h) the minimum lot area shall be 395.0 square metres or in accordance with applicable regulations included in Table 7-2, 7-3 or 7-4, whichever is greater; i) the minimum lot width shall be 13.1 metres or in accordance with applicable regulations included in Table 7-2, 7-3 or 7-4, whichever is greater; j) a building containing an additional dwelling unit (detached) shall be located a minimum of 0.6 metres from a rear lot line andinterior side lot line; k) anadditional dwelling unit (detached) shall not be located in the front yard or exterior side yard; l) for anadditional dwelling unit (detached), the maximum building height shall be: a. 4.5 metres for a hip, gable, shed, or gambrel roof, measured to the mid point between the eaves and the peak of the roof, excluding the eaves of any projections; b. 4.5 metres for a mansard roof, measured to the deck line; c. 3 metres for a flat roof, measured to the peak of the roof; City of Kitchener Zoning By-law 2019-051 2 - 97 SECTION 4Page 12of 18 m) for a shed roof where the peak of the roof is more than 4.5 metres from the highest elevation of the finished ground, the highest exterior wall shall not face a rear lot line orside lot line closerthan 4.5 metres, except where the lot line is a street line orlane; n) an unobstructed walkway that is a minimum 1.1 metres in width shall be provided from a street orlane to the additional dwelling unit (detached). The walkway shall not be located within a required parking space;and, o) Despite Section 5.3.3 a) ii), where three parking spaces are required in accordance with table 5-3, two parking spaces may be tandem parking spaces. 1.1 4.12.3.1 MINIMUM SIDE YARD SETBACK OF PRINCIPAL BUILDING: On a lot containing an additional dwelling unit (detached): a) the principal building shall comply with the following: a. where the principal building is a single detached dwelling,with or without an additional dwelling unit (attached), the minimum side yard setback on each side of the principal building shall be 1.2 metres; b. where the principal building is a semi-detached dwelling unit orstreet townhouse unit with or without an additional dwelling unit (attached), the minimum side yard setback of the principal building shall be 2.5 metres on one side; a)b) Theprincipal building shall comply with the setback provisions required for the dwelling for front,side andrear yards in all other cases. b)c) Subsection 4.12.3.1 a) shall not apply if the additional dwelling unit (detached) has direct access from street orlane at the rear or exterior side yard. 4.13 PERMITTED PROJECTIONS ABOVE HEIGHT RESTRICTIONS The maximum building height shall not apply to architectural features orspires; cupolas; antennae; flag poles; elevator penthouses; roof access stairways, railings, and penthouses; and heating, ventilation, and air conditioning equipment. 4.14 PERMITTED PROJECTIONS INTO REQUIRED YARDS 4.14.1 Architectural Features Architectural features may project into any required yardto a maximum of 0.6 metres. 4.14.2 Balconies Balconies associated with a dwelling unit may project into any required yard provided that the balconies: City of Kitchener Zoning By-law 2019-051 2 - 98 SECTION 4Page 13of 18 a)Are not enclosed; b)Are not supported by the ground; c)Are located a minimum of 0.75 metres from an interior side lot line orrear lot line; and, d) Are located aminimum of 3 metres from a street line, except in a UGC zone or MIX zone. 4.14.3 Canopies Canopies may project into any required yard provided that the canopies: a) Are not supported by the ground; b) Do not project more than 1.8 metres into a required front yard,exterior side yard, or any other yard abutting a street; and, c) Are located a minimum of 0.6metres from a street line,side lot line, orrear lot line. 4.14.4 Decks a) All decks shall meet the setback regulations required for the building in the applicable zone. b) Despite Subsection a) in a residential zone, unenclosed decksthat do not exceed 0.6metres in height above the ground, may be located within a required rear yard orinterior side yard. c) Despite Subsection a) in a residential zone, entirely uncovered and unenclosed decksthat exceed 0.6 metres in height above the ground, may be located within a required rear yard provided that they are located a minimum of 4 metres from the rear lot line and meet the side yard setback regulations required for the dwelling in the applicable zone. a) All decks shall meet the setback regulations required for the building in the applicable zone. b) Despite Subsection a) in a residential zone, unenclosed decks that do not exceed 0.6metres in height above the ground, may be located within a required rear yard orinterior side yard. c) Despite Subsection a) in a residential zone, entirely unenclosed decks that exceed 0.6metres in height above the ground, may be located within a required rear yard provided that they are located a minimum of 4 metres from the rear lot line and City of Kitchener Zoning By-law 2019-051 2 - 99 SECTION 4Page 14of 18 meet the side yard setback regulations required for the dwelling in the applicable zone. d) Despite Subsection a) covered,unenclosed decks attached to the principal building may be located within a required rear yard provided that they are located a minimum of 4 metres from the rear lot line and meet the side yard setback regulations required for the dwelling in the applicable zone. 4.14.5 Heating, Ventilation, and Air Conditioning Equipment a) Heating, ventilation,and air conditioning equipment;and other similar mechanical equipment associated with a dwelling,may locate within arear yard or interior side yard, provided that the equipment is located a minimum of 3 metres from a street line and is screened from the street. b) Heating, ventilation,and air conditioning equipment;and other similar mechanical equipment associated with a non-residential building ormixed use building,may locate within arequired rear yardorinterior side yard, provided that the equipment has a minimum setback of 3 metres from a street line and from an abutting residential zone, and is screened. 4.14.6 Pools and Hot Tubs Pools and hot tubs associated with a dwelling unit are permitted to locate within aninterior side yard,exterior side yard,andrear yard provided that the poolor hot tub: a) has a minimum setback of0.6 metres from aninterior side lot line orrear lot line; and, b) is located a minimum of 2.1 metres from a street line. 4.14.7 Porches a) The minimum depth of a porch associated with a dwelling unit shall be 1.5 metres; or in the case of an existing porch with a depth of less than 1.5 metres, the minimum depth shall be the existing depth. b) Unenclosed porches associated with a dwelling unit may project into afront yard orexterior side yardprovided that the porch is located a minimum of 3 metres from astreet line and the floor of the porch does not exceed 1metre in height above the ground. A cold room may be located beneath the porch. c) Despite Subsection b), a porch attached or unattached to the principal building of astructure designated under the Ontario Heritage Act may be located or reconstructed within a required front yard or side yard provided that the setback, gross floor area, dimensions, and height do not exceed what legally existed on or before March 5, 2012. City of Kitchener Zoning By-law 2019-051 2 - 100 SECTION 4Page 15of 18 4.14.8 Restaurant Patios, Decks, and Outdoor Recreation 4.14.8.1 Restaurant Patios, Decks, and Outdoor Recreation Patios, decks, and outdoor recreation associated with a restaurant may project into a required yard provided that: a) They are located a minimum of 30 metres from any residential zone; b) In a COM or EMP zone they have a minimum setback of 3 metres from a street line; and, c) Despite Subsection a), in a UGC or MIX zone, a patio, deck, and outdoor recreation associated with a restaurant may be located within a front yard orexterior side yard. 4.14.8.2 Private Patios Any required private patio shall be a minimum of 11 square metres in size. 4.14.9 Patios, decks, and outdoor recreation associated with a restaurant may project into a required yard provided that: They are located a minimum of 30 metres from any residential zone; In aCOM or EMP zone they have a minimum setback of 3 metres from a street line; and, Despite Subsection a), in a UGC or MIX zone, a patio, deck, and outdoor recreation associated with a restaurant may be located within a front yard orexterior side yard. Satellite Dishes and Antennas Satellite dishes and antennas may project into a required yardand they shall be attached to a building and shall not exceed 0.9 metres in diameter. 4.14.10 Steps and Access Ramps a) Steps and access ramps that do not exceed 0.6 metres above ground level may be located within any yard side yard. b) Steps and access ramps that exceed 0.6 metres above ground level shall be located a minimum of 3 metres from a street line and a minimum of 0.75 metres from an interior side lot line orrear lot line. c) The maximum area of steps and access ramps located in a front yardshall not exceed 40 percent of the area of the front yard. 4.15 PERMITTED USES City of Kitchener Zoning By-law 2019-051 2 - 101 SECTION 4Page 16of 18 4.15.1 Automotive Detailing and Repair Operation, and Heavy Repair Operation a) Any portion of a building used for an automotive detailing and repair operation and/or heavy repair operation shall besetback aminimum of14 metres from any lot line abutting a residential zone. b) Despite Subsection a), where suchbuilding or portion thereof is constructed without an opening, such as a vent, door,or window, the setbackregulations of the applicable zone apply. 4.15.2 Construction Uses Alot in any zone may be used for temporary buildings and trailers associated with construction work occurring on such lot for the duration of construction, or for as long as the building permit is valid, whichever comes first. No temporary building and/or trailer intended for construction work purposes shall be used for human habitation. 4.15.3 Drive-Through Facilities a) Adrive-through facility shall be located a minimum distance of: i) 15 metres from an abutting residential zone where a visual barrier is provided along the abutting lot line; and, ii) 7.5 metres from an abutting residential zone where an acoustic barrier, certified by a professional engineer, is installed along the abutting lot line prior to occupancy of the drive-through facility, and is maintained thereafter. b) Subsection a) shall not apply to an existing drive-through facility. 4.15.4 Food Cart Afood cart shall be permitted in all zones except residential zones, NHCzones or OSR- 3zones, provided that: a) It does not occupy any drive aisle or required parking space;and, b) It does not exceed 2.0 metres in height, 2.0 metres in length and 1.2 metres in width. 4.15.5 Gas Station a) Afuel pump island shall have a setback of 6 metres from a street line,and a canopy structure above a fuel pump island shall have a setback of 3 metres from a street line; b) Afuel pump island and a canopy structure above a fuel pump island shall be located a minimum of 30 metres from a residential zone; City of Kitchener Zoning By-law 2019-051 2 - 102 SECTION 4Page 17of 18 c) No underground or above-ground fuel storage tank shall be located within 3 metres of a street line; d) Therear yard setback for a building associated with a gas station shall be 3metres; and, e) The minimum interior side yard setback for a building associated with a gas station abutting a residential zone shall be 3 metres. 4.15.6 Model Home a) A maximum of 10model homes may be permitted on a lot in any zone. b) Themodel homes shall be constructed to the requirements and provisions of the zone in which the model homes are located. The model homes shall be situated within 150 metres of an in-service fire hydrant on lands in a draft approved plan of subdivision, with or without service connections. 4.15.7 Public Uses and Utilities Unless otherwise regulated herein,public uses and utilities may be permitted in any zone, provided that: a) Suchuse,building,orstructure complies with the regulations, and parking and loading requirements of the applicable zone; and, b) Accessory outdoor storage may be permitted, and shall not be located within any yardabutting aresidential zone. 4.15.8 Shipping Container a) Ashipping container shall not be located on a lot inaresidential zone. b) Despite Subsection a), a shipping container may be permitted on a driveway within aresidential zone for a period not exceeding 30 days in any given year, provided that the shipping container is not located within or blocking access to a required parking space, andthat the shipping container is located a minimum of 0.6metres from a street line. c) Where a shipping container is converted and used as a construction material for a residential dwelling subject to the Ontario Building Code, it is a building. 4.15.9 Towing Compounds Atowing compound shall not be located on a lot that is within 30 metres of a residential use. 4.15.10 Temporary Sales Centre City of Kitchener Zoning By-law 2019-051 2 - 103 SECTION 4Page 18of 18 Atemporary sales centre is permitted in all UGC, MIX, and COM zones; and in all residential zones, andshall be subject only to the setback regulations of the applicable zone. 4.16 SETBACKS FROM RAILWAYS a) Any portion of a building used for dwelling units,multiple dwellings,elementary school,secondary school,post-secondary school,adult education school,day care facility, or place of worship shall be setback a minimum of: i) 30 metres from the lot line of the active railway right-of-way for a Principal or Secondary Main Line; or, ii) 15 metres from the lot line of the active railway right-of-way for a Principal, Secondary or Tertiary Branch Line b) Subsection a) shall not apply to any railway right-of-way or section thereof solely used for light rail transit. 4.17 TWO OR MORE ZONES ON A LOT Where two or more zones apply to alot, the following shall apply: a) Floor space ratio shall be calculated using only that portion of the building floor areaand only that portion of the lot area within each zone. b) Despite Subsection a)the lotarea oflands zoned OSR-2 and used for utility corridor purposes shall be permitted to be included in the calculation of floor space ratio for an abutting portion of the lot within another zone. c) Building height shall be measured to the uppermost point of that portion of a building within each zone. d) Parking spaces andbicycle parking stalls associated with permitted uses within each zone on a lot may be located within any zone on a lot, except that portion of alot within a OSR, NHC or EUF zone. 4.18 VISUAL BARRIER Wherea visual barrier is required, it shall be a minimum height of 1.8 metres above ground level,and shall be an opaque screen consisting of materials such as a wall, fence, trees, shrubs, and/or earth berms. 4.19 TRANSITION TO LOW-RISE RESIDENTIAL Despite any maximum building height of more than 12 metres applying to any zone, the building height shall not exceed 12 metres within 15 metres of a lot with a low-rise residential zone. City of Kitchener Zoning By-law 2019-051 2 - 104 SECTION 5Page 1of 30 5.1 APPLICABILITY a)The provisions of Section 5 herein shall only apply at such time as there is: i) Achange in use; and/or, ii) An increase in gross floor area on the lot; and/or, iii) Achange in the amount, size and/or location of parking spaces. b) Despite Subsection a) i), the provisions of Section 5 herein shall not apply to existing parking spaces,existing loading spaces,existing stacking spaces or existing stacking lanes on a lot where there is a change of usewithin an existing building orexisting structure and: i) There is no increase in gross floor area on the lot; and, ii) TheClass B bicycle parking provisions are complied with; and, iii) The number of existing parking spaces andstacking spaces that remain on the lot is equal to or greater than the minimum parking spaces and minimum stacking spaces required for the newusein accordance with Table 5-5and Table 5-7. 5.2 PARKING PROVISIONS a) Parking spaces andbicycle parking stalls shall be provided and maintained for each uselocated on a lot and shall be located on the same lot as the use(s) requiring the parking spaces andbicycle parking stalls. Land used for ahydro corridor on the same lot as the use(s) requiring the parking spaces andbicycle parking stalls may be used for required parking spaces andbicycle parking stalls. b) Despite Subsection a), parking spaces, other than barrier-free accessible parking spaces, electric vehicle parking spaces, orvisitor parking spaces may be located on another lot within 400 metres of the lot containing the use requiring the parking spaces. These parking spaces shall not be located on a lot within a residential zone, or OSR, NHC, or EUF zoneunless it is within the same zone as the use requiring the parking spaces. c) Where required parking spaces are provided in accordance with Subsection b), required parking spaces may be located on land used for ahydro corridor provided that it is an OSR zone. City of Kitchener Zoning By-law 2019-051 2 - 105 SECTION 5Page 2of 30 d) Where required parking spaces are provided in accordance with Subsection b), the owner of both lots shall enter into an agreement with the City to be registered against the title of both lots to guarantee that the land required for parking spaces shall continue to be used only for such purpose until parking spaces are provided on the same lot as the use requiring the parking spaces. e) Despite Subsection d), where required parking spaces are provided in accordance with Subsection b) and are located within a hydro corridor, the agreement shall be registered on the title of only the lot containing the usefor which the parking spaces are required. f) Aparking space shall not be used to store or display motor vehicles or major recreational equipment for sale or rental. 