HomeMy WebLinkAboutPSI Agenda - 2018-04-30Planning & Strategic Initiatives Committee
Agenda
Monday, April 30, 2018
Council Chamber
Office of the City Clerk
Kitchener City Hall 7:00 p.m. – 10:00 p.m.
nd
200 King St. W. - 2 Floor
Kitchener ON N2G 4G7
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Chair - Councillor P. Singh Vice-Chair - Councillor B. Ioannidis
Consent Items
The following matters are considered not to require debate and should be approved by one motion in
accordance with the recommendation contained in each staff report. A majority vote is required to discuss any
report listed as under this section.
None.
Delegations
Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum
of 5 minutes.
Item 1 - Jeremy Krygsman
- Glenn Scheels, GSP Group
Discussion Items
1.DSD-18-002 - CRoZBY - Statutory Public Meeting
(Staff will provide a 5 minute presentation on this matter)
Information Items
Unfinished Business List
Jaclyn Rodrigues
Committee Administrator
** Accessible formats and communication supports are available upon request. If you require assistance to
take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 **
REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: April 30 and May 8, 2018
SUBMITTED BY: Alain Pinard, Director of Planning, ext. 7319
PREPARED BY: Natalie Goss, Senior Planner, 519-741-2200 ext. 7067
Lauren Nelson, Planner (Policy), ext. 7072
Richard Kelly-Ruetz, Technical Assistant, ext. 7110
Brandon Sloan, Manager, Long Range and Policy
Planning, ext. 7648
WARD(S) INVOLVED: ALL
DATE OF REPORT: April 3, 2018
REPORT NO.: DSD-18-002
SUBJECT: Comprehensive Review of the Zoning By-law (CRoZBy)
Final Draft and Companion Official Plan Amendment
Statutory Public Meeting
_____________________________________________________________________
RECOMMENDATION:
THAT the oral and written submissions received at the statutory public meeting
on the final draft Zoning By-law and companion Official Plan amendment,
-18-002, be considered
in the preparation of the final Zoning By-law and companion Official Plan
amendment; and further,
THAT following the statutory public meeting, staff brings forward a final Zoning
By-law and companion Official Plan amendment for consideration of adoption by
Council in 2019.
BACKGROUND:
A Zoning By-law controls the use of land in the city and states how land may be used,
where buildings can be located, the size and dimensions of lots, and parking
requirements.
-law was adopted through several amendments beginning
Zoning By-law was outlined in 2013 (Report #
CSD-13-067) and the review process was officially launched through two statutory open
houses in May/June 2014 (CSD-14-027). Between 2015 and 2017 a complete first draft
Zoning By-law was tabled through a series of components for public review (CSD-15-
012, CSD-16-022, CSD-16-070, CSD-17-024, CSD-17-045). A summary of first draft
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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comments and key issues was presented at a Council Strategy Session in November
2017 (CSD-17-051).
This report provides an overview of what is included in the final draft Zoning By-law and
outlines the next steps.
REPORT:
Staff consulted with the community on a first draft Zoning By-law from March 2015 to
the date of this report. Thus far, the consultation included:
3,410 individual letters to property owners informing them of proposed changes in
zoning for their specific property;
9 open houses,including staff presentations, and Q&A, attended by approximately
415 persons;
60 individual meetings with stakeholders and property owners;
5 presentations and discussion sessions with City of Kitchener Advisory Committees
and the Downtown Kitchener BIA;
6 presentations and discussion sessions with the Waterloo Region Home Builders
Association Kitchener Liaison Committee/CRoZBy Subcommittee;and,
2 presentations and discussion sessions with the Kitchener Waterloo Association of
Realtors.
To date staff received approximately 582 individual submissions containing
approximately 1,450 individual comments.Comments received on the first draft Zoning
By-law centred on several major themes. These included:
Support for the reduction in minimum parking space requirements and the
principle of parking maximums, shared parking, and bicycle parking
requirements;
Support for the proposed new commercial zones including the range of permitted
uses;
General support for the principle of density bonusing regulations for an increase
in floor space ratio in the downtown;
Concerns with and questions surrounding legal non-conforming framework;
Support for the principle of the natural heritage conservation (NHC) zone but
concerns with the zone applying to private properties;
Concerns with and questions surrounding the purpose of the existing use
floodplain (EUF) zone;
Concerns with the proposed range of permitted uses in the industrial employment
(EMP) zones; and,
Some site specific issues.
Staff has considered each comment in the preparation of the final draft Zoning By-law.
Additionally, staff continues to respond directly to each submission. Comments related
to properties or content not included in this final draft Zoning By-law will continue to be
reviewed by staff and considered as part of future work on the new Zoning By-law.
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Final Draft Zoning By-law
This report tables a final draft Zoning By-law. The following is a summary of what is
included and what is not included this final draft Zoning By-law.
Included in Spring 2018 Final DraftNot Included in Spring 2018 Final Draft
Section 1 General Scope and AdministrationSection 7 -Residential Zones
Section 2 InterpretationSection 4 -General Regulations related only to
residential zones
Section 3 Definitions
Section 5 -Certain parking,loading, and
Section 4 General Regulations (includes
stacking provisions related to residential zones
bonusing regulations)
(e.g. driveway and garage regulations)
Section 5 Parking, Loading, and Stacking
The application of new zones in specific areas
Section 6 Urban Growth Centre Zones
as follows:
Section 8 Mixed Use Zones
Bridgeport East Community Plan area**
Section 9 Commercial Zones
North Ward Secondary Plan area
Section 10 Employment Zones
Lands within the central neighbourhood
Section 11 Institutional Zones
Secondary Plan areas
Section 12 Agriculture Zones
Lands within Planning Around Rapid
Section 13 Natural HeritageConservation
Transit Station areas
Zones
Hidden Valley Community Plan areas
Section 14 Existing Use Floodplain Zone
Upper and Lower DoonCommunity Plan
Section 15 Recreation Zone
areas
Section 16 Major Infrastructure and Utility
Rosenberg Secondary Plan area
Zone
Lands with an Official Plan land use that
Section 17 Stormwater Management Zone
remains under appeal
Section 18 Overlays
The application of the NHCzones on properties
Section 19 Transition Provisions
proposed to be split zonedinto both NHC and
Sections 20-22Site Specific, Holding and
RES zones
Temporary Use Provisions
Appendices -These will show where the new
zones will apply, will include supplementary
property detail schedules for any provisions,
and will also show the Grand River
Conservation authority Regulated area
The application of all of the above-mentioned
zones on specific properties*
*The NHC zone will only be applied to properties that are proposed to be entirely zoned NHC as well as
to properties that are proposed to be split zoned NHC and another zone from this final draft
**The proposed NHC and EUF zone will be applied to lands within the Bridgeport East Community Plan
area
This final draft Zoning By-law has been prepared inconsideration of submissions made
on the first draft zoning by-law;
(2009); the Provincial Policy Statement (2014); the Growth Plan for the Greater Golden
Horseshoe (2017); the Planning Act, other relevant Provincial, Regional, and City
policies; and, zoning practices in other municipalities.Highlights of the final draft Zoning
By-law are:
Defined terms for all permitted uses;
Updated general regulations and approach related to density bonusing in the
downtown;
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A reduction in minimum parking space requirements, the introduction of parking
maximums city-wide, the ability for shared parking for sites with multiple uses,
and requirements for bicycle and electric vehicle parking;
Updated permitted uses and regulations in the Urban Growth Centre
(UGC)(downtown) zones that are consistent with economic development
objectives and
Application of mixed use (MIX) and commercial (COM)
and some corridors;
Updated permitted uses within the employment (EMP) zones to conform to and
be consiste
areas;
Updated permitted uses within the institutional (INS) zones in order to ensure
these important uses are part of a complete community;
Updated zoning framework for lands that are p
system to ensure their conservation; and,
Transition Provisions to allow development applications that are in progress to
continue to proceed under the zoning rules that existed on the date of a complete
application.
