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HomeMy WebLinkAboutDSD-2024-009 - Growing Together - Heritage Implementation Measures Development Services Department www.kitchener.ca REPORT TO: Heritage Kitchener DATE OF MEETING: January 9, 2024 SUBMITTED BY: Garett Stevenson, Director, Housing and Development Approvals, 519-741-2200 ext. 7070 PREPARED BY: Jessica Vieira, Heritage Planner, 519-741-2200 ext. 7291 WARD(S) INVOLVED: Wards 9 & 10 DATE OF REPORT: December 11, 2023 REPORT NO.: DSD-2024-009 SUBJECT: Growing Together Heritage Implementation Measures RECOMMENDATION: For information. REPORT HIGHLIGHTS: The purpose of this report is to inform Heritage Kitchener and Council on the recommended approach to continued cultural heritage conservation through the Growing Together project and the proposed policy changes intended to further cultural heritage measures. The key finding of this report is that the proposed Official Plan policy and zoning by-law changes are not anticipated to result in loss of cultural heritage resources. The existing heritage tools currently in use including Heritage Conservation District Plans, designation, and the ability to request heritage studies in certain situations - remain in effect. Further, the proposed Official Plan amendments include the introduction of new policies intended to implement and protect cultural heritage landscapes. There are no financial implications. In November 2023 three drop in sessions were held and materials were posted on the Growing Together engage page for the community and stakeholders to review draft Official Plan and Zoning By-law amendments. These amendments included proposed policy changes intended to further cultural heritage conservation measures. Community engagement also includes consultation with the Heritage Kitchener Committee. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: Kitchener is growing, and much of that growth is centred around the ION LRT system and its associated stations. These areas are identified as Protected Major Transit Station Areas (PMTSAs) by the Region of Waterloo. Directing development to well-serviced areas contributes to sustainable city-building, creates complete communities, and provides the have unique provincial and regional policies, with intensification around transit being a core fundamental principle To implement these policies, the City of Kitchener has launched Growing Together, a continuation of the ongoing planning review process that began with Planning Around Rapid Transit Stations (PARTS) and advanced through the Neighbourhood Planning Review (NPR) project. Growing Together involves updates to the , including necessary updates to cultural heritage policies such as the implementation of cultural heritage landscapes located wholly within the PMTSAs outlined below. While the Regional Official Plan identified a total of 10 PMTSAs, Growing Together focuses on seven areas west of the expressway (Figure 1). The seven PMTSAs are as follows: Grand River Hospital; Central Station Innovation District; Victoria Park & Kitchener City Hall; Frederick & Queen; Kitchener Market; Borden; and Mill. Figure 1: Growing Together the 7 Protected Major Transit Station Areas REPORT: There are two Heritage Conservation Districts (HCDs) whose boundaries overlap with the Conservation District and the Civic Centre Neighbourhood Heritage Conservation District (Figure 2). Figure 2: The HCD's (identified in red) within the boundaries of Growing Together that have properties located within the PMTSAs (Figure 5): Rockway Gardens Gildner Green Neighbourhood Gruhn Neighbourhood Mount Hope Cemetery Union Boulevard Iron Horse Trail Canadian National Railway Line Victoria Park Neighbourhood Victoria Park Jubilee Drive Cedar Hill and Schneider Creek Neighbourhood Onward Avenue Neighbourhood Fire Mennonite Cemetery St Peters Lutehran Cemetery. Official Plan Amendments Through the Growing Together project, Planning Staff are proposing the application of new land use designations to the PMTSAs using several different evaluation criteria. The policies of the HCD Plans and consideration towards the protection of CHLs formed part of this evaluation criteria. The land use proposed within the HCDs is primarily Strategic Growth Area A (SGA-A) (Figure 4). This proposed land use limits new buildings to low and mid-rise forms and is appropriate for existing low-rise, predominately residential neighbourhoods. Building heights are limited to eight storeys, and development proposals for buildings over this height allowance will require an Official Plan Amendment. Compatible non-residential uses are permitted within this designation, such as small shops and personal services. Figure 3: Strategic Growth Area A (SGA-A) with approximate locations of HCD's Compatibility with Heritage Conservation Districts The Civic Centre Neighbourhood and Victoria Park Area HCDs are comprised primarily of low-rise dwellings that are residential in use and provide for a human scale. There are some specific areas, focused mainly around the perimeters of the districts, that have been redeveloped for higher-rise forms of housing or converted to office and commercial uses. The SGA-A land use is proposed to allow for development that is appropriate for and continues to support the identified characteristics of the HCDs. This includes modest infill, integrated redevelopment, or development on the few sites where new buildings can be constructed without the demolition of existing structures. No loss of cultural heritage resources is anticipated as a result of Growing Together. The existing heritage tools currently in use including HCD Plans and the policies within that direct how development should occur, designation, and the ability to request heritage studies in certain situations - remain in effect. Further, Growing Together has introduced additional Official Plan policies and refined existing ones to ensure continued compatibility between the Official Plan and policies and guidelines of the . Among other things, anew policy is proposed which outlines that should conflict between the policies of the Official Plan and policies of a HCD Plan occur, then the HCD plan prevails. This new policy is in accordance with the policies of the Ontario Heritage Act. Cultural Heritage Landscape Policies In addition to ensuring compatibility with designated heritage resources, the amendments proposed through Growing Together will also implement greater recognition and protection of CHLs. CHLs can be defined as geographical areas that may have been modified by human activity and that are identified as having cultural heritage value or interest by a community. Through the Kitchener Cultural Heritage Landscape Study prepared by the Landplan Collaborative Ltd. in 2014 and approved by Council in 2015, an inventory of 55 CHLs were identified. Through the Lower Doon Land Use Study Implementation Project completed in 2023, one of those CHLs has been implemented. Growing Together will implement 14 additional CHLs that are within its boundaries, by identifying them on Map 9a (Figure 5) and introducing new policies within the Official Plan. By identifying the CHLs on Map 9a, the submission of heritage studies, including Heritage Impact Assessments and/or Heritage Conservation Plans, can be required for development, redevelopment, and site alteration of a property within a CHL. This is a key policy that will now be able to be implemented across 14 CHLs as work on detailed CHL specific policies continues. The new polices also outline requirements for the design of developments or redevelopment within a CHL to support, maintain, and enhance major characteristics and attributes and be compatible with the existing area. Figure 4: Map 9a of the Official Plan - Cedar Hill Cultural Heritage Landscape Implementation Through a comprehensive review and analysis of the Cedar Hill and Schneider Creek Neighbourhood CHL, process, detailed polices have been developed and are proposed to be implemented through Growing Together. These policies identify gateway locations and significant views or vistas within the CHL. At the key gateway locations, careful consideration of built form is encouraged to protect and enhance the CHL during development or redevelopment. Appropriate transitions, building height, and setbacks are encouraged to contribute to and enhance the pedestrian experience and enjoyment of the area. As noted above, detailed review and analysis for the remaining 13 CHLs is scheduled to be completed at a later date. The formulation of CHL-specific policies, like those proposed for the Cedar Hill and Schneider Creek Neighbourhood, requires a complete and holistic understanding of the unique attributes and characteristics of each CHL. In the interim, by identifying the 14 CHLs within the Official Plan, relevant heritage studies can be required through the development review process. The additional review and analysis of the CHLs within the PMTSAs, along with a review of the remaining CHLs will commence in 2025 once the current review of properties on the Municipal Heritage Register is completed in 2024. Zoning By-law Amendments Growing Together determined the application of new zones within the PMTSAs using several different evaluation criteria. The policies of the HCD Plans and consideration towards the protection of cultural heritage landscapes formed part of this evaluation criteria. The new zoning proposed for the HCDs is primarily low-rise, with limited select areas identified as being appropriate for the zones that support medium or high-rise development. Strategic Growth Area One (SGA1) Zone The SGA-1 zone permits low-rise building forms and have a maximum height allowance of 11 metres (three storeys). Other fundamental regulations that apply to this zone include minimum lot widths and areas dependent on building size and unit counts and minimum setbacks. There are no minimum parking requirements. The SGA-1 zone is intended to support missing middle infill housing and complementary non-residential uses such as small shops, cafes, and home businesses. The majority of the lands within the Civic Centre Neighbourhood HCD and the existing residential neighbourhoods to the northwest of the Victoria Park Area HCD are proposed to be this zone. This zoning is proposed to apply to some parts of the Cultural Heritage Landscapes. With the proposed amendments to the Official Plan, Heritage Impact Assessments and/or Heritage Conservation Plans can now be required for development, redevelopment, and site alteration of properties within a CHL even if the property is not listed or designated. Figure 5: Strategic Growth Area One (SGA-1) Zone with approximate locations of HCDs Strategic Growth Area Two (SGA-2) Zone The SGA-2 zone permits mid-rise building forms and has a height allowance of up to 8 storeys. Other fundamental regulations of the SGA-2 zone includes minimum lot widths and areas dependant on the size of the building, stepback requirements for upper storeys of the buildings, yard setbacks of 3.0 metres, and the provision of set amounts of landscaping and amenity space. There are no minimum parking requirements. The SGA-2 zone is intended to support missing middle and mid-rise infill housing along with a range of non-residential uses such as offices, shops, and services. The exterior areas of the Civic Centre Neighbourhood HCD primarily those properties which front onto Weber Street are proposed to be zoned SGA-2. There are few areas within the Victoria Park area proposed for this zone. This zoning is proposed to apply to some parts of the Cultural Heritage Landscapes. With the proposed amendments to the Official Plan, Heritage Impact Assessments and/or Heritage Conservation Plans can now be required for development, redevelopment, and site alteration of properties within a CHL even if the property is not listed or designated. Figure 6: Strategic Growth Area Two (SGA-2) Zone with approximate locations of HCDs Strategic Growth Area Three (SGA-3) Zone TheSGA-3 zone permitshigh-rise building forms and have a height allowance of up to 25 storeys. Other fundamental regulations of this zone include minimum lot widths and areas dependent on building size, minimum yard setbacks of 3 metres or greater when adjacent to a low-rise zone, and the provision of set amounts of amenity space. There are no minimum parking requirements. The SGA-3 zone is intended to support missing middle, mid-rise, and high-rise housing along with a full range of non-residential uses. There are limited areas within the HCDs that are proposed to be zoned SGA-3. The SGA- 3 zone is proposed to be applied primarily along the Queen Street South corridor within the Victoria Park Area HCD. The Queen Street South corridor is identified as an area of intensification and transition within the Victoria Park Area HCD Plan, with higher rise building forms already present. Examples include 150 Queen Street South, 221 Queen Street South, 242 Queen Street South, 310 Queen Street South, and 112 Benton Street. Accordingly, the HCD Plan contains policies which direct new development to this area and outline how it should progress in order to conserve heritage resources while enhancing the historic and civic character of the area. Heritage permits would still be required for alterations or new construction, and City Staff retain the ability to request heritage studies be completed for significant work. Recent development applications that have been received by the City and reviewed by Heritage Planning Staff and Heritage Kitchener have demonstrated that, through the heritage review process, significant redevelopment and the construction of tall- buildings can be undertaken in a manner that still protects and conserves our cultural heritage resources. Examples include 16-20 Queen Street North and 88 Queen Street South. This zoning is proposed to apply to some parts of the Cultural Heritage Landscapes. With the proposed amendments to the Official Plan, Heritage Impact Assessments and/or Heritage Conservation Plans can now be required for development, redevelopment, and site alteration of properties within a CHL even if the property is not listed or designated. Figure 7: Strategic Growth Area Three (SGA-3) Zone with approximate locations of HCDs Strategic Growth Area Four (SGA-4) Zones There are no SGA-4 zoned properties proposed within the Heritage Conservation Districts. This zoning is proposed to apply to some parts of the Cultural Heritage Landscapes. With the proposed amendments to the Official Plan, Heritage Impact Assessments and/or Heritage Conservation Plans can now be required for development, redevelopment, and site alteration of properties within a CHL even if the property is not listed or designated. This will help in ensuring that development proposals of any scale will consider and conserve the characteristics of the CHL. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM the Heritage Kitchener meeting. The draft Official Plan and Zoning By-law amendments were posted to the Growing Together Engage WR project page in early November. To inform residents of the Growing Together project, over 10,000 postcards were circulated. Advertisements of the November drop-in sessions were placed in the WR Record. CONSULT & COLLABORATE The Growing Together project utilized an interactive workshop format as the primary means of community engagement. Thirteen unique engagements totalling over 72 hours and involving more than 1,100 members of the community. This included a mix of residents within the project area, members of the broader community, and identified key stakeholders. The feedback obtained from the workshops was utilized in developing the draft land use and zoning direction that has now been released. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities presented to Heritage Kitchener related to this matter. Additional Information on the Growing Together project can be found at www.engagewr.ca/growingtogether REVIEWED BY: Rosa Bustamante, Director, Planning and Housing Policy/City Planner Natalie Goss, Manager, Policy & Research APPROVED BY: Justin Readman, General Manager, Development Services Department ATTACHMENTS: Attachment A Draft Official Plan Amendment Attachment B Draft Official Plan and Land Use Mapping Attachment C Draft Zoning By-law Amendment Attachment D Draft Zoning Mapping Attachment E Excerpt of Heritage Related Proposed and Amended Policies Official Plan PoliciesProposed to be Amended aspart of Growing Together How to read this document? This document lists all proposed text changes to the as part of the Growing Together project. Text in red is new text proposed to be added to the Official Plan. Text in black is current Official Plan text not proposed to change. Bolded text with a black border details the specific change with Policy numbers. Deleted text is not shown in this document. See the webpage to read text proposed for deletion. Where an entire Policy is being deleted, it is referenced in the bolded boxes. Map 2 Urban StructureMap 3 Land Use Urban Growth Centre Specific Policy Areas are proposed to be amended. Visit www.EngageWR.ca/GrowingTogether to view updated mapping. Existing Section 1.A.5, for Section 3.C.2, Policy 3.C.2.3, Policy 3.C.2.7, Policy 3.C.2.18, Policy 3.C.2.21, Policy 3.C.2.22, Policy 3.C.2.43, Policy 3.C.2.44, Policy 3.C.2.45, Policy 3.C.2.47, Policy 3.C.2.49, Policy 5.C.1.8, Policy 5.C.1.10, Policy 13.C.3.12, Policy 13.C.8.6, Policy 15.D.5.16, Policy 15.D.5.17, Policy 15.D.5.18, Policy 17.E.18.1, the - are amended to replace Existing section 2.B.1 Vision is proposed to be amended as follows: 2.B.1 Vision Together we will build an innovative, vibrant, attractive, safe, complete and healthy community contributing to an exceptional quality of life. Complete Community A complete community creates and provides access to a mix of land uses including, a full range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks and open spaces distributed and connected in a coherent and efficient manner. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Kitchener will be planned as a complete community that creates opportunities for all people to live, work and interact within close proximity. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. Healthy Community A healthy community provides access to clean air and water, nutritious food, a variety of employment opportunities, and safe and socially vibrant neighbourhoods. A healthy community Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together also promotes human health and active lifestyles by providing access to community infrastructure, active transportation, parks and open space. Kitchener will be planned as a healthy community that allows for the provision of the basic needs for all of its residents, creates and maintains strong and positive relationships within and outside the community, and offers an overall high quality of life. Planning for a healthy community will create a place where social and cultural differences are welcomed and will be a place where everyone feels a sense of place and belonging. A vision for Downtown (DTK) Kitchener's Downtown has historically been known by its four design districts. The Innovation District, focused along Victoria Street, features the adaptive reuse of historical industrial buildings and continues to evolve into a contemporary urban mixed-use neighbourhood with a focus on high-density residential with high-tech and health science offices. The Civic District, planned through a mid-century district plan as a centre for civic and cultural institutions, continues to evolve, maintaining its status as an arts and culture hub but adding a broader mix of uses that will help create a more complete community in and around it. The Market District focused around the Kitchener Market mixed-use development and features a variety of building forms with unique opportunities for a market-related mix of uses such as Market Lane and Moyer Place. The City Centre District is the heart of urban life within the core of downtown Kitchener. Shops, services, events and celebrations are focused along King Street and supported by Gaukel Street, Ontario Street and Queen Street. This includes the intersection of King Street and Queen Street as "The Royal Crossroads" the historical nexus of old Berlin. In 2023, through a city-initiated project, a community led working group developed a vision and series of principles to guide the future of downtown Kitchener. The vision and principles are centered on vibrancy, connection and belonging. Vibrancy programming a that makes people want to be there any day of the week. Connection Conne spaces. It means staying rooted in past places and memories while being part of new shared experiences. Belonging Belonging is bigger than the people you spend time with relaxation. You feel free to be your authentic self without fear of being judged. Existing Policies 3.C.2.12., 3.C.2.14., and 3.C.2.15. are proposed to be amended as follows: Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together Urban Growth Centre (Downtown) 3.C.2.12. The Urban Growth Centre (Downtown) is a primary Urban Structure Component and Intensification Area. The planned function of the Urban Growth Centre (Downtown) is to accommodate a significant share of the and future population and employment growth. 3.C.2.14. The Urban Growth Centre (Downtown) is planned to be a vibrant regional and city- wide focal point and destination and is intended to be a primary focal point for residential intensification as well as for investment in institutional and region-wide public services, commercial, office, recreational, cultural and entertainment uses. 3.C.2.15. The applicable land use designations for the Urban Growth Centre (Downtown) as detailed in Section 15.D.2 will include Strategic Growth Area A, Strategic Growth Area B, and Strategic Growth Area C. Existing Policies 3.C.2.16 (including the header), and 3.C.2.17 are proposed to be amended as follows: Protected Major Transit Station Area 3.C.2.16. Protected Major Transit Station Areas are designated in the Regional Official Plan and are identified on Map 2 and Map 4. Major Transit Station Areas are Protected Major Transit Station Areas in accordance with Section 16(16) of the Planning Act. 3.C.2.17. The planned function of Protected Major Transit Station Areas, in order to support transit and rapid transit, is to: a) provide a focus for accommodating growth through development to support existing and planned transit and rapid transit service levels; b) provide connectivity of various modes of transportation to the transit system; c) achieve a mix of residential, office (including major office), institutional (including major institutional) and commercial development (including retail commercial centres), wherever appropriate; and, d) have streetscapes and a built form that is pedestrian-friendly and transit- oriented. Policies a) through d) above should not be interpreted to mean that every property located within a Protected Major Transit Station Area is necessarily appropriate for major intensification. Add new Policy 3.C.2.18 as follows and renumber subsequent policies accordingly: 3.C.2.18. The following Protected Major Transit Station Areas shall be planned to achieve the following minimum densities: a) Grand River Hospital Station: 160 residents and jobs combined per hectare; b) Central Station: 160 residents and jobs combined per hectare; Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together c) Victoria Park and Kitchener City Hall Station: 160 residents and jobs combined per hectare; d) Queen and Frederick Station: 160 residents and jobs combined per hectare; e) Kitchener Market Station: 160 residents and jobs combined per hectare; f) Borden Station: 160 residents and jobs combined per hectare; g) Mill Station: 160 residents and jobs combined per hectare; h) Block Line Station: 80 residents and jobs combined per hectare; i) Fairway Station: 160 residents and jobs combined per hectare; and, j) Sportsworld Station: 160 residents and jobs combined per hectare. Existing Policy 3.C.2.20. is proposed to be deleted. Existing Policy 3.C.2.48. is proposed to be amended as follows: 3.C.2.48. New major institutional uses should be located in the Urban Growth Centre (Downtown), a Protected Major Transit Station Area or a City Node in accordance with the applicable land use policies in Section 15. Figure 6 is proposed to be amended as follows: Structure Component Predominant Land Use Designation Strategic Growth Area A Urban Growth Centre (Downtown) Strategic Growth Area B Strategic Growth Area C Strategic Growth Area A Protected Major Transit Station Area Strategic Growth Area B Strategic Growth Area C Add new Policies 11.C.1.34, 11.C.1.35, 11.C.1.36, and 11.C.1.37 to Section 11.C.1: Urban Design as follows: 11.C.1.34. New tall building development and/or redevelopment will have consideration for tall building design principles including physical separation, overlook, relative height, floor plate area, building length, tower placement, orientation and building proportion, among others. The City will provide design criteria for tall buildings through zoning regulations and the urban design manual, where appropriate. This is to: a) mitigate environmental impacts caused by tall buildings such as shadows, accelerated winds, access to light and sky and more; Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together b) create high-quality design relationships between the built-forms of multiple adjacent or nearby towers that account for occupant privacy and quality of life, contribute toward a visually interesting skyline, and ensure good compatibility between buildings in dense, urban environments. c) ensure good compatibility with surrounding low and mid-rise contexts. d) ensure that the development of future, adjacent or nearby tall buildings is not frustrated and can continue to achieve high-quality design principles. Design in Cultural Heritage Landscapes 11.C.1.35. New development or redevelopment in a cultural heritage landscape should: a) support, maintain and enhance the major characteristics and attributes of the cultural heritage landscape further defined in the City's 2014 City of Kitchener Cultural Heritage Landscapes; b) support the adaptive reuse of existing buildings; c) be compatible with the existing neighbourhood, including but not limited to the streetscape and the built form; and, d) respond to the design, massing and materials of the adjacent and surrounding buildings. Design in Protected Major Transit Station Areas 11.C.1.36. In addition to the policies in this section, development and/or redevelopment and public works will require a high standard of urban design in Protected Major Transit Station Areas and will require a site-specific urban design brief and/or urban design report in accordance with Section 17.E.10 to demonstrate how the development application exemplifies high quality urban design and will contribute to the public realm and placemaking in the station area and around the station stop. 11.C.1.37. The City will require development and/or redevelopment and public works in the Protected Major Transit Station Area to support and contribute to a high quality public realm. To do this the City will: a) ensure streetscape design supports safe and comfortable walking, cycling and rolling throughout the station area, including to and from transit stops. b) require a high quality public realm at grade which includes sidewalks, street furniture, street trees and landscaping. Where this is not achieved within the public right of way, encourage these placemaking elements to be located on private property or in shared ownership. c) require developments to support, maintain and/or increase the tree canopy, where possible, to support d) Encourage , including materials and plantings that have a high infiltration rate within Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together boulevards and setbacks, management system; e) encourage landscape screening between the public right of way and any visible surface parking, loading/service areas or back of house functions. f) encourage pedestrian shelter and bicycle parking along streets that connect to transit stops and/or contain existing or planned active transportation infrastructure. g) encourage direct connections from private and public development to existing and proposed active transportation infrastructure, such as public trails; h) encourage the provision of public open spaces, public art, wayfinding, and other creative placemaking interventions in private developments; and, i) require active transportation connections and mid-block connections through development and/or redevelopment, where appropriate. Add new Policies 12.C.1.50 to 12.C.1.53 to Section 12: Cultural Heritage Resources as follows: Cedar Hill and Schneider Creek Neighbourhood Cultural Heritage Landscape 12.C.1.50. Policies 12.C.1.51 through 12.C.1.53 apply to lands identified as Cedar Hill and Schneider Creek Neighbourhood Cultural Heritage Landscape on Map 9 Cultural Heritage Resources. 12.C.1.51. The Cedar Hill and Schneider Creek Neighbourhood contains several Priority Locations at gateway locations which facilitate views into and out of the neighbourhoods, accentuating the unique topography of Cedar Hill interfacing with existing low density residential uses on local streets. They include: a) the intersection of Charles Street East and Cedar Street looking to the southwest; b) the intersection of Courtland Avenue East and Cedar Street looking to the northeast; c) the intersection of Courtland Avenue East and Madison Avenue North looking to the northeast; d) the intersection of Courtland Avenue East and Peter Street looking to the northeast; e) the intersection of Charles Street East and Eby Street looking to the southwest; f) the intersection of Benton Street at St. George Street looking to the southeast; and, g) the intersection of Benton Street at Church Street looking to the southeast. Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together Corner properties framing the above referenced intersections are identified as being Property of Specific Cultural Heritage Landscape Interest. In these locations, consideration will be giving to transition of built form to protect and enhance views of the hill and the local streetscape features characteristic of this neighbourhood. New development and/or redevelopment should appropriately frame the intersection, especially where a building of cultural heritage interest is located at the corner. 12.C.1.52. The view atop Cedar Hill from Cedar Street looking to the southwest is a unique view from the Cedar Hill Schneider Creek Neigbourhood of the City and of the countryside beyond. Properties contained within Cedar Hill viewshed are identified as being Property of Specific Cultural Heritage Landscape Interest. The City will regulate building height, setbacks and built form along Cedar Street and along Courtland Avenue East to protect and enhance this view. The City will also encourage and support enhancements to the public realm in the location atop of Cedar Hill to contribute and enhance the pedestrian experience and enjoyment of the view. 12.C.1.53. The principal facades of buildings and park frontages will be encouraged to locate and orient themselves at the termination of a street or view corridor or at a street intersection, in order to support and enhance the significance of the Priority Location or the view or vista. LAND USE CATEGORY 9 is proposed to be deleted and replaced as follows: LAND USE CATEGORY LAND USE DESIGNATION Strategic Growth Area A Strategic Growth Area Strategic Growth Area B Strategic Growth Area C Policy 15.D.2 is the text after replaced as follows: 15.D.2 Strategic Growth Area Preamble Strategic growth area land use designations are applied within the Urban Growth Centre and Protected Major Transit Station Areas, which are Intensification Areas that will be planned and designed to meet the needs of all who live, work, and visit here. These lands will provide opportunities for all housing types and a range of commercial, employment and institutional uses to create complete communities. Strategic growth areas include lands within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. These areas growth. Strategic growth areas will prioritize housing and employment growth, sustainability, active transportation and public transit, and high-quality urban design. The whole of the Downtown is identified as an Urban Growth Centre in both the s A Place to Grow: Growth Plan for the Greater Golden Horseshoe and the Regional Official Plan Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together (Downtown) will accommodate a significant portion of the new population and employment growth. Strategic growth areas include three land use designations: Strategic Growth Area A; Strategic Growth Area B; and Strategic Growth Area C. Existing Policies 15.2.1 is proposed to be amended as follows: Objectives 15.2.1. To create and maintain vibrancy, connection and belonging in strategic growth areas. Existing Policy 15.2.4 is inserted between 15.2.1 and 15.2.3 and proposed to be amended as follows. Subsequent policies are renumbered accordingly. 15.2.2. To increase all forms of residential development in strategic growth areas. Existing Policies 15.2.2 and 15.2.3 are proposed to be amended as follows: 15.2.3. To encourage non-residential uses that support complete communities. 15.2.4. To support King Street within the Downtown as a primary retail and events destination. Existing Policy 15.2.5 is proposed to be deleted and subsequent policies are renumbered accordingly. Existing Policy 15.2.9 is proposed to be amended as follows: 15.2.8. To promote the effective use of existing infrastructure by attracting and encouraging more residents and jobs to strategic growth areas. Existing Policy 15.2.10 is proposed to be deleted and subsequent policies are renumbered accordingly. Existing Policies 15.2.11 and 15.2.12 are proposed to be amended as follows: 15.2.9. To support the Downtown as a centre for government, arts, culture, entertainment, and events. 15.2.10. To create and maintain walkable, cyclable, and rollable strategic growth areas. Existing Policy 15.D.2.1 is proposed to be amended as follows; existing Policy 15.D.2.2 is proposed to be deleted and replaced as follows; existing Policies 15.D.2.3 and 15.D.2.4 are proposed to be amended as follows; and new Policies 15.D.2.5, 15.D.2.6, 15.D.2.7, and 15.D.2.8 are inserted as follows. Subsequent policies are renumbered accordingly. Policies Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together 15.D.2.1. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas, as shown on Map 3 and Map 4, will be the primary focus areas in the city for intensification. 15.D.2.2. The Strategic Growth Area land use designation will only apply to lands identified on Map 2 as Urban Growth Centre (Downtown) or Protected Major Transit Station Areas. The City may apply the Strategic Growth Area land use designations to other areas though a future City-initiated process. 15.D.2.3. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas will be planned: a) as a focal area for public gatherings, institutions, and services, as well as commercial, recreational, cultural, and entertainment uses; b) to accommodate and support major transit infrastructure; c) to serve as a high density major employment location that will attract provincially, nationally and internationally significant employment uses; d) to accommodate a significant share of the population and employment growth; and, e) to provide services and amenities to attract population growth. 15.D.2.4. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas will be planned for continued commercial viability and all other land use designations allowing commercial development will have regard for and in no way compromise this planned function of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. 15.D.2.5. Notwithstanding Policy 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or special zoning regulation(s), seek to amend the Zoning By-law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors: a) compatibility with the planned function of the subject lands and adjacent lands; b) suitability of the lot for the proposed use and/or built-form; c) lot area and consolidation as further outlined in Policy 3.C.2.11; d) compliance with the and Policy 11.C.1.34; e) cultural heritage resources, including Policy 15.D.2.8; and, f) technical considerations and other contextual or site specific factors. 15.D.2.6. The implementing zoning may regulate matters related to built form including, but not limited to, building length, floor plate area, on-site separation between buildings, and off-site separation between buildings. Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together 15.D.2.7. Large scale developments will be expected to provide appropriate landscaping in accordance with the Urban Design Manual through the Site Plan Control process. 15.D.2.8. In a Heritage Conservation District, where there is a conflict between the policies in this land use designation and the Heritage Conservation District Plan, the Heritage Conservation District Plan will prevail. Existing Policies 15.D.2.5, 15.D.2.6, 15.D.2.7, 15.D.2.8 and 15.D.2.10 are proposed to be amended as follows: General Uses 15.D.2.9. The City will direct new major office and major institutional developments to locate within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. 15.D.2.10. The City will discourage the development or retention of some uses within or in close proximity to the Downtown and Protected Major Transit Station Areas which would conflict with the planned function of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. 15.D.2.11. The City will encourage the development and retention of food stores within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. 15.D.2.12. The City will encourage the development of retention of institutional uses and cultural facilities within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. 