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Home My WebLink AboutPSI Agenda - 2019-10-22Planning & Strategic Initiatives Committee Agenda Tuesday,October 22, 2019 7:00 p.m.–9:00 p.m. Office of the City Clerk Council Chamber Kitchener City Hall nd 200 King St.W. -2Floor Kitchener ON N2G 4G7 Page 1 Chair -Councillor S. Marsh Vice-Chair -Councillor D. Chapman Delegations Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum of 5 minutes. None at this time. Public Hearing Matters under the Planning Act(7:00 p.m.) This is a formal public meeting to consider applications under the Planning Act. If a person or public body that would otherwise have an ability to appeal a decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at the public meeting or make written submissions to the City of Kitchener before the by-law is passed, the person or public body is not entitled to appeal the decision. 1.DSD-19-233-New Zoning By-law (CRoZBy) -Stage 2 -Residential Zones(120 min) (Staff will provide a 5-minute presentation on this matter) Information Items Unfinished Business List Siobhan Delaney Committee Administrator ** Accessible formats and communication supports are available upon request. If yourequire assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 ** REPORT TO:Planning & Strategic Initiatives Committee DATE OF MEETING:October 22, 2019 SUBMITTED BY:Alain Pinard, Director of Planning PREPARED BY:Tim Donegani, Senior Planner 519-741-2200 ext. 7067 CraigDumart, Planner519-741-2200 x7072 Preet Kohli, Technical Assistant519-741-2200 x7041 WARD(S) INVOLVED:All DATE OF REPORT:September 27, 2019 REPORT NO.:DSD-19-233 SUBJECT:New Zoning By-law (Stage 2a) – Residential Base Zones Comprehensive Review of the Zoning By-law (CRoZBy) Project RECOMMENDATION: That the City-initiated Official Plan Amendmentregarding additional dwelling units, attached to Report DSD-19-233as Appendix D, be adopted and accordingly forwarded to the Region of Waterloo for approval; and That the City-initiatedZoning By-law Amendment to implement CRoZBy Stage 2a - Residential Base Zones, attached to report DSD-19-233as Appendix E be approved, and receive three readings once By-law 2019-51 (CRoZBy Stage 1) is deemed to be in effect, either in whole or in part; and further That the issue of regulation of lodging houses in the Official Plan and Zoning By-law be referred to the Affordable Housing Strategyfor further consideration. BACKGROUND: AZoning By-lawis a legal document and development must adhere to it. It controls the uses that are permitted on a property, the size and dimensions of a propertyandthe size ofbuildings and where they can be located on a lot.Typically there are a number of general and zone- specific regulations. For example, a multiple dwelling (e.g. apartment building) is permitted in the RES-6 zoneprovided that the building is set back from the front lot line by a minimum of 3.0 metres and is amaximum of 8 storeys tall.Since Zoning-By-laws apply to every property within the City and deal with all sorts of circumstances for existing and future landuses, they contain significant complexity and nuance. The work program for a new Zoning By-law toimplementthenewOfficialPlan(2014)was presented in 2014 which launched the Comprehensive Review of the Zoning By-law (CRoZBy) *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 project. Since then,the first drafts were released with each new zoning category (Commercial, Employment, Urban Growth Centre, etc.) as part of an extensive and formal engagement process. The first draftof the Residential zones was releasedfor public review inMay 2017 followed shortly by astatutory public open house and PSIC meetingfor initial feedback.Stage 1 of CRoZBy, which included all zones except for Residential and Urban Growth Centrezones was approved in April 2019. Stage 1 is currently under appeal. The newZoning by-law will eventually replace the current Zoning By-law, 85-1, in its entirety. The 2017 ResidentialIntensificationin EstablishedNeighborhoods Study (RIENS) addressed issues arising from infill and/or intensification within central neighbourhoodsand provided recommendationsto beaddressed through CRoZBy. Further, the City’s New Urban Design Manual(UDM2019) provides direction on the design of residential sites and buildings. The New Official Plan, UDM and RIENS are key drivers for the residential component of the Zoning By- law. REPORT: Project Approach The residential component of CRoZByis being conducted in two parts. CRoZBy Stage 2a is called the residential base zones, and is an amendment to the new ZoningBy-law (CRoZBy Stage 1) to incorporate the residential zones.It includes residential zone categories, permitted uses and regulations as well as generalregulations that pertain only to the residential zones. Stage 2a does not apply the zones to any properties. Instead the new RES zones will be applied through subsequent projectsdescribed in the Next Steps section of this report. Stage 2a can be thought of as blending the colours on a painter’s palette to be applied to the map at a later stage. Comparison to Existing Zoning By-law 85-1 The newResidential “RES” zones are very similar to the Residential “R” zones in By-law 85-1. The recommended By-law continues with Kitchener’s “ahead-of-its-time” approach of permitting a range of dwelling types within the same zone. A comparison of “R” and RES” zones is shown in Figure 2and in more detail is provided in Appendix G.Some examples of key changes are: R-1 and R-2 zones are consolidated into thenew RES-1.Regulations address estate residential areas with limited services that require larger lots Increase sideyard setbacksfor multiple dwellings to provide for landscaping and private patios R-7 and R-8 zones are consolidated into one RES-6 zone - the R-7 zone was previously used infrequently Removing the provision for 0 metre side yard setbacks for single detached dwellings from the base zone because these were impractical and led to logistical challenges expanding the range of compatiblenon-residential uses in medium and high-rise residential zones (e.g. community space in an apartment building) Highlights of New Residential Zones The recommended by-law includes sevenresidential zonesthatwill beapplied in accordance with the Official Plan’s Low Rise (RES-1 to RES-5), Medium Rise(RES-6) and High Rise (RES-7) Residential land use designations. In general terms, as you move up through the zone categories, development is permittedon smaller properties with a broader range of dwelling types (e.g. apartments). 2 1 - 2 Figure 1 - Official Plan Land use Designations are Relationship to Existing and Proposed Residential Zones Affordability and Additional Dwelling Units Housing affordability was the most prevalent theme raised by the community.Although zoning has limited influences on affordability,the recommended by-law addresses this issue as shown below. Figure 2 - Recommended zoning approaches that contribute to Housing Affordability •allow two additional units (e.g. basement apartments, granny flats and Additional backyard tiny houses) on most most residential lots •regulations and site plan control to ensure function and compatability dwelling units •Allow a range of housing types within most zones •Provide for a full range and mix of housing types, inclluding missing Range and mix middle (eg basement appartments, tiny houses, granny flats, townhouses and stacked townhouses) across the city of housing •plan for mid-rise and high-rise apartments near to transit •Allow lodging houses in RES-4 through RES-7 zones Lodging house •Refer minimum sepperation distance and use permissions in OP and zoning to the Affordable Housing Strategy permissions The Official Plan and Zoning By-law(85-1) currently allowsecond dwelling units(e.g. duplex or basement apartment)in association with single detached dwellings.Bill 108, the More Homes More Choices Act requiresmunicipalities to allow additional dwelling units, both attached (e.g. 3 1 - 3 basement apartment or duplex) and detached (coach housesor granny flats) in association with single detached, semi-detached and townhouse dwellings subject to reasonable regulations. While Kitchener has widely permitted duplexessince 1994, allowing additional dwelling units both attachedand detached, for a total of three unitson a lot asshown belowrepresent a significant change in zoning approach. Figure 3 - Two additional dwelling units on a lot – possible configurations A: AdditionalDwellingsUnits B: Additional Dwelling Units (one attached and one detached)(two attached) Both these configurations are subject to regulations for lot width, lot area, requirement for municipal services, parking and landscaped area. While allowing for configuration “A” is provincially mandated, configuration “B” is not. The impact of “B”, with three units in one building is similar to or less than in “A”.The recommended zoningand official plan amendment allows both scenarios to provide more, potentially affordable housing options across the City. To protect against potential neighbourhood impacts arising from demolition and replacement, staffrecommend limiting configuration “B” to existing buildings with small additions. Two additional dwelling units (attached) and additional dwelling units (detached) are proposed to be subject to siteplan approval to address mattersincluding parking, site grading, emergency access, building design, landscapingand tree management. The Official Plan (2014), provides the policy basis for additional dwelling units attached and detached. The recommended Official Plan Amendment updates terminology, removes the requirement for a Zoning By-law amendment to permit additionaldwelling units (detached) and provides criteria for the review of additional dwelling units. Driveway/Garage Regulations Driveways and garages in low-rise residential zones are a challenging topic. It is important that zoning regulations consider: the need to provide for parking vehicleson private property; accommodation of utilities and street trees; impacts on on-street parking; impacts on stormwater management; and impacts of a streetscape dominated by cars. The May 2017 draft of the residential zones only allowed single-car garages and drivewayson lots 12.1 metresin width or less. Staff received significant feedback that thisapproach was too restrictive.The recommended by-law addresses these issues as shown in Figure 4: 4 1 - 4 Figure 4 - Recommended Maximum Garage and Driveway Width 2.4moflandscapearearequriedbetweentwosingle detacheddriveways reductionsinthemaximumpercentageofadwelling’s widththatcanbegarage Residential Intensification in Established Neighbourhoods Study (RIENS) and Neighbourhood Strategy In March 2017 Council endorsed RIENS (CSD-17-009 and CSD-17-032) that addressed issues arising from infill and intensification within central neighbourhoods. Thefour zoning recommendations from RIENS are summarised and addressed as shown in the figure below: Figure 5 - Zoning response to RIENS recommendations - Building Building HeightGarageAppropriate setback from zoning of sites •Maximum Projection streetcurrently zoned building height •Garage cannot R-6 or R-7 •building must of 9.0m project beyond be setback in between two •A preliminary living space line with buildings that review and site •change to 2018 neighbours +/-are less than visits were amendment to 1m6.5m in height 85-1 to ensure conducted to all •carries forward living space such areas 2018 changes above garage is •Formal zoning to 85-1 with not counted minor to be updated •require garage adjustments through Stage to be setback based on staff 2b and 5.5m from front experience of house in Neighbourhood areas without Planning garage Reviews character 5 1 - 5 Although the neighbourhood strategy does not specifically directany zoning recommendations, the measure outlined in the figure below addressesthe importance of front porchesidentified in the strategy. Figure 6 - Zoning recommendations arising from the neighbourhood Strategy FrontPorches •Areaspecificprovisionrequiringporcheswherethisisthe predominantneighbourhoodcharecter •CRoZByStage1setaminimumusableporchsize Urban Design On April 29, 2019 Council resolved: “That to further address and ensure an appropriate transition of maximum building height between adjacent and proximate zones, Planning staff prepare site specific provisions or modifications to the Zoning By-law through a consultative process. This may occur through the review of specific neighbourhoods (i.e. current process of reviewing secondary plan areas) and/or future stages of the new Zoning By-law. “ In consideration of this resolution, the recommended by-law includes a new general provision that addresses transition of taller buildings to low rise residential zones. The new approach is a design driven solution applied to all zone categories whereby a building can be no more than 12 metres in height within 15 metres of a low rise residential property. It provides visual transitions, building articulation, adequate landscaping and reduces height with associated overlook and shadow concerns when compared to other transition approaches that were considered. The resolution will be further addressed through the site-specific zoning established in NPR and CRoZBy Stage 2b. Other key urban design considerations that have been incorporated into the by-law include: increasing minimum lot frontages for cluster townhouse and multiple dwellings to ensure these can be designed to address the street; ensuring lot width, driveway width and number of dwellings in a townhouse block regulations enable a streetscape that accommodates large street trees along with required infrastructure; and providingfor private patios and landscaping within setbacks to cluster townhouses and multiple dwellings. The recommended by-law complimentsthe City’s new Urban Design Manual without duplication. For example,the by-law requires 20%landscaped area for mid-riseand high-rise buildings, whereas the UDM states, “All sites are to be comprehensively landscaped including substantial tree planting, generous landscape buffers, and planting beds which provide screening between pedestrian pathways and drive aisles, parking areas and site function and servicing elements”. 6 1 - 6 Analysis The Recommended official plan amendment to provide for additional dwelling units (detached) and update terminology meets the requirements of the Planning Act as amended by Bill 108, and conforms and is consistent with the; the Provincial Policy Statement (2014); A Place to Grow (2019); and Region’s Official Plan (2009) while advancing Official Plan policies and objectives . The recommended Zoning By-law amendment for residential base zones (CRoZByStage 2a) implements, is consistent with and conforms to the City’s Official Plan (2014); the Region’s Official Plan (2009); the Provincial Policy Statement (2014); A Place to Grow (2019); and the Planning Act.Furthermore, it implements applicable recommendations from RIENS and aligns with key directions established in the Urban Design Manual. Key Official Plan considerations include: The seven Residential zones conform to the Low Rise, Medium Rise and High Rise Residential policies of section 15.D.3 including minimum and maximum height and Floor Space Ratio. The permitted uses and regulations in residential zones, the eventual application of these zones geographically, and the general approach to heighttransition to low rise residential zones provides for compatibility in height, massing and built form. Additional compatibility regulations are provided for the Central Neighbourhoods (sections 4.C.1.7, 15.D.3.3-4, and 11.C.1.26-28). The residential zones provide for the full range and mix of housing types, styles, lot sizes, densities and tenures and affordability to meet the various needs of Kitchener residents (section 4.1.1). Next Steps Because CRoZBy Stage 1, By-law 2019-51 is under appeal, council cannot formally pass a by- law to amend it in order to incorporate Stage 2a. Accordingly staff are recommending thatthis by-lawamendmentbe giventhird reading at such time as By-law 2019-51 is deemed to be in effect. There are approximately 50,000 properties within theCity that will be zoned residential. Residential zoning will be applied to these properties either through: Neighbourhood Planning Reviews(NPR) for landsincluded in secondary plans (scheduled for December 2019 and thereafter); and Through CRoZBy Stage 2b for lands not included in a NPR. In order to review existing zoning permissions and provide updated zoning on these properties, and to consult with property owners, staff will be applying residential zoning on a Ward-by-Ward basis (scheduled for 2020). In addition to the above, staff will also be preparing implementation tools including updates to site plan approval processand documents to assist property owners interested in developing additional dwelling units. 7 1 - 7 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: People-friendly transportation Vibrant economy Caring community Great customer service 2019 Business Plan – NB11 Comprehensive Zoning By-law Review FINANCIAL IMPLICATIONS: The CRoZBy project is currently within its allocated budget. COMMUNITY ENGAGEMENT: The CRoZBy project primarily utilized the themes of “INFORM’ and “CONSULT” from the City’s Community Engagement Policy and is going significantly above and beyond the typical requirements of the Planning Act. Descriptions of engagement method and results are documented in the previous CRoZBy reports, highlighted below, and described more fully in Appendix B. The primary consultation activities pertaining to CRoZBy stage 2a – Residential base included: a meeting of PSIC committee to table the first draft residential zones on May 29, 2017 a statutory open house held on June 21, 2017 an online survey July-August2019 that received 342 response (detailed in Appendix B) in-person engagement with the development community represented by the Waterloo Region Home Builders Association(WRHBA) Kitchener Liaison Committee and CRoZBy subcommittee(three meetings in spring/summer 2019). WRHBA comments focus primarily on low-rise residential zones, particularly requests for consideration of smallerlot dimension and larger building envelopes, and on the recommended approach to maximum garage and driveway widthand suggestion's for improved wording. They also had questions of clarity, geographic application of new zones and transition from the existing by-law. The recommended by-law addresses all of these comments Written comments received since May 2017 and detailed staff response to these are included in Appendix C. Some key themes and responses are included in the following table. 8 1 - 8 Key ThemeResponse May 2017 draft garage and Revised approach to drivewaysandgarages to be less Driveways width regulation are restrictive. too restrictive Requests to allow6m wide double garages on lots as small at 11m (36’) is not supported by staff. Housing Affordability Broader permission for Additional dwelling units Full range and mix of housing and variety of permitted dwelling types within many zones. Permissions for lodging houses are expanded with further study recommended. Consider smaller lot widths and Some reductionsin corner lot widthsand lot areas for semi- areas in in several low rise detached dwellings residential zones Increase building envelope in low Increased allowable lot coverage for principal building to55% rise residential zones Allow covered decks to project into the required rear yard Allow lodging houses in all RES Permit lodging houses in RES-4 through RES-7 zones. zones and remove minimum Consideration of OP and zoning treatment of lodging houses separation distance requirement referred to affordable housing strategy Support tiny houses Tiny houses are permitted as a standalone dwelling and in addition to single detached, semi-detached and townhouse dwellings Nozoning regulation of unit size Ensure that residential RIENS recommendations implemented and regulations intensification maintains central established for additional dwelling units neighbourhood character This report will be posted on the City’s CRoZBy project webpage, digitally sent to the project contact list (over 1000 individuals), sent to prescribed agencies, and advertised in The Record th in accordance with the requirements of the Planning Acton September 27, 2019. Also, the report is available on the City’s website with the agenda in advance of the council / committee meeting. PREVIOUS CONSIDERATION OF THIS MATTER: Report CSD-13-067 – City of Kitchener Zoning By-law 85-1 Update & Work Program Report CSD-14-027 – Comprehensive Review of the Zoning By-law (CRoZBy) – Work Program Report CSD-15-012 – CRoZBy Component A – First Draft (Framework, Mixed Use, Employment, Natural Heritage, Floodplain, Recreation, Stormwater Management Zones) Report CSD-15-013 – CRoZBy Comprehensive Review of Off-Street Parking and Loading Regulations Background Study Report CSD-16-022 – CRoZBy Component B – First Draft (Urban Growth Centre Zones, other) Report CSD-16-070 – CRoZBy Component C – First Draft (Institutional Zones) Report CSD-17-024 - CRoZBy Component D – First Draft (Commercial and Agriculture Zones) Report CSD-17-045 - CRoZBy Component E – First Draft (Residential Zones) Report CSD-17-051 - CRoZBy Next Steps - Council Strategy Session 9 1 - 9 Report DSD 19-049 – New Zoning By-law (CRoZBy) – Stage 1 – Non-Residential Zones Report DSD 19-106– New Zoning By-law (CRoZBy) – Stage 1 – Deferred Items: Urban Growth Centre Bonusing/Zoning Report DSD-19-130 - New Zoning By-law (Stage 1) - Deferred Items The majority of these reports relate to consideration of CRoZBy as a whole or to Stage 1. Only Report CSD-17-045 - CRoZBy Component E – First Draft (Residential Zones) relates exclusively to CRoZBy Stage 2b. CONCLUSION: The recommended by-law for CRoZBy Stage 2a includes residential zone categories, permitted uses and regulationsas well as general regulations that pertain only to the residential zones. Stage 2a does notapply the zones to any properties. The recommended by-lawaligns with provincialdirections regarding housing supply and affordability by continuing with Kitchener’s leadership in supporting a mix of housing types in various zones while further supporting the establishment of missing middle and affordable housing forms. The recommendations enable the residential urban designexcellence that is a critical component of building an innovative, vibrant, attractive, safe, complete and healthy community contributing to an exceptional quality of life. This residential component of the comprehensive Zoning By-law update is an important part of completing the alignment of three of the main planning documents (new Official Plan, new Zoning By-lawandnew Urban Design Manual). The recommended by-law includes a palate of zones tobe appliedin central neighbourhoods and throughout the City.This work has adapted to recent provincialandmunicipal changes.Kitchener continues to experience significant development, including intensification in central neighbourhoods so it is important to have modernized zoning in place. REVIEWED BY:Brandon Sloan, Manager, Long Range and Policy Planning Della Ross, Manager, Development Review Janine Oosterveld, Manager, Site Development & Customer Service Tina Malone-Wright, Senior Planner ACKNOWLEDGED BY: Justin Readman - General Manager, Development Services APPENDICES: Appendix A – Statutory Public Meeting Notice Appendix B – What We Heard(online only) Appendix C - Comment Response Table Appendix D – Official Plan Amendment Appendix E - Zoning By-law Amendment Appendix F – Working Consolidation of By-law 2019-51 Appendix G - Comparison of Zoning By-law 85-1 “R” zones to recommended “RES” zones 10 1 - 10 1 - 11 1 - 12 21 of 1 Page ) in all ) in all programing detacheddetached the including are, al Dwelling Unit ( detached and townhouses, subject to - ched semi addressed in the Urban Design Manual. 017 draft allows for driveways up to 50% of the lot width in most etached semi detached and townhouses, subject to regulations. since the 2 s law allows "Granny Flats" as a form of "Additional Dwelling Unit (law allows "Granny Flats" as a form of "Additionlaw would allow "Granny Flats" as a form of "Additional Dwelling Unit (detached) law does not require common amenity space in RES zones. Recommendations --- - and UGC zones are outside the scope of this stage of CRoZBy. Therefore, the association with single dassociation with single detached semi detached and townhouses, subject to regulations. ss Added to project mailing list Staff ResponseThe recommended ByRES zoneThe recommended ByRES zoneThe recommended Byin all RES zones in association with single detaregulations. The recommended revisioncases. The recommended byregarding the MIX recommendations in this letter are not applicable. The issue of amenity law her - At that is ast, I have I am seeing rce, please put 1). I think this - so members. I presume that the - 2019 - We have a small house and would like to have the direction of the policy and its implications for vity on the street level for both condo residents and the and vibrant city, as well as proposed zoning regulations for residential buildings. Free Space will shift the concept of rise - Street Responses --- - And - Development in the Eastwood Neighbourhood of Kitchener: I would like to be - CommentsLast October I inquired about whether or not granny flats were still permitted.time (see below) I was told that there was going to be a review of the zoning byallowing the possibility for a granny flat on homeowner's properties.nothing on the City of Kitchener link that was provided and I am wondering whetor not this issue has come up yet?our mother come and live with us.Are granny flats allowed in Kitchener? Where can I found out more info? My residence is Regarding Granny Flats / Secondary Dwelling Units: I was hoping we could chat about creating sustainable, affordable housing in Kitchener.I noticed that in the new zoning bylaw there is a significant reduction in the allowed driveway width for residential lots under 12.1m wide (Table 5unreasonable and will have a negative impact on many people in the city. The old driveway ratios (such as permitting a driveway up to 50% of lot width) are much more appropriate and help to get cars off the street.REmore involved in the further development of our community. At the very lea venue for disseminating information for the fifty orplanning of an entire city is a complicated affair that takes many heads, and requires plenty of resources. If by chance you think I might be a useful resoume to use. I'll be happy to take part.RE: Alternative Use of Amenity Space for KitchenerProposing an innovative approach to how we plan, design and create activity at the street level in our core areas and intensification corridors. within mid and highamenity space within residential condominiums to alter the zoning regulations to allow developers to use the money they are already required to invest in projects, to create more experiential acticommunity at large.neighbourhoods and furthering the growth trajectory of our shared community and its importance in a growingthe City to consider as it moves forward with its current and future zoning reviews. Comments - C Comments and responses - - Appendix - 233 - 19 - NameJulieann MillerApril 20, 2018Linda NortonMarch 4, 2019Tony D'amato Stortz March 6, 2019Jeremy KrygsmanMarch 7, 2019Cliff MarshallMay 2, 2019Dave AstonMay 16, 2019 Appendix C DSD 1 - 13 21 of 2 these Page . Staff have site specific a clear distinction between a Staff will consider adding a diagram as provide not subject to those provisions ne frontage to have more than one and treat the corner as the intersection of the to the lot, not the units on the lot apply but found these unworkable. No change recommended. , staff anticipate carrying forward many of the clarified to no longer usedno longer used ibing material garage and revised method for calculating driveway width enables Wallaceton law to permit lots with more than o ved subdivisions. - and terminology and terminology dd e housekeeping amendment. alternatives to descr It is the intent of the bydrivewayRevised driveway regulations are Term italicizedTable replaceTable replaceRecommended approach is based on a percentage of lot width Side entrance garage typically require wide side yards to accommodate turning circles. The revised approach to driveway and contemporary designs. The definition of corner lot speaks to this circumstancetangents of lot lines forming an angle of 135 degrees or less. part of a futurThis regulation does not regulate driveway materials, but to driveway (with maximum width provisions) and a walkwayexplored 1.2.3.4.5.6.7.8.9.Understanding is generally correct. Although we cannot predetermine the outcome of our work to apply Staff Responsethe zones geographically in provisions in recently appro - car garage. Does the - ulated in these instances. Hallman and Huron) will be law or through Urban Design - - the next several years. ge of the lot width up to a maximum? is to establish base residential zones to does not permit driveways for secondary units 1 zoning for - designs are advantageous as they take garages out of the multiple driveways may be permitted. I do not believe this is the Responses - - , garage door widths, exterior and interior setbacks etc.)And - law contemplate such designs? Has consideration been given to restricting - a through lot, 5.3.b)ii) May want to clarify that this(i.e., basement apartments)Table 5Has consideration been given to limiting the width of the garage/driveway to a percentage of lot width or frontage?The proposed provisions limit the width of garages to 3.6 m for smaller residential lots (12.1 m). There are contemporary house designs, which see the garage built into the side of a dwelling and accessed by a drive aisle. From a design perspective, thesepublic realm while also providing an opportunity for a twobydriveways and garage widths by a percenta5.3.g) Many lot lines are curved at intersections making the determination of this intersection difficult (as there is no true intersection). I would recommend a diagram illustrating how the 9 m setback should be calc5.3.i) Is Zoning the appropriate mechanism to regulate driveway materials? Perhaps better suited for a property standards byGuidelines. CommentsComments on the May 2017 Draft Asked for clarity regarding on the subsequent stages of CRoZBy.The zoning being brought forward in the Fall allow for implementation within secondary plans.The recently approved zoning in Wallaceton (Fischerreflected in the form of site specific zoning within CROZBY (reduced driveway setbacksNew CROZBY base zones + approved site specific regs will be applied in nonsecondary plan areas once the secondary plan processes are complete i.e. Wallaceton will maintain existing 85 1.2.3.4.5.6.7.8.9. Comments - C - Appendix - 233 - 19 - NameDave Galbraith, IBI GroupMay 27, 2019Alex VandersluisJune 3, 2019 DSD 1 - 14 21 of 3 - The Page reduce the The By 4) and 11.5m - the proposed zoning 4 zones to areas where the - 7. This zone will generally be used - a larger exterior end unit or a covered Considering the need for amenity area . The recommended bylaw dose not law - 4 zone.nd regional roads, - ncreased height and massing along arterial and 51. I - . 4 zone) did not allow street townhouses. These have been law 2019 - - 4. We expect to apply the RES - the Recommended By specific increases to allow a maximum Floor Space Ratio of 0.75 he RES 55% in total. This would allow residents to add a small accessory that have 2 or more frontages on the same street. includes a revised definition of lot width to provide for cluster townhouse ed they are not closer than 4 metres. /area olicies in the Official Plan 1 to 11.0m - that the minimum corner lot width for street townhouse units can be reduced. law - add site law 85 - ting these minimum widths provided a variety of tools help meet character and other 6 front yard of 3.0 m is less than the 4.5 required for R - However, staff have amended to bylaw to allow attached covered porches to project into the 5 zone (comparable to t Staff agree -5). The intent of the minimum lot widths is to encourage - egional roads, in accordance with Official Plan policies when the zones are applied geographically. The Rincluded as a permitted use in RESexisting or planned street character could be complimented with larger width townhouses. Differentiaobjectives when the zones are applied geographically. minimum lot width for street townhouses in the RESAnd 3 recommended byreduces the minimum corner lot widths for street townhouse units to 12.0m (RES(RESporch and accommodate the 4.5m exterior side yard setback. Single detached, semi detached and street townhouse building heights have been increase from 10.5m in byand privacy, and shadow impacts staff do not support decreases rear yard setbacks in the base zones.required rear yard, providStaff have reviewed this regulation and agree it would be appropriate to increase the habitable portion of coverage to 50% and maximum inhabitable coverage to 15%. The total maximum would be 55%. These never to exceed structure without exceed the 55% maximum.This is the intent of section 4.4.1 of ByThe RESin medium rise areas where the character is more urban than in the low rise designations. law does not propose to reduce this required from yard. The Low Rise Residential section of the Official Plan contains policies and provides direction as to when it is appropriate to permit an increase in FSR from 0.6 to 0.75. Rather than permitting a 0.75 FSR as of right for properties located along arterial aapproach would where it can be demonstrated that the increase in the Floor Space Ratio is compatible and meets the general intent of the pRThe recommended bylaw does not regulate amenity area. The recommended bylaw and multiple dwellings that Staff ResponseRegulations for Street Townhouse Dwelling Units1.2.3.4.5.Cluster Townhouse Dwelling Units1.2.3.4.5. - 5 - 4 - principle the RES (5.5 metres) for both the RES n is based upon a minimum lot width en the potential blocks could be further subdivided or amenity area requirement of 40m2 is not required for 5 zones. - 6 zones (3.0 and 4.5 metres respectively). Responses - - And - Consider the same minimum lot width requirement 4 and RESConsider the same minimum lot width requirement (6.7 metres) for the RESand RES 5 zones.Consider reducing the minimum corner lot width requirement from 12.8 metres to 10.5 metres. This proposed regulatiorequirement of 5.5 metres plus an exterior yard setback of 4.5 metres.Consider reducing the minimum rear yard setback from 7.5 metres to 6.0 metres.Consider specifying a maximum coverage of 55% which is to include the dwelling as well as accessory buildings or structures. This approach provides for design flexibility.Consider clarifying the minimum lot area and minimum lot width requirements relate to the original block givthrough the condominium process. Alternatively, kindly confirm the general regulations relating to condominiums to address this matter. consider the same minimum front yard and rear yard requirements forand RESConsider adding notes to Tables 7.5 and 7.6 to increase the floor space ratio to 0.75 for those lots having primary frontage on a Regional Road or City Arterial Road (Policy 15.(d).3.11 of the C"Consider clarifying Note (5) such that the exclusive use patio can be included as part of the outdoor amenity area requirement.Some clarification is required with respect to Note (4). We assume the intent is that a minimum outdoeach dwelling unit. If this is the case, the 40m2 requirement should reference the entire development which can include a minimum outdoor amenity area of 2.0m2 per dwelling unit." CommentsComments on May 2017 Draft Residential ZonesRegulations for Street Townhouse Dwelling Units1.2.3.4.5. Cluster Townhouse Dwelling Units1.2.3.4.5. Comments - C - Appendix - 233 - 19 - NamePaul Brittonon behalf of the Waterloo Region Homebuilders CRoZby subcommittee June 26, 2019 DSD 1 - 15 21 of 4 Page percentage the to that we presented pear to be working These provision are es this approach. detached dwellings with - within a street townhouse dwelling Staff understand that this comment arage width that relat provides additional clarity e is carried forward from the minimum lot - of four units 2 zon residential uses are permitted only in mixed use - - ck. achieve a desirable streetscape. Our analysis has Staff are proposing to move forward with 1) - law. The maximum - by 3 zone. The purpose of the RES - law includes a revised approach to g - 1 in 2018. While they are relatively new, these provisions ap - lso ensure the creation of new lots reflect the general scale and character of the Uses (Table 7 recommended law 85 - the 4 zone is common to multiples, street townhouse and semi - ropose to clarify this wording to ensure non comprehensive update to the additional unit policies The Minimum lot width of 13.7 metres for the RESwidth for the existing Raccommodate and provide for larger single detached housing options. Carrying forward the minimum 13.7m lot width will aestablished development pattern of surrounding lands.See earlier responseSee earlier responseThe recommended byof width of the building as described in the staff report. These provisions apply within the Central Neighbourhoods (RIENS area). These changes were added into Bywell. Staff are not contemplating revisions at this time but will continue to monitor their effectiveness.The parking area has been amendment to permit parking spaces within the 7 metres triangle in all cases.Minimum lot width, side yard setbacks for exterior units, maximum number of units in a block, driveway width, utilities, emergency services requirements, on street parking and space for utilities and street trees must all work together to demonstrated that 8 townhouse units within a building can meet these objectives, when they are coupled reduction in the maximum driveway to from 65% to 60% of the lot width.reflected inin a RESadditional dwelling units (attached).These have been considered and implemented where possible.applies particularly to parking requirements. Parking rates were considered as part of CRoZBy Stage 1 and are not in scope for review now. Staff pbuildings.The at our meeting and are open to additional feedbaStaff are amenable to this change. Staff ResponseRegulations for Single Detached Dwellings1.2.3.4.5.6.Section 7.2 Permitted 1.2.3.4.5. 3, - 2, RES - - 2 zone from 13.7 metres to - ructures. This provides for for minor projections of in Table 7 y width requirement be the maximum number of dwelling units in residential uses are not permitted and are 1) - - 5 zone. - e minimum lot width requirement and making provision for hin a cluster block are regulated in a similar way as other street 5 zones from 7.5 metres to 6.0 metres.7 zones. -- Responses 5 zone to eight. A similar requirement for cluster townhouse dwellings - are located at the intersection of local streets as well as for lots that are - 4 and RES4 zone to six as well as increasing6 and RES And --- - onsider reducing the minimum rear yard requirement for the RES Consider reducing thConsider reducing the minimum lot width for the RES12.0 metresCRESConsider clarifying the maximum lot coverage such that the maximum includes the dwelling unit as well as accessory buildings or stdesign flexibility.The maximum private garage width of 3.6 metres for interior lots less than 12.1 metres and corner lots less than 15.5 metres is problematic. In the alternative, we suggest the maximum garage width and drivewaexpressed as a percentage of the unit width. Similar comments are made with respect to corner lots that are wider than 15.4 metres and interior lots that are wider than 12.1 metres.Consider revising Section 5.3(e) to make provision garages provided the garages do not project beyond porches.Consider revising Section 5.3(g) to make provision for garages to be located within the front yard at a distance of 7 metres from the exterior lot line for those lots thatConsider increasing the maximum number of townhouse dwelling units in the RESthe RESshould be considered in the RESAs a general comment, consider rationalizing the regulations such that street fronting towns wittownhouse dwellings.Consider clarifying Note (4) as follows:limited in size in accordance with the regulations Some clarification is required with respect to secondary dwellings (note the Consider clarifying that small residential care facilities are also permitted in the RES Comments6.Regulations for Single Detached Dwellings1.2.3.4.5.6.Section 7.2 Permitted Uses (Table 71.2.3.4.5. Comments - C - Appendix - 233 - 19 - Name DSD 1 - 16 21 of 5 m² 2: - Page law - oriented - 12m within 15 1: 38.7m; RES - back townhouse in by - to - site specific basis. to other projects. 3) shallow lots would be broadly - oZBy stage 2a alent to RES It set a maximum building height of 5: 26.1m. Given recent trends for subdivisions being - of CR a reduction in 7m and the lot with can been reduce to 12.0 Residential Uses - the 3 metres step back requirements with a general approach to . s tablished based on the minimum required to achieve side 4 or higher (equiv - 4: 26.1m; RES 3 zone.