Appendix A of this report is a consolidated final draft Zoning By-law.
Companion Official Plan Amendment
An Official Plan amendment (OPA) is being tabled for public review and comment at this
statutory public meeting as a companion to the final draft Zoning By-law. This OPA
proposes to adjust the land uses in certain areas of the City to better reflect the
intended use of these lands in the future (e.g. properties adjacent to commercial
campus (e.g. Sunrise Centre) lands; employment lands, in the vicinity of Bleams Road
and Manitou Drive). The OPA proposes to also clarify the maximum permitted floor
space ratio in the Market District of downtown and clarify community benefits and
processes for density Bonusing under the Planning Act.Additionally, two site specific
policies are proposed to be amended to clarify the intent of the land uses and
development parameters permitted on these lands. Appendix B of this report is a draft
Official Plan amendment.
Purpose of Statutory Public Meeting
A statutory public meeting will be held over two days, through three sessions as follows:
April 30, 2018 commencing at 7pm
May 8, 2018 commencing at 2 pm
May 8, 2018 commencing at 7pm
The purpose of the statutory public meeting is for submissions to be made directly to
Council on the final draft Zoning By-law in accordance with the provisions of the
Planning Act.
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Next Steps
Final Zoning By-law
Upon direction from Council, staff will consider the submissions received at the statutory
public meeting as part of the preparation of a final Zoning By-law. At this time, staff
anticipates tabling a final Zoning By-law for downtown, which will include the Urban
Growth Centre (UGC) zones, regulations related to Bonusing, and UGC parking
regulations, for decision in February/March 2019. Tabling of the remainder of the 2018
final Zoning By-law content for a decision is anticipated by fall 2019.
Zoning By-law Content not Included in this Final Draft Zoning By-law
existing Zoning
By-law number 85-1 to advance certain zoning recommendations from the Residential
Intensification in Established Neighbourhoods Study (RIENS) and the neighbourhood
strategy in June 2018.
Consultation on the application of new residential zones for all wards in the City is
intended over the next couple of years, along with consultation in specific
neighbourhoods (e.g. existing Central Neighbourhood Secondary Plan areas; and
Hidden Valley, Bridgeport, and Upper and Lower Doon Community Plan areas).
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Strategic Priority 1 Open Government
Strategic Priority 2 Strong and Resilient Economy
Strategic Priority 3 Safe and Thriving Neighbourhoods
Strategy 3.3 - Manage growth, curb urban sprawl, and foster more mixed-use
development, ensuring new development is integrated with the diversity and character
of the surrounding community.
Strategic Priority 4 Sustainable Environment and Infrastructure
Corporate Business Plan Strategic Action #NB11 Comprehensive Zoning By-law
Review.
FINANCIAL IMPLICATIONS:
This multi-year project is currently within the existing committed project budget.
COMMUNITY ENGAGEMENT:
Policy and is going significantly above and beyond
the typical requirements of the Planning Act. A description on the previous CRoZBy
consultation is provided earlier in this report.
INFORM - To inform the public about the statutory public meeting a notice (Appendix C)
will be placed in the April 6, 2018 edition of The Record in accordance with the
requirements of the Planning Act.An additional notice will be placed an April edition of
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the Kitchener Post. Details about the statutory public meeting will also be posted on the
CRoZBy webpage and promoted through social media and email distribution list.In
addition, this h the agenda in advance of
the Committee meeting.
CONSULT - Astatutory public meeting will be held on April 30 and May 8, 2018. The
purpose of the statutory public meeting is for submissions to be made directly to Council
on the final draft zoning by-law in accordance with the provisions of the Planning Act.
CONCLUSION:
A final draft zoning by-law and companion Official Plan amendment is being tabled for
public review and comment at a statutory public meeting to be held on April 30, 2018
and May 8, 2018. In the preparation of this final draft, staff considered submissions
made on the first draft zoning by-, and zoning practices in
other municipalities. It is recommended that the submissions provided at the statutory
public meeting be considered as part of the preparation of a final zoning by-law and
companion Official Plan amendment.
