HomeMy WebLinkAboutCSD-17-024 - CRoZBy New Zoning By-law - Component D - First Draft
REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: April 3, 2017
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Sarah Coutu, Planner, 519-741-2200 ext. 7069
Lauren Nelson, Planning Analyst, 519-741-2200 ext. 7072
WARD(S) INVOLVED: ALL
DATE OF REPORT: February 23, 2017
REPORT NO.: CSD-17-024
SUBJECT: Comprehensive Review of the Zoning By-law (CRoZBy)
New Zoning By-law: Component D First Draft
(Commercial and Agriculture Zones)
_____________________________________________________________________
RECOMMENDATION:
That staff consult onthe new Zoning By-law: Component D First Draft
((Commercial and Agriculture Zones) in accordance with the requirements of the
Planning Act and as further outlined in report CSD-17-024.
BACKGROUND:
-law 85-1 was adopted through several amendments
beginning in 1985. Generally, a Zoning By-law can control the way land can be used
(e.g. for houses, industrial buildings, parks) andcan set out rules for where buildings
can be placed on a lot and the shape that a building can take (e.g. how far a building
should be from the street, and how tall and big the building can be). Zoning By-laws can
also require a propertyto be a certain size (e.g. how wide, how long and how much
area, and can require owners and occupants of buildings to provide parking for each
use on a lot.
The Planning Act requires that municipalities amend their Zoning By-laws to conform to
their new Official Plans.
2014, approved by the Region in November 2014. Portions of the new Official Plan are
under appeal atthe Ontario Municipal Board.
Given that the preparation of a new Zoning By-law is a major endeavour and closely
related to the new Official Plan, -law was
outlined in 2013 through report CSD-13-067. In May 2014, the Comprehensive Review
of the Zoning By-law (CRoZBy) was officially launched through report CSD-14-027. An
update was provided on the CRoZBy project via report CSD-15-012 in March 2015. The
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purpose of this report is to table the first draft of Component D (Commercial and
Agriculture Zones) of the new Zoning By-law.
REPORT:
CRoZBy Process Update
Since March 2015, first drafts of different zones and sections of the new Zoning By-law
have been tabled to obtain public/stakeholder comments. Figure 1 illustrates the
progression of the first draft of the new Zoning By-law.
Figure 1: New Zoning By-law First Draft Progression
Component A (March 2015),Component B (May 2016)and Component C (Nov2016)
Zones
Mixed Use (MIX)Employment (EMP)
Natural Heritage Conservation (NHC)Existing Use Floodplain (EUF)
Recreation (REC)Stormwater Management (SWM)
Urban Growth Centre (UGC)Major Infrastructure and Utility (MIU)
Institutional (INS)
Sections
General Scope and Administration
Interpretation, Classification and Limits of Zones
Definitions
General Regulations
Parking, Loading and Stacking Regulations
Transition Provisions
Overlays (environmental related)
Property specific zoning related to the above-mentioned zones
Component D(April 2017)
Zones
Commercial (COM)Agriculture(AGR)
Sections
Definitions
General Regulations
Property specific zoning related to the above-mentioned zones
Future Components
Zones
Residential (RES)
Sections
Definitions
Property specific zoning related to the above-mentioned zones
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In 2015 and 2016 staff consulted with the public and stakeholders onComponents A, B
and C. Through the consultation process staff notified 3,178 property owners of the
proposed change in zoning of their property. Five (5) public drop-in sessions were held
andstaff had numerous one-on-one discussions with property owners (in person, over
the telephone or through email). A total of approximately 625 members of the public
participated in the above-mentioned consultation process. Targeted stakeholder
consultation also occurred with six (6) days of stakeholder interviews and two (2) topic
specific stakeholder sessions. A total of approximately 33 members of the development
industry participated in these sessions. Components A,B and C have generated
approximately 1,000 individual comments to date. Staff is reviewing all comments
received and will be communicating further with property owners and stakeholders prior
to the release of subsequent draftsof a new Zoning By-law. Being mindful of the current
, staff will continue to assess the appropriate timing of
further actions onthe content tabled to date.
New Zoning By-law- Component D First Draft (Commercial and Agriculture
Zones)
In preparing the first draft of new commercial and agriculture zones, Planning staff
reviewed existing Zoning By-law provisions and the new Official Plan and researched
practices of other municipalities. The existing zones and mapping for approximately 470
properties were reviewed and new/updated zones recommended for each property.
Depending on the ultimate determination of applicable zoning on certain properties, an
Official Plan Amendment (OPA) may be required to amend the corresponding land use
designation on properties. If it is determined that an OPA is required, it will be tabled in
concert with the final draft of the new Zoning By-law.
The first draft of the commercial and agriculture zones are included in Section 9 and
Section 12 respectively within the consolidated first draft new Zoning By-law (see
Appendix A). Generally, the purpose of the first draft is to implement the new Official
Plan and make improvements based on best practices and strategic directions for
Kitchener.Highlights include:
Commercial Zones
Consolidation of the eight (8) existing into five (5) proposed
land use designations and align with the Urban Structure Components of
;
The zones include: COM-1 (Local Commercial), COM-2 (General Commercial),
COM-3 (Arterial Corridor Commercial), COM-4 (Commercial Campus) and, COM-5
(Major Transit Station Area Commercial);
The Gas Station Zone (C-7), which permits only gas stations and car washes, is
proposed to be removed. Gas stations are proposed to be permitted in COM-1,
COM-2, COM-3 and COM-4 and car washes are proposed to be permitted in COM-
2, COM-3 and COM-4.
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Generally, the range of permitted retail and commercial uses has remained the
same, and some new uses are introduced. The range of permitted commercial uses
in the COM-1 zone (former C-1) have been broadened;
Simplified and streamlined regulations where possible to be consistent amongst
Commercial Zones.
The number of special use, special regulation and holding provisions are
significantly reduced.
Agriculture Zones
and as identified in the Regional Official
Plan;
The zones include: AGR-1 (Prime Agriculture) and AGR-2 (Rural);
Generally the range of permitted uses and regulations are similar, and some new
uses are introduced. Changes in permitted use and regulations that have been
made reflect new provincial and/or regional direction;
The number of special use, special regulation and holding provisions are reduced.
Other Regulations/Mapping
Regulations for specific uses have been added/revised in Section 4 (General
Regulations) and include: Automotive Detailing and Repair Operation and Heavy
Repair Operation; Community Garden; Drive-Through Facility; Gas Station; and,
.
The assignment of Commercial (COM) zones for properties to which the above
zones apply. The city-wide application of the proposed new zones does not include
the following geographic areas:the PARTS areas,Secondary Plan areas, Hidden
Valley, Bridgeport, Lower Doon and Upper Doon Community Plans and areas
subject to future Master Planning i.e. Homer Watson Blvd/ Conestoga College
Blvd.
The assignment of Agriculture (AGR) zones are generally for properties within the
Prime Agriculture land use designation and that are outside of the Urban Area
Boundary of the new Official Plan. Some properties in the Prime Agriculture and
Rural land use designations are not proposed to be rezoned at this time as they are
subject to future land use review processes.
Appendix A of this report is a consolidated first draft of the new Zoning By-law including
Components A, B, C and D. Generally no changes are being proposed to previous
components at this time. However, some definitions (Section 3), general regulations
(Section 4) and parking, loading and stacking regulations (Section 5) pertinent to
Component D have been revised or added in the context of the draft Commercial and
Agriculture
A.
A comprehensive summary of the items introduced through Component D is contained
within Appendix B. This summary includes a comparison to the existing Zoning By-law
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in order to provide an understanding of where regulations/zones have been added,
deleted or modified.
Next Steps
Public and stakeholder consultation on Component D will be held in May 2017 and is
further described in the Community Engagement section of this report. Staff will
consider comments received from this consultation and continue to dialogue with
property owners and interested persons prior to the preparation of a subsequent draft of
the material tabled to date.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Strategic Priority 1 Open Government
Strategic Priority 2 Strong and Resilient Economy
Strategic Priority 3 Safe and Thriving Neighbourhoods
Strategy 3.3 - Manage growth, curb urban sprawl, and foster more mixed-use
development, ensuring new development is integrated with the diversity and character
of the surrounding community.
Strategic Priority 4 Sustainable Environment and Infrastructure
Business Plan #11 Comprehensive Zoning By-law Review.
FINANCIAL IMPLICATIONS:
This multi-year project is currently within the existing project budget.
COMMUNITY ENGAGEMENT:
The CRoZBy project is primarily utilizing
and is going significantly above and
beyond the typical requirements of the Planning Act. Engagement conducted to date
was summarized in the report above.
INFORM - To inform the public about the drop-in session, notices will be placed in the
Record and Kitchener Post in accordance with the requirements of the Planning Act.
Details about these sessions will also be posted on the CRoZBy webpage and
promoted through social media and email distribution list.
Although not required by the Planning Act, inApril, letters will be sent out to all
property owners within the City whose property is affected by the COM and AGR
zones in Component D (approximately 470 properties). These letters will inform
property owners of the proposed change in zoning of their property, indicate where they
can obtain additional information, and inform them of the public sessions.
The project webpage has been updated to include Component D. Site specific mapping
(i.e. Zoning Grid Schedules) has been posted in .pdf format. Site specific mapping is
system. This mapping system
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allows people to search for properties by address and see the existing (Zoning By-law
85-1) and proposed zoning.
In addition, t
of the council / committee meeting.
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CONSULT A public drop-in session will be held onMay 11 from 4:00-8:00p.m. at
City Hall. The purpose of this session is to provide highlights of the CRoZBy process
andComponent D through a staff presentation. Staff will also be available to answer
questions and receive comments. This drop-in session will be held in accordance with
the provisions of the Planning Act and will satisfy the requirement for a Statutory Open
House.
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A series of stakeholder interview sessions will also be held May 15 through May 26.
Interested stakeholders (agencies, development industry,planning and other
consultants, Waterloo Region Home Builders Association Kitchener CRoZBy Sub-
committee members, and others) will be invited to meet with staff for one-on-one
sessions to ask questions and discuss comments on Component D.
A feedback form will be provided on the CRoZBy website and at the sessions. Written
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comments will be accepted until June 16 via crozby@kitchener.ca.
CONCLUSION:
Component D proposes to implement several sections of the new Official Plan and
incorporates new zoning practices. Staff recommends that Component D be released
for formal, statutory public and stakeholder consultation.
REVIEWED BY:
Natalie Goss, Senior Planner
Brandon Sloan, Manager, Long Range and Policy Planning
Tina Malone-Wright, Senior Planner
Janine Oosterveld, Manager, Site Development and Customer Service
Della Ross, Manager, Development Review
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
Appendix A First Draft Zoning By-law Components A, B, C and D (can be accessed
at www.kitchener.ca/crozby)
Appendix B First Draft Zoning By-law Component D Summary of Changes
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Attachment to
Planning & Strategic
Initiatives Committee
Agenda
April 3, 2017
RE: CSD -17-024
Appendix A
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BY-LAW NUMBER xxx-xxx
FOR THE
CORPORATION OF THE CITY OF KITCHENER
Zoning By-law
Components A, B, C and D
First Draft
April 2017
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BY-LAW NUMBER XXXX-XXX
OF THE
CORPORATION OF THE CITY OF KITCHENER
(To be known as the Zoning By-law of the Corporation of the City of Kitchener)
WHEREAS it is desired to enact a new Zoning By-law to comprehensively deal with zoning
throughout the city;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows:
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 9
i
TABLE OF CONTENTS
SECTION 1 – GENERAL SCOPE AND ADMINISTRATION 1-1
1.1 TITLE 1-1
1.2 CONFORMITY AND COMPLIANCE WITH BY-LAW 1-1
1.3 COMPLIANCE WITH OTHER LEGISLATION 1-1
1.4 APPLICATION 1-1
1.5 VALIDITY 1-1
1.6 EFFECTIVE DATE 1-1
1.7 REPEAL OF EXISTING BY-LAWS 1-1
1.8 CONTRAVENTIONS 1-1
1.9 PENALTIES 1-2
1.10 FAILURE TO COMPLY 1-2
1.11 LICENCES AND PERMITS 1-2
1.12 ZONING (OCCUPANCY) CERTIFICATE 1-2
1.13 TECHNICAL REVISIONS TO THE ZONING BY-LAW 1-2
SECTION 2 – INTERPRETATION, CLASSIFICATION AND LIMITS OF ZONES 2-1
2.1 INTERPRETATION 2-1
2.1.1 Word Usage 2-1
2.1.2 Defined Terms 2-1
2.1.3 References to Acts 2-1
2.1.4 References to Zone Categories 2-1
2.1.5 Permitted Uses 2-1
2.1.6 Prohibited Uses 2-2
2.1.7 Illustrations 2-2
2.1.8 Cross-References 2-2
2.2 ESTABLISHMENT OF CLASSIFICATIONS, ZONES AND OVERLAYS 2-2
2.3 USE OF ZONE SYMBOLS 2-3
2.4 INCORPORATION OF APPENDICES 2-3
2.4.1 Appendix A – Zoning Grid Schedules 2-3
2.4.1.1 Overlays 2-3
2.4.2 Appendix B – Property Detail Schedules 2-4
2.4.3 Appendix C – Special Use Provisions for Specific Lands 2-4
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 10
ii
2.4.4 Appendix D – Special Regulation Provisions for Specific Lands 2-4
2.4.5 Appendix E – Temporary Use Provisions for Specific Lands 2-4
2.4.6 Appendix F – Holding Provisions for Specific Lands 2-4
2.4.7 Appendix G – Holding Provisions for Services and Roadworks 2-5
2.4.7.1 Letter Symbols for Municipal Clearances 2-5
2.4.7.2 Letter Symbols for Municipal Services and Roadworks 2-5
2.4.7.3 Definition of Terms 2-5
2.4.8 Appendix H – Grand River Conservation Authority Regulated Area 2-6
2.4.9 Appendix I – Planning Around Rapid Transit Station (PARTS) Areas 2-6
2.5 ZONE BOUNDARIES 2-6
2.5.1 Refinement of Zone Boundaries 2-7
SECTION 3 – DEFINITIONS 3-1
SECTION 4 – GENERAL REGULATIONS 4-1
4.1 ACCESSORY BUILDINGS AND STRUCTURES 4-1
4.1.1 Attached Garages for Single Detached and Duplex Dwellings 4-1
4.1.1.1 Garage Width 4-1
4.1.1.2 Garage Side Yard 4-2
4.1.1.3 Garage Projection 4-2
4.1.2 Attached Garages for Semi-Detached Dwellings 4-2
4.1.2.1 Garage Width 4-2
4.1.2.2 Garage Projection 4-3
4.1.3 Attached Garages for Street Townhouse Dwellings 4-3
4.1.3.1 Garage Width 4-3
4.1.3.2 Garage Projection 4-3
4.2 ACCESSORY USES 4-4
4.3 BONUSING 4-4
4.4 CONDOMINIUMS 4-8
4.4.1 Standard Condominiums 4-8
4.4.2 Vacant Land Condominiums 4-8
4.4.3 Common Element Condominiums 4-9
4.5 CONSOLIDATED LOT DEVELOPMENT 4-9
4.6 CORNER VISIBILITY TRIANGE AND DRIVEWAY VISIBILITY TRIANGLE 4-10
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 11
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4.7 FRONT YARD BUILDING SETBACK 4-10
4.8 FRONTAGE ON A STREET 4-10
4.9 HOME OCCUPATION 4-10
4.9.1 Home Occupations in Single Detached Dwellings and Semi-Detached 4-11
Dwelling Units Containing Only One Dwelling Unit
4.9.1.1 Canine and Feline Grooming 4-12
4.9.2 Home Occupations in Duplex Dwellings, Multiple Dwellings, Semi-4-12
Detached Duplex Dwellings and Street Townhouse Dwellings
4.10 LEGAL NON-COMPLIANCE OF LOTS, BUILDINGS AND STRUCTURES 4-13
4.10.1 Replacement 4-13
4.10.2 Non-Compliance as a Result of Land Acquisition 4-13
4.11 LEGAL NON-CONFORMING USES 4-14
4.11.1 Replacement 4-14
4.12 GROUP HOMES 4-14
4.13 CORRECTIONAL GROUP HOMES 4-14
4.14 LOCATION OF LODGING HOUSES 4-15
4.15 MUNICIPAL SERVICES 4-15
4.15.1 Water Services 4-15
4.15.2 Sanitary Services 4-15
4.16 NUMBER OF DWELLINGS PER LOT 4-16
4.16.1 Coach House Dwelling Units 4-16
4.16.2 Garden Suites 4-16
4.17 PERMITTED PROJECTIONS ABOVE HEIGHT RESTRICTIONS 4-16
4.18 PERMITTED PROJECTIONS INTO REQUIRED YARDS 4-17
4.18.1 Architectural Features 4-17
4.18.2 Balconies 4-17
4.18.3 Canopies 4-17
4.18.4 Heating, Ventilation and Air Conditioning Equipment 4-17
4.18.5 Pools and Hot Tubs 4-18
4.18.6 Restaurant Patios, Decks and Outdoor Recreation 4-18
4.18.7 Satellite Dishes and Antennas 4-19
4.18.8 Steps and Access Ramps 4-19
4.18.9 Terraces, Porches and Decks 4-19
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 12
iv
4.19 PERMITTED USES 4-20
4.19.1 Accessory Bio-Solid Storage 4-20
4.19.2 Alternative Energy System 4-20
4.19.3 Automotive Detailing and Repair Operation and Heavy Repair Operation 4-20
4.19.4 Community Garden 4-20
4.19.5 Construction Uses 4-21
4.19.6 Drive-Through Facility 4-21
4.19.7 Gas Station 4-21
4.19.8 Model Homes 4-21
4.19.9 Public Uses and Utilities 4-22
4.19.10 Refreshment Vehicle 4-22
4.19.11 Temporary Farmers’ Market 4-22
4.20 SETBACKS FROM A PROVINCIAL HIGHWAY 4-22
4.21 SETBACKS FROM RAILWAY 4-22
4.22 TWO OR MORE USES ON A LOT 4-23
4.23 TWO OR MORE ZONES ON A LOT 4-23
4.24 VISUAL BARRIERS 4-23
SECTION 5 – PARKING, LOADING, AND STACKING 5-1
5.1 PARKING PROVISIONS 5-1
5.2 PARKING SPACE PROVISIONS 5-1
5.2.1 Angled Parking Space Dimensions 5-1
5.2.2 Parallel Parking Space Dimensions 5-2
5.2.3 Parking Space Provided Within a Residential Building 5-2
5.2.4 Location of Parking Spaces for Non-Residential Uses 5-3
5.2.5 Location of Parking Spaces for Residential Uses 5-4
5.3 DRIVEWAY PROVISIONS FOR RESIDENTIAL USES 5-5
5.4 BICYCLE PARKING STALL PROVISIONS 5-6
5.5 MINIMUM PARKING SPACE PROVISIONS 5-9
5.6 PARKING PROVISIONS FOR UGC ZONES 5-19
5.7 MAXIMUM PARKING SPACE PROVISIONS 5-19
5.8 SHARED PARKING SPACE REDUCTIONS 5-20
5.9 ELECTRIC VEHICLE PARKING SPACE PROVISIONS 5-21
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 13
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5.10 COMPACT VEHICLE PARKING SPACE PROVISIONS 5-22
5.11 BARRIER-FREE ACCESSIBLE PARKING SPACE PROVISIONS 5-22
5.12 LOADING SPACE PROVISIONS 5-23
5.13 STACKING PROVISIONS 5-23
5.14 EQUIPMENT AND VEHICLE STORAGE PROVISIONS 5-24
5.14.1 Commercial Vehicles and Equipment 5-24
5.14.2 Major Recreational Equipment 5-24
5.14.3 Utility Trailers 5-24
5.14.4 Vehicles with a Snow Plough Blade 5-25
SECTION 6- URBAN GROWTH CENTRE ZONES (UGC) 6-1
6.1 APPLICABLE ZONES 6-1
6.2 PERMITTED USES 6-1
6.3 REGULATIONS 6-3
6.4 OUTDOOR STORAGE 6-6
6.5 OTHER APPLICABLE REGULATIONS AND SECTIONS 6-6
SECTION 7 – RESIDENTIAL ZONES (RES) 7-1
SECTION 8 – MIXED USE ZONES (MIX) 8-1
8.1 APPLICABLE ZONES 8-1
8.2 PERMITTED USES 8-1
8.3 REGULATIONS 8-2
8.4 VISUAL BARRIER 8-4
8.5 OUTDOOR STORAGE 8-4
8.6 OTHER APPLICABLE REGULATIONS AND SECTIONS 8-4
SECTION 9 – COMMERCIAL ZONES (COM) 9-1
9.1 APPLICABLE ZONES 9-1
9.2 PERMITTED USES 9-1
9.3 REGULATIONS 9-3
9.4 VISUAL BARRIER 9-4
9.5 OUTDOOR STORAGE 9-4
9.6 OTHER APPLICABLE REGULATIONS AND SECTIONS 9-4
SECTION 10 – EMPLOYMENT ZONES (EMP) 10-1
10.1 APPLICABLE ZONES 10-1
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 14
vi
10.2 PERMITTED USES 10-1
10.3 REGULATIONS 10-3
10.4 VISUAL BARRIER 10-4
10.5 OUTDOOR STORAGE 10-4
10.6 OTHER APPLICABLE REGULATIONS AND SECTIONS 10-4
SECTION 11 – INSTITUTIONAL ZONES (INS) 11-1
11.1 APPLICABLE ZONES 11-1
11.2 PERMITTED USES 11-1
11.3 REGULATIONS 11-2
11.4 OUTDOOR STORAGE 11-2
11.5 OTHER APPLICABLE REGULATIONS AND SECTIONS 11-2
SECTION 12 – AGRICULTURE ZONES (AGR) 12-1
12.1 APPLICABLE ZONES 12-1
12.2 PERMITTED USES 12-1
12.3 REGULATIONS 12-2
12.4 OTHER APPLICABLE REGULATIONS AND SECTIONS 12-2
SECTION 13 – NATURAL HERITAGE CONSERVATION ZONES (NHC)13-1
13.1 APPLICABLE ZONES 13-1
13.2 PERMITTED USES 13-2
13.3 OTHER APPLICABLE REGULATIONS AND SECTIONS13-3
SECTION 14 – EXISTING USE FLOODPLAIN ZONE (EUF)14-1
14.1 APPLICABLE ZONES 14-1
14.2 PERMITTED USES 14-1
14.3 REGULATIONS 14-1
14.4 ACCESSORY BUILDINGS 14-2
14.5 OUTDOOR STORAGE 14-2
14.6 OTHER APPLICABLE REGULATIONS AND SECTIONS14-2
SECTION 15 – RECREATION ZONES (REC)15-1
15.1 APPLICABLE ZONES 15-1
15.2 PERMITTED USES 15-1
15.3 REGULATIONS 15-1
15.4 OTHER APPLICABLE REGULATIONS AND SECTIONS15-2
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 15
vii
SECTION 16 – MAJOR INFRASTRUCTURE AND UTILITY ZONES (MIU)16-1
16.1 APPLICABLE ZONES 16-1
16.2 PERMITTED USES 16-1
16.3 REGULATIONS 16-1
16.4 VISUAL BARRIER 16-1
16.5 OUTDOOR STORAGE 16-2
16.6 OTHER APPLICABLE REGULATIONS AND SECTIONS16-2
SECTION 17 – STORMWATER MANAGEMENT ZONES (SWM)17-1
17.1 APPLICABLE ZONES 17-1
17.2 PERMITTED USES 17-1
17.3 OTHER APPLICABLE REGULATIONS AND SECTIONS17-1
SECTION18 – OVERLAYS18-1
18.1 APPLICABLE OVERLAYS 18-1
18.2 REGULATIONS 18-1
18.2.1 Flooding Hazard 18-1
18.2.2 Slope Erosion Hazard 18-2
18.2.3 Significant Wildlife Habitat and Significant Landforms 18-3
18.2.4 Ecological Restoration Areas18-3
SECTION 19 – TRANSITION PROVISIONS19-1
19.1 GENERAL TRANSITION MATTERS 19-1
19.2 COMPLETE APPLICATION TRANSITION MATTERS 19-1
19.3 TRANSITION SUNSET CLASUE 19-1
19.4 SITE PLAN AGREEMENTS AND SITE PLAN APPROVALS 19-2
19.5 PROPERTY SPECIFIC SITE PLAN AGREEMENTS AND SITE PLAN 19-2
APPROVALS
APPENDIX A – ZONING GRID SCHEDULES A-1
APPENDIX B – PROPERTY DETAIL SCHEDULES B-1
APPENDIX C – SPECIAL USE PROVISIONS FOR SPECIFIC LANDS C-1
APPENDIX D – SPECIAL REGULATION PROVISIONS FOR SPECIFIC LANDS D-1
APPENDIX E – TEMPORARY USE PROVISIONS FOR SPECIFIC LANDS E-1
APPENDIX F – HOLDING PROVISIONS FOR SPECIFIC LANDS F-1
APPENDIX G – HOLDING PROVISIONS FOR SERVICES AND ROADWORKS G-1
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 16
viii
APPENDIX H – GRAND RIVER CONSERVATION AUTHORITY REGULATED AREA H-1
APPENDIX I – PLANNING AROUND RAPID TRANSIT STATIONS (PARTS) AREAS I-1
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 17
SECTION 1 Page 1 of 2
SECTION 1 - General Scope and Administration
1.1 TITLE
A-2015
This By-law shall be known as the "Zoning By-law" of The Corporation of the City of Kitchener.
1.2 CONFORMITY AND COMPLIANCE WITH BY-LAW
A-2015
No person shall erect, alter, enlarge or use any building or structure within the city in whole
or in part, nor use any land in whole or in part, except in accordance with the provisions of
this By-law.
1.3 COMPLIANCE WITH OTHER LEGISLATION
A-2015
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 regulation of the Region,Province, or
Federal Government that may otherwise affect the use of land, buildings, or structures.
1.4 APPLICATION
A-2015
The provisions of this By-law shall apply to all lands in the city, except for those lands shown
on the Zoning Grid Schedules attached as Appendix A hereto with diagonal hatching and
labelled with By-law Number 85-1.
1.5 VALIDITY
A-2015
If any provision of this By-law including anything shown on the Zoning Grid Schedules of
Appendix A 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,
notwithstanding that one or more provisions thereof shall have been declared to be invalid.
1.6 EFFECTIVE DATE
A-2015
This By-law shall come into effect on the day it was passed.
1.7 REPEAL OF EXISTING BY-LAWS
A-2015
Nothing in the By-law repeals the provisions of By-law Number 85-1 or a predecessor
thereof. This By-law supersedes By-law Number 85-1 or a predecessor thereof where it
applies.
1.8 CONTRAVENTIONS
A-2015
Every person who contravenes any of the provisions of this by-law is guilty of an offense and on
conviction is liable in accordance with the Planning Act.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 18
SECTION 1 Page 2 of 2
1.9 PENALTIES
A-2015
Penalties imposed by conviction under this Section shall be recoverable under the Provincial
Offences Act, as amended.
1.10 FAILURE TO COMPLY
A-2015
Where a person fails to comply with the provisions of Sections 4.9 and 4.17.7 of this by-law,
theCity may take such actions as necessary to effect compliance with those provisions at
theperson'sexpense, may enter upon land at any reasonable time for that purpose, and may
recover the costs of doing so from the person directed or required to do it by action or by
adding the costs to the tax roll and collecting them in the same manner as property taxes.
1.11 LICENCES AND PERMITS
A-2015
No person is entitled to a permit, certificate, or license for a proposed use of land or a proposed
alteration, erection, enlargement or use of any building that is in violation of any provisions of
this By-law.
1.12 ZONING (OCCUPANCY) CERTIFICATE
A-2015
No change may be made in the type of use of any land covered by this By-law or change in
the type of use of any building on any such land without the issuance of a Zoning
(Occupancy) Certificate Notwithstanding the above, no Zoning (Occupancy) Certificate shall be
required for a single detached dwelling,duplex dwelling,semi-detached dwelling, street
townhouse dwelling, or private home day care.