5.3 PARKING SPACE AND PARKING LOT PROVISIONS a) Where a parking lot is situated on a lot and abuts a residential zone, a visual barrier shall be provided and maintained between the parking lot and such abutting residential lot line in accordance with Section 4.18 herein. b) Allparking lots shall be provided with adequate means of ingress and egress to and from a street orlane in a forward motion, and shall be arranged so as not to interfere with the normal public useof a street orlane. c) Parking spaces,drive aisles,driveways, and parking lots shall be provided and maintained with stable surfaces such as asphalt, concrete, or other hard-surfaced material as approved by the Director of Planning or designate. d) All required visitor parking spaces shall be clearly identified, demarcated,and reserved at all times. 5.3.1 Parking Space Dimensions Parking spaces shall be provided in accordance with Table 5-1. Table 5-1: Regulations for Parking Space Dimensions Type of Parking Space Minimum Dimensions Angled parking space 2.6 m in width and 5.5 m in length (1) Parallel parking space (interior space) 2.4 m in width and 6.7 m in length (2)(3) Parallel parking space (end space) 2.4 m in width and 5.5 m in length (2)(3)(4) Parking space within a private garage 3 m in width and 5.5 m in length (5) Additional Regulations for Parking Space Dimensions Table 5-1 (1) Where 10 or more parking spaces are required, a maximum of 10 percent of the total angled parking spaces may be reduced to a minimum of 2.4 metres in width and a City of Kitchener Zoning By-law 2019-051 2 - 106 SECTION 5Page 3of 30 minimum of 4.8 metres in length and where reduced, shall be clearly identified, demarcated, and reserved for compact motor vehicles. (2) Where 10 or more parking spaces are required, a maximum of 10 percent of the total parallel parking spaces may be reduced by a maximum of 0.7 metres in length and where reduced, shall be clearly identified, demarcated, and reserved for compact motor vehicles. (3) Aparallel parking space adjacent to a wall or obstruction shall have an access aisle. Theaccess aisle shall belocated between the parking space and the wall or obstruction, shall be a minimum of 1.5 metres in width, and shall extend the full length of the parking space. (4) Shall be located a minimum of 1.5 metres from any street,lane,drive aisle, curb, or obstruction. (5) Where 2 or more required parking spaces are located within a private garage, the minimum width of the first space is 3 metres and 2.6 metres for every additional parking space. 5.3.2 Location of Parking Spaces for Non-Residential Uses and Mixed Use Buildings a) Parking spaces, loading spaces, display areas for motor vehicles or major recreational equipment for sale or rental, or drive aisles shall not be located within 3 metres of a street line. b) Despite Subsection a), in any MIX zone,parking spaces,loading spaces, or drive aisles shall not be located within 4.5 metres of a street line. c) Despite Subsection a), in any UGC zone,parking spaces,loading spaces,ordrive aisles may be located 1.0 metre from a street line provided that a landscaped wall is constructed to partially screen parking from view. Such landscaped wall shall be a minimum of 0.9 metres in height and a maximum of 1.2 metres in height, and shall be approved by the Director of Planning or designate. d) Despite Subsections a) through c), parking spaces,loading spaces, display areas for motor vehicles ormajor recreational equipment for sale or rental, or drive aisles that are located within abuilding are subject to setbackregulations in the applicable zone. 5.3.3 Location of Parking Spaces for Residential Uses a) On a lot containing a single detached dwelling,semi-detached dwelling,additional dwelling unit(s) (attached),additional dwelling unit (detached),small residential care facility,lodging house having less than 9 residents, or home occupation: City of Kitchener Zoning By-law 2019-051 2 - 107 SECTION 5Page 4of 30 i) Parking spaces shall be located a minimum distance of 6 metres from a street line; ii) Despite Subsection i), where two or more parking spaces are required, one parking space may locate on the driveway within 6 metres of the front lot line orexterior side lot line and may be a tandem parking space; and, Illustration 5-1: One Tandem Parking Space Option A Illustration 5-2: One Tandem Parking Space Option B iii) Despite Subsection ii) where three parking spaces are required on a lot that contains an additional dwelling unit (attached) and an additional dwelling unit (detached), one parking space may locate on the driveway within 6 City of Kitchener Zoning By-law 2019-051 2 - 108 SECTION 5Page 5of 30 metres of the front lot line orexterior side lot line and two parking spaces may be tandem parking spaces;and iv) Not more than one parking space for a home occupation may be located in arear yard, except in the case of a corner lot,a through lot, or a lot abutting alane. a)b) On a lot containing a street townhouse dwelling: i) parking spaces shall be located a minimum distance of 6 metres from a street line. b)c) On a lot containing a multiple dwelling,dwelling unit,cluster townhouse dwelling, lodging house having 9 residents or more,or a large residential care facility: i) parking spaces shall not be located within the front yard or within the exterior side yard. In no case shall any parking spaces be located within 3 metres of the front lot line,exterior side lot line orstreet line; and, ii) despite Subsection i), parking spaces,loading spaces, or drive aisles located in an enclosed portion of a building entirely below grade, may have a minimum setback of 0 metres from a front lot line,side lot line, and rear lot line. 5.3.4 Location of Parking Spaces on the Ground Floor of a Building a) In aUGC zone,orMIX zone,or on a lot with a multiple dwelling, parking spaces anddrive aisles within a building shall not be located on the ground floor of such building. b) Despite Subsection a), parking spaces anddrive aisles may be located on the ground floor of a building where: i) the ground floor of the building hasone or more permitted uses other than acommercial parking facility that abut the street line façade; and, ii) parking spaces anddrive aisles are located entirely behind the area on the ground floor devoted to the permitted uses in Subsection i) for the entire length of the street line façade, except for access. City of Kitchener Zoning By-law 2019-051 2 - 109 SECTION 5Page 6of 30 Illustration 5-3: Location of Parking Spaces on the Ground Floor of a Building 5.4DRIVEWAY AND GARAGE PROVISIONS FOR RESIDENTIAL USES a) For all residential uses other than large residential care facilities, multiple dwellings containing 4 or more dwelling units, and mixed use buildings, a required parking space shall have direct access from a street orlane via a driveway. b) A maximum of one driveway with one access point from each street or lane shall be permitted on a lot, except in the case of: i) Alot having a minimum lot width of 30 metres, where a maximum of two driveways may be permitted; and, ii) Asemi-detached dwelling, where each dwelling unit may have one driveway. c) For the purposes of Section 5.4 the calculation of driveway width is measured along the entire length of the driveway perpendicular from the edge. City of Kitchener Zoning By-law 2019-051 2 - 110 SECTION 5Page 7of 30 Illustration 5-4: Measuring driveway width d) Adriveway shall be a minimum of 2.6 metres in width. e) The provisions in Table 5-2 apply to single detached dwellings, semi-detached dwellings, and street townhouse dwellings with or without additional dwelling unit(s). f) Despite any provision in Table 5-2 and 5-3 a driveway associated with a single detached dwelling, semi-detached dwelling orstreet townhouse dwelling may not exceed 8.0 metres in width. City of Kitchener Zoning By-law 2019-051 2 - 111 SECTION 5 Page 8of 30 Table 5-2: Private Garage Width and Driveway Width Regulations by Use Maximum private Maximum driveway width with Maximum Residential Use driveway width garage width an attached private garage without an attached private garage Single Detached 65% of the width of the 50% of the lot width or a driveway 50% of the lot front façade closest to may be as wide as the attached Dwelling width. the street at grade garage. Thedriveway may extend beyond the width of the attached garage to a maximum total width of 50% of the lot; and shall be located no closer than the required side yard setbackof the dwelling. Semi-Detached 60% of the width of the 50% of the lot width or 5.2 metres, 50% of the lot front façade closest to whichever is less, and a driveway width or 5.2 Dwelling the street at grade may be as wide as the attached metres, garage.whichever is less. Thedriveway may extend beyond the width of the attached garage to a maximum total width of 50% of the lot; and shall be located no closer than the required side yard setbackof the dwelling which is not located along the common wall of the same dwelling; City of Kitchener Zoning By-law 2019-051 2 - 112 SECTION 5 Page 9of 30 Street 60% of the width of the 60% of the lot width or 5.2 metres, 60% of the lot Townhouse front façade closest to whichever is less. width or 5.2 metres, Dwelling the street at grade whichever is less. Thedriveway may extend beyond the width of the attached garage to a maximum total width of 60% of the lot; Exterior end unit driveways shall be located no closer than the required side yard setbackof the dwelling which is not located along the common wall of the same dwelling. a)For lands identified on Appendix C (Central Neighbourhoods), and within a low- rise residential zone an attached private garage associated with a single detached dwelling,semi-detached dwelling, orstreet townhouse;with or without an additional dwelling unit(s)shall not project beyond the front façade of the habitable atgrade portion of the dwelling unit. b)For lands not identified on Appendix C (Central Neighbourhoods), an attached private garage associated with a single detached dwelling, semi-detached dwelling orstreet townhouse dwelling; with or without an additional dwelling unit(s): i)An attached private garage may project beyond the front façade of the habitable portion of the dwelling unit a maximum of 1.8 metres. ii)Where a private garage projects beyond the habitable portion of the front façade of the dwelling unit, a porch abutting the private garage shall be provided in accordance with Section 4.14.7. iii)Aprivate garage shall not project beyond the front of a porch. c)On a corner lot nodriveway, or parking space shall be located within the front yard for a distance of 7 metres from the exterior side lot line, and the same shall not be located within the exterior side yard for a distance of 7 metres from the front lot line, measured from the intersecting point of the front lot line and the exterior side lot line. City of Kitchener Zoning By-law 2019-051 2 - 113 SECTION 5Page 10of 30 Illustration 5-5: Corner lot driveway location d) Within a front yard,interior side yard, exterior side yard orrear yard motor vehicles shall only be parked within a private garage or on a driveway that conforms to Section 5.3. e) Thedriveway shall be comprised of a material that is consistent throughout the driveway, and that is distinguishable from all other ground cover or surfacing including landscaping or walkways within the front yard,interior side yard,exterior side yard, or rear yard. City of Kitchener Zoning By-law 2019-051 2 - 114 SECTION 5 Page 11of 30 Table 5-3: Private Garage Width and Driveway Width Regulations by Use for lands identified on Appendix C. Central Neighbourhoods Residential Maximum private Maximum driveway width Maximum driveway Use garage width with an attached garage width without an attached garage Single 50% of the width of 40% of the lot width or a 40% of the lot width. Detached the front façade driveway may be as wide as closest to the street Dwelling the attached garage atgrade Thedriveway may extend beyond the width of the attached garage to a maximum total width of 40% of the lot; and shall be located no closer than the required side yard setback of the dwelling which is not located along the common wall of the same dwelling. 50% of the width of 40% of the lot width or 5.2 40% of the lot width or the front façade metres, whichever is less, and 5.2 metres, whichever Semi- closest to the street adriveway may be as wide as is less. Detached the attached garage. atgrade Dwelling Thedriveway may extend beyond the width of the attached garage to a maximum total width of 40% of the lot; and shall be located no closer than the required side yard setback of the dwelling which is not located along the common wall of the same dwelling; Townhouse 60% of the width of 60% of the lot width or 5.2 60% of the lot width or Dwelling the front façade metres, whichever is less, and 5.2 metres, whichever Street closest to the street adriveway may be as wide as is less. atgrade the attached garage. Thedriveway may extend beyond the width of the City of Kitchener Zoning By-law 2019-051 2 - 115 SECTION 5Page 12of 30 attached garage to a maximum total width of 60% of the lot; Exterior end unit driveways shall be located no closer than the required side yard setback of the dwelling. 5.5BICYCLE PARKING STALL PROVISIONS a) Class A bicycle parking stalls shall only be required for buildings or portions of buildings that were not existing on the effective date of the By-law. b) Class A bicycle parking stalls shall be located within a building,structure, and/or bicycle locker. c) Bicycle parking stalls shall bea minimum of 1.8 metres in length, aminimum of 0.6 metres in width, and overhead clearance in covered spaces shall bea minimum of 2.1metres. Despite the above, where a bicycle parking stall provides for vertical storage of a bicycle, the minimum length may be reduced to 1.2 metres. d) Despite Subsections a) and c), where a Class A bicycle parking stall is located within a bicycle locker, overhead clearance shall not be required. e) Bicycle parking stalls shall abutanaccess aisle which shall be a minimum of 1.5 metres in width. City of Kitchener Zoning By-law 2019-051 2 - 116 SECTION 5Page 13of 30 Illustration 5-6:Bicycle Parking Stalls and Access Aisle Dimensions f) Shower and change facilities shall be provided in conjunction with the Class A bicycle parking stalls required for any non-residential uses in accordance with Table 5-4. Table 5-4:Regulations for Shower and Change Facilities Required Number of Minimum total area of Shower Minimum number of Class A Bicycle and Change Facilities Showers within Shower Parking Stalls and Change Facilities 2 5-608 m2showers 2 61-12012 m4showers 2 121-18016 m6showers 2 Greater than 180 20 m8showers g) Despite Table 5-5,the number of parking spaces required for any non-residential userequiring shower and change facilities may be reduced by 1 parking space per required shower. City of Kitchener Zoning By-law 2019-051 2 - 117 SECTION 5Page 14of 30 5.6 MINIMUM AND MAXIMUM PARKING SPACE PROVISIONS a) Parking spaces,visitor parking spaces,andbicycle parking stalls shall be provided for any use, where a zone permits the use, at a minimum and maximum of the rates specified for the applicable zone(s) within Table 5-5. b) On a lot with existing parking spaces that exceed the maximum number of parking spaces permitted through Table 5-5, the number of existing parking spaces shall be maximum number of parking spaces. c) Except in a UGC zone, themaximum parking space requirement in Table 5-5shall only apply where 20 or more parking spaces are required. Where 19 or fewer parking spaces is the minimum requirement, the maximum parking space requirement shall be: i) The minimum parking spaces required plus 5 parking spaces. d) Where the calculation of the total required parking spaces,visitor parking spaces,or bicycle parking stalls results in a fraction, then the requirement shall be the next higher whole number. City of Kitchener Zoning By-law 2019-051 2 - 118 SECTION 5 Page 15of 30 Table 5-5:Regulations for Minimum and Maximum Parking Requirements Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones RESIDENTIAL Minimum 1 22 parking