REVIEWED BY:
Tina Malone-Wright, Senior Planner, Long Range and Policy Planning
Janine Oosterveld, Manager, Site Development and Customer Service
Della Ross, Manager, Development Review
ACKNOWLEDGED BY: Michael May, General Manager, Community Services and
Deputy CAO
Appendix A Final Draft Zoning By-law (Appendices to the zoning by-law can be
accessed at www.kitchener.ca/crozby)
Appendix B Draft Official Plan Amendment
Appendix C Statutory Public Meeting Notice
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BY-LAW NUMBER 20xx-xxx
FOR THE
CORPORATION OF THE CITY OF KITCHENER
Zoning By-law
Final Draft
April 2018
1 - 7
BY-LAW NUMBER 20XX-XXX
OF THE
CORPORATION OF THE CITY OF KITCHENER
(To be known as the Zoning By-law of the Corporation of the City of Kitchener)
WHEREAS it is desired to enact a new Zoning By-law to comprehensively deal with zoning
throughout the city;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows:
City of Kitchener Final Draft Zoning By-law (April 2018)
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Table of Contents
SECTION 1 General Scope and Administration ............................................................. 1-1
1.1 Title ........................................................................................................................... 1-1
1.2 Conformity and Compliance with the By-Law............................................................ 1-1
1.3 Compliance with Other Legislation ............................................................................ 1-1
1.4 Application ................................................................................................................ 1-1
1.5 Validity ...................................................................................................................... 1-1
1.6 Effective Date ........................................................................................................... 1-1
1.7 Repeal of Existing By-laws ........................................................................................ 1-1
1.8 Zoning Occupancy Certificate ................................................................................... 1-1
1.9 Technical Revisions to the Zoning By-law ................................................................. 1-2
1.10 Contents of This By-law ............................................................................................ 1-2
SECTION 2 Interpretation, Classification, and Limits of Zones ...................................... 2-1
2.1 Interpretation ............................................................................................................. 2-1
2.1.1 Word Usage ....................................................................................................... 2-1
2.1.2 Defined Terms ................................................................................................... 2-1
2.1.3 References to Acts............................................................................................. 2-1
2.1.4 Use of Tables..................................................................................................... 2-1
2.2 Zones, Zoning Grid Schedules, and Appendices ...................................................... 2-2
2.2.1 Reference to Zone Categories ........................................................................... 2-2
2.2.2 Zoning Grid Schedules ...................................................................................... 2-3
2.2.3 Property Detail Schedules..................................................................................2-3
2.2.4 Grand River Conservation Authority Regulated Area.........................................2-3
2.3 Limits of Zones ......................................................................................................... 2-3
SECTION 3 Definitions ....................................................................................................... 3-1
SECTION 4 General Regulations ....................................................................................... 4-1
4.1 Accessory Buildings and Structures .......................................................................... 4-1
4.2 Accessory Uses ........................................................................................................ 4-1
4.3 Bonusing ................................................................................................................... 4-1
4.4 Condominums ........................................................................................................... 4-7
4.4.1 Standard Condominiums ................................................................................... 4-7
4.4.2 Vacant Land Condominiums .............................................................................. 4-7
4.4.3 Common Element Condominiums ...................................................................... 4-8
City of Kitchener Final Draft Zoning By-law (April 2018)
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4.5Corner Visibility Triangles and Driveway Visibility Triangles ...................................... 4-9
4.6 Entrances ................................................................................................................. 4-9
4.7 Frontage on a Street ................................................................................................. 4-9
4.8 Home Occupation ..................................................................................................... 4-9
4.8.1 Regulations for Home Occupations .................................................................... 4-9
4.8.2 Permitted Home Occupation Uses ................................................................... 4-10
4.9 Non-Compliance as a Result of Land Acquisition .................................................... 4-11
4.10 Group Homes ......................................................................................................... 4-11
4.11 Correctional Group Homes ..................................................................................... 4-12
4.12 Location of Lodging Houses .................................................................................... 4-12
4.13 Number of Dwellings per Lot ................................................................................... 4-12
4.13.1 Second Dwelling Units ..................................................................................... 4-12
4.13.2 Secondary Dwelling Units ................................................................................ 4-13
4.14 Permitted Projections above Height Restrictions ..................................................... 4-13
4.15 Permitted Projections into Required Yards .............................................................. 4-13
4.15.1 Architectural Features ...................................................................................... 4-13
4.15.2 Balconies ......................................................................................................... 4-13
4.15.3 Canopies ......................................................................................................... 4-13
4.15.4 Decks .............................................................................................................. 4-13
4.15.5 Heating, Ventilation, and Air Conditioning Equipment ...................................... 4-14
4.15.6 Pools and Hot Tubs ......................................................................................... 4-14
4.15.7 Porches ........................................................................................................... 4-14
4.15.8 Restaurant Patios, Decks, and Outdoor Recreation ......................................... 4-15
4.15.9 Satellite Dishes and Antennas ......................................................................... 4-15
4.15.10 Steps and Access Ramps ............................................................................ 4-15
4.16 Permitted Uses ....................................................................................................... 4-16
4.16.1 Automotive Detailing and Repair Operation, and Heavy Repair Operation ....... 4-16
4.16.2 Construction Uses ........................................................................................... 4-16
4.16.3 Drive-Through Facilities ................................................................................... 4-16
4.16.4 Gas Station ...................................................................................................... 4-16
4.16.5 Model Home .................................................................................................... 4-17
4.16.6 Public Uses and Utilities .................................................................................. 4-17
4.16.7 Shipping Container .......................................................................................... 4-17
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4.16.8Towing Compounds ......................................................................................... 4-17
4.16.9 Temporary Sales Centre .................................................................................. 4-18
4.17 Visual Barrier .......................................................................................................... 4-18
SECTION 5Parking, Loading, and Stacking .................................................................... 5-1
5.1 Parking Provisions .................................................................................................... 5-1
5.2 Parking Space and Parking Lot Provisions ............................................................... 5-1
5.2.1 Parking Space Dimensions ................................................................................ 5-1
5.2.2 Location of Parking Spaces for Non-Residential Uses and Mixed Use Buildings 5-2
5.2.3 Location of Parking Spaces for Residential Uses ............................................... 5-3
5.2.4 Location of Parking Spaces on the Ground Floor of a Building .......................... 5-3
5.3 Driveway and Garage Provisions for Residential Uses ............................................. 5-4
5.4 Bicycle Parking Stall Provisions ................................................................................ 5-4
5.5 Minimum Parking Space Provisions .......................................................................... 5-6
5.6 Parking Exemptions for UGC Zones ....................................................................... 5-17
5.7 Maximum Parking Space Provisions ....................................................................... 5-17
5.8 Shared Parking Space Reductions ......................................................................... 5-17
5.9 Electric Vehicle Parking Space Provisions .............................................................. 5-19
5.10 Barrier-Free Accessible Parking Space Provisions ................................................. 5-20
5.11 Loading Space Provisions ....................................................................................... 5-21
5.12 Stacking Provisions ................................................................................................. 5-21
5.13 Equipment and Vehicle Storage Provisions............................................................. 5-22
SECTION 6 Urban Growth Centre (UGC) Zones ............................................................... 6-1
6.1 Applicable Zones......................................................................................................6-1