15.D.2.14. New predominantly auto-exclusive uses such as car washes, drive-through facilities, gas stations, the sale and/or repair of motor vehicles and commercial parking facilities will only be permitted in the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas on the basis of a site-specific amendment to this Plan. In considering applications for site-specific Official Plan amendments, such applications will need to demonstrate the following: a) The use can maintain consistency with the objectives of this Plan, and in particular the objectives of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas; b) will not conflict with the planned function of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas, and will not preclude the intensification of the site; c) maintains the planned scale of the urban environment; d) gives priority to the comfort, safety and efficient movement of pedestrians and cyclists. e) the use conforms to the Urban Design Policies of this Plan and to the Urban Design Manual; and, f) in the case of drive-through facilities: Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together i) must be located within a mixed use building or a multi-unit building; ii) the drive-through facility does not conflict with the planned character of the area by accommodating the operational and functional requirements of the drive-through facility; iii) does not conflict with the planned urban design and architectural characteristics of the predominant uses on the site in a mixed use development; and iv) ensures that if co-located in a mixed use development, which includes residential uses and/or office uses, the proposed drive-through facility does not compromise the use and enjoyment of outdoor amenity areas, impact other uses on the site as a result of noise and odour effects and, does not affect the functional support systems for the other uses on the site, including loading, refuse pick-up, on-site visitor and resident/tenant vehicular and pedestrian circulation, access and egress. New Policy 15.D.2.15 is proposed to be inserted after Policy 15.D.2.14 as follows: 15.D.2.15. The City recognizes that new sensitive uses will be introduced through development and redevelopment within areas historically designated for industrial employment. The City anticipates the eventual relocation of existing industrial uses. In the interim, new sensitive uses should prioritize sensitivity to existing industrial uses, acknowledging their unique operational requirements. Emphasizing land use compatibility, development applications for new sensitive uses should proactively engage with industrial stakeholders to address potential conflicts and implement measures that enable coexistence until a full land use transition is realized. Existing Policy 15.D.2.18 is proposed to be amended as follows: 15.D.2.23. The City may limit the height of buildings along King Street to conserve a historical main street condition intended to serve a public realm where frequent large scale events and celebrations are held. Existing Policy 15.D.2.19 including the deleted. New Policies 15.D.2.24 and 15.D.2.25 is proposed to be inserted as follows. Subsequent policies are renumbered accordingly. Parkland 15.D.2.24. New parks and active or passive recreational uses will be permitted within any Strategic Growth Areas land use designation. 15.D.2.25. As a part of the required parkland dedication, land dedication will be encouraged over alternative forms such as cash-in-lieu for the creation of new public parks. Existing Policies 15.D.2.20 and 15.D.2.22 are proposed to be amended as follows: Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together 15.D.2.26. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas will be part of an integrated provincial, regional and city transportation system while at the same time provide a transit-oriented, pedestrian-friendly and walkable environment. 15.D.2.28. Where new parking spaces are proposed to be developed in combination with all new development or redevelopment, the City will: a) encourage owners/applicants to utilize Transportation Demand Management (TDM) measures; b) encourage parking structures that are integrated with other uses as the desired form of parking; c) encourage off-street parking to be located away from and/or screened from the view of the public realm; and, d) discourage the creation of new surface parking lots and commercial parking facilities. Existing Policy 15.D.2.23 is proposed to be amended as follows: Cultural Heritage Resources 15.D.2.29. All development or redevelopment will embrace, celebrate and conserve the Cultural Heritage Resources in the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas and will be subject to the Cultural Heritage Resources Policies in Section 12 and subject to any other supporting documents, adopted by Council, including Heritage Conservation District Plans. Existing Policy 15.D.2.24 is proposed to be deleted. Existing Policies 15.D.2.27, 15.D.2.28, and 15.D.2.32 are proposed to be amended as follows: 15.D.2.32. A high quality of urban design will be expected of the buildings, building elevations, building massing, storefronts, store signs, patios, streetscapes and public spaces to enhance street life and create local pride and interest as well as tourism interest. The City will encourage innovation and architectural excellence in urban development. 15.D.2.33. The City will prepare and maintain Urban Design Guidelines for the Downtown and Protected Major Transit Station Areas that will provide new guidelines and standards for new buildings, new storefronts, storefront modifications, new outdoor patios and will also address such elements as the streetscape, massing of buildings, architecture, cultural heritage resource conservation, public art, signage, and the landscaping of private property abutting green areas. 15.D.2.37. Where new development or redevelopment is proposed at the edge of a strategic growth area land use designation, the scale and massing will consider compatibility with and transition to the adjacent land use designation. Existing Policy 15.D.2.33, is proposed to be deleted. Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together New Policies 15.D.2.38, 15.D.2.39, and 15.D.2.40 are proposed to be inserted as follows. Subsequent policies are renumbered accordingly. Priority Streets 15.D.2.38. The City may identify street segments within the Strategic Growth Area land use designation as priority streets. The Zoning By-law may provide additional regulations for priority streets. 15.D.2.39. The following will be considered in identifying priority streets: a) proximity to rapid transit and high frequency transit corridors; b) proximity to major trip generators; and, c) walking, rolling, and cycling connectivity between Rapid Transit station stops, key destinations, active uses, cultural facilities, and community infrastructure. 15.D.2.40. The City may require pedestrian refuge for development and redevelopment along priority streets. Within Section 15.D.2subsequent text, of subsequent text, Policies 15.D.2.34 through 15.D.2.41, District inclusive of subsequent text, Policies 15.D.2.42 through 15.D.2.48, Policies 15.D.2.49 through 15.D.2.56, , and Policies 15.D.2.57 through 15.D.2.63 are proposed to be deleted and the following is proposed to be inserted as follows: Land Use Designations , Strategic Growth Area B, and Strategic Growth Area C. Strategic Growth Area A The Strategic Growth Area A land use designation is generally intended to accommodate intensification within existing predominantly low-rise residential neighbourhoods, lands further away from Rapid Transit station stops, and/or lands where existing lots are generally too small to support high rise buildings. It is anticipated that the majority of development and/or redevelopment will occur through infill including missing middle housing and compatible non-residential uses. 15.D.2.41. The Strategic Growth Area A land use designation will accommodate a range of low and medium density residential housing types including those permitted in the Low Rise Residential and Medium Rise Residential land use designation. 15.D.2.42. Where compatible, permitted non-residential uses within the Strategic Growth Area A land use designation may include the following: a) commercial uses such as, but not limited to, retail, commercial entertainment, restaurants, financial establishments, and light repair operations; Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together b) personal services; c) offices; d) health-related uses such as health offices and health clinics; e) institutional uses such as daycare facilities, religious institutions, community facilities, and educational establishments; f) social service establishment; and, g) studio and artisan-related uses. 15.D.2.43. To ensure compatibility, the implementing zoning may limit the full range and scale of uses listed in Policy 15.D.2.42. 15.D.2.44. No building will exceed 8 storeys in height. The implementing zoning may permit maximum building heights of less than 8 storeys. 15.D.2.45. Where the implementing zoning does not permit the maximum building height outlined in Policy 15.D.2.37, the City may consider site specific increases to the permitted building height in accordance with Policy 15.D.2.5. On these lands, a Zoning By-law Amendment will be required for a building more than 4 storeys in height. 15.D.2.46. A minimum Floor Space Ratio of 0.6 will apply to all development and redevelopment. The implementing zoning may exempt single detached dwellings, additional dwelling units, semi-detached dwellings, street townhouse dwellings, and low-rise multiple dwellings from the minimum Floor Space Ratio. Strategic Growth Area B The Strategic Growth Area B land use designation is intended to accommodate significant intensification at building heights between those in the Strategic Growth Area A land use designation and those in the Strategic Growth Area C land use designation. Lands designated Strategic Growth Area B are also intended to serve as a transition between Low Rise Residential Uses on lands within the Strategic Growth Area A designation, and medium and high density uses within the Strategic Growth Area C designation. Some areas within the Strategic Growth Area B land use designation contain smaller lots and/or existing Low Rise Residential Uses. While significant intensification is planned for these lands, the implementing zoning may restrict building heights as an interim measure to ensure orderly development through a development application. 15.D.2.47. The Strategic Growth Area B land use designation will accommodate a range of medium and high density residential housing types including those permitted in the Medium Rise Residential and High Rise Residential land use designations. 15.D.2.48. Permitted non-residential uses within the Strategic Growth Area B land use designation may include the following: a) compatible commercial uses such as, but not limited to, retail, commercial entertainment, restaurants, financial establishments, hotels, and light repair operations; Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together b) personal services; c) office; d) exhibition and/or conference facilities; e) health-related uses such as health offices and health clinics; f) institutional uses such as hospitals, daycare facilities, religious institutions, community facilities, and educational establishments; g) social service establishment; and, h) studio and artisan-related uses. 15.D.2.49. No building will exceed 25 storeys in height. The implementing zoning may permit maximum building heights of less than 25 storeys. 15.D.2.50. Where the implementing zoning does not permit the maximum building height outlined in Policy 15.D.2.42, the City may consider site specific increases to the permitted building height in accordance with Policy 15.D.2.5. On these lands, a Zoning By-law Amendment will be required for a building more than 10 storeys in height. 15.D.2.51. A minimum Floor Space Ratio of 1.0 will apply to all development and redevelopment. The implementing zoning may contain transition regulations to facilitate and permit lands to ultimately meet the minimum Floor Space Ratio requirements. Strategic Growth Area C The Strategic Growth Area C land use designation is intended to accommodate significant intensification at high density. Lands designated Strategic Growth Area C are generally centrally located within Intensification Areas and/or represent redevelopment opportunities at higher density. It is anticipated that some areas within the Strategic Growth Area C land use designation will require the assembly of lands for development. Further, some lands designated Strategic Growth Area C are adjacent to lands planned for medium density uses or which contain existing Low Rise Residential Uses. As such, the implementing zoning may restrict building height as an interim measure to ensure orderly development through a development application demonstrating that the policies of this plan are met. 15.D.2.52. Permitted uses may include those permitted in the Strategic Growth Area B land use designation. 15.D.2.53. Lands designated Strategic Growth Area C may have no maximum building height. The implementing zoning may limit building heights. 15.D.2.54. Where the implementing zoning has a maximum building height in accordance with Policy 15.D.2.46, the City may consider site specific increases to the permitted building height in accordance with Policy 15.D.2.5. 15.D.2.55. A minimum Floor Space Ratio of 2.0 will apply to all development and redevelopment. The implementing zoning may contain transition regulations to facilitate and permit lands to ultimately meet the minimum Floor Space Ratio requirements. Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together Existing Policies 15.D.2.64 through 15.D.2.69 (inclusive of headers) are proposed to be deleted. Existing Policies 15.D.4.1, 15.D.4.13, 15.D.4.15, and 15.D.4.17 are proposed to be amended as follows: 15.D.4.1. Lands designated Mixed Use are located within a City Node, a Community Node, a Neighbourhood Nodes or an Urban Corridor as identified on Map 2. Accordingly, the applicable Urban Structure in Section 3.C.2 will also apply. 15.D.4.13. Individual freestanding retail outlets will be restricted to a maximum gross floor area of: a) 5,000 square metres within lands designated Mixed Use identified as a City Node or Community Node on Map 2. b) 3,500 square metres within lands designated Mixed Use identified as a Neighbourhood Node on Map 2. 15.D.4.15. Notwithstanding the gross floor area restrictions of Policies 15.D.4.13 and 15.D.4.14, the City may: a) permit food store outlets of up to a maximum gross floor area of 10,000 square metres within lands designated Mixed Use identified as a City Node or Community Node on Map 2 in both freestanding buildings and mixed use developments provided that all applicable policies within this land use designation are satisfied. b) permit food store outlets of up to a maximum gross floor area of 5,000 square metres within lands designated Mixed Use identified as an Urban Corridor on Map 2, if the food store outlet is located in a mixed use development and provided all applicable policies within this land use designation are satisfied. 15.D.4.17. The Floor Space Ratio requirements for all new residential or mixed use building development or redevelopment within lands designated Mixed Use will be as follows: a) A minimum Floor Space Ratio of 0.6 and a maximum of Floor Space Ratio of 1.0 on lands within a Neighbourhood Node on Map 2. b) A minimum Floor Space Ratio of 0.6 and a maximum Floor Space Ratio of 2.0 on lands within a City Node, Community Node, or Urban Corridor on Map 2. Further to the above, the implementing zoning will consider and may contain transition regulations to facilitate and permit lands to ultimately meet the minimum Floor Space Ratio requirements as noted above. Existing Policies 15.D.4.20 and 15.D.4.21 are proposed to be deleted and subsequent policies are renumbered accordingly. Existing Policies 15.D.12.18 is proposed to be deleted and replaced with new Policy 15.D.12.18 as follows: Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together 15.D.12.18. 301 Victoria Street South Notwithstanding the Major Infrastructure and Utilities land use designation which applies to the lands located on the block generally bounded by Patricia Avenue, Victoria Street South, the Grand River Railway, West Avenue and the Henry Sturm Greenway, the executive and administrative offices of Enova Power Corporation located at 301 Victoria Street South and the associated warehousing and outdoor storage uses shall be permitted uses. Existing Policies 15.D.12.28 is proposed to amended as follows: 15.D.12.28. Glasgow Street/Strange Street a) Notwithstanding the Strategic Growth Area C land use designation on lands located near the southwesterly corner of Glasgow Street and Strange Street, the continuation of the existing industrial and commercial parking facility uses will be permitted until such time as the site transitions into uses permitted by the land use designation. The transition of the site may occur in phases. b) A Holding provision pursuant to Section 17.E.13 will apply to residential uses, day care uses and other sensitive uses. The Holding provision will not be removed until such time as a Record of Site Condition has been acknowledged by the Province and a release has been issued by the Region. Existing Policies 15.D.12.39 and 15.D.12.54 are proposed to be deleted and replaced with new Policies 15.D.12.39 and 15.D.12.54 as follows: 15.D.12.39. 607-641 King Street West Notwithstanding the Strategic Growth Area C land use designation and policies: a) Retail uses shall be permitted to have a maximum gross floor area of 10,000 square metres. b) Prior to development and/or redevelopment of the lands municipally addressed as 607-641 King Street West, a Master Plan will be required to be completed and approved by the City. The Master Plan will be required to be updated and approved by the City throu in conjunction with each stage of development and/or redevelopment. Substantial deviation from the approved Master Plan will require Council approval. 15.D.12.54. 79 Joseph Street Notwithstanding the Open Space land use designation and policies on the lands municipally known as 79 Joseph Street, office uses will also be permitted. New Policy 15.D.12.69 is proposed to be inserted as follows: 15.D.12.69. 1668 King Street East Draft November 2023 www.EngageWR.ca/GrowingTogether Official Plan PoliciesProposed to be Amended aspart of Growing Together The maximum permitted floor space ratio shall be 7.6. Existing Policies 16.D.1.1 and 16.D.1.2 are proposed to be deleted and subsequent policies are renumbered accordingly. Existing Policy 16.D.1.3 is proposed to be amended as follows: 16.D.1.1. The following Secondary Plans are deferred and do not form part of this Official Plan: a) North Ward Secondary Plan b) Central Frederick Secondary Plan c) Rosenberg Secondary Plan The land use policies and land use designations in the Secondary Plans contained in Part 3, Section 13 of the 1994 City of Kitchener Official Plan, as amended, continue to apply until such time as the Secondary Plans are reviewed and adopted as part of this Official Plan. Existing Policy 17.E.6.7 is proposed to be deleted. The entirety of Section 17.E.17 Bonusing Provisions is proposed to be amended as follows: 17.E.17 Bonusing Provisions Deleted Add new Glossary Term for Priority Street to Part F Schedule A Priority Street streets with buildings that contain a mix of non-residential ground floor uses that help achieve complete communities by creating engaging and activated pedestrian places. These places contribute to an enhanced streetscape and pedestrian realm by creating a visually stimulating pedestrian experience. Regulations contained within the Zoning By-law that may guide the implementation of priority streets that includes, but is not limited to: minimum ground floor façade heights; minimum façade openings; minimum amount of active uses at the street level; and/or restrictions on the location of vehicular parking. Draft November 2023 www.EngageWR.ca/GrowingTogether D NU O D BO NTN BOR MDOT ANU 10 COB 4 ) NYW 8ODH NO YL 1 W0 4 HY (WH S S A P Y B T S G IN K K R D BN RA ST 86) Y HW Y( PK GA A TO R ES ON C S LANCASTER E D R T N U O TM S E W D N T B A R T S) 8 / 7 Y W (H Y K P A G O T S E N O C BLVD ES L D K EE RC BL OK DR R ET S EH C NA M DR YR EM O GTN O M UG ST KR C T N O M TS OM NO EMOGTN XID EERC YR K E V OGTNOM ERC YREM KE E YELLEHS RD L P N E D M A C EVA ECAFINOB EVAE LLEV NRMASSEYA OC ST A AD DR NO OD E IN AV CARL CA RW EVA OW RAC Y K EE RC R EDI E NH CS T S N N A )* 58 E T SERC NA L A P P A TNILF T E TER S NCAS LA T S T N E C IN V T S E TS NIWDE KEE RC RE KAME OHS TH R O SW T UN H VE A L NALT SEW N R E F D O OT R WC E AV R E G YA E VA RIAL CT S S E AV G IN L IR T S C SERC WIND A E D E V A NE DR AG CR SH A WO Y SE N E E RR RD W RVIE USK L SET P RUS DR DS AN PL U E RI Zoning By-law Sections Proposed to be Amended as part of Growing Together How to read this document? This document lists all proposed text changes to the -law 2019-051 as part of the Growing Together project. Text in red is new text proposed to be added to the Zoning By-law. Text with a strikethrough is proposed to be deleted from the Zoning By-law. The following Sections of the Zoning By-law are proposed to be amended: o Section 2 Interpretation, Classification, and Limits of Zones o Section 3 Definitions o Section 4 General Regulations o Section 5 Parking, Loading, and Stacking o Section 6 Strategic Growth Area Zones (SGA) o Section 18 Transition Provisions o Section 19-21 Site Specific Provision, Holding Provisions, & Temporary Use Provisions 5ƩğŅƷ bƚǝĻƒĬĻƩ ЋЉЋЌ ǞǞǞ͵9ƓŭğŭĻ‘w͵ĭğΉDƩƚǞźƓŭƚŭĻƷŷĻƩ Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 2 Interpretation, Classification, and Limits of Zones 5ƩğŅƷ bƚǝĻƒĬĻƩ ЋЉЋЌ ǞǞǞ͵9ƓŭğŭĻ‘w͵ĭğΉDƩƚǞźƓŭƚŭĻƷŷĻƩ SECTION 2Page 1of 4 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 The uses permitted in a zone are noted in a permitted use . Within a permitted use table, 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 2Page 2of 4 2.2 ZONES, 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. A zone or zone category may be referred to by the following symbols: Urban Growth Centre (UGC) ZonesStrategic Growth Symbol Area (SGA) Zones ReservedStrategic Growth Area One Zone ReservedSGA-1 Strategic Growth Area Two Zone SGA-2 Strategic Growth Area Three Zone SGA-3 Strategic Growth Area Four Zone SGA-4 Residential (RES) Zones Symbol 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 Zone RES-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 Arterial Commercial 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 Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 2Page 3of 4 Agriculture (AGR) Zones Symbol Prime Agriculture AGR-1 Rural AGR-2 Natural Conservation (NHC) Zones Symbol Natural Conservation NHC-1 Existing Use Floodplain (EUF) and Future Use Symbol (FTR) Zones Existing Use Floodplain EUF-1 Future Use FTR-1 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) Zones Symbol 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 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: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 2Page 4of 4 a) a boundary 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) a boundary 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, 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. Draft November 2023 www.EngageWR.ca/GrowingTogether Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 3 Definitions 5ƩğŅƷ bƚǝĻƒĬĻƩ ЋЉЋЌ ǞǞǞ͵9ƓŭğŭĻ‘w͵ĭğΉDƩƚǞźƓŭƚŭĻƷŷĻƩ SECTION 3Page 1of 24 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 use of a building for the making or showing of films classified as adult sex film by the Ontario Film Review Board. Agriculture means the use of 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 and structures, including livestock facilities, manure storages, and value-retaining facilities. Agriculture can include equestrian establishment. Agriculture-Related means the use of 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 can include storage or processing of food grown in the area, and farm input supplies such as feed, seeds, and fertilizer. Amusement Park means the use of 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 see Parking Space, Angled Animal Shelter means the use of 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 use of a premises for the making, study, or instruction of a performing or visual art; or the workplace of an artisan such as a painter, sculptor, photographer, dressmaker, or tailor. shall not include an adult sex film theatre. Additional Dwelling Unit (Attached) see Dwelling Unit (Attached), Additional Additional Dwelling Unit (Detached) see Dwelling Unit (Detached), Additional Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 2of 24 Attic means the uninhabitable portion of a building or structure 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 see Dwelling, 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 or tall 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, or group home. Below Grade means any portion of a building where the finished grade meets 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 line is 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, and has a 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 a bicycle locker or an enclosed, secure area with controlled access in which a bicycle may be parked 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, but shall 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 or building floor area that may be provided on a lot 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 3of 24 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 9 or more 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 a lot line. 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 Length means the horizontal measurement of any façade of a building. Building Material and Decorating Supply Establishment means the use of 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 or third party wholesale distribution of gasoline, oil, petroleum products, or other flammable liquids, but shall not include a gas station. C Campground means the use of a premises for the temporary accommodation of the travelling public in major 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. Car Wash means the use of a premises for 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 can include stacking 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 4of 24 Cemetery means the use of 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 see Bicycle Parking Stall, Class A Class B Bicycle Parking Stall see Bicycle Parking Stall, Class B Cluster Townhouse Dwelling see Dwelling, Cluster Townhouse Commercial Driver and Training Establishment means the use of a premises where teaching or instruction of the operation of commercial vehicles and/or heavy equipment is offered. Commercial Entertainment means the use of a building for the entertainment of the public and can include 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 or amusement 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 use of a premises for the cleaning of commercial vehicles. Commercial Water Taking means a use of a lot 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 use of a premises for a multi-purpose facility that offers a combination of recreational, cultural, community service and information or instructional programs, and can include a community centre, community space, arena, library, and/or swimming facility. Computer, Electronic, Data Processing, or Server Establishment means the use of 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 use of a premises as the place of assembly or venue for intermittent events such as conferences, conventions, exhibitions, seminars, banquets, or product and trade fairs. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 5of 24 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 see Lot, Corner Corner Visibility Area - means the area formed within a corner lot by two triangles, where the intersecting street lines form the legs of each triangle and the triangles extend from the street line point of intersection. Corner Visibility 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 see Group Home, Correctional Craftsperson Shop means the use of a premises for the creation, finishing, refinishing, or similar production of custom or hand-made commodities. Creative Products Manufacturing means the use of a premises that may be made available for community shared use as a maker space to design, proto-type and manufacture products using tools and technological manufacturing equipment such as laser cutters, waterjet cutters, computer numerical control (CNC) routers, 3D printers and 4D systems. Crematorium means the use of a building for the purpose of cremating human remains that is approved under the Funeral, Burial and Cremation Services Act. Cultural Facility means the use of a premises for the creation, production, and viewing of arts and culture, and can include 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 use of a premises 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. Day Care, Private Home means a home occupation that accommodates: a) five children or less where unlicensed under Provincial legislation; or, Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 6of 24 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 see Vehicle, 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, but shall not include a driveway. Drive-Through Facility means the use of a premises including stacking lanes and an order station with or without voice communication, where products or services are provided through a service window or an automated machine to patrons remaining in their motor vehicle. Driveway means a vehicle route that provides access from a street or lane to a drive aisle, parking space, or parking lot. Driveway Visibility Triangle means a triangular area formed within a lot by the intersection of an edge 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, additional dwelling unit (attached), additional dwelling unit (detached), cluster townhouse dwelling, multiple dwelling, small residential care facility, or large residential care facility. Dwelling, Back-to-Back Townhouse means the use of 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 access between dwelling units and extends from the base of the foundation to the roof line. A cluster townhouse dwelling is not a street townhouse dwelling or multiple dwelling. Dwelling, Multiple means the use of a building containing three or more dwelling units, and can include a stacked townhouse dwelling and back-to-back townhouse dwelling. A multiple dwelling is not a street townhouse dwelling, mixed use building, cluster townhouse dwelling, single detached dwelling with additional dwelling units (attached) or semi-detached dwelling with additional dwelling units (attached). Dwelling, Semi-Detached means the use of a building divided vertically into two semi-detached dwelling units (as the principal 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 7of 24 Dwelling, Single Detached means the use of a building containing one dwelling unit as the principal use of the building. Dwelling, Stacked Townhouse means the use of a building containing three or more dwelling units attached side-by-side, with each of these dwelling units having at least one dwelling unit above them, and where each dwelling unit has an independent entrance from the exterior. Stacked townhouse dwelling shall not include a street townhouse dwelling. Dwelling, Street Townhouse means the use of 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 or multiple dwelling. Dwelling Unit means the use of a building that contains a room or suite of habitable rooms which: a) is located in a dwelling or mixed 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 of the building or to a 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), Additional means the use of 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 use of 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 use of a premises to manage the transmission and distribution of electrical power that is provided to the public. Electric Vehicle Supply Equipment means a complete assembly consisting of conductors, connectors, devices, apparatus, and fittings installed specifically for the purpose of power transfer and information exchange between the branch circuit and electric vehicle. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 8of 24 Elementary School see School, Elementary Equestrian Establishment means the use of a premises where horses are boarded, groomed, and/or available for riding and training. Established Front Yard - means a) In the case of a lot that is not a corner lot: the average of the front 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 the case of a 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, and where 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 see Lot Line, Exterior Side Exterior Side Yard see Yard, Exterior Side F Façade means 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 a building. Façade openings may include materials such as mullions but shall exclude materials such as spandrel. Farm-Related Dwelling Unit see Dwelling 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 9of 24 Financial Establishment means the use of a building which provides financial services in which money is deposited, kept, lent, or exchanged, and can include a bank, trust company, credit union, or other similar banking service, but shall not include a payday loan establishment. Fitness Centre means the use of a premises in which facilities and activities are provided for physical exercise. Floor Plate Area means the gross floor area of a storey of a building. 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 or lane, 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 or lane 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 use of a premises devoted primarily to the retail of food and food products and can include ancillary non-food products such as toiletries, personal care products, and hardware. Freestanding Retail Outlet see Retail Outlet, Freestanding Front Lot Line see Lot Line, Front Front Yard see Yard, Front Funeral Home means the use of a building 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 a crematorium. 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. 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 use of a premises for the retail and display of only plants, trees and shrubs, and gardening and landscaping supplies and equipment. Gas Station means the use of a premises for the retail of automotive fuel and other auto-related products, but shall not include automotive detailing and repair operation. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 10of 24 Golf Course means the use of a premises for playing golf and can include an indoor or outdoor driving range, a putting green, and similar uses, but does not include a miniature golf facility. Grade means the elevation of the finished ground or land immediately surrounding such building or structure, and is 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, Correctional 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 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 use of a premises by health professional(s) for the purpose of consultation, diagnosis, and/or treatment of persons. A health clinic can include 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 a home occupation that is used by health professional(s) for the purpose of consultation, diagnosis, and/or treatment of persons. Health Professional means a person who practices any of the health disciplines regulated under a Provincial Act. Heavy Repair Operation see Repair Operation, Heavy Home Improvement Store means the use of a premises for the retailing of housewares and a wide range of materials, merchandise, and equipment for construction, home improvement, and home gardening. Home Occupation means the use of a building for a business that is secondary to the principal use of the building as a dwelling. Hospice means the use of a building where terminally ill patients receive palliative care treatment in a home-like setting with a maximum of 10 patients at any given time. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 11of 24 Hospital means the use of a premises 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 use of a building for overnight accommodation of the travelling public and includes a motel or motor hotel but does not include a lodging house, small residential care facility, large residential care facility, or bed and breakfast. Hydro Corridor a utility corridor used for the transmission and distribution of electricity. I Industrial Administrative Office means the use of 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 see Use, Institutional Interior Side Lot Line see Lot Line, Interior Side Interior Side Yard see Yard, Interior Side J K L Landscaped Area means any portion of a lot which has no building, that is accessible from a building or street on which the lot is located, and is used for the purpose of landscaping and/or an outdoor 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. Lane means a public highway or road allowance having a width of less than 12.19 metres. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 12of 24 Large Merchandise Retail see Retail, Large Merchandise Light Repair Operation see Repair Operation, Light Loading Space means a designated area located on a lot that is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods, merchandise, or materials used in connection with the main use of the lot, and which has unobstructed access to a street or lane. 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 use of 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 use of 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. Lot, Through Corner means a lot with lot lines abutting 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 a line formed by the boundary of a lot. 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: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 13of 24 a) in the case of a corner lot, the shorter lot line abutting a street, not including the lot line forming part of a corner visibility triangle, shall be the front lot line. Where such lot lines are of equal length, the City may deem any of the lot lines abutting a street as the front lot line; b) in the case of a 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 the case of a 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. For multiple dwellings or cluster townhouse dwellings with more than one street line on the same street, the lot width at each street line may be summed to determine the total lot width. Low-Rise Building see Building, Low-Rise Low-Rise Residential Zone see Zone, Low-Rise Residential M Major Equipment Supply and Service means the use of 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 can include motor homes, travel trailers, tent trailers, boats, boat trailers, personal watercraft, all-terrain vehicle or other similar equipment. Manufacturing means the use of a premises 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 use of 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 Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 14of 24 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 an uninhabited single detached dwelling, semi-detached dwelling, or street townhouse dwelling unit for the purpose of display and sale of the dwelling units. Motor Vehicle see Vehicle, Motor Multiple Dwelling see Dwelling, Multiple Multi-Unit Building means a building containing two or more non-residential uses within two or 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. 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 use of 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 use of a building with a dance floor and pre-recorded or live music for entertainment, and can include a restaurant. Noxious Use see Use, Noxious O Office means the use of a building in which clerical, administrative, consulting, advisory, or training services are performed, but shall not include a health clinic, commercial school, or industrial administrative office. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 15of 24 On-Farm Diversified means the use of 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 can include the processing or packaging of agricultural products, food store, pet boarding, pet services establishment, restaurant, and veterinary services. Outdoor Active Recreation see Recreation, Outdoor Active Outdoor Passive Recreation see Recreation, 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 see Parking 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. 