- - replace law - Detached Dwelling Units - No reductions proposed 3: 27.4m; RES - back townhouses in a condominium would not be hindered by the minimum rear yard - 51.to -- 3: For Semi6: For Multiple Dwellings and Non -- his is not possible given interconnections Lot area amended for RESTransportation staff have since supportedmetres accordingly.See earlier responseSee earlier responseThe recommended bytransition adjacent to low rise residential zones. metres of a low rise residential zone.See earlier responseThese minimum lot widths are escluster townhouse development with a driveway, landscaping, private amenity are and practical building depth. TThe zones will not be applied geographically anywhere (including Rosenberg) at this time.This was discussed at our meetingSite specific provisions will be addressed in subsequent stages of the residential zoning project.Confirmed. Please see the definition of Multiple Dwelling and Back2019Backrequirement. A freehold tenure would be better considered on a The implied minimum lot depth for single detached dwellings are as follows: RES30.0m; RESzoned predominantly zoned Renabled by the proposed zones. Also see the previous response regarding 6.0 m rear yards. Table 71.2.3. Table 71.2.3.4.General1.2.3.4.5.6.7.Other considerationsMinimum lot area should be increased and have concluded increasing the lot area from 355m² to 395is appropriate and will provide for additional landscape area and amenity space. The minimum lot dimensions to achieve the minimum 395m² lot area would require a lot width of 13.1m and a lot depth of 30.15m. - and 28 metres) and minor variances, special use d lot depths (26 Residential Uses - back towns should be considered. This form of - to - back dwelling unit. Detached Dwelling Units - 5. This would be consistent with the approved Official Plan. - Responses - posal is based on a minimum lot width of 7.5 metres plus an exterior yard confirm the residential zones do not apply to the Rosenberg Secondary And 3: For Semi6: For Multiple Dwellings and Non - -- nsider deleting Note (2). The appropriateness of a podium can be considered Consider reducing the minimum lot area requirement to 210m2. This provides for a lot depth of 28 metres.Consider reducing the minimum corner lot width from 12.8 metres to 12.0 metres. This prosetback of 4.5 metres.Consider clarifying the maximum lot coverage is related to the total of all buildings and structures without distinguishing between the principle dwelling unitaccessory buildings or structures.Consider clarifying the notes to provide for a floor space ratio of 0.75 in the RES4 and RESCoConsider clarifying Note (6) to ensure that the 40m2 minimum outdoor amenity is not required for eachConsider reducing the minimum lot width requirement given design issues will be dealt with through the site plan approval process.Zoning schedules should be prepared and circulated together with the residential zones.Please Planning area at this time.Further discussion is required regarding transition provisions relative to applications that are in process.Discussion is required regarding carrying forwardand regulation provisions that have been approved.related regulations for multiple dwelling apply to this form of housing.Regulations specific to housing has a 0 metre rear yard, reduced lot area and increased lot coverage.given to regulations which provide for reduceincreased lot coverage Table 71.2.3.Table 71.2.3.4.General1.2.3.4.5.6.7.Other considerationsAt our meeting On July 18 we discussed the minimum lot area for Additional Dwelling Units (detached) Comments - C - Appendix - 233 - 19 - DSD 1 - 17 21 of 6 Page terrain vehicles or other - by a 1.8 metre high visual barrier. Major icles to be parked Within a front yard, interior side yard, exterior veh motor major recreational equipment on lots within a RES zone shall be located fully within Staff ResponseThe definition of major recreational equipment has been updated to include allsimilar equipment.Parking or storage of an enclosed building or structure. Major recreational equipment may be parked or stored in a rear yard, an interior side yard, or in a carport provided that it is screenedrecreational 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.Staff are proposing to require side yard or rear yard within a private garage or on a driveway. You will no longer be able to park motor vehicles on landscaping in the rear yard. k when parked him on more about visibility while there all the time. Other items that t). I have tried to arrange the photos street constantly. The 3 car driveway well because possibly the allowance of l resolve. These are not suitable properties for a driveway down the side yard between the houses. hbourhood of lawns, flower beds and garden sheds when oved around as needed (weekly or more) which involves needing he got a ticket. Another neighbour left a "less than kind" note on a - Responses - in our driveway and we appreciate being able to do that. Our utility trailer And - n. CommentsFurther to our phone conversation this morning here is the email and photos to follow as mentioned. This property is 2 doors down from my property. A bylaw officer has visited and said all is within regulations.I have included photos of street parking as storing vehicles on the property leads to the toy hauler , RV and long flatbed being brought to the property as well (I think the current street parking bylaws are adequate though I hesitate to initiate action on iin chronological order starting in April to this week.The home was purchased last November with constant renovations going on until the owner moved in this past April.I started with 2 renters' vehicles parked in thehas generally been full of the owner's vehicles. The oversized (extra deep) double garage is NOT used to park vehicles. 4 ATVs and a golf cart type of vehicle moved into the back yard from the start and are parked come and go are a couple of utility trailers, a flatbed trailer and 1 or 2 boat trailers, one of his pick up trucks, someone else's Hummer (he was selling it for him) and 2 large liquid storage tanks.These items are mto drive over the sidewalk, front yard, side yard (RIGHT PAST NEIGHBOUR'S DINING ROOM WINDOW) and into the back.As can be expected the backyard is not being maintained.He has moved into a neigwhat would suit him better would be pavement, parking and a garage and that is what he is currently trying to do. He says he has applied for a permit for a garage in the backyard and would like to put He enjoys his ATVs, RV on the weekends and buying old vehicles and fixing them up etc....I don't begrudge anyone their hobbies but I think this is going WAY too far and not something putting up a fence wilmultiple vehicle storage/usage. If I were buying the home I'm in now and saw that backyard it would be a significant reason for me to walk away.I spoke to him yesterday about street parking and my concernbacking out of my driveway onto our busy street (had left him a note on the topic about a month and a half ago). He feels picked on and I can understand why. One neighbour had called about the RV (26 feet?) overhanging the sidewalin the driveway broken down golf cart left on the front lawn for 2 weeks (I ended up contacting bylaw about that) and the neighbours right next to him have complained to than one occasion of the vehicles in the back yard and that the back yard is becoming decrepit (mice, skunks and unsightliness of vehicles). You may hear from them as well.This seems like a case of given an inch and taking a mile.Our RV fitsfits in the garage. We store the RV off site during the winter. I have seen small pull behinds in back yards over the winter and that seems within reason. We all need to have fu Comments - C - Appendix - 233 - 19 - NameHeather Reece and Dave KrallJuly 11, 2019 DSD 1 - 18 21 of 7 or Page cated fully within terrain vehicles or other - vehicles to be parked Within a front yard, interior side yard, exteri motor may be parked or stored on a driveway between May 1 and October 31 provided Staff ResponseThe definition of major recreational equipment has been updated to include allsimilar equipment.Parking or storage of major recreational equipment on lots within a RES zone shall be loan enclosed building or structure. 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 1.8 metre high visual barrier. Major recreational equipment that such equipment is located outside of a driveway visibility triangle.Staff are proposing to require side yard or rear yard within a private garage or on a driveway. You will no longer be able to park motor vehicles on landscaping in the rear yard. f ing) with all lows the amenities for worry about the value of our property "high density" living as my neighbour put it. There - ERTY LINE This building looms large over my backyard 25 feet from the property line therefore the window in the oximately 600 sq.ft. in area and about 18 feet tall at the peak. It solid wall and roof and now an air conditioner. I see the "peaked" ck off of that patio door to accommodate a BBQ and entertaining. I Responses to the description. It is still listed as a "shed. "Shed" is a very misleading - ess property is much more appropriate. As for the area taken up by square And - like to express my concerns about the building still under construction in the tial neighbourhoods to remain lawns, flowerbeds and simple garden sheds ite upset as well) but going forward consideration needs to be given to the CommentsMy request to you is to think about heavier regulation of parking ANY kind of motorized vehicle on a residential property in terms of number and size of vehicles and accessories like trailers to avoid this type of situation. I would really like residenand not turned into parking lots.I wouldrear yard of 115 Gay Cres. in Kitchener. I am at 113 Old Chicopee Dr. and approximately half of my property backs onto approximately half of 115 Gay Cres.The building is appris situated within about 3 feet of the property line with the entire foot print backing onto my neighbour's property. It is about 8 feet from backing onto my property. My neighbour seesside of the building with a large window in the peak and sliding patio doors installed on the corner of the building closest to my yard/home. The owner tells me he will be installing a deassume the deck will back onto my property quite closely. It looks like a porch light is also going to be installed. Looking at his permit online I see that "bathroom" has now been added description. I have confidence that the owner/builder is knowledgeable of and is adhering to the rights granted to him by the City of Kitchener. CONCERNS PROXIMITY TO THE PROPcreating a claustrophobic feeling is a loss of skyline. Our backyard is not deep due to the foot print of our bungalow. I estimate our bedroom is peak, the patio door and soon to be deck for entertaining are UNCOMFORTABLY close. This building is CLOSER TO OUR HOME THAN IT IS TO HIS HOME. Our sense of privacy has been greatly diminished. Ias well. INTENDED USE OF THE BUILDINGAs mentioned above, "shed" is an inappropriate name. This is being built as an additional living space/apartment (WHICH WE ARE FIRMLY AGAINST and aware that the City is considerthe amenities: deck with porch light, patio doors, air conditioning, window at peak, bathroom, electricity, front door, 18 feet tall (two story), 600 sq. ft. large. We have been told to call the City if anyone is sleeping in it. The City alhabitation but puts responsibility on neighbours to monitor. What an awful predicament to put us in.RAIN WATER RUN OFF. The building has taken away approximately 600 sq.ft. of rain absorbing lawn and replaced it with 800 sq.ft.(?) ohard surface creating run off in the rear of their yard. I have seen nothing added yet to direct the water responsibly. In closing I want to recommend that these permissions be reviewed and amended. It seems it is too late for us (our neighbours are quhomeowners who's properties are adjacent to such a building. I think allowing such a building (regarding height and proximity to property line) to back onto a roadway or city/businfootage I still think run off is an issue wherever it is built. Consider lowering the percentage of total property taken for backyard structures. I feel that in this situation Comments - C - Appendix - 233 - 19 - NameHeather ReeceJuly 11, 2019 DSD 1 - 19 21 of d 8 Page terrain vehicles or other - ll no longer be able to park motor quipment may be parked or stored in a rear yard, vehicles to be parked Within a front yard, interior side yard, exterior ional equipment has been updated to include all motor Staff ResponseThe definition of major recreatsimilar equipment.Parking or storage of major recreational equipment on lots within a RES zone shall be located fully within an enclosed building or structure. Major recreational ean interior side yard, or in a carport provided that it is screened by a 1.8 metre high visual barrier. Major recreational equipment may be parked or stored on a driveway between May 1 and October 31 providethat such equipment is located outside of a driveway visibility triangle.Staff are proposing to require side yard or rear yard within a private garage or on a driveway. You wivehicles on landscaping in the rear yard. y and ded 2 more r the enclosed e sidewalk and Bylaw would declare or a third party. e car carrier is parked on road between our drive way and nly avoid utilizing the main level of our home due to the I hope someone is interested and willing. yard, stop the use of grassy area between houses as a driveway, and Responses - now has a double car garage and a three car drive way in front. He has And - ity has generously accommodated one homeowner and utterly neglected at ther and have fun and is not a commercial area for the storage and sale of me would be decreased due to allowing the backyard parking lot by our neighbor. Commentsthe Cleast 2 others. That is not a positive ratio. Once again, please consider ALL property owners in these matters. I welcome a visit to my home so that the impact can be seen first hand. My neighbor stores a number of vehicles in his backyard, which is an eyesore for us. Vehicles include 5 ATVs, 2 Flatbeds, 2 large (275 gal) water containers. Containers are moved only when going camping. At any given time, he will also vehicles to sell fNote: Unsure if all vehicles are register to the homeowner or the others that reside in the home. My neighbour refers to the others as contributors towards his home expenses. At this time he has 3 other males living in the home and has adbedrooms to the home totally 5 bedrooms. (Renters, Borders we do not know)When moving the vehicles to and from his backyard, he will use the grass area between the 2 houses. Though this area is his property it is not a driveway. (grass area) heinformed us that his plans are to add a driveway between the houses and add a garage in the back. If this were to occur I would be displeased at the city allowing this. We would certaimovement of vehicles, noise and fumes under our windows. This is a potential health hazard. An enclosed car carrier is also used to load up ATVs, motorcycles and recreation equipment. Problem is thhis. He will drive motor vehicles onto our driveway ramp and blvd. to gain access to place equipment into the carrier.An application has been forwarded to City Hall for a permit to put in a drivewaadd a garage in back yard. Please note He has stated he already has 3 storage areas in Ontario.Legally how far from our property line can he add a driveway and is this realistic???He will also park his RV parallel at end of his driveway ramp, beforextends over boulevard This blocks my view for a safe exit from my driveway. I am the required to move my vehicle inch by inch until I am able to see a clear, safe path. Difficult to see the oncoming traffic as my view is blocked by the RV ocar carrier. The RV can be left up to a period of 2 days in his driveway.We have purchased this home in 1978, and called it our dream home and planned to be here until the day we could not. Now we feel if we have to sell the value of our hoWhat can be done to correct and change the zoning bylaws to discontinue the parking of a vehicle or numerous vehicles, storage of 275 gal water containers and flatbeds in backprevent the storage and selling of other vehicles as well. (allowed friends to store boat and trailer)A back yard is a backyard for recreational area for families and children to get togevehicles. We too pay our taxes and vote.If he were to park all his vehicles in/on the front yard the City Comments - C - Appendix - 233 - 19 - NameSteve and Anne RemiasAugust 2, 2019 DSD 1 - 20 21 of 9 Page law - are a will s law. - he by of the DHR s hile many cannot would result in a Importantly, t . Tenant protection of housing affordability and hem. For example, a permitted Џƒ ķƚǒĬƌĻ ŭğƩğŭĻƭ ƚƓ ƌƚƷƭ ğƭ ƭƒğƌƌ ğƭ law cannot control the tenure of a - these comments. W ЊΜ 5ƚĻƭ ƓƚƷ ƩĻƦƩĻƭĻƓƷ ğƓ ğƦƦƩƚƦƩźğƷĻ ĬğƌğƓĭĻ ƚŅ Ώ ng addition units in all residential zones t into providing ermitti P nit policies will influence the secondary rental market, the , staff agree with the importance law - e are key issues identified in the Official Plan. The Affordable Housing Strategy t collect demographic information (including disability status), our engagement s law does not discriminate on any of the noted grounds. - . way will consider opportunities improve housing affordability across the housing continuum. the zoning byHousing affordability is a pressing issue. While the zoning byAlthough changes to the additional uFunding of supports is a critical issue, but cannot be addressed through a zoning by etscape that is dominated by cars. Staff do not recommend allowing for the requested maximum (1)concentrates on permitted uses of land, and not the people that use t(2)unit (rental or ownership) or whether or not it is subsidized, the proposed zones have made efforts to enable the construction of affordable housing. provide for opportunities higher density housing forms that can be affordable (3)medium and high rise zones provide for apartments that are more typical of the primary rental marketwill be applied in accordance with the Official Plan Land Use designationsprovincial responsibility.(4)Supportive housing within the housing continuum and will be considered through the Affordable Housing Strategy(5)through CRoZBy relied heavily on online engagement. Staff appreciate the contributiongroup to this project. Staff ResponseIn staff opinions a 6 metres driveway on an 11 metres lot represent a ƷŷĻ ƦğƩƉźƓŭ ƓĻĻķƭͲ ǒƩĬğƓ ķĻƭźŭƓͲ ƭƷƩĻĻƷƭĭğƦĻ ğƓķ ĻƓǝźƩƚƓƒĻƓƷğƌ ĭƚƓƭźķĻƩğƷźƚƓƭ͵ ğƓķ stregarage width. Staff understand and appreciate the effort that wenbe addressed through the zoning byaccessibility issues. Thethat is under meter How much - it establishes the als in the rental - ems such as however parking a number of of disabilities and chronic health problems. rises, size of driveways etc.? ll be devastating for many public and nonprofit - ently addresses mostly secondary rental housing. voices of persons with disabilities and their caregivers are - accessible housing but there is still is no housing created. A Responses - lity, age, health conditions, addictions, etc.) and is still almost impossible And - profit) but CROZBY curr - Discrimination in terms of disability or income source being Ontario Disability Discrimination for those who have (mental) health problems or have previous Discrimination regarding housing is based on a multitude of factors (income Even when individuals are ready and able to move into stable housing, or when City of Kitchener offers incentives for below market rent units new buildings (profit Provincial cuts to the regional and municipal government raise the question how ) 3)4) Commentsthis as an eyesore and possibly fine the home owner,vehicles in the back yard is allowed???? This is an eye sore for us and I question the double standard of not allowing front yard parking but able to use back yard as a parking lot. (Junkyard) Requesting an approach to maximum garage widths that would allow for 6.0 A downfall of research on affordability and accessibility of housing need for affordable, downfall of engagement not included.(1) source, abito be proven:-Support Program is seen as a prominent issue with private land lords-experiences of homelessness (2workers with All in 2020 Campaign have resources to place individuhousing, there are no low rent or subsidized units to place them in. No low rent housing buildings are being built. (or nonThe enforcement of tenant protections is already weak for purpose built (more and more unaffordable) rental housing, and an influx of secondary rentals would make the situation worse for persons with a range(will they cover all supports needed with less staff, less money, etc. A push towards privatization in many service sectors wiservice recipients.(5)In the whole zoning bylaw consultations and secondary planning in Kitchener, the least was heard from people with disabilities.(6) The questions surround the mundane/ technical problspace between single homes and high Comments - C - and e f Appendix - 233 - 19 - August 14, 2019 NameLarry KotsefPatrick ClarkTelephone conversationAleksandra PetrovicAugust 22, 2019 DSD 1 - 21 21 of 10 Page lan, it is P fficial law cannot - O ement of the walkable, esigned through processes this can make meaningful community - are secured and d Parks communities. comments are applied geographically, it will support the achiev planning complete zones Staff agree that zoning is often technical and mundaneWhen the Stage 1 of Crozby provides regulations for public open spas such as parks. These are an CRoZBy stage 1 and 2 include provision for site lines at corners and driveways to provide for The Building Code includes standard for accessible housing design. A zoning byThank you for these (6)engagement a challenge. However as legal document that implements policies in the essential to get the technical details right.(7)pedestrian transit supportive policies developed in the official plan.(8)important part of other than residential zoning. (9)pedestrian safety. (10)addressed through site plan review (11) Staff Response ities climb able to be - uits and ased as more vulnerable tenants could cause higher traffic and access issues law that the door has to face the street - to think about making places more accessible as they are being law that requires accessibility features in the building plans to be - Responses - And rned when renting to persons with disabilities. - able, making buildings and units more accessible, as well as other amen - Size of a driveway in itself should Apparently, there is a byThe city needs to ensure advisory services for those who will be adding new The protections for tenants have to be increDisplacing a tenant who lost a lot of functioning mobility and can no longer When private homeowners build they do not have people with disabilities in If we are talking about secondary suits, there are a lot of landlord skills that have h complete unit at the lower floor, all of this is not part of the conversations. - Comments(7) Access in neighbourhoods is more important, if destinations are to be bussor walkin general.(8)Accessible green public spaces are of concern for persons with disabilities. Many have dog companions and they need access to parks and greenspaces that are being diminished for new builds on Margaret St for example. Developers have responsible for making sure there are open green spaces included in the developments or private builds for secondary units.(9) The intensification is necessary, however, for persons with disabilities or anyone using a mobility device, development like a blind corner that could cause hazards, exits from building parking to the street to close to pedestrian crossings, and in general, more people and vehicles are an impediment for persons with disabilities.(10) What about the actual units being built that are in general inaccessible for persons with a range of disabilities. Visitable housing features, no step or accessible entrance ramps, wider doorways, units with lower kitchen elements, or townhouses witPerhaps a bygranted approval. (11) This becomes even more problematic with the creation of secondary sdoing for people who need accessible housing?-access to laneways or backyard units-mind as renters/ tenants, especially as some features would cost them more. However, we havebuilt, both for the aging population, young families, persons with disabilities, everyone.-to be lea-unties on their property as they work to obtain their building permits.-end up in less regulated and widely diffused types of housing. Discrimination and harassment are prevalent with tenants with disabilities.-the stairs is a traumatic experience. If they cannot access the bedroom or the bathroom on the second floor, they have to move out of their dwelling and maybe Comments - C - Appendix - 233 - 19 - Name DSD 1 - 22 21 of 11 Page geographically law. The - law review. - For example, by zoning medium rise to provide transition. The proposed approach to zones the Official Plan policies with regards to rooming houses. s scope of a zoning by e Neighbourhood Planning Review. law implement - irements were addressed in stage 1. Revisions within Major Transit Station Areas will These issues will be addressed through the affordable housing strategyRooming houses are often regulated as Lodging Houses in the Zoning byThese comments are outside the taff intend to use this approach to transition when applying the residential zones Swhere form, space intended and existing context allow.residential between low rise and high rise transition is in addition to this tool.Parking reqube considered through th (12)(13)recommended zoning byHowever, staff agree that additional consideration of lodging houses is required, and suggest that this issue be addressed through the Affordable Housing Strategy.(14) (1)(2) Staff Response end rentals are not in reach - in most cases when people are e can afford a 2 bedroom apartment intensity buffer, like 4 story stacked townhouse with ome or even young professionals or seniors on pension income. rise high - ople out of the city core. We have to prevent ghettoization of poverty Responses - And are mostly in difficult situations and cannot access tenant protections either. - no buffer no saving when health deteriorates, appliances need to be ble and accessible housing. KW wants people with money to come to our Accessible options are the first to be sacrificed Finding accessible options in buildings is difficult and the high rise buildings Accessible homes in the city are being moved to make space for highrises. We still have very strong not in my backyard push when we think about rooming ) Height transitions: While the 7.5 metre setback can be acceptable in some Commentstheir neighbourhood altogether. -doing builds because properties are small and it does cost more-pose risk to people with disabilities during emergency situations-True Affordability Now (12) Affordability has multiple interpretations.80% below market rate is arbitrary as the market rate is unattainable for anyone on low income, fixed incHousing strategies and United Nations state 30% of persons/household income.One bedroom apartments are well over $1000 in the region and the rent has increased 16% in the last year only. No onwithout making $22 an hour.ODSP monthly shelter allowance is only $497.The fact is that some people have it harder than others.Things also get harder over the years for people on low income or fixed income as there isreplaced, accidents happen.When you start off you have all your clothes, and furniture, dishwasher, washing machine and dryer and then perhaps You lose your job and you end up on social assistancePeople start off from different places, there is no easy answer.(13housing, that is usually converted private houses with few or no accessibility features. Tenantshow we see current and future needs or how we understand urgency around true affordacommunity and are building for them as condos and highfor the current residents of downtown. Many had to leave already. There is a push to send the poor peand make sure well off city areas are welcoming to low rent and more truly affordable housing being created there.(1)contexts for a height up to 18 metres, a better solution (for instance for the Braun backyards) is a lowsome reason. Why? Comments - C - Appendix - 233 - 19 - NameDawn ParkerAugust 16, 2019 DSD 1 - 23 21 of 12 law. - Page ns do not allow the law does not include any minimum - ay be possible however. . Provincial regulatio ) based on the age of the principal building. e dwellings. This approach allows for tiny houses to attached ( s law and provides for additional dwelling units (detached) is association - to n approval. Tree management is a key issue to be addressed through revised additional dwelling unit law enables front yard parking in more the instances than does the current bylaw enables laneway housing. In response to this comment the recommended -- law cannot restrict tree removals. Other tools m - regulate proposed by law to - The proposed byThe approach has beenadditional dwelling units (attached) to existing dwellingsbystaff are proposing to require additional dwellings units (detached) and two additional dwelling units (attached) to receive site plasite plan review and approval. Maximum driveway width is also proposed to be more restrictive than under the current bylaw. The zoning by (3)(4)(5)(6)See response above. Staff ResponseTiny houses are an exciting advancement in housing. The zoning bydwelling sizes. Additionally the bywith single detached, semi detached and townhousbe established without the land cost of a standalone lot. - 91 and 93 allow mail. The - e=Consumer+ 6th will have an entire - can send you the report basement). This is very bad a very high percentage of h site plans and zoning regulations, if - village/?utm_sourc - level garages wherever possible, and also - support rezoning to be more flexible for these Pilot Project Proposal - features/tiny - o be flexible, and also let developers and builders know 322655909 You should go and check it out. There is a BOGO - I strongly - cutting will not be viewed favourably. - et a temporary permit. 9854b0eeb5 - Responses - plexus (single family with a rental unit in - And - Residential driveway and parking regulations: I support reduced parking We also need to address tree removals. If site plans are possible that preserve Additional dwellings 6) Comments(2)requirements, combined with resident permit street parking as soon as it is needed (here probably when the Google construction starts). Toronto has good models, where visitors can g(3)One problem with putting parking in the back is that too much of the property ends up in a driveway. I support houselaneway parking where possible. (4)issues, and especially to include laneway houses. See my other eeconomics are now skewed towards tear downs of existing houses, then building NEW quadfrom a neighbourhood preservation and carbon budget perspective. We also need this to address housing affordability issues. CMHC agreesif interested. (5)I also think we need to be more flexible witflexibility can preserve mature trees and/or allow home preservation. Examplesvery large trees were killed for the (otherwise nice) duplexes on Walter, for setback reasons. They also now have front yards that havepavement, more than would normally be allowed. Another exampleLouisa. There is a very nice existing Century home. Laneway dwellings would allow a new house, set back quite a bit, to be built in the back, which wouldpreservation of the exiting home, while densifying the parcel. (91 waterloo is small and does not appear to be in good condition).(existing large trees, we need tthat preemptive clearPDFs attached for documents submitted. 1. Temporary Housing Solution 2. A Tiny House on Wheels3. Zoning Bylaw No. 2039 of the City of Grand ForksIts worth noting that the upcoming Toronto Home Show, Oct 4tiny home village on display. promo.(see below), so you can take a planner/councilor to the tiny home show/exhibit and get a conversation going around alternatives and ideas.http://fallhomeshow.com/show+Ticket+Offers&utm_campaign=9854b0eeb5EMAIL_CAMPAIGN_2019_03_06_11_39_COPY_02&utm_medium=email&utm_term=0_4afc1a8475 Comments - C - Appendix - 233 - 19 - NameRhonda Lee August 25, 2019Rhonda Lee August 26, 2019 DSD 1 - 24 21 of 13 Page rward on the Affordable Housing Strategy to address these issues. inue to move fo Staff contSee earlier response Staff Response 8 year introductory/pilot - property. A bylaw officer eople might freeze to death nstant renovations going on until the say over a 5 - chronic homelessness by Jan. 2020: mitting and fees costs and any number of g on those municipal barriers to housing, and step e into planning in a way that assures access to affordable nsumer/citizen demand for housing alternatives. City Planners used to park vehicles. 4 ATVs and a golf cart type of vehicle moved Responses - he property as well (I think the current street parking bylaws are pick up trucks, someone else's Hummer (he was selling it for him) and 2 And - Waterloo region won't meet goal to end - CommentsWith tiny homes being recognized at high profile home shows like these it seems clearly indicative of coand Municipal Staff currently undergoing housing bylaw and zoning reviews, could use the opportunity to get inspired and better informed of what is available and start thinking how to incorporathousing (sans permitting fees and added costs period).CBCClarkeIts in the news, so hopefully city planners will take note.https://www.cbc.ca/amp/1.5270556Waterloo region won't meet goal to end chronic homelessness by Jan. 2020: ClarkeThe city really needs to get crackinup to embracing creative, alternative housing that already exists (see recent Grand magazine story on shipping containers) but which they prevent from moving forward through outdated zoning, excessive perbarriers and hoops they have to cost the city more in the long run (re: Million Dollar Murray).Maybe forward something on to the media about the 18 month long CROZBY process, which would mean a few more homeless pduring a predicted harsh winter to more conveniently diminish "the problem" while they discuss what bureaucratic process to use in their warm cozy offices. Just sayin' Further to our phone conversation, this morning here is the email and photos to follow as mentioned. This property is 2 doors down from my has visited and said all is within regulations.I have included photos of street parking as well because possibly the allowance of storing vehicles on the property leads to the toy hauler , RV and long flatbed being brought to tadequate though I hesitate to initiate action on it). I have tried to arrange the photos in chronological order starting in April to this week.The home was purchased last November with coowner moved in this past April.I started with 2 renters' vehicles parked in the street constantly. The 3 car driveway has generally been full of the owner's vehicles. The oversized (extra deep) double garage is NOT into the back yard from the start and are parked there all the time. Other items that come and go are a couple of utility trailers, a flatbed trailer and 1 or 2 boat trailers, one of hislarge liquid storage tanks. Comments - C - Appendix - 233 - 19 - NameRhonda Lee September 5, 2019Heather Reece and Dave KrallJuly 11, 2019 DSD 1 - 25 21 of 14 Page Staff Response er. I have seen small pull umber and size of vehicles of vehicles). You may hear from ont lawn for 2 weeks (I ended up contacting bylaw He feels picked on and I can understand why. One he got a ticket. Another neighbour left a "less than kind" note on a - Responses - And - ard it would be a significant reason for me to walk away. . NING ROOM WINDOW) and into the back. CommentsThese items are moved around as needed (weekly or more) which involves needing to drive over the sidewalk, front yard, side yard (RIGHT PAST NEIGHBOUR'S DIAs can be expected the backyard is not being maintained.He has moved into a neighbourhood of lawns, flower beds and garden sheds when what would suit him better would be pavement, parking and a garage and that is what he is currently trying to do. He says he has applied for a permit for a garage in the backyard and would like to put a driveway down the side yard between the houses.He enjoys his ATVs, RV on the weekends and buying old vehicles and fixing them up etc...I don't begrudge anyone their hobbies but I think this is going WAY too far and not something putting up a fence will resolve. These are not suitable properties for multiple vehicle storage/usage. If I were buying the home I'm in now and saw that backyI spoke to him yesterday about street parking and my concern about visibility while backing out of my driveway onto our busy street (had left him a note on the topic about a month and a half ago). neighbour had called about the RV (26 feet?) overhanging the sidewalk when parked in the driveway broken down golf cart left on the frabout that) and the neighbours right next to him have complained to him on more than one occasion of the vehicles in the back yard and that the back yard is becoming decrepit (mice, skunks and unsightlinessthem as well.This seems like a case of given an inch and taking a mile.Our RV fits in our driveway and we appreciate being able to do that. Our utility trailer fits in the garage. We store the RV off site during the wintbehinds in back yards over the winter and that seems within reason. We all need to have fun.My request to you is to think about heavier regulation of parking ANY kind of motorized vehicle on a residential property in terms of nand accessories like trailers to avoid this type of situation. I would really like residential neighbourhoods to remain lawns, flowerbeds and simple garden sheds and not turned into parking lots. Comments - C - Appendix - 233 - 19 - Name DSD 1 - 26 21 of 15 the Page because zone perspectives, 4 - plan policies and nimum separation distance. Staff e not supported or enhanced ermits lodging houses in the RES law p - law that conflicts with the Official Plan. CRoZBy stage 1 included a ant regulation to help to ensure additional units are accepted in our - into OPA. law implements the policies of the official plan. The Official plan provides for lodging - incorporated , which is scheduled to be completed at the end of next year. In planning for intensification and the addition of affordable units, it to address are policies of official plan including those regarding neighbourhood character and urban design. The recently approved Urban Design Manual recommends avoiding the clustering of opaque doors. The city has seen a proliferation of infill projects over the years that havneighbourhood character. These concerns have been addressed through limitation on garage and driveway width, garage projection and limiting dwelling to one pedestrian entrance per facade. Staff continue to feel this is an importneighbourhoods.The zoning byhouses in zones that permit multiple dwellings and provides for micannot recommend a zoning byminimum separation distance for lodging houses. As compared to the May 2017 draft, the recommended residential zones bythis zone permits multiple dwellings. Your arguments, and the arguments raised by the Ontario Human Rights Commission warrant serious consideration. For this reason, zoning regulations for lodging houses be considered as part of the Affordable Housing Strategy A)B)C) Minor revisions Staff ResponseThank you for your comments. Staff appreciate the time and energy that WRYIMBY has taken to meet with us, share insights and analysis. The city has placed a high priority on addressing housing affordability issue through the Affordable Housing Strategy law amendment for - believe we can do more to reduce the Zoning Bylaw Residential Review and the ditional units are located within Major Transit Station change to the current By Law that the Official Plan will our city more inclusive and respect the dignity of low cannot be emphasized strongly enough. that people can, or should go someplace else if we are not g types force one vision of neighbourhood character above another more , 2019 the City of Kitchener is putting towards this with the Affordable Housing Responses imply would still restrict the supply of housing, particularly of more - the problem that needs to be solved, rather than poverty itself. We should Affordable Housing Strategy. We are excited about the prospect of positive that And ion has no concerns regarding the proposed zoning by - Section 4, 1 i), was this intended to delete the entire glossary definition for housing prices, make llowing the housing they can afford CommentsAlso, in Thanks for the opportunity to review. I look forward to working with you on this in the future. September 17The Regadditional units however as we discussed on the phone, we recommend that through the Neighbourhood Planning Review, opportunities be considered for reduced parking requirements where adAreas. Thank you for seeking our feedback on upcomingchange and we welcome therepresent if implemented. However, we alsohousing costs. Please see our premises and recommendations below.Our recommendations are informed by the following premises:1. Housing