6.2 Permitted Uses.........................................................................................................6-1
6.3 Regulations...............................................................................................................6-3
6.4 Outdoor Storage.......................................................................................................6-5
6.5 Location of Parking Spaces and Loading Spaces ..................................................... 6-5
SECTION 7 Residential (RES) Zones ................................................................................ 7-1
SECTION 8Mixed Use (MIX) Zones................................................................................... 8-1
8.1 Applicable Zones ...................................................................................................... 8-1
8.2 Permitted Uses ......................................................................................................... 8-1
8.3 Regulations ............................................................................................................... 8-3
8.4 Visual Barrier ............................................................................................................ 8-4
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8.5Outdoor Storage ....................................................................................................... 8-4
8.6 Location of Parking Spaces and Loading Spaces ..................................................... 8-4
SECTION 9Commercial (COM) Zones .............................................................................. 9-1
9.1 Applicable Zones ...................................................................................................... 9-1
9.2 Permitted Uses ......................................................................................................... 9-1
9.3 Regulations ............................................................................................................... 9-3
9.4 Visual Barrier ............................................................................................................ 9-4
9.5 Outdoor Storage ....................................................................................................... 9-4
SECTION 10 Employment (EMP) Zones .........................................................................10-1
10.1 Applicable Zones ....................................................................................................10-1
10.2 Permitted Uses .......................................................................................................10-1
10.3 Regulations .............................................................................................................10-3
10.4 Visual Barrier ..........................................................................................................10-4
10.5 Outdoor Storage .....................................................................................................10-4
10.6 Location of Parking Spaces and Loading Spaces ...................................................10-4
SECTION 11 Institutional (INS) Zones ............................................................................11-1
11.1 Applicable Zones....................................................................................................11-1
11.2 Permitted Uses.......................................................................................................11-1
11.3 Regulations.............................................................................................................11-2
11.4 Visual Barrier ..........................................................................................................11-2
11.5 Outdoor Storage.....................................................................................................11-2
SECTION 12 Agriculture (AGR) Zones ............................................................................12-1
12.1 Applicable Zones ....................................................................................................12-1
12.2 Permitted Uses .......................................................................................................12-1
12.3 Regulations .............................................................................................................12-1
SECTION 13 Natural Heritage Conservation (NHC) Zones ............................................13-1
13.1 Applicable Zones ....................................................................................................13-1
13.2 Permitted Uses .......................................................................................................13-1
SECTION 14 Existing Use Floodplain (EUF) Zones .......................................................14-1
14.1 Applicable Zones ....................................................................................................14-1
14.2 Permitted Uses .......................................................................................................14-1
14.3 Regulations .............................................................................................................14-1
14.4 Outdoor Storage .....................................................................................................14-2
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14.5Underground Parking Facilities ...............................................................................14-2
SECTION 15Recreation (REC) Zones .............................................................................15-1
15.1 Applicable Zones ....................................................................................................15-1
15.2 Permitted Uses .......................................................................................................15-1
15.3 Regulations .............................................................................................................15-1
SECTION 16 Major Infrastructure and Utility (MIU) Zones ............................................16-1
16.1 Applicable Zones ....................................................................................................16-1
16.2 Permitted Uses .......................................................................................................16-1
16.3 Regulations .............................................................................................................16-1
16.4 Visual Barrier ..........................................................................................................16-1
16.5 Outdoor Storage .....................................................................................................16-1
SECTION 17 Stormwater Management (SWM) Zones ....................................................17-1
17.1 Applicable Zones ....................................................................................................17-1
17.2 Permitted Uses .......................................................................................................17-1
SECTION 18 Overlays ......................................................................................................18-1
18.1 Applicable Overlays ................................................................................................18-1
18.2 Regulations .............................................................................................................18-1
18.2.1 Flooding Hazard ..............................................................................................18-1
18.2.2 Slope Erosion Hazard ......................................................................................18-2
18.2.3 Significant Wildlife Habitat and Significant Landforms ......................................18-3
18.2.4 Ecological Restoration Areas ...........................................................................18-3
SECTION 19 Transition Provisions .................................................................................19-1
19.1 General Transition Matters ......................................................................................19-1
19.2 Complete Application Transition Matters ................................................................. 19-1
19.3 Transition Sunset Clause ........................................................................................19-2
SECTION 20 Site Specific Provisions .............................................................................20-1
20.1 Site Specific Provisions ...........................................................................................20-1
SECTION 21 Holding Provisions .....................................................................................21-1
21.1 Holding Provisions..................................................................................................21-1
SECTION 22 Temporary Use Provisions ........................................................................22-1
22.1 Temporary Use Provisions ......................................................................................22-1
City of Kitchener Final Draft Zoning By-law (April 2018)
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Appendices
Appendix A Zoning Grid Schedules
Appendix B Property Detail Schedules
Appendix C Grand River Conservation Authority Regulated Area
City of Kitchener Final Draft Zoning By-law (April 2018)
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SECTION 1 General Scope and Administration Page 1 of 2
SECTION 1 General Scope and Administration
1.1 TITLE
This By-law shall be known as the Zoning By-law of the City.
1.2 CONFORMITY AND COMPLIANCE WITH THE BY-LAW
No person shall erect, alter, enlarge, or use any land, building, orstructure within the city
in whole or in part,except as expressly permitted in this By-law. For greater certainty, all
uses of land shall be considered to be prohibited uses unless specifically permitted
herein.
1.3 COMPLIANCE WITH OTHER LEGISLATION
Nothing in this By-law shall be construed to exempt any person from complying with the
requirements of any other by-law of the City or any other government statute and/or
regulation that may otherwise affect the use of land, buildings, or structures.
1.4 APPLICATION
The provisions of this By-law shall apply to all lands in the cityshown on Appendix A.
For greater certainty, land shown on Appendix A with diagonal hatching and labelled
with By-law Number 85-1, By-law Number 4830, or By-law Number 878Aisincludedfor
convenienceof referenceonly and does not form part of this By-law.
1.5 VALIDITY
If any portion of this By-law is for any reason held to be invalid, it is hereby declared to
be the intention that all the remaining provisions of said By-law shall remain in full force
and effect until repealed, despite that one or more provisions thereof shall have been
declared to have been invalid.
1.6 EFFECTIVE DATE
This By-law shall come into effect on the date of passage.
1.7 REPEAL OF EXISTING BY-LAWS
All the provisions in By-law Number 85-1, By-law Number 4830, and By-law Number
878A, insofar as they affect the lands shown on Appendix A, are repealed.
1.8 ZONING OCCUPANCY CERTIFICATE
No change may be made in the type of use of any premises covered by this By-law
without the issuance of a Zoning Occupancy Certificate. No Zoning Occupancy
Certificate shall be required for a single detached dwelling, semi-detached dwelling,
street townhouse dwelling, second dwelling unit, secondary dwelling unit orprivate home
day care.