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, to a street or lane. Parking Space, Angled means the orientation of a parking space in such a manner that the side of a motor vehicle, when parked, is at an angle other than parallel to the drive aisle, driveway, lane, or street which gives direct access to such parking space. Parking Space, Barrier-Free Accessible means a parking space provided for the use of 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 a motor vehicle, when parked, is parallel to the drive aisle, driveway, lane, or street which gives direct access to such parking space. 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 use of visitors to a premises. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 16of 24 Pawn Establishment means the use of a building 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 use of a building in which personal loans are provided to consumers and which is regulated under the Payday Loans Act, and shall not include a financial establishment. Pet Boarding means the use of a premises 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 use of 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. Personal Services means the use of a building in which services involving the health, beauty, or grooming of a person; or the maintenance or cleaning of apparel, but shall not include a pharmacy. Physical Separation means the distance from a tall building interior side lot line and rear lot lines. When two or more towers are on the same lot, the total distance between each pair of towers in any direction is to be calculated as the sum of both individual physical separations. Place of Worship means the use of a premises 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 see School, Post-Secondary Premises means the whole or part of lots, buildings, or structures, or any combination of these. Principal means, when used to describe a use, the primary use carried out on the lot or within a building or structure, and, when used to describe a building or structure, means the building or structure in which the primary use is conducted, or intended to be conducted. Printing or Publishing Establishment means the use of a premises in which books, newspapers, periodicals, flyers, or other printed materials are produced. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 17of 24 Print Shop means the use of a building for photocopying, blueprinting, or binding. Private Amenity Space means the use of a premises for indoor or outdoor active or passive recreation for the exclusive use of occupants of a dwelling unit. It can include features such as outdoor patios, above ground decks, balconies (subject to additional requirements), communal indoor spaces (such as gyms), communal indoor social spaces (such as entertainment rooms), swimming pools, and outdoor rooftop amenity space (such as rooftop decks and terraces). It shall not include lobbies, washrooms, laundry facilities, storage areas, hallways, elevators, reception areas, management offices, parking areas, access driveways, unprogrammed landscaped open space (excluding outdoor patios), receiving areas, loading spaces, and the like. Private Garage see Garage, Private Private Garage Width see Garage Width, Private Private Home Day Care see Day Care, Private Home Propane Facility means the use of 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 see Use, Public Public Works Yard means the use of a premises operated by or on behalf of the Federal or Provincial governments, the Region, the Grand River Conservation Authority, or the City, for the storage and maintenance of materials and equipment related to public infrastructure. Q R Rear Lot Line see Lot Line, Rear Rear Yard see Yard, Rear Recreation, Outdoor Active means the use of land, water, buildings and/or structures for outdoor leisure and athletic activities and can include 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 18of 24 Recreation, Outdoor Passive means the use of 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 use of a building for the processing of waste into re- usable materials. Recycling Operation, Outdoor means the use of a premises for the processing of waste into re-usable materials. Region means the Corporation of the Regional Municipality of Waterloo. Repair Operation, Light means the use of a building for the servicing or repairing of household articles and appliances, but shall not include heavy repair operation, major equipment supply and service, or automotive detailing and repair operation. Repair Operation, 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 use of a premises for the servicing, repair, or detailing of motor vehicles, but shall not include the retail of motor vehicles. Research and Development Establishment means the use of a premises 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 see Use, Residential 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 use of 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 see Zone, Residential Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 19of 24 Restoration, Janitorial, or Security Services means the use of a premises where maintenance, restoration, cleaning, security, or similar services are housed and/or where such services are primarily conducted and/or provided off-site. Restaurant means the use of a premises where food and/or drink is prepared and sold for immediate consumption on or off-site. Retail means the use of a premises where goods and/or materials are displayed, rented, or sold. Retail can include 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; or retail of motor vehicles and major recreation equipment. Retail, Convenience means the use of a premises where a variety of grocery, household items and other convenience goods are sold . Retail, Large Merchandise means the use of a premises 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, or retail of motor vehicles and major recreation equipment. Retail of Motor Vehicles and Major Recreational Equipment means the use of a premises where motor vehicles and major recreation equipment, and parts and accessories thereto, are displayed, stored, sold, rented, and/or leased and can include an associated automotive detailing and repair operation, and associated repair of major recreational equipment. Retail Outlet, Freestanding means a building containing one retail store. S Salvage or Scrap Yard means the use of a premises 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 use of a premises for a publicly funded institution for academic instruction which offers courses such as language, literacy and basic skills programming, credit courses for adults, continuing education programs, general interest courses, or Canadian citizenship preparation programs, but does not does include post-secondary school or commercial school. School, Commercial means the use of a premises 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 or post-secondary school. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 20of 24 School, Elementary means the use of a premises 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 use of a premises 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 use of premises for a provincially 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) see Dwelling Unit (Attached), Second Second Dwelling Unit (Detached) see Dwelling Unit (Detached), Second Semi-Detached Dwelling see Dwelling, 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 or structure. 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 see Lot Line, Side Side Yard see Yard, Side Single Detached Dwelling see Dwelling, Single Detached 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 use of 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 21of 24 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 or structure that is situated between the top of any floor and the top of the floor next above it; or if there is no floor above it, that portion between the top of the floor and the ceiling above it. A habitable or finished attic, or an uninhabitable or unfinished attic with an interior height greater than 1.8 metres, is 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 see Stepback, Street Line Street Townhouse Dwelling see Dwelling, Street Townhouse Structure means anything constructed or erected, the use of which requires location on or in the ground, or attached to something having location on or in the ground, but excluding an underground servicing facility. T Tall Building see Building, Tall Tandem Parking Space see Parking Space, Tandem Temporary Sales Centre means a building or structure that is used for the temporary sale of dwelling units in a proposed development. Through Corner Lot see Lot, Through Corner Through Lot see Lot, Through Towing Compound means the use of a lot for the temporary storage of motor vehicles and can include the temporary storage of discarded motor vehicles. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 22of 24 Tradesperson or Contractor's Establishment means the use of a premises 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 use of a premises for the dispatching of commercial vehicles and motor 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 of a premises for the maintenance and storage of commercial vehicles for public transportation, and related equipment, and can include a transportation depot. Truck Transport Terminal means the use of a premises 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 use of 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. Use, Noxious means the use of a premises 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 or noise, or a contaminant (as defined by the Environmental Protection Act). A noxious use shall 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; and a truck transport terminal containing hazardous, toxic, and/or contaminated materials. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 23of 24 Use, Public means the use of any land, building, or structure by or 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 or semi-trailers and any component thereof; or other like or similar vehicle, but shall not include major recreational equipment, or industrial 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 use impossible. 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 use of a premises for consultation, diagnosis, and treatment of animals, and related boarding and grooming. W Warehouse means the use of a building 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 use of a premises 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 3Page 24of 24 Water and Wastewater Treatment Facility means the use of a premises 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 yard that 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 yard abutting a street that extends from the front yard to the rear lot 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 Zone means 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-5 zone, 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. Draft November 2023 www.EngageWR.ca/GrowingTogether Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 4 General Regulations 5ƩğŅƷ bƚǝĻƒĬĻƩ ЋЉЋЌ ǞǞǞ͵9ƓŭğŭĻ‘w͵ĭğΉDƩƚǞźƓŭƚŭĻƷŷĻƩ SECTION 4Page 1of 17 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 area of 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 and rear lot line. d) For accessory buildings to single detached dwellings, semi-detached dwellings, and street townhouse dwellings, with or without an accessory dwelling unit (attached) or accessory dwelling unit (detached), and to multiple dwellings, the maximum height of the underside of any fascia shall be 3 metres, the maximum building height shall be 5.5 metres, and the maximum lot coverage shall be 15 percent. e) Accessory buildings or structures to dwelling units shall not be located in a front yard or exterior side yard. 4.2 ACCESSORY USES Where this By-law provides that land may be used or a building or structure may be erected and used for a permitted use, that use shall include any accessory use provided that the accessory use is located within the same premises. 4.3 BONUSINGDELETED Reserved.Deleted. 4.4 CONDOMINUMS 4.4.1 Standard Condominiums a) Internal lot lines created by: i) A registration of a plan of condominium; or ii) A plan or plans of condominium registered on all or a portion of a lot which is part of a comprehensively planned development subject to a development agreement pursuant to Section 41 of the Planning Act; Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 2of 17 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 4.6, more than one single detached dwelling, semi-detached dwelling, or street townhouse dwelling shall be permitted on a lot provided 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 lands to 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, Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 3of 17 b) Each dwelling unit shall have an unobstructed access at grade or 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 a street, 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 a corner visibility triangle, corner visibility area or driveway 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) A corner 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 or new construction which replaces an existing building with the same building footprint within the corner visibility area. c) A corner visibility area shall be required in UGC the SGA-2, SGA-3, and SGA-4 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 or new construction which replaces an existing building with the same building footprint within the corner visibility area. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 4of 17 d) A corner visibility triangle shall be required in all zones except the UGC SGA-2, SGA-3, and SGA-4 zones, and the MIX zones and shall be measured at 7 metres from the point of intersection of the street lines. e) A driveway visibility triangle shall be required in all zones except UGC SGA-2, SGA-3, and SGA-4 zones, and the 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. Illustration 1: Corner Visibility Triangle, Corner Visibility Area and Driveway Visibility Triangle Dimensions Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 5of 17 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) The lot has frontage on a street; or, b) The lot 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) A home occupation shall only be permitted on a lot containing a single detached dwelling (with or without an additional dwelling unit (attached) or additional dwelling unit (detached), semi-detached dwelling (with or without an additional dwelling unit (attached) or additional dwelling unit (detached), street townhouse dwelling (without an additional dwelling unit (attached) or additional dwelling unit (detached), cluster townhouse dwelling, or multiple dwelling. b) A home occupation shall only locate in a dwelling. c) A home 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) A home occupation shall not include a noxious use. 4.7.2 Permitted Home Occupation Uses No person shall conduct a home occupation for any use other than those permitted uses within Table 4-2. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 6of 17 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 a semi-detached dwelling unit (without an additional dwelling unit (attached) or additional 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 in a dwelling unit within a single detached dwelling with an additional dwelling unit (attached) or additional dwelling unit (detached), semi-detached dwelling unit with a additional dwelling unit (attached) or additional dwelling unit (detached), street townhouse dwelling, cluster townhouse dwelling, or multiple dwelling (9)(10) Establishment 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) A home 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, or indirect sales home occupation, that does not attract customers or clients to the lot, may locate in an accessory building. (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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 7of 17 (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) A home 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 Where the 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, or structure provided that such lot, building, or structure 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 a correctional 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 a) Only one lodging house shall 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, Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 8of 17 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 or semi-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 lot for the purposes of this By-law. 4.12.1 One Additional Dwelling Unit (Attached) One additional dwelling unit (attached) may be permitted in association with a single detached dwelling, semi-detached dwelling unit or street 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; 4.12.2 Two additional Dwelling Units (Attached) Two additional dwelling units (attached) may be permitted in association with a single 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) a maximum of one pedestrian entrance to the principal building shall be located on each street line façade, except where more pedestrian entrances are existing; 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; Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 9of 17 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 building floor area. 4.12.3 Additional Dwelling Units (Detached) One additional dwelling unit (detached) may be permitted in association with a single detached dwelling, semi-detached dwelling unit or street 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 or semi-detached dwelling shall be considered to be a lot; b) an additional dwelling unit (detached) shall only be permitted on the same lot as a single detached dwelling, semi-detached dwelling or street townhouse dwelling, with or without one additional dwelling unit (attached); c) an additional dwelling unit (detached) shall not be permitted on the same lot as a single detached dwelling with two additional dwelling units (attached); d) an additional dwelling unit (detached) shall not be severed from the lot containing 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 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; Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 10of 17 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 and interior side lot line; k) an additional dwelling unit (detached) shall not be located in the front yard or exterior side yard; l) for an additional 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; 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 or side lot line closer than 4.5 metres, except where the lot line is a street line or lane; n) an unobstructed walkway that is a minimum 1.1 metres in width shall be provided from a street to the additional dwelling unit (detached). The walkway shall not be located within a required parking space; 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; and, p) Despite Section 5.6, where a lot is within 800 metres of a Light Trail Transit (LRT) station as shown on Appendix E, no parking space shall be required for the additional dwelling unit (detached). Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 11of 17 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 or street 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; b) The principal building shall comply with the setback provisions required for the dwelling for front, side and rear yards in all other cases. c) Subsection 4.12.3.1 a) shall not apply if the additional dwelling unit (detached) has direct access from street or lane 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 yard to 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: 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 or rear lot line; and, d) Are located a minimum of 3 metres from a street line, except in a UGC SGA zone or MIX zone. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 12of 17 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 0.6 metres from a street line, side lot line, or rear 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 decks that do not exceed 0.6 metres in height above the ground, may be located within a required rear yard or 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 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. 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 a rear 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 or mixed use building, may locate within a required rear yard or interior 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 13of 17 4.14.6 Pools and Hot Tubs Pools and hot tubs associated with a dwelling unit are permitted to locate within an interior side yard, exterior side yard, and rear yard provided that the pool or hot tub: a) has a minimum setback of 0.6 metres from an interior side lot line or rear 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 a front yard or exterior side yard provided that the porch is located a minimum of 3 metres from a street line and the floor of the porch does not exceed 1 metre 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 a structure designated under the Ontario Heritage Act may be located or reconstructed within a required front yard or side yard provided that the setback, gross floor area, dimensions, and height do not exceed what legally existed on or before March 5, 2012. 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 SGA zone-2, SGA-3, SGA-4, or MIX zone, a patio, deck, and outdoor recreation associated with a restaurant may be located within a front yard or exterior side yard. 4.14.8.2 Private Patios Any required private patio shall be a minimum of 11 square metres in size. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 14of 17 4.14.9 Satellite Dishes and Antennas Satellite dishes and antennas may project into a required yard and 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 or rear lot line. Portions of steps and access ramps located above the ground floor storey shall be located a minimum of 1.2 metres from an interior side lot line or rear lot line. c) The maximum area of steps and access ramps located in a front yard shall not exceed 40 percent of the area of the front yard. 4.15 PERMITTED USES 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 be setback a minimum of 14 metres from any lot line abutting a residential zone. b) Despite Subsection a), where such building or portion thereof is constructed without an opening, such as a vent, door, or window, the setback regulations of the applicable zone apply. 4.15.2 Construction Uses A lot 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) A drive-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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 15of 17 b) Subsection a) shall not apply to an existing drive-through facility. 4.15.4 Food Cart A food cart shall be permitted in all zones except residential zones, NHC zones or OSR- 3 zones, 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) A fuel 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) A fuel pump island and a canopy structure above a fuel pump island shall be located a minimum of 30 metres from a residential zone; c) No underground or above-ground fuel storage tank shall be located within 3 metres of a street line; d) The rear yard setback for a building associated with a gas station shall be 3 metres; 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 10 model homes may be permitted on a lot in any zone. b) The model 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) Such use, building, or structure complies with the regulations, and parking and loading requirements of the applicable zone; and, Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 16of 17 b) Accessory outdoor storage may be permitted, and shall not be located within any yard abutting a residential zone. 4.15.8 Shipping Container a) A shipping container shall not be located on a lot in a residential zone. b) Despite Subsection a), a shipping container may be permitted on a driveway within a residential 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, and that the shipping container is located a minimum of 0.6 metres 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 A towing compound shall not be located on a lot that is within 30 metres of a residential use. 4.15.10 Temporary Sales Centre A temporary sales centre is permitted in all UGCSGA, MIX, and COM zones; and in all residential zones, and shall 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 a lot, the following shall apply: a) Floor space ratio shall be calculated using only that portion of the building floor area and only that portion of the lot area within each zone. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 4Page 17of 17 b) Despite Subsection a) the lot area of lands 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 and bicycle 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 a lot within a OSR, NHC or EUF zone. 4.18 VISUAL BARRIER Where a 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. Where the low-rise residential zone within 15 metres permits a building height of 14 metres, the building height shall not exceed 15 metres within 15 metres of a lot with a low-rise residential zone. Draft November 2023 www.EngageWR.ca/GrowingTogether Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 5 Parking, Loading, and Stacking 5ƩğŅƷ bƚǝĻƒĬĻƩ ЋЉЋЌ ǞǞǞ͵9ƓŭğŭĻ‘w͵ĭğΉDƩƚǞźƓŭƚŭĻƷŷĻƩ SECTION 5Page 1of 26 5.1 APPLICABILITY a) The provisions of Section 5 herein shall only apply at such time as there is: i) A change in use; and/or, ii) An increase in gross floor area on the lot; and/or, iii) A change in the amount, size and/or location of parking spaces, driveways, or drive aisles. 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 use within an existing building or existing structure and: i) There is no increase in gross floor area on the lot; and, ii) The Class B bicycle parking provisions are complied with; and, iii) The number of existing parking spaces and stacking spaces that remain on the lot is equal to or greater than the minimum parking spaces and minimum stacking spaces required for the new use in accordance with Table 5-5 and Table 5-7. 5.2 PARKING PROVISIONS a) Parking spaces and bicycle parking stalls shall be provided and maintained for each use located on a lot and shall be located on the same lot as the use(s) requiring the parking spaces and bicycle parking stalls. Land used for a hydro corridor on the same lot as the use(s) requiring the parking spaces and bicycle parking stalls may be used for required parking spaces and bicycle parking stalls. b) Despite Subsection a), parking spaces, other than barrier-free accessible parking spaces, electric vehicle parking spaces, or visitor 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 zone unless 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 a hydro corridor provided that it is an OSR zone. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 2of 26 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 use for which the parking spaces are required. f) A parking space within the required minimum 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 or SGA-1 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) All parking lots shall be provided with adequate means of ingress and egress to and from a street or lane in a forward motion, and shall be arranged so as not to interfere with the normal public use of a street or lane. c) Parking spaces, drive aisles, driveways, and 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 Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 3of 26 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) A parallel parking space adjacent to a wall or obstruction shall have an access aisle. The access aisle shall be located 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, or drive 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)c) Despite Subsections a) through c), parking spaces, loading spaces, display areas for motor vehicles or major recreational equipment for sale or rental, or drive aisles that are located within a building are subject to setback regulations 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: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 4of 26 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 or exterior side lot line and may be a tandem parking space; and, Illustration 5-1: One Tandem Illustration 5-2: One Tandem Parking Parking Space Option A 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 metres of the front lot line or exterior 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 a rear yard, except in the case of a corner lot, a through lot, or a lot abutting a lane. b) On a lot containing a street townhouse dwelling: i) parking spaces shall be located a minimum distance of 6 metres from a street line. 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 or street line; and, Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 5of 26 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 a UGC zone, or MIX zone, or on a lot with a multiple dwelling, parking spaces and drive aisles within a building shall not be located on the ground floor of such building. b) Despite Subsection a), parking spaces and drive aisles may be located on the ground floor of a building where: i) the ground floor of the building has one or more permitted uses other than a commercial parking facility that abut the street line façade; and, ii) parking spaces and drive 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. Illustration 5-3: Location of Parking Spaces on the Ground Floor of a Building Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 6of 26 5.4 DRIVEWAY 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 or lane 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) A lot having a minimum lot width of 30 metres, where a maximum of two driveways may be permitted; and, ii) A semi-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. Illustration 5-4: Measuring driveway width d) A driveway 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 or street townhouse dwelling may not exceed 8.0 metres in width. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 7of 26 Table 5-2: Private Garage Width and Driveway Width Regulations by Use Maximum driveway width Maximum private Maximum driveway width with Residential Use without an garage width an attached private garage attached private garage 50% of the lot width or a driveway may be as wide as the attached 50% of the lot garage. width. The driveway may extend beyond Single Detached 65% of the width of the Per Section 5.4 f), the width of the attached garage to a Dwelling maximum total width of 50% of the front façade closest to no driveway shall See Table 5-3 if lot is within lot; and shall be located no closer the street at grade exceed 8 metres Appendix C Central Neighbourhoods. than the required side yard setback in width. of the dwelling. Per Section 5.4 f), no driveway shall exceed 8 metres in width. 50% of the lot width or 5.2 metres, whichever is less, and a driveway may be as wide as the attached The lesser of, 50% garage. of the lot width or 5.2 metres, The driveway may extend beyond Semi-Detached whichever is less. the width of the attached garage to a 60% of the width of the Dwelling maximum total width of 50% of the front façade closest to Per Section 5.4 f), lot; and shall be located no closer See Table 5-3 if lot is within the street at grade no driveway shall Appendix C Central than the required side yard setback Neighbourhoods. exceed 8 metres of the dwelling which is not located in width. along the common wall of the same dwelling. Per Section 5.4 f), no driveway shall exceed 8 metres in width. 60% of the lot width or 5.2 metres, whichever is less. 60% of the lot The driveway may extend beyond width or 5.2 the width of the attached garage to a metres, whichever Street maximum total width of 60% of the is less. Townhouse 60% of the width of the lot; Exterior end unit driveways shall Dwelling be located no closer than the front façade closest to Per Section 5.4 f), required side yard setback of the See Table 5-3 if lot is within the street at grade no driveway shall Appendix C Central dwelling which is not located along exceed 8 metres Neighbourhoods. the common wall of the same in width. dwelling. Per Section 5.4 f), no driveway shall exceed 8 metres in width. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 8of 26 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, or street townhouse; with or without an additional dwelling unit(s) shall not project beyond the front façade of the habitable at grade 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 or street 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) A private garage shall not project beyond the front of a porch. c) On a corner lot no driveway, 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. Illustration 5-5: Corner lot driveway location Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 9of 26 d) Within a front yard, interior side yard, exterior side yard or rear yard motor vehicles shall only be parked within a private garage or on a driveway that conforms to Section 5.3. e) The driveway shall be comprised of a material that is consistent throughout the driveway, and that is distinguishable from all other ground cover or surfacing including landscaping or walkways within the front yard, interior side yard, 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 Maximum Maximum driveway Maximum driveway width with an width without an Residential Use private garage attached garage attached garage width 40% of the lot width or a driveway may be as wide as the attached garage 40% of the lot width. The driveway may extend beyond the width Single Detached 50% of the width of the attached garage to a maximum total Dwelling of the front Per Section 5.4 f), width of 40% of the lot; and shall be located façade closest to no driveway shall On a lot within Appendix C no closer than the required side yard setback Central Neighbourhoods. the street at exceed 8 metres in of the dwelling which is not located along the For all other areas, see grade width. Table 5-2. common wall of the same dwelling. Per Section 5.4 f), no driveway shall exceed 8 metres in width. 40% of the lot width or 5.2 metres, whichever 40% of the lot is less, and a driveway may be as wide as width or 5.2 the attached garage. metres, whichever Semi-Detached 50% of the width The driveway may extend beyond the width is less. Dwelling of the front of the attached garage to a maximum total width of 40% of the lot; and shall be located façade closest to Per Section 5.4 f), On a lot within Appendix C Central Neighbourhoods. no closer than the required side yard setback the street at no driveway shall For all other areas, see of the dwelling which is not located along the grade exceed 8 metres in Table 5-2. common wall of the same dwelling. width. Per Section 5.4 f), no driveway shall exceed 8 metres in width. 60% of the lot width or 5.2 metres, whichever 60% of the lot is less, and a driveway may be as wide as the attached garage. width or 5.2 Street 60% of the width metres, whichever Townhouse The driveway may extend beyond the width of the front is less. Dwelling of the attached garage to a maximum total façade closest to width of 60% of the lot; Exterior end unit On a lot within Appendix C Per Section 5.4 f), the street at Central Neighbourhoods. driveways shall be located no closer than the no driveway shall For all other areas, see grade required side yard setback of the dwelling. Table 5-2. exceed 8 metres in Per Section 5.4 f), no driveway shall exceed width. 8 metres in width. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 10of 26 5.5 BICYCLE 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 be a minimum of 1.8 metres in length, a minimum of 0.6 metres in width, and overhead clearance in covered spaces shall be a minimum of 2.1 metres. 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 abut an access aisle which shall be a minimum of 1.5 metres in width. 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 11of 26 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 5-60 8 m 2 showers 2 61-120 12 m 4 showers 2 121-180 16 m 6 showers 2 Greater than 180 20 m 8 showers g) Despite Table 5-5, the number of parking spaces required for any non-residential use requiring shower and change facilities may be reduced by 1 parking space per required shower. 