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HomeMy WebLinkAboutBy-law No. 2018-094 - Residential Intensification in Establish Neighbourhoods (RIENS)NO APPEALS HAVE BEEN RECEIVED. This by-law is approved and becomes effective 27th day of August, 2018. BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as. the Zoning By-law for the City of Kitchener — Implementation of specific Residential Intensification in Established Neighbourhoods (RIENS) Recommendations) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1„ Section 3.5 of By-law 85-1, is hereby amended by deleting the first sentence in its entirety and replacing it as follows: 'Appendix "'A", Appendix "B", Appendix "C" Appendix ""O„ Appendix "E", Appendix "F" Appendix "G", and Appendix "H" attached hereto are hereby incorporated in and are declared to form part of this By-law. " 2. Section 3.5 of By-law 85-1, is hereby further amended by adding sub -section 3.5.8 after sub- section 3.5.7 as follows: �3.5m8 APPENDIX °"H" ,-- RESIDENTIAL IINTE NEIGHBOURHOODS STUDY (RIENS The Residential Intensification in Established Neighbourhoods Study (RIENS) Area, as delineated on Appendix "H", is delineated for the purposes of specific regulations that are included in Section 5 and Sections 36 to 41." 3. Section 5.5 of By-law 85-1, is hereby amended by adding section 5.51D after section 5.5C as follows: BMW For lands identified on Appendix 'H' and zoned R-2, R-3, R-4, R-5, R-6, or R-7, an attached garage, associated with a single detached dwelling, duplex dwelling, semi- detached house, semi-detached duplex house, and street townhouse dwelling shall not project beyond the front fagade of the habitable portion of the dwelling." 4. Sections 36.2.1, 37.2.1, 38.2.1, 38.2.2, 39.2.1, 39.2.2, 39.2.4 40.2.2, 40.2.3, 40.2.4, 40.2.6, 41.2.2, and 41.2.3 of By-law 85-1 are hereby amended by adding the following provisions after "Minimum Front Yard and Minimum Side Yard Abutting a Street" and before "Minimum Side Yard"; and Section 40.2.5, and 41.2.5 of By-law 85-1 are hereby amended by adding the following provisions after "Minimum Front Yard" and before "Minimum Side Yard": "Minimum Front Yard for lands identified on a) For dwellings and additions to dwellings Appendix'H' that project into the existing front yard constructed after the effective date of this Maximum Front Yard for lands identified on Appendix `H' by-law i) The average of the front yards of the abutting lots, minus 1.0 metre; ii) In the case where there is a vacant lot abutting the. affected lot, the average of the front yards, minus 1.0 metre, of the closest building on the next adjacent lot, which must be no more than 30 metres from the affected lot's closest side lot line; iii) In the case of a corner lot, the front yard, minus 1.0 metre, of the abutting lot on which the dwelling faces the same side of the street Notwithstanding the foregoing, no part of any building used to accommodate off- street parking shall be located closer than 6.0 metres to the street line. b), In all other cases, the minimum front yard shall be 4.5 metres. Notwithstanding the foregoing, no part of any building used to accommodate off-street parking shall be located closer than 6.0 metres to the street line. a) For dwellings and additions to dwellings that project into the existing front yard constructed after the effective date of this by-law: i) The average of the front yards of the abutting lots, plus 1.0 metre; ii) In the case where there is a vacant lot abutting the affected lot, the average of the front yards, plus 1.0 metre, of the closest building on the next adjacent lot, which must be no more than 30 metres from the affected lot's closest side lot line; iii) In the case of a corner lot, the front yard, plus 1.0 metre, of the abutting lot on which the dwelling faces the same side of the street, Notwithstanding the foregoing, no part of any building used to accommodate off- street parking shall be located closer than 6.0 metres to the street line. b) In all other cases there is no maximum front yard." 5, Section 41.2.6 of By-law 85-1 is hereby amended by adding the following provisions after "Minimum Front Yard and Minimum Side Yard Abutting a Street" and before "Minimum Side Yard": "Minimum Front Yard for lands identified on Appendix 'H' Maximum Front Yard for lands identified on Appendix 'H' a), For dwellings and additions to dwellings that project into the existing front yard constructed after the effective date of this bylaw: I) For that portion of a dwelling with a building height not exceeding 10.5 metres, the average of the front yards of the abutting lots, minus 1.0 metre. An additional setback of 1.5 metres shall be required for every additional portion of additional 3.0 metres of building height thereafter; ii) In the case where there is a vacant lot abutting the affected lot, for that portion of a dwelling with a building height not exceeding 10.5 metres, the average of the front yards, minus 1.0 metre, of the closest building on the next adjacent lot, which must be no more than 30 metres from the affected lot's closest side lot line. An additional setback of 1.5 metres shall be required for every additional portion of additional 3.0 metres of building height thereafter; iii) In the case of a corner lot, for that portion of a dwelling with a building height not exceeding 10.5 metres, the front yard, minus 1.0 metre, of the abutting lot on which the dwelling faces the same side of the street. An additional setback of 1.5 metres shall be required for every additional portion of additional 3.0 metres of building height thereafter. b) In all other cases the minimum front yard shall be 4.5 metres for that portion of a multiple dwelling within a building height not exceeding 10.5 metres, and an additional setback of 1.5 metres shall be required for every additional portion of additional 3.0 metres of building height thereafter. a) For dwellings and additions to dwellings that project into the existing front yard constructed after the effective date of this by-law: i) For that portion of a dwelling with a building height not exceeding 10.5 metres, the average of the front yards of the abutting lots, plus 1.0 metre, on which the dwellings face the same side of the street; ii) In the case where there is a vacant lot abutting the affected lot, for that portion of a dwelling with a building height not exceeding 10.5 metres, the average of the front yards, plus 1.0 metre, of the closest building on the next adjacent lot, which must be no more than 30 metres from the affected lot's closest side lot line; iii) In the case of a corner lot, for that portion of a multiple dwelling with a building height not exceeding 10.5 metres, the front yard, plus 1.0 metre, of the abutting lot on which the dwelling faces the same side of the street. b) In all other cases there is no maximum front yard." By-law 85-1 is hereby amended by adding Appendix "H" — Residential Intensification in Established Neighbourhoods Study (RIENS) Area after Appendix "G". go '--) PASSED at the Council Chambers in the City of Kitchener this day of August, 2018 App .,!2ndix H: Residential Intensification in Established NeLghbourhoods Stud V RENS Area NI- dy� 710'�" N� �vo I C5 SFtD 0 POP or Mf P5 RIENS Area Boundary Lands within the RENS Area are subject to specific regulations. These regulations are included in JhSection 5 and Sections 36 to 41. .. . . . . ........ . . . . . . . . . . . . . . . ............................................... M�TRIQ SCALE 1:80.000