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