5.6 MINIMUM AND MAXIMUM PARKING SPACE PROVISIONS a) Parking spaces, visitor parking spaces, and bicycle 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 SGA zone, the maximum parking space requirement in Table 5- 5 shall 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 12of 26 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 SGA Zones MIX Zones All Other Zones RESIDENTIAL Minimum 1 22 parking space No minimum 63 m GFA 63 m GFA per: Lodging House; Maximum 1 222 parking space 92 m GFA 48 m GFA 48 m GFA per: Minimum parking 0.9 per dwelling No minimum 1.0 per dwelling unit spaces: unit 5-80 dwelling units: 0.15 10% of provided 0.1 per dwelling per dwelling unit parking spaces, unit only where 5 Multiple Minimum visitor only where 11 or or more dwelling OR Residential parking spaces: more dwelling units units are on a lot Buildings: are on a lot (5)0 per 81+ dwelling units: 0.1 per dwelling unit dwelling unit Cluster Townhouse Maximum parking 1.3 per dwelling 1.3 per dwelling Dwelling; spaces (including 1.4 per dwelling unit unit unit visitor): Dwelling Unit; Minimum Class A 1 per dwelling unit 0.5 per dwelling 0.5 per dwelling unit Bicycle Parking without a private unit without a without a private garage Multiple Dwelling; Stalls: garage private garage 2, or 6 where Minimum Class B 2, or 6 where more more than 20 2, or 6 where more than 20 Bicycle Parking than 20 dwelling dwelling units are dwelling units are on a lot Stalls: units are on a lot on a lot Minimum 1 22 parking space No minimum 92 m GFA 92 m GFA per: Maximum 1 222 parking space 92 m GFA 70 m GFA 70 m GFA Residential Care per: Facility, Large Minimum 1 Class 222 A Bicycle Parking 110 m GFA 710 m GFA 710 m GFA 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 m GFA than 550 m GFA m GFA Minimum parking Residential Care n/aNo minimum 2 per facility 2 per facility spaces: Facility, Small Single-Detached Dwelling, Semi- Minimum parking Detached Dwelling, n/aNo minimum n/a 1 per dwelling unit and Street spaces: Townhouse Dwelling; Additional Dwelling Minimum parking Unit (Attached) and n/aNo minimum n/a 1 per dwelling unit Additional Dwelling spaces: Unit (Detached) Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 13of 26 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC SGA Zones MIX Zones All Other Zones NON-RESIDENTIAL Agricultural: Agriculture; Minimum parking Agriculture-n/a n/a 0 spaces: Related; and, On-Farm Diversified Minimum parking n/a n/a 3 per service bay spaces: Maximum parking 130% of the minimum n/a n/a spaces: parking spaces Automotive Minimum 1 Class Detailing and 2 A Bicycle Parking n/a n/a 1,500 m GFA Repair Operation Stall per: Minimum 1 Class 2 B Bicycle Parking n/a n/a 3,000 m GFA Stall per: Minimum 1 22 parking space No minimum 20 m GFA 20 m GFA per: Maximum 1 222 parking space 23 m GFA 15 m GFA 15 m GFA per: Brewpub Minimum 1 Class 222 A Bicycle Parking 250 m GFA 250 m GFA 250 m GFA Stall per: Minimum Class B Bicycle Parking 2 2 2 Stalls: Minimum parking Campground n/a n/a 1.1 per camp site spaces: 0, provide stacking spaces Minimum parking Car Wash n/a n/a in accordance with Section spaces: 5.11 Minimum parking Cemetery 0 0 0 spaces: Minimum 1 22 parking space No minimum 40 m GFA 40 m GFA per: Maximum 1 222 parking space 60 m GFA 23 m GFA 23 m GFA Commercial per: Entertainment Minimum 1 Class 222 A Bicycle Parking 500 m GFA 500 m GFA 500 m GFA Stall per: Minimum 1 Class 222 B Bicycle Parking 250 m GFA 250 m GFA 250 m GFA Stall per: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 14of 26 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC SGA Zones MIX Zones All Other Zones Commercial Minimum parking 0 n/a 0 Parking Facility spaces: Commercial Minimum parking Vehicle Wash n/a n/a 1 per bay spaces: Facility Minimum 1 22 parking space No minimum 40 m GFA 30 m GFA per: Maximum 1 222 Day Care Facility parking space 92 m GFA 30 m GFA 23 m GFA per: Minimum 1 Class 222 A Bicycle Parking 333 m GFA 500 m GFA 500 m GFA Stall per: Drive-Through Minimum parking 0, provide stacking spaces in n/a n/a accordance with Section 5.11 Facility spaces: Industrial Minimum 1 Employment: 22 parking space No minimum 90 m GFA 90 m GFA per: Catering Service Establishment; Heavy Repair Operation; Indoor Recycling Maximum 1 Operation; 222 parking space 92 m GFA 70 m GFA 70 m GFA Manufacturing; per: Outdoor Recycling Operation; Printing or Publishing Minimum 1 Class 222 Establishment; A Bicycle Parking 1,000 m GFA 1,500 m GFA 1,500 m GFA Stall per: Propane Facility; Restoration, Janitorial or Security Services; and, Minimum 1 Class Tradesperson or 222 B Bicycle Parking 2,000 m GFA 3,000 m GFA 3,000 m GFA Contractor's Stall per: Establishment Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 15of 26 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC SGA Zones MIX Zones All Other Zones Minimum 1 22 parking space No minimum 30 m GFA 20 m GFA per: Maximum 1 222 parking space 60 m GFA 23 m GFA 15 m GFA per: Fitness Centre Minimum 1 Class 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Stall per: Minimum 1 Class 222 B Bicycle Parking 250 m GFA 500 m GFA 500 m GFA Stall per: Minimum 1 2 parking space n/a n/a 23 m GFA per: Funeral Home Maximum 1 2 parking space n/a n/a 17 m GFA per: Minimum parking 0, provide stacking spaces in Gas Station n/a n/a accordance with Section 5.11 spaces: 2 1 per 23 m GFA, plus 4 Minimum parking n/a n/a spaces: per golf course hole Golf Course Minimum 1 Class 2 A Bicycle Parking n/a n/a 1,000 m GFA Stall per: Minimum 1 22 parking space No minimum 19 m GFA 19 m GFA per: Maximum 1 222 parking space 23 m GFA 15 m GFA 15 m GFA per: Health Clinic Minimum 1 Class 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Stall per: Minimum 1 Class 222 B Bicycle Parking 167 m GFA 333 m GFA 333 m GFA Stall per: 1 plus any 1 for occupation plus 1 for any Minimum number parking spaces non-resident employee plus Home Occupation of parking No minimum any parking spaces required required for the spaces: for the dwelling unit (1) dwelling unit (1) Minimum parking No minimum 1 per bed 1 per 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 m GFA 500 m GFA 500 m GFA Stall per: Minimum 1 Class 222 B Bicycle Parking 167 m GFA 667 m GFA 667 m GFA Stall per: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 16of 26 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC SGA Zones MIX Zones All Other Zones Minimum 1 2 parking space No minimum n/a 70 m GFA per: Maximum 1 22 parking space 70 m GFA n/a 54 m GFA per: Hospital Minimum 1 Class 22 A Bicycle Parking 750 m GFA n/a 1,000 m GFA Stall per: Minimum 1 Class 22 B Bicycle Parking 1,500 m GFA n/a 2,000 m GFA Stall per: Minimum parking No minimum 1 per guest room 1 per guest room spaces: Maximum parking 1.3 per guest 1 per guest room 1.3 per guest room spaces: room 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 Minimum parking The greater of 1 per 1,500 Industrial n/a n/a 2 spaces: m GFA, or 2 Storage and Transport: Bulk Fuel and Oil Storage Maximum 1 Establishment; 2 parking space n/a n/a 70 m GFA per: Salvage or Scrap Yard; Towing Compound; Minimum 1 Class 2 A Bicycle Parking n/a n/a 1,500 m GFA Transportation Stall per: Facility; Truck Transport Terminal; and, Minimum 1 Class 2 B Bicycle Parking n/a n/a 3,000 m GFA Warehouse Stall per: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 17of 26 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC SGA Zones MIX Zones All Other Zones Minimum 1 22 parking space n/aNo minimum 90 m GFA 90 m GFA per: Maximum 1 222 parking space 95 m GFA 70 m GFA 70 m GFA per: Light Repair Operation Minimum 1 Class 222 A Bicycle Parking 1,000 m GFA 1,500 m GFA 1,500 m GFA Stall per: Minimum 1 Class 222 B Bicycle Parking 2,000 m GFA 3,000 m GFA 3,000 m GFA Stall per: Natural Heritage Minimum parking n/a n/a 0 Conservation spaces: Minimum parking n/a n/a n/a spaces: Maximum 1 2 parking space 60 m GFA n/a n/a per: Night Club Minimum 1 Class 2 A Bicycle Parking 100 m GFA n/a n/a Stall per: Minimum Class B Bicycle Parking 2 per night club n/a n/a Stalls: Minimum 1 22 parking space n/aNo minimum 35 m GFA 35 m GFA per: Maximum 1 222 parking space 24 m GFAn/a 24 m GFA 24 m GFA per: Multi-Unit Parking Rate (2)(3)(4) Minimum 1 Class 222 A Bicycle Parking 1,000 m GFAn/a 1,000 m GFA 1,000 m GFA Stall per: Minimum 1 Class 2 333 m GFAn/a 22 B Bicycle Parking 333 m GFA 333 m GFA Stall per: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 18of 26 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC SGA Zones MIX Zones All Other Zones Office and 2 50 m GFA, only for Office-Related: Minimum 1 office GFA in 22 parking space excess of 33 m GFA 33 m GFA Biotechnological 2 per: 4,000m.No Establishment; minimum Computer, Electronic, Data Maximum 1 Processing, or 222 parking space 38 m GFA 25 m GFA 25 m GFA Server per: Establishment; Industrial Administrative Office; Minimum 1 Class 222 A Bicycle Parking 333 m GFA 500 m GFA 500 m GFA Office; Stall per: Research and Development Establishment; Minimum 1 Class and, 222 B Bicycle Parking 500 m GFA 750 m GFA 750 m GFA Stall per: Social Service Establishment Minimum parking 2 per court, plus 20 per n/a n/a spaces: playing field Outdoor Active Recreation Minimum Class B 1 per court plus 6 per Bicycle Parking n/a n/a playing field Stalls: Outdoor Passive Minimum parking n/a n/a 0 Recreation spaces: Minimum 1 22 Place of parking space No minimum 23 m GFA 23 m GFA Assembly and per: Community: Maximum 1 Community 222 parking space 75 m GFA 17 m GFA 17 m GFA Facility; per: Conference, Minimum 1 Class Convention, or 222 A Bicycle Parking 500 m GFA 1000 m GFA 1,000 m GFA Exhibition Facility; Stall per: and, Minimum 1 Class Cultural Facility 222 B Bicycle Parking 250 m GFA 500 m GFA 500 m GFA Stall per: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 19of 26 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC SGA Zones MIX Zones All Other Zones Minimum 1 22 parking space No minimum 23 m GFA 23 m GFA per: Maximum 1 222 parking space 30 m GFA 17 m GFA 17 m GFA per: Place of Worship Minimum 1 Class 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Stall per: Minimum 1 Class 222 B Bicycle Parking 250 m GFA 500 m GFA 500 m GFA Stall per: Minimum 1 22 parking space No minimum 7.5 m GFA 7.5 m GFA per: Maximum 1 222 parking space 15 m GFA 5 m GFA 5 m GFA per: Restaurant Minimum 1 Class 222 A Bicycle Parking 100 m GFA 250 m GFA 250 m GFA Stall per: Minimum Class B Bicycle Parking 2 per restaurant 2 per restaurant 2 per restaurant Stalls: Minimum 1 2 100 m GFA, including parking space n/aNo minimum n/a portables per: 2 Maximum 1 75 m GFA, 2 75 m GFA, including parking space including n/a portables per: portablesn/a School, Elementary Minimum 1 Class 22 A Bicycle Parking 1,000 m GFAn/a n/a 1,000 m GFA Stall per: Minimum 1 Class 22 B Bicycle Parking 100 m GFAn/a n/a 100 m GFA Stall per: Minimum 1 2 parking space No minimum n/a 77 m GFA per: Maximum 1 22 parking space 130 m GFA n/a 60 m GFA per: School, Post- Secondary Minimum 1 Class 22 A Bicycle Parking 50 m GFA n/a 50 m GFA Stall per: Minimum Class B 2 the greater of 1 per the greater of 1 per 50 m Bicycle Parking n/a 2 50 m GFA, or 3 GFA, or 3 Stalls: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 20of 26 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC SGA Zones MIX Zones All Other Zones Minimum 1 2 120 m GFA including parking space No minimum n/a portables per: Maximum 1 22 125 m GFA, plus 2 92 m GFA including parking space n/a Adult Education per portable portables per: School; and, School, Minimum 1 Class 22 Secondary A Bicycle Parking 500 m GFA n/a 1,000 m GFA Stall per: Minimum 1 Class 22 B Bicycle Parking 100 m GFA n/a 100 m GFA Stall per: Services and Retail: Animal Shelter; ; Building Material and Decorating Supply Establishment; Convenience Retail; Craftsperson Shop; Financial Establishment; Garden Centre, Nursery, and/or Landscaping Supply; Major Equipment Supply and Service; Pawn Establishment; Payday Loan Establishment; Personal Services; Pet Boarding; Pet Services Establishment; Print Shop; Propane Retail Outlet; Retail; and, Retail of Motor Vehicles and Major Recreational Equipment. Minimum 1 22 parking space 40 m GFA 33 m GFA No minimum per: Maximum 1 222 parking space 72 m GFA 27 m GFA 24 m GFA per: Services and Retail (see uses above) Minimum 1 Class 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Stall per: Minimum 1 Class 222 B Bicycle Parking 167 m GFA 333 m GFA 333 m GFA Stall per: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 21of 26 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC SGA Zones MIX Zones All Other Zones Minimum 1 22 parking space No minimum 40 m GFA 40 m GFA per: Training: Maximum 1 Commercial 222 parking space 42 m GFA 30 m GFA 30 m GFA Driver and per: Training Establishment; Minimum 1 Class and, 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Stall per: Commercial School; Minimum 1 Class 222 B Bicycle Parking 167 m GFA 333 m GFA 333 m GFA Stall per: Minimum 1 2 parking space n/a n/a 33 m GFA per: Maximum 1 2 parking space n/a n/a 25 m GFA Large per: Merchandise Minimum 1 Class Retail 2 A Bicycle Parking n/a n/a 1,000 m GFA Stall per: Minimum 1 Class 2 B Bicycle Parking n/a n/a 500 m GFA Stall per: 2 Minimum 1 40 m GFA, exclusive of parking space n/a n/a any parking for fleet per: vehicles 2 Maximum 1 30 m GFA, exclusive of parking space n/a n/a any parking for fleet per: vehicles Transportation Depot Minimum 1 Class 2 A Bicycle Parking n/a n/a 1,500 m GFA Stall per: Minimum 1 Class 2 B Bicycle Parking n/a n/a 3,000 m GFA Stall per: Minimum 1 22 parking space No minimum 40 m GFA 40 m GFA per: Maximum 1 Veterinary 222 parking space 53 m GFA 30 m GFA 30 m GFA Services per: Minimum 1 Class 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Stall per: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 22of 26 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC SGA Zones MIX Zones All Other Zones OTHER USES Minimum 1 22 parking space No minimum 40 m GFA 40 m GFA per: Maximum 1 All other uses not 222 parking space 42 m GFA 30 m GFA 30 m GFA otherwise 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 Additional Regulations for Minimum and Maximum Parking Requirements Table 5-5 (1) 0 parking 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 an additional 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 an additional dwelling unit(s) attached or additional dwelling unit (detached), cluster townhouse dwelling, or multiple 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. (2) The multi-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 or warehouse. (3) The following shall only apply to a multi-unit building or multi-unit development with a gross 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 or multi-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. (4) In an EMP zone, the parking space and bicycle parking stall requirements shall be the lesser of the multi-unit parking rate or the aggregate individual use requirement. (5) For the purposes of this calculation, on a lot with one or more non-residential uses, an assumption of 1 parking space per dwelling unit may be assigned and summed, and the 10% requirement applied to this sum total. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 23of 26 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) All parking spaces shall be shared between uses and unassigned. 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) Where parking spaces required for non-residential uses and large residential care facility 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 spaces shall be electric vehicle parking spaces. c) Despite Subsection b), where the calculation of the total required electric vehicle parking spaces or parking spaces designed to permit the future installation of electric vehicle supply 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 SGA 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 or portions 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. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 24of 26 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) Where an 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: i) the access aisles shall be a minimum of 1.5 metres in width; ii) the access aisle shall extend the full length of the parking space; 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 0 0 1-12 1 of total required parking spaces 13-100 4% of total required parking spaces 101-200 1, plus 3% of total required parking spaces 201-1000 2, plus 2% of total required parking spaces 1000 + 11, plus 1% total required parking spaces h) On any lot where 0 parking spaces are required, 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 spaces are provided, the following shall apply: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 25of 26 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 zone unless 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. 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) A stacking space shall be a minimum of 2.6 metres in width and a minimum of 6.5 metres in length. f) A stacking space shall lead both to and from a fueling 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 on lots within a RES zone shall be located fully within an enclosed building or structure. Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 5Page 26of 26 5.12.2 Major Recreational Equipment a) Parking or storage of major recreational equipment on lots within a RES zone shall be located fully within an enclosed building or structure. b) Despite Subsection a), major recreational equipment may be parked or stored in a rear yard, an interior side yard, or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18 of this By-law. Major recreational equipment that exceeds 1.4 metres in height and is located within an interior side yard shall be located a minimum of 1.2 metres from an interior side lot line. c) Despite Subsection a), major recreational equipment may be parked or stored on a driveway between May 1 and October 31 provided that such equipment is located outside of a driveway visibility triangle. 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 a front yard, or exterior side yard, except in a driveway. b) Despite Subsection a), a utility trailer that exceeds 6 metres in length inclusive of projections and attachments shall not be permitted on a lot within a RES zone. c) Utility trailers may be parked or stored in a rear yard, an interior side yard, or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18 of 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. Draft November 2023 www.EngageWR.ca/GrowingTogether Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 6 Strategic Growth Area Zones (SGA) 5ƩğŅƷ bƚǝĻƒĬĻƩ ЋЉЋЌ ǞǞǞ͵9ƓŭğŭĻ‘w͵ĭğΉDƩƚǞźƓŭƚŭĻƷŷĻƩ SECTION 6 Page 1 of 11 SECTION 6 – Strategic GrowthAreaZones (SGA) The Strategic Growth Area Zones apply to lands designated Strategic Growth Area A, Strategic Growth Area B, and Strategic Growth Area C in the Official Plan. 6.1 APPLICABLE ZONES SGA-1: Low Rise Growth Zone – the purpose of this zone is to create opportunities for missing middle housing and compatible non-residential uses in low-rise forms up to 11 metres in height. This zone applies to lands designated Strategic Growth Area A in the Official Plan. SGA-2: Mid Rise Growth Zone – the purpose of this zone is to create opportunities for moderate growth in mid-rise forms up to 8 storeys in height. The SGA-2 zone will permit a mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area A or Strategic Growth Area B in the Official Plan. SGA-3: High Rise Growth Zone (Limited) – the purpose of this zone is to create opportunities for high-density growth in both mid and high-rise forms up to 25 storeys in height. The SGA-3 zone will permit a wide mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area B or Strategic Growth Area C in the Official Plan. SGA-4: High Rise Growth Zone – the purpose of this zone is to create opportunities for high-density growth in both mid and high-rise forms. The SGA-4 zone will permit a wide mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area C in the Official Plan. 6.2 PERMITTED USES No person shall, within any Strategic Growth Area Zone use or permit the use of any lot or erect, alter or use any building or structure for any purpose other than those permitted uses within Table 6-1 below. Table 6-1: Permitted Uses within the Strategic Growth Area Zones Use SGA-1 SGA-2 SGA-3SGA-4 Residential Uses Dwelling unit Hospice (1) Large residential care facility (1) Lodging house (1) Multiple dwelling Semi-detached dwelling (2) (4) (3) Single detached dwelling (2) (4) (3) Small residential care facility(1) Street townhouse dwelling (2) (3) Draft – November 2023 www.EngageWR.ca/GrowingTogether SECTION 6 Page 2 of 11 Use SGA-1 SGA-2 SGA-3SGA-4 Home Occupations Home occupation (5) (5) (5) (5) Community Uses Adult education school Community facility Cultural facility Day care facility Elementary school Hospital Place of worship Post-secondary school Secondary school Social service establishment Commercial Uses Artisan’s establishment Brewpub (6) Catering services establishment Commercial entertainment Commercial parking facility Commercial school Conference, convention, or exhibition Facility Craftsperson shop Financial establishment (6) Fitness centre Health clinic (6) Hotel Light repair operation Office Payday loan establishment (6) Pawn establishment (6) Personal services Pet services establishment Print shop Restaurant (6) Retail Veterinary services (6) Creative Industry Uses Biotechnological establishment Computer, electronic, data processing or server establishment Creative products manufacturing Research and development establishment Draft – November 2023 www.EngageWR.ca/GrowingTogether SECTION 6 Page 3 of 11 Additional Regulations for Permitted Uses Table 6-1 (1) Shall be in accordance with the regulations of the SGA zone and dwelling type in which the lodging house, hospice, or large or small residential care facility is located. (2) Up to 3 dwelling units shall be permitted on a lot containing a single detached dwelling, semi-detached dwelling unit, or street townhouse dwelling unit in accordance with the regulations for additional dwelling units (attached) and (detached) in Section 4.12.1, 4.12.2, and 4.12.3. Notwithstanding Section 4.12, no minimum lot width or lot area shall apply to additional dwelling units (attached) or (detached) in an SGA zone. (3) Shall only be permitted on a lot containing an existing single detached dwelling, semi- detached dwelling, or street townhouse dwelling. (4) New single detached dwellings and semi-detached dwellings shall not be permitted. Additions and alterations to existing dwellings shall be permitted in accordance with Section 6.3.1, including allowing up to 3 units on a lot. (5) Shall be permitted in accordance with Section 4.7 (Home Occupation). (6) Shall only be permitted on corner lots and shall only be permitted in the front and exterior side yard in accordance with Section 4.14.8.1. 6.3 SGA-1 ZONE REGULATIONS 6.3.1 Single Detached, Semi-Detached, and Street Townhouse Dwelling Units a) Table 6-2 applies to single detached dwellings, semi-detached dwelling units, and street townhouse dwelling units. b) The regulations within Table 6-2 shall not apply to existing buildings or structures. Table 6-2: Single Detached, Semi-Detached, and Street Townhouse Dwelling Units Single Semi-Street Regulation Detached Detached Townhouse DwellingDwelling unit Dwelling unit 222 Minimum lot area 235m210m 135m Minimum lot width (internal unit) n/a n/a 5.5m Minimum lot width (external unit)n/a n/a 8.5m Minimum lot width 9.0m 7.5m n/a Minimum corner lot width 12.8m 12.0m 11.5m Minimum interior side yard setback 1.2m 1.2m 2.5m Minimum front yard or exterior side 4.5m(1)(2) 4.5m(1)(2) 4.5m(1) yard setback Minimum rear yard setback 7.5m 7.5m 7.5m Maximum lot coverage 55%(3) 55%(3) 55%(3) Maximum building height 11.0m 11.0m 11.0m Maximum number of storeys 3 33 Rear yard access n/a n/a (4) Draft – November 2023 www.EngageWR.ca/GrowingTogether SECTION 6 Page 4 of 11 Additional Regulations for Table 6-2 (1) For an addition to an existing dwelling or demolition and replacement of an existing dwelling, the existing front and/or exterior side yard setbacks may be used as the minimum requirement. (2) No part of any building used to accommodate off street parking shall be located closer than 6 metres to the street line. (3) 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. (4) 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 or the Region, is secured by a registered easement. 6.3.2 Multiple Dwellings, Mixed Use Buildings, and Non-Residential Buildings a) Table 6-3 applies to: i. Multiple dwellings; ii. Mixed use buildings; and, iii. Non-residential buildings. b) The regulations within Table 6-3 shall not apply to existing buildings and structures. c) Existing buildings may be converted to the following, subject only to the applicable minimum lot width, minimum lot area, parking spaces on a driveway in the front and exterior side yard, and maximum non-residential gross floor area of Table 6-3: i. a multiple dwelling with 4 or more dwelling units; ii. a mixed use building containing 1 or more dwelling units; and, iii. a non-residential building. Draft – November 2023 www.EngageWR.ca/GrowingTogether SECTION 6 Page 5 of 11 Table 6-3: MultipleDwellings, Mixed Use Buildings, and Non-Residential Buildings Number of dwelling units Non- Regulation Residential 4 (1) 5-10 11+ Building Minimum lot width 12.0m 12.0m18.0m15.0m 2222 Minimum lot area 350m 450m 700m 600m Minimum front yard setback 4.5m 4.5m 4.5m 4.5m Parking spaces on a driveway in the (2) (2) (2) n/a front and/or exterior side yard Minimum exterior side yard setback 4.0m 4.0m 4.0m 4.0m Minimum rear yard setback 7.5m 7.5m 7.5m 7.5m Minimum interior side yard setback A 1.5m 1.5m 2.5m 2.5m Minimum interior side yard setback B2.5m 2.5m 2.5m 2.5m Minimum floor space ratio n/a n/a 0.60.6 Maximum building height 11.0m 11.0m11.0m11.0m Maximum building length 20.0m 24.0m36.0m36.0m Minimum street line façade openings 20% 20% 20% 20% Minimum landscaped area 30% 30% 30% 30% Minimum rear yard landscaped area 40% 40% 40% 40% Maximum non-residential gross floor 222 100m 150m 200m 200m2 area (3) Additional Regulations for Table 6-3 (1) Shall also apply to a mixed use building containing 1-3 dwelling units. (2) Despite Section 5.3.3 b) i), parking spaces may be provided in the front and exterior side yard, provided they are located on a driveway that conforms with regulations of Section 5.4 and Table 5-2 for single detached dwelling. No additional regulations shall apply for a lot identified on Appendix C – Central Neighbourhoods. Parking spaces may be located on a driveway. (3) Non-residential gross floor area s hall not be permitted in a detached accessory building or structure. 6.4 SGA-2 ZONE REGULATIONS 6.4.1 Single Detached, Semi-Detached, and Street Townhouse Dwellings a) For single detached dwellings, semi-detached dwelling units, and street townhouse dwelling units, refer to Section 6.3.1 for regulations. 6.4.2 Multiple Dwellings, Mixed Use Buildings, and Non-Residential Buildings up to 4 Storeys in Height a) For multiple dwellings up to 4 storeys in height, mixed use buildings up to 4 storeys in height, and non-residential buildings up to 4 storeys in height, refer to Section 6.3.2 for regulations. Draft – November 2023 www.EngageWR.ca/GrowingTogether SECTION 6 Page 6 of 11 b)Further to subsection a), these buildings mayexceedthe maximum building height, maximum number of storeys, and maximum non-residential gross floor area within Table 6-3. 6.4.3 Multiple Dwellings, Mixed Use Buildings, and Non-Residential Buildings a) Table 6-4 applies to: i. Multiple dwellings 5 storeys and greater; ii. Mixed use buildings 5 storeys and greater; and, iii. Non-residential buildings 5 storeys and greater. b) The regulations within Table 6-4 shall not apply to existing buildings or structures. Table 6-4: Multiple Dwellings, Mixed Use Buildings, and Non-Residential Buildings Regulation SGA-2 For Entire Building Minimum lot width 30.0m(1) 2 Minimum lot area 1,500m Minimum yard setback 3.0m Minimum floor space ratio 1.0 Maximum building height 8 storeys Minimum façade openings 10% Minimum street line façade openings 20% Minimum landscape area 20%(2) For Storeys 7 and Above Minimum yard setback 6.0m Maximum building length 60.0m 2 Maximum floorplatearea 2,000m Transition to Low Rise Zones Maximum building height within 12m of a lot with an 12.0m SGA-1 zone or a lot with a low-rise residential zone Minimum rear yard setback where the lot abuts a lot 7.5m with an SGA-1 zone or a low-rise residential zone For Lot Lines Abutting a Priority Street Identified on Appendix G Refer to Section 6.6 for additional regulations. Private Amenity Space Requirements Refer to Section 6.7 –Private Amenity Space. Additional Regulations for Table 6-4 (1) Despite Section 3, for a lot with more than one street line, minimum lot width may be measured from the longest lot line abutting a street. (2) The requirement for a lot abutting a Priority Street segment identified on Appendix G shall be 0%. Draft – November 2023 www.EngageWR.ca/GrowingTogether SECTION 6 Page 7 of 11 6.5 SGA-3 AND SGA-4 ZONE REGULATIONS 6.5.1 Multiple Dwellings, Mixed Use Buildings, and Non-Residential Buildings up to 4 Storeys in Height a) For multiple dwellings up to 4 storeys in height, mixed use buildings up to 4 storeys in height, and non-residential buildings up to 4 storeys in height, refer to Section 6.3.2 for regulations. b) Further to subsection a), these buildings may exceed the maximum building height, maximum number of storeys, and maximum non-residential gross floor area within Table 6-3. 6.5.2 Multiple Dwellings, Mixed Use Buildings, and Non-Residential Buildings a) Table 6-5 applies to: i. Multiple dwellings 5 storeys and greater; ii. Mixed use buildings 5 storeys and greater; and, iii. Non-residential buildings 5 storeys and greater. b) The regulations within Table 6-5 shall not apply to existing buildings or structures. Table 6-5: Multiple Dwellings, Mixed Use Buildings, and Non-Residential Buildings Regulation SGA-3 & SGA-4 For Entire Building Minimum lot width 30.0m(1) 2 Minimum lot area 1,500m Minimum yard setback 3.0m Minimum building base height 3 storeys Maximum building base height 6 storeys Minimum floor space ratio 2.0 Maximum building height in the SGA-3 zone 25 storeys Minimum street line ground floor building height 4.5m Minimum façade openings 10% Minimum street line façade openings 20% For Storeys 7-12 Minimum lot width 30.0m 2 Minimum lot area 1,500m Minimum front and exterior side yard setback 6.0m Maximum building length 60.0m 2 Maximum floor plate area 2,000m Physical separation 6.0m For Storeys 13-18 Minimum lot width 36.0m 2 Minimum lot area 1,800m Draft – November 2023 www.EngageWR.ca/GrowingTogether SECTION 6 Page 8 of 11 Minimum front and exterior side yard setback 6.0m Maximum building length 54.0m 2 Maximum floor plate area 1,200m Physical separation 9.0m For Storeys 19-36 Minimum lot width 42.0m 2 Minimum lot area 2,000m, Minimum front and exterior side yard setback 6.0m Maximum building length 48.0m 2 Maximum floor plate area 900m Physical separation 12.0m For Storeys 37 and Above Minimum lot width 48.0m 2 Minimum lot area 2,400m Minimum front and exterior side yard setback 6.0m Maximum building length 36.0m 2 Maximum floor plate area 850m Physical separation 15.0m Transition to Low Rise Zones Maximum building height within 12m of a lot with an SGA-1 zone 12.0m or a lot with a low-rise residential zone Minimum rear yard setback where the lot abuts a lot with an SGA- 7.5m 1 zone or a low-rise residential zone For Lot Lines Abutting a Priority Street Identified on Appendix G Refer to Section 6.6 –Priority Streets. Private Amenity Space Requirements Refer to Section 6.7 –Private Amenity Space. Draft – November 2023 www.EngageWR.ca/GrowingTogether SECTION 6 Page 9 of 11 Additional Regulations for Table 6-5 (1) For a lot with more than one street line, minimum lot width may be measured from the longest lot line abutting a street. Illustration 6-1: Physical Separation, Building Length, and Floor Plate Area 6.6 PRIORITY STREETS a) For lot lines abutting street line segments identified on Appendix G – Priority Streets, the following shall apply: i. a Community Use or Commercial Use listed in Table 6-1 shall occupy a minimum of 50% of the street line ground floor, excluding office and commercial parking facility; ii. above grade structured parking spaces shall not be permitted along the street line ground floor or street line second floor, except for access; iii. above grade structured parking spaces shall not occupy more than 50% of the area of the street line façade within the base of a building; iv. surface parking spaces shall not be permitted within 6 metres of the street line; v. on lots zoned SGA-2, the minimum street line ground floor building height shall be 4.5 metres. The requirement for lots zoned SGA-3 and SGA-4 shall be in accordance with Table 6-5; vi. the minimum street line ground floor façade openings shall be 40%, measured between 0.5m and 4.5m above exterior finished grade along the entire width of the street line façade; Draft – November 2023 www.EngageWR.ca/GrowingTogether SECTION 6 Page10of 11 Illustration 6-2: Street Line Façade Openings Measurement vii. for storeys 1-6, the minimum interior side yard setback shall be 0m; and, viii. for storeys 2-6, the minimum front and exterior side yard shall be 0m; 6.7 PRIVATE AMENITY SPACE a) Private amenity space shall be required as follows: 2 I. In an SGA-2 zone, 4m of private amenity space is required per dwelling unit; and, 2 II. In an SGA-3 and SGA-4 zone, 8m of private amenity space is required per dwelling unit. b) Further to subsection a), balconies, where provided, may count towards private amenity space requirements where they achieve: I. A minimum depth of 1.2m; and, 2 II. A minimum area of 4m, excluding area occupied by mechanical equipment such as air conditioning units. Draft – November 2023 www.EngageWR.ca/GrowingTogether SECTION 6 Page11of 11 6.8 REDUCTIONS IN REGULATIONS RESULTING FROM STREET WIDENING a) If the acquisition of land, by registration on title on or after the date of the passing of this by-law, to widen a street or to provide a corner visibility triangle results in non- compliance with regulations existing on the date of acquisition and respecting lot area, floor space ratio, lot width or yards, a building or use shall be deemed to comply with such regulations only in the circumstances which follows: i. where the building or use existed at the date of the acquisition; ii. where a building or use is proposed to be developed by the same owner who conveyed the land for street widening or corner visibility triangle; or iii. where a building or use is proposed to be developed in strict accordance with an approved site plan applied for by a previous owner, which required the conveyance of land for street widening or corner visibility triangle; and, iv. subsections i) through iii) shall only apply provided that: i. where the lot is rezoned after the acquisition of land for street widening or corner visibility triangle, no greater benefit shall be obtained than that which could be obtained based on the zoning in effect on the date of such acquisition; and, ii. the provisions of this section shall not apply in circumstances where the conveyance of land for street widening or corner visibility triangle is a requirement of a subdivision of land approval. b) If the acquisition of land to widen a street or to provide a corner visibility triangle results in non-compliance with regulations not listed in subsection a) and existing on the date of acquisition, the non-compliance with those regulations shall be deemed to comply where the building or use legally existed on the date of the acquisition. 6.9 OUTDOOR STORAGE a) No outdoor storage shall be permitted. This shall not however prevent the display of goods for retail purposes. Draft – November 2023 www.EngageWR.ca/GrowingTogether Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 18 Transition Provisions 5ƩğŅƷ bƚǝĻƒĬĻƩ ЋЉЋЌ ǞǞǞ͵9ƓŭğŭĻ‘w͵ĭğΉDƩƚǞźƓŭƚŭĻƷŷĻƩ SECTION 18Page 1of 3 18.1 GENERAL TRANSITION MATTERS Subject to Section 1.4 and except as provided in Sections 18.2 and 18.3, 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- 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) a complete 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) a complete application for such building permit was made after the effective date of this By-law and is in respect of a lot to which Subsections 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: Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 18Page 2of 3 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 of the final approval of a plan of subdivision where draft approval for such plan of subdivision was finally granted. e) Despite Sections 1.7 and 1.8, nothing in the By-law applies to prevent the issuance of the final approval of a plan of condominium where: i) draft 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 a lot to which Subsection b) applies and the said complete application complied with the provisions of By-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. 