City of Kitchener Final Draft Zoning By-law (April 2018)
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SECTION 1 General Scope and Administration Page 2 of 2
1.9 TECHNICAL REVISIONS TO THE ZONING BY-LAW
Technical revisions may be made to this By-law without the need for a Zoning By-law
Amendment. Technical revisions include the correction of numbering, cross-referencing,
grammar, punctuation or typographical errors or revisions to format in a manner that
does not change the intent of this By-law.
1.10 CONTENTS OF THIS BY-LAW
a) Tables form part of this By-law and specify permitted uses and/or regulations.
b) Appendix A and Appendix B form part of this By-law. Appendix C is included for
convenience of reference only and does not form part of this By-law.
c) Reference aids such as tables of contents, marginal notes, headers, footers,
headings, and illustrations are included for convenience of reference only and do
not form part of this By-law. For greater certainty, illustrations are to be used as
examples to show the application of a regulation, and shall not be construed to
have general application beyond their context.
City of Kitchener Final Draft Zoning By-law (April 2018)
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SECTION 2 Interpretation, Classification, and Limits of Zones Page 1 of 4
SECTION 2 Interpretation, Classification, and Limits of Zones
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
c) By-ly
particularsection of this By-law.
d) Where a section or provision of this By-law is noted as ,the purpose is
to leave space for possible future amendments to this By-law. For greater
certainty, the word reference only, and
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 anylegislation 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. Within a table,
the notation GFA shall mean gross floor area, the
2
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SECTION 2 Interpretation, Classification, and Limits of Zones Page 2 of 4
2.2 ZONES,ZONING GRID SCHEDULES, AND APPENDICES
2.2.1 Reference to Zone Categories
Sections 6 through 17 comprise different zone categories that include one or more
zones. A reference made to a zone category includes all zones within that zone
category. Azone or zone category may be referred to by the following symbols:
Urban Growth Centre (UGC)Zones Symbol
City Centre DistrictUGC-1
Civic DistrictUGC-2
Innovation DistrictUGC-3
Market DistrictUGC-4
Residential (RES) Zones Symbol
ReservedReserved
Mixed Use (MIX)Zones Symbol
Mixed Use OneMIX-1
Mixed Use TwoMIX-2
Mixed Use ThreeMIX-3
Commercial(COM)Zones Symbol
Local CommercialCOM-1
General CommercialCOM-2
ArterialCommercialCOM-3
Commercial CampusCOM-4
Employment(EMP)Zones Symbol
Neighbourhood Industrial EmploymentEMP-1
General Industrial EmploymentEMP-2
Heavy Industrial Employment EMP-3
Service Business Park Employment EMP-4
General Business Park EmploymentEMP-5
Institutional (INS)Zones Symbol
Neighbourhood InstitutionalINS-1
Major InstitutionalINS-2
Agriculture (AGR)ZonesSymbol
Prime Agriculture AGR-1
Natural Heritage Conservation (NHC)ZonesSymbol
Natural Heritage ConservationNHC-1
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SECTION 2 Interpretation, Classification, and Limits of Zones Page 3 of 4
Existing Use Floodplain (EUF)ZonesSymbol
Existing Use Floodplain EUF-1
Recreation (REC)Zones Symbol
Recreation REC-1
Major Infrastructure and Utility (MIU)ZonesSymbol
Major Infrastructure and UtilityMIU-1
Stormwater Management (SWM)Zones Symbol
Stormwater ManagementSWM-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
parentheses.
e)The location, extent, and boundaries of temporary use provisions are shown on
Appendix A where a zonesymbol is followed by a
parentheses.
2.2.3 Property Detail Schedules
Where azone symbol on Appendix A is followed by a number in square brackets,
reference shall be made to the corresponding property detail schedule number of
Appendix B.
2.2.4 Grand River Conservation Authority Regulated Area
The Grand River Conservation Authority Regulated Area is delineated on Appendix C
and illustrates areas that may be regulated under Ontario Regulation 150/06. The actual
regulated area may differ from the area shown on Appendix C
2.3 LIMITS OF ZONES
a) When determining the boundary of any zone as shown on Appendix A, the
following shall apply:
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SECTION 2 Interpretation, Classification, and Limits of Zones Page 4 of 4
i) 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;
ii) a boundary indicated as following lot lines or the municipal boundaries of
the city shall follow such lot lines or boundary; and,
iii) where a boundary is left uncertain after reference to Subsections i)and
ii), the boundary shall be determined either through Appendix B or scaled
from Appendix A.
b) Where two or more zones apply to alot, the following shall apply:
i)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; and,
ii)building height shall be measured to the uppermost point of that portion of
abuilding within each zone.
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SECTION 3 Definitions Page 1 of 23
SECTION 3 Definitions
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 principaluse(s) or primary building(s) situated on the same lot.
Adult Sex Film Theatre means the useofabuilding for the making or showing of films
classified as adult sex film by the Ontario Film Review Board.
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 buildingsandstructures, including livestock facilities, manure
storages, and value-retaining facilities. Agriculture may 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 may 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,andgames
of chance or skill are provided for public amusement, and may 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.
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.
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SECTION 3 Definitions Page 2 of 23
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 belowgrade.
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 abicycle locker or an enclosed, secure area with
controlled access in which a bicycle may beparked and secured for the long term in a stable
position with at least one point of contact with the frame of the bicycle.
Bicycle Parking Stall, Class B means an area in which a bicycle may be parked and
secured for the short term in a stable position with two points of contact with the frame of the
bicycle.
Biotechnological Establishment means the use of a premises for the research,
development, application, and production of bio-organisms, which may or may not be used in a
manufacturing process, 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 building floor area that may be provided on a lot in exchange
for facilities, services, or matters that benefit the community. building floor
area beyond the maximum base floor space ratio in a zone.
Brewpub means the use of a building for the small-scale production of beer, wine, cider,
and/or spirits in conjunction with a restaurant.
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SECTION 3 Definitions Page 3 of 23
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 anyfloor 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 finished grade level at the
perimeter of the building and the uppermost point of the building. For all uses except asingle
detached dwelling with or without a second dwelling unit, at no point shall the vertical distance
between the lowest finished grade and the uppermost point of the building exceed 110% of the
maximum building height in the applicable zone.
Building 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 apremises for the temporary accommodation of the travelling
public inmajor recreational equipment, or tents for recreational use.
Canine and Feline Grooming Establishment means a home occupation for the grooming of
dogs and/or cats, including bathing, cutting of hair, trimming of nails, and other services
generally associated with the act of grooming, but shall not include pet boarding,pet services
establishment, or veterinary services.
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 may 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.