1.13 TECHNICAL REVISIONS TO THE ZONING BY-LAW
A-2015
Technical revisions may be made to this By-law without the need for a zoning by-law
amendment. Technical revisions include:
a) Correction of numbering, cross-referencing, grammar, punctuation or typographical
errors or revisions to format in a manner that does not change the intent of a
regulation;
b) Adding or revising technical information on maps or schedules that does not affect
the zoning of lands;
c) Refinement of the boundary of the Existing Use Floodplain (EUF-1) Zones, Natural
Heritage Conservation (NHC-1) Zones and the Flooding Hazard, Slope Erosion,
Significant Wildlife Habitat and Significant Landforms and Ecological Restoration
Areas Overlays in accordance with Section 2.5.1: Refinement of Zone Boundaries.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 19
SECTION 2 Page 1 of 7
SECTION 2 -
2.1 INTERPRETATION
2.1.1 Word Usage
A-2015
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)Unless the contrary intention appears, words importing the masculine gender only,
shall include females as well as males, and the converse.
c) The word "shall" is to be construed as being always mandatory and requires full
compliance.
d)-
particular Section of this By-Law.
2.1.2 Defined Terms
A-2015
Italicized terms within this By-law are defined in Section 3. Defined terms are intended to
capture both the singular and plural of forms of these terms. For non-italicized terms, the
normal 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 normal 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
A-2015
Where any Act or portion thereof is referenced in this By-law, 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 Reference to Zone Categories
2015
Section 6 to Section 17 inclusive comprise different zone categories that include one or more
zones. A reference made to a zone category includes all zones within that zone category.
2.1.5 Permitted Uses
A-2015
The uses permitted in a zone are found in tables that form part of this By-law. If a use is not
listed as a permitted use in the applicable zone, it is prohibited. The uses permitted are noted
zone and corresponding with the row for a
specific permitted usezone heading or
identified permitted use, indicates that one or more regulations apply to the use.
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) first draft C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 20
SECTION 2 Page 2 of 7
2.1.6 Prohibited Uses
A-2015
Alluses of land shall be considered a prohibited use unless specifically listed as a permitted
use in one or more zones of this By-law or as set out as a permitted use in Section 4.18.
2.1.7 Illustrations
A-2015
The illustrations contained within this By-law do not form a component of this By-law. The
illustrations are provided for convenience only and are intended to assist in understanding
the By-law.
2.1.8 Cross-References
A-2015
The Zoning By-law is to be read in its entirety and the relevant regulations are to be applied
to each situation. When more than one regulation is relevant, all of the relevant regulations
should be considered to understand how they work together. The language of each
regulation will assist in understanding how the regulations are to be implemented. While
specific regulations sometimes refer to other regulations, these cross-references do not take
away from the need to read the Zoning By-law as a whole.
2.2 ESTABLISHMENT OF CLASSIFICATIONS, ZONES AND OVERLAYS
The provisions of this By-law apply to all lands within the limits of the city as identified in Section
1.4 of this By-law. The identified lands have been placed within one or more of the following
zones:
Table 2-1: Zones in the City of Kitchener Zoning By-law
ZoneSymbol
Urban Growth Centre Zones (Section 6)
B-2016
City Centre DistrictUGC-1
Civic DistrictUGC-2
Innovation DistrictUGC-3
Market DistrictUGC-4
Residential Zones (Section 7)
To be determined through future component
Mixed Use Zones (Section 8)
A-2015
Low Density Mixed Use MIX-1
Urban Corridor-High Density Mixed Use MIX-2
Node-High Density Mixed Use MIX-3
Major Transit Station Area -High Density Mixed Use MIX-4
Existing
S 7, 8, 9,
Commercial Zones (Section 9)
10, 11, 12,
Local CommercialCOM-1
13, 13A
General CommercialCOM-2
Modified
Arterial Corridor -CommercialCOM-3
Commercial CampusCOM-4
Major Transit Station Area -CommercialCOM-5
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) first draft C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 21
SECTION 2 Page 3 of 7
Table 2-1: Zones in the City of Kitchener Zoning By-law
ZoneSymbol
Employment Zones (Section 10)
Neighbourhood Industrial EmploymentEMP-1
General Industrial EmploymentEMP-2
A-2015
Heavy Industrial Employment EMP-3
Service Business Park Employment EMP-4
General Business Park EmploymentEMP-5
Institutional Zones (Section 11)
Community Institutional ZoneINS-1
C-2016
Major Institutional ZoneINS-2
AgricultureZones (Section 12)
Existing
Prime Agriculture AGR-1
S. 34
RuralAGR-2
Modified
A-2015
Natural Heritage Conservation Zones (Section 13)
Natural Heritage ConservationNHC-1
A-02015
Existing Use Floodplain Zones (Section 14)
A-02015
Existing Use Floodplain EUF-1
Recreation Zones (Section 15)
A-02015
Recreation REC-1
Major Infrastructure and Utility Zones (Section 16)
B-2016
Major Infrastructure and UtilityMIU-1
Stormwater Management Facility Zones (Section 17)
A-2015
Stormwater Management Facility SWM-1
Overlays (Section 18)
2.3 USE OF ZONE SYMBOLS
A-2015
The zone symbols as set out in Section 2.2 may be used in to the By-law represent the zones.
The zone symbols may be used to refer to lots,buildings,andstructures and to the use of lots,
buildings,andstructures permitted by this By-law. Special Provisions, Holding Provisions,
Temporary Use Zones, and Interim Control Zones are contained in Appendix C to Appendix G
of this By-Law.
2.4 INCORPORATION OF APPENDICES
B-2016
Appendix A, Appendix B, Appendix C, Appendix D, Appendix E, Appendix F, Appendix G,
Appendix H and Appendix I attached hereto are hereby incorporated in and are declared to form
part of this By-law.
2.4.1 Appendix A - Zoning Grid Schedules
A-2015
The location, extent, and boundaries of all the zones are shown on Zoning Grid Schedules 1-
297 of Appendix A. These Schedules, together with notations and references shown thereon,
form part of this By-law.
2.4.1.1 Overlays
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) first draft C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 22
SECTION 2 Page 4 of 7
a) Overlays are shown on Schedules in Appendix A with a hatching over top of
the underlying zones.
b) Where lands are subject to an overlay, the provisions of both the overlay and
the underlying zone apply. In the event of a conflict between the overlay and
the underlying zones, the overlay regulations will supersede the regulations of
the underlying zone.
2.4.2. Appendix B - Property Detail Schedules
A-2015
Where a numerical reference enclosed by a square appears on the Zoning Grid Schedules of
Appendix Azoning
map and shown in Appendix B,which Schedules more particularly show the boundary of the
zone and the lands affected by such zone boundary. The said numeric reference represents
the schedule numberreferenced in Appendix B.
2.4.3. Appendix C - Special Use Provisions for Specific Lands
A-2015
Zoning Grid Schedules of
Appendix A, the special use provisions as set out in Appendix C apply to all of the lands
encompassed within the zone boundary. The numerical reference represents the subsection
number in Appendix C with the special use provisions as set out thereunder.
2.4.4. Appendix D - Special Regulation Provisions for Specific Lands
A-2015
Where a numerical referZoning Grid Schedules of
Appendix A, the special regulation provisions as set out in Appendix D apply to all of the
lands encompassed within the zone boundary. The numerical reference represents the
subsection number in Appendix D with the special regulation provisions as set out
thereunder.
2.4.5. Appendix E - Temporary Use Provisions for Specific Lands
A-2015
Appendix A, the special regulation provisions as set out in Appendix E apply to all of the lands
encompassed within the zone boundary. The numerical reference represents the subsection
number in Appendix E with the temporary use provisions as set out thereunder.
2.4.6. Appendix F - Holding Provisions for Specific Lands
A-2015
n the Zoning Grid Schedules of
Appendix A, the special regulation provisions as set out in Appendix F apply to all of the lands
encompassed within the zone boundary. The numerical reference represents the subsection
number in Appendix F with the holding provisions as set out thereunder.
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) first draft C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 23
SECTION 2 Page 5 of 7
2.4.7. Appendix G - Holding Provisions for Services and Roadworks
A-2015
a)
of Appendix A, the holding provisions pertaining to services and/or roadworks as
defined in Section 2.4.7.3
encompassed within the zone boundary. The numerical reference represents the
subsection number in Appendix G with the specific holding provisions as set out
thereunder.
b) No person shall develop or redevelop lands specifically described in Appendix G to
which holding provisions apply, for uses specifically set out therein until the municipal
services and/or roadworks required have been provided and the holding symbol has
been removed by by-law.
c) When the municipal services and/or roadworks required in each instance have been
provided, holding symbols affecting one or more particular uses will be removed by by-
law.
2.4.7.1. Letter Symbols for Municipal Clearances
A-2015
"R" means that a clearance letter is required from the Region advising the City that
adequate Regional services and/or roadworks are "available" or that "acceptable
arrangements" have been made therefor. Such Regional services and/or roadworks are
identified by letter symbols contained in round parentheses following "R".
"K" means that a clearance letter is required from the City advising that adequate City
services and/or roadworks are "available" or that "acceptable arrangements" have been
made therefor. Such City services and/or roadworks are identified by letter symbols
contained in round parentheses following "K".
2.4.7.2. Letter Symbols for Municipal Services and Roadworks
A-2015
The following letter symbols contained in round parentheses identify the municipal services
and/or roadworks that are deficient within or unavailable to the affected lands:
(F) Full Municipal Services
(WM) Watermain
(S) Sanitary Sewer/Pumping Station/Forcemain
(SW) Storm Water Facilities
(W) Water Supply
(ST) Sewage Treatment Capacity
(SC) Sanitary Sewer Capacity
(R) Road Extension/Road Improvement
(T) Traffic Control Measures
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) first draft C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 24
SECTION 2 Page 6 of 7
A-2015
2.4.7.3. Definition of Terms
a) "Full Municipal Services" includes the provision of adequate watermains, sanitary
sewer/pumping station/forcemain, storm sewers, and City road extension/road
improvement.
b) "Acceptable Arrangements" means that the necessary agreements for the provision of
services and/or roadworks have been entered into with the City or Region, as the case
may be and registered on title, engineering design has been approved, and the relevant
municipality has received the necessary and related financial guarantees.
c) "Available" means the necessary provision of municipal services and/or roadworks to
the level of construction, state of completion or period of commissioning as the Region
or the City, as the case may be, determines to be appropriate.
d) "Road Improvement" means all of the following: hard-surfaced street and any widening
thereof, curb and gutter, boulevard landscaping including street trees and sidewalks
subject to any reduction in requirements as approved by the City in the case of a City
road or the Region in the case of a Regional road.
e) "Traffic Control Measures" means all of the following: turning lanes, slip-off lanes,
median barriers and signalization redesign, relocation or improvements subject to any
reduction in requirements as approved by the City in the case of a City road or the
Region in the case of a Regional road.
2.4.8. Appendix H - Grand River Conservation Authority Regulated Area
A-2015
The Grand River Conservation Authority Regulated Area, as delineated on Appendix H,
illustrates areas that may be regulated under Ontario Regulation 150/06. The actual
regulated area may differ from the area shown on Appendix H, which is shown for
informational purposes and the regulated area, as determined by the Grand River
Conservation Authority, shall prevail.
2.4.9. Appendix I Planning Around Rapid Transit Stations (PARTS) Areas
B-2016
The Planning Around Rapid Transit Stations (PARTS) Areas, as delineated on Appendix I,
are delineated for the purposes of Section 5: Parking, Loading and Stacking. The actual
PARTS Areas may differ from the area shown on Appendix I, which is show for information
purposes.
2.5 ZONE BOUNDARIES
A-2015
When determining the boundary of any zone as shown on Zoning Grid Schedules 1-297 of
Appendix A, forming part of this By-law, the following provisions shall apply:
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) first draft C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 25
SECTION 2 Page 7 of 7
a) a boundary indicated as following a highway, road, 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) a boundary indicated as following lot lines or the municipal boundaries of the city shall
follow such lot lines or boundary;
c) where the boundary appears to follow the limit of a lot as existing as of the date of the
passing of this By-law or any relevant amending by-law, such lot limit shall be
deemed to be the zone boundary.
d) where a zone boundary is left uncertain after reference to Section 2.5.a) through c),
Appendix "B" and the distance from existing lot lines orstreets is not indicated, the
zone boundary shall be scaled from the Zoning Maps including Property Detail
Schedules and Mapping, Studies and Reports referenced therein.
A-2015
2.5.1 Refinement of Zone Boundaries
The precise delineation of natural hazards and natural heritage features will be determined
through the development review process, and in consultation with the appropriate public
agencies. Minor refinements to the boundary of:
a) the Existing Use Floodplain (EUF-1) Zone resulting from refinements of the
boundaries of natural hazards will not require an amendment to this By-law where
such refinements are supported through appropriate technical studies and/or
assessments, site plans and/or other plans as required and approved by the Grand
River Conservation Authority.
b) the Natural Heritage Conservation (NHC-1) Zone and the Flooding Hazard, Slope
Erosion, Significant Wildlife Habitat and Significant Landforms and Ecological
Restoration Areas Overlays resulting from refinements of the boundaries of natural
heritage features and/or natural hazards will not require an amendment to this By-law
where such refinements are supported by approved Environmental Impact Studies or
other appropriate studies.
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) first draft C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 26
Page 1 of 24
SECTION 3 - Definitions
A-2015
A
Deleted
AboveGrade
Access Aisle – means the space abutting parking spaces or class A or class B bicycle parking
B-2016
stalls that allows persons to access their vehicles.
Accessory – means a use or building that is commonly incidental, subordinate and is exclusively
A-2015
devoted to the principaluse(s) or primary building(s) situated on the same lot.
Adult Sex Film Theatre – means the use of an establishment or part thereof, for a fee, for the
A-2015
making of or showing of films classified as adult sex film by the Ontario Film Review Board.
Agriculture – means a premisesused for the growing of crops, including nursery, biomass, and
Existing
horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry
Modified
and fish, aquaculture; apiaries; agro-forestry; maple syrup production; vertical farming; and
associated on-farm buildings and structures, including, but not limited to livestock facilities, manure
storages, and value-retaining facilities.
Agriculture-Related – means commercial and industrial uses that are directly related to, and
New
supportagriculture, 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 may include
storage or processing of food grown in the area, and farm input supplies such as feed, seeds and
fertilizer, but shall not include major equipment supply and service orequestrian establishment.
Amusement Arcade – means a building where arcade games are provided for a fee for public
A-2015
amusement, which accommodates three or more persons capable of playing simultaneously.
Amusement Park - means a premises wherein rides, slides, play facilities, games of chance or skill
New
are provided for a fee for public amusement and may include a water park, go-cart track, paintball
facility or miniature golf facility.
Animal Shelter – means a premises where lost, abandoned or rescued animals are boarded for the
New
purposes of care, claiming or adoption.
Arcade Game – means a machine, device, or contrivance or part thereof designed for public
A-2015
amusement for the participation of one person, for a fee, excluding a machine that provides musical
entertainment, rides, food or drink or a billiard table. For the purposes of regulating the number of
games, the number of arcade games shall be equal to the maximum number of players able to be
accommodated at any one time.
Architectural Features – means window sills, chimney breasts, belt courses, cornices, parapet,
A-2015
eaves, and other similar features.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 27
Page 2 of 24
Art Gallery – means a premises use for the preservation and exhibition of sculptures, paintings,
B-2016
photographs and other similar works for public viewing together with the accessory retailing of these
works.
Artisan’s Establishment – means an establishment used for the study or instruction of a
A-2015
performing or visual art such as dancing, music or painting or the workplace of an artisan such as a
painter, sculptor, photographer, dressmaker or tailor together with the accessory retailing of
paintings, sculpture, photography or handcrafts.
Attic – means the uninhabitable portion of a building or structure that is immediately below the roof
A-2015
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.
Auditorium – means a premises used for athletic, civic, education, political, religious or social
C-2016
events.
Automotive Detailing and Repair Operation – see Repair Operation, Automotive Detailing and
A-2015
Deleted
Automobile
B
ServiceStation
BelowGrade
Basement – means any enclosed portion of a building that is located wholly or partially below grade.
A-2015
Bed and Breakfast – means a single-detached dwelling that provides overnight accommodation of
A-2015
the traveling public or temporary living accommodations for a fee and shall not include a hotel,
lodging house,group home,hospital,small residential care facility or largeresidential care facility.
Bicycle Locker – means an individual bicycle storage unit that is weather protected, enclosed and
B-2016
operated by a controlled access system.
Biotechnological Establishment – means premises used for the research, development,
A-2015
application, and production of bio–organisms, which may or may not be used in a manufacturing
process, and shall in no way be construed to be the slaughtering, eviscerating, rendering, or
B-2016
cleaning of meat, poultry, or fish or by–products thereof, or animal husbandry, or the raising of
Deleted
animals.
Bonus Floor
Area
Bonus Value – means the additional floor space ratio that may be provided on a lot in exchange for
B-2016
facilities, services or matters.
Brewpub – means a restaurantthat includes accessory brewing or production of beer to a
B-2016
maximum of thirty (30) percent of the gross floor area of the building and may include the accessory
retailof goods.
A-2015
Building – means a structure occupying an area greater than 10.0 square metres and consisting of
any combination of walls, roof, and floor.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 28
Page 3 of 24
Building Floor Area – means the aggregate horizontal floor area measured from the exterior walls
A-2015
of all the floors or storeys of a building excluding any floor area located totally below grade or within
anattic. The midpoint of a common wall shall be considered the face of the exterior in the case of
common walls located on a property line.
Building Height – means the vertical distance between the finished grade level at the perimeter of
A-2015
thebuilding and the uppermost point of the building.
Building Material Supply – means a premisesused for the retail of lumber and/or building supplies
A-2015
including, but not limited to, roofing, masonry, plumbing, heating, electrical, paint and similar items.
Building material supply may include a propane cylinder handling facility and the sale of tools and
equipmentused in the building trades as accessory to the main retailuse,but does not include a
home improvement store.
Bulk Fuel and Oil Storage Establishment – means a premisesused for the bulk storage or
A-2015
wholesale distribution of gasoline, oil, petroleum products or other flammable liquids, but shall not
include a Gas Station.
A-2015
Deleted
Cellar
C
Campground – means a premises providing for the public temporary accommodation of
A-2015
recreational vehicles or tents or similar facilities for recreational or vacation use.
Car Wash – means a premises,include stacking lanes,used or designed to be used for the
A-2015
cleaning of motor vehicles but shall not include cleaning of commercial vehicles. An automatic car
Modified
washshall be considered a drive-through facility.
Catering Service Establishment – means a premisesused for the preparation of food or
A-2015
beverages for consumption off the premises and are not served to customers on the premises or for
take-out and are delivered elsewhere.
Cemetery – means a premises used for the interment of human remains and includes a
C-2016
mausoleum, columbarium, or other structure intended for the interment of human remains. A
cemetery may include an accessory crematorium.
A-2015
City – means the Corporation of the City of Kitchener.
city – means the geographic area comprising Kitchener.
A-2015
Cluster Townhouse Dwelling – see Dwelling, Cluster Townhouse
A-2015
Coach House Dwelling Unit –See Dwelling Unit, Coach House
New
Commercial Driver and Training Establishment – means a premises where teaching or
Deleted
instruction of commercial vehicles and heavy equipment is offered for profit or gain.
Canine and
Feline
Grooming,
replaced with
Pet Services
Establishment
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 29
Page 4 of 24
Commercial Entertainment - means a building, or part thereof,devoted to the offering of facilities
Existing
for the entertainment of the public and may include a cinema, theatre (but shall not include an Adult
Modified
Sex Film Theatre), an amusement arcade, billiard room, bowling alley, bingo hall, electronic or laser
game, sport simulators, miniature golf facility, paintball facility, go-cart track and/or play facility, but
shall not include an amusement park.
Commercial Parking Facility – means a premises available for public and/or private use, whether
Existing
or not for compensation, for the temporary parking of motor vehicles, with such use forming the
Modified
principal use of the premises. A commercial parking facility may include tandem parking spaces. A
commercial parking facility shall not include the storage of motor vehicles.
A-2015
Commercial School – see School, Commercial
Deleted
Commercial
Recreation
Commercial Vehicle – see Vehicle, Commercial
A-2015
Commercial Vehicle Wash Facility – means a car wash for commercial vehicles.
Commercial Water Taking – means a use of land where water is extracted from surface or ground
A-2015
water and where some or all of such extracted water is transported from the site for sale.
Community Centre – means a premise that offers two or more programs of a recreational, cultural,
C-2016
community service, information or instructional nature and may include a library, and/or swimming
facility.
Community Garden – means a portion of public or private land, used by the community for the
New
purpose of producing plants and/or food for personal and local consumption.
Computer, Electronic or Data Server or Processing Establishment – means a premises used for
A-2015
software development and testing, or for the collection, analysis, processing, storage or distribution
of electronic data.
Conference, Convention or Exhibition Facility - means a premises having facilities for
B-2016
conferences, conventions, seminars, banquets or similar activities as well as product and trade fairs
Modified
and similar exhibitions for the sale of goods, except livestock, on an intermittent basis and may
include dining facilities to serve participants.
Continuing Care Community – means a premises that is planned, developed, managed and
C-2016
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 – see Lot, Corner
Corner Visibility Triangle – means a triangular area formed within a corner lot by the intersecting
B-2016
street lines or the projections thereof and a straight line connecting them 7.5 metres from their point
of intersection.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 30
Page 5 of 24
Correctional Group Home – see Group Home, Correctional
Craftsperson Shop – means an establishment used for the creation, finishing, refinishing or similar
A-2015
production of custom or hand–made commodities, together with the retailing of such commodities.
Crematorium – means a building, or part thereof, used for the purpose of cremating human remains
C-2016
that is approved under the Funeral, Burial and Cremation Services Act.
Cultural Facility – means a premises used for the creation, production and viewing of arts and
C-2016
culture and may include a museum, performing arts venue, 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
A-2015
Ontario Heritage Act or listed on the Municipal Heritage Register, properties 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 a facility licensed under Provinciallegislation that accommodates a
A-2015
minimum of six children, for the purpose of providing temporary care for a continuous period of time
not exceeding twenty–four hours.
Day Care, Private Home – means the temporary care of five children or less at any one time, where
such care is provided for a fee in a dwelling unit, other than the home of a parent or guardian of such
child, for a continuous period of time not exceeding twenty-four hours.
Discarded Motor Vehicle – see Vehicle, Discarded Motor
Display Window – means any window which provides clear visibility from the outside to goods,
A-2015
exhibits or the interior of the building, has a vertical dimension of not less than 1.4 metres and has a
base not more than 0.8 metres above grade for the entire width of the window.
Drive Aisle – means an internal vehicle route immediately adjacent to parking spaces and/or
B-2016
loading spaces which provides direct vehicular access to and from parking spaces or loading spaces
and shall not include a driveway.
Drive–through facility – means a premises, including stacking lanes and an order menu station
B-2016
with or without voice communication, where products or services are provided through a service
Modified
window or an automated machine to persons remaining in their motor vehicle. The principal use of
thedrive-through facility must be a permitted use. A drive-throughfacility shall include an automatic
car washbut shall not include a gas station.
Driveway – means an area of land that provides vehicular access from a street or lane to a drive
A-2015
aisle or parking space.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 31
Page 6 of 24
Driveway Visibility Triangle – means a triangular area formed within a lot by the intersection of any
B-2016
driveway line and a lot line, or the projections thereof, and a straight line connecting them 4.5 metres
from their point of intersection.
Dwelling – means a building containing one or more dwelling units.
A-2015
Dwelling Unit, Coach House – means a dwelling unit existing on January 24, 1994 within an
Existing
accessorybuilding or portion thereof.
Modified
Dwelling, Cluster Townhouse – means a dwelling divided vertically into three or more dwelling
units by common walls which prevent internal access between dwelling units and extend from the
base of the foundation to the roof line and for a horizontal distance of not less than 35 percent of the
horizontal depth of the building. This shall not include a street townhouse dwelling or multiple
dwelling.
Dwelling, Duplex – means a dwelling containing two dwelling units, but not including a semi–
A-2015
detached dwelling.
Dwelling, Farm-Related – means a dwelling that is accessory to agriculture.
New
Dwelling, Multiple – means a dwelling containing three or more dwelling units but shall not include
A-2015
asemi-detached duplex dwelling,street townhouse dwelling, or cluster townhouse dwelling or other
forms of townhouse dwellings such as, but not limited to, stacked townhouse dwelling and back-to-
back townhouse dwelling.
Dwelling, Semi–Detached – means a dwelling divided vertically into two semi–detached units by a
common wall that prevents internal access and extends from the base of the foundation to the
roofline and for a horizontal distance of not less than 35 percent of the horizontal depth of the
building. Each semi-detached unit shall be designed to be located on a separate lot having individual
vehicular access to and frontage on a street or lane.
Dwelling, Semi–Detached Duplex – means a dwelling divided vertically into one semi–detached
unit and one semi–detached duplex unit, or into two semi–detached duplex units, by a common wall
which prevents internal access and extends from the base of the foundation to the roof line and for a
horizontal distance of not less than 35 percent of the horizontal depth of the building. Each semi-
detached unit shall be designed to be located on a separate lot having individual vehicular access to
and frontage on a street or lane
A-2015
Dwelling, Single Detached – means a dwelling containing one dwelling unit.
Dwelling, Street Townhouse – means a dwelling divided vertically into three or more dwelling units
by common walls which prevent internal access between dwelling units and extend from the base of
the foundation to the roof line and for a horizontal distance of not less than 35 percent of the
horizontal depth of the building. Each townhouse shall be designed to be on a separate lot having
individual vehicular access to a street. This shall not include a cluster townhouse dwelling or multiple
dwelling.
Dwelling Unit – means a room or suite of habitable rooms which:
A-2015
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 32
Page 7 of 24
i) is located in a dwelling;
A-2015
Deleted
ii) is occupied or designed to be occupied by a household as a single, independent and
Semi-
Detached
separate housekeeping establishment;
Duplex
House, Semi-
iii) contains both a kitchen and bathroom for the exclusive common use of the occupants
Detached
House
thereof; and,
iv) has a private entrance leading directly from outside the building or from a common hallway or
stairway inside the building.
Duplex Dwelling – see Dwelling, Duplex
A-2015
E
Easement – means estate in land under which a person has the right to use the real property of
A-2015
another.
Electrical Transformer Station – means a premises used to manage the transmission and
B-2016
distribution of electrical power that is provided to the public.
Electric Vehicle Battery Charging Station –means a device that serves the primary purpose of
B-2016
transferring electric energy by conductive or inductive means to a battery or other energy storage
device in an electric vehicle.
Elementary School – See School, Elementary
Environmental Impact Study – means a study conducted prior to development, redevelopment, or
A-2015
site alteration in order to investigate potential environmental impacts of the proposed development,
redevelopment, or site alteration.
Equestrian Establishment – means a premises where horses are boarded, groomed, and/or
New
available for riding, and training.
A-2015
Exhibition Facility – means a place which is used to house an exhibition, operated over a duration
Deleted
of four consecutive weeks or less and limited to only those exhibitors registered with the
Education
organization holding the exhibition. The retailing of goods, materials or services, including motor
Establishment
vehicles and major recreational equipment, associated with the exhibition may be permitted in such
a facility subject to municipal licencing requirements where applicable. An exhibition facility shall in
no way be construed to include a conference or convention facility.
Existing – means legally existing on the day of the passing of this Bylaw.
A-2015
Exterior Lot Line – see Lot Line, Exterior Side
Exterior Side Yard – see Yard, Exterior Side
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 33
Page 8 of 24
F
Facade– means a building wall or series of building walls addressing a street excluding
A-2015
architectural features.
Facade Height – means the vertical distance between the base of the facade at finished grade level
A-2015
and top of the facade.
Farm-Related Dwelling – See Dwelling, Farm-Related
New
First Storey – See Storey, First
Fineblanking – means a metal manufacturing process employing a high precision blanking or
A-2015
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 a building, or part thereof, which is used to provide for financial
B-2016
services in which money is deposited, kept, lent or exchanged, including accessory clerical functions
and shall include a bank, trust company, credit union or other similar banking service and shall not
include a payday loan establishment.
A-2015
Fitness Centre – means a premises in which facilities and activities are provided for physical
exercise and may include exercise classes and associated facilities such as a sauna, retail store,
office space, and related lounge facilities.
Flooding Hazard – means the inundation, under the conditions specified below, of areas adjacent
A-2015
to a shoreline or a river or stream system and not ordinarily covered by water. The flooding hazard
limit is the greater of:
a) the flood resulting from the rainfall actually experienced during a major storm such as the
Hurricane Hazel storm (1954) or the Timmins storm (1961), transposed over a specific
watershed and combined with the local conditions, where evidence suggests that the storm
event could have potentially occurred over watersheds in the general area;
b) the one hundred year flood;
c) a flood which is greater than a) or b) which was actually experienced in a particular
watershed or portion thereof as a result of ice jams and which has been approved as the
standard for that specific area by the Province; and,
d) except where the use of the one hundred year flood or the actually experienced event has
been approved by the Province as the standard for a specific watershed (where the past
history of flooding supports the lowering of the standard).