18.4 DEEMED TO COMPLY: DEVELOPMENT APPLICATIONS IN A STRATEGIC GROWTH AREA ZONE a) For the following lots, nothing in this By-law applies to prevent the issuance of any building permit, site plan control approval, plan of subdivision approval, or plan of condominium approval where said application fully complied with the provisions of By-law Number 85-1 or 2019-051 as it existed immediately before the effective date of this By-law: i) 20 & 30 Breithaupt Street (By-law 2018-071, S.8) ii) 471, 475, 481 & 505 King Street East and 18-24 Cameron Street South (By-law 2018-073, S.4) iii) 607-641 King Street West (By-law 2021-067, S.8) Draft November 2023 www.EngageWR.ca/GrowingTogether SECTION 18Page 3of 3 iv) 61 & 65 Roy Street (By-law 2021-085, S.2) v) 134-152 Shanley Street (By-law 2022-024) vi) 890-900 King Street West (By-law 2022-038, S.2) vii) 30 Francis Street South (By-law 2022-039, S. 3) viii) 20 Ottawa Street North (By-law 2022-070, S.3) ix) 276 King Street East (By-law 2022-080, S.4) x) 95-101 Cedar Street South (By-law 2022-094, S.3) xi) 27 Roy Street (By-law 2022-110) xii) 368, 372, 374 and 382 Ottawa Street South and 99, 103, 107, 111 and 115 Pattandon Avenue (By-law 2022-114) xiii) 1251-1253 King Street East and 16 Sheldon Avenue South (By-law 2022- 138, S.3) xiv) 206 & 210 Duke Street East and 46-50 Madison Avenue North (By-law 2022-140, S.4) xv) 45-53 Courtland Avenue East (By-law 2023-033, S.4) xvi) 1001 King Street East (By-law 2023-061) xvii) 455-509 Mill Street (By-law 2023-063) xviii) 146-162 Victoria Street South and 92-110 Park Street (By-law 2023-052) xix) 787-851 King Street East / 432 Charles Street East / 5 Stirling Avenue South (SP23/035/S/KA) b) subsection a) shall not exempt any Inclusionary Zoning requirements in Section 4; and, c) subsection a) is automatically repealed on the tenth anniversary of this By-law. Draft November 2023 www.EngageWR.ca/GrowingTogether Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 19-21 Site Specific Provision, Holding Provisions, & Temporary Use Provisions 5ƩğŅƷ bƚǝĻƒĬĻƩ ЋЉЋЌ ǞǞǞ͵9ƓŭğŭĻ‘w͵ĭğΉDƩƚǞźƓŭƚŭĻƷŷĻƩ 1 of 1 , meaning the year periods at - Page for 3 . The www.EngageWR.ca/GrowingTogether Holding provision are removed by or 11H(M) zoning on a property, they are labelled as either: lding provision are met. 3). These temporary uses usually last proposed - 3). In the - - - - law. - law. - law. - the special use/regulation provision from the old zoning by property which are not usually allowed in the base zone on the property (i.e. RES either: law, as the temporary use provision from the old zoning by law, as the holding provision label from the old zoning by - - or, law, as - ; ) 1T such as ( framework of the new zoning by to fit into the framework of the new zoning by or, : these allow temporary uses on a ; : these are zoning rules which apply to a property above and beyond the base zone on the property (i.e. RES : updated to fit into the has been updated zoning on a property, they are labelled as followed b has been proposed in brackets Site Specific ProvisionsHolding ProvisionsTemporary Use Provisions In the ere they have been carried forward from the old zoning by hnumber A number in brackets such as (74)Wthe language Where they have been carried forward from the old zoning bymeaning the language AWhere they have been carried forward from the old zoning bylanguage has been updated to fit into the framework of the new zoning by November 2023 1.2.1.2.1.2. Section 19 Section 20 City Council. Section 21 a time and can be renewed after that. In the proposed zoning on a property, they are labelled as either: Draft th ; building 45 of 2 LAW - Page 1 through 6 BY of Metal Vulcanizing of storeys shall not be permitted on shall be the existing shall be required after the 5 ZONING for 1 - www.EngageWR.ca/GrowingTogether Pressing - stepback street line ground floor façade openings Punch as affected by this provision on Zoning PROPOSED building height or as an accessory use in the manufacturing of IN abutting Halls Lane, Bell Lane, and Goudies 29 metres, whichever is less. and a 3 metre , or lot line 4 and shown - , the maximum to a storeys storeys of Metal of Appendix A, the following shall apply: 3 or SGA storeys - shall be 6 xtruding and shown as affected by this provision on Zoning Grid Schedule 84, 85, building base e shall be 10 the following shall apply: 2, SGA2 and shown as affected by this provision on Zoning Grid Schedule 84, 4 and shown as affected by this provision on Schedules 40, 41, 73 and 74 uses shall only be permitted 2 Ontario Street, and Queen Street --- - : or and any Creative Industry Use listed in Table 6 for a exceeding 6 SGA orging office f , building height zoned SGA King Street, setback 84, 85, 120, and 121 , except for access; and, s buildings building height olling, r WORDING OF NEW/MODIFIED PROVISION minimum ; and,.shall be 50%; ground floor or existing Refining, the maximum residential uses Within the lands zoned 120, and 121 of Appendix A, a) storey b) fheightWithin the landsGrid Schedulea) the minimum front, interior, rear, and exterior yard setback shall be 0mb) the minimum along c) the d) the Lane shall be 0m.Within the lands zoned SGAthe maximum Within the lands zoned SGAof Appendix A, the following industrial equipment and machinery Stamping, Blanking Rubber or Rubber Products a) (1)(2)(3) 21U(M) PROPOSED PROVISION # 2 - LAW - IN OLD ZONING BY law, within the lands zoned M - Pressing of Metal PROVISION - ing, Forging or Extruding of Metal only as an accessory use 67, S.12) - law 87 - WORDING OF EXISTING RESERVERESERVEN/ANotwithstanding Section 20.2 of this Byon Schedules 40, 41, 73 and 74 of Appendix "A", described as Part of Lot 492, Registered Plan 377, Part of Lots 10 to 14 inclusive, Registered Plan 402 and Lots 7 to 10 inclusive, Registered Plan 431; the following uses shall be permitted: Refining, Rollin the manufacturing of industrial equipment and machinery Stamping, Blanking or PunchVulcanizing of Rubber or Rubber Products. (By MTSA P (1)(2)(3) 21U MTSA November 2023 P EXISTING NON PROVISION # Draft ; 87, and one , and to an z 2 45 - shall be 180 - of 3 LAW - maintained along Page BY accessory use an law Number 90 - as ZONING shall be permitted to exceed 8 n Zoning Grid Schedules 86 www.EngageWR.ca/GrowingTogether equipment law. PROPOSED - IN building height excluding body repair or rust proofing recreational shall be 4. in accordance with the regulations of the COM , a visual barrier shall be provided and 4.18 of this By one z operation and the maximum which existed prior to the passing of By , hicles or major floor space ratio esidential and shown as affected by this provision on Zoning Grid Schedule R 1 - buildings 2 and shown as affected by this provision on a Zoning Grid Schedule, the 2 and shown as affected by this provision o -motor ve shall be 4 - COM , the following shall apply: , the maximum only within 25 metres. WORDING OF NEW/MODIFIED PROVISION floor space ratio and Appendix A Automotive detailing and repairpermitted the sale or rental of automotive detailing and repair operationWhere the lands abut a the lot line in accordance with Section the lands zoned MIX a)b) Within the lands zoned MIXmaximum storeys Within 174 of Appendix AWithin the lands zoned 118, of (38)(45) 53R(M) PROPOSED PROVISION # 7 7 -- LAW - on Schedule 87 law, the following special law. ot line in accordance with - - IN OLD ZONING BY law, within the lands zoned Claw, within the lands zoned C -- portions thereof, which existed prior law. - PROVISION 158, S.2) the service or repair of motor vehicles and major - law 2004 - 180, S.11) - recreational equipment shall be in accordance with the requirements of Section 6.1 of this Byprovided and maintained along the lSection 5.11 of this Byof Appendix "A". (280 Highland Rd. W.) of Appendix "A". (373 Stirling Ave. S.) a) A car wash shall not be permitted. b) The service or repair of motor vehicles and major recreational equipment excluding body repair or rust proofing, shall be permitted, provided that such service or repair shall only be permitted within buildings or street parking for - law 90 - WORDING OF EXISTING RESERVERESERVE53RNotwithstanding Section 13.3 of this Byon Schedules 87, 118 and 140 of Appendix "A" and described in subsection 81. to Appendix "C" of this Byregulations shall apply: a) Off b) Where the lands abut a residential zone, a visual barrier shall be (By 81UNotwithstanding Section 13.1 of this Byand described in the clauses which follow: i) Part of Lots 18 and 19, Registered Plan 25 as shown ii) Omitted (By iii) Part of Lots 7 and 8, Registered Plan 25, as shown on Schedule 118 iv) Omitted v) MTSA P (38)(45)and 81U MTSA November 2023 P EXISTING NON53R PROVISION # Draft 45 1 zone. - operating of 4 utility Schedules 143, LAW - Page the following shall . BY public zone 4 - of the ZONING with a maximum of 10 residents use www.EngageWR.ca/GrowingTogether in the RES law. exclusive PROPOSED - IN the ted by this subsection on Zoning Grid Schedule shall be permitted , a visual barrier shall be provided and maintained along in accordance with the regulations of the COM affected by this provision on Zoning Grid Schedule 122 of as affected by this provision on Zoning Grid Schedules 85 single detached dwelling shall be permitted for Residential zone on Zoning Grid Schedules 72 and 73 of Appendix A, 4 and shown as affected by this provision on Zoning Grid Schedules 85 4 and shown 1 and shown as affected by this provision on Zoning Grid Schedules 85 of 5 and shown as affected by this provision on Zoning Grid 4 and shown as 1shall be permitted --2 and shown as being affec -- - - - large residential care facility RES MIU office utdoor storage o and WORDING OF NEW/MODIFIED PROVISION ffice Oon the lands;Where the lands abut a the lot line in accordance with Section 4.18 of this By a)b) Within the lands zoned apply: Within the lands zoned RESand 86 of Appendix A, Within the lands zonedand 86 of Appendix A, a in accordance with the regulations for a Within the lands zoned OSRAppendix A, office shall also be permitted.Within the lands zoned RESAppendix A, a bed and breakfast within the existing building shall also be permitted.Within the lands zoned RES174 of Appendix A, the maximum Floor Space Ratio shall be 0.95 and the maximum building height shall be 4 storeys or 11.5 metres, whichever is greater, at the highest grade.Within the lands zoned SGANumber 83 of Appendix "A", the following special regulations shall apply: (161)(164)(166)(169)(171)(189) 90U(M) PROPOSED PROVISION # - 5 - 3 on - LAW law, and - - Wilmot only, in - law, and described as - 180, and the sale or rental of - IN OLD ZONING BY d from any adjacent property law, within the lands zoned R - law, within the lands zoned R - law, within the lands zoned I - 9; Lot 17 and Part Lots 16 and 19, By PROVISION law Number 90 - the regulations of Section 13.3. 174, S.1) (City of Kitchener Housekeeping - Electric Commission of Kitchener - law 2006 - 1, S.12\[d\]) 58, S.10) law to screen any storage yar -- - to the passing of Bymotor vehicles or major recreational equipment as an accessory use to a Gas Station, service or repair business, shall be permitted in accordance with ithstanding Section 39.1 of this By law 94law 92 -- WORDING OF EXISTING se of the Hydro (By(Amended: ByAmendment) Notwithstanding Section 33.1 of this BySchedules 72 and 73 of Appendix "A" of this ByLots 24 and 25 and Part Lots 14 to 24 inclusive, Registered Plan 296; Lot 45 and Part Lot 46, Registered Plan 73Subdivision of Lot 16, German Company Tract; Lots 4 to 7 inclusive and Part Lots 1 to 3, 8 and 22, Sub. of Lot 17, German Company Tract, offices, warehousing and outdoor storage shall also be permitted for the exclusive uaccordance with the regulations set out in Section 33.3 of this Bysubject to a visual barrier being provided in accordance with Section 5.11 of this Bycontaining a residential use. (ByNotwon Schedules 85 and 86 of Appendix "A", described as Lot 76, Subdivision Lot 17, German Company Tract, office shall also be permitted in accordance with the regulations of Section 44.3.6.Notwithstanding Section 38.2.3 of this 5 on Schedules 85 and 86 of Appendix "A", described as Lot 78, Subdivision of Lot 17, German Company Tract, the maximum size of a residential care facility shall be 10 residents.RESERVEDRESERVEDRESERVED MTSA P 90U MTSA (166)(169)(171)(189) 122U111R November 2023 P EXISTING NON PROVISION # Draft 45 of 5 LAW - Page BY ; and, ZONING www.EngageWR.ca/GrowingTogether . use building mixed PROPOSED IN ground floor d on the ground floor: plus 0.1 visitor spaces per unit. 1 and shown as affected by this provision on Zoning Grid Schedule 86 of - systems shall be prohibited. spaces, where ingress and egress of vehicles to and from the street is not craftsperson shop 3 metres for any portion of the building 6 or more storeys. Restaurant site Parking shall be provided as follows: Parking for multiple dwellings shall be provided at WORDING OF NEW/MODIFIED PROVISIONOffice -Day care facilityPersonal servicesSocial Service Establishment Convenience retail Health office Ona rate of 0.7 spaces per unit Minimum and maximum height of the required visual barrier shall be 2.44 metres.The maximum building height shall be 27.75 metres. The maximum floor space ratio shall be 3.0. The minimum front yard setback (Duke Street frontage) shall be 4.1 metres. The minimum exterior side yard setback (Shanley Street frontage) shall be 5.8 metres. The minimum side yard setback shall be: i) 3.0 metres for buildings up to 5 storeys. ii) 9.The minimum rear yard setback shall be: i) 9.0 metres for buildings up to 2 storeys. ii) 12.0 metres for any portion of the building 3 or more storeys.The following uses shall also be permittei) ii) Studio and iii) iv) v) vi) vii) viii) ix) Geothermal Energy required parkingprovided in a forward motion, shall be permitted; the minimum width of each angle parking space shall be 2.54 metresDwelling units shall not be required to be located in a Dwelling units shall be permitted to locate on the a)b)c)d)e)f)g)h)i)j)a)b)c)d) Within the lands zoned COMAppendix A, the following shall apply: (174) PROPOSED PROVISION # - LAW - law, within - 152 shall be - Number 2000 IN OLD ZONING BY law - PROVISION treet is not provided in a forward motion, shall be - from the spermitted; and, being the day of passing of Bydeemed to comply with all the applicable requirements of this Bylaw. WORDING OF EXISTING Notwithstanding Sections 6.1.2 b), 6.1.2 d) and 40 of this Bythe lands zoned RLot 14, Registered Plan 158: a) required parking spaces, where ingress and egress of vehicles to and b) the minimum width of each angle parking space shall be 2.54 metres; c) the subject lands and building thereon existing on September 18, 2000 MTSA P MTSA 325R November 2023 P EXISTING NON PROVISION # Draft 45 loop and - of shall be 0.6 6 LAW g open - Page shall be 0.6 spaces BY square metres. source heat pump systems, 750 - ZONING Mulitiple Dwellings www.EngageWR.ca/GrowingTogether for Multiple Dwellings shall be 1, been removed through construction or be 70%. PROPOSED shall IN width as a percent of the width of the abutting street to Victoria Street South shall be 0 metres. gross floor area shall be 38. to Park Street shall be 0 metres. shall be 11.68. Class A bicycle parking stalls shall be 122 metres. residential - storeys . street line façade openings 4 and shown as affected by this provision on Zoning Grid Schedule 73 of - . building heightfloor space ratio front yard setbackexterior side yard setback ground floor street line façade wells are prohibited on site. A geothermal well is a well defined as a vertical well, dwelling unit per loop vertical borehole systems. A geothermal well does not include a horizontal system - s exchange systems or earth energy systems for heating or cooling; includin dwelling unit - WORDING OF NEW/MODIFIED PROVISION The minimum The minimum The maximum The maximum number of The maximum The minimum amount of nonThe minimum line shall be 70%.The minimum percent The minimum required rate of vehicle parking spaces for per The minimum required rate of spaceGeothermalborehole or pipe installation used for geothermal systems, groundgeoclosedwhere construction or excavation occurs to depths less than five metres unless the protective geologic layers overlaying a vulnerable aquifer have a)b)c)d)e)f)g)h)i)j)k) Within the lands zoned SGAAppendix A, the following shall apply: (341) PROPOSED PROVISION # for Multiple shall be LAW - loop and . - area shall be 70%. . ding open width as a percent of exchange systems or the following special dwelling unit - to Victoria Street South , gross floor per law within the lands zoned - s IN OLD ZONING BY dwelling unit shall be 38. to Park Street shall be 0 metres. Class A bicycle parking stalls shall be 11.68. shall be 122 metres.residential - 2 of this By - storeys PROVISION street line façade openings shall be 0.6 space 5 and 8 - ave been removed through construction or building heightfloor space ratio exterior side yard setback front yard setbackground floor street line façade shall be 0.6 spaces per source heat pump systems, geo - mal wells are prohibited on site. A geothermal well is a well square metres. 3 and shown as affected by this subsection on Zoning Grid - 750 MIXSchedule Number 73 of regulations shall apply:the minimum the minimum shall be 0 metres.the maximum the maximum number of the maximum the minimum amount of non1,the minimum the width of the abutting street line shall be 70%.the minimum percent the minimum required rate of vehicle parking spaces for Dwellingsthe minimum required rate of Mulitiple Dwellingsgeother loop vertical borehole systems. A geothermal well does not include - WORDING OF EXISTING Notwithstanding Tables 5 a) b) c) d) e) f) g) h) i) j) k) defined as a vertical well, borehole or pipe installation used for geothermal systems, groundearth energy systems for heating or cooling; inclucloseda horizontal system where construction or excavation occurs to depths less than five metres unless the protective geologic layers overlaying a vulnerable aquifer h MTSA P MTSA (341) November 2023 P EXISTING NON PROVISION # Draft -- ; street . In this parking 45 chedule of 7 shall be 8 Grid S LAW plus 0.05 visitor - widening and pre Page widening; - BY plus 0.1 visitor road - tall building or ZONING dwelling unit in height;in height; single detached dwelling www.EngageWR.ca/GrowingTogether per dwelling unit shall be permitted in accordance with per storeysstoreys apply: rise building - shall be 2.9 metres and regulated pre PROPOSED be 2000 square metres; ; shall be deemed to be a demonstration centre IN mid shall be 0 metres; shall be 2.5 metres; shall 4 or more 7 or more 8 storeys. of a parking spaces width as a percent of the width of the abutting dwelling units affected by this provision on Zoning parking spaces setback base setback existing use buildingbuildingbuilding with 6 the shall be 44; shall be:podium ; shall be 8.5 and shall be calculated pre shall be 2.5 and shall be calculated pre road gross floor area shall be 145.0 metres existing on August 24, 2015, and a street line façade . storeys ; buildingbuilding tower side yard building setback ; 4 and shown as of Appendix A, the following shall - 4 and shown as affected by this provision on Zoning Grid Schedule 120 2 and shown as affected by this provision on Zoning Grid Schedules 117 1 and shown as affected by this provision on Zoning Grid Schedule 86 of zone - - - building dwelling unit5 residential multiple dwelling - - per interior %; floor space ratio floor space ratiobuilding height rear yard setbackrear yard rear yard ground floor nergy Systems shall be prohibited. dwelling unit per shall be 25 22.5 metres for any portion of26.2 metres for any portion of the 33.3 metres for any portion of the WORDING OF NEW/MODIFIED PROVISION The maximum Parking shall be provided at a rate of 0.84 spacesThe minimum i)ii)iii)Geothermal Energy Systems shall be prohibited.The maximum conveyance of parklandThe maximum The maximum number That parking be provided at a rate of 0.55 parking spacesThe minimum The minimum The minimum conveyance of parkland;The minimum lineThe maximum number of storeys in the The minimum nonGeothermal EFor the purposes of this regulation, the established within a 21 of Appendix A, a a)b)c)d)a)b)c)d)e)f)g)h)i)j)k)a) Within the lands zoned SGAand 118 of Appendix A, the following shall apply: Within the lands zoned SGANumbers 118, 144 and 145 of Within the lands zoned RESand 1the regulations of the RESWithin the lands zoned EUFAppendix A, the following shall apply: (348)(362) 362R(M)379U(M) PROPOSED PROVISION # 5 - law rise - - 2 of this LAW - - Appendix Company 6 of this By - parking spaces per law, within the lands - 1 Zone was applied to 8 storeys. - ubsection on Schedule 86 of IN OLD ZONING BY law, within the lands zoned R - 5, 7, 7.3 table 7 - 5, and Section 8.3, Table 8 - 3 and shown as being affected by this - 6 and shown as being affected by this - PROVISION building setback shall be 2.9 metres and welling unit. 5.6, Table 5 1 as shown as affected by this s Notwithstanding Section 48.1 of this By - That the maximum Floor Space Ratio shall be 2.5 and shall be That parking be provided at a rate of 0.84 spaces per dwelling unit The minimum rear yard setback shall be:22.5 metres, for any portion of the building 4 or more storeys in 26.2 metres abutting any portion of the building 7 or more storeys;33.3 metres for any portion of the building imum Floor Space Ratio shall be 8.5 and shall be calculated pre road WORDING OF EXISTING law within the lands zoned MIX - Notwithstanding Sections 5.6, table 5within the lands zoned RESsubsection on Zoning Grid Schedule Numbers 117 and 118 of a)calculated pre road widening. b)plus 0.1 visitor spaces per dc)i.height;ii.iii.d) Geothermal Energy Systems shall be prohibited.Notwithstanding Section ysubsection on Zoning Grid Schedule Numbers 118, 144 and 145 of Appendix "A", the following special regulations shall apply: a) The maxwidening and pre conveyance of park land. b) The maximum building height shall be 145.0 metres. c) The maximum number of storeys shall be 44. d) That parking be provided at a rate of 0.55dwelling unit plus 0.05 visitor parking spaces per dwelling unit. e) The minimum rear yard building podium setback shall be 0 metres. f) The minimum rear yard building tower setback shall be 2.5 metres. g) The minimum interior side yardregulated pre parkland conveyance. h) The minimum ground floor street line fa9ade width as a percent of the width of the abutting street line shall be 25% i) The maximum number of storeys in the base of a midbuilding or tall building shall be 8. j) The minimum non residential gross floor area shall be 2000 square metres. k) Geothermal Energy Systems shall be prohibited.Notwithstanding Section 39.2.4 of this byon Schedules 120 and 121 of Appendix "A", described as Part of Lot 24 of Municipal Compiled Plan of Subdivision of Lot 2, German Tract, a multiple dwelling having a maximum of 6 dwelling units, shall be permitted in accordance with the regulations of Section 40.2.6.379U zoned Eon and continually used for since the date the Ethe land shall be deemed to be a demonstration centre established within MTSA P MTSA (348)(362) 362R November 2023 P EXISTING NON 379U & 481R PROVISION # Draft ces 45 law or the of - 8 LAW - Page BY ZONING free accessible parking spa - www.EngageWR.ca/GrowingTogether constructed after the date of passing barrier 4 and shown as affected by this provision - PROPOSED building IN 3, or SGA - 2, SGA - shall be provided and no .. 2, SGA - 4 and shown as affected by this provision on Zoning Grid Schedule 73 of s shall not be permitted in any -4, MIX - 73, 74, 75, 83, 84, 86, 119, 120, 122, 125, 126, 142, 143, 173, 174 of Appendix ; ; parking spaces ; ; Occupation; ; WORDING OF NEW/MODIFIED PROVISION law. - case, a demonstration centre is an establishment for showing to the public and educating the public on technologies related to energy and water sustainability; and, A minimum of 3 shall be required for a demonstration centre use established within a building existing on August 24, 2015.Day Care FacilityDwelling UnitHome OccupationHotelLodging HouseResidential Care Facility;School;Social Service EstablishmentDay Care Facility;Dwelling Unit;Home Hotel;Lodging House;Residential Care Facility;School;Social Service Establishment b)a)b)c)d)e)f)g)h)a)b)c)d)e)f)g)h) y of Kitchener has received acknowledgement from the Ministry of Environment, Conservation and Within the lands zoned SGAAppendix A, the following useof this By Within the lands zoned RESon Zoning Grid SchedulesA, the following uses shall not be permitted unless existing at the date of passing of this ByCitParks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation. U(M) 398U(M)401 PROPOSED PROVISION # - ion, law, - ired for LAW - law, within the - street parking spaces - IN OLD ZONING BY law or the City of Kitchener has law, within the lands zoned MU - - hown on Schedules 73, 74, 75, 83, 3 as s - law: PROVISION - 1 as shown as affected by this subsection on - Sections 6.1.2, 6.7.1, and 48.3.1 of this By 2 or MU - 1, MU - 108, S.24) - Notwithstanding Day Care Facility Duplex Dwelling Dwelling Unit Lodging House having 9 residents or moreMultiple Dwelling Residential Care Facility Single Detached Dwelling Street Townhouse Dwelling Tourist Home. Day Care Facility Duplex Dwelling Dwelling Unit Lodging House having 9 residents or more Multiple Dwelling ing existing on August 24, 2015 and a single detached dwelling. In law 2010 - WORDING OF EXISTING a buildthis case, a demonstration centre is an establishment for showing to the public and educating the public on technologies related to energy and water sustainability. 481R within the lands zoned Eshall be provided and no barrier free parking spaces shall be requa demonstration centre use established within a building existing on August 24, 2015.Notwithstanding Section 53.1 of this By1 as shown on Schedule 73 of Appendix 'A', as affected by this sectthe following uses shall not be permitted in any building constructed after the date of passing of this By (ByThese lands have been identified by the Region of Waterloo as of the date of passing of this Bylaw, as requiring further environmental consideration. Notwithstanding Sections 53.1, 54.1 or 55.1 of this Bylands zoned MUaffected by this section, the following uses shall not be permitted unless existing at the date of passing of this Byreceived acknowledgment from the Ministry of the Environment advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation: MTSA 1U P MTSA 398U40 November 2023 P EXISTING NON PROVISION # Draft , , - of - site - 45 building , school, of 9 new lodging house LAW , site and on - - Page BY hotel , lodging house , ZONING abutting the CN Rail right www.EngageWR.ca/GrowingTogether lot line home occupation shall not be permitted in any , home occupation PROPOSED , IN dwelling unit , dwelling unit 4 and shown as affected by this provision on Zoning Grid - , 4 and shown as affected by this provision on Zoning Grid 4 and shown as affected by this provision on Zoning Grid -- 2, or SGA. - care facility bration Assessment, to assess both potential off social service establishment ay care facility 3 or SGA3 or SGA -- day a minimum of 15.0 metres from the 6, SGA - law. - setback is Unit; WORDING OF NEW/MODIFIED PROVISION building A way;A detailed Noise and Vitransportation and stationary noise sources, has been completed to the satisfaction of the Region of Waterloo.Day Care Facility;DwellingHome Occupation;Hotel;Lodging House;Residential Care Facility;School;Social Service Establishment a)b)a)b)c)d)e)f)g)h) Within the lands zoned RESSchedule 73 of Appendix A, a dresidential care facility, school, or except for where: Within the lands zoned SGASchedules 83, 84, 122 of Appendix A, the following uses shall not be permitted unless existing on the date of passing of this By Within the lands zoned SGASchedule 84 of Appendix A, 402U(M)410U(M)427U(M) PROPOSED PROVISION # lands way is - LAW - of - y necessary law used for - law: - law, within the lands law, within the lands law, within the - -- IN OLD ZONING BY ility, residential care facility, PROVISION 139, S. 31) - 2 and shown as affected by this subsection on - law 2012 - 108, S.24)058, S.40) (Victoria Street North Mixed Use Corridor) -- 1 or MU - 6 as shown as affected by this subsection on Schedule 84 of - Residential Care Facility Single Detached Dwelling Street Townhouse Dwelling Tourist Home.have been satisfied with respect to the submission of a noise study addressing railway noise and vibration impacts and anagreement has been entered into, between the Region and the Owner, providing for the implementation of any recommended noise mitigation measures; and provided. Day Care Facility Duplex Dwelling Dwelling UnitLodging House Multiple Dwelling Residential Care Facility Single Detached Dwelling Street Townhouse Dwelling Tourist Home. w 2010 lalaw 2011 -- WORDING OF EXISTING (Amended: ByNotwithstanding Sections 53.1 and 54.1 of this Bynew building constructed after the date of passing of this Bya residential dwelling, day care faceducational establishment or tourist home shall not be permitted until: a) The City of Kitchener is in receipt of a letter from the Regional b) a 15 metre setback from the lot line abutting the rail right (ByNotwithstanding Sections 53.1 and 54.1 of this Byzoned MUpermitted unless existing on the date of passing of the By (ByNotwithstanding Sections 5.23a) and 17.1 of this Byzoned D MTSA P MTSA 402U410U427U November 2023 P EXISTING NON PROVISION # Draft site - 45 , except of . , residential ;; 10 building LAW site and on - - storeys Page storeysstoreys BY way has been provided - lodging house of - , ZONING www.EngageWR.ca/GrowingTogether l right dwelling unit , PROPOSED ; shall not be permitted in any IN abutting the CN Rai ay care facility lot line abutting an open space zoned property shall be 0.0 metres : used for a d nd shown as affected by this provision on Zoning Grid Schedule 86 of social service establishment 2 a - building building height side yard setback of 30.0 metres from the . Within Area A, as shown in the image below, shall be 13.5 metres and 4 Within Area B, as shown in the image below, shall be 22.0 metres and 6 Within Area C, as shown in the image below, shall be 37.5 metres and 11 WORDING OF NEW/MODIFIED PROVISION setback A for any parts of a care facility, school, or A detailed Noise and Vibration Assessment, to assess both potential offtransportation and stationary noise sources, has been completed to the satisfaction of the RegionThe minimum The maximum i)ii)iii) c)d)a)b) large residential care facility, small residential care facility for where: Within the lands zoned MIXAppendix A, the following shall apply: 450R(M) PROPOSED PROVISION # - LAW ot line of - rash Walls, oreys, and ted subject to the law, within the lands - wall having a minimum - he lot line abutting the CN IN OLD ZONING BY PROVISION way and shall have along such lot line a berm; - 136, S.5) (588 & 600 Queen Street South) site transportation and stationary noise sources, - of - - 1, shall be 13.5 metres and 4 storeys, 1 shall be 22.0 metres and 6 st - - law 2017 1 shall be 37.5 metres and 11 storeys. - 030, S.6) (Regional Municipality of Waterloo) - - site and on sidential dwelling, educational establishment and/or day care way can be provided. - - law 85law 85 -- 2 and shown as being affected by this subsection on Schedule of - - way. Buildings or parts thereof used for the above noted uses may metres. i) within Area A, as shown in Property Detail Schedule No. 42 of By ii) within Area B, as shown in Property Detail Schedule No. 42 of By iii) within Area C, shown in Property Detail Schedule No. 42 of Bylaw 85shall have a minimum setback of 15.0 metres from the lthe railway rightcombination berm and fence; or a crashdepth of 0.45m, designed to be vibration isolated, and designed in accordance with AECOM Submission Guidelines for Cdated June 2005, last revised July 29, 2014, and to the satisfaction of CN Rail. - of - law 2013 - WORDING OF EXISTING establishments and day care facilities may be permitcompletion of a detailed Noise and Vibration Assessment, to assess both potential offto the satisfaction of the Region of Waterloo. Any building or part thereof used for a refacility shall be located 30 metres from the lot line abutting the CN Rail rightbe permitted where a 30 metre setback from tRail right (ByNotwithstanding Sections 54.2 and 5.23 of this byzone MU a) the minimum yard abutting a residentially zoned property shall be 0.0 b) the maximum building height: c) all new dwelling units, lodging houses and residential care facilities d) dwelling units shall not be located at or below grade. (Amended: By MTSA P MTSA 450R November 2023 P EXISTING NON PROVISION # Draft , lot 45 of 11 LAW Cultural Facility - Page , Grid Schedules 74 BY City of Kitchener has ion and Parks advising shall have a minimum Residential Care Facility, g a minimum depth of 0.45 ZONING www.EngageWR.ca/GrowingTogether way and shall have along such - Exhibition Facility of - , or permitted unless the PROPOSED . IN residential care facilities ; shall not be permitted; Convention and shall not be , below grade of the railway right lot line .Conference cated at or , ; Place of Worship or 3 and shown as affected by this provision on Zoning Grid Schedules 74 3 and shown as affected by this provision on Zoning , -- following uses shall not be permitted: ; ; ; ; shall not be lo ; Social Service Establishment dwelling units, lodging houses ; Lodging House ;, a berm; combination of berm and fence; or a crash wall havin WORDING OF NEW/MODIFIED PROVISION All new setback of 15.0 metres from the linemetres, designed to be vibration isolated and designed in accordance with AECOM Submission Guidelines for crash walls, dated June 2005, last revised July 29, 2014, and to the satisfaction of CN Rail Dwelling unitsCommercial EntertainmentConference, Convention, or Exhibition FacilityCultural FacilityDwelling UnitHome OccupationHospiceHote lLodging HousePlace of WorshipResidential Care Facility;School;Social Service EstablishmentCommercial EntertainmentHotelDay Care Facility, Dwelling Unit, Hospice, Hotel, Lodging House, School, orreceived acknowledgement from the Ministry of Environment, Conservatthat a Record of Site Condition has been completed in accordance with the relevant Ontario legislation. c)d)a)b)c)d)e)f)g)h)i)j)k)l)a)b) Within the lands zoned SGAand 84 of Appendix A, the Within the lands zoned SGAand 84 of Appendix A, the following shall apply: 465U(M)468U(M) PROPOSED PROVISION # -- LAW - IN OLD ZONING BY law, within the lands zoned MU - law, within the lands zoned MU - PROVISION welling 071, S.6) (LPAT Decision PL180723) (Breithaupt Block - l Commercial Entertainment Conference or Convention Facility Duplex Dwelling Dwelling Unit Home Business Hospice Hotel Lodging House Multiple Dwelling Museum Private Club or Lodge Religious Institution Residential Care Facility Single Detached DStreet Townhouse Dwelling Tourist Home Commercial Entertainment Conference or Convention Facility HoteLodging House Museum Private Club or Lodge Religious Institution law 2018 - WORDING OF EXISTING Notwithstanding Section 55.1 of this Bysection, the following uses are prohibited: (ByPhase 3)i. Notwithstanding Section 55.1 of this Bysection, the following uses are prohibited: MTSA P MTSA 465U468U November 2023 P EXISTING NON PROVISION # Draft 45 of 12 whichever shall LAW - Page shall be 3.0 metres BY street line, ZONING street line www.EngageWR.ca/GrowingTogether PROPOSED IN from the Charles Street shall be permitted. having a height greater than 0.9 metres shall be permitted within the area 4 and shown as affected by this provision on Zoning Grid Schedules 74 4 and shown as affected by this provision on Zoning Grid Schedules 119 - - e following shall apply: brewpub exterior side yard setback structure or WORDING OF NEW/MODIFIED PROVISION building No defined in the image belowThe maximum beyond the area defined in the image below, or 7.5 metres from the be greater a)b) Within the lands zoned SGAand 84 of Appendix A, a Within the lands zoned SGAand 143 of Appendix A, th 482U(M)535R(M) PROPOSED PROVISION # - LAW - 3 as shown as Detail Schedule - rom the Ministry of the law, within the lands zoned - IN OLD ZONING BY law, within the lands zoned MU - PROVISION 641 King Street West) - aving a height greater than 0.9 metres shall 607 tial Care Facility 071, S.7) (LPAT Decision PL180723) (Breithaupt Block 067, S.7) ( - - Duplex Dwelling Home Business Hospice Lodging House Multiple Dwelling Private Home Day Care ResidenSingle Detached Dwelling Street Townhouse Dwelling Tourist Home minimum of 4.5 metres of additional setback shall be provided from the King Street East, Stirling Avenue South and Charles Street East property lines; and be permitted within the area defined by Property Detail Schedule 31 of Appendix "B"; and 3.0 metres beyond the area defined by Property law 2018law 2021 - -- WORDING OF EXISTING ii. Notwithstanding Sections 55.1 of this ByMUthis section, the following uses shall not be permitted unless the City of Kitchener has received acknowledgment fEnvironment advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation: (ByPhase 3)Notwithstanding Section 55.1 of this By3 as shown on Schedules 74 and 84 of Appendix "A", and as shown as being affected by this subsection, a brew house and/or craft distillery shall be permitted. (ByNotwithstanding Section 55.2 and Special Regulation Provision 544R of the following special regulations shall apply: a) for any portion of a building greater than 13.5 metres in height a b) no building or structure h c) the maximum yard setback from the Charles Street street line shall be MTSA P MTSA 482U535R November 2023 P EXISTING NON PROVISION # Draft lot lots 45 of es 83, 84, 13 LAW abutting the - Page BY lines lot ZONING www.EngageWR.ca/GrowingTogether abutting Hermie Place, except for lot line PROPOSED IN metres from the abutting Hermie Place and the 15.0 shall be 3.0 metres. lot line set back 2 and shown as affected by this provision on Zoning Grid Schedul - shall be the shall be providing vehicular access to and from Hermie Place shall not be permitted; side yard setback driveways rear lot line WORDING OF NEW/MODIFIED PROVISION; NewOutdoor storagedeep well waste systems which may be permitted within 4.5 metres from the Hermie Place lineThe minimum Themunicipally addressed as 14, 18, 22, 26, or 30 St. Leger Street; a)b)c)d) Within the lands zoned MIX122 of Appendix A, the following shall apply: 563R(M) PROPOSED PROVISION # - LAW - . Leger Street; hall not be permitted; IN OLD ZONING BYfrom the Hermie Place street law, within the lands zoned MU - PROVISION 156, S.54) - 31 of Appendix "B" or 7.5 metres from the street line, whichever shall be greater. within 15.0 metres of the Hermie Place street line, with the exception of deep well waste systems which may be permitted if setback a minimum of 4.5 metres line; as the southeasterly property lines coincident with the Hermie Place street line and the property lines shared with properties municipally addressed as 14, 18, 22, 26 or 30 Stheight may be increased to a maximum of 16.5 metres provided law 2010 - WORDING OF EXISTING (ByNotwithstanding Section 53.2 of this By1 and shown as affected by this subsection on Schedules 83, 84 and 122 a) introduction of new accesses to Hermie Place s b) outdoor storage of goods, materials or equipment shall not be permitted c) the minimum side yard shall be 3.0 metres; d) for the purpose of provisions (e) and (f) the rear lot lines shall be defined e) the minimum rear yard setback shall be 7.5 metres; and f) the maximum building height shall be 7.5 metres, however, the building MTSA P MTSA 563R November 2023 P EXISTING NON PROVISION # Draft with a with a 45 of 14 buildingbuilding LAW - square metres of Page ; BY per 93 ZONING below grade www.EngageWR.ca/GrowingTogether shall be provided; parking space uses PROPOSED IN of all from Moore Avenue shall be 0 metres for any portion of ovided; tting Wellington Street North; shall be 15.0 metres for any portion of a shall be 31.5 metres for any portion of a abu abutting Briethaupt Street; from Breithaupt Street shall be 0 metres for any portion of a gross floor area shall be 4.5. and are accessible to the general public, per 500 square metres shall be 50.0 metres; lot line yard setback lot line use development shall be permitted in accordance with the following: - building 3 and shown as affected by this provision on Zoning Grid Schedules 74 3 and shown as affected by this provision on Zoning Grid Schedules 74 -- of less than 21.0 metres;of less than 21.0 metres; of all uses shall be pr rear yard setback rear yard setback street parking for all uses shall be 1 ; - shall be the floor space ratiobuilding height shall be the front yard setback exterior side used for access to underground parking which is combined with an amenity of zoned SGA yard. street parking provided on the lands shall be located at or - rear lot line maximum The minimum building heightThe minimum building height WORDING OF NEW/MODIFIED PROVISION building gross floor area building The required offgrosss floor areaAll offA minimum of 1 bicycle parking space, which is either in a building or structure or within a secure area such as a supervised parking lot or enclosure with a secure entrance or within a bicycle locker, per 333 square metres of A minimum of 1 bicycle parking space, which is located in accessible and highly visible locations near the entrance of a of The front The maximum The i)ii)A landscape feature shall not be subject to regulation a) above;The The minimum building;The minimum a a)b)c)d)e)f)a)b)c)d)e) Within the lands and 84 of Appendix A, a mixed Within the lands zoned SGAand 84 of Appendix A, the following shall apply: 716R(M)717R(M) PROPOSED PROVISION # use - street - by this LAW - are accessible l not be subject to r than 7.5 metres in floor area. b. All off IN OLD ZONING BY 3), shown as affected - law, within the lands zoned High - street parking for all uses shall be 1 - rd abutting a street along Wellington Street PROVISION use development shall be permitted in accordance - a secure entrance or within a bicycle locker, per 333 058, S.41) (Victoria Street North Mixed Use Corridor) - shown as affected by this subsection, on Schedules 74 and 84 of that any building or portion thereof greateheight is set back a minimum of 15.0 metres from the rear lot line. i. The minimum rear yard abutting a street along Wellington Street North for any portion of a building with a height less than 21.0 metres shall be 15.0 metres. ii. The minimum rear yaNorth for any portion of a building with a height greater than 21.0 metres shall be 31.5 metres. with an amenity or landscape feature shalregulation a above. minimum side yard abutting a street setback from Moore Avenue shall be 0.0 metres. 