space No minimum 63 mGFA 63 mGFA per: Lodging House; Maximum 1 222 parking space 92mGFA 48mGFA 48mGFA per: Minimum parking 0.9 per dwelling Nominimum 1.0 per dwelling unit spaces:unit 5-80dwelling units: 0.15 0.1 per dwelling per dwelling unit Multiple unit only where 5 Residential Minimum visitor 0 per dwelling unit or more dwelling OR Buildings: parking spaces: units are on a lot 81+ dwelling units: 0.1 Cluster per dwelling unit Townhouse Dwelling;Maximum parking 1.3per dwelling spaces (including 1 per dwelling unit 1.4per dwelling unit unit Dwelling Unit;visitor): Minimum Class A 1 per dwelling unit 0.5 per dwelling 0.5 per dwelling unit Multiple Bicycle Parking without a private unit without a without a private garage Dwelling; Stalls:garage private garage Minimum Class B 2, or 6 where more 2, or 6 where more 2, or 6 where more than Bicycle Parking than 20 dwelling than 20 dwelling 20dwelling units are on Stalls:units are on a lot units are on a lot alot Minimum 1 22 parking space No minimum 92 mGFA 92 mGFA per: Maximum 1 222 parking space 92mGFA 70mGFA 70mGFA Residential Care per: Facility, Large Minimum 1 Class 222 A Bicycle Parking 110 mGFA 710 mGFA 710 mGFA Stall per: Class B Bicycle 2, or 6 if greater 2, or 6 if greater 2, or 6 if greater than 550 222 Parking Stalls:than 550 mGFA than 550 mGFA mGFA Minimum parking Residential Care n/a2per facility 2per facility spaces: Facility, Small Single-Detached Dwelling, Semi- Detached Minimum parking n/an/a1per dwelling unit Dwelling, Street spaces: Townhouse and Dwelling; Additional Dwelling Unit Minimum parking n/an/a1 per dwelling unit (Attached) and spaces: Additional City of Kitchener Zoning By-law 2019-051 2 - 119 SECTION 5 Page 16of 30 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Dwelling Unit (Detached) NON-RESIDENTIAL Agricultural: Agriculture; Minimum parking Agriculture-n/an/a0 spaces: Related; and, On-Farm Diversified Minimum parking n/an/a3 per service bay spaces: Maximum parking 130% of the minimum n/an/a spaces:parking spaces Automotive Detailing and Minimum 1 Class 2 Repair A Bicycle Parking n/an/a1,500 mGFA Operation Stall per: Minimum 1 Class 2 BBicycle Parking n/an/a3,000 mGFA Stall per: Minimum 1 22 parking space No minimum 20mGFA 20mGFA per: Maximum 1 222 parking space 23mGFA 15mGFA 15mGFA per: Brewpub Minimum 1 Class 222 A Bicycle Parking 250 mGFA 250 mGFA 250 mGFA Stall per: Minimum Class B Bicycle Parking 222 Stalls: Minimum parking Campground n/an/a1.1per camp site spaces: 0,provide stacking Minimum parking Car Wash n/an/aspaces in accordance spaces: with Section 5.11 Minimum parking Cemetery 000 spaces: Minimum 1 22 parking space No minimum 40 mGFA 40 mGFA per: Commercial Maximum 1 222 Entertainment parking space 60mGFA 23mGFA 23mGFA per: Minimum 1 Class 222 A Bicycle Parking 500 mGFA 500 mGFA 500 mGFA Stall per: City of Kitchener Zoning By-law 2019-051 2 - 120 SECTION 5 Page 17of 30 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Minimum 1 Class 222 BBicycle Parking 250 mGFA 250 mGFA 250 mGFA Stall per: Commercial Minimum parking 0n/a0 Parking Facility spaces: Commercial Minimum parking Vehicle Wash n/an/a1per bay spaces: Facility Minimum 1 22 parking space No minimum 40 mGFA 30 mGFA per: Maximum 1 Day Care 222 parking space 92mGFA 30mGFA 23mGFA Facility per: Minimum 1 Class 222 A Bicycle Parking 333 mGFA 500 mGFA 500 mGFA Stall per: 0, provide stacking spaces Drive-Through Minimum parking in accordance with Section n/an/a Facility spaces: 5.11 Industrial Employment: Minimum 1 Catering Service 22 parking space No minimum 90 mGFA 90 mGFA Establishment; per: Heavy Repair Operation; Indoor Recycling Operation;Maximum 1 222 parking space 92mGFA 70mGFA 70mGFA Manufacturing; per: Outdoor Recycling Operation; Printing or Minimum 1 Class 222 Publishing A Bicycle Parking 1,000 mGFA 1,500 mGFA 1,500 mGFA Stall per: Establishment; Propane Facility; Restoration, Janitorial or Security Minimum 1 Class 222 Services; and, BBicycle Parking 2,000 mGFA 3,000 mGFA 3,000 mGFA Stall per: Tradesperson or Contractor's Establishment Minimum 1 22 Fitness Centre parking space No minimum 30 mGFA 20 mGFA per: City of Kitchener Zoning By-law 2019-051 2 - 121 SECTION 5 Page 18of 30 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Maximum 1 222 parking space 60mGFA 23mGFA 15mGFA per: Minimum 1 Class 222 A Bicycle Parking 500 mGFA 1,000 mGFA 1,000 mGFA Stall per: Minimum 1 Class 222 BBicycle Parking 250 mGFA 500 mGFA 500 mGFA Stall per: Minimum 1 2 parking space n/an/a23 mGFA per: Funeral Home Maximum 1 2 parking space n/an/a17mGFA per: 0, provide stacking spaces Minimum parking in accordance with Section Gas Station n/an/a spaces: 5.11 2 1 per 23mGFA, plus 4 Minimum parking n/an/a spaces: per golf course hole Golf Course Minimum 1 Class 2 A Bicycle Parking n/an/a1,000 mGFA Stall per: Minimum 1 22 parking space No minimum 19 mGFA 19 mGFA per: Maximum 1 222 parking space 23mGFA 15mGFA 15mGFA per: Health Clinic Minimum 1 Class 222 A Bicycle Parking 500 mGFA 1,000 mGFA 1,000 mGFA Stall per: Minimum 1 Class 222 BBicycle Parking 167 mGFA 333 mGFA 333 mGFA Stall per: 1 for occupation plus 1 1 plus any parking Minimum number for any non-resident Homespaces required for of parking No minimum employee plus any Occupation thedwelling unit spaces: parking spaces required (1) for the dwelling unit (1) Minimum parking No minimum 1per bed 1per bed spaces: Maximum parking 1 per bed 1.3 per bed 1.3 per bed spaces: Minimum 1 Class Hospice 222 A Bicycle Parking 125 mGFA 500 mGFA 500 mGFA Stall per: Minimum 1 Class 222 BBicycle Parking 167 mGFA 667 mGFA 667 mGFA Stall per: City of Kitchener Zoning By-law 2019-051 2 - 122 SECTION 5 Page 19of 30 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Minimum 1 2 parking space No minimum n/a70mGFA per: Maximum 1 22 parking space 70mGFA n/a54mGFA per: Hospital Minimum 1 Class 22 A Bicycle Parking 750 mGFA n/a1,000 mGFA Stall per: Minimum 1 Class 22 BBicycle Parking 1,500 mGFA n/a2,000 mGFA Stall per: Minimum parking No minimum 1per guest room 1per guest room spaces: Maximum parking 1 per guest room 1.3 per guest room 1.3 per guest room spaces: Hotel Minimum Class A 1 per 30 guest 1 per 40 guest Bicycle Parking 1 per 40 guest rooms rooms rooms Stalls: Minimum Class B 2, or 6 if greater 2, or 6 if greater 2, or 6 if greater than 75 Bicycle Parking than 75 guest than 75 guest guest rooms Stall:rooms rooms Industrial Storage and Minimum parking The greater of 1per n/an/a Transport: 2 spaces:1,500 mGFA, or 2 Bulk Fuel and Oil Storage Maximum 1 Establishment; 2 parking space n/an/a70 mGFA per: Salvage or Scrap Yard; Minimum 1 Class Towing 2 A Bicycle Parking n/an/a1,500 mGFA Compound; Stall per: Transportation Facility; Minimum 1 Class 2 Truck Transport BBicycle Parking n/an/a3,000 mGFA Terminal; and, Stall per: Warehouse Minimum 1 22 parking space n/a90 mGFA 90 mGFA per: Light Repair Operation Maximum 1 222 parking space 95mGFA 70mGFA 70mGFA per: City of Kitchener Zoning By-law 2019-051 2 - 123 SECTION 5 Page 20of 30 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Minimum 1 Class 222 A Bicycle Parking 1,000 mGFA 1,500 mGFA 1,500 mGFA Stall per: Minimum 1 Class 222 BBicycle Parking 2,000 mGFA 3,000 mGFA 3,000 mGFA Stall per: Natural Heritage Minimum parking n/an/a0 Conservation spaces: Minimum parking n/an/an/a spaces: Maximum 1 2 parking space 60mGFA n/an/a per: Night Club Minimum 1 Class 2 A Bicycle Parking 100 mGFA n/an/a Stall per: Minimum Class B Bicycle Parking 2 per night club n/an/a Stalls: Minimum 1 22 parking space n/a35mGFA 35mGFA per: Maximum 1 22 parking space n/a24mGFA 24mGFA per: Minimum 1 Class 22 A Bicycle Parking n/a1,000 mGFA 1,000 mGFA Stall per: City of Kitchener Zoning By-law 2019-051 2 - 124 SECTION 5Page 21of 30 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Multi-Unit Minimum 1 Class n/a 22 Parking Rate BBicycle Parking 333 mGFA 333 mGFA (1)(2)(3)Stall per: Additional Regulations for Home Occupation Table 5-5 (1) 0parking spaces are required for a home occupation use that is an office or indirect sales with no employees or clients to the premises, or for a home occupation within a single detached dwelling with anadditional dwelling unit(s) attached or additional dwelling unit (detached), semi-detached dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), street townhouse dwelling with anadditional dwelling unit(s) attached oradditional dwelling unit (detached), cluster townhouse dwelling, ormultiple dwelling. If the home business does not have a non-resident employee, then the required parking spaces for the home business and dwelling unit may be arranged in tandem. Additional Regulations for Multi-Unit Parking Rate Table 5-5 (2)Themulti-unit parking rate shall only be applied where there are three or more separate spaces for lease and/or occupancy and shall not include manufacturing orwarehouse. (3)The following shall only apply to a multi-unit building ormulti-unit development with agross floor area of 1,000 square metres or less where the multi-unit parking rate applies: a. Restaurant and health clinic shall each only be permitted to use the multi-unit parking rate up to a maximum of 30 percent of the gross floor area of the multi-unit building ormulti-unit development. Parking space requirements for additional gross floor area shall be in accordance with the individual rate identified in Table 5-5; b. Subsection a) shall not apply to bicycle parking stall requirements. In an EMP zone, the parking spaceand bicycle parking stall requirements shall be the lesser of the multi-unit parking rate or the aggregate individual use requirement. City of Kitchener Zoning By-law 2019-051 2 - 125 SECTION 5 Page 22of 30 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Office and Office-Related: 2 Minimum 150mGFA, only for 22 parking space office GFA in 33 mGFA 33 mGFA Biotechnological 2 per:excess of 4,000m. Establishment; Computer, Electronic, Data Maximum 1 Processing, or 222 parking space 38mGFA 25mGFA 25mGFA Server per: Establishment; Industrial Administrative Office; Minimum 1 Class 222 A Bicycle Parking 333 mGFA 500 mGFA 500 mGFA Office; Stall per: Research and Development Establishment; Minimum 1 Class and, 222 BBicycle Parking 500 mGFA 750 mGFA 750 mGFA Stall per: Social Service Establishment Minimum parking 2 per court,plus 20 n/an/a spaces:per playing field Outdoor Active Recreation Minimum Class B 1 per court plus 6 Bicycle Parking n/an/a per playing field Stalls: Outdoor Passive Minimum parking n/an/a0 Recreation spaces: Place of Minimum 1 22 Assembly and parking space No minimum 23 mGFA 23 mGFA Community:per: Maximum 1 222 Community parking space 75mGFA 17mGFA 17mGFA Facility; per: Minimum 1 Class 222 Conference, A Bicycle Parking 500 mGFA 1000 mGFA 1,000 mGFA Convention, or Stall per: Exhibition Facility; and, Minimum 1 Class 222 BBicycle Parking 250 mGFA 500 mGFA 500 mGFA Cultural Facility Stall per: Minimum 1 Place of 22 parking space No minimum 23 mGFA 23 mGFA Worship per: City of Kitchener Zoning By-law 2019-051 2 - 126 SECTION 5 Page 23of 30 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Maximum 1 222 parking space 30mGFA 17mGFA 17mGFA per: Minimum 1 Class 222 A Bicycle Parking 500 mGFA 1,000 mGFA 1,000 mGFA Stall per: Minimum 1 Class 222 BBicycle Parking 250 mGFA 500 mGFA 500 mGFA Stall per: Minimum 1 22 parking space No minimum 7.5 mGFA 7.5 mGFA per: Maximum 1 222 parking space 15mGFA 5mGFA 5mGFA per: Restaurant Minimum 1 Class 222 A Bicycle Parking 100 mGFA 250 mGFA 250 mGFA Stall per: Minimum Class B Bicycle Parking 2 per restaurant 2 per restaurant 2 per restaurant Stalls: Minimum 1 2 100 mGFA, parking space n/an/a including portables per: Maximum 1 2 75mGFA, parking space n/an/a including portables per: School, Elementary Minimum 1 Class 2 A Bicycle Parking n/an/a1,000 mGFA Stall per: Minimum 1 Class 2 BBicycle Parking n/an/a100 mGFA Stall per: Minimum 1 2 parking space No minimum n/a77 mGFA per: Maximum 1 22 parking space 130mGFA n/a60mGFA per: School,Post- Secondary Minimum 1 Class 22 A Bicycle Parking 50 mGFA n/a50 mGFA Stall per: Minimum Class B the greater of 1 per the greater of 1 per Bicycle Parking n/a 22 50 mGFA, or 3 50 mGFA, or 3 Stalls: Adult Education Minimum 1 2 120 mGFA School; and, parking space No minimum n/a including portables per: City of Kitchener Zoning By-law 2019-051 2 - 127 SECTION 5 Page 24of 30 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones School, Maximum 1 22 Secondary 125mGFA, plus 2 92mGFA parking space n/a per portable including portables per: Minimum 1 Class 22 A Bicycle Parking 500 mGFA n/a1,000 mGFA Stall per: Minimum 1 Class 22 BBicycle Parking 100 mGFA n/a100 mGFA Stall per: Services and Retail: Animal Shelter; Minimum 1 Establishment; 22 parking space 40 mGFA 33mGFA No minimum per: Building Material and Decorating Supply Establishment; Convenience Retail; Craftsperson Shop; Financial Maximum 1 Establishment; 222 parking space 72mGFA 27mGFA 24mGFA per: Garden Centre, Nursery, and/or Landscaping Supply; City of Kitchener Zoning By-law 2019-051 2 - 128 SECTION 5 Page 25of 30 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Major Equipment Supply and Service; Pawn Minimum 1 Class Establishment; 222 A Bicycle Parking 500 mGFA 1,000 mGFA 1,000 mGFA Stall per: Payday Loan Establishment; Personal Services; Pet Boarding; Pet Services Establishment; Print Shop; Minimum 1 Class Propane Retail 222 BBicycle Parking 167 mGFA 333 mGFA 333 mGFA Outlet; Stall per: Retail; and, Retail of Motor Vehicles and Major Recreational Equipment. Minimum 1 22 parking space No minimum 40 mGFA 40 mGFA per: Training: Maximum 1 Commercial 222 parking space 42mGFA 30mGFA 30mGFA Driver and per: Training Establishment; and, Minimum 1 Class 222 A Bicycle Parking 500 mGFA 1,000 mGFA 1,000 mGFA Commercial Stall per: School; Minimum 1 Class 222 BBicycle Parking 167 mGFA 333 mGFA 333 mGFA Stall per: Minimum 1 2 parking space n/an/a33mGFA Large per: Merchandise Maximum 1 Retail 2 parking space n/an/a25mGFA per: City of Kitchener Zoning By-law 2019-051 2 - 129 SECTION 5Page 26of 30 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Minimum 1 Class 2 ABicycle Parking n/an/a1,000 mGFA Stall per: Minimum 1 Class 2 BBicycle Parking n/an/a500 mGFA Stall per: 2 40mGFA, Minimum 1 exclusive of any parking space n/an/a parking for fleet per: vehicles 2 30mGFA, Maximum 1 exclusive of any parking space n/an/a parking for fleet Transportation per: vehicles Depot Minimum 1 Class 2 A Bicycle Parking n/an/a1,500 mGFA Stall per: Minimum 1 Class 2 BBicycle Parking n/an/a3,000 mGFA Stall per: Minimum 1 22 parking space No minimum 40mGFA 40mGFA per: Maximum 1 Veterinary 222 parking space 53 mGFA 30 mGFA 30 mGFA Services per: Minimum 1 Class 222 A Bicycle Parking 500 mGFA 1,000 mGFA 1,000 mGFA Stall per: OTHER USES Minimum 1 22 parking space No minimum 40 mGFA 40 mGFA per: All other uses Maximum 1 222 not otherwise parking space 42 mGFA 30 mGFA 30 mGFA listed per: Minimum Class B 10% of total 10% of total 10% of total required Bicycle Parking required parking required parking parking spaces Stalls:spaces spaces 5.7 PARKING REQUIREMENTS FOR MIXED-USE BUILDINGS & DEVELOPMENTS a) Where there is a residential use on a lot where the non-residential uses qualify for the multi-unit parking rate, the following shall apply: i)Visitor parking spaces shall not be required for the residential use; and, ii)Allparking spaces shall be shared between uses and unassigned. City of Kitchener Zoning By-law 2019-051 2 - 130 SECTION 5Page 27of 30 5.8 ELECTRIC VEHICLE PARKING SPACE PROVISIONS a)A minimum of 20 percent of the parking spaces required for multiple dwellings shall be designed to permit the future installation of electric vehicle supply equipment. b)Whereparking spaces required for non-residential uses are not located within a building,a minimum of 17.5 percent of the parking spaces shall be designed to permit the future installation of electric vehicle supply equipment and a minimum of2.5 percent of the parking spaces shall be electric vehicle parking spaces. c)Despite Subsection b), where the calculation of the total required electric vehicle parking spaces orparking spaces designed to permit the future installation of electric vehicle supply equipment results in a fraction, then the requirement shall be the next lowest number. d)All required electric vehicle parking spaces shall be clearly identified and demarcated. e)In a UGC zone, Subsections a) through d) shall apply to the number of parking spaces provided, where any are provided at all. f)Subsections a) through e) shall only be required for buildings orportions of buildings that were not existing on the date of passage of this By-law. 5.9 BARRIER-FREE ACCESSIBLE PARKING SPACE PROVISIONS a)Type A barrier-free accessible parking spaces must be a minimum of 3.4 metres in width and a minimum of 5.5 metres in length. b)Type B barrier-free accessible parking spaces must be a minimum of 2.4 metres in width and a minimum of 5.5 metres in length. c)Where one barrier-free accessible parking space is required, it shall be a Type A barrier-free accessible parking space. d)Where an even number of barrier-free accessible parking spaces are required, an equal number of Type A and Type B barrier-free accessible parking spaces shall be provided. e)Wherean odd number of barrier-free accessible parking spaces are required, an equal number of Type A and Type B barrier-free accessible parking spaces shall be provided, where the additional parking space may be a Type B barrier-free accessible parking space. f)Access aisles shall be provided for all barrier-free accessible parking spaces, may be shared between two spaces,and shall meet the following requirements: City of Kitchener Zoning By-law 2019-051 2 - 131 SECTION 5Page 28of 30 i)theaccess aisles shall be a minimum of 1.5 metres in width; ii)theaccess aisle shall extend the full length of the parking space; and, iii)the access aisles shall be marked with high tonal contrast diagonal lines, which discourage parking in them, where the surface is asphalt, concrete or some other dust-free hard surface. g) Barrier-free accessible parking spaces shall be provided in accordance with Table 5-6,rounding up to the nearest whole number. Table 5-6:Regulations for Barrier-Free Accessible Parking Space Requirements Number of Parking Spaces Number of Barrier-free Accessible Parking Required Spaces Required 1-121 of total required parking spaces 13-1004% of total required parking spaces 101-2001, plus 3% of total required parking spaces 201-10002, plus 2% of total required parking spaces 1000 + 11, plus 1% total required parking spaces h) In aUGC zone, Subsection a) though g) shall apply to the number of parking spaces provided, where any are provided at all. i) A maximum of 50 percent of the barrier-free accessible parking spaces for a residential use may also be counted toward the required visitor parking spaces for the same use. j) Despite Subsections c) through i), barrier free accessible parking spaces are not required on a lot with only 4 or fewer dwelling units. 