Floodplain – for watercourses and small inland lake systems, means the area usually low lands
A-2015
adjoining a watercourse, which has been or may be subject to flooding hazards.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 34
Page 9 of 24
Floodproofing Standard – means the combination of measures incorporated into the basic design
A-2015
and/or construction of buildings,structures, or properties to reduce or eliminate flooding hazards
along watercourses and small inland lakes.
Floodway – for watercourses and small inland lake systems, means the portion of the floodplain
A-2015
where development and site alteration would cause a danger to public health and safety or property
damage.
Floor Space Ratio – means the figure obtained when the building floor area on a lot is divided by
A-2015
thelot area. In the case of a building or part thereof located above a street or lane, calculation of the
floor space ratio shall include that portion of the building floor area and that portion of the area of the
street or lane between the lot line and the centre line of the street or lane.
Food Store – means a premises devoted primarily to the retail of food products and may include
A-2015
ancillary non-food products such as toiletries, personal care products and hardware.
Freestanding Retail Outlet – see Retail Outlet, Freestanding
Front Lot Line – see Lot Line, Front
Front Yard – see Yard, Front
Funeral Home – means a building, or part thereof, used for the preparation of human remains for
C-2016
interment or cremation, for the viewing of the body, and for funeral services. A funeral home may
include an accessory crematorium.
G
Garden Centre, Nursery, and/or Landscaping Supply – means a premisesused primarily for the
A-2015
display and retail sales of plants, trees and shrubs, gardening and landscaping supplies and
equipment.
A-2015
Garden Suite – means a one–unit detached residential structure containing bathroom and kitchen
Deleted
facilities that is ancillary to an existing residential structure and that is designed to be portable.
Gas Bar
Gas Station – means a premises that retails automotive fuel and other auto–related products and
A-2015
may include the retail of other accessoryconvenience retail and propane retail but shall not include
automotive detailing and repair operation.
Golf Course – means a public or private area operated for the purpose of playing golf and may
A-2015
include an indoor or outdoor driving range, a putting green and similar uses but does not include
miniature golf facility. May also include accessory uses such as a clubhouse, a restaurant, banquet
facility, fitness centre and retail store.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 35
Page 10 of 24
Grade – means the elevation of the finished ground or land immediately surrounding such building
A-2015
orstructure and is determined by averaging (6) six 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
A-2015
exterior walls of all floors of a building (excluding any floor area having a ceiling height of 1.8 metres
or less or devoted exclusively to parking) within all buildings on a lot.
Group Home – means a residential care facility licensed or funded under federal or provincial
C-2016
statute for the accommodation of three (3) to ten (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, Correctional – means a residential care facility licensed or funded under federal or
C-2016
provincial statute for the accommodation of three (3) to ten (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
A-2015
Deleted
home shall not include a group home.
Highest
Finished Grade
Holding
H
Provision
Health Clinic – means a premisesused by one or more health professionals for the purpose of
A-2015
consultation, diagnosis, and/or treatment of persons. It may include ancillary administrative offices,
waiting rooms,treatment rooms, medical laboratories, dispensaries, or other similar facilities but
shall not include accommodation for in–patient care or facilities for major surgical practice. The sale
of health products accessory to the practice of a health professional shall be permitted only in the
same unit of the building occupied by the health professional(s).
Health Office – means a premises used by a maximum of two health professionals for the purposes
A-2015
of provide consultation, diagnosis and/or treatment of persons.
Health Professional – means an individual who practices any of the health disciplines regulated
A-2015
under a Provincial Act.
Heavy Repair Operation – see Repair Operation, Heavy
Home Improvement Store – means a retailstore in which housewares and a wide range of
A-2015
materials, merchandise and equipment for construction and home improvement are offered for sale
or rent.
Home Industry – means an industrial use that is accessory to agriculture on the same lot.Home
New
industry may include craftsperson shop,manufacturing, and light repair operation.
Home Occupation – means a business conducted on a lotused for residential purposes that is
A-2015
secondary to the use of the dwelling unit as a primary residence.
Hospice– means a residential facility where terminally ill patients receive palliative care treatment in
A-2015
a home–like setting with a maximum of ten patients at any given time.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 36
Page 11 of 24
Hospital – means a premises established for the maintenance, observation, medical care and
C-2016
supervision and skilled nursing care of persons afflicted with or suffering from sickness, disease, or
injury or for the convalescent of chronically ill persons that is approved under the Public Hospitals
Act or under the Private Hospitals Act.
Hotel– means a building or part thereof usedovernight accommodation of the travelling public and
A-2015
includes a motel or motor hotel but does not include a lodging house,small residential care facility,
Modified
large residential care facility or bed and breakfast.
I
Individual On–site Sewage Services – means sewage systems that are owned, operated and
A-2015
managed by the owner of the property upon which the system is located.
Industrial Administrative Office – means an office for the management or administration of an
A-2015
employment use.
Independent Living Facility – means a multiple dwelling that is part of a continuing care
C-2016
community and where personal support services may be provided
Indirect Sales – means a home occupation which conducts the sale of goods via mail order,
A-2015
telephone, fax, or a website, but shall not include direct sales or the storage of inventory on site.
Institutional Use – see Use, Institutional
Interior Lot Line – see Lot Line, Interior Side
Interior Side Yard – see Yard, Interior Side
J
K
A-2015
Deleted
Lowest
L
FinishedGrade
Landscaped Area – means any portion of lot which has no building thereon, that is accessible from
A-2015
thebuilding and street on which the lot is located, used for the purpose of landscaping and/or
outdoor swimming pool area.
Landscaping– means the landscaped area occupied by natural vegetation, surface walk, rooftop
A-2015
gardens, patios, decks, playgrounds, pathways and other similar materials.
Lane – means a public highway or road allowance having a width of less than 12.19 metres.
A-2015
Large Merchandise Retail – see Retail, Large Merchandise
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 37
Page 12 of 24
Light Repair Operation – see Repair Operation, Light
Loading Space – means a designated area located on a lot that is used or intended to be used for
A-2015
the temporary parking of any commercial vehicle while loading or unloading goods, merchandise, or
materials used in connection with the main use of the lot and which has an unobstructed access to a
street or lane.
Lodging House – means a dwelling unit where four or more persons not including a resident owner
A-2015
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. This shall not include a group home,
hospital or any small residential care facility or large residential care facility licensed, approved, or
supervised under any general or specific Act or a hotel. This shall include, but not be limited to,
student residences and convents.
Lodging Unit – means a room or set of rooms located in a lodging house or other dwelling designed
A-2015
or intended to be used for sleeping and living accommodation, which:
i) is designed for the exclusive use of the resident or residents of the unit;
ii) is not normally accessible to persons other than the residents or residents of the unit; and
iii) does not have both a bathroom and kitchen for the exclusive use of the resident or residents
of the unit.
Lot– means a parcel of land that can be legally conveyed pursuant to Section 50 of the Planning
A-2015
Act, R.S.O. 1990, C.P13 as amended.
Lot, Corner – means a lot situate at the intersection of and abutting two streets, or parts of the
A-2015
same street, the adjacent sides of which streetorstreets (or in the case of a curved corner, the
tangents of which) contain an angle of not more than 135 degrees.
A-2015
Lot, Through – means a lot bounded by streetson two opposite sides.
A-2015
Lot Area – means the total horizontal area within the lot lines of a lot.
Lot Coverage – means that percentage of the lot area covered by all buildings.
A-2015
Lot Line – means the line formed by the boundary of any lot.
A-2015
Lot Line, Exterior Side – means the lot line abutting a street that is not the front lot line.
A-2015
Lot Line, Front- means the lot line abutting a street with the following exceptions:
A-2015
a)In the case of a 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 and;
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 38
Page 13 of 24
b)In the case of a through lot, the shorter lot line abutting a streetshall 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.
Lot Line, Interior Side – means a lot line other than the front lot line,rear lot line or exterior side lot
A-2015
line.
Lot Line, Rear – means the lot line farthest from and opposite to the front lot line, or in the case of a
A-2015
triangularlot, shall be that point formed by the intersection of the side lot lines.
Lot Line, Side – means an exterior sidelot line and an interior side lot line
A-2015
Lot Width – means the horizontal distance between the side lot lines of a lot measured at the
A-2015
requiredfront yardsetback. Provided, however, that in the case of a lot that has a required front yard
setback of less than 6.0 metres, the lot width shall be measured at the 6.0 metre front yardsetback
distance.
Low Density Residential Uses – means single detached dwellings,duplex dwellings,semi-
A-2015
detached dwellings,street townhouse dwellings and cluster townhouse dwellings and low-rise
multiple dwellings.
M
Major Equipment Supply and Service – means the service and repair of, farm, construction and
A-2015
large business machines.
Major Office – see Office, Major
Major Recreational Equipment – means either a portable structure designed and built to be carried
A-2015
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 shall include, for
example, motor homes, travel trailers, tent trailers, boats, boat trailers, or other like or similar
equipment
Manufacturing – means a premisesused for the production, compounding, processing, packaging,
A-2015
crating, bottling, packing, finishing, treating, ornamenting, altering, fabricating or assembly of raw,
semi-processed or, fully-processed goods or materials. Manufacturing shall not include Commercial
Water Taking.
A-2015
Mixed Use Building – means a building with a dwelling unit and a non-residential use.
Mixed Use Development – means a development that collectively achieves a mix of compatible
A-2015
land uses either in the same or separate buildings. The mix of land uses may include various non-
residential land uses but must include residential uses.
Model Home – means a new uninhabited single detached dwelling,semi–detached dwelling, or
A-2015
duplex dwelling that is constructed to the requirements and provisions of the zoning category in
which the model home is proposed. The model home shall be situated on lands in a draft approved
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 39
Page 14 of 24
plan of subdivision, with or without service connections, for the purpose of display and sale of the
dwelling units.
Motor Vehicle – see Vehicle, Motor
Multiple Dwelling – see Dwelling, Multiple
Multi-Unit Building – means a building containing two or more non-residential uses within two or
A-2015
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
A-2015
uses 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.
Museum– means a premisesused for the exhibition, collection, or preservation of objects of
A-2015
cultural, historical, or scientific interest, primarily for the recreation or cultural education of the public.
N
Natural Heritage Conservation – means the use of land, water, and/or structures for the protection
A-2015
and management of the natural heritage system to yield the greatest sustainable benefit to current
and future generations. Natural heritage conservation uses may include the preservation,
maintenance, sustainable utilization, restoration, and enhancement of the natural environment; this
will include, for example, forest, fish, and wildlife management.
Nightclub – means a building that includes a dance floor and plays pre-recorded or live music for
B-2016
the entertainment of persons and may include an accessory restaurant or accessory retail of food
and beverages which are consumed on the premises.
Non-Complying – means a lot,building, or structure that does not comply with one or more of the
A-2015
regulations of this By-law.
A-2015
Non-Conforming – means a use that is not permitted in the zone in which the said use is situated.
Noxious Use – means a manufacturinguse which from its nature or from the manner of carrying on
A-2015
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 or a contaminant (as defined by the Environmental Protection
Act, R.S.O, C.E.19, as amended). A noxious use shall include, but not be limited to: beverage
distillation;manufacturing of asbestos, phosphate or sulphur products; primary production of
chemicals, synthetic rubber, plastic, asphalt, cement or concrete; processing or refining of petroleum
or coal; slaughtering, eviscerating, rendering or cleaning of meat, poultry or fish or by-products
thereof; smelting, refining, rolling, forging or extruding of ore or metal; stamping, blanking (excluding
fineblanking) or punch-pressing of metal; tanning or chemical processing of pelts or leather;
vulcanizing of rubber or rubber products; soil remediation facility; warehousing of hazardous, toxic or
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 40
Page 15 of 24
contaminated materials; a truck transport terminal containing hazardous, toxic or contaminated
materials.
O
Office– means a premises in which clerical, administrative, consulting, advisory, or training services
A-2015
are performed, but shall not include a health clinic,health office or commercial school.
Office, Major – means a freestanding officebuilding having a minimum gross floor area of 10,000
A-2015
square metres.
On-Farm Diversified – means an accessoryuse that includes home occupations, home industries,
New
agri-tourismuses, uses that produce value-added agricultural products, and retail of goods produced
or manufactured primarily on the premises. On-farm diversified may include the processing or
packaging of agricultural products, restaurant, and/or food store, but shall not include major
equipment supply and service orequestrian establishment.
Outdoor Active Recreation – see Recreation, Outdoor Active
A-2015
Deleted
Outdoor Area
Outdoor Passive Recreation – see Recreation, Outdoor Passive
Outdoor Storage – means the placement of goods, equipment, or materialson a lot not within a
A-2015
building.
P
Parcels of Tied Land – means any parcel of land legally bound and tied to a common element
A-2015
condominium.
Parking Lot – means an area located on a lot which contains four or more parking spaces.
B-2016
Parking Space – means an area on which a motor vehicle may be parked and which has access
B-2016
directly or by way of an aisle or ramp, to a public lane or to a street.
i)Angled Parking Space – means the orientation of a parking space in such a manner that
B-2016
the side of the vehicle when parked is at an angle to the aisle or ramp, lane or street.
ii)Parallel Parking Space – means the orientation of a parking space in such a manner that
B-2016
the side of the vehicle when parked is parallel to the aisle, ramp, lane or street which gives
direct access to such parking space.
iii) Tandem Parking – means the arrangement of two parking spaces such that it is necessary
B-2016
to traverse one space to gain vehicular access to the other from a public lane or street.
Parking Space, Barrier-Free Accessible – means a parking space provided for the use of persons
B-2016
with disabilities, pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c.
11 as amended.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 41
Page 16 of 24
Parking Space,Electric Vehicle – means a parking space that identifies the use to be for the
B-2016
parking of an electric vehicle and includes the conduit, wiring, structures, machinery, and equipment
necessary and integral to support an electric vehicle and shallincludeelectric vehicle battery
charging stations.
Parking Space,Electric Vehicle Ready –means a parking space that identifies the use to be for
B-2016
the parking of an electric vehicle and includes the conduit, wiring, structures, machinery, and
equipment necessary and integral to support an electric vehicle and may include electric vehicle
battery charging stations.
Parking Space,Visitor–means a parking space for the exclusive use of visitors to a premises.
B-2016
Parking Stall, Class A Bicycle – means an enclosed, secure area with controlled access on which
B-2016
a bicycle may parked and secured for the long term. Class A bicycle parking stalls may include
bicycle lockers.
Parking Stall, Class B Bicycle –means an area on which a bicycle may be parked and secured for
B-2016
the short term, in a stable position with two points of contact with the frame of the bicycle.
Pawn Establishment – means a building where a loan may be obtained on personal property held
B-2016
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, R.S.O 1990.
Payday Loan Establishment – means a building in which personal loans are provided to
B-2016
consumers and which is regulated under the Payday Loans Act, R.S.O 2008 and shall not include a
financial establishment.
Pet Boarding – means a premises used for theovernight accommodation of domestic animals. Pet
New
boarding may include pet services establishment but shall not include veterinary services or animal
shelter.
Pet Services Establishment – means a premises used for the grooming, training, care and
New
supervision of domestic animals during the day wholly within a building. Pet services establishment
shall not include pet boarding,veterinary services or animal shelter.
Person – means any human being, association, firm partnership, incorporated company,
A-2015
corporation, agent or trustee, and heirs, executors or other legal representatives of a person to
whom the context can apply according to law.
Personal Services – means the provision of services involving the health, beauty, or grooming of a
A-2015
person or the maintenance or cleaning of apparel and may include retail of goods accessory to the
personal service but does not include a pharmacy.
Pit– means the place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other
material has been, is being, or may be removed by means of an open excavation to supply material
for construction, industrial or manufacturing purposes, but does not include a wayside pit.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 42
Page 17 of 24
Place of Worship – means a premisesused by any religious organization for faith based spiritual
C-2016
purposes and faith based teaching and may include the following accessory uses; one dwelling unit,
a hall, a day care facility,asocial service establishment and/ or recreational functions.
Podium – means the ground floor and immediate floors above the ground floor of a building that
form the base section of a mid– to high–rise building.
Pool – means a structure that is designed and capable of holding a minimumof 0.91 metres or more
A-2015
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
A-2015
swimming, wading, diving or bathing.
Deleted
Portico
Post-Secondary School – See School, Post-Secondary
Premises – means the whole or part of lands, buildings, or structures, or any combination of these.
A-2015
Principal – means, when used to describe a use, the primary use carried out on the lot or within a
A-2015
building or structure, and, when used to describe a building or structure, means the building or
structure in which the primary use in conducted, or intended to be conducted.
A-2015
Printing or Publishing Establishment – means a premises in which books, newspapers,
periodicals, flyers or other printed materials are produced.
Print Shop – means a premisesused by the general public for photocopying, blueprinting, or
A-2015
binding and may include accessoryretail.
Deleted
Private Club or
Private Home Day Care – see Day Care, Private Home
Lodge
Propane Facility – means a retail outlet, filling plant, cardlock/keylock, private outlet, vehicle
A-2015
conversion centre, or cylinder handling facility where propane is handled.
Propane Cylinder Handling Facility – means any facility where propane in refillable cylinders is
A-2015
sold or otherwise distributed to end users.
Propane Retail Outlet – means any premises to which the public is invited at which propane is sold
A-2015
and is put into the fuel tanks of motor vehicles or into portable containers with a capacity exceeding
0.5 kg but not greater than 20.0 kg.
Province – means the Province of Ontario or one or more of its ministries or other agencies that
A-2015
exercise delegated authority on behalf of one or more ministries.
Public Use – see Use, Public
Public Works Yard – means a premises operated by or on behalf of the Federal or Provincial
B-2016
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 First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 43
Page 18 of 24
A-2015
R
Deleted
Religious
Institution,
Rear Lot Line – see Lot Line, Rear
Replaced by
Place of
worship
Rear Yard – see Yard, Rear
Recreation, Outdoor Active – means the use of land, water, buildings and/or structures for outdoor
A-2015
leisure and athletic activities and may include sport fields, parks and playgrounds, outdoor racquet
facilities and outdoor swimming facilities but does not include golf courses, stadiums, water slides,
wave machines, amusement parks or campgrounds.
Recreation, Outdoor Passive – means the use of land and/or water for non-intensive activities that
A-2015
are passive in nature such as access trails, boardwalks and footbridges, but does not include
campgrounds, or active outdoor recreational uses or golf courses.
Recycling Operation (Indoor) – means the processing of non-hazardous, non-toxic, or un-
A-2015
contaminated waste into re-usable materials that is contained wholly within a building(s).
Recycling Operation (Outdoor) – means a premisesused for the processing of non-hazardous,
A-2015
non-toxic, or un-contaminated waste into re-usable materials.
Refreshment Vehicle – see Vehicle, Refreshment
Region – means the Corporation of the Regional Municipality of Waterloo.
A-2015
Repair Operation, Light – means the servicing or repairing of household articles and appliances
A-2015
but does not include heavy repair operation,major equipment supply and service or automotive
detailing and repair operation.
Repair Operation, Heavy – means the servicing or repairing of mechanical equipment and shall
A-2015
include, but not be limited to, furnace or oil burners, water and air coolers and domestic water
heaters; fixtures and equipment and any other like articles, heavy and light construction equipment,
lawn care equipment but shall not include a light repair operation,major recreational equipment or
automotive detailing and repair operation.
Repair Operation, Automotive Detailing and – means the servicing, repair or detailing of motor
A-2015
Modified
vehicles but shall not include the retailofmotor vehicles.
Research and Development Establishment – means a premisesused for research, investigation,
A-2015
testing or experimentation including, but not limited to, laboratories, pilot plants, prototype production
facilities, software development, and engineering services.
Residential Use – see Use, Residential
Residential Care Facility, Large – means a building, or part thereof, that is occupied by nine (9) or
C-2016
more persons, exclusive of staff, who are provided personal support services on a temporary or
permanent basis in a supervised group setting and may include one or more amenity areas such as
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 44
Page 19 of 24
common dining, lounge, kitchen, and recreational area. A large residential care facility may include a
correctional group home, and/or group home, and/or retirement home.
Residential Care Facility, Small – means a building, or part thereof, that is occupied by three (3) to
C-2016
eight (8) persons, exclusive of staff, who are provided personal support services on a temporary or
permanent basis in a supervised group setting and may include one or more amenity areas such as
common dining, lounge, kitchen, and recreational area. A small residential care facility may include a
correctional group home, and/or group home, and/or retirement home.
Restoration, Janitorial or Security Services – means a premisesused to accommodate an
A-2015
enterprise that provides maintenance, restoration, cleaning, security or similar service to industry
and/or the public where such service is primarily conducted and/or provided off-site at the location in
need of such service.
Restaurant– means a premises where food and/or drink is prepared and sold for immediate
B-2016
consumption on or off-site and may include service on an accessory patio. A restaurant may include
afast food restaurant,take out restaurant and/or full service restaurant and may or may not include
adrive-through facility use.
Restaurant, Fast Food –means a restaurant where food and/or drinks are sold over a counter to its
B-2016
customers for consumption in the restaurant, for consumption in a motor vehicle on the premises, or
for consumption off the premises;
Restaurant, Take Out –means a restaurant that does not have seating capacity and where food
B-2016
and/or drinks are sold over the counter for pick-up by the consumer for consumption off the
premises, or delivers food and/or drinks directly to the consumer for consumption off the premises;
and
Restaurant, Full Service –means a restaurant that sells and serves food and/or drinks to patrons
B-2016
seated at tables, for consumption on the premises.
Retail – means a premises in which goods are displayed, rented, or sold. Retailmay include a
A-2015
pharmacy,food store, home improvement store andconvenience retail,but does not include retail
Modified
and/or storage of motor vehicles and major recreation equipment and parts and accessories.
Retail And/or Storage Of Motor Vehicles And Major Recreation Equipment And Parts And
New
Accessories - means a premises in which motor vehicles and major recreation equipment, and
parts and accessories thereto, are displayed, stored, sold, rented, and/or leased and which may
include an associated automotive detailing and repair operation.
Retail, Convenience – means a premises in which a variety of grocery, household items and other
A-2015
convenience goods are sold for consumer’s daily or occasional needs
Modified
Retail, Large Merchandise - means a premises in which primarily large or bulky goods are
New
displayed, rented, or sold. Large merchandise retail may include building material supply, garden
centre, nursery, and/or landscaping supply, home improvement store and major equipment supply
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 45
Page 20 of 24
and service but does not include convenience retail or retail and/or storage of motor vehicles and
major recreation equipment and parts and accessories.
Retail Outlet, Freestanding – means a building containing one retail store.
A-2015
S
Salvage or Scrap Yard – means a premisesused for the handling, storage, baling, packing,
A-2015
disassembly, buying or accessory sale of scrap material such as motor vehicles, machinery, or
building materials.
School, Commercial – means a premises where teaching or instruction is offered for profit or gain
A-2015
in subjects such as, but not limited to 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 elementary school,
secondary school or post-secondary school.
School, Elementary – means a provincially approved institution for academic instruction for
C-2016
kindergarten to grade eight including a public, private, or separate school but does not include a
commercial school.
School, Post-Secondary – means a premises used for educational purposes by a degree granting
C-2016
college or university under Provincial legislation but does not include a commercial school.
School, Secondary – means a provincially approved institution for academic instruction for grade
C-2016
nine to grade twelve including a public, private, or separate school but does not include a
commercial school.
Service Bay – means a repair or service area within a building able to accommodate one vehicle at
any given time.
Semi–Detached Dwelling – see Dwelling, Semi–Detached
Setback – means the minimum regulated distance measured at right angles between a lot line and
B-2016
the nearest part of any above gradebuilding,structure,parking space,parking lot, or driveway.
Shower and Change Facility – means a portion of a building containing shower rooms, and change
B-2016
rooms, or locker rooms, or other similar facilities.
Side Lot Line – see Lot Line, Side
Side Yard – see Yard, Side
Single Detached Dwelling – see Dwelling, Single Detached
Site Alteration – means activities that would change the landform or natural vegetative
A-2015
characteristics of a site such as tree removal, grading, excavation and the placement of fill.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 46
Page 21 of 24
Snow Disposal Site – means only those lands on which snow is placed after being brought to the
A-2015
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 a premise used by a non-profit organization or a registered
C-2016
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
B-2016
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
B-2016
to be used for the temporary queuing of a motor vehicle in a stacking lane.
Stepback – means the horizontal distance a buildingfaçade is recessed, on a horizontal plane, from
A-2015
thebuildingfaçade immediately below it.
Storage of Motor Vehicles – means the placement and stocking of motor vehicles on a lot not
A-2015
within a building. This may include a towing compound but does not include a Salvage or Scrap
Yard,Recycling Operation (Indoor), Recycling Operation (Outdoor) or the Storage of Discarded
Motor Vehicles.
Storm Water Management Facility – means a constructed system of drainage infrastructure
A-2015
designed to ensure that both the quantity and quality of storm runoff is managed to mitigate flood
risk and the potential for erosion in receiving water bodies and enhance the quality of the water
draining from paved/hard/urban surfaces into streams, wetlands and other receivers.
Storey – means the portion of a building,structure, or part thereof, that is situated between the top
A-2015
of any floor and the top of the floor next above it, and if 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 considered to be a storey.
A-2015 Storey, First – means the storey with its floor closest to grade and having its ceiling more than 1.8m
above grade.
Street– means a public highway greater than 12.19 metres as defined under the Highway Traffic
A-2015
Act or the Municipal Act which affords the principal means of 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 limit of the street allowance and is the dividing line between a lot and a
A-2015
street.
Street Townhouse Dwelling – see Dwelling, Street Townhouse
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 47
Page 22 of 24
Structure– means anything constructed or erected, the use of which requires location on or in the
A-2015
ground or attached to something having location on or in the ground but excluding an underground
servicing facility.
Studio – means a premisesused for the study or instruction of an art; or for the workplace and retail
A-2015
shop of a painter, sculptor or photographer; or for the making or transmission of motion pictures (but
shall not include an Adult Sex Film Theatre or the making of Adult Sex Films), radio or television
programs.
Surveying, Engineering, Planning, or Design Establishment – means a premisesused by
A-2015
professionals to provide technical consultation, analysis, advisory or administrative services.
A-2015
Deleted
T
Temporary Use
Provisions
Tourist Home
Temporary Farmers’ Markets –means outdoor food stands using temporary structures to sell food
products to the public for a maximum of two days per week. The foods sold would be primarily from
New
local sources, and may include processed foods such as jams and preserves.
Through Lot – see Lot, Through
Townhouse Dwelling Unit – see Dwelling Unit, Townhouse
A-2015
Tradesperson or Contractor's Establishment – means a premises in which manual or mechanical
A-2015
skills are used to build, install, maintain, or repair goods, equipment, or real property.
Transportation Depot – means a premises used for the dispatching of commercial motor vehicles
Existing
transporting goods or passengers and the parking and servicing of such commercial motor vehicles
Modified
when not in service.
Transportation Facility – means a premisesused for the maintenance and storage of public
B-2016
transportation vehicles and related equipment and may include a transportation depot.
Truck Transport Terminal – means a premisesused for the storage of commercially licensed
A-2015
motor 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.
U
Use– means:
A-2015
a) as a noun, the purpose for which any land, building, or structure is arranged, designed, or
A-2015
intended to be used, occupied or maintained.
Deleted
Type of Use
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 use of the said land, building or structure.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 48
Page 23 of 24
Use, Institutional – for the purposes of Section 18.2, means uses where there is a threat to the safe
A-2015
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.
Use, Public – means the useof any land, building orstructure by or on behalf of the Federal or
A-2015
Provincial governments, the Region, the Grand River Conservation Authority, or the City.
Use, Residential – means a building or portion thereof comprised of one or more dwelling units and
A-2015
includes: single-detached dwelling,duplex dwelling,semi-detached dwelling,semi-detached duplex
dwelling,street townhouse dwelling,cluster townhouse dwelling,multiple dwelling,coach house
dwelling unit,mixed use building and residential care facility.
Utilities – means an essential commodity or service such as water, sewer, electricity, gas, oil,
A-2015
television, or communications/telecommunications that is provided to the public by a regulated
company or government agency.
V
Vehicle, Commercial – means any motor vehicle having permanently or temporarily attached
A-2015
thereto a truck box or any other form of delivery body, tow trucks, tilt/n/load trucks, buses exceeding
7 metres in length and 4,000 kilograms in gross vehicle weight, and shall include, for example,
tractor trailers or semi–trailers and any component thereof, or other like or similar vehicle, but
excludesmajor recreational equipment and industrial equipment as otherwise defined and regulated.