affordability is a crucial component to quality of life. We appreciate the attention Strategy, but this point2. Allowing for more housing, particularly affordable housing, is one important way to lowerincome people3. While they would be an improvement over our current bylaws, the bylaws that the Official Planaffordable housin4. We should not stigmatize low income people or treat the existence of low income housing asalso never assumea5. Conceptions of neighbourhood character and their aesthetics are subjective, and we should notinclusive vision Comments - C - , 2019 Appendix - 233 - 19 - NameDavid Welwood On Behalf of Waterloo Region September 6, 2019September 17Martin AslingWaterloo Region Yes in my BackyardSeptember 5, 2019 DSD 1 - 27 21 of 16 13.5 Page law. The - law especially - adjustment. The review. However, as part law must implement the - is year, and allows for a maximum of 3 r homes are supported by the recommended zoning by 7 zones both permit 8 Story building. These will be applied geographically - law should address many of these, ad reduce the number of variances we see. It is - round living in dwellings without municipal or private septic service presents public health - 6 and RES - rough subsequent projects, primarily in areas designated medium rise residential and high rise Parking requirements were established in Stage 1 and are not part of this of the neighbourhood planning review, staff are considering reducing the number of parking spaces within Major Transit Station Areas.The RESthresidential in the Official Plan. .It is important to note that the zoning bystoreys, and 4 stories along arterial and Regional roads. Accordingly, staff cannot implement the recommendation to allow 8 stories everywhere.As part of our review we review the comment variance at the committee ofproposed byalso important to note that the city currently has an incentive program to waive permit fees for affordable housing. Tiny houses and containethrough the progressive treatment of addition dwelling units (detached) in the zoning byCity does not require minimum unit sizes beyond what is in the building code (Approximately m2). Yearconcerns and is not recommended at this time. D)E)F)G) Staff Response localized more dense ortive housing (pg. acter) tend to be allowed (pg. 19). It is not the desire for more housing tigating this effect. Allowing 8 units es or license renewals. The latter and social/supp ruling on previous Cedar Hill bylaws that benefits of density on environmental varianc house that is not distances for rooming houses on the grounds that for people, and we must consider what will happen our broader population, and not limit engagement to be one such positive approach. Limiting rooming houses not drive City bylaws. If the current preferences for single lodging houses. options for people, which mitigates car related the building the overall availability and affordability of housing. Similarly, we discriminatory people zoning (OHRC, 2013, pg. 17). If the goal is to be tenant of a rooming increase this to 8 throughout the city, and remove the minimum - minimum separation Responses ee premise 4,5. - dwellings. signifiers of rental housing. Such concerns would be rooted in planned buildings with multiple structures to have multiple doors on the And - doors are based in aesthetics and not the above concern, we still believe it is should also consider that greater density overall makes transit, biking and Reverse the suggestion cited in the Zoning Bylaw Residential Review survey and a. Please see Premise 1,2,3,4,5,6.b. Further comments: The Ontario Human Rights Commission (OHRC) advises eliminatingthey constituteprevent thethroughout the City wouldmeans limiting housing optionsto the wouldenough to say that they could simply gofound out in the Ontario Municipal Boardlimited residential care facilities, low income22).a. Please see Premise 1, 2, 3, 6. Weross the city a. Please s b. Further comments: We cite premise 4 because some might oppose two front doors asstigmatization and shouldfront not enough reason to limit ahousing. Comments6. We should always consider the broader sustainability andshould seek out feedback fromthe immediate vicinity of zoning changes,approach can lead to systematically underestimatingamong our population because the costs that people associate withhousing (local traffic, parking availability, neighbourhood charmore localized while the aforementioned benefits tend to be more broadly applicable.7.walking more feasibleimpacts.Our RecommendationsA. allow forfront, back or side of acdistance requirement forC. Remove minimum parking requirements for any new development or conversion to multiunit Comments - C - Appendix - 233 - 19 - Name DSD 1 - 28 21 of 17 Page Staff Response Room for everyone: Human y home park living to car use more feasible, not furthering car dependence by dwellings, that cost is passed on to the tenants. We should han is necessarily needed for a particular development or housing for variances that can lead to more affordable housing e Premise 1,2 Waterloo Region Yes in my Backyard Responses - round trailer or tin - Retrieved from more affordable housing types for people, and investigate any opportunities And parking t - Tiny HomesYearContainer homes Allow for buildings of at least 8 stories throughout the City Please also consider the important role that the following housing types can play in b. Further Comments: Parking can be very expensive to provide. If we mandate for moreconversion to multiunitbe making alternativeseffectively subsidizing it.a. Please see Premise 1,2,3,5,6. a. Please se CommentsD. E. Find ways to streamline variances and make them more affordable, perhaps by removing feesF.providingto facilitate their use:If you have any questions please do not hesitate to contact me,Martin AslingReferencesOntario Human Rights Commission (OHRC) (2013). rights and rental licensing. http://www.ohrc.on.ca/sites/default/files/room%20for%20everyone_human%20rights%20and% 20rental%20housing%20licensing_accessible.pdf Comments - C - Appendix - 233 - 19 - Name DSD 1 - 29 21 of 18 ts, Page detached dwellings. - ng tiny homes regarding tiny homes law is more permissive with regards to addition dwelling uni - esponse regarding tiny homes earlier response see see earlier response regarding tiny homes see earlier response regarding tiny homes see earlier rsee earlier response regarding tiny homes see earlier response regarding tiny homes see earlier response regarding tiny homes see earlier response regardi Staff Responsethe recommended byincluding permitting additional dwelling units (Attached) in semiThank you for your comments d. - emailed parenting). - generational - by definition, a garden - ies, keeping seniors in the worth, foster a feeling of - vided information about draft RES zoning, nurture self pro d - rge for tiny home development. Could perhaps expand the term y homes in the form of both second units and garden suites in the Responses - And - strong interest in tiny homes/garden suites and raised concerns that they are not permitte - its of permitting tiny homes (i.e. decrease poverty, gas emissions, and improve physical/mental Comment1) Would like more flexibility for considering secondary suites (i.e. semi detached duplex dwellings). Referenced several current regulations relating to height, setbacks etc. 1) The City should consider policies for "tiny houses". Numerous sources have been provided to City staff for their consideration.1) Would like tiny homes to be permitted in the CityEmailed regarding Tiny House Ontario site where Leamington, Collingwood, Orillia, and Guelph will allow tiny houses on foundations. Provided link to the Facebook page (https://www.facebook.com/TinyHouseOnta rio/). Desiring this development permission. Also,regarding support for Coach Homes, Garden Suites, Laneway houses on foundation and Tiny Homes on wheels. Concern with affordable housing in the Region (does not want these uses eliminated). Submitted comments by email. Interested in development of tiny homes to promote minimalism, prevent unnecessary use of resources, and contribute to affordable housing. However, requirements for minimum area is generally too la"Detached Coach Homes and Garden Suites" to include such buildings. This would be different than secondary dwellings since these require another larger residence to exist on site. Submitted comments by phone call. Provided support for zoning regulations that would permit tiny homes Believes tiny homes are beneficial for low income people at a time when the market is inflating particularly beneficial for young generations and for single women approaching retirement. Inquired about public open house tonight, unable to attend new second/secondary dwelling units provisions, encouraged to review ZBL and provide written comments (provided email address).Submitted comments by email. In support of tiny homes being permitted suite may be considered synonymous with a tiny house on a foundation. Provided rationale and benefits of permitting tiny homes (i.e. personal investment strategcommunity longer, financially assisting homeowners, boomerang children, multihousing, student housing, relatives with special needs, minimalism, millennial housing, coRequests that the City rethink tinnew ZBL.Submitted comments by email. In support of tiny homes being permitted. Provided rationale and benefhealth in the community). Request that permitting tiny homes be considered in the new ZBL.Submitted comments by email. In support of Tiny Homes on wheels, Detached Coach Homes and Garden Suites (Tiny Homes on foundation). Tiny homes offer an affordable housing alternative, and are innovative and sustainable.In support of second dwelling units on a suitable residential property to house an elderly relative or relative requiring assistance due to disability. Woulindependence, reduce financial strain. Comments - C - - - Appendix - 2017 Verdugo 233 - 19 - NameBen EbyAugust 30, 2016Rhonda Lee VARIOUSJames KellyDecember 24, 2016Della FergusonMay 29, 2017June 11, 2017Emilio ParedesJune 21, 2017Bill SchneiderJune 21, 2017Karen RollinsBeneteauJune 23, 2017Eshe VicarioRobinsonJune 26, 2017Laura HamiltonJuly 13,M ZomerAugust 13, 2017 Comments from 2017 DSD 1 - 30 21 of 19 Page current comments on CRoZBy stage 2a ovided here. Staff ResponseMany of these comments applied to CRoZBy stage 1 and are no longer applicable. Staff understand that the June 26, 2019 memo from Mr. Britton represents the Waterloo Region Homebuilders Association's and no response if pr - law amendments - compliance section is r porches and other - ng. Consider outdoor uld have the opportunity to al non a questionable requirement. to this form of housing should tion of zoning by tions within the City. law will affect their lands. - nsider this. 1 should reference this type of housing given it is a defined - CRoZBy the gist). compliance provisions relating to land acquisition (widening) to the - - law. Table 7 - law, discussion is required regarding carry forward of special zoning owns). Consider adding cluster towns to the list of units that may have a - in clarifying understandings. ding the non ty. Responses - 1 (Garage Width and Driveway Width) is out of sync with the vast majority of homes back Townhouses is a defined term. Regulations specific - - And - to - able 5 CommentRE: Stage 6 (Residential Zone) 1) Schedules are not available and as result affected property owners shocomment once they are aware of how the by2) Discussion is required regarding how you will deal with applications that are in process.3) Related to Point 2,discussion is required regarding considerawithin the two year period following approval of CRoZBy.4) Given this is a new byprovisions and approved variances (both uses and regulations). The leghelpful.5) The definition of Floor Space Ratio and consideration of floor area that is partially below grade as part of the calculations requires discussion.6) Back be incorporated into the byterm. We collectively should ensure flexibility in the definitions to ensure the definitions do not stifle design creativi7) The regulations relating to a Street Townhouse form within a Cluster Townhouse block should be rationalized (ie.parking).8) The definition of second dwelling unit may prevent a second dwelling unit for all types of housing. Discussion will assist should address lots with more than one frontage with more than one building oriented to more than one frontage (wordy but you getdefinition. We can discuss. Note, there will be situations where there are more than one principal building on a lot. The definitions should co11) Consider extending the internal lot line provisions for condominiums to internal consent lines created through the approval of a comprehensive planned development.12) The provisions relating to condominiums are helpful.13) Consider extenlocation of parking and the amount of parking. The conditions appear to be somewhat contradictory. It is unclear if all conditions must be satisfied. Continuous ownership is There are situations where buildings are not subject to site plan approval but comply with zoning regulations. Site plan approval is also a questionable requirement.14) Consider making provision for new wells for farming opera15) Please explain the rationale for a minimum lot width of 12.8 metres for a secondary dwelling unitthis will preclude this minor intensification from happening in many situations (singles with less than this width, semis, street tsecondary dwelling unit. Please explain the rationale for reducing rear yard requirements. Consider regulations or direct to regulations relating to parking and the location of parkiamenity requirements.17) Consider permitting tandem parking for street townhouses and for a street townhouse form within a cluster townhouse development.18) Tbeing built. This table will generate concern for most builders and requires discussion. 19) The Appendix J private garage restriction should be tempered and considedesign features. Comments - C - Appendix - 233 - 19 - NamePaul BrittonSeptember 19, 2017 DSD 1 - 31 21 of 20 Page . le forms ed Importantly, were addressed in law including missing midd - Parking and TDM requirements . ements were addressed in stage 1. Revised parking rates for MTSAs requir 5, 6, 7, 8, 9, 10 and 11 Thank you for your comment. Zoning in the UGC will be addressed as part of a a The permitted uses in the recommended byalongside additional dwelling units Depending on which of the seven proposed residential zones a property receives, there are a variety of scales of residential development permitted. Parkingwas recommended through the CRoZBy background work and will be considered as part of the Neighbourhood Planning Review This comments in property specific and will be considered through CRoZBy stage 2b Staff Response3, 4, CRoZBy stage 112. future project. 1.2. - ver and hich ings, and e extent of parking residential use restrictions - 3 Zone. Consider simplifying the - , and urge the City to consider 1.0 spaces per unit plus visitor - portation demand management (TDM) law that does not require a revision - wide as these will limit th - coach houses/secondary dwelling units). tructures rather than assigning as between the such, we have several recommendations to mitigate the lowances for shared parking between various uses that are law, and allowing further parking reductions from new zoning by - laws by 2023. - 2 Zone. There are new developments (Trillium Community) w - hat have the size to accommodate these uses cannot be used as such. requirements in the interim. ts from zoning by n Responses - for that. In addition, an increase in density in this location should not affect congestion And - tive at differing times of day. Recommend opening more existing neighbourhoods to 'gentle density' that more efficiently makes use of land without overwhelming an area with apartment towers (i.e. triplexes, townhomes, small scale apartment buildings,Suggest removing provisions requiring additional parking for coach house dwellallowing in a garage.The provincial government, through its Climate Change Action Plan, intends to eliminate parking requiremeWe recommend that Kitchener develop a zoning byimmediately following enactment, but also recognize that it may be difficult politically without explicit direction from the province. As impact of parkingWe strongly endorse the proposed exemption for the first 10,000 square metres of floor space (or 100 dwelling units) from parking requirements in the UGCsome portion of this exemption to other transit station areas as well.We are pleased to see parking maximums cityoversupply.We further recommend continuing to implement transpractices within the zoning bylaw requirements for the provision of additional TDM measures. One of the most significant sources of TDM reductions will be alacWe find the minimum parking rate for multiple dwellings (0.9parking) is excessive for higher density housing, considering the City 1.2.3.4.5.6.7. Comment20) Garage projection regulations should deal with side entry garages which should not be subject to the same restrictions.21) Flexibility should be provided in driveway construction materials (cement/asphalt ,brick/paother combinations.22) I do not understand/appreciate the maximum number of dwelling unit regulations (4 in a street town dwelling?). Clarification/discussion would be helpful23) The nonseem overly restrictive. Lots t24) Discussion is required regarding the uses and regulations of each zone. For example, consider a 12 metre lot width for the REShave more relaxed regulations. Different lot widths for street towns depending upon zoning category seems excessively complicated. Semis to be considered in the RESlot coverage regulation to relate to all buildings /sprincipal and accessory buildings. There are other more detailed comments that would benefit from a 25) The podium regulation should be debated.Submitted comments by email. The subject property currently contains a triplex and is large and could easily fit another 3 units and still provide parking and greenspace; however, the current rules do not allowas property is within close proximity to a bus stop. Comments - C - sport Appendix - 233 - Cities Tran 19 - - NameMaynard LantingOctober 2, 2017Mike Boos(TriAction Group)August 26, 2016 DSD 1 - 32 21 of 21 Page Staff Response t could me more scarce, enabling past patterns, as this assumes be minimal. ng requirements for bicycle parking. The e pooled into shared garages, conserving . site parking for every development. The City could - law include stro - ing needs to decline over time. e close proximity to entrances. e discouraged after alcohol consumption. The proposed law attempts to take some of the uncertainty surrounding - gher than nearly any other use. ed by the 3.0 floor space ratio (FSR) for the Urban Growth Centre and e more difficult to find otherwise in denser housing. Considering that y without significant bonusing. Responses - And - recommendations of 0.7 spaces per unit. This is mitigated in some part by the UGC exemptions, however we note that suburban high density housing consumes even less parking. We should be cautious about setting standards merely based onthe status quo is the ""right"" way and that circumstances will never change. In keeping with mode share targets, we expect parkWe recommend allowing parking in office/employment areas to becoemployers to charge for use of parking (one of the most effective means of encouraging modal shift). Concerned with the proposed parking rate for brewpubs, restaurants, and nightclubs (licensed establishment) as driving should bparking requirements are hiWe disagree with the requirement for onencourage 'parking districts' where parking needs arbuilding frontages and limiting the number of driveways to encourage walkability. We recognize that accessible parking may requirWe are encouraged to see the draft byrate of 0.25 per residential unit seems like a modest start in many parts of the City, but we are pleased to see that increase to 1 space per unit in station areas, where mode share is higher, and safe parking may bbicycle parking consumes a small fraction of the space that automobile parking requires, the burden of increased bicycle parking requirements should We continue to be dismaysurrounding station areas, as this significantly hinders development and intensification. Consider the former Mayfair Hotel, which would have had an FSR of 6. Under the proposed rules, inot be built todaWe are encouraged that the bybonusing away by prescribing specific rates 8.9.10.11.12.13. Comment Comments - C - Appendix - 233 - 19 - Name DSD 1 - 33 DSD-19-233October 1, 2019 Appendix D AMENDMENT NO. ____ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1 - 34 AMENDMENT NO. ___ TOTHE OFFICIAL PLAN OF THE CITY OF KITCHENER CITY OF KITCHENER INDEX SECTION 1TITLE AND COMPONENTS SECTION 2PURPOSE OF THE AMENDMENT SECTION 3BASIS OF THE AMENDMENT SECTION 4THE AMENDMENT APPENDICES APPENDIX 1Notice of the Meeting of Planning and Strategic Initiatives Committee of October 22, 2019 APPENDIX 2Minutes of the Meeting of Planning and Strategic Initiatives Committee October 22, 2019 APPENDIX 3Minutes of the Meeting of City Council TBD 2 1 - 35 AMENDMENT NO. # TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. ___ to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 PURPOSE OF THE AMENDMENT Section 16(3) of the Planning Act prescribes that official plans shall include policies that authorize the use of additional dwellings. The purpose of the Official Plan Amendment is to address this requirement of the Planning Act by incorporating certain modifications to the text. These modifications will -law. The effect of the changes are to clarify the term additional dwelling units, attached and detached, and to provide for the use of additional dwelling units without the requirement for a site specific zoning by-law amendment. SECTION 3 BASIS OF THE AMENDMENT The effect of the amendment is to incorporate certain modifications to the textof the Official Plan to meet the Requirements of the Planning Act, and comprehensive zoning by-law. It is necessary to align the detailed review and provisions of the new comprehensive zoning by-law with the policies of the Official Plan. This Official Plan amendment is consistent with and conforms to the Provincial Policy Statement (2014), the provincial Places to Grow Act (2005) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) and the Regional Official Plan (2009). SECTION 4 THE AMENDMENT 1.The City of Kitchener Official Plan is hereby amended as follows: a)Dwelling Units, Dwelling Units, Attached and Detached; b)dwelling units dwelling units,attached; c)dwelling units dwelling units; d)Dwelling Units, Garden Suites and Coach House Dwelling Units Dwelling Units; e)Part C,asecond dwelling unit an additional dwelling unit(s),; f)Part C, Section 4.C.1.24. is and replacing it withthe following: 3 1 - 36 The City, in accordance with Planning Act and other applicable legislation, will permit astand-alone additionaldwelling unit(detached),asan ancillary use to single detached dwellings, semi-detach dwellings and street townhouse dwellings. The following criteria will be considered as the basis for permitting an additional dwelling unit(detached). a) the use is subordinate tothe main dwelling on the lot; b) the use can be integrated into its surroundings with negligible visual impact to the streetscape; c) the use is compatible in design and scale with the built form on the lot and the surrounding residential neighbourhood in terms of massing, height and visual appearance; and, d) other requirements such as servicing, parking, access, stormwater management, tree preservation, landscaping and the provision of amenity areas. Additionaldwelling units (detached)will be subject to site plan control.; g)Part D,Section 15.D.3.8.is amendedby and secondary dwelling unitsdwelling units, attached and detached,; h)Part D,Section 15.D.8.5.d)is amendedby deletingsecondary dwelling unit dwelling unit, detached;; i)Part F, Schedule A: Glossary of Terms is amended by deleting the glossary term Garden Suitein its entirety; j)Part F, ResidentialIntensification e)isaccessory apartment, second dwelling unitsdwelling units, attached and . 4 1 - 37 DSD-19-233Appendix E PROPOSED BY LAW September 18, 2019 BY-LAW NUMBER ___ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 2019-051 known as the Zoning By-law 2019 for the City of Kitchener Comprehensive Review of the Zoning By-law (CRoZBy) Project) WHEREAS it is deemed expedient to amend By-law 2019-051; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1.By-law Number 2019-051 is second dwelling unit (attached), second dwelling unit (detached) additionaldwelling unit(s) (attached),additional dwelling unit (detached) wherever they appear. 2.By-law Number 2019-051 is amended by deleting the words Dwelling Unit (Attached), therefrom and substituting the words Dwelling Unit (Attached), Additionaltherefor wherever they appear. 3.Section 3 of By-law Number 2019-051 isDwelling therefrom. 4.Subsection 1.10 b) of By-law Number 2019-51 is amended to read as follows: Appendices A, C and D form part of this By-law. Appendix B is included for convenience of reference only and does not form part of this By-law. 5.Section 2.2.1 of By-lawNumber 2019-51 is amended by removing theRin the two instances itappears andsubstituting the following therefor: 1 - 38 Low Rise Residential One ZoneRES-1 Low Rise Residential Two ZoneRES-2 Low Rise Residential Three ZoneRES-3 Low Rise Residential Four ZoneRES-4 Low Rise Residential Five ZoneRES-5 Medium Rise Residential Six ZoneRES-6 High Rise Residential Seven ZoneRES-7 6.Section 3 of By-law Number 2019-051 is amended by adding the following definitions thereto, to be inserted into the existing text in alphabetical order: EstablishedFront Yard -means a)In the case of a lot that is not a corner lot: the average of the front yardsof the abutting lotswith a low-rise residential zone and where there is a vacant lotabutting the affected lot, the average of the front yardsof the next adjacent lot with a low-rise residential zone; and b)in the case of a corner lot: the front yardof the abutting lot with a low-rise residential zone, in which the principal pedestrian entrance is oriented towards the same street, andwhere there is a vacant lotabutting the affected lot, the front yardof the next adjacent lot with alow-rise residential zone. Additional Dwelling Unit(Attached) see Dwelling Unit (Attached), Additional Additional Dwelling Unit (Detached)see Dwelling Unit (Detached), Additional Utility-trailer-A small non-motorized vehicle which is generally pulled by a motorized vehicle and features a rearcargoarea (bed) and is used for the hauling of light loads. 7.Section 3 ofBy-law Number 2019-051 is amendedby deleting the following definitions therefrom and substituting the following therefor: 1 - 39 Heightmeans the vertical distance between the highest elevation of the finished ground immediately surrounding the perimeter of the buildingand the uppermost point of the building. For all usesexcept a single detached dwellingwith or without additional dwelling unit(s) (attached), at no point shall the vertical distance between the lowest elevation of the finished ground immediately surrounding the perimeter of the buildingand the uppermost point of the buildingexceed 110% of the maximum building heightin the applicable zone. Dwelling Unit (Attached), Additional means the useof a single detached dwelling, semi-detached dwelling unit, or street townhouse dwelling unit where a separate self- contained dwelling unitis located within the principal building. Dwelling Unit (Detached), Additional means the useof a buildingwhere a separate self-contained dwelling unitlocated in a detached building on the same lotas an associated single detached dwelling, semi-detached dwelling unit,or street townhouse dwelling unit.An additional dwelling unit (detached)is not an accessory building. Dwellingmeans a buildingcontaining one or more dwelling unitsand can include a single detached dwelling,semi-detached dwelling,street townhouse dwelling,additional dwelling unit (attached),additional dwelling unit (detached),cluster townhouse dwelling, multiple dwelling,small residential care facility,or large residential care facility. Major Recreational Equipmentmeans either a portable structure designed and built to be carried or pulled by a motor vehicle, or a unit designed and built to be transported on its own wheels, for purposes of providing temporary living accommodation or recreational enjoyment for travel and can include motor homes, travel trailers, tent trailers, boats, boat trailers, personal watercraft, all-terrain vehicle or other similar equipment. Dwelling, Multiplemeans the use of a buildingcontaining three or more dwelling units, and can include a stacked townhouse dwellingandback-to-back townhouse dwelling. A multiple dwellingis not a street townhouse dwelling,mixed use building,cluster townhouse dwelling,single detached dwellingwith additional dwelling units (attached) or semi- detached dwellingwith additional dwelling units (attached). 1 - 40 Lot Widthmeans the horizontal distance between the side lot linesof a lotmeasured at the required minimum front yard setback.For multiple dwellingsorcluster townhouse dwellingswith more thanonestreet line on the same street, thelot width at each street line may be summed to determine the totallot width. Parking Space, Tandemmeans a parking spacewhere the arrangement of two or more parking spacesis such that it is necessary to traverse one or more parking spacesto gain access to the tandem parking spacefrom a lane,drive aisle,driveway, or street. 8.Section 3 ofBy-law Number 2019-051 isamended by deleting the definitionsof Use, Low Density Residential, and Low Density Residential Use 9.Section 4.4.2of By-law Number 2019-051 is amended by deleting the section reference therefrom and substituting the section reference 4.6itappears. 10.Section 4.12.1 ofBy-law Number 2019-051 is amended to read as follows : One Additional Dwelling Unit (Attached) One additional dwelling unit (attached)may be permitted in association with a single detached dwelling, semi-detached dwelling or street townhouse dwelling in accordance with the regulations specified by the zonecategory in which an additional dwelling unit (attached)is permitted, and the dwellingtype in which the additional dwelling unit (attached)is located and in addition to and as amended by the following: a)One additional dwelling unit (attached) shall only be located in the same buildingas a single detached dwelling,semi-detached dwelling, or street townhouse dwelling; b)A maximum of one pedestrian entrance to the principalbuilding may be located on each street line façade; and c)An additional dwelling unit(attached)shall be connected to full municipal services; 1 - 41 11.Section 4.12.2of By-law Number 2019-051 is amended to read as follows: 4.12.2Two Additional Dwelling Units (Attached) Two additional dwelling units (attached)may be permitted in associationwithasingle detached dwelling in accordancewith the regulations specified by the zonecategory and applying to single detached dwellings in which the twoadditional dwelling units (attached) are located and in addition to and as amended by the following: a)two additional dwelling units(attached)shall be connected to full municipal services; b)amaximum of one pedestrian entrance to the principalbuilding shall be located on each street line façade; c)no more than two additional dwelling units (attached)are permitted on a lot; d)the minimum lot areashall be 395 square metres or in accordance withTable 7-2, whichever is greater; e)the minimum lot widthshall be 13.1 metres or in accordance with Table 7-2, whichever is greater; f)the minimum landscaped areashall be 20%; g)two additional dwelling units (attached)shall only be permitted in existing buildings; h)additions to an existing single detached dwellingmust be attached to the rear of principal buildingand shall not extend into any side yardfarther than the extent of the existingprincipal buildingand provided such addition does not exceed 25 percent of the existing building's gross floor area. 12.By-lawNumber2019-051 is amended by adding the following sections 4.12.3 and 4.12.3.1 thereto: 1 - 42 4.12.3Additional Dwelling Units (Detached) One additional dwelling unit (detached)may be permitted in associationwithasingle detached dwelling, semi-detached dwelling or street townhouse dwelling in accordance with the regulations specified by the zonecategory in which an additional dwelling unit (attached)is permitted, and as amended by the following: a)anadditional dwelling unit (detached)shall only be permitted on the same lotas a single detached dwelling, semi-detached dwelling orstreet townhouse dwelling, with or without one additional dwelling unit (attached); b)anadditional dwelling unit (detached)shall not be permitted on the same lotas a single detached dwellingwith two additional dwelling units (attached); c)anadditional dwelling unit (detached)shall not be severed from the lotcontaining the single detached dwelling, semi-detached dwelling or street townhouse dwelling; d)the additional dwelling unit(detached)shall be connected to full municipal services; e)no more than one additional dwelling unit (detached)is permitted on a lot; f)the gross floor areaof the additional dwelling unit (detached)shall not exceed forty percent of the gross floor areaof the single detached dwelling, semi-detached dwelling orstreet townhouse dwelling on the same lot; g)the minimum lot areashall be 395.0 square metres or in accordance with applicable regulations included in Table 7-2, 7-3 or 7-4, whichever is greater; h)the minimum lot widthshall be 13.1 metres or in accordance with applicable regulations included in Table 7-2, 7-3 or 7-4, whichever is greater; i)a building containing an additional dwelling unit (detached)shall be located a minimum of 0.6 metres from a rear lot lineandinterior side lot line; 1 - 43 j)anadditional dwelling unit (detached) shall not be located in the front yardor exterior side yard; k)the maximum heightof the shortest exterior wall of a buildingcontaining an additional dwelling unit (detached)shall be 3 metres, the maximum buildingheight shall be 6.0 metres, and; l)an unobstructed walkway that is a minimum 1.1 metres in width shall be provided from a driveway,streetor laneto the additional dwelling unit (detached). m)Despite Section 5.3.3 a) ii), where threeparkingspacesare required in accordance with table 5-3, two parking spaces may betandem parking spaces. 4.12.3.1Minimum Side Yard setback of PrincipalBuilding: On a lotcontaining an additional dwelling unit (detached): a)The principalbuildingshall be located a minimum of 2.5 metres from the side lot linenearest to where an unobstructed walkway is provided in accordance with subsection 4.12.3 l); and b)The principal buildingshall comply with the setbackprovisions required for the dwellingfor front,sideand rearyards in all other cases. c)Despite the forgoing clause a) will not apply if the additional unit (detached)has direct access from streetor laneat the rearor exterior side yard. 13.Section 4.14.4 of By-lawNumber2019-051 is amended to read as follows: 4.14.4Decks a)All decks shall meet the setbackregulations required for the buildingin the applicable zone. 1 - 44 b)Despite Subsection a) in a residential zone, unenclosed decks that do not exceed 0.6 metres in height above the ground, may be located within a required rear yardor interior side yard. c)Despite Subsection a) in a residential zone, entirely unenclosed decks that exceed 0.6 metres in height above the ground, may be located within a required rear yardprovided that they are located a minimum of 4 metres from the rear lot lineand meet the side yardsetbackregulations required for the dwellingin the applicable zone. d)DespiteSubsection a) covered decks attached to the principalbuilding, and unenclosed, may be located within a required rear yardprovided that they are located a minimum of 4 metres from the rear lot line and meet the side yardsetbackregulations required for the dwellingin the applicable zone. 14.Section 4.14.8 of By-lawNumber 2019-051 is amended to read as follows: 4.14.8 Patios, Decks, and Outdoor Recreation 4.14.8.1 Restaurant Patios, Decks, and Outdoor Recreation Patios, decks, and outdoor recreation associated with a restaurantmay project into a required yardprovided that: a)They are located a minimum of 30 metres from any residentialzone; b)In a COM or EMP zone they have a minimum setbackof 3 metres from a street line; and, c)Despite Subsection a), in a UGC or MIX zone, a patio, deck, and outdoor recreation associated with a restaurant may be located within a front yardor exterior side yard. 4.14.8.2 Private Patios Any required private patio shall be a minimum of 11 square metres in size. 1 - 45 15.By-lawNumber 2019-051 is amended by adding the following section 4.19 thereto: 4.19TRANSITION TO LOW-RISE RESIDENTIAL Despite any maximum building heightof more than12 metresapplying to any zone, the building heightshall not exceed 12 metreswithin 15 metresof a lot with a low-rise residential zone. 16.Section 5 of By-law Number 2019-051 is amended by deleting the words - Table 5-5appear. 17.Section 5.3.1of By-law Number 2019-051 is amended by adding the wordto Table 5-1after the word 18.Section 5.3.1 of By-law Number 2019-051 is amended by adding subsection (5) thereto: (5)Where 2or more required parking spaces are located within a private garage, the minimum width of the first space is 3 metres and 2.6 metres for every additional parking space 19.Section 5.3.4 of By-law Number 2019- 5-therefrom and substituting the words -therefor wherever they appear. 20.Section 5.5 e) of By-law Number 2019- 5-therefrom and substituting the words -therefor wherever they appear. 21.Section 5.5 f) of By-law Number 2019-051 is amended by deleting the words Table 5- therefrom and substituting the words -therefor wherever they appear. 22.Section 5.5 g) of By-law Number 2019-Table 5-3 and/or Table 5-therefrom and substituting the words-therefor wherever they appear. 1 - 46 23.Section 5.6 of By-law Number 2019-- therefrom and substituting the words-therefor wherever they appear. 24.Section 5.3.3 a) iof By-law Number 2019-051 isamended to read as follows: On a lotcontaining a single detached dwelling,semi-detached dwelling,additional dwelling unit(s) (attached),additional dwelling unit (detached),small residential care facility,lodging househaving less than 9 residents, or home occupation: i)Parking spaces shall be located a minimum distance of 6 metres from a street line; ii)Despite Subsection i), where two or more parking spaces are required, one parking space may locate on the drivewaywithin 6 metres of the front lot lineor exterior side lot line and may be a tandem parking space; and, Illustration 5-1: One Tandem Parking Space Option A Illustration 5-2: One Tandem Parking Space Option B 1 - 47 iii) Despite Subsection ii) where three parking spacesare required on a lotthat contains an additional dwelling unit (attached)and an additional dwelling unit (detached), one parking space may locate on the drivewaywithin 6 metres of the front lot lineor exterior side lot line and two parking spacesmay be tandem parking spaces;and iv) Not more than one parkingspace for a home occupation may be located in a rear yard, except in the case of a corner lot, a through lot, or a lotabutting a lane. 25.Section 5.3.3 c)ofBy-law Number 2019-051 is amended by deleting the words therefrom. 26.Section 5.4 of By-law Number 2019-051 is amended to read as follows: 5.4 DRIVEWAY AND GARAGE PROVISIONS FOR RESIDENTIAL USES a)For all residential usesother than large residential care facilities, multiple dwellingscontaining 4 or more dwelling units, and mixed use buildings,a required parking spaceshall have direct access from a streetor lanevia a driveway. b)A maximum of one driveway with one access point from each street or lane shall be permitted on a lot, except in the case of: 1 - 48 i)Alothaving a minimum lot widthof 30 metres, where a maximum of two drivewaysmay be permitted; and, ii)Asemi-detached dwelling, where each dwelling unitmay have one driveway. c)For the purposes of Section 5.4 the calculation of drivewaywidth is measured along the entire length of the drivewayperpendicular from the edge. Illustration 5-4: Measuring driveway width d)Adriveway shall be a minimum of 2.6 metres in width. e)The provisions in Table 5-2 apply to single detached dwellings, semi-detached dwellings, and street townhouse dwellingswith or without additional dwelling unit(s). f)Despite any provision in Table 5-2 and 5-3 a drivewayassociated with a single detached dwelling, semi-detached dwellingor street townhouse dwellingmay not exceed 8.0 metresin width. 