3), - law 2011 -law, within the lands zoned High Intensity Mixed Use Corridor Zone WORDING OF EXISTING - (By716. Notwithstanding Sections 6.1.2a), 6.1.2b), 6.1.2d), and 55.2 of this By(MUwith the following: a. The required offparking space per 93 space metres of grossparking provided on the lands shall be located at or below grade. c. A minimum of 1 bicycle parking space, which is either in a building or structure or within a secure area such as a supervised parking lot or enclosure with square metres of gross floor area of all uses shall be provided. d. A minimum of 1 bicycle parking space, which is located in accessible and highly visible locations near the entrance of .a building andto the general public, per 500 square metres of gross floor area of all uses shall be provided. e. The front yard shall be the lot line abutting Breithaupt Street. f. The maximum Floor Space Ratio shall be 4.5.Notwithstanding Sections 55.2 of this ByIntensity Mixed Use Corridor Zone (MUdevelopment shall be permitted in accordance with the following: a. The rear yard shall be lot line abutting Wellington Street North. b. A building used for access to underground parking which is combined c. The maximum building height is 50 metres. d. The minimum front yard setback from Breithaupt Street and the MTSA P MTSA 716R717R November 2023 P EXISTING NON PROVISION # Draft ; ; ; 45 ; of 15 building parking spaces dwelling unit LAW -es 74 and 84 of rear yard setback Page shall be 7.5 metres. per BY shall be 1 space per 55 zone esidential 2 - l urban space. They include ZONING www.EngageWR.ca/GrowingTogether parking spaces abutting streets and is 2.8 metres; with an SGA commercial uses lot space shall be 1169 square metres PROPOSED IN space; retail that is 9 storeys or more; abuts a of ublic realm. This can include multistorey podiums, retailion by the owner of the site the following community lot integrated into the building design or provided on site side yard setback law are subject to compliance with the conditions set out building of the - shall be 7.1; and of two Tall Buildings are 72 metres and 59.5 metres; where the shall be 18.0 metres; gross floor area 3 and shown as affected by this provision on Schedul - 3 and shown as affected by this provision on Zoning Grid Schedule 120 of gross floor area - Floor Space Ratiobuilding heights front yard setback building height side yard setback law and in return for the provis - to the top and housing the primary function;relationship to the streetscape and pportions of a Tower which extend to the ground floor and structured parking areas;which is accessible and visible to the general public;erected, planted or suspended within a public or communapublic utilities and amenities, visible elements of service infrastructure, street lights, traffic signs and signals, street trees and other horticultural elements, general public furniture, advertising signs and decorations. e maximum Definitions For the purpose of this regulation: i)ii)iii)iv)v)vi)ThThe minimum for a Podium with a maximum height of five storeys shall be 0.0 metres;The minimum stepback for a tower above the Podium The maximum The minimum parking shall be required at a rate of 0.84 The minimum visitor parking rate shall be 10% of the total required rThe minimum parking requirement for permitted square metres of The maximum permitted Bonusing Regulations Pursuant to Section 37 of the Planning Act, the density (FSR) of development permitted by this Byin this By WORDING OF NEW/MODIFIED PROVISION The maximum The minimum a)b)c)d)e)f)g)h)i)j) a)b) Within the lands zoned SGAAppendix A, the following shall apply: Within the lands zoned SGAAppendix A, the following shall apply: 718R(M)719R(M) PROPOSED PROVISION # use - dings LAW - ned High Intensity Mixed IN OLD ZONING BY 3), shown as affected by this - law, within the lands zoned High - PROVISION shall be 7.1; b) The minimum front, side yard 3), shown as affected by this subsection, on - permitted commercial uses shall be 1 space per law, within the lands zo - S.9) (LPAT Decision PL180723) (Breithaupt Block 071, 071, S.10) (LPAT Decision PL180723) (Breithaupt Block - raffic signs and signals, street trees and other horticultural - zone is 7.5 metres. law 2018law 2018 -- WORDING OF EXISTING (ByPhase 3)Notwithstanding Sections 55.2 of this ByIntensity Mixed Use Corridor Zone (MUsubsection, on Schedules 74 and 84 of Apdevelopment shall be permitted in accordance with the following: a. The maximum building height is 18 metres. b. The minimum distance between a building and the closest residential (ByPhase 3)top and housing the primary functionground floor and any additional floors with a direct relationship to the streetscape and public realm. This can include multistorey podiums, portions of a Tower which extend to the ground floor and structured parking arintegrated into the building design or provided on site which is accessible functional and decorative elements that are placed, laid, erected, planted or suspended within a public or communal urban space. They include public utilities and amenities, visible elements of service infrastructure, street lights, telements, general public furniture, advertising signs and decorations. B) Notwithstanding Section 55.2.1, Section 55.2.2.1, Section 6.1.2a), and 6.1.2b)vi)B) of this ByUse Corridor Zone (MUaccordance with the following: Design Standards & Parking a) The maximum Floor Space Ratio abutting streets and rear yard for a Podium with a maximum height of five storeys shall be 0.0 metres; c) The minimum stepback for a tower above the Podium is 2.8 metres; d) The maximum heights of two Tall Builare 72 metres and 59.5 metres; e) The minimum parking shall be required at a rate of 0.84 spaces per residential unit; f) The minimum visitor parking rate shall be 10% of the total required residential parking; g) The minimum parking requirement for 55 square metres of gross floor area of the retail space; h) The maximum MTSA P MTSA 718R719R November 2023 P EXISTING NON PROVISION # Draft - ide of 45 of 16 residential uses LAW - Page is not more than 18 BY lot line containing ZONING fety standard that is intended ed to be below grade; www.EngageWR.ca/GrowingTogether subject to the provisions of this By building where the finished grade meets the storey podiums, portions of a Tower - PROPOSED IN building owner has satisfied the said requirements. excluding any floor area located below grade. The profit arts, cultural, community or institutional use; - that meets accepted sa shall in no way be consider building structure ; building eetscape enhancements;4 and shown as affected by this provision on Zoning Grid Schedules 74 - ; residential use pe and public realm. This can include multi building ubsidized transit passes, bicycle repair stations and unbundled parking spaces; Transportation Demand Management Measures including, bicycle parking stalls, sProvision of a transit shelter;Provision of an indoor space for nonContribution to affordable housing;Provision of strProvision of public art. Upon execution and registration of an agreement with the owner of the site pursuant to Section 37 of the Planning Act, securing the provisions of the facilities, services and matters listed above, the site islaw, provided that in the event the said agreement requires the provision of a facility, service or matter as a precondition to the issuance of a building permit, the owner may not erect or use such building until the he benefits listed below, the provisions of which shall be secured by an agreement pursuant to Section 37 of the Planning Act: i)ii)iii)iv)v)vi)that is 9 storeys or more; housing the streetscawhich extend to the ground floor and above grade structured parking areas; of tto provide protection from a potential derailment;exterior wall at an elevation not more than 0.5 metres below the elevation of the undersan interior ceiling and the maximum slope taken from the closest degrees (3:1 slope). In the case where a retaining wall has been installed to meet these criteria, that portion of the exterior walls of all storeys of a WORDING OF NEW/MODIFIED PROVISION For the purposes of regulations (b) to (h), the following definitions shall apply:i)ii)iii)iv)v)vi)vii)viii) 84 of Appendix A, the following shall apply: a) Within the lands zoned SGAand 722R(M) PROPOSED PROVISION # the 3, as profit - - LAW - law are subject to - law and in return for the - IN OLD ZONING BY an agreement with the owner of law, for the lands zoned MU - an the structure that meets accepted shall be secured by an agreement pursuant PROVISION law, provided that in the event the said - storey podiums, portions of a Tower which - ential uses that is 9 storeys or more; onship to the streetscape and public realm. This ey of the Tower portion of the building; transit shelter; c) Provision of an indoor space for non additional definitions shall apply: containing resid connecting the Base to the top and housing the residential use; with a direct relatican include multiextend to the ground floor and above grade structured parking areas; typical stor in 1897 which has cultural heritage significance and has ement requires the provision of a facility, service or matter as a WORDING OF EXISTING permitted gross floor area of retail space shall be 1169 square metres. Bonusing Regulations Pursuant to Section 37 of the Planning Act,density (FSR) of development permitted by this Bycompliance with the conditions set out in this Byprovision by the owner of the site the following community benefits listed below, the provisions of which to Section 37 of the Planning Act: a) Transportation Demand Management Measures including, bicycle parking stalls, subsidized transit passes, bicycle repair stations and unbundled parking spaces; b) Provision of a arts, cultural, community or institutional use; d) Contribution to affordable housing; e) Provision of streetscape enhancements; f) Provision of public art. Upon execution and registration of the site pursuant to Section 37 of the Planning Act, securing the provisions of the facilities, services and matters listed above, the site is subject to the provisions of this Byagreprecondition to the issuance of a building permit, the owner may not erect or use such building until the owner has satisfied the said requirementsa) Notwithstanding Section 4 of this By MTSA P MTSA 722R November 2023 P EXISTING NON PROVISION # Draft - of - ) shall 45 abutting of retail results in a shower and 17 (including any parking spaces lot lineand LAW - or Page ; BY shall be designed to residential dwellings uses law, with the following requiring office - and the uses ; and phase basis, to be calculated ured as the sum total of the abutting the CN Rail right ZONING - (including residential www.EngageWR.ca/GrowingTogether - parking spaces gross floor area shall be provided at a rate of 0.65 or part thereof devoted to parking or lot line uses residential multiple dwellings per required shower. - residential use . ntial PROPOSED may be meas building or part thereof used for IN from the electric vehicle supply equipment ess than 1500 square metres; le supply equipment reside - next lowest number. of l required for setback residential uses between the parking space building residential use shall be provided on a per(including visitor parking) may be shared among the for for non required for any non electric vehic setback residential use shall have a minimum dimension of 2.6 m in width and 5.5 m in shall not be required for non parking spaces gross floor area ; to the shall be required for any ; and parking spaces parking spaces way; parking spaces parking spaces - proposed for the respective phase and all previously completed phases; lot line back use of may be reduced by 1 - parking spaces tback set street - parking spaces uses street se from the railway to any street street - - - subject lands shall be subject to the following regulations: parking spaces residential - from Railways shall be in accordance with Section 4.16 of this By setback street - midpoint of a common wall shall be considered the face of the exterior in the case of common walls located on a No minimum to nonThe shall be a minimum of 30 metres. The following two measurements provided that a Crash Wall, or combination berm and fence are provided within the horizontal the CN Rail rightThe horizontal way; andThe vertical distance from the finished elevation of the CN railway line at the centerline of the tracks to the finished elevation of the All required offbased on the Underground length; Underground parking is permitted with a setback of 0 metres from King Street and 0 metres from Wellington Street. Required offpermitted uses;Required offspaces per unit (including visitor parking); Required offbe provided at a rate of 1 space per 69 square metres of Offcommunity space) with a A shared parking reduction of 15% shall be applied to the total parking requirement; A minimum of 20% of the permit the future installation of Where the calculation of the total required electric vehicle designed to permit the future installation of fraction, then the requirement shall be the The number of change facilities WORDING OF NEW/MODIFIED PROVISION Setbacksspecial regulations:i)ii)iii)iv)Parking on the i)ii)iii)iv)v)vi)vii)viii)ix)x)xi) b)c) PROPOSED PROVISION # - on 3 as way; - - phase - of - LAW - midpoint of a tial use. residential use; and - law, for the lands zoned MU - IN OLD ZONING BY way; and iv. The vertical distance from - PROVISION street parking shall be provided on a per - minimum setback shall be required for any building or part n 0.5 metres below the elevation of the underside of an interior back may be measured as the sum total of the following two safety standard that is intended to provide protection from a potential derailment; finished grade meets the exterior wall at an elevation not more thaceiling and the maximum slope taken from the closest lot line is not more than 18 degrees (3:1 slope). In the case where a retaining wall has been installed to meet these criteria, that portiof the building shall in no way be considered to be below grade; area measured from the exterior walls of all storeys of a building excluding any floor area located below grade. Thecommon wall shall be considered the face of the exterior in the case of common walls located on a lot line; i. Nothereof devoted to parking or to non ii. The setback from the railway to any building or part thereof used for residential dwellings shall be a minimum of 30 metres. The setmeasurements provided that a crash wall, or combination berm and fence are provided within the horizontal setback between the residential use and the lot line abutting the CN Rail right iii. The horizontal setback to the residential use from the lot line abutting the CN Rail rightofthe finished elevation of the CN railway line at the centerline of the tracks to the finished elevation of the residen6.1.2b)vii) and 6.1.2d) of this Bylaw, for the lands zoned MUfollowing special regulation shall apply: i. All required offbasis, to be calculated based on the uses proposed for the respective phase and all previously completed phases; WORDING OF EXISTING b) Notwithstanding Sections 5.23, of this By c) Notwithstanding Section 6.1.2 a), 6.1.2 b)ii)Ab), 6.1.2b) iv), 6.1.2b)vi), MTSA P MTSA November 2023 P EXISTING NON PROVISION # Draft ; cap of 45 or part of street line 18 is permitted. and the King shall be 1 per shall be 1 per building LAW; Class A Bicycle - uses Page BY showers building Facilities 2 showers46 showers8 showersgross floor area Class A bicycle parking residential shall be 0.5 ZONING - within Shower and Change www.EngageWR.ca/GrowingTogether Minimum Number of Showers residential - outlet may exceed 1,000 metres shall not be required for individual mixed use building following regulations: shall be 0%; retail ; required shall be 0%. PROPOSED use Class A Bicycle Parking Stalls Class A Bicycle Parking Stalls IN façade uses in accordance with the following table: ound floor of a 8 m2 uses 12 m216 m220 m2 residential - for an individual (FSR) shall be 7.5; residential - Class A bicycle parking stalls . of 10,000 metres squared of non shall be provided in conjunction with the Minimum Total Area of shower and change facilities esidential a. r . - Shower and Change Facilities from the abutting railway shall be required for any he subject lands shall be subject to the following regulations: or area dwelling unit and the maximum height regulation of Section 4.14.7 b) shall not apply; gross floor area , the minimum requirement for , the minimum requirement for Floor Space Ratio shall be permitted on the gr setback per shall be permitted between the Heritage House and the King Street gross floor area gross floor are gross flo treet line s use shall not be included for the purpose of the non 180inimum percentage of non on the subject lands shall be subject to the following regulations: 60120 required for any non - -- residential units with an area of 1,000 m2 or less. Retail uses Office uses 5 - buildings 61 121 The minimum requirement for parking stallsFor 500 m2 of For 1,000 m2 of Shower and change facilitiesstallsNotwithstanding the above,nonNo minimumthereof devoted to parking or to nonDwelling unitsThe minimum width of a primary ground floor The maximum The maximum squared;A maximum Office 10,000 metres squared; The mThe maximum residential Tower Floor Plate for a Tall Building shall be 850 square metres. The maximum Base height for a residential Tall Building shall be 24 metres.No A porch attached to the Heritage House shall be permitted between the Street WORDING OF NEW/MODIFIED PROVISION Greater than 180 Bicycle Parking on the subject lands shall be subject to the i)ii)iii)iv)v)Buildingsi)ii)iii)iv)v)vi)vii)viii)ix)The Heritage House on ti)ii) Bicycle Parking Stalls d)e)f) Required Number of Class A PROPOSED PROVISION # 3 as - LAW - ace per 69 residential uses - be applied to the total required electric vehicle residential uses (including - IN OLD ZONING BY law, for the lands zoned MU - PROVISION in width and 5.5 m in length; street parking (including visitor parking) may be parking stalls shall be 0.5 Class A Bicycle Stalls street parking for non - - street parking for residential uses shall be provided - street parking shall not be required for non - . Required off ii. Underground parking spaces shall have a minimum dimension of 2.6 m iii. Underground parking is permitted with a setback of 0 metres from King Street and 0 metres from Wellington Street. iv. Required offshared among the permitted uses; vat a rate of 0.65 spaces per unit (including visitor parking); vi. Required offoffice and retail) shall be provided at a rate of 1 spsquare metres of gross floor area; vii. Off(including any community space) with a gross floor area of less than 1500 square metres; viii. A shared parking reduction of 15% shall parking requirement; ix. A minimum of 20% of the parking spaces required for multiple dwellings shall be designed to permit the future installation of electric vehicle supply equipment; and x. Where the calculation of the total parking spaces or parking 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.following additional regulations shall apply: i. For Multiple Residential uses, the minimum requirement for Class A bicycle per unit. ii. For Office uses, the minimum requirement for Class A Bicycle Parking Stalls shall be 1 per 500 m2 of GFA. WORDING OF EXISTING d) Notwithstanding Section 6 of this By MTSA P MTSA November 2023 P EXISTING NON PROVISION # Draft up up tion law in 45 façade- located buildingbuilding of above 8.0 buildingbuilding 19 shall also be new this By in upper floors LAW where no Crash - Page building BY uses use street line ZONING shall be 7.5 metres; residential www.EngageWR.ca/GrowingTogether - shall be 1.5 metres. Ground level ll be 1.5 metres except if located Base of a Tall Building to a Tower , in which case there shall be no sha shall be 7.5 metres except if , in which case it shall be 4.5 metres with street line tres; façade PROPOSED street line IN street line street line street line street line and the maximum projection regulation of Sec ; shared with the railway shall be 0.0 metres for a Crash shall be permitted in the Heritage House and shall not ; and used for parking or non openings regulations of Section 55.2.1 of within 45 metres of the King Street uses setback lot line façade street line entrance of the Heritage House may be permitted between the façade of 8.0 metres; building building to the King Street from the Wellington Street from the King Street from the from the Wellington Street residential - building ; setback setback setback with frontage on King Street, a minimum stepback from the King Street setbacksetback building height addition of up to 6.0 metres in depth may be permitted along the rear elevation of setback or portion of a and the King Street and other non building Heritage House shall be deemed to comply to all applicable zoning regulations, including minimum Shall be subject to the relation to the King Street required to be located only on the ground floor with other permitted building building A canopy over the building4.14.3 b) shall not apply; The minimum horizontal separation distance from the Heritage House to a new to 8.0 metres in height to its northwest shall be 5.5 metres; The minimum horizontal separation distance from the Heritage House to a above 9.5 metres in height to its northwest shall be 18.5 metres; The minimum horizontal separation distance from the Heritage House to a newto 8.0 metres in height to its southeast shall be 11.5 metres; The minimum horizontal separation distance from the Heritage House to a new above 8.0 metres in height to its southeast shall be 40 metres; A the Heritage House; The minimum horizontal separation distance from the Heritage House to a metres in height to its southwest shall be 17.5 metres;The yards, building height, façade regulations and floor space ratio; and Retailbe of the Heritage House.TheWall and 5.0 metres for a Wall is provided; The minimum within 105 metres of the Wellington Street a maximum The maximum within 110 metres of the Wellington Street maximum For a Base of a Tall Building to a Tower shall be 3.0 meThe minimum patios may encroach within this The maximum A minimum stepback from the Wellington Street shall be 3.0 metres; A building having frontage on King Street as well as Wellington Street: 1) WORDING OF NEW/MODIFIED PROVISION iii)iv)v)vi)vii)viii)ix)x)xi)Any subject to the following regulations: i)ii)iii)iv)v)vi)vii)viii) g) PROPOSED PROVISION # --- shall LAW - residential - Facilities 2 showers4 showers6 showers8 showers Showers within Shower and Change Minimum Number of ilities may be reduced by 1 IN OLD ZONING BY residential units with an area of - 3 as shown on Schedule Numbers 74 - 8 m2 12 m216 m220 m2 PROVISION of Shower and Change Facilities shall be 1 per 1,000 m2 of GFA. Minimum Total Area minimum width of a primary ground floor façade shall be 180 60120 - -- 5 61 king Stalls 121 iii. For Retail uses, the minimum requirement for Class A Bicycle Parking Stalls iv. Shower and change facilities shall be provided in conjunction with the Class A bicycle parking stalls required for any nonresidential uses in accordance with the following table:iv. Notwithstanding the above, shower and change facilities shall not be required for individual non1,000 m2 or less. v. The number of parking spaces required for any nonuses requiring shower and change facparking space per required shower.law, for the lands zoned MUapply: i. No minimum setback from the abutting railway shall be required for any building or part thereof devoted to parking or to nonresidential use; ii. Dwelling units shall be permitted on the ground floor of a mixed use building; iii. The 0%; iv. The maximum Floor Space Ratio (FSR) shall be 7.5; v. The maximum gross floor area for an individual retail outlet may Par Class A Bicycle Greater than 180 WORDING OF EXISTING Required Number of e) Notwithstanding Sections 55.2.1, and 55.2.2, and 55.2.2.2 of this By MTSA P MTSA November 2023 P EXISTING NON PROVISION # Draft shall shall 45 of lot line 20 street line LAW - Page BY in relation to the King k ZONING setbac www.EngageWR.ca/GrowingTogether the maximum height shall be 15 metres; PROPOSED IN . street line openings regulations of Section 55.2.1 of this Bylaw in façade that is not within 45 metres of the King Street façade building to the Tower portion of a Tall Building from the southern . setback or portion of a street line Shall not be subject to the relation to the Wellington Street building 2)Canopies and stairs shall be subject to a 0.0 metre minimum Street Within 7 metres of the Wellington Street andThe minimum be 7.5 metres. WORDING OF NEW/MODIFIED PROVISION ix)Any also be subject to the following regulations: I)II) h) PROPOSED PROVISION # - 3 - LAW - 0 metres squared of non.5 metres; residential uses required - IN OLD ZONING BY law, for the lands zoned MU - ritage House shall be permitted ding and the King Street street line residential gross floor area cap of 10,000 - g up to 8.0 metres in height to its southeast PROVISION ximum residential Tower Floor Plate for a Tall exceed 1,000 metres squared; vi. A maximum gross floor area of 10,00residential uses is permitted. Office use shall not be included for the purpose of the nonmetres squared; vii. The minimum percentage of nonshall be 0%. The maBuilding shall be 850 square metres. viii. The maximum Base height for a residential Tall Building shall be 24 metres.as shown on Sfollowing additional regulations shall apply in relation to the Heritage House: i. No buildings shall be permitted between the Heritage House and the King Street street line; ii. A porch attached to the Hebetween the building and the King Street street line and the maximum heightregulation of Section 5.6.A.4) a) shall not apply; iii. A canopy over the building entrance of the Heritage House may be permitted between the builand the maximum projection regulation of Section 5.6.2a) shall not apply; iv. The minimum horizontal separation distance from the Heritage House to a new building up to 8.0 metres in height to its northwest shall be 5 v. The minimum horizontal separation distance from the Heritage House to a new building above 9.5 metres in height to its northwest shall be 18.5 metres; vi. The minimum horizontal separation distance from the Heritage House to a new buildinshall be 11.5 metres; WORDING OF EXISTING f) Notwithstanding Section 55.2. of this By MTSA P MTSA November 2023 P EXISTING NON PROVISION # Draft 45 of 21 LAW - Page BY ZONING www.EngageWR.ca/GrowingTogether PROPOSED IN WORDING OF NEW/MODIFIED PROVISION PROPOSED PROVISION # - line: - LAW - King Street, a minimum use where no crash wall is law, for the lands zoned MU IN OLD ZONING BY - t of 8.0 metres; required to be located only on the p to 6.0 metres in depth may be residential - residential uses shall be permitted in the - PROVISION tage House shall be deemed to comply to all applicable ng additional regulations shall apply within 45 metres of the vii. The minimum horizontal separation distance from the Heritage House to a new building above 8.0 metres in height to its southeast shall be 40 metres; viii. A building addition of upermitted along the rear elevation of the Heritage House; ix. The minimum horizontal separation distance from the Heritage House to a building above 8.0 metres in height to its southwest shall be 17.5 metres; x. The Herizoning regulations, including yards, building height, façade regulations and floor space ratio; and xi. Retail and other nonHeritage House and shall not beground floor with other permitted uses in upper floors of the Heritage House.followiKing Street street i. The minimum setback from the lot line shared with the railway shall be 0.0 metres for a crash wall and 5.0 metres for a building used for parking or nonprovided; ii. The minimum setback from the King Street street line shall be 1.5metres except if located within 105 metres of the Wellington Street street line, in which case it shall be 4.5 metres with a maximum building heigh iii. The maximum setback to the King Street street line shall be 7.5 metres except if located within 110 metres of the Wellington Street street line, in which case there shall be no maximum setback; iv. For a building with frontage on stepback from the King Street façade Base of a Tall Building to a Tower shall be 3.0 metres; WORDING OF EXISTING g) Notwithstanding Section 55.2. of this By MTSA P MTSA November 2023 P EXISTING NON PROVISION # Draft 45 of 22 . LAW - Page BY ZONING parking spaces www.EngageWR.ca/GrowingTogether PROPOSED 5.9 metres; IN shall be 4.4 metres; shall be shall be 4.6 metres; shall be 3.3 metres; is 2.0; shall be 17 metres or 6 storeys;. rate shall be 10% of the required side yard setback side yard setback 6 and shown as affected by this provision on Zoning Grid Schedules 86 - building height visitor parking front yard setbackrear yard setbackfloor space ratio A, the following shall apply: WORDING OF NEW/MODIFIED PROVISION a) The minimum b) The minimum c) The minimum westerly d) The minimum easterly e) The maximum f) The maximum g) The minimum Within the lands zoned RESand 87 of Appendix 738R(M) PROPOSED PROVISION # - 8 - line: - LAW - as Wellington to the Wellington Street law, for the lands zoned MU IN OLD ZONING BY - is 2.0; law, within the lands zoned R - by law in relation to the King Street façade; - PROVISION 641 King Street West) - back to the Tower portion of a Tall Building 067, S.8) (607 - v. The minimum setback from the Wellington Street street line shall be 1.5 metres. Ground level patios may encroach within this setback; vi. The maximum setback from the Wellington Street street line shall be 7.5 metres; vii. A minimum stepback from the Wellington Street façade Base of a Tall Building to a Tower shall be 3.0 metres; ix. A building having frontage on King Street as well Street: i. Shall be subject to the façade openings regulations of Section 55.2.1 of this Byand ii. Shall not be subject to the façade openings regulations of Section 55.2.1 of this Bylaw in relationfaçade. x. Canopies and stairs shall be subject to a 0.0 metre minimum setback in relation to the King Street street line.3 as shown on Schedule Numbers 7following additional regulations shall apply if greater than 45 metres of the King Street street i. Within 7 metres of the Wellington Street street line the maximum height shall be 15 metres; and iii. The minimum setfrom the southern lot line shall be 7.5 metres. a) The minimum front yard setback is 4.6 metres; b) The minimum rear yard shall be 3.3 metres; c) The minimum westerly side yard shall be 4.4 metres; d) The minimum easterly side yard shall be 5.9 metres; d) The maximum building height shall be 17 metres or 6 storeys;. e) The maximum floor space ratiof) The minimum visitor parking rate shall be 10% of the required parking. law 2021 - WORDING OF EXISTING h) Notwithstanding Section 55.2. of this By (ByNotwithstanding Section 42.2 of this and shown as being affected by this subsection on Schedule Numbers 86 MTSA P MTSA 738R November 2023 P EXISTING NON PROVISION # Draft ch is 45 which is of 23 LAW - Street Parking 6 Page - BY1/unit Spaces Permitted Class B Bicycle Stall ZONING Maximum Off www.EngageWR.ca/GrowingTogether g PROPOSED IN 4.5 metres; shall be 3.0 metres; Street Parkin shall be permitted in accordance with the following:lass A Bicycle Stall shall be a bicycle space - garage 0.18/unit0.02/unit shall be 8. shall be 3.0 metres; shall be shall be 3.6; Spaces Required building shall be 25.0 metres; Class A Bicycle Stall use 0.5 per unit without a private - storeys Minimum Off shall be 30.0 metres; shall be provided in accordance with the following: mixed 2 and shown as affected by this provision on Zoning Grid Schedule 120 of shall be provided in accordance with the following: - and floor space ratio building height lot widthexterior side yard setbackside yard setback front yard setback parking spaces UseUse street The minimumThe minimum The minimum The minimum The maximum The maximum The maximum number of WORDING OF NEW/MODIFIED PROVISION - multiple dwelling Multiple DwellingMultiple Dwelling A i)ii)iii)iv)v)vi)vii)OffBicycle parking stallsFor the purpose of regulation c) above, a Ceither in a building or structure or within a secure area such as a supervised parking lot or enclosure with a secure entrance or within a bicycle locker;For the purpose of regulation c) above, a Class B Bicycle Stall shall be a bicycle space whilocated in accessible and highly visible locations near the entrance of a building and are accessible to the general public. Multiple Dwelling Visitor a)b)c)d)e) Within the lands zoned SGAAppendix A, the following shall apply: 755R(M) PROPOSED PROVISION # 50 - Street LAW - - 6 Stall 1/unit Permitted ith the following: Parking Spaces Class B Bicycle law, within the lands - Maximum Off street parking regulations - law, within the lands zoned - IN OLD ZONING BY Street - 7), shown as affected by this - Stall 0.18/unit0.02/unit Required PROVISION private garage yard shall be 5.0 metres. Class A Bicycle Parking Spaces Minimum Off0.5 per unit without a 140, S.4) (206 & 210 Duke St. E. and 46 - r. 7), shown as affected by this subsection, on - law 2022 - 104, S.3) (270 Spadina Road East) - Dwelling UseUse Visitor a. The minimum lot width shall be 30.0 metres. b. The minimum front yard setback shall be 3.0 metres. c. The minimum side yard abutting a street shall be 3.0 metres. d. The minimum side yard shall be 4.5 metres. e. The minimum rear f. The maximum floor space ratio shall be 3.6. g. The maximum building height shall be 25.0 metres. h. The maximum number of storeys shall be 8. use building shall be permitted in accordance w - law 2018 Multiple Multiple Dwelling Multiple Dwelling - WORDING OF EXISTING (Byi. Notwithstanding Sections 4 and 41.2 of this Byzoned Residential Seven Zone (Rsubsection, on Schedule 120 of Appendix "A", a Multiple Dwelling and mixed ii. Notwithstanding Sections 6.1.2a) of this ByResidential Seven (RSchedule 120 of Appendix "A", the following offshall apply: iii. The following minimum bicycle parking requirements shall apply: iv. For the purpose of regulation iii. above, a Class A Bicycle Stall shall be a bicycle space which is either in a building or structure or within a secure area such as a supervised parking lot or enclosure with a secure entrance or within a bicycle locke v. For the purpose of regulation iii. above, a Class B Bicycle Stall shall be a bicycle space which is located in accessible and highly visible locations near the entrance of a building and are accessible to the general public. (Amended: ByMadison Ave. N.) MTSA P MTSA 755R November 2023 P EXISTING NON PROVISION # Draft as side 45of 100 multiple building of 24per unit plus ed within 41 Mill Street, ; with a - components lot width LAW - Page existing building. BY lot line will not be required for building parking spaces ZONING www.EngageWR.ca/GrowingTogether visitor parking PROPOSED shall be permitted to locate within a on a lot having a minimum IN shall be permitted within an Study and addendum letter for 19 back townhouse units) fronting Mill Street shall be uses and instruction; - per unit and to - retail (back shall be 3.0 metres for portions of a Feasibility shall be 4.5 metres; dwelling units shall be provided at a rate of 0.75 multiple dwellings of 0.7 hectares, shall be: per unit; parking spaces for may include may attract a maximum of one customer or client at any one time; lot area 1 and shown as affected by this provision on Zoning Grid Schedules 84 6 and shown as affected by this provision on Zoning Grid Schedule 86 of - - side yard setbackshall also be permitted; rear yard setback provided they are set back a minimum of 2.0 metres from a multiple dwellings multiple dwelling units r establishment greater than 10.5 metres; building setbacks : visitor parking spaces home occupation rear yards site parking shall be provided as follows: Parking foprovided at a rate of 1.0 these units;Parking for 0.1 The minimum heightThe minimum Indirect SalesA WORDING OF NEW/MODIFIED PROVISION - Oni)ii)Minimum metres and a minimum i)ii)Covered terraces, porches and decks exceeding 0.6 metres in height may be locatand In addition to Home Occupation, the following dwellingi)ii)iii)A multiple dwelling shall have a central air conditioning system, and building identified in the Noise and Vibration dated March 16, 2021 prepared by HGC Engineering. a)b)c)d)e) Within the lands zoned RESAppendix A, the following shall apply: Within the lands zoned SGAand 121 of Appendix A, no greater than 5 768R(M)772R(M) PROPOSED PROVISION # law - t, dated LAW - ccupation back townhouse - to 41 Mill Stree - - law, within the lands zoned - IN OLD ZONING BY ttract a maximum of one customer or l be provided as follows: llings shall be provided at a rate of 0.75 PROVISION 8 and shown as being affected by this - um of 2.0 metres from the property line. 5), shown as affected by this subsection, on Schedule - um Side Yard for building exceeding 10.5 metres in height site Parking shal - i) Parking for multiple dwelling units (backunits) fronting Mill Street shall be provided at a rate of 1.0 spaces per unit and visitor parking will not be required for these units. ii) Parking for multiple dwespaces per unit plus 0.1 visitor spaces per unit. minimum lot width of 100 metres and a minimum lot area of 0.7 hectares, shall be: i) Minimis 3.0 metres ii) Minimum Rear Yard is 4.5 metres may be located within side and rear yards provided they are setback a minimmultiple dwelling: i) Indirect Sales shall also be permitted. For the purposes of this 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. iii) A home occupation may aclient at any one time. building components as identified in the Noise and Vibration Feasibility Study and addendum letter for 19 March 16, 2021 prepared by HGC Engineering. WORDING OF EXISTING Notwithstanding Sections 5.6A.4, 5.13, 6.1.2, and 42.2.6 of this Bywithin the lands zoned Rregulations shall apply: a) On b) Minimum building setbacks for Multiple Dwellings on a lot having a c) Covered terraces, porches and decks exceeding 0.6 metres in height d) In addition to the Home Business uses permitted to be located in a e) A multiple dwelling shall have a central air conditioning system, and Notwithstanding Section 39.2.4 of this ByResidential Five (R MTSA P MTSA 768R772R November 2023 P EXISTING NON PROVISION # Draft - 45 lot line shall be of loop and - ; tal system results in a 25 less than 51.0 parking spaces LAW - or Page BY shall be designed to ; shall be provided, and dwelling unit ) may be shared among in relation to the uses ; ; stalls ZONING hall be 0.6 metres; aces per www.EngageWR.ca/GrowingTogether setback multiple dwellings parking spaces greater than 51.0 square metres in source heat pump systems, geo - residential multiple dwellings Class A bicycle parking stalls - dwelling unit required shall be 0%; PROPOSED ; IN visitor parking spaces electric vehicle supply equipment uses shall be provided at a rate of 10% of the required uses required for Class B bicycle parking multiple dwellings ; shall be provided for (including for per unit; residential - shall be 10.1; electric vehicle supply equipmentresidential - shall be required for non parking spaces , the minimum requirement for parking spaces visitor parking spaces parking spaces parking spaces multiple dwellings 3 and shown as affected by this provision on Zoning Grid Schedules 39 - for floor space ratio bject lands shall be provided according to the following regulations: street street street SGAstreet - -- - on the subject lands shall be subject to the following regulations: the future installation of n, then the requirement shall be the next lowest number; multiple dwellings Class A bicycle parking stalls loop vertical borehole systems. A geothermal well does not include a horizon - building Required offthe permitted uses;Required offsize shall be provided at a rate of 0.165 spaces per Required offsquare metres in size shall be provided at a rate of 0.165 spRequired offparking spacesA minimum of 10% of the permit Where the calculation of the total required electric vehicle designed to permit the future installation of fractioFor 0.5 For multiple dwellings, a minimum of 6 these may be shared with nonThe rear yard setback from the lot line abutting the lands municipally addressed as 904 King Street West shall be 0.7 metres;The side yard setback from the lot line abutting Dodds Lane sThe maximum The minimum percentage of non WORDING OF NEW/MODIFIED PROVISIONshower and change facilities pipe installation used for geothermal systems, ground Canopies and stairs shall be subject to a 0 metre minimum abutting King Street;Parking on the sui)ii)iii)iv)v)vi)vii)viii)No Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well, borehole or exchange systems or earth energy systems for heating or cooling; including openclosedwhere construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construction or excavation.Any i)ii)iii)iv) a)b)c)d)e) Within the lands zoned and 75 of Appendix A, the following shall apply: 775R(M) PROPOSED PROVISION # - 3 as - LAW - ted uses; law, for the lands - he next lowest number; his By for multiple residential uses; IN OLD ZONING BY law, for the lands zoned MU - g Units in a Multiple Dwelling shall be le supply equipment; PROVISION street parking shall be required for non - street visitor parking shall be provided at a rate of street parking for multiple dwellings greater than street parking for multiple dwellings less than 51.0 street parking (including visitor parking) may be - - - - 3 as shown on Schedules 39 and 75 of Appendix "A", - 085, S.2) (61 & 65 Roy Street) - 5 units within an existing building. zoned MUthe following additional regulations shall