Vehicle, Discarded Motor – means a motor vehicle which is unlicensed and/or a vehicle which is in
A-2015
disrepair, has missing parts, including tires, or damaged or missing glass, or deteriorated or
removed metal adjunctions which make its normal use impossible.
Vehicle, Electric – means a vehicle that is powered partially or exclusively on electrical energy from
B-2016
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
A-2015
vehicle.
Vehicle, Refreshment – means a vehicle that is licensed by the City as a Class A Refreshment
A-2015
Vehicle from which food or drink is offered for sale.
Veterinary Services – means a premisesused for the purposes of consultation, diagnosis, and
A-2015
treatment of animals and related boarding, grooming and accessoryretail of pet supplies.
A-2015
W
Deleted
Wholesaling
Warehouse – means a building, or part thereof, usedfor the storage and distribution of goods and
A-2015
may include self-storage warehouses and may include facilities for wholesaling or the accessory
Modified
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 49
Page 24 of 24
retailof goods otherwise stored or manufactured within the building, but shall not include a truck
transport terminal.
Waste Management Facility – means a premises used 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,
B-2016
recycling facility, incinerator, composting facility, waste transfer station or other like or similar uses
but shall not include a salvage or scrap yard.
Water and Wastewater Treatment Facility – means a premises used for the collection, treatment,
B-2016
storage and distribution of water or wastewater.
Wayside Pit – means a temporary pit opened and used by a public road authority solely for the
purpose of a particular project or contract of road construction and not located on the road right–of–
way.
X
Y
A-2015
Yard– means any open, uncovered, unoccupied area of a lot abutting a building.
Yard, Front – means a yard that extends across the full width of a lot between the front lot line and
A-2015
the nearest point of the principal building.
Yard, Rear – means a yard that extends across the full width of a lot between the rear lot line and
A-2015
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
A-2015
interior side lot line and the nearest point of the principal building.
Yard, Exterior Side – means a yard abutting a street on a corner lot that extends from the front yard
A-2015
to the rear yard from the exterior side lot line to the nearest point of the principal building.
A-2015
Yard, Side – means an exterior sideyard and an interior side yard.
Z
Zone – means a designated area of land shown on the Zoning Grid Schedules contained in
A-2015
Schedule A to this By–Law.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015 Component D(April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 50
SECTION 4 Page 1 of 23
SECTION 4 - General Regulations
Unless specifically exempted or regulated elsewhere in this By-law, the following regulations
shall apply to all lands covered by this By-law.
4.1 ACCESSORY BUILDINGS AND STRUCTURES
A-2015
a) Unless otherwise provided for in this By-law, no accessory building or structureshall
be used for human habitation.
b)Accessory buildings or structures to dwelling units having a maximum gross floor area
of less than10.0 square metres and a maximum building height of 3.0 metres are
permitted to locate in a required rear yard or a required interiorside yard; provided,
however, no parts thereof may encroach beyond the lot line.
c) For buildingsaccessory or structure tosingle detached dwellings,semi-detached
dwellings,duplex dwellings and street townhouse dwellings the maximum building
orstructure height shall be 5.5 metres, the maximum height of the underside of any
fascia shall be 3.0 metres and the maximum lot coverage shall be 15 percent.
d)Accessorybuildings or structures to dwelling units that have a gross floor area equal to
or greater than 10.0 square metres or a building height is greater than 3.0 metres shall
have a minimum interior side yard and minimum rear yard of 0.6 metres.
e)Accessorybuildingsor structures to dwelling units shall not be located in the front yard
orexterior side yard.
4.1.1 Attached Garages for Single Detached and Duplex Dwellings
The following provisions shall apply only to lots located within plans registered after May 29,
2000 being the date of passing of By-law 2000-86.
4.1.1.1 Garage Width
a) In no case shall the width of a garage attached to a single detached or duplex dwelling
exceed 70% of the width of the front façade closest to the street at ground level.
b) Notwithstanding the above, a storage alcove may be incorporated into the garage and
may extend beyond the 70% limit provided that:
i) the storage alcove is stepped back a minimum of 1.5 metres from the front
façade of the garage nearest to the street;
ii) the entire width of the garage including both the vehicular parking area and the
storage alcove shall not exceed 80% of the width of the façade at the ground
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 51
SECTION 4 Page 2 of 23
level (measured from the centreline of the interior garage wall to the outside of
the exterior wall); and,
iii) a man door is not located leading from the storage alcove to the outside along
the front façade.
4.1.1.2 Garage Side yard
a) A garage attached to a single detached or duplex dwelling located on a corner lot or
on a lot less than 10.4 metres wide may be erected within a required interior side yard
provided:
i) the minimum interior side yard is not less than 0.6 metres; and
ii) a 0.6 metre easement is granted by the owner of the abutting lands for the
maintenance of the garage walls, eaves, and real property.
4.1.1.3 Garage Projection
a) The maximum distance that the front façade of a garage attached to a single detached
orduplex dwelling, may project from the front façade of the habitable portion of the
dwelling, or the roofline of a covered porch extending the full width of the habitable
portion of the dwelling shall be as follows:
i) For lots less than 12.1 metres wide, 3.0 metres;
ii) For lots 12.1 metres wide or greater, not greater than the width of the front
façade of the habitable portion of the dwelling; and
iii) Notwithstanding clauses a) and b) above, where a portico is attached to the
garage and located between the front façade of the dwelling and the front
façade of the garage and extends the full width of the habitable portion of the
dwelling, the maximum distance that the front façade of the garage may
project ahead of the portico shall be 1.2 metres.
4.1.2 Attached Garages for Semi-Detached Dwellings
The following provisions shall not apply to a lot existing on August 28, 2006 provided a
building permit for the dwelling has been issued before December 31, 2006.
4.1.2.1 Garage Width
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
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SECTION 4 Page 3 of 23
a) In no case shall the width of a garage attached to a semi-detached dwelling unit
exceed 60% of the width of the front façade closest to the street at ground level.
b) Notwithstanding the above, a storage alcove may be incorporated into the garage and
may extend beyond the 60% limit provided that:
i) the storage alcove is stepped back a minimum of 1.5 metres from the front
façade of the garage nearest the street;
ii) the entire width of the garage including both the vehicular parking area and the
storage alcove shall not exceed 70% of the width of the façade at ground level
(measured from the centreline of the party wall to the outside of the exterior
wall); and,
iii) a man door is not located leading from the storage alcove to the outside along
the front façade.
4.1.2.2 Garage Projection
a) The maximum distance that the front façade of a garage attached to a semi-detached
dwelling unit may project from the front façade of the habitable portion of the dwelling,
or the roofline of a covered porch extending the full width of the habitable portion of the
dwelling, shall be 3 metres.
b) Notwithstanding the above, where a portico is attached to the garage and located
between the front façade of the dwelling and the front face of the garage and extends
the full width of the habitable portion of the dwelling, the maximum distance that the
front façade of the garage may project ahead of the portico shall be 1.2 metres.
4.1.3 Attached Garages for Street Townhouse Dwellings
The following provisions shall not apply to a lotexisting on August 28, 2006 provided a
building permit for the dwelling has been issued before December 31, 2006.
4.1.3.1 Garage Width
a) In no case shall the width of a garage attached to a street townhouse dwelling unit
exceed 70% of the width of the front façade closest to the street at ground level.
4.1.3.2 Garage Projection
a) The maximum distance that the front façade of a garage attached to a street
townhouse dwelling unit may project from the front façade of the habitable portion
of the townhouse dwelling unit, or the roofline of a covered porch extending the full
width of the habitable portion of the townhouse dwelling unit, shall be 3 metres.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 53
SECTION 4 Page 4 of 23
b) Notwithstanding the above, where a portico is attached to the garage and located
between the front façade of the townhouse dwelling unit and the front face of the
garage and extends the full width of the habitable portion of the townhouse dwelling
unit, the maximum distance that the front façade of the garage may project ahead of
the portico shall be 1.2 metres.
4.2 ACCESSORY USES
C-2016
Where this By-law provides that land may be used or a building or structure may be erected
andusedfor a permitted use, that use shall include any accessory use provided that the
accessory use is located within the same premises.
4.3 BONUSING
B-2016
a) The maximum floor space ratio of a lot within a UGC zone may be increased up to a
maximum floor space ratio as set out in section 6.3 in return for facilities, services or
matters that benefit the community and in accordance with the regulations set out in
4.2 b) through h).
b) Section 4.2 only pertains to lots and developments:
i) That comply with the Official Plan;
ii) That are suitable for the proposed floor space ratio;
iii) Where the increase in the maximum permitted floor space ratio is compatible
with the planned scale, function and, character of adjacent lots and the
surrounding area;
iv) Where infrastructure, including engineering, transportation and community, is
sufficient;
v) That have suitable urban design and architecture;
vi) Where the facilities, services or matters provide a positive benefit to the
applicable zone that permits bonusing.
c) The facilities, services or matters provided must be over and above the standard
requirements of the development review process.
d) No bonus value shall apply for existing facilities, services or matters on the lot.
e) The owner of the lot upon which facilities, services or matters are to be provided or
contributed from in return for an increase in floor space ratio shall enter into an
agreement pursuant to section 37 of the Planning Act, R.S.O., 1990, with the City to be
registered on title.
f) No site plan agreement shall be entered into and no building permit shall be issued until
such time as the agreement referenced in section 4.2 e) is entered into and has been
registered on the title of the lot to which it applies.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 54
SECTION 4 Page 5 of 23
g) More than one community benefit identified in section 4.2. h) may be used or where
applicable, more than one additional bonus value within a community benefit may be
used.
h) The bonus values are identified in Table 4.2.1 and may be further described in a
Bonusing Implementation Guide.
Table 4.1.1: Bonus Values in Exchange for Facilities, Services or Matters
Community Benefit Facility, Service or Matter Provision or Amount of
Facility, Service or Matter
in exchange for
Bonus Value on a lot
zoned UGC
Energy, water and Eco/green roof 1 to 2 items - 0.25
waste
management/conservati3 items or greater – 0.5
Green wall
on, stormwater
Energy conservation glazing greater than
management
25 per cent above the standard Ontario
Building Code requirement
Energy or heat reuse/conservation
system
Exfiltration system
Grey water system
Rain gardens and/or rain water harvesting
Bioswales
Porous/permeable paving
Transportation Demand 4 to 7 items – 0.5
Class A or Class B Bicycle Parking Stalls
Management
Shower and Change Facility
8 items or greater – 1.0
Dedicated bicycle share space
Dedicatedmotor vehicle share space
Dedicatedmotor vehicle share vehicle
Dedicatedmotor vehicle pool space
Subsidized transit passes
Membership with a Transportation
Demand Management Association
Installation of monitors and provision of
materials that promote transit
Bicycle repair station
Unbundledparking spaces
Land for public use Infrastructure corridor 1 item or greater – 1.0
Stormwater management facility
Additional road or trail widening
22
Non-profit arts, cultural, Dedicated space on the first storey or 20m to 100m – 0.5
community or accessible second storey for a non-profit
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 55
SECTION 4 Page 6 of 23
Community Benefit Facility, Service or Matter Provision or Amount of
Facility, Service or Matter
in exchange for
Bonus Value on a lot
zoned UGC
2
institutional use organization related to arts, culture, Greater than 100m – 1.0
community or institutional uses
Additional parkland Provision of public parkland or financial 5 to 10 percent greater than
contribution thereof required – 0.5
10 percent or greater than
required – 1.0
Conservation,Planting of additional vegetation or Provide greater than 25
restoration or enhanced urban forest percent of the require
enhancement of natural vegetation on site – 0.25
heritage features
Provision of funds towards off-site Contribution of $100,000 or
vegetation or ecological restoration area greater for vegetation off
(ERA) project site or restoration of an
ERA – 0.5
Public parking Secured, accessible public parking in a 25 to 50 parking spaces –
structure not visible from a street, either in 0.5
an underground or other internal shared 51 or greater parking
arrangement spaces – 1.0
Public transit Provision of infrastructure, facilities or On-site transit
services for public transit shelter/facility – 0.25
Contribution of $25,000 or
greater for off-site works –
0.25
Renewable or Incorporates solar, wind, or other 1 item – 0.5
alternative energy renewable generation into the
systems development 2 or more items – 1.0
Development is part of a District Energy
System
Conservation and Heritage conservation on a lot that is Entirebuilding - 1.0
maintenance of cultural designated under the Ontario Heritage
heritage resources Act and for which a heritage conservation Façade – 0.25 per façade to
easement or a preservation and a maximum of 1.0
maintenance agreement is registered on
title
Equivalent to LEED Buildings are equivalent to a LEED or Equivalent to certified or
standards or equivalent other similar rating system level by a bronze – 0.5
rating system certified professional
Equivalent to silver or
above – 1.0
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 56
SECTION 4 Page 7 of 23
Community Benefit Facility, Service or Matter Provision or Amount of
Facility, Service or Matter
in exchange for
Bonus Value on a lot
zoned UGC
Affordable, special Provision of dwelling units that meet the 10 to 25 percent of the
needs, assisted or definition of affordable, special needs, dwelling units – 0.5
subsidized housing assisted or subsidized or funds towards
City or Region affordable housing 25 to 75 percent of the
programsdwelling units – 1.0
Greater than 75 percent of
thedwelling units – 1.5
Contribution of funds
towardsCity or Region
affordable housing
programs:
$75,000 to $124,999 – 0.5
$125,000 to $224,999 – 1.0
$250,000 or greater – 1.5
22
Indoor or outdoor Provision of indoor or outdoor amenity 20m to 100m – 0.5
amenity area accessible area, that is accessible to and equipped
2
to the public for use by the general public for passive Greater than 100m – 1.0
or active recreation or public gatherings
Provision of enhanced streetscape $50,000 to $100,000 – 0.25
elements
Greater than $100,000 –
0.5
Public art Provision of one or more pieces of art that $75,000 to $150,000 – 0.25
is visually accessible to the public
$Greater than $150,000 –
0.5
ResidentialdwellingInclusion of a multiple dwelling within a 25 to 100 dwelling units –
unitsmixed-use building1.0
Greater than 100 dwelling
units – 1.5
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 57
SECTION 4 Page 8 of 23
Community Benefit Facility, Service or Matter Provision or Amount of
Facility, Service or Matter
in exchange for
Bonus Value on a lot
zoned UGC
Architectural excellence Design of the building meets or exceeds Uses a national or
the highest standard of City design international design
expectations identified through Citycompetition – 0.25
approved Urban Design Guidelines or
otherGreater than 60 percent of
thebuilding façade utilizes
glazing – 0.5
Building design achieves an
A score within the
evaluation of the
architectural section of the
applicable Urban Design
Guidelines – 1.0
Food storeProvision of a food store on the firstFood store between
22
storey of a multi-unit building or mixed 2,000m or 4,500m – 1.0
use building
4.4 CONDOMINUMS
A-2015
4.4.1 Standard Condominiums
Internal lot lines created by:
a) a registration of a plan of condominium; or
b) a plan 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;
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.
4.4.2 Vacant Land Condominiums
Notwithstanding Section 4.16 of this By-law, more than one single detached, semi-detached,
duplex or street townhouse dwelling shall be permitted on a lot provided that each dwelling
has direct access to a public street or an internal private driveway or road that is a common
element in a registered Condominium connecting to a public street and that each dwelling is
located on a unit in a Vacant Land Condominium. For purposes of this regulation, the front lot
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
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SECTION 4 Page 9 of 23
line for each unit in a Vacant Land Condominium shall be deemed to be that lot line abutting
the internal driveway portion of the common element or the lot line abutting a public street
wherever the driveway access is, and the dwelling on such a unit shall comply with all
applicable zoning regulations.
4.4.3 Common Element Condominiums
Notwithstanding Section 4.8 of this By-law, single detached, semi-detached, duplex or street
townhouse dwellings shall be permitted on lots without frontage on a public street provided
that all such dwellings are located on Parcels of Tied Lands (POTL’s) to a Common Element
Condominium (CEC) consisting of at least a private driveway connecting to a public 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 POTL’s, shall be deemed to conform to 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
b) 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:
i) direct access on the lot without passing through any portion of the dwelling
unit; or,
ii) 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,
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;accessorystructures;yard projections; and
driveways and widenings of 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 type of dwelling contained within the POTL. For the
purposes of this regulation, the front lot line shall be deemed to be the shortest lot line abutting
the public street, internal driveway or internal walkway which provides primary access to the
dwelling.
4.5 CONSOLIDATED LOT DEVELOPMENT
Where two or more abutting lots under one identical ownership are consolidated for the
purpose of development, the internal lot lines of the original lots shall not be construed to be
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 59
SECTION 4 Page 10 of 23
lot lines for the purposes of any zoning regulations provided that all applicable regulations of
this By-law relative to the whole lot and its external lot lines are observed.
4.6 CORNER VISIBILITY TRIANGLE AND DRIVEWAY VISIBILITY TRIANGLES
B-2016
No obstruction to visibility, whether from buildings,structures, motor vehicles,refreshment
vehicles, landscaping or other impediments shall be permitted within a corner visibility triangle
or any driveway visibility triangle, provided however, this shall not include objects 0.9 metres
or less in height from grade.
4.7 FRONT YARD BUILDING SETBACK
In the case of a lot between two existingbuildings both of which encroach upon the required
front yard and are not more than 18.0 metres apart, a building may be located on such lot so
that the front face of the building is no closer to the street line than the front face of that
existingbuilding which is located furthest from the street line.
4.8 FRONTAGE ON A STREET
A-2015
Except as outlined elsewhere in this By-law, no person shall erect any building or structure
oruse any building,structure, or lot unless the lot meets one or more of the following
requirements:
a) The lot has frontage on a public street;
b) The lot is separated from a public 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.
4.9 HOME OCCUPATION
A-2015
No person or persons shall conduct a home occupation except as permitted herein and in
accordance with the following regulations:
4.9.1 Home Occupations in Single Detached Dwellings and Semi-Detached Dwelling Units
B-2016
Containing Only One Dwelling Unit
a) The following uses shall be permitted as home occupations in single detached
dwellings and semi-detached dwelling units containing only one dwelling unit:
i)Artisan’s Establishment
ii)Bed and Breakfast (only in a single detached dwelling to a maximum of two
bedrooms)
iii)Canine and Feline Grooming (only in a single detached dwelling)
Catering Service Establishment
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 60
SECTION 4 Page 11 of 23
iv)Commercial School
v)Health Office (not including physician, surgeon or dentist)
vi) Indirect sales
vii) Light Repair Operation
viii) Office
ix)Personal Service (not including the cleaning of apparel)
x)Private Home Day Care
b) The person or persons resident in the dwelling shall conduct the home occupation,
and may include one non-resident employee and shall not attract any additional
employees directly to the lotcontaining the home occupation.
c) The home occupation shall be conducted so as not to attract more than two customers
or clients to the home at any one time.
d) Only one home occupation shall be permitted, except in the case in which one home
occupation is conducted so as not to attract customers, clients or employees directly
to the lot containing the home occupation, in which case a maximum of two home
occupations shall be permitted.
e) The home occupation shall be conducted wholly within an enclosed building.
f) An area not exceeding 25 per cent of the gross floor area of the dwelling may be used
for a home occupation and in no case shall the gross floor area that accommodates
the home occupation exceed 50.0 square metres.
g) The building containing the home occupation shall comply with all regulations for the
dwelling type in the zone in which it is located.
h) The home occupation shall not be permitted in a dwelling containing lodging units.
i) No outdoor storage shall be permitted and no storage or display of goods shall be
visible from the street.
j) The home occupation shall not create noise, vibration, fumes, odour, dust, glare, or
radiation that is evident outside of the building.
k) No combustion engine shall be used in the process of conducting any home
occupation.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 61
SECTION 4 Page 12 of 23
4.9.1.1 Canine and Feline Grooming
The following regulations apply to a canine and feline groominghome occupation:
i) Permitted only in a single detached dwelling.
ii) A maximum of two dogs and two cats are allowed on the premises at any one
time, excluding pets residing at the same address as the home occupation, as
evidenced by a valid pet license issued pursuant to the City’s By-law pertaining
to same in existence at the time.
iii) No veterinary services shall be provided on the premises.
iv) No breeding, boarding or overnight accommodation of dogs or cats for
grooming shall be permitted on the premises, excluding pets residing at the
same address as the home occupation, as evidenced by a valid pet license
issued pursuant to the City’s By-law pertaining to same in existence at the
time.
v) Non-resident dogs and cats that are on the premises for the purpose of
grooming shall have a maximum stay of three (3) hours at any one time, on
any given day, during regular operating hours.
vi) All pet related commercial uses and services, including any associated retail,
are prohibited, except for Canine and Feline Grooming.
4.9.2 Home Occupations in Duplex Dwellings, Multiple Dwellings, Semi-Detached Duplex
Dwellings and Street Townhouse Dwellings
a) The following usesshall be permitted as home occupations in duplex dwellings,
multiple dwellings,semi-detached dwelling units containing two dwelling units and
street townhouse dwellings:
i)Artisan's Establishment (not including retail or instruction)
ii) Commercial School
iii) Office
iv) Indirect Sales
v) Private Home Day Care
b) The person or persons resident in the dwelling unit shall only conduct the home
occupation.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 62
SECTION 4 Page 13 of 23
c) The home occupation shall not attract customers, clients, or employees directly to the
lot containing the home occupation, except for academic instruction to one customer
or client at a time.
d) The home occupation shall be conducted wholly within an enclosed building.
e) No outdoor storage shall be permitted and no storage or display of goods shall be
visible from the street.
f) Only one home occupation shall be permitted for each dwelling unit and the gross floor
area of such use shall not exceed 15.0 square metres.
g) The building containing the home occupation shall comply with all applicable
regulations for the dwelling type in the zone in which it is located.
h) The home occupation shall not create noise, vibration, fumes, odour, dust, glare, or
radiation that is evident outside of the building.
i) No combustion engine shall be used in the process of conducting any home
occupation.
4.10 LEGAL NON-COMPLIANCE OF LOTS, BUILDINGS AND STRUCTURES
A-2015
Nothing in this By-law shall apply to prevent the use of any lot,building, or structure that
does not comply with this By-law if such lot,building, or structure legally existed on the date
of passing of this By-law and provided that:
a) the lot,building or structure is not altered in any way except in conformity with this
By-law; and,
b) the lot,building, or structure continues to be used for the purposes it was used for
on the date of passing of this By-law or a currently permitted use except where the
regulations for the use are more stringent than the use that existed on the date of
passing of this By-law.
4.10.1 Replacement
A-2015
Nothing in this By-law shall prevent the replacement of a legal non-complyingbuilding or
structure if destroyed by fire or natural disaster provided that the dimensions of the building
and/orstructure are not increased.
4.10.2 Non-Compliance as a Result of Land Acquisition
If the acquisition of land, by registration on title on or after February 11, 1985, to widen a street
or to provide a corner visibility triangle results in non-compliance with regulations existing on
the date of acquisition and respecting lot area, floor space ratio, lot width or yards, a building
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 63
SECTION 4 Page 14 of 23
or use shall be deemed to comply with such regulations only in the circumstances which
follows:
a) where the building or use existed at the date of the acquisition;
b) where a building or use is proposed to be developed by the same owner who
conveyed the land for street widening or corner visibility triangle; or
c) where a building or use is proposed to be developed in strict accordance with an
approved site plan applied for by a previous owner, which required the conveyance of
land for street widening or corner visibility triangle;
provided that:
i) where the lot is rezoned after the acquisition of land for street widening or
corner visibility triangle, no greater benefit shall be obtained than that which
could be obtained based on the zoning in effect on the date of such
acquisition; and
ii) the provisions of this section shall not apply in circumstances where the
conveyance of land for street widening or corner visibility triangle is a
requirement of a subdivision of land approval.
4.11 LEGAL NON-CONFORMING USES
A-2015
Nothing in this By-Law shall apply to prevent the use of any lot,building or structure for any
purpose which does not conform with this By-Law, if such lot,building or structure was
lawfully established and used for such purpose on the date of the passing of this By-Law,
and provided that it continues to be used for that purpose.
4.12.1 Replacement
Nothing in this By-law shall prevent a building containing a legal non-conforminguse which is
destroyed by fire or natural disaster from being restored or replaced on its original site
provided the dimensions are not increased.
4.12 GROUP HOMES
C-2016
Existing
Only one group home shall be permitted on a lot.
4.13 CORRECTIONAL GROUP HOMES
C-2016
Existing
a) Only one correctional group home shall be permitted on a lot.
b) No building or part thereof shall be used for a correctionalgroup 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.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 64
SECTION 4 Page 15 of 23
c) No building or part thereof shall be used for a correctional group home on a lot that is
situated within 100 metres of the city limit of the city. This distance shall be measured from
the closest point of the lot line associated with such lot and the city limit.
4.14 LOCATION OF LODGING HOUSES
Notwithstanding anything else in this By-law, only one Lodging House shall be permitted on
alot. No building or part thereof 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. No
building or part thereof 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.
4.15 MUNICIPAL SERVICES
4.15.1 Water Services
a) Except as provided elsewhere in this By-law, all development, including lot creation, must
A-2015
be connected with municipal water services.
b) A private well shall not be permitted as a principal or accessorystructure on any lands
within the limits of the city where municipal water services are available within the road
right-of-way abutting the property, with the exception of the following:
i) A well which legally existed prior to October 1, 2003;
ii) A well which is installed for the purposes of environmental site remediation,
water monitoring, or site de-watering; or
iii) A property used for non-residential purposes other than human consumption
such as irrigation, cooling, or manufacturing purposes.
4.15.2 Sanitary Services
Except as provided elsewhere in this By-law, all development, including lot creation, must be
connected with full municipal sanitary services, with the exception of the following:
a) development will be permitted on individual on-site sewage services when associated
with severances and existinglots in agricultural areas and infilling situations in existing
unserviced developed areas where other forms of servicing are not feasible, provided
it can be demonstrated to the satisfaction of the Province or the Region that the
individual on-site sewage services will not result in an unacceptable level of
environmental impact.
b) development will be permitted on private communal sewage services and full
municipal water in areas where it can be demonstrated to the satisfaction of the
Province and the Region that the provision of full municipal services is not feasible and
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 65
SECTION 4 Page 16 of 23
that the proposed method of servicing will not result in an unacceptable level of
environmental impact. Development of all communal sewage systems will be in
accordance with the policies of the Region and the Province.
4.16 NUMBER OF DWELLINGS PER LOT
a) Unless otherwise provided for in this By-law, in any zone where a single detached
dwelling,semi-detached dwelling, or duplex dwelling is permitted, no more than one
suchdwelling 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 shall be
deemed to be a lot for the purposes of this Section of the By-law, provided that such
parts are in compliance with all applicable regulations of this By-law, in which case,
onesingle detached dwelling, semi-detached dwelling or duplex dwelling shall be
permitted on each future lot.
4.16.1 Coach House Dwelling Units
Coach House Dwelling Units are permitted only in accordance with the following regulations:
a) off-street parking shall be provided at a rate of one space for each coach house
dwelling unit.
b) it shall not occupy any portion of the buildingused for required off-street parking; nor
shall it displace any area designed or intended to be used as a Parking Space.
c) it shall be located only on a lot containing another dwelling.
d) there shall be a maximum of one coach house dwelling unit per lot.
4.16.2 Garden Suites
REGULATIONS PERTAINING TO GARDEN SUITES WILL BE GIVEN CONSIDERATION
IN FUTURE COMPONENTS OF THE ZONING BY-LAW REVIEW.
4.17 PERMITTED PROJECTIONS ABOVE HEIGHT RESTRICTIONS
A-2015
The height restrictions of this By-law shall not apply to the structures listed below or to
other similar structures that may require a height in excess of maximum height limits in
order to serve their intended purpose:
i) antennae
ii) chimneys
iii) spires
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 66
SECTION 4 Page 17 of 23
iv) cupolas
v) flag poles
vi) elevator penthouses
vii) roof access stairways and railings
4.18 PERMITTED PROJECTIONS INTO REQUIRED YARDS
A-2015
No buildings or structures shall be erected within any required yard, except as provided
elsewhere in this By-law.
4.18.1 Architectural Features
A-2015
Architectural features may be permitted in any required yard, provided that no such feature
shall project more than 0.6 metres into the required yard.
A-2015
4.18.2 Balconies
Balconies associated with a dwelling unit are permitted to extend within any required yard only
in accordance with the following regulations:
a) they are not enclosed and are not supported by the ground;
b) the minimum setback from an interior side lot line or rear lot line is 0.75 metres; and,
c) the minimum setback from a front lot line or exteriorside lot line is 3.0 metres.