1 - 49 Table 5-2: Private Garage Width and Driveway Width Regulations by Use Maximum privategarage Maximum drivewaywidth Maximum driveway Residential Use width with an attached private width without an garageattached private garage Single Detached 65% of the width of the 50% of the lot widthor a 50% of the lot width. Dwellingfront façadeclosest to drivewaymay be as wide as the the streetat gradeattached garage. The drivewaymay extend beyond the width of the attached garageto a maximum total width of 50% of the lot; and shall be located no closer than the required side yard setback of the dwelling. Semi-Detached 60% of the width of the 50% of the lot widthor 5.2 50% of the lot widthor Dwellingfront façadeclosest to metres, whichever is less, and a 5.2 metres, whichever the streetat gradedrivewaymay be as wide as the is less. attached garage. The drivewaymay extend beyond the width of the attached garageto a maximum total width of 50% of the lot; and shall be located no closer than the required side yard setback of the dwellingwhich is not located along the common wall of the same dwelling; 1 - 50 Street Townhouse 60% of the width of the 60% of the lot widthor 5.2 60% of the lot widthor Dwelling front façadeclosest to metres, whichever is less.5.2 metres, whichever the streetat gradeis less. The drivewaymay extend beyond the width of the attached garageto a maximum total width of 60% of the lot; Exterior end unit driveways shall be located no closer than the required side yard setback of the dwelling which is not located along the common wall of the same dwelling. a)For lands identified on Appendix C (Central Neighbourhoods), and within a low- rise residential zonean attached private garageassociated with a single detached dwelling,semi-detached dwelling, orstreet townhouse;with or withoutan additional dwelling unit(s)shall not project beyond the front façadeof the habitable atgradeportion of the dwelling unit. b)For lands not identified on Appendix C (Central Neighbourhoods), an attached private garageassociated with a singledetached dwelling, semi-detached dwelling orstreet townhouse dwelling; with or without an additional dwelling unit(s): i)An attached private garagemay project beyond the front façadeof the habitable portion of the dwelling unita maximum of 1.8 metres. ii)Where a private garageprojects beyond the habitable portion of the front façadeof the dwelling unit, a porchabutting the private garageshall be provided in accordance with Section 4.14.7. iii)Aprivate garageshall not project beyond the front of a porch. c)On a corner lotno driveway, or parking spaceshall be located within the front yard for a distance of 7 metres from the exterior side lot line, and the same shall not be 1 - 51 located within the exterior side yardfor a distance of7 metres from the front lot line, measured from the intersecting point of the front lot lineand the exterior side lot line. Illustration 5-5: Corner lot driveway location d)Within a front yard,interior side yard, exterior side yardor rear yardmotorvehicles shall only be parked within a private garageor on a drivewaythat conforms to Section 5.3. e)The drivewayshall be comprised of a material that is consistent throughout the driveway,and that is distinguishable from all other ground cover or surfacing including landscaping or walkways within the front yard,interior side yard,exterior side yard, or rear yard. Table 5-3: Private Garage Width and Driveway Width Regulations by Use for lands identified on Appendix C. Central Neighbourhoods Residential UseMaximum privateMaximum drivewaywidth with Maximum driveway garage widthan attached garagewidth without an attached garage 1 - 52 Single Detached 50% of the width of 40% of the lotwidthor a driveway40% of the lot width. Dwellingthe front façademay be as wide as the attached closest to the streetat garage grade The drivewaymay extend beyond the width of the attached garage to a maximum total width of 40% of the lot; and shall be located no closer than the required side yard setback of the dwellingwhich is not located along the common wall of the same dwelling. 50% of the width of 40% of the lot widthor 5.2 metres, 40% of the lot widthor Semi-Detached the front façadewhichever is less, and a driveway5.2 metres, whichever is Dwellingclosest to the streetat may be as wide as the attached less. gradegarage. The drivewaymay extend beyond the width of the attached garage to a maximum total width of 40% of the lot; and shall be located no closer than the required side yard setback of the dwelling which is not located along the common wall of the same dwelling; Townhouse Dwelling 60% of the width of 60% of the lot widthor 5.2 metres, 60% of the lot widthor Streetthe front façadewhichever is less, andadriveway5.2 metres, whichever is closest to the streetat may be as wide as the attached less. gradegarage. The drivewaymay extend beyond the width of the attached garage to a maximum total width of 60% 1 - 53 of the lot; Exterior end unit driveways shall be located no closer than the required side yard setback of thedwelling. 27.Section 5.6, Table 5-5ofBy-law Number 2019-051 is amended by deleting the row entitled therefrom and substitutingthe following row therefor: Home OccupationMinimum parking No 1 plus any parking 1 for occupation plus 1 for spaces:minimumspacesrequired for any non-resident the dwelling unit(1)employee plus any parking spacesrequired for the dwelling unit(1) 28.Section 5.6ofBy-law Number 2019-051 is amended by adding the followingsubsection thereto: "Additional Regulations for Home Occupation Table 5-5 (1)0parking spacesare required for a home occupation use that is an officeor indirect saleswith no employees or clients to the premises, orfor a home occupation within asingle detached dwelling with anadditional dwelling unit(s) attachedor additional dwelling unit(detached), semi-detached dwelling with anadditional dwelling unit(s) attached or additional dwelling unit (detached), street townhouse dwellingwith an additional dwelling unit(s) attached or additional dwelling unit (detached), cluster townhouse dwelling, ormultiple dwelling. If the home business does not have a non-resident employee, then the required parking spacesfor the home business and dwelling unit may be arranged in tandem. 1 - 54 29.Section 5.6, Table 5-5of By-law Number 2019-051 is amended by deleting the row entitled therefrom and substituting the following rowtherefor: Single-Detached Dwelling, Semi- Detached Dwelling, Street Townhouse Minimum parking 1per dwelling unit andDwelling; and n/an/a spaces: Additional Dwelling Unit (Attached) and Additional Dwelling Unit (Detached) 30.Section 5.9ofBy-law Number 2019-051 is amended by deletingthe words- therefrom and substituting the words-therefor wherever they appear. 31.Section 5.12ofBy-law Number 2019-051 is amended to read as follows : 5.12EQUIPMENT AND VEHICLE STORAGE PROVISIONS 5.12.1Commercial Vehicles and Equipment Parking or storage of commercial vehicleson lotswithin a RES zoneshall be located fully within an enclosed buildingorstructure. 5.12.2Major Recreational Equipment a)Parking or storage of major recreational equipmentonlotswithin a RES zoneshall be located fully within an enclosed buildingor structure. b)Despite Subsection a), major recreational equipmentmay be parked or stored in arear yard, aninterior side yard,or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18 of this By-law. Major recreational equipmentthat exceeds 1.4 metres in height and is located within an interior side yardshall be located a minimum of 1.2 metres from an interior side lot line. 1 - 55 c)Despite Subsection a), major recreational equipmentmay be parked or stored on adrivewaybetween May 1 and October 31 provided that such equipment is located outside of a driveway visibility triangle. d)Major recreational equipmentshall not be usedfor living, sleeping, or housekeeping purposes when located on a lotwithin any zone. e)Despite clauses b) and c) above, snowmobiles or other similar winter-season recreational equipmentand portable structuresfor transporting such equipment shall not be stored or parked on a drivewaybetween May 1st and October 31st, but may be stored or parked on a drivewaywholly inside the lot linebetween November 1st and April 30th provided that such equipment shall not obstruct the visibility of vehicular or pedestrian traffic movement within a streetor lane. 5.12.3Utility Trailers a)On a lotcontaining a residential use, a utility trailershall not be parked or storedin afront yard, or exterior side yard,except in a driveway. b)Despite Subsection a), a utility trailer that exceeds 6 metres in length inclusive of projections and attachments shall not be permitted on a lot within a RES zone. c)Utility trailersmay be parked or stored in a rear yard, aninterior side yard,or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18 of this By-law. 5.12.4Vehicles with a Snow Plough Blade No more than one motor vehiclewith an attached snow plough blade shall be parked or stored on a lotwithin a RES zone. 32.Section 7 ofBy-law Number 2019-051is amended to read as follows: SECTION 7 Residential Zones (RES) The Residential Zones apply to lands designated Low Rise Residential, Medium Rise Residential and High Rise Residential in the Official Plan. 1 - 56 7.1Applicable Zones RES-1: Low Rise Residential One Zone the purpose of this zoneis to accommodate limited dwelling types in areas with an estate character and/or limited municipal services in low rise areas. RES-2: Low Rise Residential Two Zone the purpose of this zoneis to accommodate a limited range of low density dwelling types on larger lots than the RES-3 Zone in low rise areas. RES-3: Low Rise Residential Three Zone the purpose of this zoneis to accommodate a limited range of low density dwelling types on smaller lotsthan the RES-2 Zone in low rise areas. RES-4: Low Rise Residential Four Zone the purpose of this zoneis to accommodate a range of low density dwelling types that allow up to four dwelling units on a range of lot sizes in low rise areas. RES-5: Low Rise Residential Five Zone the purpose of this zoneis to accommodate the widest range of low density dwelling types on the widest range of lotsizes in low rise areas. RES-6: Medium Rise Residential Six Zone the purpose of this zoneis to accommodate medium density dwelling types and some complementarynon-residential uses in medium rise residential areas. RES-7: High Rise Residential Seven Zone the purpose of this zoneis to accommodate high density dwelling types and a range of complementary non-residential uses in high rise residential areas. Permitted Uses No person shall, within any Residential Zone useor permit the useof any lotor erect, alter oruseany buildingorstructurefor any purpose other than those permitted useswithin Table 7-1 below. 1 - 57 Table 7-1: Permitted Uses within the Residential Zones UseRES-1RES-2RES-3RES-4RES-5RES-6RES-7 Residential Uses Single Detached Dwelling Additional Dwelling Units (Attached))(1) Additional Dwelling Units (Detached) (2) Semi-Detached Dwelling Townhouse Dwelling Street (3)(4) Townhouse Dwelling Cluster (4) Multiple Dwelling (3) Lodging House Hospice Residential Care Facility, Small Residential Care Facility, Large Non-Residential Uses (5) Community Facility (5) Convenience Retail (5) Day Care Facility (5) Financial Establishment (5) Health Office (5) Home Occupation (6) Office (5) Personal Services (5) Studio (5) (1)Shall be permittedin accordance with 4.12.1. and 4.12.2 (2)Shall be permitted in accordance with 4.12.3. 1 - 58 (3)The maximum number of dwelling unitsin a dwellingshall be 4. (4)The maximum number of dwelling unitsin a dwellingshall be 8. (5)Permitted non-residential uses must be located within a mixed use buildingand are limited in size in accordance with the regulations in Table 7-6. (6)Shall be permitted in accordance with 4.8. 1 - 59 7.3 Regulations The regulations for lots in a Residential Zoneare set out in Tables 7-2 through 7-7 below. Table 7-2: For Single Detached Dwellings RES-1RES-2RES-3RES-4RES-5 RES-6RES-7 Regulation(5)(5)(5)(5)(5) 22222 Minimum Lot Area929m(1)411m288m235m235m Minimum Lot Width24.0m(2)13.7m10.5m9.0m9.0m Minimum Corner 24.0m(2)15.0m13.8m12.8m12.8m Lot Width Minimum Front Yard or Exterior 6.0m (3)4.5m(3)4.5m(3)4.5m(3)4.5m(3) Yard Setback Maximum Front (3a)(3a)(3a)(3a)(3a) Yard Setback Minimum Interior 3.0m1.2m1.2m1.2m1.2m Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m7.5m7.5m Setback MaximumLot 55%(4)55%(4)55%(4)55%(4)55%(4) Coverage Maximum Building 11.0m(6)11.0m(6)11.0m(6)11.0m(6)11.0m(6) Height Maximum number 33333 of storeys (1) The minimum lot areashall be 0.4 hectares on lotswithout full municipal services. (2) The minimum lot widthshall be 30.0 metres on lotswithout full municipal services. (3) For lands identified in Appendix D, despite the minimum front yardrequired in any zone, the minimum front yardis the established front yardminus one metre. 1 - 60 In all other cases, the minimum front yard shall be in accordance with this Table. Despitethe foregoing, no part of any buildingused to accommodate off street parking shall be located closer than 6.0metresto the street line. (3a) For lands identified on Appendix D, the maximum front yard shall be the established front yard plus one metre. In all other cases there is no maximum front yard. (4) A combined total of 55 percent for all buildingsandstructureson the lot. Accessorybuildingsor structures, whether attached or detached, and additional dwelling units (detached)shall not exceed 15 percent. (5) The regulations within Table 7-2 shall not apply to existingbuildingsor structures. (6) For lands identified on Appendix C Central Neighborhoods, the maximum building heightis 9.0 metresfor newbuildings and additions to existingbuildingsthat would increase the building heightby more than 1.0 metres, where the heightof the two principal buildings onboth abutting lotsisless than 6.5metres. Where there are vacant lot(s), abutting the affected lot, the heightof the two principal buildingson the next adjacent lotwith a low-rise residential zoneare considered. 1 - 61 Table 7-3: For Semi-Detached Dwelling Unit RES-3RES-4RES-5 RES-1RES-2RES-6RES-7 Regulation(3)(3)(3) 222 Minimum Lot Area260m210m210m Minimum Lot Width9.3 m7.5m7.5m Minimum Corner 12.0m12.0m12.0m Lot Width Minimum Front Yard or Exterior 4.5m (1)4.5m(1)4.5m(1) Yard Setback Maximum Front (1a)(1a)(1a) Yard Setback Minimum Interior 1.2m1.2m1.2m Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m Setback MaximumLot 55%(2)55%(2)55%(2) Coverage Maximum Building 11.0m(4)11.0m(4)11.0m(4) Height Maximum number 333 of storeys (1) For lands identified in Appendix D, despite the minimum front yardrequired in any zone, the minimum front yardis the established front yardminus one metre. In all other cases the minimum front yardshall be in accordance with this table.Despitethe foregoing, no part of any buildingused to accommodate off street parkingshall be located closer than 6.0metresto the street line. (1a) For lands identified on Appendix D, the maximum front yardshall be the established front yard plus one metre. In all other cases there is no maximum front yard. (2) A combined total of 55 percent for all buildingsandstructureson the lot. Accessorybuildingsor structures, whether attached or detached, and additional dwelling units (detached)shall not exceed 15 percent. 1 - 62 (3) The regulations within Table 7-3shall not apply to existingbuildingsor structures. (4) For lands identified onAppendix C Central Neighborhoods, the maximum building heightis 9.0 metresfor new buildings and additions to existing buildingsthat would increase the building height by more than 1.0 metres, where the heightof the two principal buildings onboth abutting lotsis less than 6.5metres. Where there are vacant lot(s), abutting the affected lot, the heightof the two principal buildingson the next adjacent lotwith a low-rise residential zoneare considered. 1 - 63 Table 7-4: For Street Townhouse Dwelling Units RegulationRES-1RES-2RES-3RES-4 (4)RES-5 (4)RES-6RES-7 22 Minimum Lot Area148m135m Minimum Lot Width 6.0m5.5m (Internal Unit) Minimum Lot Width 10.0m9.5m (External Unit) Minimum Corner Lot 12.0m11.5m Width Minimum Front Yard or Exterior Yard 4.5m(1)4.5m(1) Setback Maximum Front (1a)(1a) Yard Setback Minimum Interior 2.5m2.5m Side Yard Setback Minimum Rear Yard 7.5m7.5m Setback Rear Yard Access(2)(2) MaximumLot 55%(3)55%(3) Coverage Maximum Building 11.0m(5)11.0m(5) Height Maximum number of 33 storeys (1) For lands identified onAppendix D, despite the minimum front yardrequired in any zone, the minimum front yardis the established front yardminus one metre. In all other cases the minimum front yardshall be in accordance with this Table. Despite the forgoing, no part of any building usedtoaccommodate off street parking shall be located closer than 6.0 metresto the street line. (1a) For lands identified on Appendix D, the maximum front yardshall be the established front yard plus one metre. In all other cases there is no maximum front yard. 1 - 64 (2) Each dwelling unitshall have an unobstructed access at gradeor ground floor level, having a minimum width of 0.9 metres, from the front yardto the rear yardof the loteither by: a) direct access on the lotwithout passing through any portion of the dwelling unit; or, b) direct access through the dwelling unitwithout passing through a living or family room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not separated by a door to any such room; or, c) access over adjacent lands which, if the lands are not owned by the City of Kitchener or the Regional Municipality of Waterloo, is secured by a registered easement. (3) A combined total of 55 percent for all buildingsandstructureson the lot. Accessorybuildingsor structures, whether attached or detached, and additional dwelling units (detached)shall not exceed 15 percent. (4) The regulations within Table 7-4 shall not apply to existingbuildingsor structures. (5) For lands identified in an Appendix C Central Neighborhoods, the maximum building heightis 9.0 metres for new buildings and additions to existing buildingsthat would increase the building heightby more than 1.0 metres, where the heightof the two principal buildings onboth abutting lotsisless than 6.5 metres. Where there are vacant lot(s), abutting the affected lot, the heightof the two principal buildingson the next adjacent lotwith a low-rise residential zoneare considered. 1 - 65 Table 7-5: For Cluster Townhouse Dwelling Units RegulationRES-1RES-2RES-3RES-4RES-5 (3)RES-6 (3)RES-7 22 Minimum Lot Area525m525m Minimum Lot Width19.0m19.0m Minimum Front Yard or Exterior 4.5m 3.0m Yard Setback Minimum Interior 4.5m4.5m Side Yard Setback Minimum Rear Yard 6.0m4.5m Setback Minimum 20%20% Landscaped Area Minimum Floor 0.6(1) (4) Space Ratio Maximum Floor 0.62.0(1) Space Ratio Minimum Building 7.5m Height Maximum Building 11.0m25.0m Height Maximum Number 38 of Storeys Minimum Number 5 of Dwelling Units Private Patio Area(2)(2) (1) Combined total Floor Space Ratioof all useson the lot. (2) For each dwelling unitlocated at ground floor level, an exclusive use patio area adjacent to the dwelling unitwith direct access to such dwelling unitshall be provided. (3) The regulations within Table 7-5 shall not apply to existing buildingsor structures. 1 - 66 (4) Individual buildingswill not be required to achieve the minimum floor space ratiowhere there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio. 1 - 67 Table 7-6: For Multiple Dwellings and Non-Residential Uses RegulationRES-1RES-2RES-3RES-4 (6)RES-5 (6)RES-6 (6)RES-7 (6) 22 Minimum Lot Area495m495m Minimum Lot Width15.0m19.0m(1)30.0m30.0m Minimum Front Yard or Exterior 4.5m 4.5m 3.0m3.0m Yard Setback Minimum Interior 3.0m3.0m4.5m4.5m (5) Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m7.5m (5) Setback Minimum 20%20%20%20% Landscaped Area Minimum Floor 0.6 (2) (7)2.0 (2) (7) Space Ratio Maximum Floor 0.60.62.0 (2) 4.0 (2) Space Ratio Minimum building 11.0m14.0 m height Maximum Building 11.0m11.0m25.0m(5) Height Maximum number 338 of storeys Minimum number of 55 dwelling units Maximum number 4 of dwelling units Private Patio Area(3)(3)(3)(3) Maximum Gross Floor Areaof 22 600m(4)600m(4) Individual Non- Residential Use 1 - 68 (1) A multiple dwellingup to 4 dwellingunits shall have a minimum lot widthof 15.0metres. (2) Combined total Floor Space Ratioof all uses on the lot. (3) For multiple dwellingswith 4 dwelling unitsor more, each dwelling unitlocated at ground floor level shall have an exclusive use patio area adjacent to the dwelling unitwith direct access to such dwelling unit. (4) The total gross floor areaof all non-residential usesshall not exceed 25% of the total gross floor areaon a lot. (5) The maximum building heightshall be 25 metreswithin 15 metresof a lotwith a (RES-6) Medium Rise Residential Six Zone. (6) The regulations within Table 7-6 shall not apply to existing buildingsor structures. (7) Individual buildings will not be required to achieve the minimum floor space ratiowhere there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio. Table 7-7: Lodging House, Hospice, Small Residential Care Facility and Large Residential Care Facility RegulationRES-1RES-2RES-3RES-4RES-5RES-6RES-7 Regulations(1)(1)(1)(1)(1)(1) (1)Shall be in accordance with the regulations of the RES Zone and dwellingtype in which the lodging house, hospice orsmall residential care facilityis located. A large residential care facility shall be in accordance with the regulations of the RES zone for multiple dwellings. 7.4Outdoor Storage No outdoorstorageshall be permitted in an RES zone. 7.5Other Applicable Regulations and Sections For other applicable regulations and sections see Section 3: Definitions, Section 4: General Regulations and, Section 5: Parking, Loading, and Stacking. 33.Section 8.1 ofBy-law Number 2019-051 is amended by deleting the words zonedfor low therefrom and substituting the words low-rise therefor wherever they appear. 1 - 69 34.Section 8.3, Table 8-2ofBy-law Number 2019-051 is amended by deleting theentirerow stepbackfor mid rise buildingsand tall buildingswhere the base abuts alow-rise residential zonetherefrom. 35.Section 10.3, Table 10-2ofBy-law Number 2019-051 is amended by deleting the entire building heightfor a buildinglocated less than 14 metresfrom a yard abutting a residential zonetherefrom. 36.Section 11.3,Table 11-2 ofBy-law Number 2019-051 is amended by deleting the words nedfor a low density residential usetherefrom and substituting the words with a low- rise residential zone. 37.Section 11.3ofBy-law Number 2019-051 is amended by deletingthe wordsand a minimum stepbackof 3 metres where the base abuts a low-rise residential zone therefrom. 38.Section 19, Specific Provision (73) ofBy-law Number 2019-051 is amended to read as follows: (73)Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 144, 145, 215, 216, 243, 244, 259, 260, 279, 280, 281, 282, 286, 287, 288, 296, and 297 of Appendix A, a golf courseshall also be permitted and nobuilding, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property with a low-rise residential zone. 39.Section 19, Specific Provision (80) of By-law Number 2019-051 is amended to read as follows: (80)Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid Schedule 15, 16, 37, 38, 144, 145, 172, 280, 243, 244, 259, 279, 281, 282, 286, 287 and 288 of Appendix A, the following shall apply: b)The following usesare also permitted: a.Golf course b.Curling Rink or Arena (1) 1 - 70 c.Swimming Facility (1) d.Tennis Facility (1) c)No building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property with a low-rise residential zone. (1) Shall be subordinate to and located on the same premises as a golf course. 40.Section 19, Specific Provision (159)ofBy-law Number 2019-051 is amended to read as follows: (159) -Within the lands zoned RES-3, RES-4 and RES-5 and shown as affected by this provision in Appendix A, an attached private garage or detached private garage shall be located 5.5 metres behind the frontfaçadeof the principal building. 41.Section 19,Specific Provision (160) of By-law Number 2019-051 is amended to readas follows: (160)-Within the lands zoned RES-3, RES-4 and RES-5 and shown as affected by this provision in Appendix A, a new single detached dwellingornew semi-detached dwelling shall includea porch on at least one street line façadeand in accordance with Section 4.14.7. Maps 42.By-law Number 2019-included herein within Attachment 1. 43.By-law Number 2019-included herein within Attachment 2. 1 - 71 PASSED at the Council Chambers in the City of Kitchener this ______day of ___________, 20__ _____________________________ Mayor _____________________________ Clerk 1 - 72 Attachment 1 1 - 73 1 - 74 Attachment 2 1 - 75 1 - 76 APPENDIX F TO REPORT #DSD-233 ZONING BY-LAW 2019 FOR THE CORPORATION OF THE CITY OF KITCHENER October 7, 2019 Draft Working Consolidation Track Changes to Incorporate Residential Base Zones Abridged-Does not include all site specific and holding provisions 1 - 77 TABLE OF CONTENTSPage 1of 5 SECTION 1 General Scope and Administration 1.1Title 1.2Conformity and Compliance with the By-Law 1.3Compliance with Other Legislation 1.4Application 1.5Validity 1.6Effective Date 1.7Repeal of Existing By-laws 1.8Zoning Occupancy Certificate 1.9Technical Revisions to the Zoning By-law 1.10Contents of This By-law SECTION 2 Interpretation, Classification, and Limits of Zones 2.1Interpretation 2.1.1Word Usage 2.1.2Defined Terms 2.1.3References to Acts 2.1.4Use of Tables 2.2Zones, Zoning Grid Schedules, and Appendices 2.2.1Reference to Zone Categories 2.2.2Zoning Grid Schedules 2.2.3Grand River Conservation Authority Regulated Area 2.3Limits of Zones SECTION 3 Definitions SECTION 4 General Regulations 4.1Accessory Buildings and Structures 4.2Accessory Uses 4.3Bonusing 4.4Condominums 4.4.1Standard Condominiums 4.4.2Vacant Land Condominiums 4.4.3Common Element Condominiums 4.5Corner Visibility Triangles, Corner Visibility Areas and Driveway Visibility Triangles 4.6Frontage on a Street 4.7Home Occupation 4.7.1Regulations for Home Occupations 4.7.2Permitted Home Occupation Uses 4.8Non-Compliance as a Result of Land Acquisition 4.9Group Homes 4.10Correctional Group Homes 4.11Location of Lodging Houses 4.12Number of Dwellings per Lot 4.12.1One Additional Dwelling Unit (Attached)Second Dwelling Units (Attached) 4.12.2Two Additional Dwelling Units (Attached)Second Dwelling Units (Detached) 4.12.3Additional Dwelling Units (Detached) City of Kitchener Zoning By-law 2019 1 - 78 TABLE OF CONTENTSPage 2of 5 4.13Permitted Projections above Height Restrictions 4.14Permitted Projections into Required Yards 4.14.1Architectural Features 4.14.2Balconies 4.14.3Canopies 4.14.4Decks 4.14.5Heating, Ventilation, and Air Conditioning Equipment 4.14.6Pools and Hot Tubs 4.14.7Porches 4.14.8Restaurant Patios, Decks, and Outdoor Recreation 4.14.9Satellite Dishes and Antennas 4.14.10Steps and Access Ramps 4.15Permitted Uses 4.15.1Automotive Detailing and Repair Operation, and Heavy Repair Operation 4.15.2Construction Uses 4.15.3Drive-Through Facilities 4.15.4Food Cart 4.15.5Gas Station 4.15.6Model Home 4.15.7Public Uses and Utilities 4.15.8Shipping Container 4.15.9Towing Compounds 4.15.10Temporary Sales Centre 4.16Setbacks from railways 4.17Two or more zones on a lot 4.18Visual Barrier 4.19Transition to Low-Rise Residential SECTION 5 Parking, Loading, and Stacking 5.1Applicability 5.2Parking Provisions 5.3Parking Space and Parking Lot Provisions 5.3.1Parking Space Dimensions 5.3.2Location of Parking Spaces for Non-Residential Uses and Mixed Use Buildings 5.3.3Location of Parking Spaces for Residential Uses 5.3.4Location of Parking Spaces on the Ground Floor of a Building 5.4Driveway and Garage Provisions for Residential Uses 5.5Bicycle Parking Stall Provisions 5.6Minimum and Maximum Parking Space Provisions 5.7Parking Requirements for mixed-use buildings & Developments 5.8Electric Vehicle Parking Space Provisions 5.9Barrier-Free Accessible Parking Space Provisions 5.10Loading Space Provisions 5.11Stacking Provisions 5.12Equipment and Vehicle Storage Provisions 5.12.1Commercial Vehicles and Equipment 5.12.2Major Recreational Equipment 5.12.3Utility Trailers 5.12.4Vehicles with a Snow Plough Blade City of Kitchener Zoning By-law 2019 1 - 79 TABLE OF CONTENTSPage 3of 5 SECTION 6 Urban Growth Centre (UGC) Zones 6.1\[Reserved\] SECTION 7 Residential (RES) Zones 7.1Applicable Zones\[Reserved\] 7.2Permitted Uses 7.3Regulations 7.4Outdoor Storage 7.5Other Applicable Regulations and Sections City of Kitchener Zoning By-law 2019 1 - 80 TABLE OF CONTENTSPage 4of 5 SECTION 8 Mixed Use (MIX) Zones 8.1Applicable Zones 8.2Permitted Uses 8.3Regulations 8.4Visual Barrier 8.5Outdoor Storage 8.6Location of Parking Spaces and Loading Spaces SECTION 9 Commercial (COM) Zones 9.1Applicable Zones 9.2Permitted Uses 9.3Regulations 9.4Visual Barrier 9.5Outdoor Storage SECTION 10 Employment (EMP) Zones 10.1Applicable Zones 10.2Permitted Uses 10.3Regulations 10.4Visual Barrier 10.5Outdoor Storage 10.6Location of Parking Spaces and Loading Spaces SECTION 11 Institutional (INS) Zones 11.1Applicable Zones 11.2Permitted Uses 11.3Regulations 11.4Visual Barrier 11.5Outdoor Storage SECTION 12 Agriculture (AGR) Zones 12.1Applicable Zones 12.2Permitted Uses 12.3Regulations SECTION 13 Natural Heritage Conservation (NHC) Zones 13.1Applicable Zones 13.2Permitted Uses SECTION 14 Existing Use Floodplain (EUF) Zones 14.1Applicable Zones 14.2Permitted Uses 14.3Regulations 14.4Underground Parking Facilities SECTION 15 Open Space and Recreation (OSR) Zones 15.1Applicable Zones 15.2Permitted Uses 15.3Regulations City of Kitchener Zoning By-law 2019 1 - 81 TABLE OF CONTENTSPage 5of 5 SECTION 16 Major Infrastructure and Utility (MIU) Zones 16.1Applicable Zones 16.2Permitted Uses 16.3Regulations 16.4Visual Barrier 16.5Outdoor Storage SECTION 17 Overlays 17.1Applicable Overlays 17.2Regulations 17.2.1Flooding Hazard 17.2.2Slope Erosion Hazard 17.2.3Significant Wildlife Habitat and Significant Landforms 17.2.4Ecological Restoration Areas SECTION 18 Transition Provisions 18.1General Transition Matters 18.2Complete Application Transition Matters 18.3Transition Sunset Clause SECTION 19 Site Specific Provisions 19.1Site Specific Provisions SECTION 20 Holding Provisions 20.1Holding Provisions SECTION 21 Temporary Use Provisions 21.1Temporary Use Provisions APPENDIX AZoning Grid Schedules APPENDIX BGrand River Conservation Authority Regulated Area City of Kitchener Zoning By-law 2019 1 - 82 SECTION 1Page 1of 2 1.1TITLE This By-law shall be k-he City. 1.2CONFORMITY AND COMPLIANCE WITH THE BY-LAW No personshall erect, alter, enlarge,or useany land, building,orstructurewithin the city in whole or in part,except as expressly permitted in this By-law.For greater certainty, all usesof land shall be considered to be prohibited usesunless specifically permitted herein. 1.3COMPLIANCE WITH OTHER LEGISLATION Nothing in this By-lawshall be construed to exempt any personfrom complying with the requirements of any other by-lawof the Cityor any other government statute and/or regulation that may otherwise affect the useof land, buildings, or structures. 1.4APPLICATION The provisions of this By-lawshall apply to all lands in the cityshown on Appendix A. For greater certainty, land shown on Appendix A with diagonal hatching and labelled with By- law Number 85-1, By-law Number 4830, or By-law Number 878A is included for convenience of reference only and does not form part of this By-law. 1.5VALIDITY If any portionof this By-lawis for any reason held to be invalid, it is hereby declared to be the intention that all the remaining provisions of said By-lawshall remain in full force and effect until repealed, despitethat one or more provisions thereof shall have been declared tohavebeeninvalid. 1.6EFFECTIVE DATE a)This By-lawshall come into effect on the date of passage. b)The provisions of this By-law enabled by Official Plan Amendment 103 and Official Plan Amendment6 (2019), shall come into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. 1.7REPEAL OF EXISTING BY-LAWS All the provisions in By-law Number 85-1, By-law Number 4830, and By-law Number 878A, insofar as they affect the lands shown on Appendix A, are repealed. City of Kitchener Zoning By-law 2019 1 - 83 SECTION 1Page 2of 2 1.8ZONING OCCUPANCY CERTIFICATE a)No change may be made in the type of useof any premisescovered by this By- law without the issuance of a Zoning OccupancyCertificate. A Zoning Occupancy Certificateshall be required for each useon alotor within a building containing multiple uses. b)Despite Subsection a), no Zoning OccupancyCertificate shall be required for a single detached dwelling, semi-detached dwelling, street townhouse dwelling, additionaldwelling unit(s) (attached),additional dwelling unit (detached)second dwelling unit(attached),second dwelling unit(detached),orprivate home day care. c)Nothing in this By-law applies to prevent the issuance of a Zoning Occupancy Certificate for a permitted usewithin lands, building, or structures established in accordance with the Transition Provisions of Section 18. 1.9TECHNICAL REVISIONS TO THE ZONING BY-LAW Technical revisions may be made to this By-law without the need for a Zoning By-law Amendment. Technical revisions means the correction of numbering, cross-referencing, grammar, punctuation or typographical errors, mapping errors,or revisions to format in a manner that does not change the intent of this By-law. 1.10CONTENTS OF THIS BY-LAW a)Figures form part of this By-law. Tables form part of this By-law and specify permitted usesand/or regulations. b)Appendices A, C and D form part of this By-law. Appendix B is included for convenience of reference only and does not form part of this By-law. a)Appendix A forms part of this By-law. Appendix B is included for convenience of reference only and does not form part of this By-law. b)c)Reference aids such as tables of contents, marginal notes, headers, footers, headings, and illustrations are included for convenience of reference only and do not form part of this By-law. For greater certainty, illustrations are to be used as examples to show the application of a regulation, and shall not be construed to have general application beyond their context. City of Kitchener Zoning By-law 2019 1 - 84 SECTION 2Page 1of 5 2.1INTERPRETATION 2.1.1Word Usage a)Words used in the present tense include the future; words in the singular include the plural; words in the plural include the singular. b)The word "shall" is to be construed as being always mandatory and requires full strued as being permissive. c)By-l particularsection of this By-law. d)Where a section or provision of this By- to leave space for possible future amendments to this By-law. For greater does not form part of this By-law. 2.1.2Defined Terms Italicized terms herein are defined in Section 3. Defined terms are intended to capture both the singular and plural forms of these terms. For non-italicized terms, the grammatical and ordinary meaning of the word applies. Terms may be italicized only in specific regulations; for these terms, the defined meaning applies where they are italicized and the grammatical and ordinary meaning applies where they are not italicized. Where a defined term in Section 3 is listed in a different order than it appears elsewhere in this By-law, it is done for the ease and convenience of locating and identifying the term with other like terms. 2.1.3References to Acts Where any legislationor portion thereof is referenced herein, it is intended that such references should be interpreted to include any subsequent legislation and related regulations that may amendor replace the specific statute. 2.1.4Use of Tables The uses permitted in a zoneare noted in a permitted use . Within a permitted usetable, a blank cell means the useis not permitted in that zone. Within a regulations table, a blank cell means no regulation applies. A number in brackets in a table indicates that one or more additional regulations apply. shall mean gross floor area, 2 square metres. City of Kitchener Zoning By-law 2019 1 - 85 SECTION 2Page 2of 5 2.2ZONES, ZONING GRID SCHEDULES, AND APPENDICES 2.2.1Reference to Zone Categories Sections 6 through 16comprise different zonecategories that include one or more zones. A reference made to a zonecategory includes all zones within that zonecategory. Azone orzonecategory may be referred to by the following symbols: City of Kitchener Zoning By-law 2019 1 - 86 SECTION 2Page 3of 5 Urban Growth Centre (UGC)Zones Symbol ReservedReserved Residential (RES) Zones Symbol ReservedReserved Low Rise Residential One ZoneRES-1 Low Rise Residential Two ZoneRES-2 Low Rise Residential Three ZoneRES-3 Low Rise Residential Four ZoneRES-4 Low Rise Residential Five ZoneRES-5 Medium Rise Residential Six ZoneRES-6 High Rise Residential Seven ZoneRES-7 Mixed Use (MIX)Zones Symbol Mixed Use OneMIX-1 Mixed Use TwoMIX-2 Mixed Use ThreeMIX-3 Commercial(COM) Zones Symbol Local CommercialCOM-1 General CommercialCOM-2 ArterialCommercialCOM-3 Commercial CampusCOM-4 Employment(EMP) Zones Symbol Neighbourhood Industrial EmploymentEMP-1 General Industrial EmploymentEMP-2 Heavy Industrial Employment EMP-3 Service Business Park Employment EMP-4 General Business Park EmploymentEMP-5 Institutional (INS)Zones Symbol Neighbourhood InstitutionalINS-1 Major InstitutionalINS-2 Agriculture (AGR)ZonesSymbol Prime Agriculture AGR-1 Natural Heritage Conservation (NHC)ZonesSymbol Natural Heritage ConservationNHC-1 Existing Use Floodplain (EUF)ZonesSymbol Existing Use Floodplain EUF-1 City of Kitchener Zoning By-law 2019 1 - 87 SECTION 2Page 4of 5 Open Space and Recreation (OSR)Zones Symbol Recreation OSR-1 Open Space: Greenways OSR-2 Open Space: Stormwater ManagementOSR-3 MajorInfrastructure and Utility (MIU)ZonesSymbol Major Infrastructure and UtilityMIU-1 2.2.2Zoning Grid Schedules a)The location, extent, and boundaries of all zonesare shown on Appendix A. b)The location, extent, and boundaries of overlays are shown on Appendix A with a hatching over top of the underlying zones. c)The location, extent, and boundaries of site specific provisions are shown on Appendix A where a zonesymbol is followed by a number in parentheses. d)The location, extent, and boundaries of holding provisions are shown on Appendix A where a zonesymbol is followed by a e)The location, extent, and boundaries of temporary use provisions are shown on Appendix A where a zonesymbol is foll parentheses. 