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SECTION 3 Definitions Page 4 of 23
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 may include an accessory 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 vehiclesand/or heavy equipment is
offered.
Commercial Entertainment means the use of abuilding for the entertainment of the public
and may 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. Commercial
entertainment shall not include anadult sex film theatre oramusement park.
Commercial Parking Facility means the use of a premises for the temporary parking of
motor vehicles in parking spaces and/or tandem parking spaces. A commercial parking facility
shall not include the storage of motor vehicles or any required parking spaces associated with a
use.
Commercial School see School, Commercial
Commercial Vehicle see Vehicle, Commercial
Commercial Vehicle Wash Facility means the use of a premises for the cleaning of
commercial vehicles.
Commercial Water Taking means a use of alot where water is extracted from surface or
ground water, and where some or all of such extracted water is transported from the site for
sale.
Community Facility means the use of a premises for a multi-purpose facility that offers a
combination of recreational, cultural, community service and information or instructional
programs, and may 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.
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SECTION 3 Definitions Page 5 of 23
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.
Continuing Care Community means the use of a premises that is planned, developed,
managed, and operated as a continuum of accommodations and care, and is comprised of a
large residential care facility and may contain an independent living facility.
Convenience Retail see Retail, Convenience
Corner Lot seeLot, Corner
Corner Visibility 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.
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 apremises for the creation, production, and viewing of arts
and culture, and may 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 apremises licensed under Provinciallegislation that
accommodates a minimum of six children for the purpose of providing temporary care for a
continuous period of time not exceeding twenty-four hours.
Day Care, Private Home means a home occupation that accommodates five children or less
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
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SECTION 3 Definitions Page 6 of 23
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 spacesand/or
loading spaces, but shall not include a driveway.
Drive-Through Facility means the use of a premises including stacking lanesand 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 may include a single
detached dwelling,semi-detached dwelling,street townhouse dwelling, second dwelling unit,
secondary dwelling unit, 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 unitsand
extends from the base of the foundation to the roof line. Acluster townhouse dwellingis not a
street townhouse dwelling or multiple dwelling.
Dwelling, Multiple means the use of a building containing three or more dwelling units, and
may include a stacked townhouse dwelling and back-to-back townhouse dwelling.A multiple
dwellingis not a street townhouse dwelling,mixed-use building, or cluster townhouse dwelling.
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-detacheddwelling unit shall be designed to be located on a separate lot.
Dwelling, Single Detached means the use of a building containing one dwelling unit as the
principaluse of the building.
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 townhousedwelling unit shall be designed to be on a separate lot.Street townhouse
dwelling shall not include a cluster townhouse dwelling or multiple dwelling.
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SECTION 3 Definitions Page 7 of 23
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 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 dwellingunit that is accessory to
agriculture.
Dwelling Unit, Second 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 on a lot containing one other dwelling unit.
Dwelling Unit, Secondary 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,orstreet townhouse dwelling unit.Asecondary dwelling
unit is not an accessory building.
E
Electrical Transformer Station means the use of apremises to manage the transmission
and distribution of electrical power that is provided to the public.
Electric Vehicle Supply Equipment means electric vehicle supply equipment as defined in
the Ontario Building Code.
Elementary School seeSchool, Elementary
Equestrian Establishment means the use of apremises where horses are boarded,
groomed, and/or available for riding and training.
Existing means legally existing since the day of the passing of this Bylaw.
Exterior Side Lot Line see Lot Line, Exterior Side
Exterior Side Yard see Yard, Exterior Side
F
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SECTION 3 Definitions Page 8 of 23
Façade means a building wall or series of building walls addressing a street excluding
architectural features.
Façade Opening means any window or entrance which provides clear visibility or access
from the outside to goods, exhibits, or the interior of a building.
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.
Financial Establishment means the useofabuilding which provides financial services in
which money is deposited, kept, lent, or exchanged, and may 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 apremises in which facilities and activities are provided for
physical exercise.
Floor Space Ratio means the figure obtained when the building floor area on a lot is divided
by the lot area. In the case of a building or part thereof located above a street 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 thestreet or lane between the lot line and the centre line of the street or
lane.
Food Store means the useofapremises devoted primarily to the retail of food and food
products and may 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 meansthe 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
may include an accessory 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.
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SECTION 3 Definitions Page 9 of 23
Garage Width, Privatemeans the horizontal distance of a private garage along the façade,
measured between the exterior walls, or in the case of an attached private garage that does not
project beyond the façade of a dwelling unit, measured from the exterior wall abutting a side
yard to the midpoint of the opposite interior wall.
Garden Centre, Nursery, and/or Landscaping Supply means the useofapremises for the
retail and display of only plants, trees and shrubs, andgardening and landscaping supplies and
equipment.
Gas Station means the use of apremises for the retail of automotive fuel and other auto-
related products, but shall not include automotive detailing and repair operation.
Golf Course means the use of apremises for playing golf and may include an indoor or
outdoor driving range, a putting green, and similar uses, but does not include aminiature golf
facility.
Grade means the elevation of the finished ground or land immediately surrounding such
building 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 10persons, 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 10persons, 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 apremises by health professional(s) for the purpose of
consultation, diagnosis, and/or treatment of persons.Ahealth clinic may 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 ahome occupation that is used by health professional(s) for the
purpose of consultation, diagnosis, and/or treatment of persons.
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SECTION 3 Definitions Page 10 of 23
Health Professional means aperson 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 ofhousewares and
a wide range of materials, merchandise, and equipment for construction,home improvement,
and home gardening.
Home Occupation means the use of a building for a business that is secondary to the
principaluse 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.
Hospital means the use of apremises 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 alodging house,small residential care
facility,large residential care facility, or bed and breakfast.
Hydro Corridorautility 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
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SECTION 3 Definitions Page 11 of 23
L
Landscaped Area means any portion of alot 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
anoutdoor swimming pool area.
Landscaping means the landscaped area occupied by natural vegetation, surface walkways,
rooftop gardens, patios, decks, playgrounds, pathways, and other similar materials,but shall not
include areas for the parking of or access to motor vehicles.
Lane means a public highway or road allowance having a width of less than 12.19 metres.
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 four 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 may
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
athrough corner lot.
Lot, Through means a lot bounded by streets on two opposite sides.
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SECTION 3 Definitions Page 12 of 23
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 Linemeans 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:
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 linesabutting a street as the front
lot line;
b)in the case of a through lot, the shorter lot line abutting a street shall be the front lot line.
Where such lot lines are of equal length, the City may deem any of the lot lines abutting
astreet as the front 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 sidelot 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 yardsetback.