apply: i) canopies and stairs shall be subject to a 0.0 metres minimum setback in relation to the King Street lot line. shown on Schedules 39 and 75 of Appendix "A", the following additional regulations shall apply: i) required offshared among the permit ii) required off51.0 square metres in size shall be provided at a rate of 0.71 spaces per unit; iii) required offsquare metres in size shall be provided at a rate of 0.165 spaces per unit; iv) required off10 per cent of the required parking v) no minimum offresidential uses; vi) a minimum of 10% of the parking spaces required for multiple dwellings shall be designed to permit the future installation of electric vehic vii) where the calculation of the total required electric vehicle parking spaces or parking spaces designed to permit the future installation of electric vehicle supply equipment results in a fraction, then the requirement shall be t otwithstanding Section 6 of this By law 2021 - WORDING OF EXISTING Numbers 84 and 121 of Appendix "A", the following special regulation applies: a) The Maximum Number of Dwellin (Bya) Notwithstanding Sections 5.6.1 and 5.6.2 of t b) N MTSA P MTSA 775R November 2023 P EXISTING NON PROVISION # Draft 45 of 26 LAW - Page shall be 5.0 metres; BY shall be 6 storeys or 24.0 building ZONING shall be 2 storeys or 7.0 metres; www.EngageWR.ca/GrowingTogether tall building PROPOSED tall building of a IN of a base base be 81 metres; and shall from Dodds Lane to the Tower portion of a building height setback The minimum number of storeys in the The maximum number of storeys in the metres;The minimum The maximum The maximum number of storeys shall be 25 not including the mechanical penthouse. WORDING OF NEW/MODIFIED PROVISION v)vi)vii)viii)ix) PROPOSED PROVISION # --- 3, - 0.70 LAW - residential - ction or excavation. ertical borehole systems. A on site. A geothermal well is IN OLD ZONING BY residential uses required shall - law, for the lands zoned MU - loop v - source heat pump systems, geo - of storeys in the Base of a Tall Building PROVISION ded, and these may be shared with non loop and closed - viii) for Multiple Residential uses, the minimum requirement for Class A bicycle parking stalls shall be 0.5 Class A Bicycle Stalls per unit; ix) for Multiple Residential uses, a minimum of 6 Class B Bicycle Stalls shall be proviresidential uses; x) no Class A bicycle spaces shall be required for nonuses; xi) no shower and change facilities shall be required for nonresidential uses; and xii) Geothermal Wells are prohibited defined as a vertical well, borehole or pipe installation used for geothermal systems, groundexchange systems or earth energy systems for heating or cooling; including opengeothermal well does not include a horizontal system where construction or excavation occurs to depths less than five meters unless the protective geologic layers overlaying a vulnerable aquifer have been removed through construas shown on Schedules 39 and 75 of Appendix "A", the following additional regulations shall apply: i) the rear yard setback from the westerly lot line shall be metres; ii) the side yard setback along the northerly lot line (Dodds Lane) shall be 0.60 metres; iii) the maximum Floor Space Ratio shall be 10.1; iv) the minimum percentage of nonbe 0%; v) the minimum number shall be 2 storeys or 7.0 metres; vi) the maximum number of storeys in the Base of a Tall Building WORDING OF EXISTING c) Notwithstanding Section 55 of this By MTSA P MTSA November 2023 P EXISTING NON PROVISION # Draft of 45 of 27 LAW - d Schedule 84 of Page made pursuant to on the ground floor; BY (floor space ratio) uses listed in Section 17.1 of this ZONING www.EngageWR.ca/GrowingTogether use(s) residential - ; PROPOSED future installation of electric vehicle supply IN e; containing non for the site of 18.3; xisted on the day before the Effective Date, securing shall not be located on the ground floor; use building of 16.3 shall be provided in exchange for community benefits law is subject to compliance with the conditions set out in this - on the ground floor for any shall be 0 metres;Barrier Free Accessible listed in subsection (b) above, shall be 250 square metres; - floor space ratio back uses designed to permit the 4 and shown as affected by this provision on Zoning Gri - in the Urban Growth Centr floor space ratio law and secured through an agreement made in accordance with the provisions - an accessory amenity building floor area shall be permitted in a rear yard set t permitted by this By le 17 to the COVID parking spaces Transportation Demant Management Measures including 148 Class A Bicycle and 6 Class B Bicycle parking spaces;Dwelling UnitsWater and Energy conservation;Parkland Improvements, including all costs associated with the design and construction of Francis Green Parkette;LEED inspired building design;20 Electric Vehicle Parking stalls;28 equipment; and19% of all Dwelling Units be WORDING OF NEW/MODIFIED PROVISION law, except for those law and in return for the provision by the owner of the site the following community benefits -- Dwelling unitsDwelling unitsThe minimum ByThe minimum Where permitted pursuant to the transitional provisions set out in Section 37.1 of the Planning Act, an additional set out in this Byset out in Subsection 37(3) of the Planning Act as it existed on the day before Section 1 of ScheduWhere permitted pursuant to Section 37.1 of the Planning Act, the density developmenBylisted below, the provisions of which shall be secured by an agreement Subsection 37(3) of the Planning Act as it existed on the day before the effective date:i)ii)iii)iv)v)vi)vii)viii)Upon execution and registration on title of an agreement with the owner of the site pursuant to Subsection 37(3) of the Planning Act as it e a)b)c)d)e)f)g) Within the lands zoned SGAAppendix A, the following shall apply: 776R(M) PROPOSED PROVISION # -- LAW - residential - law, within the lands - IN OLD ZONING BY an additional floor space ratio of law, except for those uses listed in e day before section 1 of Schedule - a building containing non all be 5.0 metres; is by PROVISION 900 King Street West) Ratio) of development permitted by this By - 19 Economic Recovery Act, 2020 came into - law and secured through an agreement made in cured by an agreement made pursuant to Subsection - 038, S.2) (890 - 6 and shown as being affected by this Subsection on Schedule - shall be 6 storeys or 24 metres; vii) the minimum setback from Dodds Lane to the Tower portion of a building sh viii) the maximum building height shall be 81 metres; and ix) the maximum number of storeys shall be 25 not including the mechanical penthouse.uses on the ground floor; ground floor; listed in Section 17.1 of thsubsection ii) above, shall be 250 square metres; Section 37.1 of the Planning Act, 16.3. shall be provided in exchange for community benefits set out in this byaccordance with the provisions set out in Subsection 37(3) of the Planning Act as it existed on th17 to the COVIDforce (the "Effective Date") for a total maximum for the site of 18.3; density (Floor Space law is subject to compliance with the conditions set out in this Bylaw and in return for the provision by the owner of the site the following community benefits listed below, the provisions of which shall be se37(3) of the Planning Act as it existed on the day before the Effective Date: law 2022 - WORDING OF EXISTING (ByNotwithstanding Sections 17.1 and 17.3 of this Byzoned DNumber 84 of Appendix "A", the following special regulations shall apply: i) Dwelling Units shall be permitted in ii) Dwelling Units and accessory amenity uses shall not be located on the iii) The minimum building floor area on the ground floor for any use(s) iv) The minimum rear yard setback shall be 0.0 metres; v) Where permitted pursuant to the transitional provisions set out in vi) Where permitted pursuant to Section 37.1 of the Planning Act, the MTSA P MTSA 776R November 2023 P EXISTING NON PROVISION # Draft ; 45 building of uses 28 dwelling units with a LAW, the owner may - ; Page BY residential - zone building 1 - and shall be provided at a ZONING building permit uses www.EngageWR.ca/GrowingTogether residential PROPOSED - IN shall be provided at a rate of 0.74 for as follows: g spaces; shall be 15.0 metres for any portion of a until the owner has satisfied the said requirements. parkin shall be sharable with non shall be provided multiple dwellings building 4 and shown as affected by this provision on Zoning Grid Schedule 143 of - for law, provided that in the event the said agreement requires the provision of - shall be permitted to be located on the ground floor with non rear yard setback ned SGA parking spaces parking spaces of 5 storeys or greater that is abutting any property with an SGA site Parking spacesover 51 square metres;Visitor rate of 7% of the required WORDING OF NEW/MODIFIED PROVISION - facility, service or matter as a precondition to the issuance of a the provisions of the facilities, services and matters listed in (e) above, the site is subject to the provision of this Byanot erect or use such Dwelling unitsOni)ii)The minimum height a)b)c) Within the lands zoAppendix A, the following shall apply: 777R(M) PROPOSED PROVISION # with the building LAW - law within the - law, provided that in - IN OLD ZONING BY PROVISION rmitted to be located on the ground floor with lling Units be Barrier Free Accessible. of the facilities, services and matters listed in (v) above, 3 and shown as being affected by this subsection on - 039, S. 3) (30 Francis Street South) - site Parking shall be provided as follows: - a) Transportation Demand Management Measures including 148 Class A Bicycle and 6 Class B Bicycle parking spaces; b) Dwelling Units in the Urban Growth Centre; c) Water and Energy conservation; d) Parkland Improvements, including all costs associated design and construction of Francis Green Parkette; e) LEED inspired building design; f) 20 Electric Vehicle Parking stalls; g) 28 spaces designed to permit the future installation of electric vehicle supply equipment; and h) 19% of all Dweowner of the site pursuant to Subsection 37(3) of the Planning Act as it existed on the day before the Effective Date, securing the provisions the site is subject to the provisions of this Bythe event the said agreement requires the provision of a facility, service or matter as a precondition to the issuance of a permit, the owner may not erect or use such building until the owner has satisfied the said requirements.non residential uses. i) Parking for multiple dwellings shall be provided at a rate of 0.74 for units over 51 square metres. law 2022 - WORDING OF EXISTING vii) Upon execution and registration on title of an agreement with the (ByNotwithstanding Sections 5.11, 6.1.2, and 55.2.1 of this Bylands zoned MUSchedule Number 143 of Appendix 'A' the following special regulations shall apply: a) Dwelling units shall be pe b) On MTSA P MTSA 777R November 2023 P EXISTING NON PROVISION # Draft . The 45 of 29 abutting any LAW shall be 12; - Page dwelling units BY building shall be 33; ted. This shall not, however, ZONING containing www.EngageWR.ca/GrowingTogether ; building storeys bicycle parking spaces PROPOSED IN bicycle parking spaces abutting Eby Street shall be 2.0 metres; abutting Eby Street shall be 0 metres; g King Street shall be 2.0 metres;e ground floor; term - purposes; shall be 4.5 metres for any portion of a abutting King Street shall be 2.0 metres; abuttin from the northwest property line (I.e., abutting 270 King Street shall be 4.0 metres; retail shall be 4.8; term publicly accessible shall be 28.5 metres or 7 - ; shall be required for any permitted use. zone and shown as affected by this provision on Zoning Grid Schedule 120 of 1 2 - - of goods, materials or equipment shall be permit SGA floor space ratiobuilding heightfront yard setbackexterior side yard setback side yard setback shall not be located on th side yard setback front yard setbackexterior side yard setback rear yard setback parking spaces eet str - WORDING OF NEW/MODIFIED PROVISION outdoor storage The minimum property with an The minimum and maximum height of the required visual barrier shall be 2.44 metres. The maximum The maximum The minimum The maximum The minimum The maximum The minimum East) shall be 1.2 metres;The minimum Dwelling unitsAn outdoor rooftop amenity area shall be provided for a outdoor rooftop amenity area shall have a minimum area of 100 square metres;No prevent the display of goods for The minimum number of secured, longThe minimum number of shortNo off d)e)a)b)c)d)e)f)g)h)i)j)k)l)m)n) Within the lands zoned SGAAppendix A, the following shall apply: 778R(M) PROPOSED PROVISION # LAW - residential uses and law, within the lands - - IN OLD ZONING BY uare metres. Eby Street shall be 0 metres. harable with non atio shall be 4.8. PROVISION 2) and shown as affected by this provision on - setback shall be 4.0 metres. 070, S.3) (20 Ottawa Street North) - ii) Visitor Parking shall be sshall be provided at a rate of 7% of the required parking. the building 5 or more storeys abutting any Residentially Zoned Property. shall be 4.5 metres. be 2.44 metres. for upper storeys of a building and 0.8 metres for the ground floor. metres. abutting 270 King Street East) shall be 1.2 metres.containing dwelling units. The outdoor rooftop amenity area shall have a minimum area of 100 sq law 2022 - WORDING OF EXISTING c) The minimum rear yard setback shall be 15.0 metres for any portion of d) The minimum yard setback abutting any Institutional zone property e) The minimum and maximum height of the required visual barrier shall (ByNotwithstanding Sections 6.1.2 and 14A of this byzoned East Market Zone (DSchedule Number 120 of Appendix A, the following special regulations shall apply: a) The maximum floor space r b) The maximum building height shall be 28.5 metres or 7 storeys. c) The minimum front yard setback abutting King Street shall be 0 metres d) The maximum front yard setback abutting King Street shall be 2.0 e) The minimum side yard abutting f) The maximum side yard abutting Eby Street shall be 2.0 metres. g) The minimum side yard setback from the northwest property line (i.e., h) The minimum rear yard i) Dwelling units shall not be located on the ground floor. j) An outdoor rooftop amenity area shall be provided for a building MTSA P MTSA 778R November 2023 P EXISTING NON PROVISION # Draft street 45 Building of , and; shall be 36 30 ; LAW - ve finished grade Page . BY and 4.5 metres from of 3.95 metres. Building Height dwelling units Building Height ZONING street line setback street line www.EngageWR.ca/GrowingTogether not incorporating structured parking not exceeding 3.0 metres in shall be: which includes partially below grade from the " shall mean the vertical distance between which includes structured parking shall be with more than 3 related to such yard at that point closest to PROPOSED lot line building IN by this provision on Zoning Grid Schedules 119 Height lot line building not exceeding 4.0 metres in height; not exceeding 9.0 metres in exceeding 9.0 metres in multiple dwelling exceeding 4.0 metres in height, provided however Building multiple dwelling of 14 metres; " ) multiple dwelling g building buildingbuilding building for lands be: along the northerly for a for any portion of a for a for a lot containing a building height 1 and shown as affected - building height floor space ratio located on the ground floor are not required to have an exclusive use patio area. lot width front yard setbackside yard setback rear yard setback ished grade elevation along the shall be 3.5 metres; and the edge of a driveway a distance of 3 metres 1.5 metres for any portion of a 3.0 metres for any portion of a WORDING OF NEW/MODIFIED PROVISION The minimum metres;The maximum structured parking shall be 16 metres. Any shall have a maximum The maximum 1.46;The minimum i) 3.0 metres for any portion of the ii) 5.2 metres for any portion of a that 3rd and 4th floor building projections are permitted to have a For the purposes of regulations f) to the lowest finthe building and the horizontal extension of the uppermost point of the building:The minimum HeightThe minimum i)ii)Dwelling unitsh) Stairs, access ramps and porches having height greater than 0.6 metres abolevel are permitted within the front yard and within 3.0 metres of a i) That a "driveway visibility triangle" shall be measured from the point of intersection of a linethe edge of the driveway. a)b)c)d)e)f)g)h)i)j) Within the lands zoned SGAand 120 of appendix A, the following shall apply: 779R(M) PROPOSED PROVISION # s LAW - law within the - the following special term bicycle parking spaces IN OLD ZONING BY- term publicly accessible bicycle parking - PROVISION 7 and shown as being affected by this subsection on provided however that 3rd and 4th floor building 33. - 080, S.4) (276 King Street East) - street parking shall be required for any permitted use. - permitted. This shall not, however, prevent the display of goods or materials for retail purposes. shall be spaces shall be 12. 3.0 metres for any portion of the building not exceeding 4.0 metres in height,5.2 metres for any portion of a building exceeding 4.0 metres in height, projections are permitted to have a setback of 3.95 metres. law 2022 - WORDING OF EXISTING hall be 1.46. k) No outdoor storage of goods, materials or equipment shall be l) The minimum number of secured, long m) The minimum number of short n) No off (ByNotwithstanding Sections 4.2, 5.6, 6.1 and 41.2 of this Bylands zoned RSchedule Numbers 119 and 120 of Appendix 'A', regulations shall apply to a Multiple Dwelling:a) The minimum lot width for a lot containing a multiple dwelling with more than 3 dwelling units shall be 36 metres.b) The maximum building height for a multiple dwelling which includepartially below grade structured parking shall be 16 metres. Any multiple dwelling not incorporating structured parking shall have a maximum height of 14 metres.c) The maximum floor space ratio for a multiple dwelling which includes structured parkingsd) The minimum front yard setback for lands included on Appendix 'H' shall be: For purposes of this regulation "building height" shall mean the vertical distance between the lowest finished grade elevation along the lot line related to such yard at that point closest to the building and the horizontal extension of the uppermost point of the building.e) The minimum rear yard setback for any portion of a building not exceeding 3.0 metres inheight shall be 3.5 metres. MTSA P MTSA 779R November 2023 P EXISTING NON PROVISION # Draft ; 45 of 31 LAWdwelling unit - Page BY and be provided at a rate ZONING uses www.EngageWR.ca/GrowingTogether residential - PROPOSED IN this provision on Zoning Grid Schedule 121 of are to be provided in accordance with Section 5 shall be permitted uses and may locate within a ; ; restaurant shall be 9.4 metres; shall be 7.2; parking spaces k and 051. shall be sharable with non - parking spaces shall be 418.06 square metres; 1 and shown as affected by 3 and shown as affected by this provision on Zoning Grid Schedules 173 - - for multiple dwellings shall be provided at a rate of 0.64 per residential uses law 2019 - floor space ratio rear yard setbaclot area parking spaces site parking shall be provided as follows; Parking spacesVisitor of 7% of the required Bicycle and electric vehicle of Zoning By WORDING OF NEW/MODIFIED PROVISION - The maximum Oni)ii)iii)The minimum Geothermal Energy Systems shall be prohibited. An building containing The minimum a)b)c)d)a)b) Within the lands zoned MIXand 174 of Appendix A, the following shall apply: Within the lands zoned SGAAppendix A, the following shall apply: 780R(M)781R(M) PROPOSED PROVISION # 5), - LAW - law within the lands - residential uses and - l apply: e not required to have an IN OLD ZONING BY 7% of the required parking. 051; - Ratio shall be 7.2. PROVISION law 2019 - ity triangle" shall be measured from the point of law, within the lands zoned Residential Five Zone (R - 122, S.3) (1668 King Street East) - 3 and shown as being affected by this subsection on Schedule - nimum side yard setback along the northerly lot line: 1.5 metres for any portion of a building not exceeding 9.0 metres in height, and3.0 metres for any portion of a building exceeding 9.0 metres in height.i) Parking for multiple dwellings shall be provided at a rate of 0.64 spaces per unit. ii) Visitor Parking shall be sharable with nonbe provided at a rate of iii) Bicycle and electric vehicle parking are to be provided in accordance with By site Parking shall be provided as follows: - law 2022 - WORDING OF EXISTING f) The mig) Dwelling units located on the ground floor arexclusive use patio area.h) Stairs, access ramps and porches having height greater than 0.6 metres above finished grade level are permitted within the front yard and within 3.0 metres of a street line.i) That a "driveway visibilintersection 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.Notwithstanding Sections 6.1.2, and 55.2.1 of this Byzoned MUNumbers 173 and 174 of Appendix 'A' the following special regulations shall apply: a) The maximum Floor Space b) On c) The minimum rear yard setback shall be 9.4 metres. d) Geothermal Energy Systems shall be prohibited. (ByNotwithstanding Sections 39.1 and 39.2.4 and Special Use Provision 164U of this Byshown as affected by this subsection, on Schedule Number 121 of Appendix "A", the following special regulations shala) An Artisan's Establishment and Restaurant shall be permitted uses and may locate within a building containing residential uses; MTSA P MTSA 780R781R November 2023 P EXISTING NON PROVISION # Draft gross 45 of shall be 0.5 32 parking spaces LAW - Page or results in a fraction, es; BY residential uses; shall be designed to - shall be provided, and 0.43 spaces per unit; of 167 square metres of ZONING equipment ; www.EngageWR.ca/GrowingTogether shall be 4 units. parking spaces ; shall be 2.0 metr multiple dwellings residential uses and be provided at a rate Class A bicycle parking stalls - PROPOSED ing unit IN greater than 51.0 square metres in size shall dwell property line multiple dwelling per required for electric vehicle supply ; Class B Bicycle Parking Stalls for the entire site shall be 2.4; in a shall be 1 parking space per affected by this provision on Zoning Grid Schedule 143 of from eastern shall be 19 metres; shall be 8.6; multiple dwellings electric vehicle supply equipmentresidential uses. per unit; - mum of 6 for the entire site shall be 21 metres including roof top mechanicals. shown as affected by this provision on Zoning Grid Schedule 85 of parking spaces parking spaces shall be sharable with nonparking spaces dwelling units shall be 13.72 metres; and , a mini 2 and , the minimum requirement for 3 and shown as commercial uses - - for multiple dwellings shall be provided at a rate parking for floor space ratioFloor Space Ratio (FSR) building height shall be permitted to be located on the ground floor with non lot widthside yard setbackrear yard setback street - parking spaces ; law. - multiple dwellings multiple dwellings street parking for site parking shall be provided as follows:street visitor parking shall be provided at a minimum rate of 10%; Parking spacesVisitor of 10% of the required Bicycle and electric vehicle parking are to be provided in accordance with Section 5 of this By WORDING OF NEW/MODIFIED PROVISION --- The minimum Offfloor areaThe maximum number of The maximum Oni)ii)iii)Dwelling unitsGeothermal Energy Systems shall be prohibited. Required offbe provided at a rate of 0.7 OffA minimum of 10% of the permit the future installation of Where the calculation of the total required electric vehicle designed to permit the future installation of then the requirement shall be the next lowest number. For Class A Bicycle Parking StallsFor these may be shared with nonThe maximum The minimum The minimum The maximum c)d)e)a)b)c)d)a)b)c)d)e)f)g)h)i)j) Within the lands zoned SGAAppendix A, the following shall apply: Within the lands zoned SGAAppendix A, the following shall apply: 783R(M)786R(M) PROPOSED PROVISION # ion of LAW - ; on Schedule 1, as shown on - residential uses. law within the lands - - residential uses and - ired for multiple dwellings IN OLD ZONING BY to be provided in accordance with ck from eastern property line shall be or multiple dwellings greater than 51.0 PROVISION law, for the lands zoned CR - 051. - street parking f - 3 and shown as being affected by this subsection law 2019 - - i) Parking for multiple dwellings shall be provided at a rate of 0.43 spaces per unit. ii) Visitor Parking shall be sharable with nonbe provided at a rate of 10% of the required parking. iii) Bicycle and electric vehicle parking are By Street Parking for Commercial Uses shall be 1 parking space per site Parking shall be provided as follows: street visitor parking shall be provided at a minimum rate of 10%; - - - f residential uses. - WORDING OF EXISTING b) The Minimum lot area shall be 418.06 square metres; c) The Minimum lot width shall be 13.72 metres; and d) Of167 square metres of gross floor area. e) The Maximum Number of Dwelling Units in a Multiple Dwelling shall be 4 units.Notwithstanding Sections 6.1.2, and 55.2.1 of this Byzoned MUNumber 143 of Appendix 'A', the following special regulations shall apply: a) The maximum Floor Space Ratio shall be 8.6. b) Onc) Dwelling units shall be permitted to be located on the ground floor with nond) Geothermal Energy Systems shall be prohibited.Notwithstanding, Section 6.1.2 a), 6.1.2 b) vi), Section 6 and Sections 44.3.1 and 44.3.6 of this BySchedule 85 of Appendix "A", the following additional regulations shall apply: i) Required offsquare metres in size shall be provided at a rate of 0.7 parking spaces per dwelling unit; ii) Offiii) A minimum of 10% of the parking spaces requshall be designed to permit the future installation of electric vehicle supply equipment; iv) Where the calculation of the total required electric vehicle parking spaces or parking spaces designed to permit the future installatelectric vehicle supply equipment results in a fraction, then the requirement shall be the next lowest number. v) For Multiple Residential uses, the minimum requirement for Class A bicycle parking stalls shall be 0.5 Class A Bicycle Stalls per unitvi) For Multiple Residential uses, a minimum of 6 Class B Bicycle Stalls shall be provided, and these may be shared with nonvii) The maximum Floor Space Ratio (FSR) for the entire site shall be 2.4; viii) The minimum side yard setba2.0 metres; ix) The minimum rear yard setback shall be 19 metres; MTSA P MTSA 783R786R November 2023 P EXISTING NON PROVISION # Draft ; uses 45 shall be of 33 . LAW - Page shall be calculated BYlot line arking structure. For . multiple dwellings fronting Charles Street East ZONING www.EngageWR.ca/GrowingTogether Class B Bicycle Stall8 road widening - floor space ratio ly equipment Street Parking Spaces Required - required for ground floor PROPOSED IN residential uses - Minimum Off0.54 spaces per unit0.1 spaces per unit and shall be shareable with non0 spaces For clarity, the containing mechanical and/or p containing commercial, residential and amenity abutting Charles Street East shall be: parking spaces electric vehicle supp ground floor site - building building the shall be 8.1. Class A Bicycle Stall0.5 per unit above shall be provided as follows: shall be measured based on the post ground floor; 4 and shown as affected by this provision on Zoning Grid Schedule 143 of - storeys road widening lot area of 6,492 square metres. shall be permitted to be located on the floor space ratio- setback exterior side yard setback Residential Uses - ghly visible locations near the entrance of a building and are accessible to the general parking spaces parking is to be provided as follows: work units - site 1.2 metres for the 0.0 metres for 1.2 metres for portions of the 5.0 metres for portions of the clarity, the structure or within a secure area such as a supervised parking lot or enclosure with a secure WORDING OF NEW/MODIFIED PROVISION - The maximum based on a preThe minimum i)ii)The minimum exterior side yard setback abutting King Street East shall be:i)ii)LiveOn Bicycle A minimum of 20 percent of the ondesigned to permit future installation of Geothermal Energy Systems shall be prohibited. a)b)c)d)e)f)g)h) UseMultiple DwellingVisitorGround Floor NonUseMultiple Dwelling Within the lands zoned SGAAppendix A, the following shall apply: building or entrance or within a bicycle locker. accessible and hipublic. 788R(M) PROPOSED PROVISION # road road -- LAW - post law within the - residential - ening lot area of mechanical and/or Street Parking - Class B Bicycle Stall road wid - IN OLD ZONING BY Minimum OffSpaces Required0.54 spaces per unit0.1 spaces per unit and shall be shareable with nonuses0 spaces PROVISION ovided as follows: Class A Bicycle Stall shown as being affected by this subsection on be provided as follows: Residential - 3 and - work units shall be permitted to be located on the ground floor - site Parking shall be pr - WORDING OF EXISTING UseMultiple DwellingVisitorGround Floor NonUsesUse x) The maximum building height for the entire site shall be 21 metres including roof top mechanicals.Notwithstanding Sections 5.9, 6.1.2 and 55.2 of this Bylands zoned MUshall apply: a) The maximum Floor Space Ratio shall be 8.1. For clarity, the floor space ratio shall be calculated based on a pre6,492 square metres. b) The minimum yard abutting Charles Street East shall be:i) 1.2 metres for the ground floorii) 0.0 metres for storeys above the ground floorFor clarity, the setback shall be measured based on the wideninglot line. c) The minimum yard abutting King Street East shall be:i) 1.2 metres for portions of the building containing commercial, residential ii) 5.0 metres for portions of the building containing parking structure.For clarity, the setback shall be measured based on the postwidening lot line. d) Livefronting Charles Street East. e) On f) Bicycle parking is to MTSA P MTSA 788R November 2023 P EXISTING NON PROVISION # Draft 45 shall be of 34 ss B bicycle uses Cla LAW - Page BY and 6 shall be 3.0 metres and shall ZONING www.EngageWR.ca/GrowingTogether lot line per unit; or 52.0 metres (not including mechanical PROPOSED IN shall be 0.5 spaces per unit; residential uses; - along the rear storeys butting Highland Road East shall be 0.6 metresClass A bicycle parking stalls shall be 0.0 metres; storey parking spaces th .095 shall be 0.0 metres along Spadina Road East; parking spaces shall be 0.0 metresl for the entire site shall be 5.17; shall be 17 shall be provided; side yard setback a , a minimum of 92 shall be provided for non 1 and shown as affected by this provision on Zoning Grid Schedules 86 and - live work units building height floor space ratio front yard setbackrear yard setback exterior interior side yard setback shall be provided; parking spaces multiple dwellings WORDING OF NEW/MODIFIED PROVISION The maximum The minimum The minimum The minimum The minimum The maximum penthouse);The minimum step back above the 11be 1.5 metres along the Highland Road frontage;The minimum required off street Zero The total visitor parking shall be 0A minimum of 98 square metres (1000 square feet) of at grade commercial provided;A minimum of 4 For parking stallsGeothermal wells are prohibited. f Appendix A, the following shall apply: a)b)c)d)e)f)g)h)i)j)k)l)m)n) Within the lands zoned MIX87 o 791R(M) PROPOSED PROVISION # LAW - 8 residential uses; - IN OLD ZONING BY non additional regulations shall apply: 3, as shown on Schedule Numbers 86 uses, a minimum of 92 Class A bicycle - PROVISION enthouse); 0.5 per unit ergy Systems shall be prohibited. Notwithstanding Sections 6, 6.1.2 a), 6.1.2 b)vi), and 46.3 of this The maximum Floor Space Ratio (FSR) for the entire site shall be The minimum front yard shall be 0.0 metres along Spadina Road The minimum rear yard setback shall be 0.0 metres;The minimum side yard setback abutting a street shall be 0.6 The minimum interior side yard setback be 0.0 metres; The maximum building height shall be 17 storeys or 52.0 metres ( The minimum step back above the 11th floor along the rear lot The minimum off street parking shall be 0.5 spaces per unit; Zero parking shall be provided forThe total visitor parking shall be 0.095 spaces per unit; A minimum of 98 m2 (1000 sq.ft.) of at grade commercial uses A minimum of 4 live work units shall be provided; For Multiple Residential e entrance of a building and are accessible to the general public. law, for the lands zoned CR WORDING OF EXISTING - Multiple Dwelling bicycle space which is either in a building or structure or within a secure area such as a supervised parking lot or enclosure with a secure entrance or within a bicycle locker.bicycle space which is located in accessible and highly visible locations near th g) 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. h) Geothermal EnByi.5.17;ii.East; iii.iv.metres along the Highland Road frontage; v.vi.not including mechanical pvii.line shall be 3.0 metres and 1.5m along the Highland Road frontage;viii.ix.x.xi.shall be provided; xii.xiii.parking stalls and 6 Class B bicycle stalls shall be provided;xiv. MTSA P MTSA 791R November 2023 P EXISTING NON PROVISION # Draft he he t 45 LAW - of BY 35 on Zoning Grid Page ZONING until such time as www.EngageWR.ca/GrowingTogether PROPOSED IN not be permitted until such time as t and the holding symbol affecting these shall not be permittedshall .. that a Record of Site Condition has been completed in RegionRegion and shown as affected by this provision on Zoning Grid 3 and shown as affected by this provision 4 dwelling unitsdwelling units -- the the ising that a Record of Site Condition has been completed in SGASGA NEW/MODIFIED PROVISION WORDING OF Within the lands zoned Schedule 84 of Appendix A,City of Kitchener has received acknowledgement from the Ministry of Environment, Conservation and Parks advaccordance with the relevant Ontario legislationlands has been removed by Within the lands zoned Schedule 84 of Appendix A, City of Kitchener has received acknowledgement from the Ministry of Environment, Conservation and Parks advisingaccordance with the relevant Ontario legislation and the holding symbol affecting these lands has been removed by 9H(M) 10H(M) PROPOSED PROVISION # - LAW - law, within - law, within the - s been removed by by law. - IN OLD ZONING BY and site decommissioning requirements. letter from the Ministry of the Environment 150, S.3) (King Street West) 034, S.92) -- 6449 as shown on Schedule 84 to Appendix "A"; - 6, described in the clauses listed below: - law. law 2005law 2012- - -- o 116 inclusive, 131 to 138 inclusive, and Part of Charles 232, S.10) - advising that the Ministry is satisfied with allowing residential use, having considered the potential adverse environmental conditions or constraints caused by adjacent industrial uses, transportation corridors Appendix "C" cease to exist and have been deleted by final approval of an amendment to this bylaw. "A"; 84 to Appendix "A"; Appendix "A"; Street, Registered Plan 375, more particularly described as Part 1, Plan 58R law 92 - WORDING OF EXISTING PROVISION lands zoned Das: i) The City is in receipt of a ii) The industrial processes permitted by subsection 138.(a)(i) of iii) The holding symbol affecting these lands ha (By(Amended: By(Amended: ByNotwithstanding subsection 116. to Appendix "C" of this bythe lands zoned D a) Lot 71, Registered Plan 374 as shown on Schedule 84 to Appendix b) Part of Lots 65 and 66, Registered Plan 376 as shown on Schedule c) Lots 63 and 64, Registered Plan 374 as shown on Schedule 84 to d) Lots 110 te) Part Lot 69 and Lot 70, Plan 374 as shown on Schedule 84 of Multiple dwellings shall not be permitted until such time as the City is presented with documentation from the Ministry of the Environment advising that the Ministry is satisfied with respect to the potential adverseenvironmental conditions or constraints caused by adjacent industrial uses, transportation corridors and site decommissioning requirements; and the holding symbol affecting the particular lands affected has been removed by By MTSA P 9H PROVISION # 10H MTSA P NON November 2023 EXISTING Draft g he 45 , small LAWdwellin - of , BY 36 fronting King dwelling Page , ZONING existing on January 24, www.EngageWR.ca/GrowingTogether buildings day care facility PROPOSED IN having less than 9 residents shall not be permitted unless the City of ; shall not be permitted until such time as t only within uses acility f. . are c lodging house Region , ; 4 and shown as affected by this provision on Zoning Grid 271 of Appendix A, only 2 and shown as affected by this provision on Zoning Grid 4 and shown as affected by this provision on a Zoning Grid dwelling units - -- the lands have been consolidated with lands the following nd ; hotel ;; esidential MIX , shall be permitted r ; stablishment e ; ; ; NEW/MODIFIED PROVISION ervices large nit s ouse u acility fh ervice and Parks advising that a Record of Site Condition has been completed in s and secondary school ; - has received acknowledgement from the Ministry of Environment, welling otelersonal ultural ocial odging ntil such a time as cday care facilitydelementary schoolhlppostsecondary schoolsmall s u home occupation servation and Parks advising that a Record of Site Condition has been completed in , a)b)c)d)e)f)g)h)i)j)k) WORDING OF Within the lands zoned Schedules 120, 142, 143, unitresidential care facility1994, Street East and thDirector of Planning.Within the lands zoned SGASchedule of Appendix A, Kitchener Conservationaccordance with the relevant Ontario legislation:Within the lands zoned SGASchedule 73 of Appendix A, City of Kitchener has received acknowledgement from the Ministry of Environment, Conaccordance with the relevant Ontario legislation and the holding symbol affecting these lands has been removed by the (18H)(36H) 15H(M) PROPOSED PROVISION # 3 - LAW - rector of law, within the lands - dition is submitted and facility having less than 9 IN OLD ZONING BY law within the lands zoned MIX - Ministry of the Environment, Conservation and law. The holding symbol shall not be removed 114, S.5) (Housekeeping Amendment)-156, S. 55) -- ved by by law 2010law 2010 -- 232, S.10) 1, S.14) 2 on Schedules 120, 142, 143 and 271 of Appendix "A", only -- - law 92law 94 -- WORDING OF EXISTING PROVISION (By(Amended: ByNotwithstanding Sections 54.1 and 54.2 of this Byzoned MUa single detached dwelling, duplex, multiple dwelling, lodging house having less than 9 residents, residential care residents, home business and private home daycare, and only within the buildings existing on January 24, 1994 and uses accessory thereto, shall be permitted until such time as the holding symbol affecting the lands has been remountil such time as the lands have been consolidated with lands fronting King Street East and a site plan including appropriate site access and site buffering measures has been approved by the City's DiPlanning. (By(Amended: ByRESERVEDNotwithstanding Section 8, of this Byand shown as being affected by this subsection on Zoning Grid Schedule permitted until such time as a Record of Site Conapproved to the satisfaction of the Ministry of the Environment, Holding Provision shall not be removed until the Region of Waterloo is in receipt of a letter from the MTSA P PROVISION # 15H MTSA (18H)(36H) P NON November 2023 EXISTING Draft 45 LAW - of BY 37 apply: satisfaction of the Page ommunity Services City of Kitchener has ZONING n has been completed in provision on Zoning Grid provision on Zoning Grid shall not be permitted unless www.EngageWR.ca/GrowingTogether shall not be permitted until such the following shall ; . PROPOSED uses IN lation and the holding symbol affecting Region ; dwelling units , the following . 