2.2.3Grand River Conservation Authority Regulated Area The Grand River Conservation Authority Regulated Areais delineated on Appendix B and illustrates areas that may be regulated in accordance with the Conservation Authorities Act. The actual regulated area may differ from the area shown on Appendix B. 2.3LIMITS OF ZONES When determining the boundary of any zoneas shown on Appendix A, the following shall apply: a)aboundary indicated as following a street,lane, railway right-of-way, utility corridor, or watercourse shall be the centre-line of the applicable feature and the applicable feature shall be included within the zoneof the adjoining lot(s)on the sides thereof; b)aboundary indicated as following lot lineson the date of passage of this By-law or the municipal boundaries of the cityshall follow such lot linesor boundary;and, City of Kitchener Zoning By-law 2019 1 - 88 SECTION 2Page 5of 5 c)where a boundary is left uncertainafter reference to Subsections i)andii), the boundary shall be determined either figures contained in site specific provisions or holding provisions or scaled from Appendix A. City of Kitchener Zoning By-law 2019 1 - 89 SECTION 3Page 1of 25 A Access Aislemeans the space abutting parking spacesor bicycle parking stallsfor pedestrian access to vehicles. Accessorymeans a useor buildingthat is commonly incidental, subordinate,and exclusively devoted to the principaluse(s)or primarybuilding(s) situated on the same lot. Adult Sex Film Theatre means the useofabuildingfor the making or showing of films classified as adult sex filmby the Ontario Film Review Board. Agriculturemeans the useof a premisesfor the growing of cropsincluding nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish;aquaculture; apiaries; agro-forestry; maple syrup production; vertical farming; and associated on-farm buildingsandstructures, including livestock facilities, manure storages, andvalue-retaining facilities.Agriculturecan include equestrian establishment. Agriculture-Relatedmeans the useof a premises for commercial and industrial purposes that are directly related to and support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. Agriculture-related caninclude storage or processing of food grown in the area, and farm input supplies such as feed, seeds,and fertilizer. Amusement Parkmeans the use of a premiseswhere rides, slides, play facilities,and games of chance or skill are provided for public amusement, and can include a water park, go-kart track, paintball facility, andminiature golf facility. Angled Parking Spacesee Parking Space, Angled Animal Sheltermeans the use of a premiseswhere lost, abandoned, or rescued animals are boarded for the purposes of care, claiming, or adoption. Architectural Features means decorative features of a building such as window sills, chimney breasts, belt courses, cornices, parapets, and/oreaves. means the use of a premises for the making, study,or instruction of a performing or visual art;or the workplace of an artisan such as a painter, sculptor, photographer, dressmaker,or tailor.shall not include an adult sex film theatre. Additional Dwelling Unit(Attached) see Dwelling Unit (Attached), Additional Additional Dwelling Unit (Detached)see Dwelling Unit (Detached), Additional City of Kitchener Zoning By-law 2019 1 - 90 SECTION 3Page 2of 25 Atticmeans the uninhabitable portion of a buildingorstructurethat is immediately below the roof and wholly or partially within the roof framing,having an interior height of 1.8 metres or less. A habitable or finished attic, or an uninhabitable or unfinished attic with an interior height greater than 1.8 metres,is considered to be a storey. Automotive Detailing and Repair Operationsee Repair Operation, Automotive Detailing and B Back-to-Back Townhouse Dwellingsee Dwelling, Back-to-Back Townhouse Base means the ground floorand immediate floors above the ground floorof a buildingthat form the bottomsection or podium of a mid-rise buildingortall building. Bed and Breakfastmeans a home occupationthat provides overnight accommodation of the traveling public,or temporary living accommodations,and shall not include a hotel,lodging house, orgroup home. Below Grademeans any portion of a buildingwhere the finished grademeets the exterior wall at an elevation not more than 0.5 metres below the elevation of the underside of an interior ceiling and the maximum slope taken from the closest lot lineis not more than 18 degrees (3:1 slope). In the case where a retaining wall has been installed to meet these criteria, that portion of the buildingshall in no way be considered to be belowgrade. Bicycle Locker means an individual bicycle storage unit that is weather protected, enclosed, andhasa controlled access system. Bicycle Parking Stallmeans a Class A bicycle parking stalland a Class B bicycleparking stall. Bicycle Parking Stall, Class Ameans abicycle lockeroran enclosed, secure area with controlled access in which a bicycle may beparkedand secured for the long termin a stable position with at least onepoint of contact with the frame of the bicycle. Bicycle Parking Stall, Class Bmeans an area in which a bicycle may be parked and secured for the short termin a stable position with two points of contact with the frame of the bicycle. Biotechnological Establishmentmeans the useof a premises forthe research, development, application, and production of bio-organisms, which may or may not be usedin amanufacturing process, butshall not includethe slaughtering, eviscerating, rendering, or cleaning of meat, poultry, fish, or by-products thereof;animal husbandry;or the raising of animals. Bonus Valuemeans additional floor space ratio orbuilding floor areathat may be provided on alotin exchange for facilities, services,or mattersthat benefit the community. floor space ratio or building floor areabeyond what is permitted by the maximum base floor space ratio in a zone. Brewpubmeans the useof a buildingfor the small-scale production of beer, wine, cider, and/or spirits in conjunction with a restaurant. City of Kitchener Zoning By-law 2019 1 - 91 SECTION 3Page 3of 25 Buildingmeans a structureoccupying an area equal to or greater than 10 square metres and consisting of any combination of walls, roof, and floor, but shall not include a shipping container. Building, Low-Risemeans a building between 1 and 3 storeys. Building, Mid-Risemeans a building between 4 and 8 storeys. Building, Tall means a building of 9 or more storeys. Building Floor Areameans the aggregate horizontal floor area measured from the exterior walls of all storeys of a buildingexcluding any floor arealocated below grade.The midpoint of a common wall shall be considered the face of the exterior in the case of common walls located on alot line. Building Heightmeans the vertical distance between the highest finished gradelevel at the perimeter of the buildingand the uppermost point of the building. For all usesexcept asingle detacheddwellingwith or without a second dwelling unit (attached), at no point shall the vertical distance between the lowest finished gradeand the uppermost point of the buildingexceed 110% of the maximum building heightin the applicable zone. BuildingHeightmeans the vertical distance between the highest elevation of the finished ground immediately surrounding the perimeter of the buildingand the uppermost point of the building. For all usesexcept a single detached dwellingwith or without additional dwelling unit(s) (attached), at no point shall the vertical distance between the lowest elevation of the finished ground immediately surrounding the perimeter of the buildingand the uppermost point of the buildingexceed 110% of the maximum building heightin the applicable zone. Building Material and Decorating SupplyEstablishmentmeans the useof apremisesfor third party wholesaledistribution of lumber and/or building supplies including roofing, masonry, plumbing, heating, electrical, paint, and similar items.Building material and decorating supply establishmentshallnot include a home improvement store. Bulk Fuel and Oil Storage Establishmentmeans the use of apremisesfor the bulk storage orthird party wholesale distribution of gasoline, oil, petroleum products,or other flammable liquids, but shall not include a gas station. C Campgroundmeans the use of apremises for the temporary accommodationof the travelling publicinmajor recreational equipment,or tents for recreational use. City of Kitchener Zoning By-law 2019 1 - 92 SECTION 3Page 4of 25 Canine and Feline Grooming Establishmentmeans a home occupationfor the grooming of dogs and/or cats, including bathing, cutting of hair, trimming of nails, and other services generally associated with the act of grooming, but shall not include pet boarding,pet services establishment, or veterinary services. Car Washmeans the useof apremisesfor the cleaning of motor vehicles,but shall not include the cleaning of commercial vehicles.An automatic car wash shall be considered a drive-through facility, and caninclude stacking lanes. Catering Service Establishmentmeans the useof a premisesfor the preparation of food or beverages on-site, strictly for the consumption of these products off-site. Cemeterymeans the use of a premises for the interment of human remains and includes a mausoleum, columbarium, or other structureintended for the interment of human remains. A cemeteryshall not include a crematorium. Citymeans the Corporation of the City of Kitchener. citymeans the geographic area comprising Kitchener. Class A Bicycle Parking Stallsee Bicycle Parking Stall, Class A Class B Bicycle Parking Stallsee Bicycle Parking Stall, Class B Cluster Townhouse Dwelling see Dwelling, Cluster Townhouse Commercial Driver and Training Establishmentmeans the useof apremiseswhere teaching or instruction of the operation of commercial vehiclesand/orheavy equipment is offered. Commercial Entertainment means the use of abuilding for the entertainment of the public and caninclude a cinema;performing arts venue;amusement arcade;billiard room;bowling alley; bingo hall;electronic,laser, or virtual realitygame;hall; sport simulators;miniature golffacility; paintball facility; go-kart track;climbing facility; and play facilityas well as accessory retailthereto. Commercial entertainment shall not include an adult sex film theatre or amusement park. Commercial Parking Facilitymeansthe use of apremisesfor the temporaryparking of motor vehiclesin parking spaces and/or tandem parking spaces. A commercial parking facilityshall not include the storageofmotor vehiclesor any required parking spacesassociated with ause. Commercial Schoolsee School, Commercial Commercial Vehiclesee Vehicle, Commercial Commercial Vehicle Wash Facilitymeans the useof apremisesfor the cleaning of commercialvehicles. Commercial Water Takingmeans a useof alotwhere water is extracted from surface or ground water,and where some or all of such extracted water is transported from the site for sale. City of Kitchener Zoning By-law 2019 1 - 93 SECTION 3Page 5of 25 Community Facilitymeans the use of a premises for a multi-purpose facility that offers a combination of recreational, cultural, community service and information or instructional programs, and can include a community centre, community space, arena, library, and/or swimming facility. Computer, Electronic,Data Processing,orServerEstablishmentmeans the use of a buildingfor software development and testing, or for the collection, analysis, processing, storage, or distribution of electronic data. Conference, Convention,or Exhibition Facilitymeans the use of apremises as the place of assembly or venue for intermittent events such asconferences, conventions, exhibitions, seminars, banquets,or product and trade fairs. Continuing Care Communitymeans the use of a premisesthat is planned, developed, managed, and operated as a continuum of accommodations and care, and is comprised of a large residential care facilityand may contain an independent living facility. Convenience Retailsee Retail, Convenience Corner Lotsee Lot, Corner Corner Visibility Area -means the area formed within a corner lot by two triangles, where the intersecting street lines form the legs of each triangle and the triangles extend from the street line point of intersection. Corner Visibility Trianglemeans a triangular area formed within a corner lotby the intersecting street lines or the projections thereof,and a straight line connecting them from their point of intersection. Correctional Group Home see Group Home, Correctional Craftsperson Shopmeansthe use of a premises for the creation, finishing, refinishing,or similar production of custom or hand-made commodities. Crematoriummeans the use of a buildingfor the purpose of cremating human remains that is approved under the Funeral, Burial and Cremation Services Act. Cultural Facilitymeans the use of apremisesfor the creation, production,and viewing of arts and culture,andcaninclude a museum,art gallery, performing arts venue, auditorium, exhibition facility,and managed historical sites,but shall not include an adult sex film theatre. Cultural Heritage Resources means buildings, structuresand properties designated under the Ontario Heritage Actor listed on the Municipal Heritage Register; protected by a heritage easement or covenant;propertiesidentifiedon the Heritage Kitchener Inventory of Historic Buildings;built heritage resources;and cultural heritage landscapes as defined in the Provincial Policy Statement. D City of Kitchener Zoning By-law 2019 1 - 94 SECTION 3Page 6of 25 Day Care Facilitymeans the useofapremiseslicensed under Provinciallegislation to operate a facility for the purpose of providing temporary care for children for a continuous period of time not exceeding twenty-four hours. Day Care, Private Home means a home occupation that accommodates: a)five children or less where unlicensed under Provinciallegislation; or, b)sixchildren or less where licensed under Provinciallegislation, at any one time for the purpose of providing temporary care for a continuous period of time not exceeding twenty-four hours. Discarded Motor Vehiclesee Vehicle, Discarded Motor Drive Aislemeans an internal vehicle route immediately adjacent to parking spacesand/or loading spaces,which provides direct vehicular access to and from parking spacesand/or loading spaces,butshall not include a driveway. Drive-Through Facilitymeans the useof a premises including stacking lanesandan order stationwith or without voice communication,where productsor servicesareprovided through a service window or an automated machine to patronsremaining in their motor vehicle. Drivewaymeans a vehicle routethat provides access from a streetor laneto a drive aisle, parking space, orparking lot. Driveway Visibility Trianglemeans a triangular areaformed within a lotby the intersection of anedge of adrivewayand a lot line, or the projections thereof, and a straight line connecting themfrom their point of intersection. Dwellingmeans a buildingcontaining one or more dwelling unitsand can include a single detached dwelling,semi-detached dwelling,street townhouse dwelling,second dwelling unit (attached),second dwelling unit(detached),clustertownhouse dwelling,multiple dwelling,small residential care facility,or large residential care facility. Dwellingmeans a buildingcontaining one or more dwelling unitsand can include a single detached dwelling,semi-detached dwelling,street townhouse dwelling,additional dwelling unit (attached),additional dwelling unit (detached),cluster townhouse dwelling,multiple dwelling, small residential care facility,or large residential care facility. Dwelling, Back-to-Back Townhousemeans the useof a buildingdivided vertically into three or more dwelling unitsby common walls, including a common rear wall, which prevents internal access between dwelling units. City of Kitchener Zoning By-law 2019 1 - 95 SECTION 3Page 7of 25 Dwelling, Cluster Townhousemeans the useof a buildingdivided vertically into three or more dwelling unitsby common walls which prevent internal accessbetweendwelling unitsandextends from the base ofthe foundation to the roof line. A cluster townhouse dwellingisnot a street townhouse dwellingormultiple dwelling. Dwelling, Multiplemeans the use of a buildingcontaining three or more dwelling units, and can include a stacked townhouse dwellingandback-to-back townhouse dwelling. A multiple dwellingis not a street townhouse dwelling,mixed use building,cluster townhouse dwelling,single detached dwellingwith additional dwelling units (attached) or semi-detached dwellingwith additional dwelling units (attached). Dwelling, Multiplemeans the use of a buildingcontainingthree or more dwelling units, and can include a stacked townhouse dwelling and back-to-back townhouse dwelling.Amultiple dwellingisnot a street townhouse dwelling,mixed use building,or cluster townhouse dwelling. Dwelling, Semi-Detachedmeans the useof a buildingdivided vertically into two semi-detached dwelling units (as the principaluse of the building) by a common wall which prevents internal access between dwelling unitsand extends from the base of the foundation to the roofline. Each semi-detacheddwelling unitshall be designed to be located on a separate lot. Dwelling, Single Detached means the useof a buildingcontaining one dwelling unitas the principaluseof the building. Dwelling, Street Townhousemeans the useof a buildingdivided vertically into three or more dwelling units (as the principaluse of the building) by common walls which prevent internal access between dwelling unitsand extends from the base of the foundation to the roofline. Each street townhousedwelling unitshall be designed to be on a separate lot.Street townhouse dwelling shall not include a cluster townhouse dwellingormultiple dwelling. Dwelling Unitmeans the useof a buildingthat contains a room or suite of habitable rooms which: a)is located in a dwellingormixed use building; b)is occupied or designed to be occupied by a household as a single, independent and separate housekeeping establishment; c)contains both a kitchen and bathroomused or designed to be usedfor the exclusive common use of the occupants thereof; and, d)has a private entrance leading directly to theoutsideofthe buildingor toa common hallway or stairway inside the building. DwellingUnit, Farm-Relatedmeans the use of a dwellingunit that is accessoryto agriculture. City of Kitchener Zoning By-law 2019 1 - 96 SECTION 3Page 8of 25 Dwelling Unit(Attached), Second means the useof a single detached dwelling, semi- detached dwellingunit, or street townhouse dwelling unit where a separate self-contained dwelling unitis located within the principal building. Dwelling Unit(Detached), Second means the useof a buildingwhere a separate self- contained dwelling unitlocated in a detached building on the same lot as an associated single detached dwelling, semi-detached dwelling unit,or street townhouse dwelling unit.Asecond dwelling unit(detached)is not an accessory building. Dwelling Unit (Attached), Additional means the useof a single detached dwelling, semi- detached dwelling unit, or street townhouse dwelling unit where a separate self-contained dwelling unitis located within the principal building. Dwelling Unit (Detached), Additional means the useof a buildingwherea separate self- contained dwelling unitlocated in a detached building on the same lotas an associated single detached dwelling, semi-detached dwelling unit,or street townhouse dwelling unit.An additional dwelling unit (detached)is not an accessory building. E Electrical Transformer Stationmeans the useof apremises to manage the transmission and distribution of electrical power that is provided to the public. Electric Vehicle Supply Equipmentmeans electric vehicle supply equipment as defined in the Ontario Building Code. Elementary School seeSchool, Elementary Equestrian Establishment means the useof apremiseswhere horses are boarded, groomed, and/or available for riding and training. Established Front Yard -means a)In the case of a lot that is not a corner lot: the average of the front yardsof the abutting lotswith a low rise residential zone and where there is a vacant lotabutting the affected lot, the average of the front yardsof the next adjacent lot with a low rise residential zone; and b)in the case of a corner lot: City of Kitchener Zoning By-law 2019 1 - 97 SECTION 3Page 9of 25 the front yardof the abutting lot with a low rise residential zone, in which the principal pedestrian entrance is oriented towards the same street, andwhere there is a vacant lotabutting the affected lot, the front yardof the next adjacent lot with alow rise residential zone. Existingmeans a currently existing thing that was: a)lawfully existing immediately prior to the date of passage of this By-law; or, b)established in accordance with the Transition Provisions of Section 18. Exterior Side Lot Linesee Lot Line, Exterior Side Exterior Side Yardsee Yard, Exterior Side F Façademeans an exteriorbuildingwall or series ofexteriorbuildingwallsexcluding architectural features. Façade, Street Linemeans the façadeoriented toward the street line. Façade Openingmeans any windowor entranceon a façade which provides clear visibilityor accessfrom the outside to goods, exhibits,or the interior spaces of abuilding.Façade openings may include materials such as mullions but shall exclude materials such as spandrel. Farm-Related Dwelling Unit see Dwelling Unit, Farm-Related Fineblankingmeans a metal manufacturingprocess employing a high precision blanking or stamping technique, the finished product of which has smooth or unfractured edges and requires no further machining, and,without limiting the generality of the foregoing, no further grinding, shaving, reaming,or milling. Financial Establishment meansthe useofabuildingwhich providesfinancial services in which money is deposited, kept, lent,or exchanged, and caninclude a bank, trust company, credit union, or other similar banking service, but shall not include a payday loan establishment. Fitness Centre means the useof apremisesin which facilities and activities are provided for physical exercise. Floor Space Ratiomeans the figure obtained when the building floor areaon a lotis divided by the lot area. In the case of a buildingor part thereof located above a streetorlane,the calculation of the floor space ratioshall include that portion of the building floor areaand that portion of the area of the streetorlanebetween the lot lineand the centre line of the streetor lane. City of Kitchener Zoning By-law 2019 1 - 98 SECTION 3Page 10of 25 Food Cartmeans a vehicle from which food or drink is offered for sale. Food Storemeansthe useofapremisesdevoted primarily to the retailof food and food products and caninclude ancillary non-food products such as toiletries, personal care products, and hardware. Freestanding Retail Outletsee Retail Outlet, Freestanding Front Lot Linesee Lot Line, Front Front Yardsee Yard, Front Funeral Homemeansthe useof abuildingfor the preparation of human remains for interment or cremation, for the viewing of the body, and for funeral services. A funeral homeshall not include acrematorium. G Garage, Privatemeans an accessory building,a portion of a dwelling, or a carportwhich is designed andusedfor the parking of one or more motorvehicles. GarageWidth, Privatemeans the horizontal distance of a private garagealong the street line façade, measured between the exterior walls, or in the case of an attached private garagethat does not project beyond the façadeof a dwelling unit,measured from the exterior wall abutting a side yardto the midpoint of the opposite interior wall. Garden Centre, Nursery, and/or Landscaping Supplymeansthe useofapremisesfor the retailand display ofonlyplants, trees and shrubs, and gardening and landscapingsupplies and equipment. Gas Stationmeans the use of apremisesfor theretailof automotive fuel and other auto-related products,but shall not include automotive detailing and repair operation. Golf Coursemeans the use of apremises for playing golf and caninclude an indoor or outdoor driving range, a putting green,and similar uses,but does not include aminiature golf facility. Grademeans the elevation of the finished ground or land immediately surrounding such building orstructure,and is determined by averaging 6 grade elevations equally spaced apart along the exterior walls of the building. Gross Floor Areameans the aggregate horizontal area measured from the exterior faces of the exterior walls of all storeysof a building(excluding any portion of a storey devoted exclusively to parking) within all buildingson a lot. Ground Floormeans the storeywith its floor closest to gradeand having its ceiling more than 1.8m above grade. City of Kitchener Zoning By-law 2019 1 - 99 SECTION 3Page 11of 25 Group Homemeans a residential care facilitylicensed or funded under Federal or Provincial statute for the accommodation of 3 to 10 persons, exclusive of staff, that provides a group living arrangement for their well-being. A group homeshall not include a correctional group home. Group Home, Correctionalmeans a residential care facilitylicensed or funded under Federal orProvincialstatute for the accommodation of 3 to 10 persons, exclusive of staff, that provides housing and rehabilitation for personson probation, parole, early or re-release, or any other form of executive, judicial or administrative release from a penal institution. A correctional group home shall not include a group home. H Health Clinicmeans the use of apremisesby health professional(s)for the purpose of consultation, diagnosis, and/or treatment of persons.Ahealth clinic caninclude medical laboratories, dispensaries, or other similar facilities,but shall not include accommodation for in- patient care,or facilities for major surgicalpractice. Health Officemeans ahome occupation that is usedby health professional(s)for the purpose of consultation, diagnosis,and/or treatment of persons. Health Professionalmeans apersonwho practices any of the health disciplines regulated under a Provincial Act. Heavy Repair Operationsee Repair Operation, Heavy Home Improvement Store means the useof apremisesforthe retailing ofhousewares and a wide range of materials, merchandise,and equipment for construction,home improvement, and home gardening. Home Occupation means the use of a building for a business that is secondary to theprincipal useof thebuilding as adwelling. Hospice means the useof abuildingwhere terminally ill patients receive palliative care treatment in a home-like setting with a maximum of 10patients at any given time. Hospitalmeans the use of apremisesfor the medical care, observation, supervision,and skilled nursing care of personsafflicted with or suffering from sickness, disease, or injury;or for the convalesce of chronically ill persons,that is approved under the Public Hospitals Actor under the Private Hospitals Act. Hotel means the use of a building for overnight accommodation of the travelling public and includes a motel or motor hotel but does not includealodging house,small residential care facility, large residential care facility,or bed and breakfast. Hydro Corridorautility corridorused for the transmission and distribution of electricity. I City of Kitchener Zoning By-law 2019 1 - 100 SECTION 3Page 12of 25 Industrial Administrative Officemeans the use of a building for the management or administration of an employment use. Independent Living Facilitymeans a multiple dwellingthat is part ofacontinuing care community, and where personal support services may be provided. Indirect Salesmeans a home occupationwhich conducts the sale of goods via mail order, telephone, fax, or internet, but shall not include direct sales or the storage of inventory on site. Indoor Recycling Operation see Recycling Operation, Indoor Institutional Usesee Use, Institutional InteriorSideLot Linesee Lot Line, InteriorSide Interior Side Yardsee Yard, Interior Side J K L Landscaped Area means any portion of alotwhich has no building, that is accessible from a buildingorstreeton which the lotis located, and is usedfor the purpose of landscapingand/or anoutdoor swimming poolarea. Landscaping means the landscaped areaoccupiedby natural vegetation, surface walkways, rooftop gardens, patios, decks, playgrounds, pathways,and other similar materials, but shall not include areas for the parking of or access to motor vehicles. Light Rail Transitmeans rail system where electrically powered light rail vehicles operate on a track in a segregated, right of way. Lanemeans a public highway or road allowance having a width of less than 12.19 metres. Large Merchandise Retailsee Retail, Large Merchandise Light Repair Operationsee Repair Operation, Light Loading Space means a designated area located on a lotthat is usedor intended to be used for the temporary parking of any commercial vehiclewhile loading or unloading goods, merchandise, or materials usedin connection with the main useof the lot,and which has unobstructed access to a streetor lane. City of Kitchener Zoning By-law 2019 1 - 101 SECTION 3Page 13of 25 Lodging House means a dwelling unitwhere fiveor more persons,not including a resident owner of the property,may rent a lodging unitand where the kitchen and other areas of the dwelling unit are shared amongst the personsoccupying the dwelling unit.Lodging house can include student residences and convents butshall not include a group home;hospital;any small residential care facilityor large residential care facilitylicensed, approved, or supervised under any general or specific Act;or a hotel. Lodging Unit means a room or set of rooms located in a lodging houseor other dwelling designed or intended to be usedfor sleeping and living accommodationwhich: a)is designed for the exclusive useof the resident or residents of the unit; b)is not normally accessible to personsother than the residents or residents of the unit; and, c)does not have both a bathroom and kitchen for the exclusive useof the resident or residents of the unit. Lot means a parcel of land that can be legally conveyed pursuant to Planning Act. Lot, Cornermeans a lotat the intersection of and abutting two streets, or parts of the same street, the adjacent sides of which street or streets(or in the case of a curved corner, the tangents of which) contain an angle of not more than 135 degrees. Corner lotsshall also include a through corner lot. Lot, Throughmeans a lotbounded by streets on two opposite sides. Lot, Through Cornermeans a lotwith lot linesabutting three or more separatestreets,or alot that is a cornerlot and a through lot. Lot Areameans the total horizontal area of a lot. Lot Coveragemeans that percentage of the lot areacovered by all buildings. Lot Linemeans aline formed by the boundary of alot. Lot Line, Exterior Side means the lot lineabutting a streetthat is not the front lot lineor the rear lot line. Lot Line, Frontmeans the lot lineabutting a streetwith the following exceptions: a)in the case of a corner lot, the shorter lot lineabutting 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 Citymay deem any of the lot linesabutting a streetas the front lot line; b)in the case of a through lot,the Citymay deem one of the lot linesabutting a streetto be the front lot lineand the other lot lineabutting a streetto be the rear lot line; or, City of Kitchener Zoning By-law 2019 1 - 102 SECTION 3Page 14of 25 c)in the case of a through corner lot, the City may deem any of the lot linesabutting a street as the front lot line. Lot Line, Interior Sidemeans a lot lineother than the front lot line,rear lot line,or exterior side lot line. Lot Line, Rearmeans the lot linefarthest from and opposite to the front lot line, or in the case of a triangular lot, shall be that point formed by the intersection of the side lot lines. Lot Line, Sidemeans an exterior sidelot lineand an interior side lot line. Lot Widthmeans the horizontal distance between the side lot linesof a lotmeasured at the requiredminimumfront yardsetback. Lot Widthmeans the horizontal distance between the side lot linesof a lotmeasured at the required minimum front yard setback.For multiple dwellingsor cluster townhouse dwellingswith more thanonestreet line on the same street, thelot width at each street line may be summed to determine the totallot width. Low Density Residential Usesee Use, Low Density Residential Low-Rise Buildingsee Building, Low-Rise Low-Rise Residential Zonesee Zone, Low-Rise Residential M Major Equipment Supply and Servicemeans theuse of a premisesfor theservice,repair, and saleof farm, construction,and large business machines; and commercial vehicles. Major Recreational Equipmentmeans either a portable structuredesigned and built to be carriedor pulledby a motor vehicle, or a unit designed and built to be transported on its own wheels, for purposes of providing temporary living accommodation or recreational enjoyment for travel and caninclude motor homes, travel trailers, tent trailers, boats, boat trailers, personal watercraft, or other similar equipment. Major Recreational Equipmentmeans either a portable structure designed and built to be carried or pulled by a motor vehicle, or a unit designed and built to be transported on its own wheels, for purposes of providing temporary living accommodation or recreational enjoyment for travel and can include motor homes, travel trailers, tent trailers, boats, boat trailers, personal watercraft, all-terrain vehicle or other similar equipment. City of Kitchener Zoning By-law 2019 1 - 103 SECTION 3Page 15of 25 Manufacturingmeans the use of apremisesfor the production, compounding, processing, packaging,crating, bottling, packing, finishing, treating, ornamenting, altering, fabricating,or assembly of raw, semi-processed, orfully-processed goods or materials. Manufacturing can also include the use of a premises for research, investigation, testing,or experimentation including laboratories;pilot plants;and prototype production facilities.Manufacturingshall not include commercial water taking. Mid-Rise Buildingsee Building, Mid-Rise Mixed Use Buildingmeans a buildingwith at least onedwelling unitand a non-residential use. Mixed Use Developmentmeans a lot with two or more buildingswhere at least one building contains a dwelling unitand at least one buildingcontains a non-residential use. Model Homemeans anuninhabited single detached dwelling,semi-detached dwelling,or street townhouse dwelling unitfor the purpose of display and sale of the dwelling units. Motor Vehiclesee Vehicle, Motor Multiple Dwellingsee Dwelling, Multiple Multi-Unit Buildingmeans a buildingcontaining two or more non-residential useswithin two or more separated spaces for lease or occupancy. A multi-unit buildingshall be managed and operated as one unit with shared on-site parking. A multi-unit buildingshall not include a mixed use building. Multi-Unit Developmentmeans two or more buildingscontaining one or more non-residential use(s)which are planned, developed, managed and operated as one unit with shared on-site parking. A multi-unit developmentshall not include a mixed use development. Multi-Unit Parking Rate means an aggregated parking space and bicycle parking stall requirement for uses within a multi-unit building and/or multi-unit development,or for non- residential uses within a mixed-use buildingand/or mixed-use development. N Natural Heritage Conservationmeans the useof land, water, and/or structuresfor the protection,management, and conservationof the natural heritage system. Natural heritage conservationmay include the preservation, maintenance, sustainable utilization, restoration, and/orenhancement of the natural environment, and may include forest, fish, and wildlife management. New means a thing which is not existing. Nightclubmeansthe use ofabuildingwitha dance floor and pre-recorded or live music for entertainment,andcaninclude arestaurant. Noxious Usesee Use, Noxious City of Kitchener Zoning By-law 2019 1 - 104 SECTION 3Page 16of 25 O Office means the use of abuilding in which clerical, administrative, consulting, advisory, or training services are performed, but shall not include a health clinic,commercial school,or industrial administrative office. On-Farm Diversifiedmeansthe useof a premises that includes home occupation, agri-tourism uses,usesthat produce value-added agricultural products, and retailof goods produced or manufactured primarily on the premises.On-farm diversified caninclude the processing or packaging of agriculturalproducts, food store,pet boarding,pet services establishment, restaurant,andveterinary services. Outdoor Active Recreation see Recreation, Outdoor Active Outdoor Passive Recreation see Recreation, Outdoor Passive Outdoor Recycling Operation see Recycling Operation, Outdoor Outdoor Storagemeans the placement of goods, equipment, or materialson a lotnot within a building. P Parallel Parking Space see Parking Space, Parallel Parcels of Tied Landmeans any parcel of land legally bound and tied to a common element condominium. Parking Lot means an area located on a lotwhich contains four or moreparking spaces. Parking Space means an area on which a motor vehiclemay be parked in accordance with this By-law and which has access directly or by way of a drive aisleor driveway, to a streetor lane. Parking Space, Angledmeans the orientation ofaparking spacein such a manner that the side of amotorvehicle,when parked,is at an angle other than parallel to the drive aisle, driveway, lane,or streetwhich gives direct access to such parking space. Parking Space, Barrier-Free Accessible means a parking spaceprovided for the useof personswith disabilitiespursuant to the Accessibility for Ontarians with Disabilities Act. Parking Space,Electric Vehicle means a parking spacewith electric vehicle supply equipment. Parking Space, Parallelmeans the orientation of a parking spacein such a manner that the side of amotorvehicle,when parked,is parallel to the drive aisle,driveway,lane,or street which gives direct access to such parking space. City of Kitchener Zoning By-law 2019 1 - 105 SECTION 3Page 17of 25 Parking Space, Tandemmeans the arrangement of two parking spacessuch that it is necessary to traverse one parking spaceto gain access to the other from a lane,drive aisle, driveway,or street. Parking Space, Tandemmeans a parking spacewhere the arrangement of two or more parking spacesis such that it is necessary to traverse one or more parking spacesto gain access to the tandem parking spacefrom a lane,drive aisle,driveway, or street. Parking Space,Visitor means a parking spacefor the exclusive useof visitors to a premises. Pawn Establishmentmeansthe use ofabuildingwhere a loan may be obtained on personal property held on-site as collateral, which may be reclaimed upon receipt of payment for the loan or sold to thegeneral public and which is regulated under the Pawn Brokers Act. Payday Loan Establishmentmeans the use of abuildingin which personal loans are provided to consumers andwhich is regulated under the Payday Loans Act, and shall not include a financial establishment. Pet Boardingmeans the use of apremises for theovernight accommodation of domestic animals. Pet boardingcan include pet services establishmentbut shall not include veterinary servicesor animal shelter. Pet Services Establishmentmeans the use of a buildingfor the grooming, training, care and supervision of domestic animals during the day. Pet services establishment shall not include pet boarding,veterinary services,or animal shelter. Personmeans any human being, association, firm partnership, incorporated company, corporation, agent,or trustee;and heirs, executors or other legal representatives of a personto whom the context can apply according to law. Personal Servicesmeans the use of a building in which services involving the health, beauty, or grooming of a person;or the maintenance or cleaning of apparel,but shallnot include a pharmacy. Place of Worshipmeans the useof apremisesby any religious organization for faith based spiritual purposes, and faith based teaching. Place of worshipcan include dwelling unit(s)as an accessory use. Poolmeans a structure that is designed and capable of holding a minimum depthof 0.91 metres or more of water, permanently or temporarily located outdoors either above or below the ground, or partly thereabove or therebelow, that is, or is designed to be, used or maintained for the purpose of swimming, wading, diving or bathing. Post-Secondary School seeSchool, Post-Secondary City of Kitchener Zoning By-law 2019 1 - 106 SECTION 3Page 18of 25 Premisesmeans the whole or part of lots,buildings,or structures, or any combination of these. Principalmeans, when usedto describe a use, the primary usecarried out on the lotor within abuildingor structure, and, when usedto describe a buildingor structure, means the buildingor structurein which the primary useisconducted, or intended to be conducted. Printing or Publishing Establishmentmeansthe use ofapremisesin which books, newspapers, periodicals, flyers,or other printed materials are produced. Print Shopmeans the use of abuilding for photocopying, blueprinting, or binding. PrivateGaragesee Garage, Private PrivateGarage Widthsee Garage Width, Private Private Home Day Caresee Day Care, Private Home Propane Facilitymeans the use of a premisesfor the handling of propane and shall include a filling plant, cardlock/keylock, private outlet, vehicle conversion centre, or propane retail outlet. Propane Retail Outletmeans the use of a premiseswhere propane is sold in refillable cylinders, and/oris put into the fuel tanks of motor vehicles,or into portable containers with a capacity exceeding 0.5 kg but not greater than 20 kg. Provincemeans the Province of Ontario or one or more of its ministries or other agencies that exercise delegated authority on behalf of one or more ministries. Public Use see Use, Public Public Works Yardmeans the use of apremises operated by or on behalf of the Federal or Provincial governments, the Region,the Grand River Conservation Authority, or the City, for the storage and maintenance of materials and equipment related to public infrastructure. Q R Rear Lot Linesee Lot Line, Rear Rear Yardsee Yard, Rear Recreation, Outdoor Active means the useof land, water, buildingsand/or structuresfor outdoor leisure and athletic activities and caninclude sport fields,tracks,parks and playgrounds, climbing facilities, outdoorracquet facilities and outdoor swimming facilities but shallnot include golf courses, stadiums, amusement parks,or campgrounds. Recreation, Outdoor Passive means the useof land and/or water for non-intensive leisure activities such as trails, boardwalks,and footbridges, but shallnot include campgrounds,active outdoor recreation,or golf courses. City of Kitchener Zoning By-law 2019 1 - 107 SECTION 3Page 19of 25 Recycling Operation,Indoormeans the useof a buildingfor the processing of non-hazardous, non-toxic, or un-contaminated waste into re-usable materials. Recycling Operation,Outdoormeansthe use of apremisesfor the processing of non- hazardous, non-toxic, or un-contaminated waste into re-usable materials. Regionmeans the Corporation of the Regional Municipality of Waterloo. Repair Operation, Lightmeans the use of a building for the servicing or repairing of household articles and appliances,but shall not include heavy repair operation,major equipment supply and service,or automotive detailing and repair operation. Repair Operation, Heavymeansthe use of a premises forthe servicing or repairing of mechanical equipment includingfurnace or oil burners;water and air coolers;domestic water heaters; fixtures and equipment and any other like articles;heavy and light construction equipment;industrial and agricultural equipment; andlawn care equipment.Heavy repair operation shall not include a light repair operation,major equipment supply and service,or automotive detailing and repair operation. Repair Operation, Automotive Detailing andmeans the use of a premises for the servicing, repair, or detailing of motor vehicles,but shall not include the retail of motor vehicles. Research and Development Establishmentmeans the use of apremisesfor research, investigation, testing,or experimentation including laboratories;pilot plants;prototype production facilities;software developmentand/orengineering services; and scientific, technological, or communications establishments. Residential Usesee Use, Residential Residential Care Facility, Largemeans the use of a building that is occupied by 9 or more persons, exclusive of staff, who are provided personal support services on a temporary or permanent basis in a supervised group setting and can include one or more amenity