Low Density Residential Use see Use, Low Density Residential
Low-Rise Building see Building, Low-Rise
City of Kitchener Final Draft Zoning By-law (April 2018)
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SECTION 3 Definitions Page 13 of 23
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 may include motor homes, travel trailers, tent trailers, boats, boat trailers, personal
watercraft, or other similar equipment.
Manufacturing means the use of apremises for the production, compounding, processing,
packaging, crating, bottling, packing, finishing, treating, ornamenting, altering, fabricating, or
assembly of raw, semi-processed, or fully-processed goods or materials. Manufacturing shall
not include commercial water taking.
Mid-Rise Building see Building, Mid-Rise
Mixed Use Building means a building with at least one dwelling unit and a non-residential
use.
Mixed Use Development means a lot with two or more buildings where at least one building
contains a dwelling unit and at least one building contains a non-residential use.
Model Home means 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.
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SECTION 3 Definitions Page 14 of 23
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.
Nightclub means the use ofabuilding with a dance floor and pre-recorded or live music for
entertainment, and may include arestaurant.
Noxious Use see Use, Noxious
O
Office means the use of abuilding in which clerical, administrative, consulting, advisory, or
training services are performed, but shall not include a health clinic, commercial school,or
industrial administrative office.
On-Farm Diversifiedmeans 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 may 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 materialson a lot not within
abuilding.
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.
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SECTION 3 Definitions Page 15 of 23
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 amotorvehicle, 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 amotorvehicle, when parked, is parallel to the drive aisle,driveway,lane, or street
which gives direct access to such parking space.
Parking Space, Tandem means the arrangement of two parking spaces such that it is
necessary to traverse one parking space to gain access to the other from a lane, drive aisle,
driveway, or street.
Parking Space,Visitor means a parking space for the exclusive use of visitors to a premises.
Pawn Establishment means the use ofabuilding 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 theuse of abuilding in which personal loans are
provided to consumers andwhich is regulated under the Payday Loans Act, and shall not
include a financial establishment.
Pet Boarding means the use of apremises for theovernight accommodation of domestic
animals. Pet boarding may include pet services establishment but shall not include veterinary
services or animal shelter.
Pet Services Establishment means the use of a buildingfor the grooming, training, care and
supervision of domestic animals during the day. Pet services establishment shall not include
pet boarding,veterinary services, or animal shelter.
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.
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SECTION 3 Definitions Page 16 of 23
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 may include dwelling unit(s) as an
accessory use.
Post-Secondary School seeSchool, 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
abuilding 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 ofapremises in which books,
newspapers, periodicals, flyers, or other printed materials are produced.
Print Shop means the use of abuilding for photocopying, blueprinting, or binding.
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 wherepropane 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 apremises operated by or on behalf of the Federal or
Provincial governments, the Region, the Grand River Conservation Authority, or the City, for the
storage and maintenance of materials and equipment related to public infrastructure.
Q
R
Rear Lot Line see Lot Line, Rear
Rear Yard see Yard, Rear
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SECTION 3 Definitions Page 17 of 23
Recreation, Outdoor Active means the use of land, water, buildings and/or structures for
outdoor leisure and athletic activities and may 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.
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 non-
hazardous, non-toxic, or un-contaminated waste into re-usable materials.
Recycling Operation,Outdoor means the use of apremises for the processing of non-
hazardous, non-toxic, or un-contaminated waste into re-usable materials.
Region means the Corporation of the Regional Municipality of Waterloo.
Repair Operation, Light means the 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 apremises for research,
investigation, testing, or experimentation including laboratories; pilot plants; prototype
production facilities; software development and/or engineering services;andscientific,
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 may include one or more amenity areas
such as common dining, lounge, kitchen, and recreational area. A large residential care facility
may include a correctional group home,group home, and retirement home.
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SECTION 3 Definitions Page 18 of 23
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 may include one or more amenity areas
such as common dining, lounge, kitchen, and recreational area. A small residential care facility
may include a correctional group home,group home, and retirement home.
Residential Zone see Zone, Residential
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 apremises 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 may include a pharmacy, food store, home improvement store,andconvenience
retail, but does not include large merchandise retail; building material and decorating supply
establishment; garden centre, nursery, and/or landscaping supply;orretail of motor vehicles
and major recreation equipment.
Retail, Convenience means the use of apremises where a variety of grocery,household
items andother convenience goods are sold .
Retail, Large Merchandise means the use of apremises where primarily large or bulky
goods are displayed, rented, or sold.Large merchandise retail may include building material
and decorating supply establishment; garden centre, nursery, and/or landscaping supply; home
improvement store; andmajor 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 apremises
where motor vehicles and major recreation equipment, and parts and accessories thereto, are
displayed, stored, sold, rented, and/or leased and may 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 ofapremises for the handling, storage, baling,
packing, disassembly, buying, or sale of scrap material such as discarded motor vehicles,
machinery, or building materials.
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SECTION 3 Definitions Page 19 of 23
School, Adult Education means the use of a premises for apublicly 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 includepost-
secondary school or commercial school.
School, Commercial means the use of apremises 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.
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 ofapremises 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 aprovincially approved institution for
academic instruction typically offered from grade nine to grade twelve including a public, private,
or separate school, but does not include a commercial school.
Second Dwelling Unit see Dwelling Unit, Second
Secondary Dwelling Unit see Dwelling Unit, Secondary
Semi-Detached Dwelling see Dwelling, Semi-Detached
Setback means the minimum regulated distance measured at right anglesbetween a lot line
and the nearest part of any above gradebuildingorstructure.
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.
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SECTION 3 Definitions Page 20 of 23
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.
Stepback means the horizontal distance the portion of the building above the base is
recessed from the 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 buildingor 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
unfinishedattic 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 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
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SECTION 3 Definitions Page 21 of 23
Towing Compound means the use of a lot for the temporary storage of motor vehicles and
may include the temporary storage of discarded motor vehicles.
Tradesperson or Contractor's Establishment means the use of apremises where manual
or mechanical skills are housedto 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 apremises for the dispatching of commercial
vehiclesandmotor vehicles transporting goods or passengers, and the parking and servicing of
such commercial vehiclesandmotor vehicles when not in service.
Transportation Facility means the useofapremises for the maintenance and storage of
commercial vehicles for public transportation, and related equipment, and may include a
transportation depot.
Truck Transport Terminal means the useofapremises for the storage of commercial
vehicles for the purpose of dispatching as common carriers, or where goods and materials are
temporarily stored in bulk quantities at a transfer point for further shipment, and shall include the
rental or leasing of trucks, and a courier distribution facility.