5.10 LOADING SPACE PROVISIONS Where one or more loading spacesare provided, the following shall apply: a) loading space shall not be permitted within 6 metres of a street line; and, b) loading spaces shall not be permitted within 7.5 metres of an abutting residential zoneunless the loading spaces are located entirely within a building. 5.11 STACKING PROVISIONS a) Stacking lanes shall not be located within 3 metres of a street line. b) Stacking lanes for a drive-through facility shall not be located within a front yard or exterior side yard. City of Kitchener Zoning By-law 2019-051 2 - 132 SECTION 5Page 29of 30 c) Despite Subsection b), on a corner lot,stacking lanes for a drive through facility may locate in either a front yard, or exterior side yard, but not both. d) Entrance ways to stacking lanes shall be separated a minimum travelled distance of 16.5 metres from the closest driveway, measured from the centre point of the closest driveway at the lot line along the route travelled to the last required stacking space in the stacking lane. e) Astacking space shall be a minimum of 2.6 metres in width and a minimum of 6.5 metres in length. f) Astacking space shall lead both to and from afueling area, service window, kiosk, or booth in accordance with Table 5-7. Table 5-7:Regulations for Stacking Space Requirements Use Minimum Number of Stacking Spaces Car Wash (automatic) 10 Car Wash (self service) 2 per washing bay Financial Establishment 3 Gas Station 2 per fueling area Restaurant 13 Retail 3 g) Subsections a) through f) shall not apply to existing stacking lanes and existing stacking spaces. 5.12 EQUIPMENT AND VEHICLE STORAGE PROVISIONS 5.12.1 Commercial Vehicles and Equipment Parking or storage of commercial vehicles and equipment onlots within a RES zone shall be located fully within an enclosed building orstructure. 5.12.2 Major Recreational Equipment a) Parking or storage of major recreational equipment onlots within a RES zone shall be located fully within an enclosed building orstructure. b) Despite Subsection a), major recreational equipment may be parked or stored in arear yard, aninterior side yard, or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18 of this By-law. Major recreational equipment that exceeds 1.4 metres in height and is located within an interior side yardshall be located a minimum of 1.2 metres from an interior side lot line. City of Kitchener Zoning By-law 2019-051 2 - 133 SECTION 5Page 30of 30 c)Despite Subsection a), major recreational equipment may be parked or stored on adriveway between May 1 and October 31 provided that such equipment is located outside of a driveway visibility triangle. d)Major recreational equipment shall not be used for living, sleeping, or housekeeping purposes when located on a lot within any zone. e)Despite subsections b) and c) above, snowmobiles or other similar winter-season recreational equipment and portable structures for transporting such equipment shall not be stored or parked on a driveway between May 1st and October 31st, but may be stored or parked on a driveway wholly inside the lot line between November 1st and April 30th provided that such equipment shall not obstruct the visibility of vehicular or pedestrian traffic movement within a street or lane. 5.12.3 Utility Trailers a)On a lot containing a residential use,a utility trailer shall not be parked or stored in afront yard, or exterior side yard, except in a driveway. b)Despite Subsection a), a utility trailer that exceeds 6 metres in length inclusive of projections and attachments shall not be permitted on a lot within a RES zone. c)Utility trailers may be parked or stored in a rear yard, aninterior side yard, or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18of this By-law. 5.12.4 Vehicles with a Snow Plough Blade No more than one motor vehicle with an attached snow plough blade shall be parked or stored on a lot within a RES zone. City of Kitchener Zoning By-law 2019-051 2 - 134 SECTION 6 Page 1of 1 6.1\[RESERVED\] City of Kitchener Zoning By-law 2019-051 2 - 135 SECTION 7 Page 1of 13 SECTION 7Residential Zones (RES) The Residential Zones apply to lands designated Low Rise Residential, Medium Rise Residential and High Rise Residential in the Official Plan. 7.1APPLICABLE ZONES RES-1: Low Rise Residential One Zone the purpose of this zone is to accommodate limited dwelling types in areas with an estate character and/or limited municipal services in low rise areas. RES-2: Low Rise Residential Two Zone the purpose of this zone is to accommodate a limited range of low density dwelling types on larger lots than the RES-3 Zone in low rise areas. RES-3: Low Rise Residential Three Zone the purpose of this zone is to accommodate a limited range of low density dwelling types on smaller lots than the RES-2 Zone in low rise areas. RES-4: Low Rise Residential Four Zone the purpose of this zone is to accommodate a range of low density dwelling types that allow up to four dwelling units on a range of lot sizes in low rise areas. RES-5: Low Rise Residential Five Zone the purpose of this zone is to accommodate the widest range of low density dwelling types on the widest range of lot sizes in low rise areas. RES-6: Medium Rise Residential Six Zone the purpose of this zone is to accommodate medium density dwelling types and some complementary non-residential uses in medium rise residential areas. RES-7: High Rise Residential Seven Zone the purpose of this zone is to accommodate high density dwelling types and a range of complementary non-residential uses in high rise residential areas. 7.2PERMITTED USES No person shall, within any Residential Zone useor permit the useof any lot or erect, alter oruseany building orstructure for any purpose other than those permitted uses within Table 7-1 below. City of Kitchener Zoning By-law 2019-051 2 - 136 SECTION 7 Page 2of 13 Table 7-1: Permitted Uses within the Residential Zones Use RES-1RES-2RES-3RES-4RES-5RES-6RES-7 Residential Uses Single Detached Dwelling Additional Dwelling Units (Attached))(1) Additional Dwelling Units (Detached) (2) Semi-Detached Dwelling Townhouse Dwelling Street (3) (4) Townhouse Dwelling Cluster (4) Multiple Dwelling (3) Lodging House Hospice Residential Care Facility, Small Residential Care Facility, Large Non-Residential Uses (5) Community Facility (5) Convenience Retail (5) Day Care Facility (5) City of Kitchener Zoning By-law 2019-051 2 - 137 SECTION 7 Page 3of 13 Financial Establishment (5) Health Office (5) Home Occupation (6) Office (5) Personal Services (5) Studio (5) (1)Shall be permitted in accordance with 4.12.1. and 4.12.2 (2)Shall be permitted in accordance with 4.12.3. (3)The maximum number of dwelling units in a dwelling shall be 4. (4)The maximum number of dwelling units in a dwelling shall be 8. (5)Permitted non-residential uses must be located within a mixed use building and are limited in size in accordance with the regulations in Table 7-6. (6)Shall be permitted in accordance with 4.8. City of Kitchener Zoning By-law 2019-051 2 - 138 SECTION 7 Page 4of 13 7.3REGULATIONS The regulations for lots in a Residential Zone are set out in Tables 7-2 through 7-7 below. Table 7-2: For Single Detached Dwellings RES-1RES-2RES-3RES-4RES-5 RES-6RES-7 Regulation (5) (5) (5) (5) (5) 22222 Minimum Lot Area 929m(1) 411m288m235m235m Minimum Lot Width 24.0m(2) 13.7m 10.5m 9.0m9.0m Minimum Corner 24.0m(2) 15.0m 13.8m 12.8m 12.8m Lot Width Minimum Front Yard or Exterior 6.0m (3) 4.5m(3) 4.5m(3) 4.5m(3) 4.5m(3) Yard Setback Maximum Front (3a) (3a) (3a) (3a) (3a) Yard Setback Minimum Interior 3.0m1.2m1.2m1.2m1.2m Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m7.5m7.5m Setback Maximum Lot 55%(4) 55%(4) 55%(4) 55%(4) 55%(4) Coverage Maximum Building 11.0m(6) 11.0m(6) 11.0m(6) 11.0m(6) 11.0m(6) Height Maximum number 33333 ofstoreys (1) The minimum lot area shall be 0.4 hectares on lots without full municipal services. (2) The minimum lot width shall be 30.0 metres on lots without full municipal services. (3) For lands identified in Appendix D, despite the minimum front yard required in any zone, the minimum front yard is the established front yard minus one metre. City of Kitchener Zoning By-law 2019-051 2 - 139 SECTION 7Page 5of 13 In all other cases, the minimum front yard shall be in accordance with this Table. Despite the foregoing, no part of any building used to accommodate off street parking shall be located closer than 6.0 metres to the street line. (3a) For lands identified on Appendix D, the maximum front yard shall be the established front yard plus one metre. In all other cases there is no maximum front yard. (4)A combined total of 55 percent for all buildings and structures on the lot. Accessory buildings or structures, whether attached or detached, and additional dwelling units (detached) shall not exceed 15 percent. (5)The regulations within Table 7-2 shall not apply to anexisting single detached dwelling onan existing lot with or without one existing additional dwelling unit (attached). (6)For lands identified on Appendix C Central Neighborhoods, the maximum building height is 9.0metres for newbuildings and additions to existing buildings that would increase the building height by more than 1.0 metres, where the height of the two principal buildings onboth abutting lots is less than 6.5 metres. Where there are vacant lot(s), abutting the affected lot, the height of the two principal buildings on the next adjacent lot with a low-rise residential zone are considered. City of Kitchener Zoning By-law 2019-051 2 - 140 SECTION 7 Page 6of 13 Table 7-3: For Semi-Detached Dwelling Unit RES-3RES-4RES-5 RES-1RES-2RES-6RES-7 Regulation (3) (3) (3) 222 Minimum Lot Area 260m210m210m Minimum Lot Width 9.3 m 7.5m7.5m Minimum Corner 12.0m 12.0m 12.0m Lot Width Minimum Front Yard or Exterior 4.5m (1) 4.5m(1) 4.5m(1) Yard Setback Maximum Front (1a) (1a) (1a) Yard Setback Minimum Interior 1.2m1.2m1.2m Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m Setback Maximum Lot 55%(2) 55%(2) 55%(2) Coverage Maximum Building 11.0m(4) 11.0m(4) 11.0m(4) Height Maximum number 333 ofstoreys (1) For lands identified in Appendix D, despite the minimum front yard required in any zone, the minimum front yard is the established front yard minus one metre. In all other cases the minimum front yard shall be in accordance with this Table. Despite the foregoing, no part of any building used to accommodate off street parking shall be located closer than 6.0 metres to the street line. (1a) For lands identified on Appendix D, the maximum front yard shall be the established front yard plus one metre. In all other cases there is no maximum front yard. (2) A combined total of 55 percent for all buildings andstructures on the lot. Accessory buildings or structures, whether attached or detached, and additional dwelling units (detached) shall not exceed 15 percent. City of Kitchener Zoning By-law 2019-051 2 - 141 SECTION 7 Page 7of 13 (3) The regulations within Table 7-3 shall not apply to anexisting semi-detached dwelling on an existing lot with or without one existing additional dwelling unit (attached). (4) For lands identified onAppendix C Central Neighborhoods, the maximum building height is 9.0 metres for new buildings and additions to existing buildings that would increase the building height by more than 1.0 metres, where the height of the two principal buildings onboth abutting lots is less than 6.5 metres. Where there are vacant lot(s), abutting the affected lot, the height of the two principal buildings on the next adjacent lot with a low-rise residential zone are considered. City of Kitchener Zoning By-law 2019-051 2 - 142 SECTION 7 Page 8of 13 Table 7-4: For Street Townhouse Dwelling Units Regulation RES-1RES-2RES-3RES-4 (4) RES-5 (4) RES-6RES-7 22 Minimum Lot Area 148m135m Minimum Lot Width 6.0m5.5m (Internal Unit) Minimum Lot Width 10.0m 9.5m (External Unit) Minimum Corner Lot 12.0m 11.5m Width Minimum Front Yard or Exterior Yard 4.5m(1) 4.5m(1) Setback Maximum Front (1a) (1a) Yard Setback Minimum Interior 2.5m2.5m Side Yard Setback Minimum Rear Yard 7.5m7.5m Setback Rear Yard Access (2) (2) Maximum Lot 55%(3) 55%(3) Coverage Maximum Building 11.0m(5) 11.0m(5) Height Maximum number 33 ofstoreys (1) For lands identified onAppendix D, despite the minimum front yard required in any zone, the minimum front yard is the established front yard minus one metre. In all other cases the minimum front yard shall be in accordance with this Table. Despite the forgoing, no part of any building used to accommodate off street parking shall be located closer than 6.0 metres to the street line. (1a) For lands identified on Appendix D, the maximum front yard shall be the established front yard plus one metre. In all other cases there is no maximum front yard. City of Kitchener Zoning By-law 2019-051 2 - 143 SECTION 7Page 9of 13 (2)Each dwelling unit shall have an unobstructed access at gradeor ground floor level, having a minimum width of 0.9 metres, from the front yard to the rear yard of the lot either by: a)direct access on the lot without passing through any portion of the dwelling unit; or, b)direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not separated by a door to any such room; or, c)access over adjacent lands which, if the lands are not owned by the City or the Region, is secured by a registered easement. (3)A combined total of 55 percent for all buildings andstructures on the lot. Accessory buildings or structures, whether attached or detached, and additional dwelling units (detached) shall not exceed 15 percent. (4)The regulations within Table 7-4 shall not apply to anexisting street townhouse dwelling onan existing lot with or without one existing additional dwelling unit (attached). (5)For lands identified in an Appendix C Central Neighborhoods, the maximum building height is 9.0metres for new buildings and additions to existing buildings that would increase the building height by more than 1.0 metres, where the height of the two principal buildings onboth abutting lots is less than 6.5 metres. Where there are vacant lot(s), abutting the affected lot, the height of the two principal buildings on the next adjacent lot with a low-rise residential zone are considered. City of Kitchener Zoning By-law 2019-051 2 - 144 SECTION 7 Page 10of 13 Table 7-5: For Cluster Townhouse Dwelling Units Regulation RES-1RES-2RES-3RES-4RES-5 (3) RES-6 (3) RES-7 22 Minimum Lot Area 525m525m Minimum Lot Width 19.0m 19.0m Minimum Front Yard or Exterior 4.5m3.0m Yard Setback Minimum Interior 4.5m4.5m Side Yard Setback Minimum Rear Yard 6.0m4.5m Setback Minimum 20%20% Landscaped Area Minimum Floor 0.6(1) (4) Space Ratio Maximum Floor 0.62.0(1) Space Ratio Minimum Building 7.5m Height Maximum Building 11.0m 25.0m Height Maximum Number 38 ofStoreys Minimum Number of 5 Dwelling Units Private Patio Area (2) (2) (1) Combined total floor space ratio of all uses on the lot. (2) For each dwelling unit located at ground floor level, a private adjacent to the dwelling unit with direct access to such dwelling unit shall be provided. (3) The regulations within Table 7-5 shall not apply to anexisting cluster townhouse dwelling on an existing lot. City of Kitchener Zoning By-law 2019-051 2 - 145 SECTION 7 Page 11of 13 (4) Individual buildings will not be required to achieve the minimum floor space ratio where there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio. City of Kitchener Zoning By-law 2019-051 2 - 146 SECTION 7 Page 12of 13 Table 7-6: For Multiple Dwellings and Non-Residential Uses Regulation RES-1RES-2RES-3RES-4 (6) RES-5 (6) RES-6 (6) RES-7 (6) 22 Minimum Lot Area 495m495m Minimum Lot Width 15.0m 19.0m(1) 30.0m 30.0m Minimum Front Yard or Exterior 4.5m4.5m3.0m3.0m Yard Setback Minimum Interior 3.0m3.0m4.5m4.5m (5) Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m7.5m (5) Setback Minimum 20%20%20%20% Landscaped Area Minimum Floor 0.6 (2) (7) 2.0 (2) (7) Space Ratio Maximum Floor 0.60.62.0 (2) 4.0 (2) Space Ratio Minimum building 11.0 m 14.0 m height Maximum Building 11.0m 11.0m 25.0m (5) Height Maximum number 338 ofstoreys Minimum number of 55 dwelling units Maximum number 4 ofdwelling units Private Patio Area (3) (3) (3) (3) 22 Maximum Gross 600m(4) 600m(4) Floor Area of City of Kitchener Zoning By-law 2019-051 2 - 147 SECTION 7 Page 13of 13 Individual Non- Residential Use (1) A multiple dwelling up to 4dwelling units shall have a minimum lot width of 15.0 metres. (2) Combined total Floor Space Ratio of all uses on the lot. (3) For multiple dwellings with 4 dwelling units or more, each dwelling unit located at ground floor level shall have an exclusive use patio area adjacent to the dwelling unit with direct access to such dwelling unit. (4) The total gross floor area of all non-residential uses shall not exceed 25% of the total gross floor areaon a lot. (5) The maximum building height shall be 25 metres within 15 metres of a lot with a (RES-6) Medium Rise Residential Six Zone. (6) The regulations within Table 7-6 shall not apply to anexisting multiple dwelling on an existing lot. (7) Individual buildings will not be required to achieve the minimum floor space ratio where there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio. Table 7-7: Lodging House, Hospice, Small Residential Care Facility and Large Residential Care Facility Regulation RES-1RES-2RES-3RES-4RES-5RES-6RES-7 Regulations (1) (1) (1) (1) (1) (1) (1) Shall be in accordance with the regulations of the RES Zone and dwelling type in which the lodging house, hospice or small residential care facility is located. A large residential care facility shall be in accordance with the regulations of the RES zone for multiple dwellings. 