A-2015
4.18.3 Canopies
Canopies are permitted to extend within any required yard only in accordance with the
following regulations:
a) they are not supported by the ground;
b) they do not encroach more than 1.8 metres into a required front yard or an exterior
side yard; and
c) they are located greater than 0.5 metres from a street line, a side lot line, or a rear lot
line.
4.18.4 Heating, Ventilation and Air Conditioning Equipment
a) Heating, ventilation and air conditioning equipment and other similar mechanical
Existing
5.6A.3
equipment associated with a dwelling unit are permitted to locate within any required
Modified
yard, only in accordance with the followingregulations:
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 67
SECTION 4 Page 18 of 23
i) within a front yard orexterior side yard, provided such equipment has a minimum
setbackof 3.0 metres from the street line and is screened from the street by an
enclosure or landscaping.
ii) within a rear yard orinterior side yard.
New b) Heating, ventilation and air conditioning equipment and other similar mechanical
equipment associated with a non-residential buildingare permitted to locate within
any required yard, only in accordance with the following regulations:
i) within a front yard orexterior side yard, provided such equipment has a minimum
setbackof 3.0 metres from the street line and is screened from the street by an
enclosure or landscaping.
ii) within a rear yard orinterior side yard.
iii) the minimum setback from an abutting RES Zone is 3.0 metres.
4.18.5 Pools and Hot Tubs
A-2015
Pools and Hot Tubs associated with a dwelling unit are permitted to locate within any required
yard, only in accordance with the following regulations:
a)setback a minimum of 0.6 metres from an interiorside lot line or rear lot line;
b)setback a minimum of 2.1 metres from an exterior side lot line;
c) shall not be located in a front yard.
4.18.6 Restaurant Patios, Decks and Outdoor Recreation
A-2015
Patios, decks and outdoor recreation associated with a restaurant are permitted to locate
within a required yard, only in accordance with the following regulations:
a) setback a minimum of 30.0 metres from any Residential Zone or Institutional Zone
except for lands fully developed with a non-residential use;
b) in a Commercial Zone or Industrial Zone, set back a minimum of 3.0 metres from
anylot line abutting a street;
c) in an Urban Growth Centre Zone, Mixed Use Zone, a minimum set back of 0.0
metres from any lot line abutting a street.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 68
SECTION 4 Page 19 of 23
A-2015
4.18.7 Satellite Dishes and Antennas
iv) Satellite dishes and antennas associated with a dwelling unit are not permitted to
locate within a front yard,interiorside yard or exterior side yard.
v) Notwithstanding 4.18.7 iv), satellite dishes and antennas may be attached to a building
provided they do not exceed 0.9 metres in diameter.
4.18.8 Steps and Access Ramps
A-2015
Unenclosed steps or access ramps are permitted to locate within any required yard only in
accordance with the following regulations:
a) the minimum setback from an interior side lot line or rear lot line for steps and access
ramps located above grade is 0.75 metres;
b) the maximum area of steps and access ramps shall not exceed 40% of the front yard
area.
4.18.9 Terraces, Porches and Decks
Terraces, porches, and decks associated with a dwelling unit are permitted to locate within a
required yard, only in accordance with the following regulations:
a) set back a minimum of 3.0 metres from the front lot line or lot line abutting a street,
whether or not covered, provided they are not enclosed and do not exceed 0.6 metres
in height above finished grade level and in addition, a cold room may be located
beneath the porch;
b) subject to no minimum setback from a side lot line or rear lot line provided they are not
covered or enclosed and do not exceed 0.6 metres in height above finished grade
level at that point on the sidelot line or rear lot line closest to the terrace, porch or
deck;
c) set back a minimum of 4.0 metres from a rear lot line provided they are not covered or
enclosed and exceed 0.6 metres in height above finished grade level; and
d) in compliance with the setback provisions required for the dwelling for front yards,side
yards and rear yards in all other cases.
e) notwithstanding clauses a) b) and d) above, terraces, porches or decks attached or
unattached to the principal building of a structure designated under the Ontario
Heritage Act, may be located, or reconstructed, within a required front yard or side
yard, provided that the setback, dimensions and height do not exceed what legally
existed on or before the date of passing of this By-law and provided that a Heritage
Permit application is approved.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 69
SECTION 4 Page 20 of 23
4.19 PERMITTED USES
4.19.1 Accessory Bio-Solid Storage
A-2015
An accessory bio-solid storage facility shall be used only to spread bio-solids on a farm field
containing said facility and no other farms off-site, shall be constructed of solid concrete
material; and:
a) shall not be located within 300 metres of a residence on an adjacent lot, or any
buildingused for recreational, institutional, religious or educational purposes;
b) shall not be located within 600 metres of an area zoned residential; and,
c) no residence shall be constructed within 300 metres of an accessory bio-solid storage
facility.
4.19.2 Automotive Detailing and Repair Operation and Heavy Repair Operation
Any portion of a building used for an automotive detailing and repair operation and/or heavy
Existing
repair operation shall be setbacka minimum 14 metres from any lot line abutting a RES
Modified
Zone or INS Zone; unless such building or portion thereof is constructed without an opening,
5.29
such as a vent, door or window.
4.19.3 Community Garden
New
OP 15.D.1.3
a)A community garden shall be permitted in all UGC, RES, MIX, COM, EMP, INS,
AGR, and REC Zones.
b)Buildingsor structures shall be subject to setback regulations in the applicable
zone.
c) A community garden shall be no larger than the lesser of 2000 square metres or 10
percent of the total lot area.
4.19.4 Construction Uses
A-2015
Any part of a lot in any zone, other than a corner visibility triangle, may be used for temporary
buildings and trailers associated with construction work occurring on such lot, provided that
the building and trailer is located thereon only for the duration of construction work or as long
as the building permit for construction is valid, whichever comes first. No temporary building or
and trailer intended for construction work purposes shall be used for human habitation.
4.19.5 Drive-Through Facility
The regulations specified by the zone category in which a drive-through facility is permitted
shall apply in addition to and as amended by the following:
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 70
SECTION 4 Page 21 of 23
Existing
a) A drive-through facility shall be setback a minimum distance of:
5.26
Modified
i) 15.0 metres from an abutting RES Zone where a visual barrier is provided along
the abutting lot line in accordance with Section 4.24 and 9.4 of this By-law.
ii) 7.5 metres from an abutting RES Zone where an acoustic barrier, certified by a
professional engineer, is installed along the abutting lot line prior to occupancy of
thedrive-through facility.
4.19.6 Gas Station
The regulations specified by the zone category in which a gas station is permitted shall apply
in addition to and as amended by the following:
Existing
a) A fuel pump island shall be setback 6.0 metres from a street line and a canopy
13.3
structure above a fuel pump island shall be setback 3.0 metres from a street line.
New
b) A fuel pump island and a canopy structure above a fuel pump island shall be setback
30.0 metres from an abutting RES Zone.
Existing
c) No underground or above-ground fuel storage tank shall be located within 3.0 metres
13.3
of a street line.
Existing
Modified
d) The rear yard setback for a building associated with a gas station shall be 3.0 metres.
13.3
Existing
e) The minimum interior side yard setback for a buildingassociated with a gas station
Modified
abutting a RES Zone shall be 3.0 metres.
13.3
4.19.7 Model Home
A-2015
A maximum of ten (10) single detached dwellings,semi-detached dwellings or duplex
dwellings may be permitted on a lot in any zone for model home purposes in accordance with
the policy for model homes and the approval of the Chief Building Official.
4.19.8 Public Uses and Utilities
A-2015
Unless otherwise limited by this By-law, public uses and utilities may be permitted in any
zone, only in accordance with the following regulations:
a) such use,building or structure complies with all applicable regulations, parking and
loading requirements of the zone in which it is located;
b) such use,building or structure shall not adversely affect the character or amenity of
the neighbourhood in which it is located; and,
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 71
SECTION 4 Page 22 of 23
c)accessoryoutdoor storage may be permitted, except where the property abuts a
Residential Zone.
4.19.9 Refreshment Vehicle
A-2015
Arefreshment vehicle shall be permitted in all zones except Residential zones, Natural
Heritage Conservation Zones and Storm Water Management Zones, provided that it does
not occupy any drive aisle or required parking space.
4.19.10 Temporary Farmers’ Market
New
OP 15.D.1.3
a) A temporary farmers’ market shall be permitted in all UGC, MIX, COM, EMP, INS,
AGR, and REC zones.
b) A temporary farmers’ market shall be permitted in any yard.
c) A temporary farmers’ market may temporarily occupy some of the required parking
spaceson a lot.
4.20 SETBACKS FROM A PROVINCIAL HIGHWAY
A-2015
All lands, buildings, and structures located within a controlled Provincial Highway Right-of-way
shall be subject to all regulations of Province.
4.21 SETBACKS FROM RAILWAYS
All new dwelling units, new lodging houses, new residential care facilities and new hospitals or
any additions to existingdwelling units,lodging houses,residential care facilities and hospitals
onlots abutting a railway right-of-way shall be subject to the following regulations:
a) A minimum setback of 30.0 metres from the lot line of the railway right-of-way for a
Principal or Secondary Main Line shall be required together with a berm or a
combination berm and fence along such lot line.
b) A minimum setback of 15.0 metres from the lot line of the railway right-of-way for a
Principal or Secondary Branch Line shall be required together with a berm or
combination berm and fence along such lot line.
c) A minimum setback of 15.0 metres from the lot line of the railway right-of-way for a
Tertiary Branch Line shall be required.
d) The definition and classification of each railway right-of-way shall be as determined by
the respective railway company.
e) Where a railway right-of-way has been declared redundant by the respective railway
company, the requirements of clauses a), b), or c) shall not apply.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 72
SECTION 4 Page 23 of 23
4.22 TWO OR MORE USES ON A LOT
A-2015
Unless otherwise provided for in this By-law, where two or more uses are located on a lot and
the uses are governed by different regulations, the most restrictive regulations shall apply.
4.23 TWO OR MORE ZONES ON A LOT
A-2015
a) Where a lot is divided into two or more zones, each portion of the lot shall be used
in accordance with the provisions of this By-law for the applicable zone as if it were
a separate lot. However, the zone boundary dividing a lot into two or more zones is
not a lot line for the purposes of this By-law.
b) Where a building is on a lot divided into two or more zones having different floor
space ratio regulations, floor space ratios shall be obtained using only that portion
of the building floor area and only that portion of the lot area within each zone.
4.24 VISUAL BARRIER
A-2015
Where in any zone a visual barrier is required to be provided and maintained, such barrier
shall act as a screen between uses and be constructed to a minimum height of 1.8 metres
and shall consist of the following:
a) a wall, fence; or
b) trees or shrubs or
c) earth berms; or
d) any combination of the above.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 73
SECTION 5 Page 1 of 25
SECTION 5 – Parking, Loading, and Stacking
5.1 PARKING PROVISIONS
B-2016
a)Parking spaces shall be provided and maintained for each use located on a lot.
b)Parking spaces and class A and class B bicycle parking stalls shall be located on the
same lot as the use requiring the parking spaces.
c) Despite Subsection b), 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 RES, REC, NHC, EUF, or SWM Zone
unless it is within the same zone as the use requiring the parking spaces.
d) Where the required parking spaces, other than barrier-free accessible parking
spaces, electric vehicle parking spaces, electric vehicle ready parking spaces, and
visitor parking spaces, are provided in accordance with Subsection c), the owner of
bothlots 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) Where the required parking spaces are provided in accordance with Subsection c),
and are located within a Hydro Electric Power Corridor, the agreement shall be
registered on the title of only the lot containing the use for which the parking spaces
are required.
B-2016
5.2 PARKING SPACE PROVISIONS
a) Where a parking lot is situated on a lot which abuts a RES or MIX zone, a visual barrier
shall be provided and maintained along such abutting residential lot line in accordance
with Section 4.23 of this By-law.
b) All parking lots shall be provided with adequate means of ingress and egress to and
from a street or lane in a forward motion, and shall be arranged so as not to interfere
with the normal public use of a street or lane.
c)Parking spaces,drive aisles,driveways and any widenings thereof, 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.
5.2.1 Angled Parking Space Dimensions
B-2016
Anangled parking space shall be a minimum of 2.6 metres in width, and a minimum
of 5.5 metres in length.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 74
SECTION 5 Page 2 of 25
5.2.2 Parallel Parking Space Dimensions
B-2016
a) A parallel parking space shall be a minimum of 2.4 metres in width and a minimum of
6.7 metres in length.
b) Despite Subsection a), an end space shall be a minimum of 5.5 metres in length
provided it is located a minimum of 1.5 metres from any intersecting street,lane, drive
aisle, or obstruction.
c) Despite Subsection a), parallel parking spaces adjacent to a wall shall have an access
aisle. The access aisle shallbe a minimum of 1.5 metres in width and shall extend the
full length of the parking space.
B-2016
5.2.3 Parking Space Provided Within a Residential Building
a) For all residential uses other than multiple dwellings, and/or residential care facilities,
parking spaces within a building with direct access from a driveway shall be
a minimum of 3.04 metres in width, and a minimum of 5.5 metres in length.
b) Despite Subsection a), the following may project into a parking space:
i) A maximum of two risers without handrails may project 0.46 metres into
the width (side) of the parking space; and,
ii) A maximum of two walls may project 0.15 metres into the width (side) of the
parking space for a maximum of 1.6 metres in length for each wall, provided that
the walls do not obstruct access to the driver’s door.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 75
SECTION 5 Page 3 of 25
5.2.4 Location of Parking Spaces for Non-Residential Uses
B-2016
a)Parking spaces,loading spaces, display areas for motor vehicles or major recreational
equipment for sale or rental, stacking lanes, or drive aisles shall not be located within
3.0 metres of a front lot line or exterior side lot 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 front lot line or exterior side lot line.
c) Despite Subsection a), in any UGC zone,parking spaces,loading spaces, or drive
aisles shall not be located within 1.0 metre of a front lot line or exterior side lot line
provided that a structure, such as a landscaped wall, is constructed. Such structure
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 or major recreational equipment for sale or rental, stacking lanes, or drive
aisles that are located interior to a building are subject to setback regulations in the
applicable zone.
e) In a UGC zone, parking spaces and drive aisles associated with a use or a
commercial parking facility within a building shall not be located on the first storey of
suchbuilding.
f) Despite Subsection e) in a UGC zone, parking spaces and drive aisles may be
located on the first storey of a building in a UGC zone provided that:
i) The first storey of the building shall have one or more permitted uses other
than a commercial parking facility that abut the building facade; and
ii)Parking spaces are located entirely behind the area on the first storey devoted
to the uses in Subsection i) for the entire length of the building facade.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 76
SECTION 5 Page 4 of 25
5.2.5 Location of Parking Spaces for Residential Uses
B-2016
a) On a lot containing a coach house dwelling unit,duplex dwelling, home occupation,
lodging house having less than 9 residents, semi-detached dwelling,semi-detached
duplex dwelling, single detached dwelling, or small residential care facility:
i)Parking spaces shall be located a minimum distance of 6 metres from the
front lot line or exterior side lot 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 or
exterior side lot line and those parking spaces may be tandem parking spaces.
iii) Not more than one parking space for a home occupation may be located in a
rear yard, except in the case of a corner lot, a through lot, or a lot abutting a lane.
b) On a lot containing a street townhouse dwelling:
i)Parking spaces shall be located a minimum distance of 6 metres from the
front lot line or exterior side lot line.
c) On a lot containing a multiple dwelling,cluster townhouse,large residential care
facility, or a lodging house having 9 residents or more:
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 77
SECTION 5 Page 5 of 25
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
thefront lot line or exterior side lot line.
ii) Sections 5.2.4 e) and f) shall apply.
5.3 DRIVEWAY PROVISIONS FOR RESIDENTIAL USES
B-2016
a) For all residential uses other than large residential care facilities,multiple dwellings,
andmixed use buildings, a required parking space shall have direct access from a
street or lane via a driveway.
b) A maximum of one driveway with one access point from a street or lane shall be
permitted for each dwelling, except in the case of:
i) A corner lot where a maximum of one driveway may be permitted from each
street or lane;
ii) A lot having a minimum lot width of 30 metres, where a maximum of two
driveways may be permitted;
iii) A semi-detached dwelling, where each dwelling unit may have one driveway; or,
iv) A lot which abuts a street and a lane, in which case one driveway is permitted
from each street and lane.
c) A driveway shall be a minimum of 2.6 metres in width;
d) A driveway shall not be wider than an attached garage;
e) Despite Subsection d), the provisions in Table 5-1 shall apply to driveways and driveway
widenings.
Table 5-1: Driveway Widths and Lot Line Setbacks
Lot Width Driveway Width – Dwelling with Attached Driveway Width – Dwelling
Garage without Attached Garage
Less than Adriveway may be widened beyond the width of Adriveway shall not exceed
or equal the attached garage to a maximum of 5.2 5.2 metres in width within the
to 10.4 metres in width and shall be located a minimum front yard,interior side yard, or
metres distance of 0.6 metres from an interior side lot exterior side yard.
line.
GreaterAdriveway may be widened beyond the width of Adriveway shall not exceed
than 10.4 the attached garage to a maximum of 50% of 50% of the lot, or 8 metres in
metres the lot,or 8 metres in width, whichever is less; width, whichever is less, within
and shall be located a minimum distance of 0.6 the front yard,interior side
metres from an interior side lot line.yard or exterior side yard.
i) Despite Table 5-1, in the case of a semi-detached dwelling, and/or semi-
detached duplex dwelling, a driveway may be widened beyond the width of the
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 78
SECTION 5 Page 6 of 25
attached garage to a maximum of 5.2 metres in width, and shall be located a
minimum distance of 0.6 metres from an interior side lot line, provided that it is
not located along the common wall of the same dwelling.
ii) Despite Table 5-1, in the case of a street townhouse dwelling, a driveway may
be widened to a maximum of 65% of the lot,or 6 metres in width, whichever is
less.
f) On a corner lot no driveway, driveway widening, or parking space shall be located within
thefront yard for a distance of 9 metres from the exterior side lot line, and the same
shall not be located within the exterior side yard for a distance of 9 metres from the front
lot line.
g) Within a front yard,interior side yard or exterior side yard,motor vehicles shall only be
parked on a driveway that conforms to Section 5.3.
h) The driveway 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, or exterior side yard.
5.4 BICYCLE PARKING STALL PROVISIONS
B-2016
a)Class A bicycle parking stalls shall be located within:
i) A building or structure;
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 79
SECTION 5 Page 7 of 25
ii) A secure area such as a supervised parking lot or enclosure with a secure
entrance; or
iii) Bicycle lockers.
b)Class B bicycle parking stalls shall be located in accessible and highly visible
locations near the entrance of a building.
c)Class A and class B bicycle parking stalls shall be a minimum of 1.8 metres in length,
a minimum of 0.6 metres in width, and overhead clearance in covered spaces shall
be a minimum of 2.1 metres.
d) Despite Subsections a) and c), where a class A bicycle parking stall is located within
abicycle locker, overhead clearance shall not be required.
e)Class A and class B bicycle parking stalls shall abut an access aisle which shall be a
minimum of 1.5 metres in width.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 80
SECTION 5 Page 8 of 25
f) For buildings containing non-residential uses,shower and change facilities shall be
provided in conjunction with the Class A bicycle parking stalls required for non-
residentialuses in accordance with Table 5-2.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 81
SECTION 5 Page 9 of 25
g) Despite Table 5-3 and/or Table 5-4, the parking stalls required for any non-residential
use shall be reduced in accordance with Table 5-2.
Table 5-2: Shower and Change FacilitiesandParking Space Reductions
Required Number of MinimumShower and Parking Space Reduction
Class A Bicycle Parking Change Facility
StallsRequirements
Less than 5 Not required Not applicable
2
5-602 showers located within 8 m2parking spaces
ofshower and change facilities
2
61-1204 showers located within 12 m4parking spaces
ofshower and change facilities
2
121-1806 showers located within 16 m6parking spaces
ofshower and change facilities
2
Greater than 180 8 showers located within 20 m8parking spaces
ofshower and change facilities
5.5 MINIMUM PARKING SPACE PROVISIONS
B-2016
a)Parking spaces, visitor parking spaces and class A and class B bicycle parking stalls
shall be provided in accordance with Table 5-3. Where a zone permits a use, the
minimum parking space requirement shall apply at the rate specified for the lot
located within:
i) UGC Zones;
ii) Planning Around Rapid Transit Station (PARTS) Areas (Appendix I);
iii) MIX Zones (Outside PARTS Areas); or,
iv) All Other Areas
b) If the calculation of the required parking spaces, visitor parking spaces, and class A and
class B bicycle parking stalls results in a fraction, then the requirement shall be the next
higher whole number.
c) A parking space shall not be used to store or display motor vehicles or major
recreational equipment for sale or rental.
d) All required visitor parking spaces shall be clearly identified, demarcated and reserved.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 82
SECTION 5 Page 10 of 25
Table 5-3: Minimum Parking Space and Bicycle Parking Schedule
Use Minimum Number of Required Parking Spaces where Permitted
B-2016
UGC Zones PARTS Areas MIX Zones All Other Areas
Residential Uses
Cluster Townhouse Dwelling, 0.9 per dwelling 0.95 per 1 per dwelling1 per dwelling
Multiple Dwelling unitdwelling unitunitunit
Visitor Parking Visitor Parking Visitor Parking
Spaces:Spaces:Spaces:
Additional 10% Additional 10% Additional 10%
of total required of total required of total required
parking spacesparking spaces parking spaces
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls:Parking Stalls:
perdwelling unitperdwelling unit0.25 per 0.25 per
dwelling unit dwelling unit
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:Parking Stalls:Parking Stalls:Parking Stalls:
2, or 6 if greater 2, or 6 if greater 2, or 6 if greater 2, or 6 if greater
than 20 dwelling than 20 dwelling than 20 dwelling than 20 dwelling
unitsunitsunitsunits
Coach House Dwelling, Not applicable 1 per dwellingNot applicable 1 per dwelling
Duplex Dwelling, unitunit
Garden Suite,
Semi-Detached Duplex Dwelling,
Semi-Detached Dwelling,
Single-Detached Dwelling,
Street Townhouse Dwelling
Care Facilities
2222
Day Care Facility1 per 125 m1 per 50 m1 per 40 m1 per 30 m
GFAGFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 333 m GFA per 333 m GFA per 500 m GFA per 500 m GFA
1 per bed 1 per bed 1 per bed 1 per bed
Hospice
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 125 m GFA per 125 m GFA per 500 m GFA per 500 m GFA
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 167 m GFA per 167 m GFA per 667 m GFA per 667 m GFA
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 83
SECTION 5 Page 11 of 25
Use Minimum Number of Required Parking Spaces where Permitted
B-2016
UGC Zones PARTS Areas MIX Zones All Other Areas
2222
Large Residential Care Facility 1 per 124 m1 per 114 m1 per 92 m1 per 92 m
GFAGFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 110 m GFA per 110 m GFA per 710 m GFA per 710 m GFA
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:Parking Stalls:Parking Stalls:Parking Stalls:
2, or 6 if greater 2, or 6 if greater 2, or 6 if greater 2, or 6 if greater
2222
than 550 mthan 550 mthan 550 mthan 550 m
GFAGFAGFAGFA
Small Residential Care Facility Not applicable 2 per facility Not applicable 2 per facility
Overnight Accommodation
Home Occupation: Bed and 1 per non-1 per non-1 per non-1 per non-
Breakfast resident resident resident resident
employee, plus employee, plus employee, plus employee, plus
0.5 per guest 0.5 per guest 1 per guest 1 per guest
room room room room
0.7 per guest
Hotel 0.7 per guest 1 per guest 1 per guest
room roomroom room
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
per 30 guest per 30 guest per 40 guest per 40 guest
rooms rooms rooms rooms
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:Parking Stalls:Parking Stalls:Parking Stalls:
2, or 6 if greater 2, or 6 if greater 2, or 6 if greater 2, or 6 if greater
than 75 guest than 75 guest than 75 guest than 75 guest
rooms rooms rooms rooms
222
Lodging House 1 per 125 m1 per 125 mNot applicable 1 per 63 m
GFAGFAGFA
Institutional Uses
2222
Artisan’s Establishment, 1 per 55 m1 per 40 m1 per 40 m1 per 40 m
GFAGFAGFAGFA
Commercial School
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 500 m GFA per 500 m GFA per 1000 mper 1000 m
GFAGFA
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 167 m GFA per 167 m GFA per 333 m GFA per 333 m GFA
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 84
SECTION 5 Page 12 of 25
Use Minimum Number of Required Parking Spaces where Permitted
B-2016
UGC Zones PARTS Areas MIX Zones All Other Areas
22
Elementary School Not applicable 1 per 100 mNot applicable 1 per 100 m
GFA, plus 1 per GFA, plus 1 per
portable portable
Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1
22
per 500 m GFA per 500 m GFA
Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1
22
per 100 m GFA per 100 m GFA
222
Hospital 1 per 70 m1 per 70 mNot applicable 1 per 31 m
GFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
222
per 125 m GFA per 125 m GFA per 500 m GFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
222
per 167 m GFA per 167 m GFA per 667 m GFA
222
Secondary School 1 per 166 m1 per 166 mNot applicable 1 per 120 m
GFA, plus 2 per GFA, plus 2 per GFA, plus 2 per
portable portable portable
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
222
per 500 m GFA per 500 m GFA per 500 m GFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
222
per 100 m GFA per 100 m GFA per 100 m GFA
222
Post-Secondary School 1 per 170 m1 per 170 mNot applicable 1 per 77 m
GFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
222
per 50 m GFA per 50 m GFA per 50 m GFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:Parking Stalls:Parking Stalls:
the greater of 1 the greater of 1 the greater of 1
222
per 50 m GFA, per 50 m GFA, per 50 m GFA,
or 3 or 3 or 3
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 85
SECTION 5 Page 13 of 25
Use Minimum Number of Required Parking Spaces where Permitted
B-2016
UGC Zones PARTS Areas MIX Zones All Other Areas
Places of Assembly
2222
Art Gallery, 1 per 100 m1 per 50 m1 per 23 m1 per 23 m
Community Facility, GFAGFAGFAGFA
Conference or Convention
Facility, Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
Cultural Facility,
2222
per 500 m GFA per 500 m GFA per 1000 mper 1000 m
Exhibition Facility,
GFAGFA
Museum,
Private Club or Lodge
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 250 m GFA per 250 m GFA per 500 m GFA per 500 m GFA
22
Funeral Home Not applicable 1 per 30 mNot applicable 1 per 23 m
GFAGFA
2222
Funeral Home, 1 per 40 m1 per 30 m1 per 23 m1 per 23 m
Place of Worship GFAGFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 500 m GFA per 500 m GFA per 1000 mper 1000 m
GFAGFA
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 250 m GFA per 250 m GFA per 500 m GFA per 500 m GFA
Agriculture and Recreation
AgricultureNot applicable Not applicable Not applicable No requirement
Campground Not applicable Not applicable Not applicable 1.1 per camp
site
Equine Boarding Service, Not applicable Not applicable Not applicable 1 per 3 equine
Riding Stable or Riding Academy stalls
2222
Fitness Centre 1 per 77 m1 per 50 m1 per 30 m1 per 20 m
GFAGFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 500 m GFA per 500 m GFA per 1000 mper 1000 m
GFAGFA
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 250 m GFA per 250 m GFA per 500 m GFA per 500 m GFA
22
Golf Course Not applicable 1 per 26 mNot applicable 1 per 26 m
GFA, plus 7 per
GFA, plus 7 per
golf course hole
golf course hole
Class A Bicycle
Class A Bicycle
Parking Stalls: 1
Parking Stalls: 1
2
2
per 500 m GFA
per 1000 m
GFA
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 86
SECTION 5 Page 14 of 25
Use Minimum Number of Required Parking Spaces where Permitted
B-2016
UGC Zones PARTS Areas MIX Zones All Other Areas
2222
Indoor Recreation 1 per 77 m1 per 40 m1 per 40 m1 per 40 m
GFAGFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 500 m GFA per 500 m GFA per 500 m GFA per 500 m GFA
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 250 m GFA per 250 m GFA per 250 m GFA per 250 m GFA
Outdoor Active Recreation Not applicable 2 per court, plus Not applicable 2 per court, plus
20 per playing 20 per playing
fieldfield
Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1
per court plus 6 per court plus 6
per playing field per playing field
Outdoor Passive Recreation Not applicable No requirement Not applicable No requirement
Office Uses
2222
Biotechnological Establishment, 1 per 69 m1 per 50 m1 per 33 m1 per 33 m
GFAGFAGFAGFA
Computer, Electronic or Data
Server or Processing
Establishment, Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Industrial Administrative Office, Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
Major Office,per 333 m GFA per 333 m GFA per 500 m GFA per 500 m GFA
Office,
Research & Development Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
Establishment,
2222
per 500 m GFA per 500 m GFA per 750 m GFA per 750 m GFA
Social Service Establishment,
Surveying, Engineering,
Planning, or Design
Establishment
2222
Health Clinic 1 per 30 m1 per 30 m1 per 19 m1 per 19 m
GFAGFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 500 m GFA per 500 m GFA per 1000 mper 1000 m
GFAGFA
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 167 m GFA per 167 m GFA per 333 m GFA per 333 m GFA
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 87
SECTION 5 Page 15 of 25
Use Minimum Number of Required Parking Spaces where Permitted
B-2016
UGC Zones PARTS Areas MIX Zones All Other Areas
222
Health Office 1 per 40 m1 per 40 mNot applicable 1 per 29 m
GFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
222
per 500 m GFA per 500 m GFA per 1000 m
GFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
222
per 167 m GFA per 167 m GFA per 333 m GFA
Service Uses
2222
Brewpub,1 per 19 m1 per 13 m1 per 7.5 m1 per 7.5 m
Night Club, GFAGFAGFAGFA
Restaurant
For a restaurantFor a restaurantFor a restaurant
within a multi-within a multi-within a multi-
unit building or unit building or unit building or
development a development a development a
rate of 1 per 19 rate of 1 per rate of 1 per 19
222
mGFA shall 19mGFA shall mGFA shall
apply to the first apply to the first apply to the first
222
750 m, and a 750 m, and a 750 m, and a
rate of 1 per 13 rate of 1 per 7.5 rate of 1 per 7.5
222
m shall apply m shall apply m shall apply
thereafter. thereafter. thereafter.