areas such as common dining, lounge, kitchen, and recreational area. A large residential care facilitycan include a correctional group home,group home, and retirement home. Residential Care Facility, Smallmeans the use of a building that is occupied by 3 to 8persons, exclusive of staff, who are provided personal support services on a temporary or permanent basis in a supervised group setting and can include one or more amenity areas such as common dining, lounge, kitchen, and recreational area. A small residential care facilitycan include a correctional group home,group home, and retirement home. Residential Zonesee Zone, Residential Restoration, Janitorial,or Security Servicesmeans the use of a premises where maintenance, restoration, cleaning, security,or similar servicesare housed and/or where such servicesareprimarily conducted and/or provided off-site. City of Kitchener Zoning By-law 2019 1 - 108 SECTION 3Page 20of 25 Restaurant means the use of apremiseswhere food and/or drink is prepared and sold for immediate consumption on or off-site. Retailmeans the useof a premises where goods and/or materials are displayed, rented, or sold. Retail caninclude a pharmacy, food store,home improvement store,and convenience retail, but does not include large merchandise retail;building material and decorating supply establishment;garden centre, nursery, and/or landscaping supply;orretail of motor vehiclesand major recreation equipment. Retail, Convenience means the use of apremises where a variety of grocery,household items andother convenience goods are sold . Retail, Large Merchandise means the use of apremises where primarilylargeor bulky goods are displayed, rented, or sold.Large merchandise retailcan include building material and decorating supply establishment;garden centre, nursery,and/or landscaping supply;home improvement store; and major equipment supply and service,but does not include convenience retail, retail,or retail of motor vehiclesand major recreation equipment. Retail of Motor Vehicles and Major RecreationalEquipment means theuse of apremises wheremotor vehiclesand major recreation equipment,and parts and accessoriesthereto, are displayed, stored, sold, rented, and/or leased and caninclude an associated automotive detailing andrepair operation,and associated repair of major recreational equipment. Retail Outlet, Freestandingmeans a buildingcontaining one retailstore. S Salvage or Scrap Yard means the use ofapremisesfor the handling, storage, baling, packing, disassembly, buying,or sale of scrap material such as discarded motor vehicles, machinery, or building materials. School, Adult Educationmeans the use of a premises for a publicly funded institution for academic instruction which offers courses such as language, literacy and basic skills programming, credit courses for adults, continuing education programs, general interest courses, or Canadian citizenship preparation programs, but does not does include post-secondary school or commercial school. School, Commercialmeans the use of apremiseswhere teaching or instruction is offered for academics, arts, crafts, motor vehicledriving, language, modelling, hairdressing, gymnastics, beauty, culture, dancing, music, golf, yoga, martial arts, photography, business or trade, or other similar subjects,but shall not include anadult education school,elementary school,secondary school orpost-secondary school. School, Elementary means the use of apremises for aprovinciallyapproved institution for academic instruction typically offered fromkindergarten to grade eight including a public, private, or separate school,but does not include a commercial school. City of Kitchener Zoning By-law 2019 1 - 109 SECTION 3Page 21of 25 School, Post-Secondary means the use of apremisesfor educational purposes by a degree, diploma, or certificate granting college or university under Provinciallegislation,but does not include a Commercial School. School, Secondary means the use of premises for aprovinciallyapproved institution for academic instruction typically offered fromgrade nine to grade twelve including a public, private, or separate school,but does not include a commercial school. Second Dwelling Unit(Attached) see Dwelling Unit(Attached), Second Second DwellingUnit (Detached)see Dwelling Unit (Detached), Second Semi-Detached Dwellingsee Dwelling, Semi-Detached Setbackmeans the minimum regulated distance measured at right anglesbetween a lot line and the nearest part of any above gradebuildingorstructure. Shipping Containermeans a vessel commonly or specifically designed for transportation of freight goods or commodities and shall include cargo containers and truck trailers. Shower and Change Facilitymeans a portion of a buildingcontaining shower rooms and change rooms or locker rooms, or other similar facilities. Side Lot Linesee Lot Line, Side SideYard see Yard, Side Single Detached Dwellingsee Dwelling, Single Detached Snow Disposal Sitemeans only those lands on which snow is placed after being brought to the lotfrom another lot,street,or lane, and shall not include areas to which snow is moved to one portion of a lotafter being cleared from the rest of the lot. Social Service Establishment means the useof a premises by a non-profit organization or a registered charity to provide goods or services on-site for the betterment of the community. A social service establishmentshall not include facilities for overnight accommodation. Stacking Lanemeans a continuous on-site queuing lane that includes stacking spacesfor motor vehicles which is separated from other vehicular traffic and pedestrian circulation by barriers, markings, or signs. Stacking Spacemeans a rectangular space that may be provided in succession and is designed to be usedfor the temporary queuing of a motor vehiclein a stacking lane. Stepbackmeans the horizontal distance the portion of the building above the baseis recessed from the façade of the base. Stepback, Street linemeans the horizontal distance the portion of the building above the base is recessed from the street linefaçade of the base. City of Kitchener Zoning By-law 2019 1 - 110 SECTION 3Page 22of 25 Stormwater Management Facilitymeans the use of a premiseswhere structurescontrol and manage the quantity and quality of stormwaterrunoff. Storeymeans the portion of a buildingorstructurethat is situated between the top of any floor and the top of the floor next above it;orif there is no floor above it, that portion between the top of the floor and the ceiling above it. A habitable orfinished attic, or an uninhabitable or unfinished atticwith an interior height greater than 1.8 metres, is a storey. Street means a public highway greater than 12.19 metresin width,as defined under the Highway Traffic Actor the Municipal Act,whichprovides access to an abutting lot;and which is dedicated, assumed, and/or maintained by and under the jurisdiction of the City,Regionor Province. For the purposes of this By-law, a streetdoes not include a laneor any private street. Street Line means thelot lineabutting a street. Street LineFaçadesee Façade, Street Line Street LineStepbacksee Stepback, Street Line Street Townhouse Dwellingsee Dwelling, Street Townhouse Structure means anything constructed or erected, the useof which requires location on or in the ground,or attached to something having location on or in the ground,but excluding an underground servicing facility. T Tall Building see Building, Tall Tandem Parking Space see Parking Space, Tandem Temporary Sales Centre means a buildingorstructurethat is usedfor the temporary sale of dwelling unitsin a proposed development. Through Corner Lot see Lot, Through Corner Through Lotsee Lot, Through Towing Compound means the use of a lot for the temporary storage of motor vehiclesand can include the temporary storage of discarded motor vehicles. Tradesperson or Contractor's Establishmentmeans the useof apremiseswheremanual or mechanical skills are housedto design, build, install, maintain, or repair goods, equipment, or real propertyand where such services are conducted on or off-site. Transportation Depot means the use of apremisesfor the dispatching of commercial vehicles andmotor vehiclestransporting goods or passengers,and the parking and servicing of such commercial vehiclesand motor vehicleswhen not in service. City of Kitchener Zoning By-law 2019 1 - 111 SECTION 3Page 23of 25 Transportation Facilitymeansthe useofapremisesfor the maintenance and storage of commercial vehiclesfor public transportation,and related equipment,and caninclude a transportation depot. Truck Transport Terminal meansthe useofapremisesfor the storage of commercialvehicles for the purpose of dispatching as common carriers,or where goods and materials are temporarily stored in bulk quantities at a transfer point for further shipment,and shall include the rental or leasing of trucks, and a courier distribution facility. U Use means: a)as a noun, the purpose for which any premisesis arranged, designed, or intended to be used, occupied,or maintained. b)as a verb, anything done or permitted by the owner or occupant, of any land, building,or structuredirectly or indirectly or by or through any trustee, tenant, servant,or agent of such owner or occupant, for the purpose of making useof the said land, building,or structure. Use, Institutionalfor the purposes of Section 18.2, means useswhere there is a threat to the safe evacuation of vulnerable populations such as older persons,personswith 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, Low Density Residential meansalotzoned to permit any of the following:single detached dwelling,semi-detached dwelling,street townhouse dwelling, second dwelling unit (attached),second dwelling unit (detached),cluster townhouse dwelling,multiple dwelling that is alow-rise building,small residential care facility,large residential care facility,and/orlodging house. Use, Noxiousmeans the use of apremiseswhich from its nature,or from the manner of carrying on same, causes or is liable to cause a condition which may become hazardous or injurious with regard to the health or safety of any person, including but not limited to the escape of any destructive gas or fumes, dust, objectionable odourornoise, or a contaminant (as defined by the Environmental Protection Act). A noxioususeshall include,but not be limited to beverage distillation; phosphate and/or sulphurproducts; primary production of chemicals, synthetic rubber, plastic, asphalt, cement,and/or concrete; processing or refining of petroleum and/or coal; slaughtering, eviscerating, rendering,and/or cleaning of meat, poultry fish,and/or by-products thereof; smelting, refining, rolling, forging,and/or extruding of ore,and/or metal; stamping, blanking (excluding fineblanking),and/or punch-pressing of metal; tanning and/or chemical processing of pelts and/or leather; vulcanizing of rubberand/or rubber products; soil remediation facility; warehousingof hazardous, toxic and/or contaminated materials; andatruck transport terminalcontaining hazardous, toxic,and/or contaminated materials. City of Kitchener Zoning By-law 2019 1 - 112 SECTION 3Page 24of 25 Use, Public means the use of any land, building,or structure by or on behalf of the Federal or Provincialgovernments, the Region, the Grand River Conservation Authority, or the City. Use, Residential means a premiseswith at least one dwelling unit. Utilitiesmeans an essential commodity or service such as water, sewer, electricity, gas, oil, television, or communications/telecommunications that is provided to the public by a regulated company or government agency. Utility-trailer-A small non-motorized vehicle which is generally pulled by a motorized vehicle and features a rearcargoarea (bed) and is used for the hauling of light loads. Utility Corridor means linear strips of land that secure access between two points for the purpose of transmitting and distributing utilitiesand includes a hydro corridor. V Vehicle, Commercial means any motor vehiclehaving permanently or temporarily attached thereto a truck box,or any other form of delivery body, and shall include tow trucks; tilt/n/load trucks;busesexceeding 7 metres in length and/or4,000 kilograms in gross vehicle weight; tractor trailersor semi-trailers and any component thereof;or other like or similar vehicle, but shall not includemajor recreational equipment,orindustrial equipment. Vehicle, Discarded Motor means a motor vehiclewhich is unlicensed,is in disrepair, and/or has missing parts including tires, damaged or missing glass, or deteriorated or removed metal adjunctions,which make its normal useimpossible. Vehicle, Electricmeans a motor vehiclethat is powered partially or exclusively on electrical energy from the grid, or an off-board source, that is stored on-board via a battery for motive purposes. An electric vehicleshall include a battery electric vehicleor plug-in hybrid electric vehicle. Vehicle, Motormeans any equipment selfpropelled by an engine or motor mounted on the vehicle, but shall not include major recreational equipment. Veterinary Servicesmeansthe use of apremisesforconsultation, diagnosis,and treatment of animals,and related boardingandgrooming. W Warehousemeans the use of abuildingfor the storage and/ordistribution of goods and can include self-storage warehouses, andfacilities for wholesaling of goodsotherwise stored or manufactured within the building, but shall not include a truck transport terminal. City of Kitchener Zoning By-law 2019 1 - 113 SECTION 3Page 25of 25 Waste Management Facilitymeans the use of apremises for the collection, sorting,and processing of waste material for long term disposal on-site or for transfer to another site and shall include a landfill, recycling facility, incinerator, composting facility, waste transfer station,or other similar uses,but shall not include a salvage or scrap yard. Water and Wastewater Treatment Facilitymeans the use of apremises for the collection, treatment, storage,and distribution of water or wastewater. X Y Yard means any open area of a lotabutting a building. Yard, Front means a yardthat extends across the full width of a lotbetween the front lot line and the nearest point of the principal building. Yard, Rearmeans a yardthat extends across the full width of a lotbetween the rear lot line and the nearest point of the principal building. Yard, Interior Sidemeans a yardthat extends from the front yardto the rear yardbetween the interior side lot line and the nearest point of the principal building. Yard, Exterior Sidemeans a yardabutting a street that extends from the front yardto the rear yardfrom the exterior side lot lineto the nearest point of the principal building. Yard, Sidemeans an exterior sideyardand an interior side yard. Z Zonemeans a designated area of land shown on the Zoning Grid Schedules contained in Appendix A of this By-law. Zone, Low-Rise Residentialmeans a RES-1 through RES-5zone,or any R-1 through R-6 residential zonein Zoning By-law 85-1. Zone, Residentialmeans a RES zoneherein,or any residential zonein Zoning By-law 85-1. City of Kitchener Zoning By-law 2019 1 - 114 1 - 115 1 - 116 1 - 117 1 - 118 1 - 119 1 - 120 1 - 121 1 - 122 1 - 123 1 - 124 1 - 125 1 - 126 1 - 127 1 - 128 1 - 129 1 - 130 1 - 131 1 - 132 1 - 133 SECTION 5Page 1of 32 Applicability a)The provisions of Section 5 herein shall only apply at such time asthere is: i)Achange in use; and/or, ii)An increase in gross floor areaon the lot; and/or, iii)Achange in the amount, size and/or location ofparking spaces. b)Despite Subsection a) i), the provisions of Section 5 herein shall not apply to existing parking spaces,existing loading spaces,existing stacking spacesor existing stacking laneson a lot where there is a change of usewithin anexisting buildingorexisting structureand: i)There is no increase in gross floor areaon the lot; and, ii)The Class B bicycle parkingprovisions are complied with; and, iii)The number of existing parking spacesandstacking spacesthat remain on the lotis equal to or greater than the minimum parking spacesand minimum stacking spacesrequired for the newuse in accordance with Table 5-35and Table 5-7. Parking Provisions a)Parking spacesandbicycle parking stallsshall be provided and maintained for each uselocated on a lotand shall be located on the same lotas the use(s) requiring the parking spacesandbicycle parking stalls. Land used forahydro corridoron the same lotas the use(s)requiring the parking spacesandbicycle parking stallsmay be used forrequired parking spacesandbicycle parking stalls. b)Despite Subsection a), parking spaces,other than barrier-free accessible parking spaces, electric vehicle parking spaces, orvisitor parking spacesmay be located on another lotwithin 400 metres of thelotcontaining the userequiring the parking spaces. These parking spacesshall not be located on a lotwithin a residential zone, or OSR, NHC, or EUF zoneunless it is within the same zoneas the use requiring the parking spaces. c)Where required parking spaces are provided in accordance with Subsection b), required parking spacesmay be located on land used forahydrocorridorprovided that it is an OSR zone. City of Kitchener Zoning By-law 2019 1 - 134 SECTION 5Page 2of 32 d)Where required parking spacesare provided in accordance with Subsection b), the owner of both lotsshall enter into an agreement with the Cityto be registered against the title of both lotsto guarantee that the land required for parking spaces shall continue to be usedonly for such purpose until parking spacesare provided on the same lotas the userequiring the parking spaces. e)Despite Subsection d), where required parking spacesare provided in accordance with Subsectionb) and are located within a hydro corridor, the agreement shall be registered on the title of only the lotcontaining the usefor which the parking spaces are required. f)Aparking spaceshall not be used to store or display motor vehiclesor major recreational equipmentfor sale or rental. Parking Spaceand Parking Lot Provisions a)Where a parking lotis situated on a lotand abuts aresidential zone, a visual barrier shall be provided and maintained between the parking lotand such abutting residential lot linein accordance with Section 4.18 herein. b)Allparking lotsshall be provided with adequate means of ingress and egress to andfrom a streetorlanein a forward motion, and shall be arranged so as not to interfere with the normal public useof a streetor lane. c)Parking spaces,drive aisles,driveways, and parking lotsshall be provided and maintained with stable surfaces such asasphalt, concrete, or other hard-surfaced material as approved by the Director of Planning or designate. d)All required visitor parking spacesshall be clearly identified, demarcated,and reserved at all times. 5.1.1Parking SpaceDimensions Parking spacesshall be provided in accordance with Table 5-1. Table 5-1: Regulations for Parking Space Dimensions Type of Parking SpaceMinimum Dimensions Angled parking space2.6 m in width and 5.5 m in length (1) Parallel parking space(interior space)2.4 m in width and 6.7 m in length (2)(3) Parallel parking space(end space)2.4 m in width and 5.5 m in length (2)(3)(4) Parking spacewithin a private garage3 m in width and 5.5 m in length(5) Additional Regulations for Parking Space Dimensions Table 5-1 (1)Where 10 or more parking spacesare required, a maximum of 10 percent of the total angled parking spacesmay be reduced to a minimum of 2.4 metres in width and a City of Kitchener Zoning By-law 2019 1 - 135 SECTION 5Page 3of 32 minimum of 4.8 metres in length and where reduced, shall be clearly identified, demarcated, and reserved for compact motor vehicles. (2)Where 10 or more parking spacesare required, a maximum of 10 percent of the total parallel parking spacesmay be reduced by a maximum of 0.7 metres in length and where reduced, shall be clearly identified, demarcated, and reserved for compact motor vehicles. (3)Aparallel parking spaceadjacent to a wall or obstruction shall have an access aisle. Theaccess aisle shallbelocated between the parking spaceand the wall or obstruction, shall be a minimum of 1.5 metres in width, and shall extend the full length of the parking space. (4)Shall be located a minimumof 1.5 metres from any street,lane,drive aisle, curb, or obstruction. (5)Where 2or more required parking spaces are located within a private garage, the minimum width of the first space is 3 metres and 2.6 metres for every additional parking space. 5.1.2Locationof Parking Spacesfor Non-Residential Uses and Mixed Use Buildings a)Parking spaces, loading spaces, display areas for motor vehiclesor major recreational equipmentfor sale or rental, or drive aislesshall not be located within 3 metres of a streetline. b)Despite Subsectiona), in any MIX zone,parking spaces,loading spaces, or drive aisles shall not be located within 4.5 metres of a streetline. c)Despite Subsectiona), in any UGC zone,parking spaces,loading spaces,ordrive aislesmay be located 1.0 metre from a streetlineprovided that a landscaped wall is constructedto partially screen parking from view. Such landscaped wallshall 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 vehiclesor major recreational equipmentfor sale or rental, or drive aisles that are located withinabuildingare subject to setbackregulations in the applicable zone. City of Kitchener Zoning By-law 2019 1 - 136 SECTION 5Page 4of 32 5.1.3Location of Parking Spacesfor Residential Uses a)On a lotcontaining a single detached dwelling,semi-detached dwelling, additional dwelling unit(s) (attached),additional dwelling unit (detached), small residential care facility,lodging househaving less than 9 residents, orhome occupation: i)Parking spaces shall be located a minimum distance of 6 metres from a street line; ii)Despite Subsection i), where two or more parking spaces are required, one parking space may locate on the drivewaywithin 6 metres of the front lot lineorexterior side lot line and may be a tandem parking space; and, Illustration 5-1: One Tandem Parking Space Option A Illustration 5-2: One Tandem Parking Space Option B City of Kitchener Zoning By-law 2019 1 - 137 SECTION 5Page 5of 32 iii) Despite Subsection ii) where three parking spacesare required on a lotthat contains an additional dwelling unit (attached)and an additional dwelling unit (detached), one parking space may locate on the drivewaywithin 6 metres of the front lot lineor exterior side lot line and two parking spaces may be tandem parking spaces;and b)iv) Not more than one parkingspace for a home occupation may be located in arear yard, except in the case ofacorner lot, a through lot, or a lotabutting a lane. a)On a lotcontaining a single detached dwelling,semi-detached dwelling,second dwelling unit(attached),second dwelling unit(detached),small residential care facility,lodging househaving less than 9 residents, or home occupation: i)Parking spaces shall be located a minimum distance of 6 metres from a street line; ii)Despite Subsectioni), where two or more parking spaces are required, one parking space may locate on the drivewaywithin 6 metres of thefront lot line orexterior side lot lineand may be a tandem parking space; and, 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 lotabutting a lane. b)c)On a lotcontaining a street townhouse dwelling: i)parking spacesshall be located a minimum distance of 6 metres from a street line. City of Kitchener Zoning By-law 2019 1 - 138 SECTION 5Page 6of 32 c)d)On a lotcontaining a multiple dwelling,dwelling unit,clustertownhousedwelling, lodging house having 9 residents or more,or alargeresidential care facility: i)parking spaces shall not be located within the front yard or within the exterior side yard. In no case shall any parking spaces be located within 3 metres of the front lot line,exterior side lot line or street line; and, ii)despite Subsection i), parking spaces,loading spaces, or drive aisles located in an enclosed portion of a buildingentirely below grade, may have a minimum setbackof 0 metres from a front lot line,side lot line, and rear lot line. 5.1.4Location of Parking Spaceson the Ground Floor of a Building a)In a UGC zone,orMIX zone,or on a lotwith a multiple dwelling, parking spaces anddrive aisleswithin a buildingshall not be located on the ground floorof such building. b)Despite Subsection a), parking spacesanddrive aislesmay be located on the ground floorof a buildingwhere: i)the ground floorof the buildinghasone ormore permitted usesother than acommercial parking facilitythat abut the street line façade;and, ii)parking spacesanddrive aisles are located entirely behind the area on the ground floordevoted to thepermittedusesin Subsection i) for the entire length of the street line façade,except for access. City of Kitchener Zoning By-law 2019 1 - 139 SECTION 5Page 7of 32 Illustration 5-1: Location of Parking Spaces on the Ground Floor of a Building Drivewayand Garage Provisions for Residential Uses a)For all residential usesother than large residential care facilities, multiple dwellingscontaining 4 or more dwelling units, and mixed use buildings,a required parking spaceshall have direct access from a streetor lanevia a driveway. b)A maximum of one driveway with one access point from each street or lane shall be permitted on a lot, except in the case of: i)Alothaving a minimum lot widthof 30 metres, where a maximum of two driveways may be permitted; and, ii)Asemi-detached dwelling, where each dwelling unitmay have one driveway. c)For the purposes of Section 5.4 the calculation of drivewaywidth is measured along the entire length of the drivewayperpendicular from the edge. City of Kitchener Zoning By-law 2019 1 - 140 SECTION 5Page 8of 32 Illustration 5-4: Measuring driveway width d)Adriveway shall be a minimum of 2.6 metres in width. e)The provisions in Table 5-2 apply to single detached dwellings, semi-detached dwellings, and street townhouse dwellingswith or without additional dwelling unit(s). f)Despite any provision in Table 5-2 and 5-3 a drivewayassociated with a single detached dwelling, semi-detached dwellingor street townhouse dwellingmay not exceed 8.0 metresin width. City of Kitchener Zoning By-law 2019 1 - 141 SECTION 5Page 9of 32 Table 5-2: Private Garage Width and Driveway Width Regulations by Use City of Kitchener Zoning By-law 2019 1 - 142 SECTION 5Page 10of 32 Maximum privateMaximum drivewaywidth with Maximum Residential Use garage width an attached private garagedrivewaywidth without an attached private garage Single Detached 65% of the width of the 50% of the lot widthor a driveway50% of the lot Dwellingfront façadeclosest to may be as wide as the attached width. the streetat gradegarage. The drivewaymay extend beyond the width of the attached garage to a maximum total width of 50% of the lot; and shall be located no closer than the required side yard setback of the dwelling. Semi-Detached 60% of the width of the 50% of the lot widthor 5.2 metres, 50% of the lot Dwellingfront façadeclosest to whichever is less, and a drivewaywidthor 5.2 the streetat grademay be as wide as the attached metres, garage.whichever is less. The drivewaymay extend beyond the width of the attached garage to a maximum total width of 50% of the lot; and shall be located no closer than the required side yard setback of the dwellingwhich is not located along the common wall of the same dwelling; City of Kitchener Zoning By-law 2019 1 - 143 SECTION 5Page 11of 32 Street 60% of the width of the 60% of the lot widthor 5.2 metres, 60% of the lot Townhouse front façadeclosest to whichever is less.widthor 5.2 Dwelling the streetat grademetres, whichever is less. The drivewaymay extend beyond the width of the attached garage to a maximum total width of 60% of thelot; Exterior end unit driveways shall be located no closer than the required side yard setback of the dwelling which is not located along the common wall of the same dwelling. a) For lands identified on Appendix C (Central Neighbourhoods), and within a low-rise residential zonean attached private garageassociated with a single detached dwelling,semi-detached dwelling, orstreet townhouse;with or without anadditional dwelling unit(s)shall not project beyond the front façadeof the habitable atgradeportion of the dwelling unit. b)For lands not identified on Appendix C (Central Neighbourhoods), an attached private garageassociated with a single detached dwelling, semi-detached dwelling orstreet townhouse dwelling; with or without an additional dwelling unit(s): i)An attached private garagemay project beyond the front façadeof the habitable portion of the dwelling unita maximum of 1.8 metres. ii)Where a private garageprojects beyond the habitable portion of the front façade of the dwelling unit, a porchabutting the private garageshall be provided in accordance with Section 4.14.7. iii)Aprivate garageshall not project beyond the front of a porch. c)On a corner lotno driveway, or parking spaceshall be located within the front yard for a distance of 7 metres from the exterior side lot line, and the same shall not be City of Kitchener Zoning By-law 2019 1 - 144 SECTION 5Page 12of 32 located within the exterior side yardfor a distance of 7 metres from the front lot line, measured from the intersecting point of the front lot lineand the exterior side lot line. Illustration 5-5: Corner lot driveway location d)Within a front yard,interior side yard, exterior side yardor rear yardmotorvehicles shall only be parked within a private garageor on a drivewaythat conforms to Section 5.3. e)The drivewayshall be comprised of a material that is consistent throughout the driveway,and that is distinguishable from all other ground cover or surfacing including landscaping or walkways within the front yard,interior side yard,exterior side yard, or rear yard. City of Kitchener Zoning By-law 2019 1 - 145 SECTION 5Page 13of 32 Table 5-3: Private Garage Width and Driveway Width Regulations by Use for lands identified on Appendix C. Central Neighbourhoods Maximum privateMaximum drivewaywidth Maximum driveway Residential garage widthwith anattached garagewidth without an Use attached garage Single 50% of the width of 40% of the lotwidthor a 40% of the lot width. Detached the front façadedrivewaymay be as wide as Dwellingclosest to the streetthe attached garage atgrade The drivewaymay extend beyond the width of the attached garageto a maximum total width of 40% of the lot; and shall be located no closer than the required side yard setback of the dwellingwhich is not located along the common wall of the same dwelling. 50% of the width of 40% of the lot widthor 5.2 40% of the lot widthor the front façademetres, whichever is less, and 5.2 metres, whichever Semi- closest to the streetadrivewaymay be as wide as is less. Detached atgradethe attached garage. Dwelling The drivewaymay extend beyond the width of the attached garageto a maximum total width of 40% of the lot; and shall be located no closer than the required side yard setback of the dwelling which is not City of Kitchener Zoning By-law 2019 1 - 146 SECTION 5Page 14of 32 located along the common wall of the same dwelling; Townhouse 60% of the width of 60% of the lot widthor 5.2 60% of the lot widthor Dwelling the front façademetres, whichever is less, and 5.2 metres, whichever Streetclosest to the streetadrivewaymay be as wide as is less. atgradethe attached garage. The drivewaymay extend beyond the width ofthe attached garageto a maximum total width of 60% of the lot; Exterior end unit driveways shall be located no closer than the required side yard setback of the dwelling. Reserved. Bicycle Parking Stall Provisions a)Class A bicycle parking stallsshall only be required for buildingsor portions of buildingsthat were not existingon the effective date of the By-law. b)Class A bicycle parking stallsshall be located within a building,structure, and/or bicycle locker. c)Bicycle parking stallsshallbea minimum of1.8 metres in length,a minimum of 0.6 metres in width,and overhead clearance in covered spaces shallbe a minimum of 2.1 metres.Despite the above, where a bicycle parking stall provides for vertical storage of a bicycle, the minimum length may be reduced to 1.2 metres. d)Despite Subsections a) and c), where a Class A bicycle parking stallis located within a bicycle locker, overhead clearance shall not be required. City of Kitchener Zoning By-law 2019 1 - 147 SECTION 5Page 15of 32 e)Bicycle parking stallsshallabutan access aislewhich shall bea minimum of 1.5 metresin width. Illustration 5-62:Bicycle Parking Stallsand Access Aisle Dimensions f)Shower and change facilitiesshall be provided in conjunction with the Class A bicycle parking stallsrequired for any non-residential usesin accordance with Table 5-2. Table 5-2: Regulations for Shower and Change Facilities Required Number of Minimum total area of Shower Minimum number of Class A Bicycle and Change FacilitiesShowers within Shower Parking Stallsand Change Facilities 2 5-608 m2showers 2 61-12012 m4showers 2 121-18016 m6showers 2 Greater than 18020 m8showers g)Despite Table5-3 and/or Table 5-45-5,thenumber of parking spacesrequired for any non-residential userequiring shower and change facilitiesmaybe reduced by 1parking spaceper required shower. City of Kitchener Zoning By-law 2019 1 - 148 SECTION 5Page 16of 32 Minimum and Maximum Parking Space Provisions a)Parking spaces,visitor parking spaces,andbicycle parking stallsshall be provided for any use, where a zonepermits the use, at aminimum and maximum of the rates specified for the applicable zone(s)within Table 5-3. b)On a lotwith existing parking spacesthat exceed the maximum number of parking spacespermitted through Table 5-3, the number of existing parking spacesshall be maximum number of parking spaces. c)Except in a UGC zone, themaximum parking spacerequirement in Table 5-3shall only apply where 20 or more parking spacesare required.Where19 or fewer parking spacesis the minimum requirement, the maximum parking space requirement shall be: i)The minimum parking spaces required plus 5 parking spaces. d)Where the calculation of the total required parking spaces,visitor parking spaces,or bicycle parking stallsresults in a fraction, then the requirement shall be the next higher whole number. City of Kitchener Zoning By-law 2019 1 - 149 SECTION 5Page 17of 32 Table 5-53:Regulations for Minimumand Maximum Parking Requirements Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones RESIDENTIAL Minimum 1 22 parking space No minimum63 mGFA63 mGFA per: Lodging House; Maximum 1 222 parking space 92mGFA48mGFA48mGFA per: Minimumparking 0.9 per dwelling 1.0 per dwelling Nominimum spaces:unitunit 5-80dwelling units: 0.15 per 0.1 per dwelling dwelling unit unitonly where 5 Minimum visitor0 per dwelling Multiple or more dwelling OR parking spaces:unit Residential unitsare on a lot Buildings: 81+ dwelling units: 0.1 per Cluster Townhouse dwelling unit Dwelling; Maximum parking 1 per dwelling 1.3per dwelling 1.4per dwelling spaces (including Dwelling Unit;unitunitunit visitor): MinimumClass A 1 per dwelling 0.5 per dwelling 0.5 per dwelling Multiple Dwelling; Bicycle Parking unitwithout a unitwithout a unitwithout a Stalls:private garageprivate garageprivate garage 2, or 6 where 2, or 6 where 2, or 6 where Minimum Class B more than 20 more than 20 more than 20 Bicycle Parking dwelling unitsaredwelling unitsaredwelling unitsare Stalls: on a loton a loton a lot Minimum1 22 parking space No minimum92 mGFA92 mGFA per: Maximum1 222 parking space 92mGFA70mGFA70mGFA Residential Care per: Facility, Large Minimum 1 Class 222 A Bicycle Parking 110 mGFA710 mGFA710 mGFA Stall per: Class B Bicycle 2, or 6 if greater 2, or 6 if greater 2, or 6 if greater 222 Parking Stalls:than 550 mGFAthan 550 mGFAthan 550 mGFA Minimum parking Residential Care n/a2per facility2per facility spaces: Facility, Small Second Dwelling Minimum parking 1per dwelling 1per dwelling n/a Unit (Attached)spaces:unitunit Single-Detached Minimum parking 1per dwelling n/an/a Dwellingspaces:unit City of Kitchener Zoning By-law 2019 1 - 150 SECTION 5Page 18of 32 Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones Single-Detached Dwelling, Semi- Detached Dwelling, Street Townhouse Minimum parking 1per dwelling andDwelling; and n/an/a spaces:unit Additional Dwelling Unit (Attached) and Additional Dwelling Unit (Detached) NON-RESIDENTIAL Agricultural: Agriculture; Minimum parking n/an/a0 Agriculture-Related;spaces: and, On-Farm Diversified Minimumparking n/an/a3 per service bay spaces: 130% of the Maximum parking minimum parking n/an/a spaces: spaces Automotive Detailing and Minimum 1 Class 2 Repair Operation A Bicycle Parking n/an/a1,500 mGFA Stall per: Minimum 1 Class 2 BBicycle Parking n/an/a3,000 mGFA Stall per: Minimum1 22 parking spaceNo minimum20mGFA20mGFA per: Maximum1 222 parking space 23mGFA15mGFA15mGFA per: Brewpub Minimum 1 Class 222 A Bicycle Parking250 mGFA250 mGFA250 mGFA Stall per: Minimum Class B Bicycle Parking 222 Stalls: Minimum parking Campground n/an/a1.1per camp site spaces: 0,provide Minimum parking stacking spaces Car Wash n/an/a spaces:in accordance withSection 5.11 Minimum parking Cemetery000 spaces: City of Kitchener Zoning By-law 2019 1 - 151 SECTION 5Page 19of 32 Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones Minimum1 22 parking spaceNo minimum40 mGFA40 mGFA per: Maximum1 222 parking space 60mGFA23mGFA23mGFA Commercial per: Entertainment Minimum 1 Class 222 A Bicycle Parking 500 mGFA500 mGFA500 mGFA Stall per: Minimum 1 Class 222 BBicycle Parking 250 mGFA250mGFA250 mGFA Stall per: Commercial Parking Minimum parking 0n/a0 Facilityspaces: Commercial Vehicle Minimum parking n/an/a1per bay Wash Facilityspaces: Minimum 1 22 parking space No minimum40 mGFA30 mGFA per: Maximum 1 222 Day Care Facilityparking space 92mGFA30mGFA23mGFA per: Minimum 1 Class 222 A Bicycle Parking 333 mGFA500 mGFA500 mGFA Stall per: 0, provide stacking Drive-Through Minimum parking spaces in n/an/a accordance with Facilityspaces: Section 5.11 Industrial Employment: Minimum1 22 Catering Service parking spaceNo minimum90 mGFA90 mGFA Establishment; per: Heavy Repair Operation; Indoor Recycling Maximum1 Operation; 222 parking space 92mGFA70mGFA70mGFA Manufacturing; per: Outdoor Recycling Operation; Printing or Minimum 1 Class Publishing 222 A Bicycle Parking1,000 mGFA1,500 mGFA1,500 mGFA Establishment; Stall per: Propane Facility; City of Kitchener Zoning By-law 2019 1 - 152 SECTION 5Page 20of 32 Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones Restoration, Janitorial or Security Services; Minimum 1 Class and, 222 BBicycle Parking 2,000 mGFA3,000 mGFA3,000 mGFA Stall per: Tradesperson or Contractor's Establishment Minimum1 22 parking spaceNo minimum30 mGFA20 mGFA per: Maximum1 222 parking space 60mGFA23mGFA15mGFA per: Fitness Centre Minimum 1 Class 222 A Bicycle Parking 500 mGFA1,000 mGFA1,000 mGFA Stall per: Minimum 1 Class 222 BBicycle Parking 250 mGFA500 mGFA500 mGFA Stall per: Minimum 1 2 parking space n/an/a23 mGFA per: Funeral Home Maximum 1 2 parking space n/an/a17mGFA per: 0, provide stacking Minimum parking spaces in Gas Station n/an/a accordance with spaces: Section 5.11 2 1 per 23mGFA, Minimum parking n/an/a plus 4 per golf spaces: coursehole Golf Course Minimum 1 Class 2 A Bicycle Parking n/an/a1,000 mGFA Stall per: Minimum1 22 parking space No minimum19 mGFA19 mGFA per: Maximum1 222 parking space 23mGFA15mGFA15mGFA per: Health Clinic Minimum 1 Class 222 A Bicycle Parking500 mGFA1,000 mGFA1,000 mGFA Stall per: Minimum 1 Class 222 BBicycle Parking167 mGFA333 mGFA333 mGFA Stall per: 1 plus any 1plus any Minimum parking parking spacesparking spaces Home Occupation No minimum spaces: required for the required for the dwelling unit(1)dwelling unit(1) City of Kitchener Zoning By-law 2019 1 - 153 SECTION 5Page 21of 32 Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones No minimum1 plus any 1 for occupation parking spacesplus 1 for any required for the non-resident Minimum number dwelling unit(1)employee plus Home Occupation of parking spaces:any parking spacesrequired for the dwelling unit(1) Minimumparking No minimum1per bed1per bed spaces: Maximumparking 1 per bed1.3 per bed1.3 per bed spaces: Minimum 1 Class Hospice 222 A Bicycle Parking 125 mGFA500 mGFA500 mGFA Stall per: Minimum 1 Class 222 BBicycle Parking167 mGFA667 mGFA667 mGFA Stall per: Minimum1 2 parking spaceNo minimumn/a70mGFA per: Maximum1 22 parking space 70mGFAn/a54mGFA per: Hospital Minimum 1 Class 22 A Bicycle Parking 750 mGFAn/a1,000 mGFA Stall per: Minimum 1 Class 22 BBicycle Parking 1,500 mGFAn/a2,000 mGFA Stall per: Minimumparking No minimum1per guest room1per guest room spaces: Maximum parking 1.3 per guest 1.3 per guest 1 per guest room spaces:roomroom Hotel Minimum Class A 1 per 30 guest 1 per 40 guest 1 per 40 guest Bicycle Parking roomsroomsrooms Stalls: Minimum Class B2, or 6 if greater 2, or 6 if greater 2, or 6 if greater Bicycle Parking than 75 guest than 75 guest than 75 guest Stall: roomsroomsrooms IndustrialStorage The greater of 1 and Transport: Minimum parking 2 n/an/aper 1,500 m spaces: GFA, or 2 Bulk Fuel and Oil Storage Establishment; Maximum 1 2 parking space n/an/a70 mGFA Salvage or Scrap per: Yard; City of Kitchener Zoning By-law 2019 1 - 154 SECTION 5Page 22of 32 Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones Minimum 1 Class Towing Compound; 2 A Bicycle Parkingn/an/a1,500 mGFA Stall per: Transportation