7.4OUTDOOR STORAGE No outdoor storage shall be permitted in an RES zone. 7.5OTHER APPLICABLE REGULATIONS AND SECTIONS For other applicable regulations and sections see Section 3: Definitions, Section 4: General Regulations and, Section 5: Parking, Loading, and Stacking. City of Kitchener Zoning By-law 2019-051 2 - 148 SECTION 8 Page 1of 5 The Mixed Use zones apply to lands designated Mixed Use in the Official Plan. 8.1APPLICABLE ZONES MIX-1: Mixed Use One the purpose of this zone is to accommodate a variety of uses within mixed use buildings andmixed use developments at a low density and scale in Neighbourhood Nodes and certain other areas that are adjacent to properties zoned for low density residential useslow-rise residential zones. MIX-2: Mixed Use Two the purpose of this zone is to accommodate a variety of uses within mixed use buildings andmixed use developments at a medium density on certain lands within Urban Corridors. MIX-3: Mixed Use Three the purpose of this zone is to accommodate a variety of uses within mixed use buildings and mixed use developments at a medium density within Community Nodes and City Nodes. 8.2PERMITTED USES No person shall, within any MIX zone,use or permit the useof any lot;or erect, alter or useany building orstructure for any purpose other than those permitted uses within Table 8-1 below. Table 8-1: Permitted Uses within the Mixed Use Zones Use MIX-1MIX-2MIX-3 Adult Education School Establishment Brewpub Cluster Townhouse Dwelling (1) Commercial Entertainment Commercial School Community Facility Computer, Electronic,Data Processing, or Server Establishment Craftsperson Shop Cultural Facility Day Care Facility Dwelling Unit (2) Financial Establishment Fitness Centre Health Clinic Hospice City of Kitchener Zoning By-law 2019-051 2 - 149 SECTION 8 Page 2of 5 Hotel Large Residential Care Facility (2)(2) Light Repair Operation Lodging House Multiple Dwelling (1) (1) Office (3)(3)(4) Payday Loan Establishment Personal Services Pet Services Establishment Place of Worship Post-Secondary School Print Shop Research and Development Establishment Restaurant Retail (5)(6)(7) Secondary School (8) Small Residential Care Facility Social Service Establishment Veterinary Services Additional Regulations for Permitted Uses Table 8-1 (1) Acluster townhouse dwelling and a multiple dwelling are only permitted on a lot containing a non-residential use. A cluster townhouse dwelling and a multiple dwelling shall not have a street line façade,except for access. (2) Shall be located within a mixed use building, and except for access, the ground floor shall contain at least one non-residential permitted uselisted in Table 8-1 that abuts the entire length of the street line façade. (3) A total maximum gross floor area of 5,000 square metres is permitted. (4) A total maximum gross floor area of 10,000 square metres is permitted. (5) A maximum gross floor area of 3,500 square metres is permitted for each individual freestanding retail outlet to a total maximum gross floor area of 5,000 square metres. (6) A maximum gross floor area of 2,500 square metres is permitted for each individual freestanding retail outlet to a total maximum gross floor area of 5,000 square metres. Afood store is only permitted within a mixed use development to a maximum gross floor area of 5,000 square metres. (7) A maximum gross floor area of 5,000 square metres is permitted for each freestanding retail outlet.A food store is permitted within a freestanding retail outlet City of Kitchener Zoning By-law 2019-051 2 - 150 SECTION 8 Page 3of 5 or within a mixed use development to a maximum gross floor area of 10,000 square metres. (8) A total maximum gross floor area of 6,000 square metres is permitted. 8.3REGULATIONS The regulations for lots in a MIXzone are set out in Table 8-2 below. Table 8-2: Regulations for Mixed Use Zones Regulation MIX-1(1) MIX-2(1) MIX-3(1) Minimum lot width 15m15m15m Minimum front yard setback 1.5m1.5m1.5m Minimum exterior side yard setback 1.5m1.5m1.5m Minimum rear yard setback 7.5m7.5m7.5m Minimum interior side yard setback 2 m 0 m 4 m Minimum yard setback abutting a 7.5m7.5m7.5m residential zone Minimum ground floor building height 4.5 m 4.5 m 4.5 m for any building with street line façade Minimum building height 7.5 m 11 m 11 m Maximum building height 14 m 25m32 m Maximum number of storeys 4storeys 8storeys 10storeys Minimum number of storeys in the baseof a mid-rise building ortall 3storeys 3storeys building Maximum number of storeys in the baseof a mid-rise building ortall 6storeys 6storeys building Minimum street line stepback for mid- 3 m 3 m rise buildings andtall buildings Minimum stepback for mid-rise buildings andtall buildings where the 3 m 3 m base abuts alow-rise residential zone Minimum floor space ratio 0.6(2) 0.6(2) 0.6(2) Maximum floor space ratio 122 Maximum total retail gross floor area within a multi-unit building, multi-unit 222 7,500m7,500m10,000 m development,mixed-use building, or mixed-use development. Minimum percent of non-residential 20%(2) gross floor area Minimum percent of residential gross 20%(2) floor area Minimum ground floor street line façade width as a percent of the width 50%50%50% of the abutting street line Minimum percent street line façade 50%50%50% openings (3)(4) City of Kitchener Zoning By-law 2019-051 2 - 151 SECTION 8 Page 4of 5 Minimum landscaped area 15%15%15% Additional Regulations for Zone Regulations Table 8-2 (1) The regulations within Table 8-2 shall not apply to existing buildings orstructures. (2) Individual buildings will not be required to achieve the minimum floor space ratio, minimum percent of non-residential gross floor area and minimum percent of residential gross floor area where there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio,minimum percent of non-residential gross floor area and minimum percent of residential gross floor area. (3) Measured between 0.5m and 4.5m above exterior finished gradealong the entire width of the street line façade. Illustration 8-1: Street Line Façade Openings Measurement (4) The maximum distance between street line façade openings and between exterior walls and street line façade openings shall be 8 metres. City of Kitchener Zoning By-law 2019-051 2 - 152 SECTION 8 Page 5of 5 8.4VISUAL BARRIER Where a lot zoned MIX abuts a residential zone and new gross floor area is added to the lot, a visual barrier shall be provided along the abutting lot line inaccordance with Section 4.18of this By-law. 8.5OUTDOOR STORAGE No outdoor storage shall be permitted in any yard abutting a street, or within 7.5 metres of a residential zone. This shall not however prevent the display of goods or materials for retail purposes. 8.6LOCATION OF PARKING SPACES AND LOADING SPACES New parking spaces and/or loading spaces shall not locate in ayardabutting a street. City of Kitchener Zoning By-law 2019-051 2 - 153 SECTION 9 Page 1of 4 The Commercial zones apply to lands designated Commercial and Commercial Campus in the Official Plan as well as certain lands designated Residential. 9.1APPLICABLE ZONES COM-1: Local Commercial the purpose of this zone is to accommodate complementary commercial uses within residential neighbourhoods in Community Areas. COM-2:General Commercial the purpose of this zone is to accommodate retail and commercial uses within COM-3: Arterial Commercial the purpose of this zone is to accommodate the retailing of bulky, space intensive goods;and service commercial uses predominately serving the travelling public within Arterial Corridors. COM-4: Commercial Campus the purpose of this zone is to accommodate a range of retail and commercial uses functioning as a unit within comprehensively planned campuses within City Nodes. 9.2PERMITTED USES No person shall, within any COM zone,use or permit the useof any lot;or erect, alter or useany building orstructure for any purpose other than those permitted uses within Table 9-1below. Table 9-1: Permitted Uses within the Commercial Zones Use COM-1COM-2COM-3COM-4 Amusement Park (1) (1) (1) (2) Automotive Detailing and Repair Operation (2) Brewpub Car Wash (2) Catering Service Establishment Commercial Entertainment Commercial Parking Facility Commercial School Computer, Electronic,Data Processing, or Server (2) Establishment City of Kitchener Zoning By-law 2019-051 2 - 154 SECTION 9 Page 2of 4 Use COM-1COM-2COM-3COM-4 Conference, Convention, or Exhibition Facility Convenience Retail (2) Craftsperson Shop (2) (2) Day Care Facility Drive-Through Facility (3) (3)(4) Dwelling Unit Financial Establishment (2) (2) Fitness Centre Funeral Home (2) Gas Station Health Clinic (2) (5) Heavy Repair Operation Hotel Large Merchandise Retail Light Repair Operation (5) (6) Manufacturing Office (2) (7) (7) (7) Pawn Establishment Payday Loan Establishment Personal Services (2) Pet Services Establishment Place of Worship (8)(8) Print Shop Propane Retail Outlet (2) Research and Development (2) Establishment Restaurant (2)(9) Retail (10) Retail of Motor Vehicles and Major Recreational Equipment Towing Compound Tradesper Establishment Transportation Depot (11) Veterinary Services Warehouse (5)(11)(11)(12) City of Kitchener Zoning By-law 2019-051 2 - 155 SECTION 9 Page 3of 4 Additional Regulations for Permitted Uses Table 9-1 (1) Shall not be permitted on a lot abutting a residential zone. (2) A maximum gross floor area of 300square metres per unit is permitted. (3) Shall be located within a mixed use building containing at least one other permitted uselisted in Table 9-1, and except for access, shall notbe located on the ground floor. (4) The maximum floor space ratio for dwelling units shall be 2. (5) Despite Section 4.2, retail uses are permitted as accessory usesand shall be located on the same premises as the principal useto a maximum of 25 percent of the gross floor area of the building. (6) Only existing manufacturing shall be permitted. (7) A total maximum gross floor area of 10,000 square metres of office is permitted on a lot. (8) Shall be located in a lot containing at least one other non-residential use that is not subject to this provision. (9) Shall be located in a multi-unit building ormixed use building containing at least one other non-residential use that is not subject to this provision. (10) Individual retail outlets shall have a minimum gross floor area of 1,500 square metres. (11) Shall not include a noxious use and shall not include manufacturing as principal use. (12) Shall be located within an existing building. 9.3REGULATIONS The regulations for lots in a COM zone are set out in Table 9-2below. Table 9-2: Commercial Zones Regulations Regulation COM-1(1) COM-2(1) COM-3(1) COM-4(1) Minimum lotwidth 15m15 m 15 m 30m Minimum front yardsetback 3m3m6m6m Minimum exterior side yard 3m3m6m6m setback Minimum interior side yard setbackabutting a residential 1.5 m 7.5m7.5m7.5m zone City of Kitchener Zoning By-law 2019-051 2 - 156 SECTION 9 Page 4of 4 Regulation COM-1(1) COM-2(1) COM-3(1) COM-4(1) Minimum interior side yard setback abutting a lot with a zone other 1.5 m 3m3m3m than a residential zone Minimum rear yard setback 7.5m7.5m7.5m7.5m Minimum rear yard or side yard setbackfor a non-residential use 1.5m1.5m1.5m1.5m abutting a rail right-of-way or a hydro corridor Maximum building height 11m15m(2) Maximum floor space ratio 0.6 Minimum landscaped area 15%20%20%20% Maximum total retail (including large merchandise retail) gross 2222 floor area within amulti-unit 10,000 m10,000 m10,000 m42,000 m building,multi-unit development ormixed-usebuilding Additional Regulations for Zone Regulation Table 9-2 (1) The regulations within Table 9-2 shall not apply to existing buildings orstructures. (2) The maximum building height shall be 25 metres for a mixed-usebuilding. 9.4VISUAL BARRIER Where a lot zoned COM abuts a residential zone andnewgross floor area is added to the lot, a visual barrier shall be provided along the abutting lot line in accordance with Section 4.18of this By-law. 9.5OUTDOOR STORAGE No outdoor storage shall be permitted in any yard abutting a street, or within 7.5 metres of a residential zone.This shall not however prevent the display of goods or materials for retail purposes. City of Kitchener Zoning By-law 2019-051 2 - 157 SECTION 10 Page 1of 5 The Employment zones apply to lands designated General Industrial Employment, Heavy Industrial Employment,and Business Park Employment in the Official Plan 10.1 APPLICABLE ZONES EMP-1: Neighbourhood Industrial Employment the purpose of this zone is to accommodate a limited range of industrial uses on lands located within neighbourhoods and/or Major Transit Station Areas. EMP-2: General Industrial Employment the purpose of this zone is to accommodate a broad range of industrial uses that are not noxious uses. EMP-3: Heavy Industrial Employment the purpose of this zone is to accommodate industrial uses, including noxious uses, on lands that are separated from sensitive land uses. This zone also accommodates uses that require larger tracts of land for large buildings, materials,and/or products. EMP-4: Service Business Park Employment the purpose of this zone is to accommodate industrial uses and limited complimentary uses that support adjacent employment lands. EMP-4zoned lands are located within 450 metres of existing or planned transit corridors. EMP-5: General Business Park Employment the purpose of this zone is to accommodate a limited range of industrial employment uses on lands that are generally located adjacent to EMP-2 and EMP-3 lands to provide a transition from noxious uses. 10.2 PERMITTED USES No person shall, within any EMP zone,useor permit the useof any lot;or erect, alter or useany building orstructure for any purpose other than those permitted uses within Table 10-1 below. Table 10-1: Permitted Uses within the Employment Zones Use EMP-1EMP-2EMP-3EMP-4EMP-5 Adult Sex Film Theatre (1) Automotive Detailing and Repair Operation (2) Biotechnological Establishment Building Material and Decorating Supply Establishment Bulk Fuel and Oil Storage Establishment Car Wash (3) City of Kitchener Zoning By-law 2019-051 2 - 158 SECTION 10 Page 2of 5 Use EMP-1EMP-2EMP-3EMP-4EMP-5 Catering Service Establishment Commercial Driver and Training Establishment Commercial Vehicle Wash Facility Computer, Electronic,Data Processing, or Server Establishment Craftsperson Shop Crematorium (4) Day Care Facility (5)(5)(3)(3) Drive-Through Facility Existing Residential Uses Financial Establishment (3) Fitness Centre (5)(5)(3)(3) Garden Centre, Nursery, and/or Landscaping Supply Gas