2 and shown as affected by this provision on Zoning Grid 3 and shown as affected by this 4 and shown as affected by this --- Heating Fuel of Appendix A, ; ; shall not be permitted until such time as the shall not be permitted until such time as a Stationary Noise Study ; using and Community Services, if necessary. This Holding has received acknowledgement from the Ministry of Environment, ; NEW/MODIFIED PROVISION ; units and 118 ; Numbers 118, 144 and 145 of Appendix A, Conference, Convention, or Exhibition FacilityCultural FacilityDwelling UnitHotelLaboratoryLodging HouseManufacturingResidential Care Facility;Sale and Storage of School;Social Service EstablishmentDwelling unitsreceived acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legisthese lands has been removed by the Dwellingis submitted and approved to the satisfaction of the Regional Commissioner of Planning, HoProvision shall not be removed until the City of Kitchener is in receipt of a letter in the lands zoned SGA a)b)c)d)e)f)g)h)i)j)k)a)b) WORDING OF Within the lands zoned SGASchedule 117time as a Stationary Noise Study is submitted and approved to the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Cadvising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures.Within the lands zoned SGASchedules 74 and 84 of Appendix Athe City of Kitchener Conservation and Parks advising that a Record of Site Conditioaccordance with the relevant Ontario legislation:WithSchedule ) (37H)(43H 42H(M) PROPOSED PROVISION # 6 6 -- tion of LAW - d Community cord f Site Condition is law within the lands zoned - IN OLD ZONING BY law, within the lands zoned D - law within the lands zoned RES - acknowledgment from the Ministry of By y he Environment, Conservation and Parks (MECP) 64, S.8) (Downtown boundary expansion) he satisfaction of the Regional Commissioner of Planning, - Notwithstanding Section 8, of this By Conference or Convention Facility Exhibition FacilitLaboratory Manufacturing Museum Sale and Storage of Heating Fuel Sale of Monuments Social Service Establishment up of sites in Ontario: - 3 and shown as being affected by this subsection on Zoning Grid law 2001 - - WORDING OF EXISTING PROVISION Parks advising that a Record of Site Condition has been completed to Notwithstanding Section 7, of this and shown as being affected by this subsection on Zoning Grid Schedule permitted until such time as a Stationary Noise Study is submitted and approved to tHousing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing anServices advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures.Notwithstanding Section 17.1 of this Byon Schedules 74 and 84 of Appendix 'A', as affected by this section, the following uses shall not be permitted until such time as the City of Kitchener is in receipt of a letter ofthe Environment advising that a Record of Site Condition has been completed in accordance with Guidelines for the Decommissioning and Clean (By(43H) MIXuse shall be permitted until such time as a Resubmitted and approved to the satisfaction of the Ministry of the Environment, Conservation and Parks (MECP). This Holding Provision shall not be removed until the Region of Waterloo is in receipt of a letter from the Ministry of tadvising that a Record of Site Condition has been completed to their satisfaction. ii) No residential use shall be permitted until such time as a Stationary Noise Study is submitted and approved to the satisfacthe Regional Commissioner of Planning, Housing and Community MTSA P PROVISION # 42H MTSA (37H)(43H) P NON November 2023 EXISTING Draft 45 LAW - of Electric or r BY 38 o , Page ZONING shall not be permitted uses shall not be permitted unless www.EngageWR.ca/GrowingTogether uses ;; PROPOSED IN the following es has been approved and an agreement, . has received acknowledgement from the Ministry of ; 4 and shown as affected by this provision on Zoning Grid 2 and shown as affected by this provision on Zoning Grid -- 85 of Appendix A, ; ; GA advising that a Record of Site Condition has been completed in SGA ;and ; 84 of Appendix A, the following ;; ; has received acknowledgement from the Ministry of Environment, ;; NEW/MODIFIED PROVISION ; and Home ;; staurant from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studiif necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures.Conference, Convention, or Exhibition FacilityConvenience RetailCultural FacilityDwelling UnitFuneral HotelLodging HousePersonal ServicesReResidential Care Facility;Sale or Rental of Furniture and Electric or Electronic AppliancesElectronic Equipment;School;Social Service EstablishmentConference, Convention, or Exhibition FacilityCultural FacilityDwelling UnitHotelLodging HouseResidential Care Facility;School;Social Service Establishment. l)m)n)o)p)q)r)s)t)u)v)w)x)y)a)b)c)d)e)f)g)h) WORDING OF ithin the lands zoned S WSchedules 73, 74, the City of Kitchener Conservation and Parksaccordance with the relevant Ontario legislation:Within the lands zoned Schedules 73, 74, 84, unless the City of Kitchener Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation: 43H(M)50H(M) PROPOSED PROVISION # 6 - 6 on - LAW - Services advising e lands zoned D IN OLD ZONING BY law, within lands zoned D law, within th - - acknowledgement from the Ministry 106, S.38) (Housekeeping Amendment) - ty dvising that a Record of Site Condition has been law 2005 - 64, S.8) (Downtown boundary expansion)64, S.8) (Downtown Boundary Expansion) -- Conference or Convention Facility Convenience Retail Exhibition Facility Funeral Home Museum Personal Services Restaurant Sale or Rental of Furniture and Electric or Electronic Appliances or Electric or Electronic Equipment Social Service Establishment Studio Conference or Convention Facility Exhibition FaciliMuseum Monuments Social Service Establishment up of sites in Ontario: up of sites in Ontario: -- law 2001law 2001 -- WORDING OF EXISTING PROVISION Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Communitythat such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures.Notwithstanding Section 17.1 of this Byon Schedules 73, 74 and 84 of Appendix 'A', as affected by this section, the following uses shall not be permitted until such time as the City of Kitchener is in receipt of a letter of acknowledgment from the Ministry of the Environment acompleted in accordance with Guidelines for the Decommissioning and Clean (ByNotwithstanding Section 17.1 of this Bythe following uses shall not be permitted until such time as the City of Kitchener is in receipt of a letter ofof the Environment advising that a Record of Site Condition has been completed in accordance with Guidelines for the Decommissioning and Clean (ByAmended: (By MTSA P PROVISION # 43H50H MTSA P NON November 2023 EXISTING Draft , ner . 45 lodging site and site and LAW -- ;, - of permitted within 30.0 Region BY 39 shall not be hotel Site Condition , lodging house City of Kitche , Page he ZONING hotel shall not be , unit dwelling unit , www.EngageWR.ca/GrowingTogether shall not be permitted such time as t PROPOSED dwelling IN , social service establishment day care facility a welling units d social service establishment and any necessary agreement has been entered into, school, or or day care facility and shown as affected by this provision on Zoning Grid 2 and shown as affected by this provision on Zoning Grid 2 2 and shown as affected by this provision on Zoning Grid -- - f Kitchener and the owner of the property, providing for the Region school, MIXof Appendix A, SGA . of Appendix A, abutting Breithaupt Street until NEW/MODIFIED PROVISION zoned SGA Region lot line City of Kitchener has received acknowledgement from the Ministry of site transportation and stationary noise sources, has been completed to the site transportation and stationary noise sources, has been completed to the 119 and 143 -- A detailed Noise and Vibration Assessment, to assess both potential offonsatisfaction of the between the City oimplementation of any recommended noise mitigation measures;The Environment, Conservation and Parks advising that a Record of has been completed in accordance with the relevant Ontario legislationThe holding symbol affecting these lands has been removed by the A detailed Noise and Vibration Assessment, to assess both potential offon , residential care facility, a)b)c)a) WORDING OF Within the lands Schedules 83 and 84metres of the has received acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation and the holding symbol affecting these lands has been removed by the Within the lands zoned Schedule 86 of Appendix A,residential care facility,until such time as:Within the lands zoned Schedule housepermitted until such time as: 51H(M)53H(M)64H(M) PROPOSED PROVISION # ---- s 1 2 -- law; - LAW - up of sites - elopment on the most IN OLD ZONING BY law, within the lands zoned I law, within the lands zoned M- law, within the lands zoned MU - - ermitted until such time as: ncluding mechanisms to implement the is in receipt of a letter from the Regional cting these lands has been removed by By for the Decommissioning and Clean 136, S.6) (588 & 600 Queen Street South) - law 2017 - 166, S.4) (Duke Street West) - receipt of a Record of Site Condition, prepared in accordance with the Guideline for Use at Contaminated Sites in Ontario and acknowledged by the Ministry of the Environment, for thiproperty confirming that this portion of the subject property is suitable for residential use; and law. have been satisfied with respect to the submission of a noise study addressing road and rail traffic noise, based on the proposed site plan, and istudy; and this holding provision has been removed by Byreceipt of a Record of Site Condition, prepared in accordance with the Guideline in Ontario and acknowledged by the Ministry of the Environment and Climate Change, confirming that the subject property is suitable for residential and other sensitive land uses; and law. law 2005 - WORDING OF EXISTING PROVISION Notwithstanding Section 19.3 of this by149 and 150, Registered Plan 376, designated as Part 2 on Plan 58R8340, in the City of Kitchener, residential devsoutherly 30 metres of the property shall not be permitted until such time as: a) The City of Kitchener and the Regional Municipality of Waterloo are in b) The holding symbol affecting these lands has been removed by By (ByNotwithstanding Section 54.1 of this By2 and shown as affected by this subsection on Schedule 86 of Appendix "A", no residential or other sensitive land uses shall be permitted until such time as: a) the City of Kitchener b) the City of Kitchener and the Regional Municipality of Waterloo are in c) the holding symbol affe (Amended: ByNotwithstanding Section 32.1 of this Byand shown as affected by this subsection on Schedules 119 and 143 of Appendix "A", no residential uses, religious institution, day care facility or educational establishment shall be p MTSA P PROVISION # 51H53H64H MTSA P NON November 2023 EXISTING Draft - .. 45 ision on LAW - of RegionRegion BY 40 wayside pit, of gross floor (not requiring Page ection 5 of this By ZONING and in accordance with nt has been entered into, www.EngageWR.ca/GrowingTogether regulations of S PROPOSED IN existing building commercial parking facility a (not requiring building permits), 4 and shown as affected by this prov - law, in which case no maximum gross floor area - and any necessary agreeme cated within an 3 or SGA - rvation and Parks advising that a Record of Site Condition Region transportation depot NEW/MODIFIED PROVISION een completed in accordance with the relevant Ontario legislation; City of Kitchener has received acknowledgement from the Ministry of City of Kitchener has received acknowledgement from the Ministry of satisfaction of the between the City of Kitchener and the owner of the property, providing for the implementation of any recommended noise mitigation measures;The Environment, Consehas been completed in accordance with the relevant Ontario legislation;The holding symbol affecting these lands has been removed by the The Environment, Conservation and Parks advising that a Record of Site Condition has bA detailed Servicing Capacity Study for all phases of development has been Utilities; andThe holding symbol affecting these lands has been removed by the The holding symbol shall not be removed until such time as: b)c)a)b)c) WORDING OF Within the lands zoned SGAZoning Grid Schedule 84 of Appendix A, building permits), construction trailer, sales office and/or office of up to 500 square metres area on each property (unless lothe regulations of Section 5 of this Byshall apply) shall be permitted in accordance with the law. 68H(M) PROPOSED PROVISION # - LAW - up of sites - holding symbol affecting at assess all potential IN OLD ZONING BY law and in accordance with the - 500 square metres of gross floor law: - the Regional Municipality of Waterloo are in subject property is suitable for residential and 6 and shown as affected by this subsection on - gineering and Director of Utilities; and g that a Record of Site Condition has been law until such time as the - 062, S.6) (Kent Avenue) - ng symbol shall not be removed until such time as: have been satisfied with respect to the submission of an Environmental Noise Assessment thsources of traffic and stationary noise, and any necessary agreement has been entered into, between the City and the Owner, providing for the implementation of any recommended noise mitigation measures; receipt of a Record of Site Condition, prepared in accordance with the Guideline for the Decommissioning and Cleanin Ontario and acknowledged by the Ministry of the Environment, confirming that theother sensitive land uses; and law. commercial parking facility not requiring building permit(s) transportation depot not requiring building permit(s); wayside pit; construction trailer; sales office and/or office of up to area on each property (unless located within a building existing on the date of passing of this Byregulations of section 6, in which case no maximum gross floor area shall apply). i) The City of Kitchener and the Regional Municipality of Waterloo are in receipt of a Record of Site Condition and a letter of acknowledgement from the Ministry of the Environment or its delegate advisincompleted in accordance with the Environmental Protection Act, as amended; ii) A detailed Servicing Capacity Study for all phases of Director of En law 2012 - WORDING OF EXISTING PROVISION a) The City of Kitchener is in receipt of a letter from the Regional b) The City of Kitchener andc) The holding symbol affecting these lands has been removed by By (ByWithin the lands zoned Dthereto may be permitted in accordance with the regulations of sections 6 and 17 of this Bythe lands has been removed by By The holdi MTSA P PROVISION # 68H MTSA P NON November 2023 EXISTING Draft can 45 site and LAW - . - of approved ntered into, BY 41 uses Page ZONING the owner of the property, ermitted until such a time as: and , including those . www.EngageWR.ca/GrowingTogether PROPOSED shall not be permitted until such time IN Region Region affected by this provision on Zoning Grid shall not be p existing uses d/or the welling units , only and any necessary agreement has been e dwelling units 4 and shown as 3 and shown as affected by this provision on Zoning Grid 4 and shown as affected by this provision on Zoning Grid . The holding provision may be removed incrementally with --- Region SGA Region of Appendix A, d NEW/MODIFIED PROVISION site transportation and stationary noise sources, has been completed to - City of Kitchener has received acknowledgement from the Ministry of site transportation and stationary noise sources, has been completed to the - ent, Conservation and Parks advising that a Record of Site Condition has been City of Kitchener has received acknowledgement from the Ministry of A detailed Noise and Vibration Assessment, to assess both potential offonsatisfaction of the between the City of Kitchener anproviding for the implementation of any recommended noise mitigation measures;The Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation satisfaction of the a)b) site and on WORDING OF - Within the lands zoned SGASchedules 73 and 74 as the Environmcompleted in accordance with the relevant Ontario legislation and the holding symbol affecting these lands has been removed by the Within the lands zoned Schedules 74 and 84 of Appendix Aby Site Plan Application SP19/081/K/JVW, shall be permitted until such time as the holdbe removed once a detailed Noise and Vibration Assessment, to assess both potential offtheeach stage of site plan approval subject to receipt and approval of the detailed Noise and Vibration Assessment relating to the corresponding stage.Within the lands zoned SGASchedule 143 of Appendix A, 80H(M)82H(M)92H(M) PROPOSED PROVISION # 3 3 -- 6 as - LAW - d by Site Plan law once the City of - Kitchener is in receipt of 6 Zone until such time as - IN OLD ZONING BY on's requirements have been and Climate Change. This Holding 641 King Street West) - l be permitted in the D olding provision may be removed incrementally with law, including those uses approve - 030, S.8) (Regional Municipality of Waterloo)067, S.9) (607 law. -- - rloo is in receipt of a letter from the Ministry of the iii) The holding symbol affecting these lands has been removed by bySite Condition is submitted and approved to the satisfaction of the Ministry of the Environment and Climate Change. This Holding Provision shall not be removed until the Region of WateEnvironment and Climate Change (MOECC) advising that a Record of Site Condition has been completed to their satisfaction. and Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing law 2013law 2021 -- WORDING OF EXISTING PROVISION (ByNotwithstanding Section 17 of this Bylaw, within the lands zoned Dshown as affected by this i) No residential use shala Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the EnvironmentProvision shall not be removed until the City of a letter from the MOECC advising that a Record of Site Condition has been completed to the satisfaction of the Ministry of the Environment and Climate Change.Notwithstanding Section 55 of this Bylaw, within the lands zoned MUas shown as affected by this subsection on Schedules 74 and 84 of passing of this ByApplication SP19/081/K/JVW, shall be permitted to continue until such time as this Holding Provision is removed by byKitchener is in receipt of a letter from the Regional Municipality of Waterloo, advising that the Regisatisfactorily addressed with respect to the submission and approval of a detailed Environmental and Stationary Noise study (detailed noise assessment for road, rail and rail vibration, stationary noise and compatibility). The heach stage of site plan approval subject to receipt and approval of the detailed noise report relating to the corresponding stage. (ByNotwithstanding Section 17 of this Bylaw, within the lands zoned MUand shown as being affected by this Subsection on Schedule 143 of Appendix "A": i) No residential use shall be permitted until such time as a Record of ii) No residential use shall be permitted until such time as a Road Traffic, MTSA P PROVISION # 80H82H92H MTSA P NON November 2023 EXISTING Draft , 45 site and LAW - - of BY 42 lodging house , Page ZONING hotel shall not be permitted has been entered into, , the owner of the property, not be permitted until such a and www.EngageWR.ca/GrowingTogether shall PROPOSED dwelling unit , IN Region dwelling units social service establishment day care facility and any necessary agreement a and shown as affected by this provision on Zoning Grid 2 and shown as affected by this provision on Zoning Grid . 2 - - Region school, or MIX Region NEW/MODIFIED PROVISION site transportation and stationary noise sources, has been completed to - City of Kitchener has received acknowledgement from the Ministry of ironment, Conservation and Parks advising that a Record of Site Condition site transportation and stationary noise sources, has been completed to the - A detailed Noise and Vibration Assessment, to assess both potential offonsatisfaction of the between the City of Kitchener and/or the providing for the implementation of any recommended noise mitigation measures;The Envhas been completed in accordance with the relevant Ontario legislation. a)b) site and on WORDING OF - Within the lands zoned SGASchedule 120 of Appendix A,residential care facility,until such time as a detailed Noise and Vibration Assessment, to assess both potential offthe satisfaction of the Within the lands zoned Schedules 173 and 174 of Appendix A, time as: M) 93H(94H(M) PROPOSED PROVISION # 2 3 - - LAW - 1, within the lands zoned D IN OLD ZONING BY ise study has been submitted - law 85 - Planning, Development and Legislative lementation of any recommended noise mitigation 070, S.4) (20 Ottawa Street North)080, S.5) (276 King Street East) -- rloo is in receipt of a letter from the Ministry of the er from the Regional Commissioner of Planning, Housing and er from the Regional Commissioner of Planning, Housing and and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a lettCommunity Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the impmeasures. Site Condition is submitted and approved to the satisfaction of the Ministry of the Environment and Climate Change. This Holding Provision shall not be removed until the Region of WateEnvironment and Climate Change (MOECC) advising that a Record of Site Condition has been completed to their satisfaction. and Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a lettCommunity Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing law 2022law 2022 -- WORDING OF EXISTING PROVISION (ByNotwithstanding Section 14A of Byand shown as being affected by this Subsection on Schedule 120 of Appendix "A", no residential or other sensitive land use shall be permitted until such time as a detailed stationary noto and accepted by the Regional Commissioner of Planning, Development and Legislative Services. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner ofServices advising that such noise study and the recommended implementation measures have been accepted to the satisfaction of the Regional Municipality of Waterloo. (ByNotwithstanding Section 55 of this Bylaw, within the lands zoned MUand shown as being affected by this Subsection on Schedule Numbers 173 and 17 4 of Appendix "A": i) No residential use shall be permitted until such time as a Record of ii) No residential use shall be permitted until such time as a Road Traffic, MTSA P PROVISION # 93H94H MTSA P NON November 2023 EXISTING Draft s of ment, 45 LAW - of BY 43 Page olding Provision is City of Kitchener has ZONING necessary. This Holding www.EngageWR.ca/GrowingTogether . PROPOSED IN een completed and submitted to the Region g shall apply: the Ministry of Environment, Conservation and 3 and shown as affected by this provision on Zoning Grid 2 and shown as affected by this provision on Zoning Grid -- , the followin only those uses which lawfully existed on the date of passing , shall not be permitted until such time as the shall not be permitted until such time as a Stationary Noise Study NEW/MODIFIED PROVISION law once the City of Kitchener is in receipt of a letter from the Regional - ands has been removed by the law, shall be permitted to continue until such time as this H - Dwelling unitsreceived acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation and the holding symbol affecting these lDwelling units is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if Provision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreeif necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures.A Record of Site Condition (RSC) in accordance with O. Reg. 153/04, as amended, has been filed with Parks (MECP) Environmental Site Registry;The Regional Municipality of Waterloo has received and approved a copy of the A detailed stationary noise study has bsatisfaction of the Regional Municipality of Waterloo which addresses implementation measures and reviews the potential impacts of the development on site noise sensitive receptors (e.g. HVAC system on the sensitive point a)b)a)b)c) WORDING OF Within the lands zoned SGASchedule 143 of Appendix A Within the lands zoned SGASchedule 85 of Appendix Aof this Byremoved by byMunicipality of Waterloo, advising that: 96H(M)98H(M) PROPOSED PROVISION # 3 1 -- This erloo LAW - of Kitchener is IN OLD ZONING BY idential use shall be permitted not be removed until the City of law once the City - ECP) Environmental Site Registry; affected by this Subsection on Schedule Number s affected by this subsection on Schedule Number lementation of any recommended noise mitigation law, shall be permitted to continue until such time as - to with the City and/or Region, as necessary, providing 122, S.4) (1668 King Street East) - for the impmeasures. a Record of Site Condition (RSC) in accordance with O. Reg. the Regional Municipality of Waterloo has received and approved a detailed stationary noise study has been completed and law 2022 - WORDING OF EXISTING PROVISION (ByNotwithstanding Section 55 of this Bylaw, within the lands zoned MUand shown as being 143 of Appendix "A": i) No residential use shall be permitted until such time as a Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the Environment and Climate Change. Holding Provision shall not be removed until the Region of Waterloo is in receipt of a letter from the Ministry of the Environment and Climate Change (MOECC) advising that a Record of Site Condition has been completed to their satisfaction. ii) No resuntil such time as a Road Traffic, and Stationary Noise Study is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shallKitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been entered infor the implementation of any recommended noise mitigation measures.Notwithstanding Section 44 of this Bylaw, within the lands zoned CR(786R) as shown apassing of this Bythis Holding Provision is removed by byin receipt of a letter from the Regional Municipality of Waterloo, advising that: a)153/04, as amended, has been filed with the Ministry of Environment, Conservation and Parks (Mb) c) submitted to the satisfaction of the Regional Municipality of Watwhich addresses implementation measures and reviews the potential impacts of the development on site noise sensitive receptors (e.g. HVAC system on the sensitive points of reception) and the impacts of the development on adjacent noise sensitive uses MTSA P PROVISION # 96H98H MTSA P NON November 2023 EXISTING Draft 45 LAW - of BY 44 Page City of Kitchener has City of Kitchener has ZONING www.EngageWR.ca/GrowingTogether . PROPOSED IN lation and the holding symbol affecting Region es has been approved and an agreement, of Site Condition has been completed in d of Appendix A, the following shall apply: 4 and shown as affected by this provision on Zoning Grid 4 and shown as affected by this provision on Zoning Grid -- of Appendix A, the following shall apply: shall not be permitted until such time as the shall not be permitted until such time as a Stationary Noise Study shall not be permitted until such time as the using and Community Services, if necessary. This Holding 86 and 87 143 NEW/MODIFIED PROVISION Dwelling unitsreceived acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Recoraccordance with the relevant Ontario legisthese lands has been removed by the Dwelling units is submitted and approved to the satisfaction of the Regional Commissioner of Planning, HoProvision shall not be removed until the City of Kitchener is in receipt of a letter from the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studiif necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recommended noise mitigation measures.Dwelling unitsreceived acknowledgement from the Ministry of Environment, Conservation and Parks advising that a Record of Site Condition has been completed in a)b)a) WORDING OF Within the lands zoned SGASchedule Number Within the lands zoned SGASchedule Numbers 100H(M)103H(M) PROPOSED PROVISION # 3 - law, - LAW - ing of this By h time as a a . IN OLD ZONING BY 3 (791R) as shown as affected - mmended noise mitigation ot be removed until the Regional Municipality of of a letter from the Regional Municipality of Waterloo residential use shall be permitted until a Record of Site otential impacts of the points of reception (e.g. HVAC systems) No Condition (RSC) has been filed on the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry in accordance with O. Reg. 153/04, as amended. This Holding Provision shall nWaterloo is in receipt of a letter from the Ministry of the Environment, Conservation and Parks (MECP) advising that a Record of Site Condition has been filedNo residential use shall be permitted until sucdetailed transportation (road), vibration and stationary noise study has been completed and implementation measures addressed to the satisfaction of the Regional Municipality of Waterloo. The detailed stationary noise study shall review the pon the sensitive points of reception and the impacts of the development on adjacent noise sensitive uses. This Holding Provision shall not be removed until the City of Kitchener is in receipt advising that such noise study or studies has been approved and an agreement, if necessary, has been entered into with the City and/or Region, as necessary, providing for the implementation of any recoNotwithstanding Section 46 of this Bylaw, within the lands zoned i)ii) WORDING OF EXISTING PROVISION Notwithstanding Section 55 of this Bylaw, within the lands zoned MUand shown as being affected by this Subsection on Schedule Number Commercial Residential Three Zone CRthose uses which lawfully existed on the date of passshall be permitted to continue until such time as this Holding Provision is MTSA P PROVISION # MTSA 100H103H P NON November 2023 EXISTING Draft 45 LAW - of BY 45 Page ZONING www.EngageWR.ca/GrowingTogether . PROPOSED IN Region into with the City and/or Region, as necessary, by the shall not be permitted until such time as a Stationary Noise Study all not be removed until the City of Kitchener is in receipt of a letter NEW/MODIFIED PROVISION accordance with the relevant Ontario legislation and the holding symbol affecting these lands has been removed Dwelling units is submitted and approved to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, if necessary. This Holding Provision shfrom the Regional Commissioner of Planning, Housing and Community Services advising that such noise study or studies has been approved and an agreement, if necessary, has been enteredproviding for the implementation of any recommended noise mitigation measures.Legal access is obtained over Highland Courts Park to the satisfaction of the City of Kitchener. b)c) WORDING OF PROPOSED PROVISION # LAW - IN OLD ZONING BY (RSC) in accordance with O. Reg. opment on site noise sensitive receptors (e.g. HVAC law once the City of Kitchener is in receipt of a letter from - a Record of Site Conditionthe Regional Municipality of Waterloo has received an approved a detailed stationary noise study has been completed and legal access is obtained over Highland Courts Park to the WORDING OF EXISTING PROVISION removed by bythe Regional Municipality of Waterloo, advising that: a)153/04, as amended, has been filed with the Ministry of Environment, Conservation and Parks (MECP) Environmental Site Registry; b) copy of the RSC and the Mic) submitted to the satisfaction of the Regional Municipality of Waterloo which addresses implementation measures and reviews the potential impacts of the develsystem on the sensitive points of reception) and the impacts of the development on adjacent noise sensitive uses.d)satisfaction of the City of MTSA P PROVISION # MTSA P NON November 2023 EXISTING Draft 45 LAW - of BY 46 Page ZONING www.EngageWR.ca/GrowingTogether PROPOSED IN WORDING OF NEW/MODIFIED PROVISION PROPOSED PROVISION # LAW - IN OLD ZONING BY WORDING OF EXISTING PROVISION PROVISION # November 2023 EXISTING Draft D NU O D BO NTN BOR MDOT ANU 10 COB 4 ) NYW 8ODH NO YL 1 W0 4 HY (WH S S A P Y B T S G IN K K R D BN RA ST 86) Y HW Y( PK GA A TO R ES ON C S LANCASTER E D R T N U O TM S E W D N T B A R T S) 8 / 7 Y W (H Y K P A G O T S E N O C BLVD ES L D K EE RC BL OK DR R ET S EH C NA M DR YR EM O GTN O M UG ST KR C TS OM NO EMOGTN XID EERC YR K E V OGTNOM ERC YREM KE E YELLEHS RD L P N E D M A C EVA ECAFINOB EVAE LLEV NRMASSEYA OC ST A AD DR NO OD E IN AV CARL CA RW ! EVA OW RAC Y ! K EE RC R EDI E NH CS T S N N A )* 58 ! ! E ! ! ! ! T ! SERC NA L A P P A E ST TER TNILF CAS LAN ! ! ! ! ! ! ! ! T S T ! N E C IN V T S ! ! ! ! E ! ! ! TS NIWDE KEE RC Y ARE KAME WOHS N E E R G R E K A M !E O !H S ! TH R O !SW T UN H VE A ! L ! ! T !S E G E L L O C N R E F D O OT R !WC E AV ! !!R E G YA ! ! E VA RIAL CT S ! S E AV G IN L IR T S C SERC WIND ! ! A E D E V A NE DR AG CR ! ! ! ! ! ! !! ! ! SH A WO Y ! ! SE ! N E E RR ! ! RD W RVIE USK ! L SET P RUS DR DS AN PL U ! ! ! E RI Excerpts from Growing Together Official Plan Amendment Related to Heritage2023 Excerpts from Growing Together Official Plan Amendment Related to Heritage2023 Excerpts from Growing Together Official Plan Amendment Related to Heritage2023 Development Services Department www.kitchener.ca REPORT TO: Heritage Kitchener DATE OF MEETING: January 9, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Jessica Vieira, Heritage Planner, 519-741-2200 ext. 7041 DATE OF REPORT: December 14, 2023 REPORT NO.: DSD-2024-022 SUBJECT: Municipal Heritage Register Review January 2024 Update RECOMMENDATION: That pursuant to Section 29 of the Ontario Heritage Act, the cultural heritage value or interest be recognized, and designation pursued for the following properties: 33 Eby Street South 72 Victoria Street South REPORT HIGHLIGHTS: The purpose of this report is to recommend pursuing designation under Part IV of the Ontario Heritage Act for two properties that are currently listed as non-designated properties of cultural heritage value or interest on the Municipal Heritage Register. The key finding of this report is that the properties possess design/physical, historical/associative, and contextual value and meet the criteria for designation under Ontario Regulation 9/06 (amended through Ontario Regulation 569/22). There are no financial implications. Community engagement included consultation with the Heritage Kitchener Committee. This report supports the delivery of core services. BACKGROUND: st On January 1, 2023 amendments to the Ontario Heritage Act (OHA) came into effect through Bill 23, the More Homes Build Faster Act. One of the primary changes introduced Municipal Heritage Register to be evaluated to determine if they meet the criteria for heritage st designation before January 1, 2025. Listed properties are properties that have not been designated, but that the municipal Council believes to be of cultural heritage value or interest. The criterion for designation is established by the Provincial Government (Ontario Regulation 9/06, which has now been amended through Ontario Regulation 569/22) and a minimum of two must be met for a property to be eligible for designation. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. A work plan to address these changes has been developed by Heritage Planning Staff with th consultation from the Heritage Kitchener Committee on February 7, 2023. Implementation of the work plan has now commenced. The Architectural Conservancy Ontario North Waterloo Branch have offered assistance in conducting the Municipal Heritage Register Review and have aided Heritage Planning Staff in a review of the properties subject to this report. Below is a summary of the findings for the properties recently reviewed, and recommendations for next steps. REPORT: Ontario Regulation 569/22 (Amended from Ontario Regulation 9/06) Among the changes that were implemented through Bill 23, the Ontario Regulation 9/06 which is a regulation used to determine the cultural heritage value or interest of a property, was amended through Ontario Regulation 569/22 (O. Reg. 569/22). Where the original regulation had three main categories design/physical, historical/associative and contextual - with three (3) sub-categories for determining cultural heritage value, the amended regulation now lists all nine (9) criteria independently. The new regulation has been amended to the following: 1. The property has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method. 2. The property has design value or physical value because it displays a high degree of craftsmanship or artistic merit. 3. The property has design value or physical value because it demonstrates a high degree of technical or scientific achievement. 4. The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. 5. The property has historical or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. 6. The property has historical value or associative value because it demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community. 7. The property has contextual value because it is important in defining, maintaining or supporting the character of an area. 8. The property has contextual value because it is physically, functionally, visually or historically linked to its surroundings. 9. The property has contextual value because it is a landmark. Also, among the changes brought about by Bill 23 are how properties can now be listed or designated under Part IV of the Ontario Heritage Act. They include: met one or more criteria of O. Reg 9/06 (amended through O. Reg. 569/22). Properties could be designated under Part IV of the Ontario Heritage Act if they meet two or more criteria of O. Reg 9/06 (amended through O. Reg. 569/22). Pursuant to O. Reg 9/06 (amended through O. Reg. 569/22), the subject properties meet the following criteria for determining cultural heritage value or interest: 33 Eby Street South The subject property municipally addressed as 33 Eby Street South meets five of the nine criteria of O. Reg 9/06 (amended through O. Reg. 569/22) The property has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method. The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. The property has historical or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. The property has contextual value because it is important in defining, maintaining or supporting the character of an area. The property has contextual value because it is physically, functionally, visually or historically linked to its surroundings. 72 Victoria Street South The subject property municipally addressed as 72 Victoria Street South meets six of the nine criteria of O. Reg 9/06 (amended through O. Reg. 569/22) The property has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method. The property has design value or physical value because it displays a high degree of craftsmanship or artistic merit. The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. The property has historical or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. The property has contextual value because it is important in defining, maintaining or supporting the character of an area. The property has contextual value because it is physically, functionally, visually or historically linked to its surroundings. Heritage Kitchener Committee Options Option 1 Pursuing Designation for these properties Should Heritage Kitchener committee vote to start pursuing designation for these properties, staff will then contact the respective property owners to inform them and to start working with them towards designation. Staff will then bring Notices of Intention to Designate back