Facility; Minimum 1 Class Truck Transport 2 BBicycle Parkingn/an/a3,000 mGFA Terminal; and, Stall per: Warehouse Minimum1 22 parking space n/a90 mGFA90 mGFA per: Maximum1 222 parking space 95mGFA70mGFA70mGFA per: Light Repair Operation Minimum 1 Class 222 A Bicycle Parking1,000 mGFA1,500 mGFA1,500 mGFA Stall per: Minimum 1 Class 222 BBicycle Parking 2,000 mGFA3,000 mGFA3,000 mGFA Stall per: Natural Heritage Minimum parking n/an/a0 Conservationspaces: Minimum parking n/an/an/a spaces: Maximum 1 2 parkingspace 60mGFAn/an/a per: Night Club Minimum 1 Class 2 A Bicycle Parking 100 mGFAn/an/a Stall per: Minimum Class B Bicycle Parking 2 per night clubn/an/a Stalls: Minimum1 22 parking spacen/a35mGFA35mGFA per: Maximum1 22 parking space n/a24mGFA24mGFA per: Minimum 1 Class 22 A Bicycle Parking n/a1000 mGFA1000 mGFA Stall per: City of Kitchener Zoning By-law 2019 1 - 155 SECTION 5Page 23of 32 Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones Multi-Unit Parking Minimum 1 Class n/a 22 Rate(1)(2)(3)BBicycle Parking333 mGFA333 mGFA Stall per: Additional Regulations for Home Occupation Table 5-5 (1)0parking spacesare required for a home occupation use that is an officeor indirect saleswith no employees or clients to the premises, orfor a home occupation within a single detached dwelling with anadditional dwelling unit(s) attached or additional dwelling unit(detached), semi-detached dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), street townhouse dwelling with anadditional dwelling unit(s) attached or additional dwelling unit (detached), cluster townhouse dwelling,ormultiple dwelling. If the home business does not have a non-resident employee, then the required parking spacesfor the home business and dwelling unit may be arranged in tandem. Additional Regulations for Multi-Unit Parking RateTable 5-35 (2)Themulti-unit parking rateshall only be applied where there are three or more separate spaces for lease and/or occupancy and shall not include manufacturing orwarehouse. (3)The following shall only apply to a multi-unit building or multi-unit developmentwith agross floor area of 1,000 square metres or less where the multi-unit parking rate applies: a.Restaurantand health clinic shall each only be permitted to use the multi-unit parking rate up to a maximum of 30 percent of the gross floor area of the multi-unit building or multi-unit development. Parking space requirements for additional gross floor area shall be in accordance with the individual rate identified in Table 5-35; b.Subsection a) shall not apply to bicycle parking stall requirements. In anEMP zone, the parking spaceand bicycle parking stallrequirements shall be the lesser of the multi-unit parking rate or the aggregate individual use requirement. City of Kitchener Zoning By-law 2019 1 - 156 SECTION 5Page 24of 32 Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones Office and Office- 2 Related: 50mGFA, only Minimum1 for office GFAin 22 parking space33 mGFA33 mGFA Biotechnological excess of per: 2 Establishment; 4,000m. Computer, Electronic, Data Maximum1 Processing, or 222 parking space 38mGFA25mGFA25mGFA Server per: Establishment; Industrial Administrative Office; Minimum 1 Class 222 A Bicycle Parking333 mGFA500 mGFA500 mGFA Office; Stall per: Research and Development Establishment; and, Minimum 1 Class 222 BBicycle Parking500 mGFA750 mGFA750 mGFA Social Service Stall per: Establishment 2 per court,plus Minimum parking n/an/a20 per playing spaces: field Outdoor Active Recreation Minimum Class B 1 per court plus 6 Bicycle Parking n/an/a per playing field Stalls: Outdoor Passive Minimum parking n/an/a0 Recreationspaces: Place of Assembly Minimum1 22 and Community:parking space No minimum23 mGFA23 mGFA per: Community Facility; Maximum1 222 parking space 75mGFA17mGFA17mGFA Conference, per: Convention, or Minimum1Class 222 Exhibition Facility; A Bicycle Parking500 mGFA1000 mGFA1,000 mGFA and, Stall per: Minimum 1 Class 222 Cultural Facility BBicycle Parking250 mGFA500 mGFA500 mGFA Stall per: Minimum1 22 parking spaceNo minimum23 mGFA23 mGFA per: Place of Worship Maximum1 222 parking space 30mGFA17mGFA17mGFA per: City of Kitchener Zoning By-law 2019 1 - 157 SECTION 5Page 25of 32 Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones Minimum 1 Class 222 A Bicycle Parking500 mGFA1,000 mGFA1,000 mGFA Stall per: Minimum 1 Class 222 BBicycle Parking250 mGFA500 mGFA500 mGFA Stall per: Minimum1 22 parking space No minimum7.5 mGFA7.5 mGFA per: Maximum1 222 parking space 15mGFA5mGFA5mGFA per: Restaurant Minimum 1 Class 222 A Bicycle Parking 100 mGFA250 mGFA250 mGFA Stall per: Minimum Class B Bicycle Parking2 per restaurant2 per restaurant2 per restaurant Stalls: 2 Minimum1100 mGFA, parking spacen/an/aincluding per:portables 2 Maximum175mGFA, parking space n/an/aincluding per:portables School,Elementary Minimum 1 Class 2 A Bicycle Parking n/an/a1,000 mGFA Stall per: Minimum 1 Class 2 BBicycle Parking n/an/a100 mGFA Stall per: Minimum1 2 parking space No minimumn/a77 mGFA per: Maximum1 22 parking space 130mGFAn/a60mGFA per: School,Post- Secondary Minimum 1 Class 22 A Bicycle Parking50 mGFAn/a50 mGFA Stall per: Minimum Class Bthe greater of 1 the greater of 1 22 Bicycle Parkingper 50 mGFA, n/aper 50 mGFA, Stalls:or 3or 3 2 Minimum1120 mGFA parking space No minimumn/aincluding Adult Education per: portables School; and, 2 Maximum192mGFA 2 School,Secondary 125mGFA,plus parking space n/aincluding 2per portable per:portables City of Kitchener Zoning By-law 2019 1 - 158 SECTION 5Page 26of 32 Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones Minimum 1 Class 22 A Bicycle Parking500 mGFAn/a1,000 mGFA Stall per: Minimum 1 Class 22 BBicycle Parking100 mGFAn/a100 mGFA Stall per: Services and Retail: Animal Shelter; Establishment; Minimum1 22 parking space 40 mGFA33mGFA No minimum Building Material per: and Decorating Supply Establishment; Convenience Retail; Craftsperson Shop; Financial Establishment; Maximum1 Garden Centre, 222 parking space 72mGFA27mGFA24mGFA Nursery, and/or per: Landscaping Supply; Major Equipment Supply and Service; Pawn Establishment; Payday Loan Establishment; Minimum 1 Class Personal Services; 222 A Bicycle Parking 500 mGFA1,000 mGFA1,000 mGFA Stall per: Pet Boarding; Pet Services Establishment; Print Shop; City of Kitchener Zoning By-law 2019 1 - 159 SECTION 5Page 27of 32 Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones Propane Retail Outlet; Retail; and, Minimum 1 Class Retail of Motor 222 BBicycle Parking167 mGFA333 mGFA333 mGFA Vehicles and Major Stall per: Recreational Equipment. Minimum1 22 parking space No minimum40 mGFA40 mGFA per: Training: Maximum1 222 parking space 42mGFA30mGFA30mGFA Commercial Driver per: and Training Establishment; and, Minimum 1 Class 222 A Bicycle Parking500 mGFA1,000 mGFA1,000 mGFA Commercial School; Stall per: Minimum 1 Class 222 BBicycle Parking167 mGFA333 mGFA333 mGFA Stall per: Minimum1 2 parking spacen/an/a33mGFA per: Maximum1 2 parking space n/an/a25mGFA Large Merchandise per: Retail Minimum 1 Class 2 A Bicycle Parking n/an/a1,000 mGFA Stallper: Minimum 1 Class 2 BBicycle Parking n/an/a500 mGFA Stall per: 2 40mGFA, Minimum1 exclusive of any parking spacen/an/a parkingfor fleet per: vehicles 2 30mGFA, Transportation Maximum1 exclusive of any Depotparking space n/an/a parkingfor fleet per: vehicles Minimum 1 Class 2 A Bicycle Parking n/an/a1,500 mGFA Stall per: City of Kitchener Zoning By-law 2019 1 - 160 SECTION 5Page 28of 32 Minimum and Maximum RequiredRates forParking Spaces, Visitor Parking Spaces,and Bicycle Parking Stalls Use UGC ZonesMIX Zones All Other Zones Minimum 1 Class 2 BBicycle Parkingn/an/a3,000 mGFA Stall per: Minimum1 22 parking spaceNo minimum 40mGFA40mGFA per: Maximum1 222 Veterinary Servicesparking space 53 mGFA30 mGFA30 mGFA per: Minimum 1 Class 222 A Bicycle Parking 500 mGFA1,000 mGFA1,000 mGFA Stall per: OTHER USES Minimum1 22 parking spaceNo minimum40 mGFA40 mGFA per: Maximum1 All otheruses not 222 parking space 42 mGFA30 mGFA30 mGFA otherwise listed per: Minimum Class B10% of total 10% of total 10% of total Bicycle Parkingrequired parking required parking required parking Stalls:spacesspacesspaces Parking Requirements for mixed-use buildings & Developments a)Where there is a residential use on a lot where the non-residential uses qualify for the multi-unit parking rate, the following shall apply: i)Visitor parking spaces shall not be required for the residential use; and, ii)Allparkingspaces shall be shared between uses and unassigned. Electric Vehicle Parking Space Provisions a)Aminimum of 20 percent of the parking spaces required for multiple dwellingsshall be designed to permit the future installation of electric vehicle supply equipment. b)Where parking spacesrequired for non-residential usesare not located within a building,a minimum of 15 percent of the parking spaces shall be designed to permit the future installation of electric vehicle supply equipment and a minimum of 5 percent of the parking spacesshall be electric vehicle parking spaces. c)Despite Subsection b), where the calculation of the total required electric vehicle parking spaces or parking spaces designed to permit the future installation of electric vehicle supply equipmentresults in a fraction, then the requirement shall be the next lowest number. City of Kitchener Zoning By-law 2019 1 - 161 SECTION 5Page 29of 32 d)All required electric vehicle parking spacesshall be clearly identified and demarcated. e)In a UGC zone, Subsections a) through d) shall apply to the number of parking spacesprovided, where any are provided at all. f)Subsections a) through e) shall only be required for buildingsor portions of buildingsthat were not existingon the date of passage of this By-law. Barrier-Free Accessible Parking Space Provisions a)Type A barrier-free accessibleparking spacesmust be a minimum of 3.4 metres in width and a minimum of 5.5 metres in length. b)Type B barrier-free accessibleparking spacesmust be a minimum of 2.4 metres in width and a minimum of 5.5 metres in length. c)Where one barrier-free accessibleparking spaceis required, it shall be a Type A barrier-free accessibleparking space. d)Where an even number of barrier-free accessibleparking spacesare required, an equal number of Type A and Type B barrier-free accessible parking spacesshall be provided. e)Where an odd number of barrier-free accessibleparking spacesare required, an equal number of Type A and Type B barrier-free accessible parking spacesshall be provided, where the additional parking spacemay be a Type B barrier-free accessibleparking space. f)Access aislesshall be provided for all barrier-free accessible parking spaces, may be shared betweentwo spaces,and shall meet the following requirements: i)theaccess aislesshall be aminimum of 1.5 metres in width; ii)theaccess aisleshall extend the full length of the parking space; and, iii)the access aislesshall be marked with high tonal contrast diagonal lines, which discourage parking in them, where the surface is asphalt, concrete or some other dust-free hard surface. g)Barrier-free accessibleparking spacesshallbe provided in accordance with Table 5-56, rounding up to the nearest whole number. City of Kitchener Zoning By-law 2019 1 - 162 SECTION 5Page 30of 32 Table 5-56:Regulations for Barrier-Free Accessible Parking Space Requirements Number of Parking Spaces Number of Barrier-free Accessible Parking RequiredSpaces Required 1-121 of total required parking spaces 13-1004% of total required parking spaces 101-2001, plus3% of total required parking spaces 201-10002, plus2% of total required parking spaces 1000 +11, plus1% total required parking spaces h)In a UGC zone, Subsection a) though g) shall apply to the number of parking spaces provided, where any are provided at all. i)A maximum of 50 percent of the barrier-free accessible parking spacesfor a residential usemay also be counted toward the required visitor parking spacesfor the same use. j)Despite Subsections c) through i), barrier free accessible parking spacesare not required on a lotwith only 4 or fewer dwelling units. Loading SpaceProvisions Where one or more loading spacesare provided, the following shall apply: a)loading spaceshall not be permitted within 6 metres of a street line; and, b)loading spacesshall not be permittedwithin 7.5 metres of an abutting residential zoneunless the loading spacesare located entirely within a building. Stacking Provisions a)Stacking lanes shall not be located within 3metres of astreet line. b)Stacking lanesfor a drive-through facilityshall not be located within a front yardor exterior side yard. c)Despite Subsection b), on a corner lot,stacking lanesfor a drive through facility may locate in either a front yard, or exterior side yard, but not both. d)Entrance ways to stacking lanesshall be separateda minimum travelled distance of 16.5 metres from the closestdriveway, measured from the centre point of the closest drivewayat the lot linealong the route travelled to the last required stacking spacein the stacking lane. e)Astacking spaceshall be a minimum of 2.6 metres in width and a minimum of 6.5 metres in length. City of Kitchener Zoning By-law 2019 1 - 163 SECTION 5Page 31of 32 f)Astacking spaceshall lead both to and from afueling area, service window, kiosk, or booth in accordance with Table 5-7. Table 5-7:Regulations for Stacking SpaceRequirements UseMinimum Number of Stacking Spaces Car Wash(automatic)10 Car Wash(self service)2 per washing bay Financial Establishment3 Gas Station2 per fueling area Restaurant13 Retail3 g)Subsections a) through f) shall not apply to existing stacking lanesand existing stacking spaces. Equipment and Vehicle Storage Provisions 5.1.5Commercial Vehicles and Equipment Parking or storage of commercial vehiclesonlotswithin a RES zoneshall be located fully within an enclosed buildingor structure. 5.12.2Major Recreational Equipment a)Parking or storage of major recreational equipmentonlotswithin a RES zoneshall be located fully within an enclosed buildingor structure. b)Despite Subsection a), major recreational equipmentmay be parked or stored in arear yard, aninterior side yard,or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18 of this By-law. Major recreational equipmentthat exceeds 1.4 metres in height and is located within an interior side yardshall be located a minimum of 1.2 metres from an interior side lot line. c)Despite Subsection a), major recreational equipmentmay be parked or stored on adrivewaybetween May 1 and October 31 provided that such equipment is located outside of a driveway visibility triangle. City of Kitchener Zoning By-law 2019 1 - 164 SECTION 5Page 32of 32 d)Major recreational equipmentshall not be usedfor living, sleeping, or housekeeping purposes when located on a lotwithin any zone. e)Despite clauses b) and c) above, snowmobiles or other similar winter-season recreational equipmentand portable structuresfor transporting such equipment shall not be stored or parked on a drivewaybetween May 1st and October 31st, but may be stored or parked on a drivewaywholly inside the lot linebetween November 1st and April 30th provided that such equipment shall not obstruct the visibility of vehicular or pedestrian traffic movement within a streetor lane. 5.1.6Utility Trailers a)On a lotcontaining a residential use, a utility trailershall not be parked or storedin afront yard, or exterior side yard,except in a driveway. b)Despite Subsection a), a utility trailer that exceeds 6 metres in length inclusive of projections and attachments shall not be permitted on a lot within a RES zone. c)Utility trailersmay be parked or stored in a rear yard, aninterior side yard,or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18 of this By-law. 5.12.4Vehicles with a Snow Plough Blade No more than one motor vehiclewith an attached snow plough blade shall be parked or stored on a lotwithin a RES zone.Reserved. City of Kitchener Zoning By-law 2019 1 - 165 SECTION 6Page 1 of 1 SECTION 6 – Urban Growth Centre (UGC) Zones 6.1\[RESERVED\] City of KitchenerZoning By-law 2019 1 - 166 SECTION 7Page 1 of 14 – Residential Zones (RES) The Residential Zones apply to lands designated Low Rise Residential, Medium Rise Residential and High Rise Residential in the Official Plan. 7.1APPLICABLE ZONES RES-1: Low Rise Residential One Zone – the purpose of this zoneis to accommodate limited dwelling types in areas with an estate character and/or limited municipal services in low rise areas. RES-2: Low Rise Residential Two Zone – the purpose of this zoneis to accommodate a limited range of low density dwelling types on larger lots than the RES-3 Zone in low rise areas. RES-3: Low Rise Residential Three Zone – the purpose of this zoneis to accommodate a limited range of low density dwelling types on smaller lotsthan the RES-2 Zone in low rise areas. RES-4: Low Rise Residential Four Zone – the purpose of this zoneis to accommodate a range of low density dwelling types that allow up to four dwelling units on a range of lot sizes in low rise areas. RES-5: Low Rise Residential Five Zone –the purpose of this zoneis to accommodate the widest range of low density dwelling types on the widest range of lotsizes in low rise areas. RES-6: Medium Rise Residential Six Zone –the purpose of this zoneis to accommodate medium density dwelling types and some complementary non-residential uses in medium rise residential areas. RES-7: High Rise Residential Seven Zone – the purpose of this zoneis to accommodate high density dwelling types and a range of complementary non-residential uses in high rise residential areas. City ofKitchener Zoning By-law 2019 1 - 167 SECTION 7Page 2 of 14 7.2PERMITTED USES No person shall, within any Residential Zone useor permit the useof any lotor erect, alter or useany buildingor structurefor any purpose other than those permitted useswithin Table 7-1 below. Table 7-1: Permitted Uses within the Residential Zones UseRES-1RES-2RES-3RES-4RES-5RES-6RES-7 Residential Uses Single Detached Dwelling Additional Dwelling Units (Attached))(1) Additional Dwelling Units (Detached) (2) Semi-Detached Dwelling Townhouse Dwelling –Street (3)(4) Townhouse Dwelling –Cluster (4) Multiple Dwelling (3) Lodging House Hospice Residential Care Facility, Small Residential Care Facility, Large Non-Residential Uses Artisan’s Establishment (5) City ofKitchener Zoning By-law 2019 1 - 168 SECTION 7Page 3 of 14 Community Facility (5) Convenience Retail (5) Day Care Facility (5) Financial Establishment (5) Health Office (5) Home Occupation (6) Office (5) Personal Services (5) Studio (5) (1)Shall be permitted in accordance with 4.12.1. and 4.12.2 (2)Shall be permitted in accordance with 4.12.3. (3)The maximum number of dwelling unitsin a dwellingshall be 4. (4)The maximum number of dwelling unitsin a dwellingshall be 8. (5)Permitted non-residential uses must be located within a mixed use building and are limited in size in accordance with the regulations in Table 7-6. (6)Shall be permitted in accordance with 4.8. City ofKitchener Zoning By-law 2019 1 - 169 SECTION 7Page 4 of 14 7.3REGULATIONS The regulations for lots in a Residential Zoneare set out in Tables 7-2 through 7-7 below. Table 7-2: For Single Detached Dwellings RES-1RES-2RES-3RES-4RES-5 RES-6 RES-7 Regulation(5)(5)(5)(5)(5) 22222 Minimum Lot Area929m(1)411m288m235m235m Minimum Lot Width24.0m(2)13.7m10.5m9.0m9.0m Minimum Corner 24.0m(2)15.0m13.8m12.8m12.8m Lot Width Minimum Front Yard or Exterior 6.0m (3)4.5m(3)4.5m(3)4.5m(3)4.5m(3) Yard Setback Maximum Front (3a)(3a)(3a)(3a)(3a) Yard Setback Minimum Interior 3.0m1.2m1.2m1.2m1.2m Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m7.5m7.5m Setback MaximumLot 55%(4)55%(4)55%(4)55%(4)55%(4) Coverage Maximum Building 11.0m(6)11.0m(6)11.0m(6)11.0m(6)11.0m(6) Height Maximum number 3 3 3 3 3 of storeys (1) The minimum lot areashall be 0.4 hectares on lotswithout full municipal services. City ofKitchener Zoning By-law 2019 1 - 170 SECTION 7Page 5 of 14 (2) The minimum lot widthshall be 30.0 metres on lotswithout full municipal services. (3) For lands identified in Appendix D, despite the minimum front yardrequired in any zone, the minimum front yardis the established front yardminus one metre. In all other cases, the minimum front yard shall be in accordance with this Table. Despite the foregoing, no part of any buildingused to accommodate off street parking shall be located closer than 6.0metresto the street line. (3a) For lands identified on Appendix D, the maximum front yard shall be the established front yard plus one metre. In all other cases there is no maximum front yard. (4) A combined total of 55 percent for all buildingsand structureson the lot. Accessorybuildingsor structures, whether attached or detached, and additional dwelling units (detached)shall not exceed 15 percent. (5) The regulations within Table 7-2 shall not apply to existingbuildingsor structures. (6) For lands identified on Appendix C –Central Neighborhoods, the maximum building heightis 9.0 metres for newbuildings and additions to existingbuildingsthat would increase the building heightby more than 1.0 metres, where the heightof the two principal buildings onboth abutting lotsis less than 6.5metres. Where there are vacant lot(s), abutting the affected lot, the heightof the two principal buildingson the next adjacent lotwith a low-rise residential zoneare considered. City ofKitchener Zoning By-law 2019 1 - 171 SECTION 7Page 6 of 14 Table 7-3: For Semi-Detached Dwelling Unit RES-3RES-4RES-5 RES-1 RES-2 RES-6 RES-7 Regulation(3)(3)(3) 222 Minimum Lot Area260m210m210m Minimum Lot Width9.3 m7.5m7.5m Minimum Corner 12.0m12.0m12.0m Lot Width Minimum Front Yard or Exterior 4.5m (1)4.5m(1)4.5m(1) Yard Setback Maximum Front (1a)(1a)(1a) Yard Setback Minimum Interior 1.2m1.2m1.2m Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m Setback MaximumLot 55%(2)55%(2)55%(2) Coverage Maximum Building 11.0m(4)11.0m(4)11.0m(4) Height Maximum number 3 3 3 of storeys (1) For lands identified in Appendix D, despite the minimum front yardrequired in any zone, the minimum front yardis the established front yardminus one metre. In all other cases the minimum front yardshall be in accordance with this table. Despite the foregoing, no part of any buildingused to accommodate off street parkingshall be located closer than 6.0 metresto the street line. City ofKitchener Zoning By-law 2019 1 - 172 SECTION 7Page 7 of 14 (1a) For lands identified on Appendix D, the maximum front yardshall be the established front yard plus one metre. In all other cases there is no maximum front yard. (2) A combined total of 55 percent for all buildingsandstructureson the lot. Accessorybuildingsor structures, whether attached or detached, and additional dwelling units (detached)shall not exceed 15 percent. (3) The regulations within Table 7-3 shall not apply to existingbuildingsor structures. (4) For lands identified onAppendix C – Central Neighborhoods, the maximum building heightis 9.0 metres for new buildings and additions to existing buildingsthat would increase the building height by more than 1.0 metres, where the heightof the two principal buildings onboth abutting lotsis less than 6.5 metres. Where there are vacant lot(s), abutting the affected lot, the heightof the two principal buildingson the next adjacent lotwith a low-rise residential zoneare considered. City ofKitchener Zoning By-law 2019 1 - 173 SECTION 7Page 8 of 14 Table 7-4: For Street Townhouse Dwelling Units RegulationRES-1RES-2RES-3RES-4 (4)RES-5 (4)RES-6RES-7 22 Minimum Lot Area148m135m Minimum Lot Width 6.0m5.5m (Internal Unit) Minimum Lot Width 10.0m9.5m (External Unit) Minimum Corner Lot 12.0m11.5m Width Minimum Front Yard or Exterior Yard 4.5m(1)4.5m(1) Setback Maximum Front (1a)(1a) Yard Setback Minimum Interior 2.5m2.5m Side Yard Setback Minimum Rear Yard 7.5m7.5m Setback Rear Yard Access(2)(2) MaximumLot 55%(3)55%(3) Coverage Maximum Building 11.0m(5)11.0m(5) Height Maximum number 3 3 of storeys City ofKitchener Zoning By-law 2019 1 - 174 SECTION 7Page 9 of 14 (1) For lands identified onAppendix D, despite the minimum front yardrequired in any zone, the minimum front yardis the established front yardminus one metre. In all other cases the minimum front yardshall be in accordance with this Table. Despite the forgoing, no part of any buildingused to accommodate off street parking shall be located closer than 6.0 metresto the street line. (1a) For lands identified on Appendix D, the maximum front yard shall be the established front yard plus one metre. In all other cases there is no maximum front yard. (2) Each dwelling unitshall have an unobstructed access at gradeor ground floor level, having a minimum width of 0.9 metres, from the front yardto the rear yardof the loteither by: a) direct access on the lotwithout passing through any portion of the dwelling unit; or, b) direct access through the dwelling unitwithout passing through a living or family room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not separated by a door to any such room; or, c) access over adjacent lands which, if the lands are not owned by the City of Kitchener or the Regional Municipality of Waterloo, is secured by a registered easement. (3) A combined total of 55 percent for all buildingsand structureson the lot. Accessorybuildingsor structures, whether attached or detached, and additional dwelling units (detached)shall not exceed 15 percent. (4) The regulations within Table 7-4 shall not apply to existingbuildingsor structures. (5) For lands identified in an Appendix C – Central Neighborhoods, the maximum building heightis 9.0 metres for new buildings and additions to existing buildingsthat would increase the building height by more than 1.0 metres, where the heightof the two principal buildings onboth abutting lotsis less than 6.5 metres. Where there are vacant lot(s), abutting the affected lot, the heightof the two principal buildingson the next adjacent lotwithalow-rise residential zoneare considered. City ofKitchener Zoning By-law 2019 1 - 175 SECTION 7Page 10of 14 Table 7-5: For Cluster Townhouse Dwelling Units RegulationRES-1RES-2RES-3RES-4RES-5 (3)RES-6 (3)RES-7 22 Minimum Lot Area525m525m Minimum Lot Width19.0m19.0m Minimum Front Yard or Exterior 4.5m 3.0m Yard Setback Minimum Interior 4.5m4.5m Side Yard Setback Minimum Rear Yard 6.0m4.5m Setback Minimum 20%20% Landscaped Area Minimum Floor 0.6(1) (4) Space Ratio Maximum Floor 0.62.0(1) Space Ratio Minimum Building 7.5m Height Maximum Building 11.0m25.0m Height Maximum Number 3 8 of Storeys Minimum Number of 5 Dwelling Units City ofKitchener Zoning By-law 2019 1 - 176 SECTION 7Page 11of 14 Private Patio Area(2)(2) (1) Combined total Floor Space Ratioof all useson the lot. (2) For each dwelling unitlocated at ground floor level, an exclusive use patio area adjacent to the dwelling unitwith direct access to such dwelling unitshall be provided. (3) The regulations within Table 7-5 shall not apply to existing buildingsor structures. (4) Individual buildingswill not be required to achieve the minimum floor space ratiowhere there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio. City ofKitchener Zoning By-law 2019 1 - 177 SECTION 7Page 12of 14 Table 7-6: For Multiple Dwellings and Non-Residential Uses RegulationRES-1RES-2RES-3RES-4 (6)RES-5 (6)RES-6 (6)RES-7 (6) 22 Minimum Lot Area495m495m Minimum Lot Width15.0m19.0m(1)30.0m30.0m Minimum Front Yard or Exterior 4.5m 4.5m 3.0m3.0m Yard Setback Minimum Interior 3.0m3.0m4.5m4.5m (5) Side Yard Setback Minimum Rear Yard 7.5m7.5m7.5m7.5m (5) Setback Minimum 20%20%20%20% Landscaped Area Minimum Floor 0.6 (2) (7)2.0 (2) (7) Space Ratio Maximum Floor 0.60.62.0 (2) 4.0 (2) Space Ratio Minimum building 11.0 m 14.0 m height Maximum Building 11.0m11.0m25.0m(5) Height Maximum number 3 3 8 of storeys Minimum number of 5 5 dwelling units City ofKitchener Zoning By-law 2019 1 - 178 SECTION 7Page 13of 14 Maximum number 4 of dwelling units Private Patio Area(3)(3)(3)(3) Maximum Gross Floor Areaof 22 600m(4)600m(4) Individual Non- Residential Use (1) A multiple dwellingup to 4 dwellingunits shall have a minimum lot widthof 15.0metres. (2) Combined total Floor Space Ratioof all uses on the lot. (3) For multiple dwellingswith 4 dwelling unitsor more, each dwelling unitlocated at ground floor level shall have an exclusive use patio area adjacent to the dwelling unitwith direct access to such dwelling unit. (4) The total gross floor areaof all non-residential usesshall not exceed 25% of the total gross floor areaon a lot. (5) The maximum building heightshall be 25 metres within 15 metresof a lotwith a (RES-6) Medium Rise Residential Six Zone. (6) The regulations within Table 7-6 shall not apply to existing buildingsor structures. (7) Individual buildings will not be required to achieve the minimum floor space ratiowhere there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio. Table 7-7: Lodging House, Hospice, Small Residential Care Facility and Large ResidentialCare Facility RegulationRES-1RES-2RES-3RES-4RES-5RES-6RES-7 Regulations(1)(1)(1)(1)(1)(1) City ofKitchener Zoning By-law 2019 1 - 179 SECTION 7Page 14of 14 (1)Shall be in accordance with the regulations of the RES Zone and dwellingtype in which the lodging house, hospice orsmall residential care facilityis located. A large residential care facility shall be in accordance with the regulations of the RES zone for multiple dwellings. 7.4OUTDOOR STORAGE No outdoorstorageshall be permitted in an RES zone. 7.5OTHER APPLICABLE REGULATIONS AND SECTIONS For other applicable regulations and sections see Section 3: Definitions, Section 4: General Regulations and, Section 5: Parking, Loading, and Stacking. City ofKitchener Zoning By-law 2019 1 - 180 SECTION 8Page 1of5 The Mixed Use zonesapply to lands designated Mixed Use in the Official Plan. 8.1APPLICABLE ZONES MIX-1: Mixed UseOnethe purpose of this zoneis to accommodate a variety of uses within mixed use buildingsandmixed use developmentsat a low density and scale in Neighbourhood Nodes and certain other areas that are adjacent to properties zonedfor low density residential uses. MIX-2: Mixed UseTwothe purpose of this zoneis to accommodate a variety of uses within mixed use buildingsandmixed use developmentsat a mediumdensity on certain lands within Urban Corridors. MIX-3: Mixed UseThreethe purpose of this zoneis to accommodate a variety of uses within mixed use buildingsandmixed use developmentsat a mediumdensity within Community Nodes and City Nodes. 8.2PERMITTED USES No personshall, within any MIX zone,useor permit theuseof any lot;or erect, alter or use any buildingor structurefor any purpose other than those permitted uses within Table 8-1 below. Table 8-1: Permitted Uses within the Mixed Use Zones UseMIX-1MIX-2MIX-3 Adult Education School !!! Brewpub !!! Cluster Townhouse Dwelling (1)!! Commercial Entertainment!!! CommercialSchool !!! Community Facility!!! Computer, Electronic,Data Processing, !!! or ServerEstablishment Craftsperson Shop!! Cultural Facility !!! Day Care Facility!! Dwelling Unit (2) !!! Financial Establishment!! Fitness Centre !!! Health Clinic!! Hospice Hotel City of Kitchener Zoning By-law 2019 1 - 181 SECTION 8Page 2of5 Large Residential Care Facility (2)(2) Light Repair Operation Lodging House!!! Multiple Dwelling (1)(1) Office(3)(3)(4) Payday Loan Establishment Personal Services Pet Services Establishment !! Place of Worship Post-Secondary School !!! Print Shop Research and Development !!! Establishment Restaurant Retail (5)(6)(7) Secondary School (8) Small Residential Care Facility Social Service Establishment Veterinary Services Additional Regulations for Permitted Uses Table 8-1 (1)Acluster townhouse dwellingand a multiple dwellingare only permitted on a lot containing a non-residential use. A cluster townhouse dwellingand a multiple dwellingshall not have a street line façade,except for access. (2)Shall be located within a mixed use building, and except foraccess, the ground floor shall contain at least one non-residentialpermitted uselisted in Table 8-1 that abuts the entire length of the street line façade. (3)A total maximum gross floor area of 5,000 square metres is permitted. (4)A total maximum gross floor area of 10,000 square metres is permitted. (5)A maximum gross floor areaof 3,500 square metres is permitted for each individual freestanding retail outletto a total maximum gross floor areaof 5,000 square metres. (6)A maximum gross floor areaof2,500 square metres is permitted for each individual freestanding retail outletto a total maximum gross floor area of 5,000 square metres. Afood storeis only permitted within a mixed use developmentto a maximum gross floor areaof 5,000 square metres. (7)A maximum gross floor areaof 5,000 square metres is permitted foreach freestanding retail outlet. A food storeis permitted within a freestanding retail outlet or within a mixed use developmentto a maximum gross floor areaof 10,000 square metres. City of Kitchener Zoning By-law 2019 1 - 182 SECTION 8Page 3of5 (8)A total maximum gross floor area of 6,000 square metres is permitted. 8.3REGULATIONS The regulations for lotsin a MIXzoneare set out in Table 8-2 below. Table 8-2: Regulationsfor Mixed Use Zones RegulationMIX-1(1)MIX-2(1)MIX-3(1) Minimum lot width15m15m15m Minimum front yard setback1.5m1.5m1.5m Minimum exterior side yardsetback1.5m1.5m1.5m Minimum rear yard setback7.5m7.5m7.5m Minimum interior side yard setback2 m0 m4 m Minimum yard setbackabutting a 7.5m7.5m7.5m residential zone Minimum ground floor building height 4.5 m4.5 m4.5 m for any buildingwith street line façade Minimum building height7.5 m11 m11 m Maximum building height14 m25m32 m Maximum number of storeys4storeys8storeys10storeys Minimum number of storeysin the baseof a mid-rise building or tall 3storeys3storeys building Maximum number of storeysin the baseof a mid-rise building or tall 6storeys6storeys building Minimum street linestepbackfor mid- 3 m3 m rise buildingsandtall buildings Minimum stepback for mid-rise buildingsandtall buildings where the 3 m3 m baseabuts alow-rise residential zone Minimum floor space ratio0.6(2)0.6(2)0.6(2) Maximum floor space ratio122 Maximum total retail gross floor area within a multi-unit building, multi-unit 222 7,500m7,500m10,000m development,mixed-use building, or mixed-use development. Minimum percent of non-residential 20%(2) gross floor area Minimum percent of residential gross 20%(2) floor area Minimumground floor street line façadewidth as a percent of the width 50%50%50% of the abutting street line Minimum percent street line façade 50%50%50% openings(3)(4) Minimum landscaped area15%15%15% City of Kitchener Zoning By-law 2019 1 - 183 SECTION 8Page 4of5 Additional Regulations for Zone Regulations Table 8-2 (1)The regulations within Table 8-2 shall not apply to existing buildings or structures. (2)Individual buildings will not be required to achieve the minimum floor space ratio, minimum percent of non-residential gross floor areaand minimum percent of residential gross floor areawhere there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio,minimum percent of non-residential gross floor area and minimum percent of residential gross floor area. (3)Measured between 0.5m and 4.5m above exterior finished grade along the entire width of the street line façade. Illustration 8-1: Street Line Façade Openings Measurement (4)The maximum distance between street line façade openingsand between exterior walls and street line façade openingsshall be 8 metres. City of Kitchener Zoning By-law 2019 1 - 184 SECTION 8Page 5of5 8.4VISUAL BARRIER Where a lotzonedMIX abuts a residentialzoneand new gross floor area is added to the lot, a visual barrier shall be provided along the abutting lot lineinaccordance with Section 4.18of this By-law. 8.5OUTDOOR STORAGE No outdoor storageshall be permitted in anyyard abutting astreet, or within 7.5 metres of a residentialzone. This shall not howeverprevent the display of goods or materials for retailpurposes. 8.6LOCATION OF PARKING SPACES AND LOADING SPACES New parking spacesand/or loading spacesshall not locate in ayard abutting a street. City of Kitchener Zoning By-law 2019 1 - 185 SECTION 9Page 1 of 4 SECTION 9 – Commercial (COM) Zones The Commercial zonesapply to lands designated Commercial and Commercial Campus in the Official Planas well as certainlands designated Residential. 9.1APPLICABLE ZONES COM-1: Local Commercial – the purpose of this zoneis to accommodate complementary commercial useswithin residential neighbourhoods in Community Areas. COM-2:General Commercial – the purpose of this zoneis to accommodate retailand commercial useswithin the City’s Urban Corridors; and Community and City Nodes. COM-3: Arterial Commercial –the purpose of this zoneis to accommodate the retailing of bulky, space intensive goods; and service commercial usespredominately serving the travelling public within Arterial Corridors. COM-4: Commercial Campus – the purpose of this zoneis toaccommodate a range of retail and commercial usesfunctioning as a unit within comprehensively planned campuses within City Nodes. 9.2PERMITTED USES No personshall, within any COM zone, use or permit the useof any lot; or erect, alter or useany buildingor structurefor any purpose other than those permitted useswithin Table 9-1 below. Table 9-1: Permitted Uses within the CommercialZones UseCOM-1COM-2COM-3COM-4 Amusement Park(1)(1)(1) Artisan’s Establishment(2) Automotive Detailing and Repair Operation (2) Brewpub CarWash (2) Catering Service Establishment Commercial Entertainment Commercial Parking Facility Commercial School Computer, Electronic,Data Processing, or Server(2) Establishment City of KitchenerZoning By-law 2019 1 - 186 SECTION 9Page 2 of 4 UseCOM-1COM-2COM-3COM-4 Conference, Convention, or Exhibition Facility ConvenienceRetail(2) Craftsperson Shop(2) (2) Day Care Facility Drive-Through Facility Dwelling Unit(3)(3)(4) Financial Establishment(2) (2) Fitness Centre Funeral Home (2) Gas Station (2) Health Clinic (5) Heavy Repair Operation Hotel Large Merchandise Retail Light Repair Operation(5) (6) Manufacturing Office(2)(7)(7)(7) Pawn Establishment Payday Loan Establishment Personal Services(2) Pet Services Establishment Place of Worship(8)(8) Print Shop Propane Retail Outlet(2) Research and Development (2) Establishment Restaurant(2)(9) Retail(10) Retail of Motor Vehicles and Major Recreational Equipment Towing Compound Tradesperson or Contractor’s Establishment Transportation Depot(11) Veterinary Services Warehouse(5)(11)(11)(12) City of KitchenerZoning By-law 2019 1 - 187 SECTION 9Page 3 of 4 Additional Regulations for Permitted Uses Table 9-1 (1)Shall not be permitted on a lotabutting a residentialzone. (2)A maximumgross floor areaof 300square metresper unit is permitted. (3)Shall be located within a mixed use building containing at least one other permitted use listed in Table 9-1, and except for access, shallnotbe located on the ground floor. (4)The maximum floor space ratiofor dwelling unitsshall be 2. (5)Despite Section 4.2, retail usesare permitted as accessory usesand shall be located on the same premisesas the principal useto a maximum of 25 percent of the gross floor areaof the building. (6)Only existingmanufacturingshall be permitted. (7)A total maximum gross floor area of 10,000 square metres of officeis permitted on a lot. (8)Shall be located in alotcontaining at least one other non-residential use that is not subject to this provision. (9)Shall be located in amulti-unit building or mixed use buildingcontaining at least one other non-residentialuse that is not subject to this provision. (10)Individual retailoutlets shall have a minimum gross floor areaof 1,500 square metres. (11)Shall not include a noxious useand shall not include manufacturing as principal use. (12)Shall be located within an existing building. 9.3REGULATIONS The regulations for lotsin a COM zoneare set out in Table 9-2 below. Table 9-2: Commercial Zones Regulations RegulationCOM-1(1)COM-2(1)COM-3(1)COM-4(1) Minimum lot width15m15 m15 m30m Minimum front yard setback3m3m6m6m Minimum exterior side yard 3 m 3 m 6 m 6 m setback Minimum interior side yard setbackabutting a residential 1.5 m 7.5 m 7.5 m 7.5 m zone City of KitchenerZoning By-law 2019 1 - 188 SECTION 9Page 4 of 4 RegulationCOM-1(1)COM-2(1)COM-3(1)COM-4(1) Minimum interior side yard setback abutting a lot with a zoneother 1.5 m3 m 3 m 3 m than a residential zone Minimum rear yard setback7.5m7.5m7.5m7.5m Minimum rear yard or side yard setbackfor a non-residential use 1.5 m 1.5 m 1.5 m 1.5 m abutting a rail right-of-way or a hydro corridor Maximum building height11m15m(2) Maximum floor space ratio0.6 Minimum landscaped area15%20%20%20% Maximum total retail(including large merchandise retail) gross 2222 floor areawithin amulti-unit 10,000 m10,000 m10,000 m42,000 m building,multi-unit development or mixed-use building AdditionalRegulations for Zone Regulation Table 9-2 (1)The regulations within Table 9-2 shall not apply to existing buildings or structures. (2)The maximum building heightshall be 25 metres for a mixed-use building. 