Station Health Clinic (3) Heavy Repair Operation (2) (6)(9) (6)(6) Indoor Recycling Operation Industrial Administrative Office Major Equipment Supply and Service Manufacturing (2) (6)(7)(7)(7) (6)(7)(9) Office (8) Outdoor Recycling Operation Personal Services (3) Pet Boarding (3) Pet Services Establishment (3) Print Shop (3) Printing or Publishing Establishment Propane Facility Propane Retail Outlet Research and Development Establishment Restaurant (5)(5)(3)(3) Restoration, Janitorial,or (6) Security Services Salvage or Scrap Yard City of Kitchener Zoning By-law 2019-051 2 - 159 SECTION 10 Page 3of 5 Use EMP-1EMP-2EMP-3EMP-4EMP-5 Towing Compound (9) Tradesperson or (6)(6)(6) Contractor's Establishment Truck Transport Terminal (6)(7)(6)(7)(7) Veterinary Services (3) Warehouse(6)(7)(6)(7)(7)(7) Additional Regulations for Permitted Uses Table 10-1 (1)No building shall be used for an Adult Sex Film Theatre on a lot that is situated within 300 metres of a day care facility;elementary, secondary or post-secondary schools (including offices of the Waterloo Region District School Board);place of worship; offices of the Family and Children Services of Waterloo Region;alot zoned to permit aresidential use;or another lot on which an Adult Sex Film Theatre is located. Such distance is to be measured from the closest points of the lot lines associated with each lot. (2)Despite Section 4.2, retail uses are permitted as accessory usesand shall be located on the same premises as the principal use to a maximum of 25 percent of the gross floor area of the building. (3)Shall be located within a multi-unit building containing at least one permitted uselisted in Table 10-1 not subject to this provision. Individual units shall not exceed 1,500 square metres of gross floor area. (4)Shall not be located within 250 metres of aresidential use, a day care facility, elementary school, secondary school or a post-secondary school oralot zoned to permit aresidential use, a day care facility, elementary school, secondary school ora post-secondary school. (5)Shall be permitted as an accessory use to at least one permitted use listed in Table 10-1 not subject to this regulation and shall be located within a multi-unit building containing. Individual units shall not exceed 1,500 square metres of gross floor area. (6)Despite Section 4.2, industrial administrative office uses are permitted as an accessory useand shall be located on the same premises as the principal use to a maximum of 25 percent of the gross floor area of the building. (7)Shall not include a noxious use. (8)Atotal maximum gross floor area of10,000 square metres of office is permitted ona lot. City of Kitchener Zoning By-law 2019-051 2 - 160 SECTION 10 Page 4of 5 (9) Shall not be located within 14 metres of a residential zone for a building constructed with openings or7.5 metres of a residential zone for a building constructed without openings. 10.3 REGULATIONS The regulations for lots in an EMP zone are set out in Table 10-2below. Table 10-2: Regulations for Employment Zones Regulation EMP-1(1) EMP-2(1) EMP-3(1) EMP-4(1) EMP-5(1) 22 Minimum lotarea 2,000m2,000m Minimum lotwidth 12m12m12m25m25m Minimum front yard 6m6m6m6m6m setback Minimum interior 1.5m1.5m1.5m1.5m1.5m side yardsetback Minimum exterior 6m6m6m6m6m side yardsetback Minimum rear yard 7.5m7.5m7.5m7.5m7.5m setback Minimum rear yard orside yard setbackabutting a 1.5m1.5m1.5m1.5m1.5m rail right-of-way or ahydro corridor Minimum setback abutting a residential zone for 7.5m7.5m7.5m7.5m abuilding constructed without openings Minimum setback abutting a residential zone for 14m14m14m14m abuilding constructed with openings Maximum building height for a building located less than 14 m11m11m11m11m11m from a yard abutting a residential zone City of Kitchener Zoning By-law 2019-051 2 - 161 SECTION 10 Page 5of 5 (1) The regulations within Table 10-2 shall not apply to existing buildings orstructures. 10.4 VISUAL BARRIER Where a lot zoned EMP abuts a residential zone andnew gross floor area is added to the lot, a visual barrier shall be provided along the abutting lot line inaccordance with Section 4.18of this By-law. 10.5 OUTDOOR STORAGE No outdoor storage shall be permitted in anyyard abutting a street, or within 7.5 metres of a residential zone.This shall not however prevent the display of goods or materials for retail purposes. 10.6 LOCATION OF PARKING SPACES AND LOADING SPACES New parking spaces shall not locate within 7.5 metres of a residential zone. City of Kitchener Zoning By-law 2019-051 2 - 162 SECTION 11 Page 1of 2 The Institutional zones apply to lands designated Institutional in the Official Plan. 11.1 APPLICABLE ZONES INS-1:Neighbourhood Institutional the purpose of this zone is to accommodate institutional uses intended to serve surrounding residential communities. INS-2: Major Institutional the purpose of this zone is to accommodate all types and intensities of institutional uses primarily intended to serve at city or regional scale. 11.2 PERMITTED USES No person shall, within any INS zone,useor permit the useof any lot;or erect, alter or useany building orstructure for any purpose other than those permitted uses within Table 11-1 below. Table 11-1:Permitted Uses within the Institutional Zones Use INS-1(1) INS-2(1) Adult Education School Cemetery Community Facility Continuing Care Community Cultural Facility (2) Day Care Facility Elementary School Funeral Home Health Clinic Hospice Hospital Large Residential Care Facility Place of Worship Post-Secondary School Secondary School (2) Small Residential Care Facility Social Service Establishment Additional Regulations for Permitted Uses Table 11-1 (1) Despite Section 4.2, accessory convenience retail,office,financial establishment, restaurant, and personal services shall be located in the same building as the principal use. City of Kitchener Zoning By-law 2019-051 2 - 163 SECTION 11 Page 2of 2 (2) The maximum gross floor area shall be 6,000 square metres. 11.3 REGULATIONS The regulations for lots in an INS zone are set out in Table 11-2 below. Table 11-2: Regulations for Institutional Zones Regulation INS-1(1) INS-2(1) Minimum lotwidth 15m15m Minimum front yardsetback and minimum 6m4.5m exterior side yard setback Minimum interior side yard setback 3m3m Minimum rear yard setback 7.5m7.5m Minimum yardsetback abutting a lot zoned for a low density residential usewith a low 7.5m7.5m rise residential zone Maximum building height 14m(2) Maximum floor space ratio 1 (3) Minimum landscaped area 20%30% Additional Regulations for Zone Regulations Table 11-2 (1) The regulations within Table 11-2 shall not apply to existing buildings orstructures. (2) Abase shall be required for buildings greater than 14 metres in height. The maximum base height shall be 14 metres. Portions of a building located above the base of the building shall have a minimum street line stepback of 3 metres and a minimum stepback of 3 metres where the base abuts alow-rise residential zone. (3) The maximum floor space ratio for a large residential carefacility or a continuing care community shall be 2. 11.4 VISUAL BARRIER Where a lot zoned INS abuts a residential zone and new gross floor area is added to the lot, a visual barrier shall be provided along the abutting lot line in accordance with Section 4.18of this By-law. 11.5 OUTDOOR STORAGE No outdoor storage shall be permitted in an INS zone. City of Kitchener Zoning By-law 2019-051 2 - 164 SECTION 12 Page 1of 2 The Agriculture zones apply to lands designated Prime Agriculture in the Official Plan. 12.1 APPLICABLE ZONES AGR-1: Prime Agriculture the purpose of this zone is to protect the land base for agriculture, and support a thriving agricultural industry and rural economy. 12.2 PERMITTED USES Noperson shall, within any AGR zone,use or permit the useof any lot or erect, alter or useany building orstructure for any purpose other than those permitted uses within Table 12-1 below. Table 12-1: Permitted Uses within the Agriculture Zones Use AGR-1 Agriculture Agriculture-Related (1) Existing Dwelling On-Farm Diversified Use (1)(2) Second Dwelling Unit (Attached) (2) Single Detached Dwelling (2) Additional Regulations for Permitted Uses Table 12-1 (1) The total area of land occupied by the use shall not exceed 2 percent of the total lot area. (2) Shall be permitted as an accessory use to aprincipal agriculture use on a lot. 12.3 REGULATIONS The regulations for lots in an AGRzone are set out in Table 12-2 below. Table 12-2:Regulations for Agriculture Zones Regulation AGR-1 Minimum Lot Area (1) 40 hectares Minimum Lot Width (2) 300m Minimum Front Yard 10m Minimum Side Yard 10m Minimum Rear Yard 10m Additional Regulations for Zone Regulations Table 12-2 (1) Forexisting lots with a lot area of less than 40 hectares, the minimum lot area shall be the existing lot area. City of Kitchener Zoning By-law 2019-051 2 - 165 SECTION 12 Page 2of 2 (2)For existing lots with a lot width of less than 300 metres, the minimum lot width shall be the existing lot width. City of Kitchener Zoning By-law 2019-051 2 - 166 SECTION 13 Page 1of 1 The Natural Heritage Conservation zone applies to lands designated Natural Heritage Conservation in the Official Plan and is comprised of lands located within the natural heritage system and natural hazardous lands, being floodplain andfloodway. 13.1 APPLICABLE ZONES NHC-1: Natural Heritage Conservation the purpose of this zone is to protect and/or conserve natural heritage features and their ecological functions. Further, it is intended to prevent the aggravation of existing natural hazards and/or the creation of new ones. 13.2 PERMITTED USES No person shall, within any NHCzone,useor permit the useof any lot or erect, alter or useany building orstructure for any purpose other than those permitted uses within Table 13-1 below. Table 13-1: Permitted Uses within the Natural Heritage Conservation Zone Use NHC-1 Existing Agriculture Natural Heritage Conservation City of Kitchener Zoning By-law 2019-051 2 - 167 SECTION 14 Page 1of 2 The Existing Use Floodplain zone applies to lands designated Natural Heritage Conservation in the Official Plan that are located within the floodway or floodplain where there is existing development subject to flooding hazards.All lands with the Existing Use Floodplain zone are subject to the flooding hazard provisions of 17.2.1. 14.1 APPLICABLE ZONES EUF-1: Existing Use Floodplain the purpose of this zone is to recognize existing uses within a floodway or floodplain. 14.2 PERMITTED USES No person shall, within any EUFzone,use or permit the useof any lot;or erect, alter or useany building orstructure for any purpose other than those permitted uses within Table 14-1 below. Table 14-1: Permitted Uses within the Existing Use Floodplain Zones Use EUF-1 Existing uses The same type of useas the existing use Adwelling with the same or fewer dwelling units than that existing on, and continually used since the effective date of this By-law in a dwelling that was existing on the effective date of this By-law 14.3 REGULATIONS The regulations for lots in an EUFzone are set out in Table 14-2 below. Table 14-2: Regulations for Existing Use Floodplain Zones For All Uses Regulation EUF-1 Minimum lotwidth Existing lot width For Additions and Alterations to or Replacement of Existing Buildings Regulation EUF-1 25% of existing ground floor building Maximum additional building floor area floor area Minimum front yardsetback 4.5m Minimum exterior side yard setback 4.5m Minimum interior side yard setback for a 1.2m building less than 9 m in height. Minimum interior side yard setback for a building between 9 m and 10.5 m in height. 2.5m City of Kitchener Zoning By-law 2019-051 2 - 168 SECTION 14 Page 2of 2 Regulation EUF-1 Minimum interior side yard setback for a 6m building exceeding 10.5 m in height. Minimum rear yardsetback 7.5m 14.4 UNDERGROUND PARKING FACILITIES Parking spaces, loading spaces, or drive aislesshall not be located underground. City of Kitchener Zoning By-law 2019-051 2 - 169 SECTION 15 Page 1of 2 TheOpen Space and Recreation zone predominantly applies to lands designated Open Space in the Official Plan, but may be applied to lands within any land use designation in the Official Plan. 15.1 APPLICABLE ZONES OSR-1: Recreation the purpose of this zoneis to provide lands for parks and public recreational uses and facilities. OSR-2: Open Space: Greenways the primary purpose of this zone is for green space and buffers as part of a comprehensive and connected open space system. OSR-2lands may becomprisedof lands not used for park or activerecreational purposes but which form part of the overall open space system. OSR-3: Open Space: Stormwater Management the purpose of this zone is for lands to beused primarily for stormwater management facilities. 15.2 PERMITTED USES No person shall, within any OSR zone,useor permit the useof any lot;or erect, alter or useany building orstructure for any purpose other than those permitted uses within Table 15-1 below. Table 15-1: Permitted Uses within the Open Space and Recreation Zone Use OSR-1OSR-2OSR-3 Cemetery Community Facility Outdoor Active Recreation Outdoor Passive Recreation Stormwater Management Facility 15.3 REGULATIONS The regulations for lots in a OSR zonesare set out in Table 15-2 below. Table 15-2:Open Space and Recreation Zone Regulations Regulation OSR-1OSR-2OSR-3 Minimum front yardsetback 6m7.5 m 7.5 m Minimum interior side yard 6m7.5 m 7.5 m setback Minimum exterior side yard 6m7.5 m 7.5 m setback City of Kitchener Zoning By-law 2019-051 2 - 170 SECTION 15 Page 2of 2 Regulation OSR-1OSR-2OSR-3 7.5 m or one- half the building Minimum rear yard setback height,7.5 m 7.5 m whichever is greater. Minimum setback of any principal building from a6m7.5 m 7.5 m residential zone City of Kitchener Zoning By-law 2019-051 2 - 171 SECTION 16 Page 1of 1 The Major Infrastructure and Utility zone applies to lands designated Major Infrastructure and Utility in the Official Plan. 16.1 APPLICABLE ZONES MIU-1: Major Infrastructure and Utility the purpose of this zone is to provide for large scale infrastructure and utilities for public uses. 16.2 PERMITTED USES No person shall, within any MIU zone,useor permit the useof any lot or erect, alter or useany building orstructure for any purpose other than those permitted uses within Table 16-1 below. Table 16-1: Permitted Uses within the Major Infrastructure and Utility Zones Use MIU-1 Electrical Transformer Station Public Works Yard Transportation Facility Waste Management Facility Water and Wastewater Treatment Facility 16.3 REGULATIONS The regulations for lots in a MIU zone are set out in Table 16-2 below. Table 16-2:Major Infrastructure and Utility Zone Regulations Regulation MIU-1 Minimum front yardsetback 7.5 m Minimum exterior side yard setback 6 m Minimum interior side yard setback 6m Minimum rear yard setback 7.5 m Minimum front yard,side yard,and rear yardsetback abutting a 15 m residential zone 16.4 VISUAL BARRIER Where a lot zoned MIU abuts a residential zone,a visual barrier shall be provided along the abutting lot line in accordance with Section 4.18 herein. 16.5 OUTDOOR STORAGE No outdoor storage shall be permitted in any yard abutting a street, or within 7.5 metres of a residential zone. City of Kitchener Zoning By-law 2019-051 2 - 172 SECTION 17Page 1of 3 Overlays modify other provisions of this By-law for specific lots. All other provisions of this By-law shall continue to apply. In the event of a conflict between the overlay and any other section of this By-law, the overlay will supersede only to the extent of the conflict. 17.1 APPLICABLE OVERLAYS Flooding Hazard -the purpose of this overlay is to identify lands that are susceptible to flooding hazards and prevent injury or the loss of life,minimize property damage and social disruption, and the aggravation of existing hazards and the creation of new ones. Slope Erosion Hazard -the purpose of this overlay is to identify lands that are susceptible to slope erosion hazards and prevent injury or the loss of life,minimize property damage and social disruption, and the aggravation of existing hazards and the creation of new ones. Significant Wildlife Habitat and Significant Landforms -the purpose of this overlay is to identify lands within Significant Wildlife Habitat and Significant Landforms that aresubject to an Environmental Impact Study or other appropriate study prior to development, redevelopment, or site alteration. Ecological Restoration Areas -the purpose of this overlay is to identify lands within Ecological Restoration Areas that are subject to an Environmental Impact Study or other appropriate study prior to development, redevelopment, or site alteration. 