Class A Bicycle Class A Bicycle Class A Bicycle ClassA Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 100 m GFA per 100 m GFA per 100 m GFA per 100 m GFA
offast food oroffast food oroffast food oroffast food or
takeout takeout takeout takeout
restaurant, or 1 restaurant, or 1 restaurant, or 1 restaurant, or 1
2222
per 250 m GFA per 250 m GFA per 250 m GFA per 250 m GFA
offull service offull service offull service offull service
restaurant,restaurant,restaurant,restaurant,
brewpub, and brewpub, and brewpub, and brewpub, and
night club night club night clubnight club
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 2 Parking Stalls: 2 Parking Stalls: 2 Parking Stalls: 2
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 88
SECTION 5 Page 16 of 25
Use Minimum Number of Required Parking Spaces where Permitted
B-2016
UGC Zones PARTS Areas MIX Zones All Other Areas
2222
Canine and Feline Grooming, 1 per 95 m1 per 50 m1 per 40 m1 per 29 m
Convenience Retail, GFAGFAGFAGFA
Craftsperson Shop,
Financial Establishment, Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
Food Store,
2222
per 500 m GFA per 500 m GFA per 1000 mper 1000 m
Garden Centre, Nursery and/or
GFAGFA
Landscaping Supply,
Building Material Supply,
Major Equipment Supply and Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Service, Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
Pawn Establishment, per 167 m GFA per 167 m GFA per 333 m GFA per 333 m GFA
Payday Loan Establishment,
Print Shop,
Propane Retail Outlet,
Retail,
Studio
Home Occupation: Artisan’s 1 per home 1 per home 1 per home 1 per home
Establishment (1),Canine and occupation, plus occupation, plus occupation, plus occupation, plus
1 per non-1 per non-1 per non-1 per non-
Feline Grooming, Catering
resident resident resident resident
Service Establishment,
Commercial School (1), Health employee employee employee employee
Office, Indirect Sales (1), Light
Repair Operation, Office (1) (2),
Personal Service, Private Home
Day Care (1)
2222
Light Repair Operation 1 per 125 m1 per 125 m1 per 90 m1 per 90 m
GFAGFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 1000 mper 1000 mper 1500 mper 1500 m
GFAGFAGFAGFA
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 2000 mper 2000 mper 3000 mper 3000 m
GFAGFAGFAGFA
Additional Regulations for Home Occupation Table 5-3
(1) No parking spaces are required for a home occupation in a duplex dwelling,multiple dwelling,semi-
detached duplex dwelling, and street townhouse dwelling.
(2) No parking spaces are required provided that the office is conducted in such a manner as to not to
attract customers, clients or employees to the home occupation.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 89
SECTION 5 Page 17 of 25
Use Minimum Number of Required Parking Spaces where Permitted
B-2016
UGC Zones PARTS Areas MIX Zones All Other Areas
Gas Station Not applicable No requirement, Not applicable No requirement,
providestacking providestacking
spaces inspaces in
accordance with accordance with
Section 5.13 Section 5.13
2222
Personal Services 1 per 69 m1 per 69 m1 per 40 m1 per 40 m
GFAGFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 500 m GFA per 500 m GFA per 1000 mper 1000 m
GFAGFA
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 167 m GFA per 167 m GFA per 333 m GFA per 333 m GFA
22
Not applicable 1 per 50 m
Transportation Depot, Not applicable 1 per 40 m
Truck Transport Terminal GFA, exclusive GFA, exclusive
of any parking of any parking
for fleet vehicles for fleet vehicles
Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1
22
per 1000 mper 1500 m
GFAGFA
Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1
22
per 2000 mper 3000 m
GFAGFA
2222
Veterinary Services 1 per 69 m1 per 69 m1 per 40 m1 per 40 m
GFAGFAGFAGFA
Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
per 500 m GFA per 500 m GFA per 1000 mper 1000 m
GFAGFA
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 90
SECTION 5 Page 18 of 25
Use Minimum Number of Required Parking Spaces where Permitted
B-2016
UGC Zones PARTS Areas MIX Zones All Other Areas
Employment Uses
Bulk Fuel and Oil Storage Not applicable The greater of 1 Not applicable The greater of 1
22
Establishment, per 1500 mper 1500 m
Salvage or Scrap Yard, GFA, or 1GFA, or 1
Truck Transport Terminal,
Warehousing, Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1
22
per 1000 mper 1500 m
GFAGFA
Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1
22
per 2000 mper 3000 m
GFAGFA
2222
Automotive Detailing Repair 1 per 125 m1 per 125 m1 per 90 m1 per 90 m
Operation,GFA, or 4 per GFA, or 4 per GFA, or 4 per GFA, or 4 per
Heavy Repair Operation, service bay service bay service bay service bay
Indoor Recycling Operation,
Catering Service Establishment, Class A Bicycle Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
Manufacturing,
2222
per 1000 mper 1000 mper 1500 mper 1500 m
Outdoor Recycling Operation,
Propane Cylinder Handling GFAGFAGFAGFA
Facility,
Printing or Publishing Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Establishment Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1 Parking Stalls: 1
2222
Propane Facility per 2000 mper 2000 mper 3000 mper 3000 m
Restoration or Janitorial or GFAGFAGFAGFA
Security Services
Tradesperson or Contractor's
Establishment
Car Wash Not applicable 3 per bay, plus 1 Not applicable 3 per bay, plus
per vacuum 1 per vacuum
hose. No hose. No
requirement for requirement for
automaticcar automaticcar
wash, provide wash, provide
stacking spaces stacking spaces
in accordance in accordance
with Section with Section
5.13 5.13
Not applicable 1 per bay Not applicable 1 per bay
Commercial Vehicle Wash
Facility
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 91
SECTION 5 Page 19 of 25
Use Minimum Number of Required Parking Spaces where Permitted
B-2016
UGC Zones PARTS Areas MIX Zones All Other Areas
22
Adult Sex Film Theatre, Not applicable 1 per 40 mNot applicable 1 per 40 m
Commercial Driver and Training GFAGFA
Establishment
Class A Bicycle Class A Bicycle
Parking Stalls: 1 Parking Stalls: 1
22
per 1000 mper 1500 m
GFAGFA
Class B Bicycle Class B Bicycle
Parking Stalls: 1 Parking Stalls: 1
22
per 2000 mper 3000 m
GFAGFA
2222
All other uses not otherwise listed1 per 55 m1 per 40 m1 per 40 m1 per 40 m
GFAGFAGFAGFA
Class B Bicycle Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:Parking Stalls:Parking Stalls:Parking Stalls:
10% of total 10% of total 10% of total 10% of total
required parking required parking required parking required parking
spacesspacesspacesspaces
5.6 PARKING PROVISIONS FOR UGC ZONES
B-2016
a) In a UGC-1, UGC-3, or UGC-4 zone, an exemption from the parking spaces required in
2
Table 5-3 may apply up to the first 10,000 m of gross floor area of buildings on a lotfor
non-residential uses, and up to the first 100 dwelling units for residential uses.
b) In a UGC-2 zone, an exemption from the parking spaces required in Table 5-3 may
2
apply to the first 930 m of gross floor area of buildings on a lot for non-residential uses.
B-2016
5.7 MAXIMUM PARKING SPACE PROVISIONS
a) Where a lot is located within a UGC zone the number of parking spaces including
visitor parking spaces provided for a use on that lot shall not exceed 120 percent of
theparking spaces required in Table 5-3.
b) Where a lot is located in the PARTS areas, the number of parking spaces including
visitor parking spaces provided for a use on that lot shall not exceed 120-130 percent
of the parking spaces required in Table 5-3.
c) Where a lot is located within a MIX zone (outside the PARTS areas), the number of
parking spaces including visitor parking spaces provided for a use on that lot shall not
exceed 125-140 percent of the parking spaces required in Table 5-3.
d) Where a lot is located in all other areas not defined in Subsections a) through c), the
number of parking spaces including visitor parking spaces provided for a use on that
lot shall not exceed 125-140 percent of the parking spaces required in Table 5-3.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 92
SECTION 5 Page 20 of 25
e) Despite Subsection a) through d), where the minimum parking spaces required for a
building or a portion thereof is zero, the number of parking spaces shall not exceed 1
2
per 55 mgross floor area for non-residential uses, and 1.1 per dwelling unit for
residential uses. Any parking spaces required for the remainder of a building shall
comply with Subsections a) through d).
5.8 SHARED PARKING SPACE REDUCTIONS
B-2016
a) Where two or more uses listed in Table 5-4 are permitted and located on the same
lot,parking spaces may be shared between uses.
b) The number of parking spaces required for the lot under Subsection a) shall be
calculated as follows:
i) Multiply the number of parking spaces for a use in Table 5-3 by the
percentages in Table 5-4 for that use in each of the eight time periods;
ii) Repeat (i) for each use on the lot that is listed in Table 5-4;
iii) For each time period, add the parking space calculations derived through
Subsections i) and ii) to arrive at the total number of parking spaces for each
time period; and,
iv) The largest total number of parking spaces in any time period shall be the
number of parking spaces required for the proposed uses listed in Table 5-4.
c) Only permitted uses listed in Table 5-4 shall be eligible for a reduced shared parking
rate; the total parking space requirement for all other uses on the lot shall be the
aggregate sum of the requirements for each individual use at the rates in Table 5-3.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 93
SECTION 5 Page 21 of 25
Table 5-4: Shared Parking Space Schedule (1)
Use Percentage of Peak Time Period
Morning Noon Afternoon Evening
Time of Week WeekWeek WeekWeek Week Week WeekWeek
EndEndEndEnd
Day Care Facility, Health Clinic, 100%10% 90% 10% 95% 10% 10% 10%
Health Office, Major Office,
Office, Veterinary Services
Financial Establishment70% 90% 75% 90% 100% 90% 80% 20%
Artisan’s Establishment, Art 50% 50% 50% 75% 70% 100% 75% 10%
Gallery, Canine and Feline
Grooming, Craftsperson Shop,
Light Repair Operation,
Museum, Personal Service,
Print Shop, Retail, Studio
Brewpub, Fitness Centre, 25% 20% 65% 90% 25% 50% 100%100%
Indoor Recreation, Private Club
or Lodge, Restaurant
25% 100%25% 100%25% 100% 50% 100%
Place of Worship
Hotel50% 70% 25% 25% 25% 25% 65% 50%
Conference or Convention 95% 95% 100%95% 90% 90% 95% 95%
Facility
90% 90% 65% 65% 90% 90% 100%100%
Cluster Townhouse Dwelling,
Multiple Dwelling (Resident
Parking Spaces)
Cluster Townhouse Dwelling, 20% 20% 20% 20% 50% 60% 100%100%
Multiple Dwelling (Visitor
Parking Spaces)
Total number of parking spaces
for each time period
Additional Regulations for Shared Parking Table 5-4
(1) All parking spaces shall be shared between uses and unassigned.
5.9 ELECTRIC VEHICLE PARKING SPACE PROVISIONS
B-2016
a) The following provisions shall not apply for existingbuildings.
b) All multiple dwellings shall provide electric vehicle ready parking spaces in
accordance with Table 5-5.
c) All non-residential uses requiring more than 49 parking spaces shall provide electric
vehicle parking spaces in accordance with Table 5-5.
d) All required electric vehicle parking spaces shall be clearly identified and demarcated.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 94
SECTION 5 Page 22 of 25
Table 5-5: Electric Vehicle Parking Space Schedule
Minimum number of Minimum Number of Electric Vehicle Parking Spaces or
requiredparking spacesElectric Vehicle Ready Parking Spaces
0 - 49 1 of the total required parking spaces
50 - 84 2 of the total required parking spaces
85 - 119 3 of the total required parking spaces
120 - 149 4 of the total required parking spaces
Greater than 1493 percent of total required parking spaces rounded up to the
nearest whole number
5.10 COMPACT VEHICLE PARKING SPACE PROVISIONS
B-2016
Despite Section 5.2.1, a maximum of 10 percent of the total required parking spaces may be
reduced to a minimum of 2.4 metres in width and a minimum of 4.8 metres in length,
provided that these parking spaces are clearly identified, demarcated and reserved for
compact motor vehicles.
5.11 BARRIER-FREE ACCESSIBLE PARKING SPACE PROVISIONS
B-2016
a) Type A barrier-free accessibleparking 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 accessibleparking 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 accessibleparking space is required, it shall be a Type A barrier-
free accessibleparking space.
d) Where an even number of barrier-free accessibleparking spaces are required, an equal
number of Type A and Type B barrier-free accessible parking spaces shall be provided.
e) Where an odd number of barrier-free accessibleparking 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 accessibleparking
space.
f)Access aisles shall be provided for all barrier-free accessible parking spaces.
g)Access aisles may be shared by two parking spaces and shall meet the following
requirements:
i) The access aisles shall be a minimum of 1.5 metres in width.
ii) The access aisle shall extend the full length of the parking space.
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 hard surface.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 95
SECTION 5 Page 23 of 25
h)Barrier-free accessibleparking spaces shall be provided in accordance with Table 5-6,
rounding up to the nearest whole number:
Table 5-6: Barrier-Free Accessible Parking Space Schedule
Number of Parking Spaces Required Number of Barrier-free Accessible Parking
Spaces Required
1-12 1
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
i) The provisions outlined in Subsections c) through h) shall not apply to any parking
spaces for a residential use with less than four dwelling units.
5.12 LOADING SPACE PROVISIONS
B-2016
a)Loading spaces shall be provided and maintained for each use in a COM or EMP
zone, or for each non-residential use in a MIX zone.
b) Each loading space in a COM or MIX zone shall be a minimum of 3 metres by 10.7
metres with a height clearance of 4.3 metres. Each loading space in an EMP zone
shall be a minimum of 4.3 metres by 15.2 metres with a height clearance of 4.3
metres.
c)Loading space shall not be permitted within 6 metres of a street line.
New
d)Loading spaces shall not be permittedwithin 7.5 metres of an abutting RES Zone.
e)Loading spaces shall be provided in accordance with Table 5-7.
Table 5-7: Loading Space Schedule
Gross Floor Area devoted to the useMinimum Number of Loading Spaces
requiring the loading spaces
22
Over 0 m up to and including 2,320 m 1
22
Over 2,320 m up to and including 3,700 m 2
22
Over 3,700 m up to and including 9,290 m 3
22
Over 9,290 m up to and including 14,860 m 4
22
Over 14,860 m up to and including 22,290 m 5
22
Over 22,290 m up to and including 29,720 m 6
22
Over 29,720 m up to and including 37,160 m 7
22
Over 37,160 m up to and including 45,520 m 8
22
For each additional 8,360 m over 45,520 m 1 additional
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 96
SECTION 5 Page 24 of 25
5.13 STACKING PROVISIONS
NEW
a)Stacking lanes for a drive-through facility shall not be located within a front yard or
Derived from
exterior side yard.
Urban
Design
b) Entrance ways to stacking lanes shall be separateda minimum travelled distance of
Manual 2.0
Site
16.5 metres from the closest driveway, measured from the centre point of the closest
Organization
driveway at the lot line along the route travelled to the last required stacking space in
Drive-
thestacking lane.
through Aisle
c) A stacking space shall be a minimum of 2.6 metres in width and a minimum of 6.5
B-2016
metres in length.
d) A stacking space shall lead both to and from a fueling area, window, kiosk or booth in
accordance with Table 5-8.
Table 5-8- Minimum Number of Stacking Spaces
UseMinimum Number of Stacking Spaces
Financial Establishment3
AutomaticCar Wash 10
NEW
Self Service Car Wash 2 per washing bay
Gas Station2 per fueling area
10 between the entrance of drive-through stacking lane and the
Restaurant
order menu station, plus 3 between the order menu station and
the pickup window.
B-2016
5.14 EQUIPMENT AND VEHICLE STORAGE PROVISIONS
5.14.1 Commercial Vehicles and Equipment
Parking or storage of commercial vehicles on lots within a RES zone shall be located fully
within an enclosed building or structure.
5.14.2 Major Recreational Equipment
B-2016
a) Parking or storage of major recreational equipment on lots within a RES zone shall be
located fully within an enclosed building or structure.
b) Despite Subsection a), major recreational equipment may be parked or stored in a rear
yard,an interior side yard, or in a carport provided that it is screened by a visual barrier
in accordance with Section 4.23 of this By-law. Major recreational equipment that
exceeds 1.4 metres in height and is located within an interior side yard shall be located a
minimum of 1.2 metres from an interior side lot line.
c) Despite Subsection a), major recreational equipment may be parked or stored on a
driveway between May 1 and October 31 provided that such equipment is located
outside of a driveway visibility triangle.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 97
SECTION 5 Page 25 of 25
d)Major recreational equipment shall not be used for living, sleeping, or housekeeping
purposes when located on a lot within any zone.
5.14.3 Utility Trailers
B-2016
a) On a lot containing a residential use, a utility trailer shall not be parked or stored in a
front 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.
5.14.4 Vehicles with a Snow Plough Blade
B-2016
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 First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 98
SECTION 6 Page 1 of 7
SECTION 6 - Urban Growth Centre (Downtown) Zones (UGC)
The Urban Growth Centre Zones apply to lands designated City Centre District, Civic District,
Innovation District and Market District in the Official Plan
6.1 Applicable Zones
UGC-1: City Centre District – the purpose of this zone is to be a significant location for
B-2016
pedestrian-oriented retail, commercial and entertainment uses. This zone also provides for
residentialuses in multiple dwellings, along with large-scale office and institutional uses.
UGC -2: Civic District – the purpose of this zone is to accommodate cultural, entertainment
and office uses in a civic setting. This zone also provides for residential uses in multiple
dwellings, institutional and complementary commercial uses.
UGC -3: Innovation District – the primary purpose of this zone is to accommodate high-tech,
research and health science-related uses, along with post-secondary and other institutional
uses. This zone also provides for supporting commercial uses and residential uses in
multiple dwellings.
UGC -4: Market District – the purpose of this zone is to accommodate a range of uses in a
distinctive, market-like setting.
6.2 Permitted Uses
Noperson shall, within anyUrban Growth Centre Zone use or permit the use of any lot or
B-2016
erect, alter or use any building or structure for any purpose other than those permitted uses
within Table 6.2.1 below.
Table 6.2.1: Permitted Uses within the Urban Growth Centre Zones
Use UGC-1 UGC -2 UGC -3 UGC -4
Art Gallery
Artisan’s Establishment
Biotechnological Establishment
Brewpub (1)
Canine and Feline Grooming(2) (1) (2)
(2) (1) (2)
Commercial Parking Facility
Commercial School
Community Facility
Conference or Convention Facility
Cultural Facility
Craftsperson Shop (2) (1) (2)
Day Care Facility (1)
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
*Regulation remains under review pending input from the Urban Growth Centre Design Guideline update process
1 - 99
SECTION 6 Page 2 of 7
UseUGC-1 UGC -2 UGC -3 UGC -4
Dwelling Unit (3) (3) (3)
Financial Establishment(1)
Fitness Centre(2) (1) (2)
Health Clinic
Health Office (1)
Home Occupation
Hospice
Hospital
Hotel(1) (4)
Indoor Recreation
Light Repair Operation
(2) (2)
Lodging House
Major Office
Multiple Dwelling(5) (5) (5)
Museum
Night Club
(2)
Office
Pawn Establishment (2) (2)
Payday Loan Establishment (2)(2)
Personal Services (1)
Place of Worship
(2) (2)
Post-Secondary School
Printing or Publishing Establishment (2)
Print Shop(1)
Private Club or Lodge (2) (2)
Research and Development
Establishment
Residential Care Facility, Large
Restaurant(1)
Retail (6) (1)
Secondary School
Social Service Establishment
Studio
Veterinary Services
Additional Regulations for Permitted Uses Table 6.2.1
B-2016
(1) Shall be located within a multi-unit building or a mixed use building containing at least
one permitted use listed in Table 6.2.1 not subject to this regulation.
(2) Shall be permitted except that for any lot or building with frontage or access to King
B-2016
Street, after the date of this by-law, there shall be no more than one of each of the
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
*Regulation remains under review pending input from the Urban Growth Centre Design Guideline update process
1 - 100
SECTION 6 Page 3 of 7
uses to which this regulation applies per block on the ground floor facing King Street.
This does not apply to above or below the ground floor nor to buildings on a street or
lane other than King Street. For the purposes of this regulation, a block means land
on one side of a public street between two public streets. A block may be bisected by
alane or walkway.
(3) Shall be located within a mixed use building above the first storey of a building
B-2016
fronting a street except for access.
(4) Shall be located within an existingbuilding.
B-2016
(5) Shall not be permitted on the first storey of a building fronting King Street except for
B-2016
access.
B-2016
(6) Shall be located within a multi-unit building or a mixed use building. Afree-standing
retail outlet shall only be located within an existingbuilding.
6.3 Regulations
B-2016
The regulations for lots in anUrban Growth Centre Zone are set out in Table 6.3.1 below.
Table 6.3.1: Regulations for the Urban Growth Centre Zones
Regulation UGC-1 UGC-2 UGC-3 UGC-4
Minimum Lot Width (1) 15.0m (2)
Minimum Front Yard Setback and
* 6.0m (3) (4)*
Minimum Exterior Side Yard Setback
Maximum Front Yard Setback and 2.0m
4.0m (4)* 3.0m (5)*
Maximum Exterior Side Yard Setback(5)*
Minimum Interior Side Yard Setback (6)*1.0m (7)*
Minimum Rear Yard Setback 4.5m*4.5m*
Minimum Yard Setback Abutting a Lane
2.0m 2.0m
(8)
Minimum Yard Setback Abutting a Rail
Right-of-Way
Minimum Floor Space Ratio 1.0
Maximum Floor Space Ratio 3.0 3.0 3.0 3.0 (9)
Maximum Floor Space Ratio in
6.0 (10)
accordance with Section 4.2
Minimum FaçadeHeight 10.5m*9.0m*9.0m*7.5m*
BuildingHeight(11)*(11)*(11)*(11)*
333
Minimum Podium Height
storeys*storeys*storeys*
565
Maximum Podium Height
storeys*storeys*storeys*
Stepback(12)*(12)*(12)*(12)*
Minimum Percentage of Ground Floor
90%**70%*90%*
Façade Width facing King Street
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
*Regulation remains under review pending input from the Urban Growth Centre Design Guideline update process
1 - 101
SECTION 6 Page 4 of 7
Regulation UGC-1 UGC-2 UGC-3 UGC-4
Minimum Percentage of Ground Floor
70% 70% 70%
Façade as Façade Openings (13)
Additional Regulations for Zone Regulations Table 6.3.1
B-2016
(1) Despite Section 4 of this by-law, a lot may have frontage on a lane.
B-2016
(2) A use listed in Table 6.2.1 may locate on an existinglot that is less than 15.0 metres.
(3) Except for Otto Street where the minimum front yard setback andminimumexterior
B-2016
side yard setback shall be 1.0 metres.
B-2016
(4) The yard setback abutting Victoria Street shall be a minimum of 2.0 metres and a
maximum of 4.0 metres for the ground floor only. Portions of the building above the
ground floor shall have a minimum setback to Victoria Street of 0.0 metres up to the
maximum podium height. Portions of the building above the maximum podium height
shall be in accordance with the stepback provisions of regulation (12).*
B-2016(5) The maximum yard abutting King Street shall be for the first four storeys of a building,
except for recessed entrances. Portions of a building above four storeys along all
otherstreets shall be in accordance with the stepback provisions of regulation (12). *
Future diagram to illustrate
regulation (5)*
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
*Regulation remains under review pending input from the Urban Growth Centre Design Guideline update process
1 - 102
SECTION 6 Page 5 of 7
B-2016
(6) The minimum interior side yard setback:
a) for buildings or podiums up to 10.5 metres in height shall be 3.0 metres;
b) for buildings or podiums greater than 10.5 metres in height, shall be ½ the height
of the building up to the maximum podium height
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
*Regulation remains under review pending input from the Urban Growth Centre Design Guideline update process
1 - 103
SECTION 6 Page 6 of 7
(7) The minimum interior side yard setback for lots fronting King Street shall be 0.0
B-2016
metres.
(8) This regulation shall not apply to portions of buildings that are greater than 6.0 metres
B-2016
abovegrade.
(9) Except for those lands which have frontage on Market Lane or Duke Street where the
B-2016
maximum Floor Space Ratio shall be 1.0.
(10) The maximum Floor Space Ratio in accordance with Section 4.2 shall be 6.0 only for
B-2016
lands within the block bounded by Charles Street East, Cedar Street North, King
Street East and Eby Street North.
B-2016
(11) There is no maximum building height; however, buildings greater than 14 metres in
height will require a podium and buildings must comply with all other regulations
includingstepback provisions. *
(12) Each storey of a building located above the building’spodium shall have a stepback
from the first storeyfront façade and first storey exterior side yard façade of 1.5
metres per storey up to a total required minimum of 4.5 metres and a stepback from
therear yard façade and interior side yard façade of 1.5 metres per storey up to a
total required minimum stepback of 10.5 metres.
\[For lots abutting King Street, the angular plane and/or stepback provision is to be
determined. All of the above may be further refined to combine the provisions with
overlook and floorplate size considerations\]*
Future diagram to illustrate
regulation (12)*
(13) Not less than 70% of the area of a ground floor facade shall be devoted to display
B-2016
windows or entrances to the building. The horizontal distance between display
windows or entrances shall not exceed 4.0 metres.
6.4 Outdoor Storage
B-2016
Nooutdoor storage of goods, materials, or equipment shall be permitted. However, this shall
not prevent the display of goods or materials for retail purposes.
6.5 Other Applicable Regulations and Sections
B-2016
For other applicable regulations and sections see Section 3: Definitions, Section 4: General
Regulations and Section 5: Parking, Loading, and Stacking.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
*Regulation remains under review pending input from the Urban Growth Centre Design Guideline update process
1 - 104
SECTION 6 Page 7 of 7
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
*Regulation remains under review pending input from the Urban Growth Centre Design Guideline update process
1 - 105
SECTION 7 Page 1 of 1
SECTION 7 - Residential Zones (RES)
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft–A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 106
SECTION 8 Page 1 of 4
SECTION 8 - Mixed-Use Zones (MIX)
The Mixed Use Zones apply to lands designated Mixed Use in the Official Plan.
8.1 Applicable Zones
A-2015
MIX-1: Low Density Mixed Use – the purpose of this zone is to accommodate a variety of
uses within mixed use buildings and mixed use developments at a low density and scale in
areas that are adjacent to properties zoned for low density residential uses.
MIX-2: Urban Corridor - High Density Mixed Use – the purpose of this zone is to
accommodate a variety of uses within mixed use buildings and mixed use developments at a
high density within the City’s Urban Corridors.