9.4VISUAL BARRIER Where a lot zonedCOM abuts a residential zone andnewgross floor area is added to the lot, a visual barrier shall be provided along the abutting lot linein accordance with Section 4.18 of this By-law. 9.5OUTDOOR STORAGE No outdoor storage shall be permitted in any yard abutting a street, or within 7.5 metres of a residential zone. This shall not however prevent the display of goods or materials for retail purposes. City of KitchenerZoning By-law 2019 1 - 189 SECTION 10Page 1of 5 The Employment zonesapply to lands designated General Industrial Employment, Heavy Industrial Employment,and Business Park Employment in the Official Plan 10.1APPLICABLE ZONES EMP-1: Neighbourhood Industrial Employment the purpose of this zoneis to accommodate a limited range of industrial useson lands located within neighbourhoods and/or Major Transit Station Areas. EMP-2: General Industrial Employment the purpose of this zoneis to accommodate a broad range of industrial usesthat are not noxious uses. EMP-3: Heavy Industrial Employment the purpose of this zoneis to accommodate industrial uses, including noxious uses,on lands that are separated from sensitive land uses. This zonealso accommodates usesthat require larger tracts of land for large buildings, materials,and/or products. EMP-4: Service Business Park Employment the purpose of this zoneis to accommodate industrial usesand limited complimentary usesthat support adjacent employment lands. EMP-4zonedlands are located within 450 metres of existing or planned transit corridors. EMP-5: General Business Park Employment the purpose of this zoneis to accommodate a limited range of industrial employment useson lands that are generally located adjacent to EMP-2 and EMP-3 lands to provide a transition from noxioususes. 10.2PERMITTED USES No personshall, within anyEMP zone,useor permit the useof any lot;or erect, alter or useany buildingorstructurefor any purpose other than those permitted useswithin Table 10-1 below. Table 10-1: Permitted Uses within the Employment Zones UseEMP-1EMP-2EMP-3EMP-4EMP-5 Adult Sex Film Theatre (1) Automotive Detailing and Repair Operation (2) Biotechnological Establishment Building Material and Decorating Supply Establishment Bulk Fuel and Oil Storage Establishment Car Wash (3) City of Kitchener Zoning By-law 2019 1 - 190 SECTION 10Page 2of 5 UseEMP-1EMP-2EMP-3EMP-4EMP-5 Catering Service Establishment Commercial Driver and Training Establishment Commercial Vehicle Wash Facility Computer, Electronic,Data Processing, or Server Establishment Craftsperson Shop Crematorium (4)!!!! Day Care Facility (5)(5)(3)(3) Drive-Through Facility ! ExistingResidential Uses Financial Establishment(3) Fitness Centre (5)(5)(3)(3) Garden Centre, Nursery, and/or Landscaping Supply Gas Station Health Clinic (3) Heavy Repair Operation (2)(6)(9)(6)(6) Indoor Recycling Operation Industrial Administrative !!!! Office Major Equipment Supply and Service Manufacturing(2)(6)(7)(7)(7) (6)(7)(9) Office(8) Outdoor Recycling Operation Personal Services (3) Pet Boarding (3)!! Pet Services Establishment (3) Print Shop (3) Printing or Publishing Establishment Propane Facility Propane Retail Outlet!!! Research and Development Establishment Restaurant (5)(5)(3)(3) Restoration, Janitorial,or (6) Security Services Salvage or Scrap Yard City of Kitchener Zoning By-law 2019 1 - 191 SECTION 10Page 3of 5 UseEMP-1EMP-2EMP-3EMP-4EMP-5 Towing Compound(9)! Tradesperson or (6)(6)(6) Contractor's Establishment Truck Transport Terminal(6)(7)(6)(7)(7) Veterinary Services (3) Warehouse(6)(7)(6)(7)(7)(7) Additional Regulations for Permitted Uses Table 10-1 (1)No buildingshall be usedfor an Adult Sex Film Theatreon a lotthat is situated within 300 metres of a day care facility;elementary, secondary or post-secondary schools (including officesof the Waterloo Region DistrictSchool Board);place of worship; officesof the Family and Children Services of Waterloo Region;alotzonedto permit aresidential use;or another loton which an Adult Sex Film Theatreis located. Such distance is to be measured from the closest points of the lot linesassociated with each lot. (2)Despite Section 4.2, retailuses are permitted as accessoryusesand shall be located on the same premisesas the principal useto a maximum of 25 percent of the gross floor areaof the building. (3)Shall be located within a multi-unitbuildingcontaining at least one permitted uselisted in Table 10-1 not subject to this provision. Individual units shall not exceed 1,500 square metres of gross floorarea. (4)Shall not be located within 250 metres of aresidential use, a day care facility, elementaryschool, secondary school or a post-secondary school oralotzonedto permitaresidential use, a day care facility,elementaryschool, secondary school ora post-secondary school. (5)Shall be permitted as an accessory use to at least one permitted uselisted in Table 10-1 not subject to this regulation and shall be located within a multi-unitbuilding containing. Individual units shall not exceed 1,500 square metres of gross floor area. (6)Despite Section 4.2, industrial administrative officeusesare permitted as an accessory useand shall be located on the same premisesas the principal useto a maximum of 25 percent of the gross floor areaof the building. (7)Shall not include a noxious use. (8)Atotal maximum gross floor area of 10,000square metresof officeis permittedon a lot. City of Kitchener Zoning By-law 2019 1 - 192 SECTION 10Page 4of 5 (9)Shall not be located within 14 metres of a residentialzonefor a buildingconstructed with openingsor 7.5metres of aresidentialzonefor abuildingconstructed without openings. 10.3REGULATIONS The regulations for lotsin anEMP zoneare set out in Table 10-2below. Table 10-2: Regulations for Employment Zones RegulationEMP-1(1)EMP-2(1)EMP-3(1)EMP-4(1)EMP-5(1) 22 Minimum lotarea2,000m2,000m Minimum lotwidth12m12m12m25m25m Minimum front yard 6m6m6m6m6m setback Minimum interior 1.5m1.5m1.5m1.5m1.5m side yard setback Minimum exterior 6m6m6m6m6m side yardsetback Minimum rear yard 7.5m7.5m7.5m7.5m7.5m setback Minimum rear yard orsideyard setbackabutting a 1.5m1.5m1.5m1.5m1.5m rail right-of-way or ahydro corridor Minimum setback abutting a residentialzonefor 7.5m7.5m7.5m7.5m abuilding constructed without openings Minimum setback abutting a residentialzonefor 14m14m14m14m abuilding constructed with openings Maximum building heightfor a buildinglocated less than 14m11m11m11m11m11m from a yard abutting a residentialzone City of Kitchener Zoning By-law 2019 1 - 193 SECTION 10Page 5of 5 (1)The regulations within Table 10-2 shall not apply to existing buildings orstructures. 10.4VISUAL BARRIER Where a lot zonedEMP abuts a residential zoneandnew gross floor area is added to the lot, a visual barrier shall be provided along the abutting lot lineinaccordance with Section 4.18of this By-law. 10.5OUTDOOR STORAGE No outdoor storageshall be permitted in anyyardabutting a street, or within 7.5 metres of a residentialzone.This shall nothoweverprevent the display of goods or materials for retailpurposes. 10.6LOCATION OF PARKING SPACES AND LOADING SPACES New parking spacesshall not locate within 7.5 metres of a residential zone. City of Kitchener Zoning By-law 2019 1 - 194 SECTION 11Page 1of 2 The Institutional zonesapply to lands designated Institutional in the Official Plan. 11.1APPLICABLE ZONES INS-1:NeighbourhoodInstitutionalthe purpose of this zoneis to accommodate institutional usesintended to serve surrounding residential communities. INS-2: Major Institutionalthe purpose of thiszoneis to accommodate all types and intensities of institutional usesprimarily intended to serve at city or regional scale. 11.2PERMITTED USES No personshall, within any INS zone,use or permit the use of any lot;or erect, alter or use any building orstructurefor any purpose other than those permitted useswithin Table 11-1 below. Table 11-1: Permitted Uses within the Institutional Zones UseINS-1(1)INS-2(1) Adult Education School Cemetery Community Facility Continuing Care Community Cultural Facility (2) Day Care Facility Elementary School Funeral Home Health Clinic Hospice Hospital Large Residential Care Facility Place of Worship Post-Secondary School Secondary School (2) Small Residential Care Facility Social Service Establishment Additional Regulations for Permitted Uses Table 11-1 (1)Despite Section 4.2, accessoryconvenience retail,office,financial establishment, restaurant,and personal servicesshall be located in the same buildingas the principal use. (2)The maximum gross floor areashall be 6,000 square metres. City of Kitchener Zoning By-law 2019 1 - 195 SECTION 11Page 2of 2 11.3REGULATIONS The regulations for lotsin an INS zoneare set out in Table 11-2 below. Table 11-2: Regulationsfor Institutional Zones RegulationINS-1(1)INS-2(1) Minimum lotwidth15m15m Minimum front yard setbackand minimum 6m4.5m exterior side yard setback Minimum interior side yard setback3m3m Minimum rear yard setback7.5m7.5m Minimum yardsetbackabutting a lotzoned for a low density residential usewith a low 7.5m7.5m rise residential zone Maximum building height14m(2) Maximum floor space ratio1 (3) Minimum landscaped area20%30% Additional Regulations for Zone Regulations Table 11-2 (1)The regulations within Table 11-2 shall not apply to existing buildings orstructures. (2)Abase shall be required for buildings greater than 14 metres in height. The maximum baseheight shall be 14 metres. Portions of a buildinglocated above the baseof the buildingshall have a minimum street linestepbackof 3 metresand a minimum stepbackof 3 metres where the baseabuts alow-rise residential zone. (3)The maximum floor space ratiofor a large residential care facilityor a continuing care communityshall be2. 11.4VISUAL BARRIER Where a lot zonedINS abuts a residential zone and new gross floor area is added to the lot, a visual barrier shall be provided along the abutting lot linein accordance with Section 4.18 of this By-law. 11.5OUTDOOR STORAGE No outdoor storageshall be permitted in an INS zone. City of Kitchener Zoning By-law 2019 1 - 196 SECTION 12Page 1of 2 Agriculture(AGR)Zones The Agriculture zonesapply to lands designated Prime Agriculture in the Official Plan. 12.1APPLICABLE ZONES AGR-1: Prime Agriculture the purpose of this zoneis to protect the land base for agriculture, and support a thriving agricultural industry and rural economy. 12.2PERMITTED USES Nopersonshall, within any AGRzone,useor permit the useof any lotor erect, alter or useany buildingorstructurefor any purpose other than those permitted useswithin Table 12-1 below. Table 12-1: Permitted Uses within the AgricultureZones UseAGR-1 Agriculture Agriculture-Related(1)! Existing Dwelling! On-Farm Diversified Use (1)(2) Second Dwelling Unit(Attached)(2)! Single Detached Dwelling (2) Additional Regulations for Permitted Uses Table 12-1 (1)The total area of land occupied by theuseshall not exceed 2 percent of the total lot area. (2)Shall be permitted as anaccessory use to aprincipal agriculture use on alot. 12.3REGULATIONS The regulations for lotsin an AGRzoneare set out in Table 12-2 below. Table 12-2:Regulations for Agriculture Zones RegulationAGR-1 Minimum Lot Area(1)40 hectares Minimum Lot Width(2)300m Minimum Front Yard10m Minimum Side Yard10m Minimum Rear Yard10m Additional Regulations for Zone RegulationsTable 12-2 (1)Forexisting lotswith a lot areaof less than 40 hectares, the minimumlot areashall be the existing lot area. City ofKitchener Zoning By-law 2019 1 - 197 SECTION 12Page 2of 2 (2)For existinglotswith a lot widthof less than 300 metres, the minimum lot widthshall be the existing lot width. City ofKitchener Zoning By-law 2019 1 - 198 SECTION 13Page 1of 1 Natural Heritage Conservation (NHC) Zones The Natural Heritage Conservation zoneapplies 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 floodplainandfloodway. 13.1APPLICABLE ZONES NHC-1: Natural Heritage Conservation the purpose of this zoneis to protect and/or conserve natural heritage featuresand their ecological functions. Further, it is intended to prevent the aggravation of existing natural hazards and/orthe creation of new ones. 13.2PERMITTED USES No personshall, within any NHCzone,useor permit the useof any lotor erect, alter or useany buildingorstructurefor any purpose other than those permitteduseswithin Table 13-1 below. Table 13-1: Permitted Uses within the Natural Heritage Conservation Zone UseNHC-1 Existing Agriculture Natural Heritage Conservation City ofKitchener Zoning By-law 2019 1 - 199 SECTION 14Page 1of 2 Existing Use Floodplain (EUF) Zones The Existing Use Floodplain zoneapplies to lands designated Natural Heritage Conservation in the Official Plan that are located within the floodwayor floodplainwhere there is existingdevelopment subject to flooding hazards.All lands with the Existing Use Floodplainzoneare subject to the flooding hazard provisions of 17.2.1. 14.1APPLICABLE ZONES EUF-1: Existing Use Floodplain the purpose of this zoneis to recognize existinguses within a floodway or floodplain. 14.2PERMITTED USES No personshall, within any EUFzone,useor permit the useof any lot;or erect, alter or useany buildingorstructurefor any purpose other than those permitted useswithin Table 14-1 below. Table 14-1: Permitted Uses within the Existing Use Floodplain Zones UseEUF-1 Existing uses The same type of useas the existing use Adwellingwith the same or fewerdwelling unitsthan that existingon, and continually usedsince the effective date of this By-lawin a dwelling that was existingon the effective date of this By-law 14.3REGULATIONS The regulations for lotsin an EUFzoneare set out in Table 14-2 below. Table 14-2: Regulations for Existing Use Floodplain Zones RegulationEUF-1 For All Uses Minimum lotwidthExisting lot width For Additions and Alterations to or Replacement of Existing Buildings 25% of existingground floor building Maximum additional building floor area floor area Minimum front yardsetback4.5m Minimum exterior side yardsetback4.5m Minimum interior side yardsetbackfor a 1.2m buildingless than 9 m in height. Minimum interior side yardsetbackfor a 2.5m buildingbetween 9 m and 10.5 m in height. Minimum interior side yardsetbackfor a 6m buildingexceeding 10.5 m in height. City ofKitchener Zoning By-law 2019 1 - 200 SECTION 14Page 2of 2 RegulationEUF-1 Minimum rear yardsetback7.5m 14.4UNDERGROUND PARKING FACILITIES Parking spaces, loading spaces, or drive aislesshall not be located underground. City ofKitchener Zoning By-law 2019 1 - 201 SECTION 15Page 1of 2 Open Space and Recreation (OSR) Zones TheOpen Space and Recreation zonepredominantly applies to lands designated Open Space in the Official Plan, but may be applied to landswithin any land use designation in the Official Plan. . 15.1APPLICABLE ZONES OSR-1: Recreation the purpose of thiszoneis to provide lands for parksandpublic recreational uses and facilities. OSR-2: Open Space:Greenwaysthe primary purpose of this zone is for green space and buffers as part ofa comprehensive and connected open space system. OSR-2lands may becomprisedof lands not used for park or active recreational purposes butwhich form part of the overall open space system. OSR-3: Open Space: Stormwater Managementthe purpose of this zone is for lands to beused primarily for stormwater management facilities. 15.2PERMITTED USES No personshall, within any OSRzone,useor permit the useof any lot;or erect, alter or useany buildingorstructurefor any purpose other than those permitted useswithin Table 15-1 below. Table 15-1: Permitted Uses within the Open Space and RecreationZone UseOSR-1OSR-2OSR-3 Cemetery Community Facility Outdoor Active Recreation!! Outdoor Passive Recreation !! Stormwater Management !!! Facility 15.3REGULATIONS The regulations for lotsin a OSRzonesare set out in Table 15-2 below. Table 15-2: Open Space and Recreation Zone Regulations RegulationOSR-1OSR-2OSR-3 Minimum front yardsetback6m7.5 m7.5 m Minimum interior side yard 6m7.5 m7.5 m setback Minimum exterior side yard 6m7.5 m7.5 m setback City ofKitchener Zoning By-law 2019 1 - 202 SECTION 15Page 2of 2 7.5 m or one- half the building Minimum rear yardsetbackheight,7.5 m 7.5 m whichever is greater. Minimum setbackof any principalbuildingfrom a6m7.5 m7.5 m residential zone City ofKitchener Zoning By-law 2019 1 - 203 SECTION 16Page 1of 1 Major Infrastructure and Utility (MIU) Zones The Major Infrastructure and Utility zoneapplies to lands designated Major Infrastructure and Utility in the Official Plan. 16.1APPLICABLE ZONES MIU-1: Major Infrastructure and Utility the purpose of this zoneis to provide for large scale infrastructure and utilitiesfor publicuses. 16.2PERMITTED USES No personshall, within any MIU zone,useor permit theuseof any lotor erect, alter or use any buildingorstructurefor any purpose other than those permitted uses within Table 16-1 below. Table 16-1: Permitted Uses within the Major Infrastructure and UtilityZones UseMIU-1 Electrical Transformer Station Public Works Yard! Transportation Facility! Waste Management Facility! Waterand Wastewater Treatment Facility ! 16.3REGULATIONS The regulations for lotsin a MIU zoneare set out in Table 16-2 below. Table 16-2:Major Infrastructure and UtilityZoneRegulations RegulationMIU-1 Minimum front yard setback7.5 m Minimum exterior side yard setback6 m Minimum interior side yard setback6m Minimum rear yard setback7.5 m Minimum front yard,side yard,and rear yard setbackabutting a 15 m residential zone 16.4VISUAL BARRIER Where a lotzoned MIUabuts a residentialzone,a visual barrier shall be provided along the abutting lot line in accordance with Section 4.18 herein. 16.5OUTDOOR STORAGE No outdoor storage shall be permitted inany yard abutting a street, or within 7.5 metres of a residential zone. City ofKitchener Zoning By-law 2019 1 - 204 SECTION 17Page 1of 3 Overlays Overlays modify other provisions of this By-law for specific lots. All other provisions of this By-law shall continue to apply. In the event of a conflict between the overlay and any other section of this By-law, the overlay will supersede only to the extent of the conflict. 17.1APPLICABLE OVERLAYS Flooding Hazard-the purpose of this overlay is to identify lands that are susceptible to flooding hazards and prevent injury or the loss of life,minimize property damage and social disruption, andthe aggravation of existinghazards and the creation of new ones. Slope Erosion Hazard-the purpose of this overlay is to identify lands that are susceptible to slope erosion hazards and prevent injury or the loss of life,minimize property damage and social disruption, and the aggravation of existing hazards and the creation of new ones. Significant Wildlife Habitat and Significant Landforms-the purpose of this overlay is to identify lands within Significant Wildlife Habitat and Significant Landforms that aresubject to an Environmental Impact Studyor other appropriate study prior to development, redevelopment, or site alteration. Ecological Restoration Areas-the purpose of this overlay is to identify lands within Ecological Restoration Areas that are subject to an Environmental Impact Studyor other appropriate study prior to development, redevelopment, or site alteration. 17.2REGULATIONS 17.2.1Flooding Hazard a)Despiteanything else in this By-law, the following uses shall not be permitted to locate within lands shown as affected by the Flooding Hazard Overlay: i)aninstitutional usewhich shall includeahospital,elementaryschool, secondary school,day care facility, small residential care facility,andlarge residential care facility: ii)anessential emergency servicesuch as that provided by fire, police, and ambulance stations;and electrical substations; iii)ausewith outdoor storageof any materials, either temporary or permanent; or, iv)ausewith the disposal, manufacturing, treatment, or storage of hazardous chemicals and/or substances. City ofKitchener Zoning By-law 2019 1 - 205 SECTION 17Page 2of 3 b)Despite anything else in this By-law, within lands shown as affected by the Flooding Hazard Overlay, prior to the development of any land, interference with wetlands,or alterations to shorelines or watercourses in accordance with the underlying zone, a permit shall be obtained from the Grand River Conservation Authority, where required by said Authority, in accordance with the applicable regulationapproved under the Conservation Authorities Act. c)Despite anything else in this By-law, within lands shown as affected by the Flooding Hazard Overlay, prior to newdevelopment, expansions, or alterations in accordance with the underlying zone,floodproofing standardsand/or protection works standards shall be implemented. 17.2.2Slope Erosion Hazard a)Despiteanything else in this By-law, the following usesshall not be permitted to locate within landsshown as affected by theSlope Erosion Hazard Overlay: i)aninstitutional usewhich shall includeahospital,elementaryschool, secondary school,day care facility, small residential care facility,andlarge residential care facility: ii)anessential emergency servicesuch as that provided by fire, police, and ambulance stations;and electrical substations; iii)ausewith outdoor storageof any materials, either temporary or permanent; or, iv)ausewith the disposal, manufacturing, treatment, or storage of hazardous chemicals and/or substances. b)Despite anything else in this By-law, within lands shown as affected by the Slope Erosion Hazard Overlay, prior to development, redevelopment,or site alterationin 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 standards; ii)development, redevelopment,orsite alterationis carried out in accordance with Protection Works Standards, and access standards; iii)vehicles and personshave a way of safely entering and exiting the area during the times of erosion and other emergencies; iv)new hazards are not created and existing hazards are not aggravated; v)no adverse environmental impacts will result; and, City ofKitchener Zoning By-law 2019 1 - 206 SECTION 17Page 3of 3 vi)apermit shall be obtained from the Grand River Conservation Authority, where required by said Authority, in accordance with the applicable regulationapproved under the Conservation Authorities Act. c)Despite anything else in this By-law, within lands shown as affected by the Slope Erosion Hazard Overlay, prior to any development or site alterationassociated with existinguseswithin 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 buildingor structureis located in the area of least risk; iii)there is no impact on existing or future slope stability and bank stabilization or erosion protection works are not required; iv)access for maintenance or emergency purposes is not prevented; and, v)where unavoidable, impacts on natural heritage features or ecological functions are minimized,and appropriate mitigative and remedial measures will adequately enhance or restore features and functions. 17.2.3Significant Wildlife Habitat and Significant Landforms Despite anything else in this By-law,within lands shown as affected by the Significant Wildlife Habitat and Significant Landforms overlay, any development, redevelopment, or site alterationin accordance with the underlying zonewill be subject to an Environmental Impact Studyor other appropriate study. 17.2.4Ecological Restoration Areas Any development, redevelopment or site alterationin accordance with the underlying zone will be subject to an Environmental Impact Studyor other appropriate study. City ofKitchener Zoning By-law 2019 1 - 207 SECTION 18Page 1of 2 Transition Provisions 18.1GENERAL TRANSITION MATTERS Subject to Section 1.4 and except as provided in Sections 18.2and18.3, the provisions of this By-law will otherwise apply. 18.2COMPLETEAPPLICATION TRANSITION MATTERS a)For the purposes of this Section: i)complete applicationmeans 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. ii)complied with the provisions of By-law Number 85-1means: a.the land, building, or structurefully complies with the provisions of By-LawNumber 85-1as it existed immediately before the effective date of this By-law; or, b.the land, building, or structurefully complies with aminor variance from the provisions of By-law Number 85-1 which wasapprovedon orafter January 1, 2017. b)Despite Sections 1.7 and1.8, nothing in this By-law applies to prevent the issuance of any buildingpermit where: i)acomplete application for such buildingpermit was made on or before the effective dateof this By-law and said complete applicationcomplied with the provisionsofBy-law Number 85-1; or, ii)acomplete application for such buildingpermit was made afterthe effective date of this By-law andis in respect of alotto which Subsections c), d)or e)apply andthe said complete application complied with the provisions of By-law Number 85-1; c)Despite Sections 1.7 and 1.8, nothing in the By-law applies to prevent the issuance of any: i)site plan control approval whereacomplete application for such site plan control approval was made on or before the effective dateof this By-law and the said complete application complied with the provisions of By-law 85-1. City ofKitchener Zoning By-law 2019 1 - 208 SECTION 18Page 2of 2 ii)approval ofaminormodification,as determined by the Director of Planning or designate,to an approved site plan which was approved on or after January 1, 2017where acomplete application for such modificationwas made afterthe effective date of this By-law and the said complete application complied with the provisions of By-law 85-1. d)Despite Sections 1.7 and 1.8, nothing in the By-law applies to prevent the issuance of the final approval of a plan of subdivision where draft approval for such plan of subdivision was finally granted. e)Despite Sections 1.7 and 1.8, nothing in the By-law applies to prevent the issuance of the final approval of a plan of condominium where: i)draft approvalfor such plan of condominium was finally granted; or, ii)A complete application for plan of condominiumwas made afterthe effective date of this By-lawandis in respect of alotto which Subsection b)appliesandthe said complete application complied with the provisions of By-law Number 85-1; 18.3TRANSITION SUNSET CLAUSE Sections 18.1 to 18.3 are automatically repealed on the third anniversary of the effective date of this By-law, and the provisions of Section 34(9) of the Planning Actshall thereafter apply in respect of any buildings,structures, or usesestablished or erected pursuant to any such complete application. City ofKitchener Zoning By-law 2019 1 - 209 SECTION 19 Site Specific ProvisionsPage 1 Site Specific Provisions 19.1SITE SPECIFIC PROVISIONS Site specific provisions modify other provisions of this By-law for specific lots. All other provisions of this By-law shall continue to apply. In the event of a conflict between a site specific provision and any other Section of this By-law, the site specific provision will supersede only to the extent of the conflict. City ofKitchener Zoning By-law 2019 1 - 210 SECTION 19 Site Specific Provisions(73) (73)Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 144, 145, 215, 216, 243, 244, 259, 260, 279, 280, 281, 282, 286, 287, 288, 296, and 297 of Appendix A, a golf courseshall also be permitted and no building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property with a low-rise residential zone(73)Within the lands zoned NHC-1 and shown as affected by this provision on Zoning GridSchedule 144, 145, 215, 216, 243, 244, 259, 260, 279, 280, 281, 282, 286, 287, 288, 296, and 297 of Appendix A, a golf courseshall also be permitted and no building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property zoned for a low density residential use. City of Kitchener Zoning By-law 2019 1 - 211 SECTION 19 Site Specific Provisions(80) (80)Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid Schedule 15, 16, 37, 38, 144, 145, 172, 280, 243, 244, 259, 279, 281, 282, 286, 287 and 288 of Appendix A, the following shall apply: a)The following usesare also permitted: i)Golf course ii)Curling Rink or Arena (1) iii)Swimming Facility (1) iv)Tennis Facility (1) b)No building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property zoned for a low densityresidential use. (1)Shall be subordinate to and located on the same premises as a golf course. (80)Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid Schedule 15, 16, 37, 38, 144, 145, 172, 280, 243, 244, 259, 279, 281, 282, 286, 287 and 288 of Appendix A, the following shall apply: a)The following usesare also permitted: a.Golf course b.Curling Rink or Arena (1) c.Swimming Facility (1) d.Tennis Facility (1) b)No building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property with a low rise residential zone. (1) Shall be subordinate to and located on the same premises as a golf course. City of Kitchener Zoning By-law 2019 1 - 212 Appendix A Zoning Grid Schedules Appendix AZoning Grid Schedules City ofKitchener Zoning By-law 2019 1 - 213 Appendix B Grand River Conservation Authority Regulated Area Appendix BGrand River Conservation Authority Regulated Area City ofKitchener Zoning By-law 2019 1 - 214 Appendix B City of KitchenerGrand River Conservation Authority Regulated Area GRCA Regulation Limits Development, interference with wetlands, or alterations to shorelines or watercourses within the Grand River Conservation Authority regulated areas will require a permit from the Grand River Conservation Authority in accordance with the applicable regulation approved under the Conservation Authorities Act. The actual regulated area may differ from the area shown, which is shown for illustrative purposes and the regulated area, as determined by the Grand River Conservation Authority, shall prevail. METRIC SCALE1:80,000 05001,0002,000 1 - 215 March 19, 2019 Meters Appendix C - Central Neighbourhoods B L V E S D R Y A W R I A F 05001,0002,000 Central Neighbourhoods 1 - 216 Meters Appendix D B L V E S D R Y A W R I A F 05001,0002,000 Lands Identified in Appendix D 1 - 217 Meters RES-7 RES-6 RES-5 RES-4 RES-3 RES-2 RES-1 ********* R-9 ****** R-8 ExistingExisting **** R-7 **** R-6 ***** R-5 *** R-4 **** Permitted Uses Comparison - Residential Zones R-3 DSD-19-233 Appendix G - comparison of RES and R zones **** R-2 ** R-1 New Zoning By-law Permitted Use in RES Zones Single Detached DwellingAdditional Dwelling Unit, Attached Additional Dwelling Unit, Detached Semi-Detached DwellingTownhouse Dwelling, Street Townhouse Dwelling, ClusterMultiple DwellingLodging HouseHospiceResidential Care Facility, SmallResidential Care Facility, LargeArtisan’s EstablishmentCommunity FacilityConvenience RetailDay Care FacilityFinancial EstablishmentHealth OfficeHome OccupationOfficePersonal ServicesHome OccupationStudioDay Care Facility Zoning By-law 85-1 Permitted Use in R Zones Residential UsesSingle Detached DwellingDuplex DwellingCoach House Dwelling UnitSemi-Detached DwellingStreet Townhouse DwellingMultiple DwellingLodging HouseResidential Care FacilityNon-Residential UsesN/AN/AConvenience RetailDay Care FacilityFinancial EstablishmentN/AHome BusinessOfficePersonal ServicesPrivate Home Day CareN/A *Additional regulations on this use apply. Please see respective zoning bylaw for more detail.For convenience only.Please see Draft Zoning By-law (Residential) for a full description of uses, definitions and regulations. 1 - 218 RES-7RES-7 n RES-6RES-6 22 33 (3a)(1a) 9.0m1.2m7.5m7.5m1.2m7.5m 12.8m11.0m12.0m11.0m 235m235m RES-5RES-5 55%(4)55%(2) 4.5m(3)4.5m(1) 22 33 (3a)(1a) 9.0m1.2m7.5m7.5m1.2m7.5m 12.0m 12.8m11.0m11.0m 235m260m RES-4RES-4 55%(4)55%(2) 4.5m(3)4.5m(1) 22 33 (3a)(1a) 9.3m 1.2m7.5m1.2m7.5m 12.0m 10.5m13.8m11.0m11.0m 288m235m RES-3RES-3 55%(4)55%(2) 4.5m(3)4.5m(1) ne 2 3 (3a) 1.2m7.5m 13.7m15.0m11.0m 411m RES-2RES-2 55%(4) 4.5m(3) 3 (3a) 3.0m7.5m 11.0m RES-1RES-1 55%(4) 6.0m(3) 24.0m(2)24.0m(2) 929m2(1) R-9R-9 R-8R-8 22 R-7R-7 9.0m4.5m7.5m7.5m4.5m1.2m7.5m 55%* 55%* 1.2m* 15.0m10.5m12.5m10.5m 235m235m 22 R-6R-6 9.0m4.5m7.5m7.5m4.5m1.2m7.5m 55%* 55%* 1.2m* 15.0m10.5m12.5m10.5m 235m235m 22 R-5R-5 9.0m4.5m7.5m7.5m4.5m1.2m7.5m 55%* 55%* 1.2m* 15.0m10.5m12.5m10.5m 235m235m 22 R-4R-4 9.0m4.5m7.5m7.5m4.5m1.2m7.5m 55%* 55%* 1.2m* 15.0m10.5m12.5m10.5m 235m235m Regulation Comparison - Residential Zones 2 R-3R-3 DSD-19-233 Appendix G - comparison of RES and R zones 4.5m1.2m7.5m 55%* 13.7m15.0m10.5m 411m 2 R-2R-2 4.5m1.2m7.5m 55%* 24.0m24.0m10.5m 929m R-1R-1 7.5m3.0m 55%* 0.4ha 30.0m30.0m10.0m10.5m ne lands identified in Appendix D, notwithstanding the minimum front yard required in any zone, the minimum front yard is the average front yard minus one metre. In all other cases the minimum front yard shall be i lands identified in Appendix D, notwithstanding the minimum front yard required in any combined total of 55 percent for all buildings and structures on the lot. Accessory buildings or he regulations within Table 7-3 shall not apply to existing buildings or structures. combined total of 55 percent for all buildings and structures on the lot. Accessory buildings or structures, whether attached or detached, and additional dwelling units (detached) shall not exceed 15 percent. he minimum lot area shall be 0.4 hectares on lots without full municipal services.he minimum lot width shall be 30.0 metres on lots without full municipal services.otwithstanding the forgoing, no part of any building used to accommodate off street parkinghe regulations within Table 7-2 shall not apply to existing buildings or structures AT one, the minimum front yard is the average front yard minus one metre.hall be located closer than 6.0 m to the street li A For n all other cases, the minimum front yard shall be in accordance with this table. TTForT zINs ceed 15 percent. cordance with this table. Notwithstanding the forgoing, no part of any building used to accommodate off street parking shall be located closer than 6.0 m to the street li tructures, whether attached or detached, and additional dwelling units (detached) shall not 3a) For lands identified on Appendix D, the maximum front yard shall be the average front yard sex Regulation Min Lot AreaMin Lot WidthMin Corner Lot WidthMin Front Yard Setback or Exterior Side Yard SetbackMin Front YardMin Interior Side Yard Setback Min Rear Yard SetbackMax Lot CoverageMax Building HeightMax number of storeys(1)(2)(3)( plus one metre. In all other cases there is no maximum front yard.(4)(5)Regulation Min Lot AreaMin Lot WidthMin Corner Lot WidthMin Front Yard Setback or Exterior Side Yard SetbackMin Interior Side Yard SetbackMin Front YardMin Rear Yard SetbackMax Lot CoverageMax Building HeightMax number of storeys1)ac(1a) For lands identified on Appendix D, the maximum front yard shall be the average front yard plus one metre. In all other cases there is no maximum front yard.(2)(3) Single Detached DwellingsSemi-Detached Dwelling Unit *Additional regulations apply. Please see zoning bylaw 85-1 for more detail.Please see Draft Zoning By-law (Residential) for a full description of uses, definitions and regulations. 1 - 219 RES-7RES-7 285 (5) 20% 3.0m4.5m4.5m 2.0(1) 19.0m25.0m RES-6 525m2 0.6(1)(4) RES-6(3) 2 336 (2)(5) 0.6 (1a) 20% 5.5m9.5m2.5m7.5m4.5m4.5m6.0m 19.0m11.0m 11.5m11.0m 148m RES-5 525m2 55%(3) 4.5m(1) RES-5(3) 2 3 (2) (1a) 6.0m2.5m7.5m 10.0m12.0m11.0m 148m RES-4RES-4 55%(3) 4.5m(1) (1a) RES-3RES-3 RES-2RES-2 RES-1RES-1 2 ** 8m6m1.04.0 R-9R-9 20% 5.5m4.5m7.5m4.5m7.5m 15m* 15.0m 148m 2 ** 8m0.62.0 R-8R-8 6m* 20% 5.5m4.5m7.5m4.5m7.5m 15m* 55%* 15.0m24.0m 148m 2 ** 8m1.0 R-7R-7 6m* 20% 5.5m4.5m7.5m4.5m7.5m 55%* 12.5m10.5m15.0m24.0m 148m 2 ** 8m0.6 R-6R-6 20% 5.5m4.5m7.5m4.5m2.5m7.5m 55%* 12.5m10.5m15.0m10.5m 148m 2 3 R-5R-5 20% 4.5m7.5m 1.2m* 15.0m10.5m 495m R-4R-4 Regulation Comparison - Residential Zones R-3R-3 DSD-19-233 Appendix G - comparison of RES and R zones R-2R-2 R-1R-1 Regulation Min Lot AreaMin Lot Width (Internal Unit)Min Lot Width (External Unit)Min Corner Lot WidthMin Front Yard Setback or Exterior Side Yard SetbackMin Front YardMinimum Interior Side Yard SetbackMin Rear Yard SetbackRear Yard AccessMax Lot CoverageMax Building HeightMax number of storeys1) For lands identified in Appendix D, notwithstanding the minimum front yard required in any zone, the minimum front yard is the average front yard minus one metre. In all other cases the minimum front yard shall be in accordance with this table. Notwithstanding the forgoing, no part of any building used to accommodate off street parking shall be located closer than 6.0 m to the street line (1a) For lands identified on Appendix D, the maximum front yard shall be the average front yard plus one metre. In all other cases there is no maximum front yard.(2) Each dwelling unit shall have an unobstructed access at grade or ground floor level, having a minimum width of 0.9 metres, from the front yard to the rear yard of the lot either by: a) direct access on the lot without passing through any portion of the dwelling unit; or, b) direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not separated by a door to any such room; or,c) access over adjacent lands which, if the lands are not owned by the City of Kitchener or the Regional Municipality of Waterloo, is secured by a registered easement. (3) A combined total of 55 percent for all buildings and structures on the lot, of which the habitable portion of the principal dwelling shall not exceed 45 percent and accessory buildings or structures, whether attached or detached, shall not exceed 15 percent.(4) The regulations within Table 7-4 shall not apply to existing buildings or structuresRegulation Min Lot AreaMin Lot WidthMin Front Yard Setback or Exterior Side Yard SetbackMin Interior Side Yard SetbackMin Rear Yard SetbackMin Landscaped AreaMin Floor Space RatioMax Floor Space RatioMin Number of Storeys Max Building HeightMax number of storeysMin number of dwelling unitsMax number of dwelling unitsPrivate Patio Area(1) Combined total Floor Space Ratio of all uses on the lot. (2) For each dwelling unit located at ground floor level, an exclusive use patio area adjacent to the dwelling unit with direct access to such dwelling unit shall be provided(3) The regulations within Table 7-5 shall not apply to existing buildings or structures.(4) Individual buildings will not be required to achieve the minimum floor space ratio where there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio. Street Townhouse Dwelling Units Cluster Townhouse Dwelling Units *Additional regulations apply. Please see zoning bylaw 85-1 for more detail.Please see Draft Zoning By-law (Residential) for a full description of uses, definitions and regulations. 1 - 220 35 (5)(3) 20% 2.0(3)4.0(3) 30.0m 3.0m(2)4.5m(2)7.5m(2) RES-7(6) 600m2(4) 285 (3) 20% 0.6(3)2.0(3) 15.0m25.0m 3.0m(2)4.5m(2)7.5m(2) RES-6(6) 600m2(4) 2 3 (3) 0.6 20% 4.5m3.0m7.5m 11.0m 495m 19.0m(1) RES-5(6) 2 34 (3) 0.6 20% 4.5m3.0m7.5m 15.0m11.0m 495m RES-4(6) RES-3 RES-2 RES-1 ** 6m1.04.0 R-9 20% 4.5m7.5m 15.0m * 0.62.0 R-8 6m* 20% 4.5m7.5m 15.0m24.0m * 1.0 R-7 6m* 20%24m 4.5m7.5m 15.0m * 0.6 R-6 20% 4.5m2.5m7.5m 15.0m10.5m 2 3 R-5 20% 4.5m7.5m 1.2m* 15.0m10.5m 495m R-4 Regulation Comparison - Residential Zones R-3 DSD-19-233 Appendix G - comparison of RES and R zones R-2 R-1 Regulation Min Lot AreaMin Lot WidthMin Front Yard Setback or Exterior Side Yard SetbackMin Interior Side Yard SetbackMin Rear Yard SetbackMin Landscaped AreaMin Floor Space RatioMax Floor Space RatioMin Number of Storeys Max Building HeightMax number of storeysMin number of dwelling unitsMax number of dwelling unitsPrivate Patio AreaMax Gross Floor Area of Individual Non-Residential Use(1) A multiple dwelling up to 4 dwelling units shall have a minimum lot width of 15.0m(1) A multiple dwelling up to 4 dwelling units shall have a minimum lot width of 15.0m(2) Combined total Floor Space Ratio of all uses on the lot. (3) For multiple dwellings with 4 dwelling units or more, each dwelling unit located at ground floor level shall have an exclusive use patio area adjacent to the dwelling unit with direct access to such dwelling unit.(4) The total gross floor area of all non-residential uses shall not exceed 25% of the total gross floor area on a lot.(5) The maximum building height shall be 25 m within 15 m of a lot with a (RES-6) Medium Rise Residential Six Zone(6) The regulations within Table 7-6 shall not apply to existing buildings or structures(7) Individual buildings will not be required to achieve the minimum floor space ratio where there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio. Multiple Dwellings and Non-Residential Uses *Additional regulations apply. Please see zoning bylaw 85-1 for more detail.Please see Draft Zoning By-law (Residential) for a full description of uses, definitions and regulations. 1 - 221 RES-7 RES-6 RES-5 RES-4 RES-3 RES-2 RES-1 Shall be in accordance with the regulations of the RES Zone and dwelling type in which the lodging house, hospice, small residential care facility or large residential care facility is located. R-9 R-8 R-7 R-6 R-5 R-4 Regulation Comparison - Residential Zones R-3 DSD-19-233 Appendix G - comparison of RES and R zones R-2 R-1 In accordance with the regulations of the dwelling type in which such facility is located.* Regulation Regulations and Large Residential Care Facility Lodging House, Hospice, Small Residential Care Facility *Additional regulations apply. Please see zoning bylaw 85-1 for more detail.Please see Draft Zoning By-law (Residential) for a full description of uses, definitions and regulations. 1 - 222 PLANNING & STRATEGIC INITIATIVES COMMITTEE Page 1 UNFINISHED BUSINESS2019-10-22 SUBJECT (INITIATOR)DATE TARGETSTAFF INITIALLYDATE/STATUSASSIGNED CONSIDERED Financial implications analysis of enhanced 2012-06-18Future PSI B.Sloan streetscape options for Fischer Hallman Rd design (PSI)Meeting improvements (over and above baseline capital and operating budgets) IF1 - 1