17.2 REGULATIONS 17.2.1 Flooding Hazard a) Despite anything else in this By-law, the following uses shall not be permitted to locate within lands shown as affected by the Flooding Hazard Overlay: i) aninstitutional use which shall include ahospital,elementary school, secondary school,day care facility, small residential care facility,andlarge residential care facility: ii) anessential emergency service such as that provided by fire, police, and ambulance stations;and electrical substations; iii) ausewith outdoor storage of any materials, either temporary or permanent; or, iv) ausewith the disposal, manufacturing, treatment, or storage of hazardous chemicals and/or substances. City of Kitchener Zoning By-law 2019-051 2 - 173 SECTION 17Page 2of 3 b) Despite anything else in this By-law, within lands shown as affected by the Flooding Hazard Overlay, prior to the development of any land, interference with wetlands,or alterations to shorelines or watercourses in accordance with the underlying zone, a permit shall be obtained from the Grand River Conservation Authority, where required by said Authority, in accordance with the applicable regulation approved under the Conservation Authorities Act. c) Despite anything else in this By-law, within lands shown as affected by the Flooding Hazard Overlay, prior to newdevelopment, expansions, or alterations in accordance with the underlying zone,floodproofing standards and/or protection worksstandards shall be implemented. 17.2.2 Slope Erosion Hazard a) Despite anything else in this By-law, the following uses shall not be permitted to locate within lands shown as affected by the Slope Erosion Hazard Overlay: i) aninstitutional use which shall include ahospital,elementary school, secondary school,day care facility, small residential care facility,andlarge residential care facility: ii) anessential emergency service such as that provided by fire, police, and ambulance stations;and electrical substations; iii) ausewith outdoor storage of any materials, either temporary or permanent; or, iv) ausewith the disposal, manufacturing, treatment, or storage of hazardous chemicals and/or substances. b) Despite anything else in this By-law, within lands shown as affected by the Slope Erosion Hazard Overlay, prior to development, redevelopment,orsite alteration in accordance with the underlying zone, the following must be demonstrated and achieved: i) the effects and risk to public safety are minor and can be mitigated in accordance with the Prstandards; ii) development, redevelopment,orsite alteration is carried out in accordance with Protection Works Standards, and access standards; iii) vehicles and persons have a way of safely entering and exiting the area during the times of erosion and other emergencies; iv) new hazards are not created and existing hazards are not aggravated; v) no adverse environmental impacts will result; and, City of Kitchener Zoning By-law 2019-051 2 - 174 SECTION 17Page 3of 3 vi) apermit shall be obtained from the Grand River Conservation Authority, where required by said Authority, in accordance with the applicable regulation approved under the Conservation Authorities Act. c) Despite anything else in this By-law, within lands shown as affected by the Slope Erosion Hazard Overlay, prior to any development or site alteration associated with existinguses within the limits of a slope erosion hazard, it must be demonstrated through a site-specific geotechnical or engineering assessment that: i) there is no feasible alternative location outside of the slope erosion hazard; ii) any proposed building orstructureis located in the area of least risk; iii) there is no impact on existing or future slope stability and bank stabilization or erosion protection works are not required; iv) access for maintenance or emergency purposes is not prevented; and, v) where unavoidable, impacts on natural heritage features or ecological functions are minimized,and appropriate mitigative and remedial measures will adequately enhance or restore features and functions. 17.2.3 Significant Wildlife Habitat and Significant Landforms Despite anything else in this By-law, within lands shown as affected by the Significant Wildlife Habitat and Significant Landforms overlay, any development, redevelopment, or site alteration in accordance with the underlying zone will be subject to an Environmental Impact Study or other appropriate study. 17.2.4 Ecological Restoration Areas Any development, redevelopment or site alteration in accordance with the underlying zone will be subject to an Environmental Impact Study or other appropriate study. City of Kitchener Zoning By-law 2019-051 2 - 175 SECTION 18Page 1of 2 18.1 GENERAL TRANSITION MATTERS Subject to Section 1.4 and except as provided in Sections 18.2and18.3, the provisions of this By-law will otherwise apply. 18.2 COMPLETE APPLICATION TRANSITION MATTERS a)For the purposes of this Section: i) particulars and information to allow it to be processed and approved. An application that is incomplete becomes a complete application on the date that the required particulars and information are provided to the City. ii)complied with the provisions of By-law Number 85-1 a.the land, building, or structure fully complies with the provisions of By-Law Number 85-1 as it existed immediately before the effective date of this By-law; or, b.the land, building, or structure fully complies with a minor variance from the provisions of By-law Number 85-1 which was approved on or after January 1, 2017. iii)By-which the lands to which the provisions of section 18 apply, were included on A through the initial passing of this By-law, or by amendment. b)Despite Sections 1.7 and 1.8, nothing in this By-law applies to prevent the issuance of any building permit where: i)acomplete application for such building permit was made on or before the effective date of this By-law and said complete application complied with the provisions of By-law Number 85-1; or, ii)acomplete application for such building permit was made after the effective date of this By-law and is in respect of alot to which Subsections c), d)or e)apply and the said complete application complied with the provisions of By-law Number 85-1; c)Despite Sections 1.7 and 1.8, nothing in the By-law applies to prevent the issuance of any: City of Kitchener Zoning By-law 2019-051 2 - 176 SECTION 18Page 2of 2 i) site plan control approval where a complete application for such site plan control approval was made on or before the effective date of this By-law and the said complete application complied with the provisions of By-law 85-1. ii) approval of a minor modification, as determined by the Director of Planning or designate,to an approved site plan which was approved on or after January 1, 2017 where a complete application for such modification was made after the effective date of this By-law and the said complete application complied with the provisions of By-law 85-1. d) Despite Sections 1.7 and 1.8, nothing in the By-law applies to prevent the issuance ofthe final approval of a plan of subdivision where draft approval for such plan of subdivision was finally granted. e) Despite Sections 1.7 and 1.8, nothing in the By-law applies to prevent the issuance of the final approval of a plan of condominium where: i) draft approval for such plan of condominium was finally granted; or, ii) A complete application for plan of condominium was made after the effective date of this By-law and is in respect of alot to which Subsection b)applies andthe said complete application complied with the provisions ofBy-law Number 85-1; 18.3 TRANSITION SUNSET CLAUSE Sections 18.1 to 18.3 are automatically repealed on the third anniversary of the effective date of this By-law, and the provisions of Section 34(9) of the Planning Act shall thereafter apply in respect of any buildings,structures, or uses established or erected pursuant to any such complete application. City of Kitchener Zoning By-law 2019-051 2 - 177 SECTION 19 Site Specific Provisions Page 1 19.1 SITE SPECIFIC PROVISIONS Site specific provisions modify other provisions of this By-law for specific lots. All other provisions of this By-law shall continue to apply. In the event of a conflict between a site specific provision and any other Section of this By-law, the site specific provision will supersede only to the extent of the conflict. City of Kitchener Zoning By-law 2019-051 2 - 178 SECTION 19 Site Specific Provisions (73) (73) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 144, 145, 215, 216, 243, 244, 259, 260, 279, 280, 281, 282, 286, 287, 288, 296, and 297 of Appendix A, a golf course shall also be permitted and no building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property with a low-rise residential zone (73) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 144, 145, 215, 216, 243, 244, 259, 260, 279, 280, 281, 282, 286, 287, 288, 296, and 297 of Appendix A, a golf course shall also be permitted and no building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property zoned for a low density residential use. City of Kitchener Zoning By-law 2019-051 2 - 179 SECTION 19 Site Specific Provisions(80) (80) Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid Schedule 15, 16, 37, 38, 144, 145, 172, 280, 243, 244, 259, 279, 281, 282, 286, 287 and 288 of Appendix A, the following shall apply: a) The following uses are also permitted: i)Golf course ii)Curling Rink or Arena (1) iii)Swimming Facility (1) iv) Tennis Facility (1) b) No building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property zoned for a low density residential use. (1) Shall be subordinate to and located on the same premises as a golf course. (80) Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid Schedule 15, 16, 37, 38, 144, 145, 172, 280, 243, 244, 259, 279, 281, 282, 286, 287 and 288 of Appendix A, the following shall apply: a) The following uses are also permitted: a.Golf course b.Curling Rink or Arena (1) c.Swimming Facility (1) d.Tennis Facility (1) b) No building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property with a low rise residential zone. (1) Shall be subordinate to and located on the same premises as a golf course. City of Kitchener Zoning By-law 2019-051 2 - 180 SECTION 19 Site Specific Provisions (159) (159) -Within the lands zoned RES-3, RES-4 and RES-5 and shown as affected by this provision in Appendix A, an attached private garage or detached private garage shall be located 5.5 metres behind the front façade of the principal building. City of Kitchener Zoning By-law 2019-051 2 - 181 SECTION 19 Site Specific Provisions (160) (160) -Within the lands zoned RES-3, RES-4 and RES-5 and shown as affected by this provision in Appendix A, a new single detached dwelling or new semi-detached dwelling shall include a porch on at least one street line façade and in accordance with Subsection 4.14.7. City of Kitchener Zoning By-law 2019-051 2 - 182 SECTION 20 Holding Provisions Page1 SECTION 20 Holding Provisions 20.1HOLDING PROVISIONS No person shall use or permit the land to be used to which the hold applies for the uses specified in the appropriate clause in the holding provision, erect a newbuilding or structure,or expand or replace an existing building orstructure until the holding provision is removed in accordance with Section 36 of the Planning Act. City of Kitchener Zoning By-law 2019-051 2 - 183 SECTION 21 Temporary Use Provisions Page 1 21.1 TEMPORARY USE PROVISIONS Temporary use provisions modify other provisions of this By-law for specific lots. All other provisions of this By-law shall continue to apply. In the event of a conflict between the temporary use provision and the provisions of the underlying zones, the temporary use provision will supersede only to the extent of the conflict. City of Kitchener Zoning By-law 2019-051 2 - 184 Appendix A Zoning Grid Schedules Appendix A Zoning Grid Schedules City of Kitchener Zoning By-law 2019-051 2 - 185 Appendix A Zoning Grid Schedules \[NoZoning Grid Schedules included in Stage 2a) City of Kitchener Zoning By-law 2019-051 2 - 186 Appendix B Grand River Conservation Authority Regulated Area Appendix B Grand River Conservation Authority Regulated Area City of Kitchener Zoning By-law 2019-051 2 - 187 AppendixB CityofKitchener GrandRiverConservationAuthorityRegulatedArea GRCARegulationLimits Development,interferencewithwetlands,oralterationstoshorelinesorwatercourseswithintheGrand RiverConservationAuthorityregulatedareaswillrequireapermitfromtheGrandRiverConservation AuthorityinaccordancewiththeapplicableregulationapprovedundertheConservationAuthoritiesAct. Theactualregulatedareamaydifferfromtheareashown,whichisshownforillustrativepurposes andtheregulatedarea,asdeterminedbytheGrandRiverConservationAuthority,shallprevail. METRICSCALE 1:80,000 0 500 1,000 2,000 2 - 188 March19,2019 Meters Appendix CCentral Neighbourhoods 2 - 189 Appendix C: Central Neighbourhood Area R T Central Neighbourhood Area METRIC SCALE 1:78,000 0500 1,000 2,000 2 - 190 Meters ´ Appendix D Appendix D City of Kitchener Zoning By-law 2019-051 2 - 191 Appendix D: Established Neighbourhood Area D R E L A D G N I M O O R R RE T D G I E V N A T Y S E L A I R IR H O S T C I V L V D G r a n d R K i v I e N r GT S S T K W C I R T S E W D O E G SR N A F L G T S A W A T T O E S T S D R R D N A L H G I H R Y A W R I A F Y K P A G O T S E N OD R C E N I L K C O L B D K R I N S G M A S E T L B E D R E E D N U D W E N Established Neighbourhood Area METRIC SCALE 1:78,000 0500 1,000 2,000 2 - 192 Meters ´ ********************** 193 RES-7 - **************** 2 RES-6 ************ RES-5 ************ RES-4 ******** RES-3 ******** RES-2 ******** RES-1 **************** R-9 ********** R-8 ExistingExisting ******** R-7 ******** R-6 ********** R-5 ****** R-4 ******** R-3 ******** R-2 Attachment D: By-law 2019-51 vs 85-1 comparison of R and RES zones **** R-1 New Zoning By-law Permitted Use in RES Zones Single Detached DwellingAdditional Dwelling Unit (Attached)Additional Dwelling Unit (Detached)Semi-Detached DwellingTownhouse Dwelling, Street Townhouse Dwelling, ClusterMultiple DwellingLodging HouseHospiceResidential Care Facility, SmallResidential Care Facility, LargeCommunity FacilityConvenience RetailDay Care FacilityFinancial EstablishmentHealth OfficeHome OccupationOfficePersonal ServicesHome OccupationStudio Zoning By-law 85-1 Permitted Use in R Zones Residential UsesSingle Detached DwellingDuplex DwellingCoach House Dwelling UnitSemi-Detached DwellingStreet Townhouse DwellingMultiple DwellingLodging HouseResidential Care FacilityNon-Residential UsesN/AN/AConvenience RetailDay Care FacilityFinancial EstablishmentN/AHome BusinessOfficePersonal ServicesPrivate Home Day CareN/A **Additional regulations on this use apply. Please see respective zoning bylaw for more detail.For convenience only.Please see full Stage 2a - Residential Base Zones for a full description of uses, definitions and regulations. 194 - 2 RES-7RES-7 RES-6RES-6 22 33 (1a) (3a) 12m 9.0m1.2m7.5m7.5m1.2m7.5m 12.8m 235m210m 55%(4)55%(2) RES-5*RES-5* 4.5m(3)4.5m(1) 11.0m(3b)11.0m(1b) 22 33 (1a) (3a) 12m 9.0m1.2m7.5m7.5m1.2m7.5m 12.8m 235m210m 55%(4)55%(2) RES-4*RES-4* 4.5m(3)4.5m(1) 11.0m(3b)11.0m(1b) 22 33 (1a) (3a) 9.3m1.2m 1.2m7.5m7.5m 12.0m 10.5m13.8m 288m235m 55%(4)55%(2) RES-3*RES-3* 4.5m(3)4.5m(1) 11.0m(3b)11.0m(1b) 2 3 (3a) 1.2m7.5m 13.7m15.0m 411mRES-2 55%(4) RES-2* 4.5m(3) 11.0m(3b) 3 (3a) 3.0m7.5m RES-1 55%(4) RES-1* 6.0m(3) 24.0m(2)24.0m(2) 929m2(1) 11.0m(3b) R-9R-9 R-8R-8 22 R-7R-7 9.0m4.5m7.5m7.5m4.5m1.2m7.5m 55%* 55%* 15.0m10.5m12.5m10.5m 235m1.2m**235m 22 R-6R-6 9.0m4.5m7.5m7.5m4.5m1.2m7.5m 55%* 55%* 15.0m10.5m12.5m10.5m 235m1.2m**235m 22 R-5R-5 9.0m4.5m7.5m7.5m4.5m1.2m7.5m 55%* 55%* 15.0m10.5m12.5m10.5m 235m235m 1.2m** Attachment D: By-law 2019-51 vs 85-1 comparison of R and RES zones 22 R-4R-4 9.0m4.5m7.5m7.5m4.5m1.2m7.5m 55%* 55%* 15.0m10.5m12.5m10.5m 235m1.2m**235m 2 R-3R-3 4.5m1.2m7.5m 55%* 13.7m15.0m10.5m 411m 2 R-2R-2 4.5m1.2m7.5m 55%* 24.0m24.0m10.5m 929m R-1R-1 7.5m3.0m 55%* 0.4ha 30.0m30.0m10.0m10.5m Regulation Min Lot AreaMin Lot WidthMin Corner Lot WidthMin Front Yard Setback or Exterior Side Yard SetbackMax Front YardMin Interior Side Yard Setback Min Rear Yard SetbackMax Lot CoverageMax Building HeightMax number of storeys(1) The minimum lot area shall be 0.4 hectares on lots without full municipal services.(2) The minimum lot width shall be 30.0 metres on lots without full municipal services.(3) For lands identified on Appendix D, despite the minimum front yard required in any zone, the minimum front yard is the established front yard minus one metre. In all other cases the minimum front yard shall be in accordance with this Table. Despite the forgoing, no part of any building used to accommodate off street parking shall be located closer than 6.0 metres to the street line. (3a) For lands identified on Appendix D, the maximum front yard shall be the established front yard plus one metre. In all other cases there is no maximum front yard. where the height of the two principal buildings on both abutting lots is less than 6.5 metres. Where there are vacant lot(s), abutting the affected lot, the height of the two principal buildings on the next adjacent lot with a low-rise residential zone are considered. (4) A combined total of 55 percent for all buildings and structures on the lot, of which the habitable portion of the principal dwelling shall not exceed 45 percent and accessory buildings or structures, whether attached or detached, shall not exceed 15 percent.