MIX-3: Node - High Density Mixed Use - the purpose of this zone is to accommodate a
variety of uses within mixed use buildings and mixed use developments at a high density
within the City’s Community and City Nodes.
MIX-4: Major Transit Station Area - High Density Mixed Use - the purpose of this zone is to
accommodate a variety of uses within mixed use buildings and mixed use developments at a
high density within the City’s Major Transit Station Areas.
8.2 Permitted Uses
A-2015
Noperson shall, within any Mixed Use Zone use or permit the use of any lot or erect, alter or
useanybuilding or structure for any purpose other than those permitted useswithin Table
8.1 below.
Table 8-1: Permitted Uses within the Mixed Use Zones
Use MIX-1 MIX-2 MIX-3 MIX-4
Artisan’s Establishment (1)
Canine and Feline Grooming
Commercial School
Craftsperson Shop (1)
Day Care Facility (1)(3)
Fitness Centre
Financial Establishment
Health Clinic
Home Occupation
Hospice
Hotel
Indoor Recreation
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 107
SECTION 8 Page 2 of 4
UseMIX-1 MIX-2 MIX-3 MIX-4
Major Office
Multiple Dwelling
Museum
Office
Personal Services
Print Shop
Place of Worship(1)
Private Club or Lodge
Light Repair Operation(1)
Residential Care Facility, Large
Restaurant
Retail
Studio (1)
Veterinary Services
Additional Regulations for Permitted Uses Table 8.1
A-2015
(1) Shall be located in a building with three or more permitted uses listed in Table 8.2
(2) A dwelling unit is not permitted on the first storey of a building fronting a street.
(3) Shall only be permitted within a mixed use building or mixed use development
containing a minimum of 20 dwelling units or a Large Residential Care Facility
occupied by 20 persons or a building containing a minimum of 4,700 square metres
ofgross floor area for an office.
(4) A maximum gross floor area of 3,500 square metres is permitted for each individual
freestanding retail outlet.
(5) A maximum gross floor area of 2,500 square metres is permitted for each individual
freestanding retail outlet. A food store is only permitted in a mixed use development
to a maximum gross floor area of 5,000 square metres.
(6) A maximum gross floor area of 5,000 square metres is permitted within each
freestanding retail outlet. A food store is only permitted in a mixed use development
to a maximum gross floor area of 10,000 square metres.
8.3 Regulations
A-2015
The regulations for lots in a Mixed Use Zone are set out in Table 8.2 below.
Table 8-2: Mixed Use Zone Regulations
Regulation MIX-1 MIX-2 MIX-3 MIX-4
Minimum Lot Width 15m 15m 15m 15m
Minimum Front Yard Setback 1.5m 1.5m 1.5m 1.5m
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 108
SECTION 8 Page 3 of 4
Regulation MIX-1 MIX-2 MIX-3 MIX-4
Minimum Exterior Side Yard
1.5m 1.5m 1.5m 1.5m
Setback
Minimum Rear Yard Setback 7.5m 7.5m 7.5m 7.5m
Minimum YardSetback abutting
a property zoned for a low 7.5m 7.5m 7.5m 7.5m
density residential use
Minimum Building Height 7.5m 11m 11m 11m
Maximum Building Height 14m 24m(1) 32m(1)
Minimum Floor Space Ratio 0.6 1.0 0.6 1.0
Maximum Floor Space Ratio 1.0 2.0 2.0 4.0
Maximum non-residential Gross
222
7,500m(2) 7,500m(2) 10,000m
Floor Area
Minimum Percent of non-
20%
residentialGross Floor Area
Maximum Percent of non-
60%
residentialGross Floor Area
50% of the
50% of the 50% of the 50% of the
Minimum Width of Primary First
length of the length of length of the length of the
StoreyFaçade
frontingstreetfrontingstreet frontingstreetfrontingstreet
Minimum Percent of Façade
40% (3) 40%(3) 40% (3) 40% ((3)
Openings
Minimum Landscaped Area 15% 15% 15% 15%
Additional Regulations for Zone Regulations Table 8.2
A-2015
(1)Buildings greater than 14 metres in height will require a podium. Each storey of a
building located above the building’spodium shall have a stepback of 1.5 metres to a
maximum stepback of 10 metres.
(2) Of which a maximum gross floor area of 5,000 square metres for retail or office shall
be permitted.
(3) The horizontal distance between display windows or entrances shall not exceed 4.0
metres
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 109
SECTION 8 Page 4 of 4
8.4 Visual Barrier
A-2015
Where a property zoned MIX abuts a property zoned for a residential use, a visual barrier
shall be provided in accordance with Section 4.23 of this By-law.
8.5 Outdoor Storage
A-2015
Nooutdoor storage of goods, materials or equipment shall be permitted in any front yard or
exterior side yard. This shall not, however, prevent the display of goods or materials for retail
purposes.
A-2015
8.6 Other 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.
8.6.1. Notwithstanding Section 5 of this by-law, for buildings constructed after the date that the MIX
zone was applied to the land, parking spaces and/or loading spaces shall not be permitted to
locate in the front yard or exterior side yard(s).
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 110
SECTION 9 Page 1 of 4
SECTION 9 - Commercial Zones (COM)
The Commercial Zones apply to lands designated Commercial and Commercial Campus in
the Official Plan as well as certain lands designated Residential.
9.1 Applicable Zones
COM-1: Local Commercial the purpose of this zone is to accommodate complementary
C-1
commercial uses within residential neighbourhoods in Community Areas.
Modified
C-2, C-3,
COM-2: General Commercial the purpose of this zone is to accommodate retail and
C-4
Modified
COM-3: Arterial Corridor - Commercial the purpose of this zone is to accommodate the
C-6
Modified
retailing of bulky, space intensive goods and service commercial uses predominately serving
the travelling public within Arterial Corridors.
C-7
Deleted
COM-4: Commercial Campus the purpose of this zone is to accommodate a range of retail
C-8
and commercial uses functioning as a unit within comprehensively planned campuses within
Modified
City Nodes.
COM-5:Major Transit Station Area -Commercial the purpose of this zone is to
C-5
Modified
accommodatetransit supportive and transit-oriented
Transit Station Areas.
9.2 Permitted Uses
No person shall, within any Commercial Zone use or permit the use of any lot or erect, alter
Existing
or use any building or structure for any purpose other than those permitted uses within Table
7.1, 8.1,
9.1, 10.1,
9-1 below.
11.1, 12.1,
13.1, 13A.1
Table 9-1: Permitted Uses within the Commercial Zones
Modified
UseCOM-1COM-2COM-3COM-4COM-5
Amusement Park (1)(1)(1)
(2)
Automotive Detailing and
(3)(3)(3)
Repair Operation
Brewpub(2)
(4)(4)(4)
Car Wash
(2)
Catering Service Establishment
Commercial Entertainment
Commercial Parking Facility
Commercial School
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) first draft C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 111
SECTION 9 Page 2 of 4
UseCOM-1COM-2COM-3COM-4COM-5
Conference, Convention or
Exhibition Facility
(2)
Craftsperson Shop
Day Care Facility(2)
(4)(4)(4)
Drive-ThroughFacility
Dwelling Unit(5)(5)(6)
Financial Establishment(2)
(2)
Fitness Centre
Funeral Home
Gas Station(2)(7)(7)(7)(7)
(2)
Health Clinic
Health Office(2)
(8)(8)
Home Occupation
Hotel
Manufacturing (9)
(2)(10)(10)(10)
Office
Payday Loan Establishment
Pet ServicesEstablishment
(2)
Personal Services
Place of Worship
Print Shop
(3)(11)
Repair Operation, Heavy
Repair Operation, Light(11)
(2)
Restaurant
Retail(12)
(13)
Retail, Convenience(2)
Retail, Large Merchandise
Retail And/or Storage Of Motor
Vehicles And Major Recreation
Equipment And Parts And
Accessories
(2)
Retail Outlet, Propane
Studio(2)
Tradesper
Establishment
Transportation Depot(14)
Veterinary Services
Warehouse
(11)(14)
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) first draft C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 112
SECTION 9 Page 3 of 4
Additional Regulations for Permitted Uses Table 9-1
New
(1) Shall not be permitted on a lot abutting a RESZone.
7.2Modified
(2) A maximum gross floor area of 300 square metres is permitted.
(3) Shall be permitted in accordance with 4.19.2.
12.1, 13A.1
(4) Shall be permitted in accordance with 4.19.5.
(5) Shall be located within a multi-unit building or a mixed use building containing at least
7.2, 8.2, 9.2,
10.2, 11.2
one permitted use listed in Table 9.1, and except for access, shall not be located on
the ground floor.
OP
(6) The maximum Floor Space Ratio for dwelling units shall be 2.0.
15.D.5.20.b ii
(7) Shall be permitted in accordance with 4.19.6.
(8) Shall be permitted in accordance with 4.9.
(9) Only existing uses as of the date of the passing of this By-Law shall be permitted.
12.2.1,
13A.2.1a
(10) Atotal maximum gross floor area of 4,000 square metres is permitted on a lot.
Modified, OP
15.D.5.6
(11) Despite Section 4.2, a maximum of 25 per cent of the gross floor area of building(s)
occupied by a light repair operation,heavy repair operation or warehouse shall be
12.2.1,
Modified
used for accessory retail purposes.
(12) Individual retail outlets shall have a minimum gross floor area of 1,500 square metres.
13A.2.1,
Modified
(13)Individual retail outlets shall have a maximum ofgross floor areaof Xsquare metres.
12.1A,
(14) Shall not include a noxious use.
Modified
9.3 Regulations
The regulations for lots in a Commercial Zone are set out in Table 9-2 below.
Table 9-2: Commercial Zones Regulations
Existing
RegulationCOM-1COM-2COM-3COM-4COM-5
7.2, 8.2,
Minimum Lot Width15m15m15m30m15m
9.2, 10.2,
11.2, 12.2,
Minimum Front Yard Setback3m3m6m6m1.5m
13.3, 13A.2
Modified
Minimum Exterior Side Yard
3m3m6m6m1.5m
Setback
a) AbuttingaRES
Minimum
1.5m7.5m7.5m7.5m7.5m
zoned property
Interior
Side Yard
b)Abutting A Property
1.5m3m3m3m1.5m
Setback
Other Than a)
Minimum Rear Yard Setback7.5m7.5m7.5m7.5m7.5m
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) first draft C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 113
SECTION 9 Page 4 of 4
RegulationCOM-1COM-2COM-3COM-4COM-5
Minimum Rear Yard Setbackor
Side YardSetbackfor Non-
Residential Uses Abutting a Rail 1.5m1.5m1.5m1.5m1.5m
right-ofwayor Ontario Hydro right-
ofway
MinimumBuildingHeightTBD
Maximum BuildingHeight11m15m
MinimumFloor Space RatioTBD
Maximum Floor Space Ratio0.6
Minimum Landscaped Area15%20%20%20%20%
Maximum Total Non-residential
22222
Gross Floor Area within multi-unit 10,000m10,000m10,000m42,000m42,000m
building ormulti-unit development
Existing
9.4 Visual Barrier
7.2, 8.2,
9.2, 10.2,
Where a property zoned COM abuts a property zoned RES, a visual barrier shall be provided
12.2, 13.3,
13A.2
along the abutting lot line in accordance with Section 4.24 of this By-law.
Modified
9.5 Outdoor Storage
Existing
12.2, 13A.2
No outdoor storage of goods, materials, or equipment shall be permitted in a front yard, an
Modified
exterior side yard, or within 7.5 metres of an abutting RESZone. However, this shall not
prevent the display of goods or materials for retail purposes.
9.6 Other Applicable Regulations and Sections
For other applicable regulations and sections see Section 3: Definitions, Section 4: General
New
Regulations and, Section 5: Parking, Loading, and Stacking.
9.6.1DespiteSection 5 of this by-law, for buildings constructed after the date that the COM-5 zone
was applied to the land, parking spaces and/or loading spaces shall not be permitted to
locate in the front yard or exterior side yard(s).
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) first draft C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 114
SECTION 10 Page 1 of 4
SECTION 10 - Employment Zones (EMP)
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
A-2015
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 Station
Areas.
A-2015
EMP-2: General Industrial Employment – the purpose of this zone is to accommodate a
Deleted
broad range of industrial uses that are not noxious uses.
M-3 Zone
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 or products.
EMP-4: Service Business Park Employment – the purpose of this zone is to accommodate
industrialuses and limited complimentary uses that support adjacent EMP-1 and EMP-2
zoned lands. EMP-4 zoned 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
A-2015
limited range of industrial employment uses on lands that are generally located adjacent to
Deleted
EMP-2 and EMP-3 lands to provide a transition from noxioususes.
B-4 Zone
10.2 Permitted Uses
A-2015
Noperson shall, within anyEmployment Zone use or permit the use of any lot or erect, alter
oruse any building or structure for any purpose other than those permitted uses within Table
10-1 below.
Table 10-1: Permitted Uses within the Employment Zones
Use EMP-1 EMP-2 EMP-3 EMP-4 EMP-5
Adult Sex Film Theatre (1)
Automotive Detailing and Repair
Operation(2)
Biotechnological Establishment
Building Material Supply
Bulk Fuel and Oil Storage
Establishment
Canine and Feline Grooming (3) (5)
Car Wash (4)
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 115
SECTION 10 Page 2 of 4
UseEMP-1 EMP-2 EMP-3 EMP-4 EMP-5
Catering Service Establishment
Commercial Driver and Training
Establishment
Commercial Vehicle Wash Facility
Computer, Electronic or Data Server
or Processing Establishment
Craftsperson Shop
Day Care Facility (5)
ExistingResidential Uses (6)
Financial Establishment (5)
Fitness Centre (5)
Garden Centre, Nursery, and/or
Landscaping Supply
Gas Station (4)
Health Clinic (5)
Major Equipment Supply and
Service
Manufacturing (2)(7) (8) (8) (8) (8)
Office
Personal Services (5)
Printing or Publishing Establishment
Print Shops (5)
Propane Facility
Propane Cylinder Handling Facility
Propane Retail Outlet
Recycling Operation (Indoor)
Recycling Operation (Outdoor)
Repair Operation, Heavy (7)
Research and Development
Establishment
Restaurant(5)
Restoration, Janitorial or Security
Services (7)
Salvage or Scrap Yard
Surveying, Engineering, Planning or
Design Establishment
A-2015
Tradesperson or Contractor's
Deleted
Establishment (7)
19.2, 20.2,
Truck Transport Terminal (8) (8) (8)
21.2, 22.2,
23.2, 24.2,
Veterinary Services (5)
252262
Warehousing (8)
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 116
SECTION 10 Page 3 of 4
Additional Regulations for Permitted Uses Table 10.2
(1) No building or part thereof 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-
A-2015
secondary schools (including offices of the Waterloo Region District School Board),
place of worship,offices of the Family and Children Services of Waterloo Region or a
lot zoned to permit a residential use or another lot on which an Adult Sex Film
Theatre is located. Such separation distance is to be measured from the closest
points of the lot lines associated with each lot.
(2)Retailusesare permitted as an accessoryuse and shall be located on the same
A-2015
premises as the principal use to a maximum of 25 per cent of the gross floor area of
thebuilding.
(3) Shall also permit associated canine and feline boarding and training.
A-2015
(4) Permitted in accordance with Sections 12.2.2 and 13.3. of Zoning By-law 85-1
A-2015
(5) Shall be located within a multi-unitbuilding containing at least one permitted use
listed in Table 10-1 not subject to this provision. Individual units shall not exceed
A-2015
1,500 square metres of gross floor area.
(6) Any additions or alterations shall be in accordance with Section 39.2 of Zoning By-law
A-2015
85-1.
A-2015
(7)Industrial Administrative Officeuses are permitted as an accessory use and 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.
A-2015
(8) Shall not include a noxious use.
10.3 Regulations
A-2015
The regulations for lots in anEmployment Zone are set out in Table 10-3 below.
Table 10-3: Regulations for Employment Zones
Regulation EMP-1 EMP-2 EMP-3 EMP-4 EMP-5
22
Minimum Lot Area 2,000m 2,000m
Minimum Lot Width 12.0m 12.0m 12.0m 25.0m 25.0m
Minimum Front Yard Setback 6.0m 6.0m 6.0m 6.0m 6.0m
Minimum Interior Side Yard
1.5m 1.5m 1.5m 1.5m 1.5m
Setback
Minimum Exterior Side Yard
6.0m 6.0m 6.0m 6.0m 6.0m
Setback
Minimum Rear Yard Setback 7.5m 7.5m 7.5m 7.5m 7.5m
Minimum Rear Yard or Side Yard
Setback Abutting a Rail right-of-
1.5m 1.5m 1.5m 1.5m 1.5m
way or Ontario Hydro right-of-
way
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 117
SECTION 10 Page 4 of 4
Regulation EMP-1 EMP-2 EMP-3 EMP-4 EMP-5
Minimum YardSetback Abutting
a Property Zoned for a
Residential Use
i. 7.5m i. 7.5m i. 7.5m i. 7.5m i.7.5m
i. A building constructed without
ii. 14.0mii. 14.0mii. 14.0m ii. 14.0mii. 14.0m
openings
ii. A building constructed with
openings
Maximum Building Height for a
buildingsetback less than 14.0m
10.5m 10.5m 10.5m 10.5m 10.5m
from a yard abutting a property
zoned for a residential use
10.4 Visual Barrier
A-2015
Where a property zoned EMP abuts a property zoned for a residential use, a visual barrier
shall be provided in accordance with Section 4.23 of this By-law.
10.5 Outdoor Storage
A-2015
Nooutdoor storage of goods, materials, or equipment shall be permitted in a front yard, an
exterior side yard, or within 7.5 metres of a property zoned for a residential use. However,
this shall not prevent the display of goods or materials for retail purposes.
10.6 Other Applicable Regulations and Sections
A-2015
For other applicable regulations and sections see Section 3: Definitions, Section 4: General
Regulations and, Section 5: Parking, Loading, and Stacking.
10.6.1. Notwithstanding Section 5 of this By-law, no parking spaces and/or loading spaces shall be
permitted to locate within 7.5 metres of that part of a lot line that forms part of a boundary
with a property zoned for a residential use.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 118
SECTION 11 Page 1 of 2
SECTION 11 – Institutional (INS) Zones
The Institutional Zones apply to lands designated Institutional in the Official Plan.
11.1 Applicable Zones
C-2016
INS-1: Community Institutional Zone – the purpose of this zone is to accommodate
institutional uses that are intended to serve the immediate surrounding residential areas
INS-2: Major Institutional Zone – the purpose of this zone is to accommodate institutional
uses that are intended to serve a region and/or city-wide population on lands located within
Major Transit Station Areas or City Nodes or on lands elsewhere in the City that currently
contains these uses.
11.2 Permitted Uses
C-2016
No person shall, within any Institutional Zone useor permit the useof any lotor erect, alter or
useanybuildingorstructure for any purpose other than those permitted uses within Table
11-1 below.
Table 11-1: Permitted Uses within the Institutional Zones
UseINS-1 (1) INS-2 (1)
Artisan’s Establishment
Auditorium
Cemetery
Community Centre
Continuing Care Community
Cultural Facility
Day Care Facility
Funeral Home
Health Clinic
Health Office
Hospice
Hospital
Place of Worship
Residential Care Facility, Large
Residential Care Facility, Small
School, Elementary
School, Post-Secondary
School, Secondary
Social Service Establishment
Studio
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 119
SECTION 11 Page 2 of 2
Additional Regulations for Permitted Uses Table 11-1
C-2016
(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.
11.3 Regulations
C-2016
The regulations for lots in an Institutional Zone are set out in Table 11-2 below.
Table 11-2: Institutional Zone Regulations
Regulation INS-1 INS-2
Minimum Lot Width 15m 15m
Minimum Front Yard Setback 6m 4.5m (1)
Minimum Exterior Side YardSetback 6m 4.5m (1)
Minimum Interior Side Yard Setback 3m 3m (1)
Minimum Rear Yard Setback 7.5m 7.5m (1)
Maximum Building Height 14m (1)
Minimum Floor Space Ratio N/A 1.0(2)
Maximum Floor Space Ratio 1.0 (3) 3.0
Minimum Landscaped Area 20% 30%
Additional Regulations for Zone Regulations Table 11-2
(1)Buildingsgreater than 14 metres in height will require a podium. Each storey of a building
C-2016
located above the building’s podium shall have a stepback of 1.5 metres to a maximum
stepbackof 15 metres.
C-2016
(2) The minimum floor space ratio does not apply to a Secondary School or Post-Secondary
School.
(3) The maximum floor space ratio for a Large Residential Care Facility or a Continuing Care
C-2016
Community is 1.5.
11.4 Outdoor Storage
C-2016
Nooutdoor storage shall be permitted in an INS zone.
11.5 Other Applicable Regulations and Sections
C-2016
For other applicable regulations and sections see Section 3: Definitions, Section 4: General
Regulations and, Section 5: Parking, Loading, and Stacking.
11.5.1. Despite Section 5.2.4 a) of this by-law, for buildingsconstructed after the date that the INS
C-2016
zone was applied to the land, parking spaces and/or loading spaces shall not be permitted to
located in the front yard orexterior side yard.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 120
SECTION 12 Page 1 of 2
SECTION 12 - Agriculture Zones (AGR)
The Agriculture Zones apply to lands designated Prime Agriculture and Rural in the Official
Plan.
12.1 Applicable Zones
A-1
Deleted
AGR-1: Prime Agriculture – the purpose of this zone is to protect the land base for
New
agriculture, and support a thriving agricultural industry and rural economy.
AGR-2: Rural – the purpose of this zone is to permit a range of uses that support rural and
New
agricultural communities.
12.2 Permitted Uses
Noperson shall, within any Agriculture Zone use or permit the use of any lot or erect, alter or
Existing
use any building or structure for any purpose other than those permitted uses within Table
34.1
Modified
12-1 below.
Table 12-1: Permitted Uses within the Agriculture Zones
Use AGR-1 AGR-2
Agriculture (1)
Agriculture-Related (2)
Equestrian Establishment
Existing Residential Use
Major Equipment Supply and Service (3)
Pet Boarding
Pet Services Establishment
Veterinary Services
Additional Regulations for Permitted Uses Table 12-1
(1)On-farm diversified uses are permitted as accessory uses, shall be located on the
New
same premises as the principal use, and the total area of land occupied by the on-
OP 15.D.8.8
farm diversified use shall not exceed 2 percent of the total lot area.
(2) The total area of land occupied by the use shall not exceed 2 percent of the total lot
New
area.
OP 15.D.8.7
(3) Retail, service and repair of construction and large business machines shall be
New
prohibited.
OP 15.D.8.12
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 121
SECTION 12 Page 2 of 2
12.3 Regulations
The regulations for lots in an AgricultureZone are set out in Table 12-2 below.
Existing
34.3.1,
34.3.2
Table 12-2: Agriculture Zones Regulations
Modified
Regulation AGR-1 AGR-2
Minimum Lot Area (1) 40 hectares 40 hectares
Minimum Lot Width (1) 300.0m 300.0m
Minimum Front Yard 10.0m 10.0m
Minimum Side Yard 10.0m 10.0m
Minimum Rear Yard 10.0m 10.0m
Additional Regulations for Zone Regulations Table 12-2
(1) An existing lot with a lot area of less than 40 hectares and/or a lot width of less than
Existing
300 metres may only be used for agriculture.
34.3.4
Modified
12.4 Other Applicable Regulations and Sections
For other applicable regulations and sections see Section 3: Definitions, Section 4: General
New
Regulations and, Section 5: Parking, Loading, and Stacking.
Deleted
34.3.3
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 122
SECTION 13 Page 1 of 1
Section 13 - Natural Heritage Conservation Zones (NHC)
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,floodway and slope erosion
hazard.
13.1 Applicable Zones
A-2015
NHC-1: Natural Heritage Conservation - the purpose of this zone is to protect and/or
conserve natural heritage featuresand their ecological functions. Further, it is intended to
prevent the aggravation of existing natural hazards and the creation of new ones.
A-2015
13.2 Permitted Uses
Noperson shall, within any Natural Heritage Conservation Zone use or permit the use of any
lot or erect, alter or use any building or structure for any purpose other than those permitted
uses within Table 13-1 below.
A-2015
Deleted
Table 13-1: Permitted Uses within the Natural Heritage Conservation Zone
28.2, 29.2
Use NHC-1
Existing Agriculture
Natural Heritage Conservation (1)
Additional Regulation for Permitted Uses Table 13.1
(1)Outdoor Passive Recreation is permitted as an accessoryuse where it has been
demonstrated that such uses will have no significant negative impact on natural
heritage features or ecological functions of the Natural Heritage System.
13.3 Other Applicable Regulations and Sections
A-2015
For other applicable regulations, and sections see Section 3: Definitions, Section 4: General
Regulations and Section 5: Parking, Loading and Stacking.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 123
SECTION 14 Page 1 of 2
Section 14 - Existing Use Floodplain Zones (EUF)
The Existing Use Floodplain Zone applies to lands designated Natural Heritage
Conservation in the Official Plan that are located within the floodway where there is existing
development subject to flooding hazards.
A-2015
14.1 Applicable Zones
EUF-1: Existing Use Floodplain Zone - the purpose of this Zone is to recognize existing
usesand development, and not aggravate existing flooding hazards or create new ones,
and to reduce the risk to life and property in the event of flooding.
14.2 Permitted Uses
A-2015
Noperson shall, within any Existing Use Floodplain Zone use or permit the use of any lot or
erect, alter or use any building or structure for any purpose other than those permitted uses
within Table 14-1 below.
Table 14-1: Permitted Uses within the Existing Use Floodplain Zones
A-2015
Deleted
48.2
Use EUF-1
Only that useexisting on and continually used for, since the date that the
EUF Zone was applied to the land.
Ause within the same type of use as the useexisting on and continually
used for, since the date that the EUF Zone was applied to the land. The
subsequentuse must present less of a risk to life and property in the event
of flooding and be approved by the Grand River Conservation Authority.
AResidential use with the same or less residential units than that existing
on, and continually used for, since the date that the EUF Zone was applied
to the land in a residential dwelling that was existing on the date that the
EUF Zone was applied to the land.
A-2015
14.3 Regulations
The regulations for lots in an Existing Use Floodplain Zone are set out in Table 14-2 below.
Table 14-2: Regulations for Existing Use Floodplain Zones
Regulation EUF-1
For All Uses
Minimum Lot WidthWidthexisting on date that the EUF
Zone was applied to the land.
Not more than 25% of the gross floor
areaused for manufacturing, light
Location and Size of AccessoryRetail
repair operation or heavy repair
operation.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 124
SECTION 14 Page 2 of 2
Regulation EUF-1
For Additions And Alterations To or Replacement of Buildings Existing On The Date
That The EUF Zone Was Applied To The Lands
Minimum Front Yard 4.5m
Minimum Exterior Side Yard Setback 4.5m
i) 1.2m for a building less than 9.0m
in height.
ii) 2.5m for a building between 9.0 m
Minimum Interior Side YardSetback
and 10.5m in height.
iii) 6.0m for a building exceeding
10.5m in height.
Minimum Rear YardSetback 7.5m
Where permitted, above the elevation
of the regulatory floodline or at or
above the elevation of the ground floor
Location of New Habitable Floor Space and New
existing on the date that the EUF Zone
Mechanical, Electrical and Heating Equipment
was applied to the land, as authorized
under a permit obtained from the
Grand River Conservation Authority.
Location of BasementNone are permitted.
A Development, Interference with
Wetlands and Alterations to Shorelines
and Watercourses Permit (pursuant to
Ontario Regulation 150/06) shall be
Permit Requirement
obtained from the Grand River
Conservation Authority, where required
by the said Authority, in accordance
with Regulation 150/06.
14.4 Accessory Buildings
A-2015
In accordance with Section 4.1 and as authorized under a permit obtained from the Grand
River Conservation Authority.
A-2015
14.5 Outdoor Storage
Outdoor storageexisting on and continually usedsince the date that the EUF Zone was
applied to the land shall be permitted. No person shall use any land in whole or in part within
a EUF Zone for new outdoor storage, even as an accessoryuse.
14.6 Other Applicable Regulations and Sections
A-2015
For other applicable regulations, and sections see Section 3: Definitions, Section 4: General
Regulations and Section 5: Parking, Loading, and Stacking.
Notwithstanding Section 5, no underground parking facilities associated with any use will be
permitted.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 125
SECTION 15 Page 1 of 2
Section 15 - Recreation Zones (REC)
The Recreation Zone predominantly applies to lands designated Open Space in the Official
Plan, but may also be applied to lands designated Mixed Use, Institutional, Residential and
Urban Growth Centre (Downtown).