*The regulations shall not apply to existing Single Detached Dwellings on an existing lot, whether or not said lot contains any Additional Dwelling Unit(s).Regulation Min Lot AreaMin Lot WidthMin Corner Lot WidthMin Front Yard Setback or Exterior Side Yard SetbackMin Interior Side Yard SetbackMax Front YardMin Rear Yard SetbackMax Lot CoverageMax Building HeightMax number of storeys(1) For lands identified on Appendix D, despite the minimum front yard required in any zone, the minimum front yard is the established front yard minus one metre. In all other cases the minimum front yard shall be in accordance with this Table. Despite the forgoing, no part of any building used to accommodate off street parking shall be located closer than 6.0 metres to the street line. (1a) For lands identified on Appendix D, the maximum front yard shall be the established front yard plus one metre. In all other cases there is no maximum front yard. where the height of the two p(2) A combined total of 55 percent for all buildings and structures on the lot, of which the habitable portion of the principal dwelling shall not exceed 45 percent and accessory buildings or structures, whether attached or detached, shall not exceed 15 percent.*The regulations shall not apply to existing Semi-Detached Dwelling Units on an existing lot, whether or not said lot contains any Additional Dwelling Unit(s). Single Detached DwellingsSemi-Detached Dwelling Unit **Additional regulations on this use apply. Please see respective zoning bylaw for more detail.For convenience only.Please see full Stage 2a - Residential Base Zones for a full description of uses, definitions and regulations. 195 - 2 RES-7RES-7 85 (2) 20% 3.0m4.5m4.5m7.5m 2.0(1) 19.0m25.0m RES-6 525m2 RES-6* 0.6(1)(3) 2 33 (2) (2) 0.6 (1a) 20% 5.5m9.5m2.5m7.5m4.5m4.5m6.0m 11.5m19.0m11.0m 135m 525m2 55%(3) RES-5*RES-5* 4.5m(1) 11.0m(1b) 2 3 (2) (1a) 10m 6.0m2.5m7.5m 12.0m 148mRES-4 55%(3) RES-4* 4.5m(1) 11.0m(1b) RES-3RES-3 RES-2RES-2 RES-1RES-1 2 **** 8m6m1.04.0 R-9R-9 20% 5.5m4.5m7.5m4.5m7.5m 15m* 15.0m 148m 2 **** 8m0.62.0 R-8R-8 6m* 20% 5.5m4.5m7.5m4.5m7.5m 55%* 15m** 15.0m24.0m 148m 2 **** 8m1.0 R-7R-7 6m* 20% 5.5m4.5m7.5m4.5m7.5m 55%* 12.5m15.0m24.0m 148m 2 **** 8m0.6 R-6R-6 20% 5.5m4.5m7.5m4.5m2.5m7.5m 55%* 12.5m15.0m10.5m 148m 2 R-5R-5 20% 4.5m7.5m 1.2m* 15.0m10.5m 495m Attachment D: By-law 2019-51 vs 85-1 comparison of R and RES zones R-4R-4 R-3R-3 R-2R-2 R-1R-1 Regulation Min Lot AreaMin Lot Width (Internal Unit)Min Lot Width (External Unit)Min Corner Lot WidthMin Front Yard Setback or Exterior Side Yard SetbackMax Front YardMin Interior Side Yard SetbackMin Rear Yard SetbackRear Yard AccessMax Lot CoverageMax Building HeightMax number of storeys(1) For lands identified on Appendix D, despite the minimum front yard required in any zone, the minimum front yard is the established front yard minus one metre. In all other cases the minimum front yard shall be in accordance with this Table. Despite the forgoing, no part of any building used to accommodate off street parking shall be located closer than 6.0 metres to the street line. (1a) For lands identified on Appendix D, the maximum front yard shall be the established front yard plus one metre. In all other cases there is no maximum front yard. where the height of the two principal buildings on both abutting lots is less than 6.5 metres. Where there are vacant lot(s), abutting the affected lot, the height of the two principal buildings on the next adjacent lot with a low-rise residential zone are considered. (2) Each dwelling unit shall have an unobstructed access at grade or ground floor level, having a minimum width of 0.9 metres, from the front yard to the rear yard of the lot either by: a) direct access on the lot without passing through any portion of the dwelling unit; or, b) direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not separated by a door to any such room; or,c) access over adjacent lands which, if the lands are not owned by the City of Kitchener or the Regional Municipality of Waterloo, is secured by a registered easement. (3) A combined total of 55 percent for all buildings and structures on the lot, of which the habitable portion of the principal dwelling shall not exceed 45 percent and accessory buildings or structures, whether attached or detached, shall not exceed 15 percent.*The regulations shall not apply to existing Street Townhouse Dwelling Units on an existing lot, whether or not said lot contains any Additional Dwelling Unit(s).Regulation Min Lot AreaMin Lot WidthMin Front Yard Setback or Exterior Side Yard SetbackMin Interior Side Yard SetbackMin Rear Yard SetbackMin Landscaped AreaMin Floor Space RatioMax Floor Space RatioMin Building HeightMax Building HeightMax number of storeysMin number of dwelling unitsPrivate Patio Area(1) Combined total Floor Space Ratio of all uses on the lot. (2) For each dwelling unit located at ground floor level, an exclusive use patio area adjacent to the dwelling unit with direct access to such dwelling unit shall be provided.(3) Individual buildings will not be required to achieve the minimum floor space ratio where there is an approved Urban Design Brief that includes a Master Site Plan that demonstrated the overall development can achieve the minimum floor space ratio.*The regulations shall not apply to existing Street Townhouse Dwelling Units on an existing lot. Street Townhouse Dwelling Units Cluster Townhouse Dwelling Units **Additional regulations on this use apply. Please see respective zoning bylaw for more detail.For convenience only.Please see full Stage 2a - Residential Base Zones for a full description of uses, definitions and regulations. 196 - 2 5 (5)(3) 20% 4.0(2) 30.0m14.0m 3.0m(5)4.5m(5)7.5m(5) RES-7* 600m2(4) 2.0(2)(6) 85 (3) 3.0m4.5m7.5m 20% 25.0m 2.0(2) 15.0m11.0m RES-6* 600m2(4) 0.6(2)(6) 2 3 (3) 0.6 20% 4.5m3.0m7.5m 11.0m 495m RES-5* 19.0m(1) 2 34 (3) 0.6 20% 4.5m3.0m7.5m 11.0m 15.0m 495m RES-4* RES-3 RES-2 RES-1 **** 6m1.04.0 R-9 20% 4.5m7.5m 15.0m ** 0.62.0 R-8 6m* 20% 4.5m7.5m 15.0m24.0m ** 1.0 R-7 6m* 20%24m 4.5m7.5m 15.0m ** 0.6 R-6 20% 4.5m2.5m7.5m 15.0m10.5m 2 3 R-5 20% 4.5m7.5m 1.2m* 15.0m10.5m 495m Attachment D: By-law 2019-51 vs 85-1 comparison of R and RES zones R-4 R-3 R-2 R-1 Regulation Min Lot AreaMin Lot WidthMin Front Yard Setback or Exterior Side Yard SetbackMin Interior Side Yard SetbackMin Rear Yard SetbackMin Landscaped AreaMin Floor Space RatioMax Floor Space RatioMin Building HeightMax Building HeightMax number of storeysMin number of dwelling unitsMax number of dwelling unitsPrivate Patio AreaMax Gross Floor Area of Individual Non-Residential Use(1) A multiple dwelling up to 4 dwelling units shall have a minimum lot width of 15.0m(2) Combined total Floor Space Ratio of all uses on the lot. (3) For multiple dwellings with 4 dwelling units or more, each dwelling unit located at ground floor level shall have an exclusive use patio area adjacent to the dwelling unit with direct access to such dwelling unit.(4) The total gross floor area of all non-residential uses shall not exceed 25% of the total gross floor area on a lot.(5) The maximum building height shall be 25m within 15m of a lot zoned RES-6.(6) Individual buildings will not be required to achieve the minimum floor space ratio where there is an approved Urban Design Brief that includes a Master Site Plan that demonstrated the overall development can achieve the minimum floor space ratio.*The regulations shall not apply to existing Multiple Dwelling units and Non-Residential Uses on an existing lot. Multiple Dwellings and Non-Residential Uses **Additional regulations on this use apply. Please see respective zoning bylaw for more detail.For convenience only.Please see full Stage 2a - Residential Base Zones for a full description of uses, definitions and regulations. 197 - 2 RES-7 RES-6 RES-5 RES-4 RES-3 RES-2 RES-1 Shall be in accordance with the regulations of the RES Zone and dwelling type in which the lodging house, hospice, small residential care facility or large residential care facility is located. R-9 R-8 R-7 R-6 R-5 Attachment D: By-law 2019-51 vs 85-1 comparison of R and RES zones R-4 R-3 R-2 R-1 In accordance with the regulations of the dwelling type in which such facility is located.** Regulation Regulations and Large Residential Care Facility Lodging House, Hospice, Small Residential Care Facility **Additional regulations on this use apply. Please see respective zoning bylaw for more detail.For convenience only.Please see full Stage 2a - Residential Base Zones for a full description of uses, definitions and regulations. Attachment E - Staff Response to Correspondence from Glenn Scheels regarding Transitions to Low Rise Residential Thank you for the letter dated December 13, 2019 (included below). Per Council’s direction from CRoZBy Stage 1, CRoZBy Stage 2a introduces a general regulation that limits the maximum building height in all zones to 12m within 15m of a low- rise residential zone. This recommendation was based on significant analysis and public consultation described in DSD-19-233. Staff received comments of concern regarding this regulation after the last statutory public meetingattached below. The letter suggests that transition is better addressed through site plan review and urban design guidelines rather than zoning regulations. The principalzoning tool used to address transition is geographic application of zoning categories. Low rise residential areas are separated from medium and high rise residential forms by the application of zone categories that limit their height, and use streets and low rise land uses to provide transition. This approach predominates in suburban areas. In central neighborhoods, it is more common for abutting properties to have different height permissions. Staff have found it increasingly difficult to ensure appropriate transition to low rise residential that goes beyond the minimum established in zoning through the site plan approval process. Staff continue to recommend the approach to transition to low rise residential outlined in report DSD-19-233, acknowledging that it may reduce the zoning envelope for some parcels compared to existing zoning. However, in consideration of these comments, staff intend to increase the maximum permitted building height within transition zones to 14m on Regional and Arterial roads as part of Stage 2b. Staff acknowledge that zoning can be a blunt instrument and it is difficult to address all of the site specific circumstances surrounding transition to low rise residential. Minor Variances to the zoning by-law can provide for lesser transition to low rise residential where this is appropriate for the site-specific circumstances. Decision making on these requests are guided by the guided Official Plan, intent of the Zoning By-law and Urban Design Manual and should consider issues of shadow, privacy, overlook; landscaping and building orientation. 2 - 198 December 13, 2019File No: P15.111 City of Kitchener Kitchener City Hall 200 King Street West PO Box 1118 Kitchener, ON N2G 4G7 Attn: Tina Malone-Wright, Senior Planner, MCIP, RPP Re:Comprehensive Review of the Zoning By-law General Regulation 4.19 At its meeting October 22, 2019 the Planning and Strategic Initiatives Committee considered Stage 2a of the Comprehensive Review of the Zoning By-law (CRoZBy) which contained new residential base zones. At itsmeeting December 9, 2019, the Planning and Strategic Initiatives Committee consideredthe Neighbourhood Planning Review(NPR), which containeda Zoning By-law Amendment to implement new CRoZBy zones within the Secondary Plan areas in the Central Neighbourhoods of the City. Neither have been approved by Council to date. Staff indicated at the December 9, 2019 meeting that they would receive further input and do further consultation about the NPR before the new Zoning is brought to Council for approval in 2020. In reviewing the NPR materials it has come to our attention that there is a proposed new provision in the CRoZBy By-law in the General Provisions section,whichmeansthat it would apply City-wide. Regulation 4.19 reads: the building height shall not exceed 12 metres within 15 metres of a lot with a low-rise We have concerns with this regulation being appliedas a general provision. This provision landsthat permit midrise and tallbuildings(including lands that were previously rezonedMIX and COM Zonesby Council through Stage 1 of the CRoZBy process). Inmidrise and tall buildings are planned and permitted by the Official Plan (e.g. whereMIX-2, MIX-3 and COM-2, COM-3 and COM-4 Zones have been appliedthrough Stage 1 of the CRoZBy process),Regulation4.19 as proposedcould severely restrict and in some cases preclude midrise and highrise intensification. At the time theCOM and MIXZones were approved by Council in May, 2019, the required setbacks to abutting low-rise residential zones was 7.5 metres. In MIX Zones there isan additional requirement for a 3.0 metre stepback above the base of the building. PLANNING | URBAN DESIGN | LANDSCAPE ARCHITECTURE 72 Victoria Street South, Suite 201, Kitchener, ON N2G 4Y9 519 569 8883 162 Locke Street South, Suite 200, Hamilton, ON L8P 4A9 905 572 7477 gspgroup.ca 2 - 199 With the implementation of Regulation 4.19 the setbacks for midrise and highrise buildings would beincreased from 7.5 metres to 15 metresor the stepback increased from 3.0 metres to 7.5 metres. GSP Group is supportive of the design principle of transition between new developmentand abutting stable low rise neighbourhoods. However, we have concernswithrecommended zoning Regulation 4.19 to achieve this end because it is an inflexible tool. Other tools are in place to address the principle of transition. City Council recently adopted a comprehensive new Urban Design Manual. The UDM containsnumerous design guidelines thataddress the matter of compatibility and transitionfor midrise and tall buildings in infill contexts.These were developed after extensive public consultation. The guidelines require transition through stepbacksof upper storeysor through increasing separation distances between buildings.In the UDM appropriate separation distances are determined as a function of the (height x length divided by 200).This was intended to providefor scaling up of separation distances formidrise and tallbuildings. The UDM is intended toallowfor consideration of the context to determine the appropriate design solution. Proposed Regulation 4.19, by contrast, is inflexible because it requires a15 metre setback for any building greater than 12 metres (3-4 storeys in height)that abuts anadjacent low-rise residential zone.For constrained infill sites in particular, the 15 metre setback is onerous. Since it is measured to a lot line it does notconsider relationships between buildingsor adjacent sites,nor does it take into account the scale of the proposed building. For illustrative purposes, the UDM generally requiresmidrise and tallbuildings to be no greaterthan 70 metres in length and determines the appropriateseparation distance based on a formula of height x length / 200. For a 70 metrelong building (the maximum contemplated by the UDM), it would have to be 42 metreshigh(14 storeys or greater) to require a 15 metre setback per the formula in the UDM. The UDM would require lesser setbacks for narrower and/or shorter buildings.There is a very clear disconnect between proposed Regulation 4.19 and the approach approved throughthe UDM. As a one-size-fits-all approach, proposed Regulation 4.19 is problematic. In the presentation December 9, 2019, staff indicated that the rationale for the 15 metre setback/stepback for upper storeys of midrise and tall buildings was to discourage slab forms of development which create the potential for proliferation of surface parking, abrupt transition to adjacent development, wind impacts and overlook impacts. It is our submission that Regulation 4.19 does not necessarily ensure built form with stepbacks in massing, nor will it necessarily discourage surface parking. Moreover, we submit that the issues of wind, overlook, building mass and articulation and site layout are best addressed through the Site Plan Approval process (guided by the UDM) because it is in this process where the unique conditions of a site can be appropriately considered and evaluated. We ask that staffreconsiderRegulation 4.19 and instead rely upon the setbacks/stepback requirementsof the parent Zones (e.g. 7.5 metres in MIX and COM Zonesas previously approved by Council) and the comprehensive Council-approved UDM and Site Plan approval process to determine context-sensitive design solutions for infill abutting low rise residential neighbourhoods. GSP Group | 2 2 - 200 Thank you for the opportunity to provide these commentsprior to a decision being made on the proposed Regulation 4.19. We look forward to further discussion with on this aspect of the new Zoning By-law. Yours truly, GSP Group Glenn ScheelsMCIP, RPP cc.Heather Price, GSP Group GSP Group | 3 2 - 201