15.1 Applicable Zones
A-2015
REC-1: Recreation - the purpose of this Zone is to provide a comprehensive and connected
parkland and open space system. REC-1 lands provide opportunities for recreation in the
form of parks, trails, playgrounds and outdoor sports facilities as well as community facilities
including community centres, libraries and pools. REC-1 lands may also comprise of lands
not used for park or other public recreational purposes but form part of the overall open
space system.
A-2015 15.2 Permitted Uses
Noperson shall, within any Recreation Zone use or permit the use of any lot or erect, alter or
use any building or structure for any purpose other than those permitted uses within Table
15-1 below.
Table 15-1: Permitted Uses within the Recreation Zones
Use REC-1
A-2015
Community Facility
Deleted
30.2
Outdoor Active Recreation
Outdoor Passive Recreation
15.3 Regulations
A-2015
The regulations for lots in a Recreation Zone are set out in Table 15-2 below.
Table 15-2: Regulations for Recreation Zones
Regulation REC-1
Minimum Front Yard Setback 6.0m
Minimum Interior Side Yard Setback 6.0m
Minimum Exterior Side YardSetback 6.0m
7.5 metres or one-half the
Minimum Rear Yard Setbackbuilding height, whichever is
greater.
Minimum Setback of Any PrincipalBuilding from
6.0m
Residential Zone
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 126
SECTION 15 Page 2 of 2
15.4 Other Applicable Regulations and Sections
A-2015
For other applicable regulations and sections see Section 3: Definitions, Section 4: General
Regulations and Section 5: Parking, Loading, and Stacking.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 127
SECTION 16 Page 1 of 2
Section 16 - Major Infrastructure and Utility Zones (MIU)
The Major Infrastructure and Utility Zone applies to lands designated Major Infrastructure and
Utility in the Official Plan.
16.1 Applicable Zones
B-2016
MIU-1: Major Infrastructure and Utility - the purpose of this zone is to provide for large scale
infrastructure and utilities public uses.
16.2 Permitted Uses
B-2016
Noperson shall, within any Major Infrastructure and Utility Zone use or permit the use of any
lot or erect, alter or useanybuilding or structure for any purpose other than those permitted
useswithin Table 12.1 below.
Table 16-1: Permitted Uses within the Mixed Use Zones
Use MIU-1
Electrical Transformer Station
Public Works Yard
Transportation Facility
Waste Management Facility
Waste and Wastewater Treatment Facility
16.3 Regulations
B-2016
The regulations for lots in a Major Infrastructure and Utility Zone are set out in Table 12.2
below.
Table 16-2: Major Infrastructure and Utility Regulations
Regulation
Minimum Front Yard Setback 7.5m
Minimum Exterior Side Yard Setback 6.0m
Minimum Interior Side Yard Setback 6.0m
Minimum Rear Yard Setback 7.5m
Minimum Front Yard,Side Yard and Rear Yard Setback abutting a 15m
property zoned for a residential use
16.4 Visual Barrier
B-2016
Where a property zoned MIU abuts a property zoned for a residential use, a visual barrier
shall be provided in accordance with Section 4.23 of this By-law. The minimum depth of a
visual barrier shall be 6.0m.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 128
SECTION 16 Page 2 of 2
16.5 Outdoor Storage
B-2016
Nooutdoor storage of materials or equipment shall be permitted in any front yard or exterior
side yard or within 7.5m of a property zoned for a residential use.
16.6 Other Applicable Regulations and Sections
B-2016
For other applicable regulations and sections see Section 3: Definitions, Section 4: General
Regulations and, Section 5: Parking, Loading, and Stacking.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 129
SECTION 17 Page 1 of 1
Section 17 - Stormwater Management Zones (SWM)
The Stormwater Management (SWM) Zone may be applied to lands within any land use
designation in the Official Plan with stormwater management facilities.
17.1 Applicable Zones
A-2015
SWM-1: Stormwater Management - the purpose of this Zone is for lands to be used only for
stormwater management facilities and for passive non-intensive outdoor recreation activities.
A-2015
17.2 Permitted Uses
Noperson shall, within any Stormwater Management Zone use or permit the use of any lot or
erect, alter or use any building or structure for any purpose other than those permitted uses
within Table 17-1 below.
Table 17-1: Permitted Uses within the Stormwater Management Zone
Use SWM-1
Stormwater Management Facility
Additional Regulation for Permitted Uses Table 17.1
(1) Outdoor, Recreation, Passive is permitted as an accessoryuse.
A-2015
17.3 Other 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 First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 130
SECTION 18 Page 1 of 3
Section 18 - Overlays
Overlays are shown on the Schedules in Appendix A with a hatching over top of the
underlying zones. Overlays are a second layer of regulations that take precedence over the
underlyingzoneand mayalter, add or remove some of the regulations affecting the use of
land within the overlay.
18.1 Applicable Overlays
A-2015
Flooding Hazard: the purpose of this overlay is to identify lands that are susceptible to
flooding hazards and prevent the: injury or the loss of life and 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 the: injury or the loss of life and 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 and Significant Landforms that subject to an
Environmental Impact Study or other appropriate study prior to development, redevelopment,
orsite alteration.
Ecological Restoration Areas: the purpose of this overlay is to identify lands within Ecological
Restoration Areas subject to an Environmental Impact Study or other appropriate study prior
to development, redevelopment, or site alteration.
18.2 Regulations
18.2.1 Flooding Hazard
A-2015
ii) Notwithstanding anything else in this By-law, the following usesshall not be permitted
to locate within lands containing a Flooding Hazard Overlay:
i) An institutional use including a hospital,elementaryschool, secondary school,
day care facility, small residential care facility and largeresidential care
facility:
ii) an essential emergency service such as that provided by fire, police, and
ambulance stations and electrical substations;
iii) a use with outdoor storage of any materials, either temporary or permanent;
or,
iv) a use with the disposal, manufacturing, treatment, or storage of hazardous
chemicals and/or substances.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 131
SECTION 18 Page 2 of 3
iii) 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 the said
Authority, in accordance with Regulation 150/06.
iv) Prior to new development, expansions, or alterations in accordance with the
underlying zone, floodproofing standards and/or Protection Works Standards shall be
implemented.
18.2.2 Slope Erosion Hazard
A-2015
a) Notwithstanding anything else in this By-law, the following uses shall not be permitted
to locate within lands containing a Slope Erosion Hazard Overlay:
i) An institutional use including a hospital,elementaryschool,secondary school,
day care facility, small residential care facility and largeresidential care
facility:
ii) an essential emergency service such as that provided by fire, police, and
ambulance stations and electrical substations;
iii) a use with outdoor storage of any materials, either temporary or permanent;
or,
iv) a use with the disposal, manufacturing, treatment, or storage of hazardous
chemicals and/or substances.
b) Prior to development, redevelopment or site 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 Province’s standards;
ii) development, redevelopment or site alteration is carried out in accordance
with Protection Works Standards, and access standards;
iii) vehicles and people 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,
vi) a Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses Permit (Pursuant to Ontario Regulation 150/06) is issued by the
Grand River Conservation Authority.
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 132
SECTION 18 Page 3 of 3
c) 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 or structure is 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.
18.2.3 Significant Wildlife Habitat and Significant Landforms
A-2015
Any development, redevelopment, or site alteration in accordance with the underlying zone
will be subject to an approved Environmental Impact Study or other appropriate study.
18.2.4 Ecological Restoration Areas
A-2015
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 First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 133
SECTION 19 Page 1 of 3
Section 19 – Transition Provisions
19.1 General Transition Matters
B-2016
Subject to section 1.4 and except as provided in sections 19.2 and 19.3, the provisions of
this by-law will otherwise apply.
B-2016
19.2 Complete Application Transition Matters
For the purposes of Section 19.2, complete application means an application that contains
sufficient 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.
a) Despite sections 1.7 and 1.12, nothing in this By-law applies to prevent the issuance of
anybuilding permit if:
i) A complete application for such building permit 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 as it existed immediately before its repeal; or,
ii) A complete application for such building permit was made after the effective date of
this By-law and is in respect of a lot to which subsections (b) or (c) apply and the said
complete application complied with the provisions of By-law 85-1 as it existed
immediately before its repeal;
b) Despite sections 1.7 and 1.12, nothing in the By-law applies to prevent the issuance of
any site plan control approval if:
i) 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 as it existed immediately before its repeal;
c) Despite sections 1.7 and 1.12, nothing in the By-law applies to prevent the issuance of
the final approval of a plan of subdivision or plan of condominium if:
i) A complete application for such plan of subdivision or plan of condominium 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 as it existed immediately before its
repeal.
19.3 Transition Sunset Clause
B-2016
Sections 19.1 to 19.3 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 First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 134
SECTION 19 Page 2 of 3
B-2016
19.4 Site Plan Agreements and Site Plan Approvals
Deleted
existing
a) Where a complete Site Plan application has been received by the City prior to July
2.4 c)
31, 2014, and where a Site Plan Agreement has been entered into and signed by
and f)
Owner and the City prior to December 31, 2014, and where a building permit is
issued prior to July 31, 2016, the following shall apply:
i) Notwithstanding Section 3 of this By-law, Building Height shall mean the
B-2016
vertical distance between the highest finished grade level at the perimeter of
Existing
thebuilding and the uppermost point of the building. Provided, however,
2.4 d)
where this By-law requires building height to be calculated to determine a
To be
minimum rear yard or a minimum side yard requirement, building height shall
deleted
mean the vertical distance between the lowest finished grade elevation along
once
thelot line related to such yard at that point closest to the building and the
dates
horizontal extension of the uppermost point of the building. Antennae,
expire
chimneys, spires, cupolas, elevator penthouses, or other similar features shall
be disregarded in calculating building height. In the case of a building on a lot
within more than one zone, building heights shall be measured to the
uppermost point of that portion of the building within each zone.
ii) Notwithstanding Section 6.1.2.a of By-law 85-1, the minimum required off-
street parking for a Multiple Dwelling totaling 4 or more dwelling units
containingdwelling units having a floor area of 51.0 square metres or less
may be 0.165 spaces for each dwelling unit less than 51.0 square metres in
size, provided that this does not apply to more than 60% of all dwelling units
on a lot.
19.5 Property Specific Site Plan Agreements and Site Plan Approvals
B-2016
Existing
Where a complete Site Plan application has been received by the Cityprior to June 30, 2016,
2.4 e)
and where a Site Plan Agreement has been entered into and signed by Owner and the City
To be
and a building permit is issued prior to December 31, 2016; the following shall apply:
deleted
once
a) Notwithstanding Section 6.1.2.a of this By-law 85-1, the minimum required off-street
dates
parking for a Multiple Dwelling totaling 4 or more dwelling units containing dwelling
expire
units having a floor area of 51.0 square metres or less may be 0.165 spaces for each
dwelling unit less than 51.0 square metres in size, provided that this does not apply to
more than 60% of all dwelling units on a lot.
b) Regulations outlined in subsection a) above shall apply only for properties municipally
addressed as:
54 Bridge Street West (Pt. Lot 59 GCT, being Pts 2 & 3 on 58R-17146;
Kitchener),
190 Century Hill Drive (Block 425, Plan 1375 Kitchener),
51-53 David Street (Lot 146 Subdivision of Lot 17 GCT, Kitchener),
58 Howe Drive (Part Lot 47 GCT, Being Part 1 on 58R-13007; Kitchener),
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 135
SECTION 19 Page 3 of 3
169 Lancaster Street West (Part Park Lot 551, Plan 378, Kitchener; Part
Lot 119 Streets & Lanes Kitchener Part 1, 2, 58R3605; Kitchener),
361-371 Lancaster Street West (Part Lot 19-20 Plan 789, Kitchener as in
286987 & 833644; Kitchener),
65 Madison Avenue South (Part Lot 4 E/S Albert St. Plan 365, Kitchener
as in 1385735; Kitchener),
71 Madison Avenue South (Part Lot 4 E/S Albert St. Plan 365 Kitchener as
in 743228; Kitchener),
79 Madison Avenue South (Part Lot 4 E/S Albert St. Plan 365 Kitchener;
Part Lot 5 Plan 390 Kitchener as in 480694; Kitchener; and
24 Morrison Road (Part Lot 2, Plan 987 Kitchener; Part Lot 12 Beasley’s
Old Survey Kitchener; Part Lot 53 GCT Kitchener Part 2 to 9, 11 & 12,
58R-5522; Kitchener).
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 136
Appendix A Page 1 of 1
Appendix A - Zoning Grid Schedules
Zoning Grid Schedules can be accessed at www.kitchener.ca/crozby
City of Kitchener First Draft Zoning By–law (April 2017)
Component D (April 2017) first draft
Component A (2015) first draft –A-2015
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Regulation or definition to be reviewed in future Component
Previously tabled. No additional changes proposed at this time
1 - 137
Appendix B Page 1 of 1
Appendix B-
Property Detail Schedules can be accessed at www.kitchener.ca/crozby
City of Kitchener First Draft Zoning Bylaw (April 2017)
Component A (2015)first draftA-2015
Component D(April 2017) firstdraft
Component B (2016) first draft B-2016
Component C (2016) firstdraft C-2016
Regulation or definition to be reviewed in future Component
Previously tabled. No additional changes proposed at this time
1 - 138
Appendix C Page 1 of 1
Appendix C - Special Use Provisions for Specific Lands
Special Use Provisions for Specific Lands can be accessed at www.kitchener.ca/crozby
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Regulation or definition to be reviewed in future Component
Previously tabled. No additional changes proposed at this time
1 - 139
Appendix E Page 1 of 1
Appendix E - Temporary Use Provisions for Specific Lands
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component C (November 2016) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Regulation or definition to be reviewed in future Component
Previously tabled. No additional changes proposed at this time
1 - 140
Appendix F Page 1 of 1
Appendix F - Holding Provisions for Specific Lands
Holding Provisions for Specific Lands can be accessed at www.kitchener.ca/crozby
City of Kitchener First Draft Zoning By–law (April 2017)
Component D (April 2017) first draft
Component A (2015) first draft –A-2015
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Regulation or definition to be reviewed in future Component
Previously tabled. No additional changes proposed at this time
1 - 141
Appendix G Page 1 of 1
Appendix G - Holding Provisions for Services and Roadworks
Holding Provisions for Services and Roadworks can be accessed at www.kitchener.ca/crozby
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 142
Appendix H Page 1 of 1
Appendix H - Grand River Conservation Authority Regulated Area
Grand River Conservation Authority Regulated Area can be accessed at www.kitchener.ca/crozby
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 143
Appendix I Page 1 of 1
Appendix I – Planning Around Rapid Transit Stations (PARTS) Areas
The Planning Around Rapid Transit Stations (PARTS) Areas can be accessed at
www.kitchener.ca/crozby
City of Kitchener First Draft Zoning By–law (April 2017)
Component A (2015) first draft –A-2015
Component D (April 2017) first draft
Component B (2016) first draft – B-2016
Component C (2016) first draft – C-2016
Previously tabled. No additional changes proposed at this time
Regulation or definition to be reviewed in future Component
1 - 144
Attachment to
Planning & Strategic
Initiatives Committee
Agenda
April 3, 2016
RE: CSD-17-024
Appendix B
1 - 145
-
with
2
drive
menu station
forms the principal use
through facility must be
order -
and
shall be considered a
car wash
through facility shall include an automatic
Details-
drive
voice communication
new use permitted in the AGR zones
without
Component D Summary of Changes
Modified to align with new Official Plan Defines a Defines previously undefined term that was previously permitted within Modified to clarify that an automatic through facilityfrom definition
and are defined as separate use.Modified to specify may include tandem parkingModified to clarify it is for temporary parking and does not include the storage of motor vehicles.Modified
to clarify that the commercial parking facility of premises.Defines a new use permitted under the General RegulationsClarified does not include the exhibition of livestock.Modified
to clarify that includes stacking lanesorModified to clarify that the principal use of the drivea permitted useModified to confirm that acar wash but shall not include a gas stationDefines
a new use to align with new Official PlanModified to clarify the dwelling unit must have existed as of the date
--
Action
ModifiedNewNewNewModified from A2015ModifiedModifiedModifiedNewModifiedModified from B2016NewModified
1)
-
First Draft Zoning By-law
:
Section 4)
ly
ommercial
Section (85
AgricultureCar WashCEntertainmentCommercial RecreationCommercial Parking FacilityConference CentreExhibition FacilityDwelling Unit,
Appendix B
)
law
Facility
-
elated
R
-
DEFINITIONS (Former
New By
Related
-
Through Facility
-
Section (
SECTION 3 AgricultureAgricultureAmusement Park Animal ShelterAutomotive Detailing and Repair Operation Car WashCommercial Entertainment Commercial ParkingCommunity GardenConference,
Convention or Exhibition Facility DriveDwelling, FarmDwelling Unit, Coach House
1 - 146
-
3
in the
overnight
the
in the AGR zones
Decorating Supply Sales;
hotel.
Farm Diversified use
-
On
-
Details
accessory to agriculture
dicate includes a motel or motor
existing use (previously undefined) permitted in the AGR zones
Tools and Industrial or Farm Equipment; Sale of Pets and Pet
e of motor vehicles and major recreation equipment and parts and
Component D Summary of Changes
specified.Defines an Defines a new use permitted as a type of AGR zonesModified to inDefines a new use permitted Previously undefined. Defined to clearly indicate includes accommodation
of domestic animalsModified to include training as well as day time supervision of domestic animalsWill be updated in other zones of CRoZBy in final draftCWill be updated in other zones
of CRoZBy in final draftstoragDefines previously undefined 85repair of motor vehicles, major recreational equipment and parts and grocery and household items.Making Equipment Sales;
Building Material and Garden Centre and Nursery; Sale, Rental or Service of Business Machines and Office Supplies; Sale or Rental of Furniture and Electric or Electronic Appliances
or Electric or Electronic Equipment; Sale, Rental, Storage or Service ofSupplies; Sale of Sporting Goods.Intent to implement the retail uses permitted by Official Plan Policy
---
A
Action
NewNewModified from A2015NewModifiedModifiedDeletedModified from A2015NewModified from2015New
1)
-
First Draft Zoning By-law
:
Section (85
Coach HouseHotel BoardingCanine and Feline GroomingRetailRetail, Convenience
Appendix B
)
law
-
Establishment
New By
Farm Diversified
Section (
-
Equestrian EstablishmentHome IndustryHotel OnPet BoardingPet Services Private Club or LodgeRetailRetail And/or Storage Of Motor Vehicles And Major Recreation Equipment And Parts And
Accessories Retail, ConvenienceRetail, Large Merchandise
1 - 147
4
residential
-
. Regulations revised
rmitted.
15m from Residential
laced
through facility within 60 m of
-
rep
fuel pump island and a canopy
storage warehouses.
-
ire that
through facility is pe
DetailsDetails
-
certified by a professional engineer, is installed
regulations for buildings and structures, and maximum lot
through facility must be setback
-
to clarify includes dispatching of commercial motor vehicles
where visual barrier provided and setback 7.5 m from Residential
Component D Summary of Changes
space intenDefines a new use permitted under the General RegulationsModified transportation goods as well as passengers.Modified to clarify that includes selfAdded regulation to stipulate
that HVAC requirement for nonbuildings must be setback 3.0m from abutting Residential ZoneRegulation intent remained same. Updated terminology to reflect change in name of usesNew regulation
permitting Community Gardens as a use in specified zones, subject to setback coverage.Includes regulations that apply in addition to regulations specified by the zone category in which
a driveLot width requirement no longer differentiated for car wash, same as requirement as the zone the use is occurring withinRequirement for noise study to consider driveResidential
zone (or sensitive use) has been to stipulate driveZoneZone where acoustic barrier, Regulations apply in addition to regulations specified by the zone category in which a gas station
is permitted.Rather than prohibiting gas station on certain properties through special use provision, added regulation to requstructure above a fuel pump island be setback 30 m from
an abuttingResidential Zone.
ActionAction
NewModifiedModifiedModifiedModifiedNewModifiedModified/ New
1)1)
--
,
First Draft Zoning By-law
:
Section (85Section (85
Transportation DepotWarehouse5.6A5.2912.2.2, 13.35.26
Appendix B
)
lawlaw)
--
GENERAL REGULATIONS (Formerly Section 5)
Through Facility
New By
-
Automotive Detailing
Heating, ventilation Community GardensDriveGas Station
435
....6
Section (Section (New By
8
191919
eavy Repair Operation
Transportation DepotWarehouseSECTION 4 4.1and air conditioning equipment4.19.2and Repair Operation and H4.4.4.
1 - 148
a
3
-
land
5
.
COM
eparated
4,
-
Drive through Drive through
driveway
shall not be
5.
-
3, C
-
2, C
-
C
stacking lanes be s
5 replaces Credefined as Conference,
stacking lanes
-
Gas Station permitted in use in
5
that
-
-the medical laboratory component
2 replaces
-
res that
-
4 zones.
-
8 and COM
4, COM-
exterior side yard.captured
DetailsDetailsDetails-
tipulates
from Urban Design Manualfrom Urban Design Manual
1, COM
-
. Requi
S
or
.
captured within Commercial Entertainment,
3, COM3 and COM
Urban Structure Components and commercial
derivedderived
)
--
4 replaces C
front yard
-
.
1 replaces C
through aisle
-
-
2, COM2, COM
--
stipulate that loading spaces shall not be located within 7.5
Site OrganizationDrive
6, COM
-
1, COM1, COM
designations
--
s
7 zone (Gas Station Zone) removed
-
Component D Summary of Changes
Increased rear yard setback requirement from 1.5 m to 3 m.Increased minimum interior side yard setback requirement from 1.5 m to 3m.zones.Revised to metres of an abutting Residential
Zone New regulation addedfacilities located within in a New regulation addedfacilities minimum travelled distance of 16.5 metres from the closestCOMAlign with Official Plan useGenerally,
COMreplace CCCOMAudio Visual or Medical Laboratory has been combined with a Health ClinicConference Centre and Exhibition Facility Convention or Exhibition FacilityCanine and Feline
Grooming Commercial Recreation
7, 8, 9, 10, 11, 12, 13, 13A
ActionActionAction
NewNewNewModifiedModified
1)1)1)
3, 6,
---
First Draft Zoning By-law
,
--
:
2, C5, C8
---
1, C4, C7, C
---
Section (85Section (85Section (85
6.1.1.1CCC7.1, 8.1, 9.1, 10.1, 11.1, 12.1,12.1.A13.1, 13A.1
Appendix B
law)law)law)
---
PARKING, LOADING, AND STACKING (Formerly Section 6) COMMERCIAL (COM) ZONES (Formerly Section
Loading Space
.10
Applicable Zones
Section (New BySection (New BySection (New By
1912
.1 .2 Permitted Uses
4.MarketsSECTION 55.Provisions5.13 Stacking ProvisionsSECTION 999
1 - 149
.
not
5
-
in
6
oriented
-
lands
gross floor
Through
-
3, previously
-
not permitted uses in
3, previously permitted in
-
2 or COM
.-
Previously permitted in C
and Transportation Depot
5.
-
captured under Conference,
-
Repair Operation
captured under Automotive Detailing and
have been deleted and replaced with a new
-
Details
air Operation; Car Wash; Drive
.
3)
6. Not a permitted use in the Official plan
-
-
Commercial Schools permitted, other schools
-
4, C
ment; Sale of Pets and Pet Supplies; and, Sale of
-
not a permitted use in COM
6 (COM
ition Facility and/or Commercial School
-
3, C
not a permitted use in COM
-
captured under Large Merchandise Retail
replaced with Light
in C
not a permitted use in COM
captured under Warehouse2, C
-
tional Equipment
captured under Gas station
size no longer regulated by floor space ratio rather by
5, Official Plan direction to exclude low density and/or auto
-
6. Official Plan only allows limited types of retail within these
-
Component D Summary of Changes
ses.
ands designated Commercial
Amusement Park and Fitness CentreGas Bar Private Club or Lodge and Union HallConvention or ExhibProhibited uses Office areaRepair Service Sale, Rental or Service of Business Machines
and Office Supplies; Sale or Rental of Furniture and Electric or Electronic Appliances or Electric or Electronic Equipment; Sale, Rental, Storage or Service of Tools and Industrial
or Farm EquipSporting Goods Sale, Rental, Service, Storage or Repair of Motor Vehicles, Major Recreational Equipment and Parts and Accessories for Motor Vehicles or Major RecreaRepair
Operation and Retail And/or Storage Of Motor Vehicles And Major Recreation Equipment And Parts And AccessoriesWholesaling Automotive Detailing and RepFacility; Gas Station; Retail And
Storage Of Motor Vehicles And Major Recreation Equipment And Parts And Accessories COMuConvenience retail Cdesignated Commercial within Arterial CorridorDwelling unit Educational Establishment
are notPlace of worship permitted in ClTradesperson or Contractor's Establishment
Action
Deleted
1)
-
First Draft Zoning By-law
:
Section (85
Appendix B
law)
-
Section (New By
1 - 150
5
-
5
-
7
3 and
-
changed
Residential
-
way
-
2, COM
-
of
-
8. Industrial
-
for Non
(PARTS) implementation
1, limited to 0.6 to align with
-
1 limited to max. gross floor
1, 20% COM-
-
Setback
io Hydro right
or Ontar
Side Yard
added for COM
1.
DetailsDetails
minimum height to be considered for COM
-
or 15% for COM
way
--
minimum height to be considered for COM
of
-
4, previously permitted in C
rea
-
5
-
residential uses with COM
2 replaces A
-
-
egulate by Gross Floor Area rather than Gross Leasable
. R
AGR
Rear Yard SetbackLandscaped A
Residential Gross Floor Area revised to align with requirements of
-
and
, 15% for COM
to 1.5m
4
Abutting a Rail right
1
-
0
Non-
inimum
Component D Summary of Changes
a permitted use in COMEmployment types uses more appropriate in EMP zones. Amusement ParkBrewpubCatering Service EstablishmentFitness CentrePayday Loan EstablishmentPet Services EstablishmentPrint
ShopLot widthMaximum building heightMax Official PlanAreaMinimum Uses from Removed minimum lot area requirementsMaximum lot coverageMinimum building height through Planning Around Rapid
Transit Stations (PARTS) implementation Minimum Floor Space Ratio through Planning Around Rapid Transit Stations Maximum Floor Space Ratio requirements of Low Rise Residential land
use designation in Official PlanMCOMAll permitted nonarea of 300 sq mAGR
ActionAction
NewModifiedDeletedNewModified
1)1)
--
First Draft Zoning By-law
:
1
-
Section (85Section (85
7.2, 8.2, 9.2, 10.2, 11.2, 12.2, 13.3, 13A.2 A
Appendix B
)
law)law
--
New By
Section (New BySection (
.1 Applicable Zones
9.3 Regulations12
1 - 151
arm
F
-
n
8
arm
F
-agricultural
n
arding, Breeding,
new definition added for
rge business machines)
designations for Prime Agriculture and
Details
replaces Canine or Feline Bo
removed to align with new Official Plan, Existing
replaces Equine Boarding Service, Riding
Home Occupation permitted as a type of O
(permitted accessory to agriculture and subject to a
(subject to a maximum size threshold)
Home Occupation is permitted as a type of O
Related
replaces Canine or Feline Boarding, Breeding, Grooming or
-
Related
-
regulation for Existing Undersized Lot
s
Farm Diversified
-
iversified useiversified use
Component D Summary of Changes
Align with new Official Plan land use RuralPermitted uses listed for all zonesPet Boarding TrainingPet Services Establishment Grooming or TrainingEquestrian Establishment Stable or Riding
AcademyMajor Equipment Supply and Service (with additional regulation prohibiting retail, service and repair of construction and lareplaces Sale, Rental, Storage, Repair or Service
of Farm Tools and Farm EquipmentHome BusinessDPrivate Home Day CareDSingle Detached DwellingResidential Uses are permittedAgricultureExisting Residential Use Onmaximum size threshold)Regulations
listed for all zonesLot sizes, width and yard regulations standardized for all uses in zones to reflect lot creation policiesAdditional regulations for Minimum Lot Area and Minimum
Lot Width replaceSecond dwelling unit accessory to agriculture Dwelling, FarmReference to other applicable regulations and sections
Action
ModifiedDeletedNewModifiedDeletedModified
1)
-
First Draft Zoning By-law
:
.1
Section (85
3434.334.3.3
Appendix B
)
law
-
New By
Section (
12.2 Permitted Uses12.3 Regulations12.4 Other Applicable Regulations and Sections
1 - 152