U
Use means:
a)as a noun, the purpose for which any premises is arranged, designed, or intended to be
used, occupied, or maintained.
b)as a verb, anything done or permitted by the owner or occupant, of any land, building, or
structure directly or indirectly or by or through any trustee, tenant, servant, or agent of
such owner or occupant, for the purpose of making 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, Low Density Residential means alot zoned to permit any of the following: single
detached dwelling,semi-detached dwelling,street townhouse dwelling, second dwelling unit,
secondary dwelling unit,cluster townhouse dwelling, multiple dwelling that is a low-rise building,
small residential care facility, large residential care facility,and/or lodging house.
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SECTION 3 Definitions Page 22 of 23
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 noxioususe 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 atruck
transport terminal containing hazardous, toxic, and/or contaminated materials.
Use, Public means the use of any land, building, orstructure by or on behalf of the Federal or
Provincial governments, the Region, the Grand River Conservation Authority, or the City.
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 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 apremises for consultation, diagnosis, and treatment
of animals, and related boarding and grooming.
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SECTION 3 Definitions Page 23 of 23
W
Warehouse means the use of abuilding for the storage and/or distribution of goods andmay
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 apremises for the collection, sorting, and
processing of waste material for long term disposal on-site or for transfer to another site and
shall include a landfill, recycling facility, incinerator, composting facility, waste transfer station, or
other similar uses, but shall not include a salvage or scrap yard.
Water and Wastewater Treatment Facility means the use of apremises for the collection,
treatment, storage, and distribution of water or wastewater.
X
Y
Yard means any open area of a lot abutting a building.
Yard, Front means a 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 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 yard from the exterior side lot line to the nearest point of the principal building.
Yard, Side means an exterior sideyard and an interior side yard.
Z
Zone means a designated area of land shown on the Zoning Grid Schedules contained in
Appendix A of this By-law.
Zone, Residential means a RES zone herein, or any residential zone in Zoning By-law 85-1.
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SECTION 4 General Regulations Page 1 of 18
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 less than 10 square metres and a maximum height of 3 metres are
permitted within a required rear yard or a required interiorside yard.
c)Accessorybuildingsandstructures 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
lineandrear lot line.
d)For accessory buildings to single detached dwellings,semi-detached dwellings,
andstreet townhouse dwellings,with or without a second dwelling unit, or
secondary dwelling unit, and to multiple dwellings, the maximum height of the
shortest exterior wall shall be 3 metres,the maximum building height shall be 5.5
metres,and the maximum lot coverage shall be 15 percent.
e)Accessorybuildings orstructures 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 BONUSING
a)The maximum floor space ratio of a lot may be increased using only those bonus
value(s) in Table 4-1 in return for facilities, services, or matters that benefit the
community.
b)Bonusing shall only apply in the following zones:
i)UGC-1
ii)UGC-2
iii)UGC-3
c)The facilities, services, or matters provided in exchange for a bonus value must
be over and above the minimum or standard requirements for the development.
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SECTION 4 General Regulations Page 2 of 18
d) No lot shall be eligible for a bonus value where said lot does not have sufficient
infrastructure.
e) No bonus value shall apply for existing facilities, services or matters on a lot,
except for the conservation and maintenance of cultural heritage resources.
f) The owner of the lot upon which facilities, services, or matters are to be provided
or contributed in return for abonus value, shall enter into an agreement with the
City pursuant to Section 37 of the Planning Act,to be registered on title.
g) No site plan agreement shall be entered into and no building permit shall be
issued, until such time as the agreement referenced in Subsection f) is entered
into and has been registered on the title of the lot to which it applies.
h) More than one community benefit identified in Subsection i) may be usedand,
where applicable, more than one additional bonus value within a community
benefit may be used.
i)Bonus values are identified in Table 4-1 and may be further described in a
Bonusing Implementation Guide.
Table 4-1: Bonus Values in Exchange for Facilities, Services, or Matters
Community BenefitFacility, Service,or MatterBonus Value
2
Energy, water and Greater than 50% of total roof 2 items:2,000m
waste management/coverage is eco/green roof
or
conservation,
Minimum of 1 entire exterior wall
2
3 items:4,000m
includingstormwater
(except openings)is a green wall
management
Energy conservation glazing of all
or
exterior facing glass is at least50%
3 itemsthat includes the
per cent over and above the
stormwater management
minimum Ontario Building Code
2
benefit:6,000m
requirement
Building utilizes an energy or heat
or
reuse/conservation system
Greater than 3items:
Building utilizes an exfiltration
2
6,000m
system
Building utilizes a grey water system
Stormwater is managed on-site at
least 50% overand above the
minimum requirements or target
(using methods such asrain water
harvesting, bioswale,
porous/permeable paving)
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SECTION 4 General Regulations Page 3 of 18
Community BenefitFacility, Service,or MatterBonus Value
2
Transportation Provision of a number ofbicycle At least 4items:4,000m
Demand parking stalls at least 50%over and
or
Managementabovethe minimum requiredwith at
2
At least 8 items:6,000m
least 75% of those additional stalls
being Class A
Shower and change facility at least
50% over and above the minimum
requirements
Provision of an exterior publicly
accessible covered bike share
facility with a minimum of 12 spaces
Provision of a minimum of 2
dedicatedand signedmotor vehicle
car-share spaces
Purchaseof a dedicated motor
vehiclefor car-share
Provision of subsidized transit
passesavailable to alloccupants
Membership with a Transportation
Management Association
Installation of transit and active
transportation digital displays and
provision of materials that promote
transitand active transportation
Provision of a publicly accessible
bicycle repair station
Provision of all parking spaces as
unbundled
Land for public useDedication of land to a public At least 50% over and
authority or utility agency beyond above the minimum
2
the minimum requirements(such as requirement:2,000m
trails,stormwater management
or
facility,road widening,utility
At least 100% over and
corridor)
above the minimum
2
requirements:4,000m
2
Non-profit arts, Gratuitously dedicated facility or For every 250m:
2
cultural, community space on the ground flooror 2,000mto a maximum of
2
or institutional useaccessible second storeyfor a non-8,000m
profit organization related to arts,
culture, creative industries,
community, or institutional uses
City of Kitchener Final Draft Zoning By-law (April 2018)
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SECTION 4 General Regulations Page 4 of 18
Community BenefitFacility, Service,or MatterBonus Value
Parklandand/or Provision ofadditional publicly At least 25% over and
improvement to parksowned parkland or additional cash-above the minimum
2
in-lieu contribution towards land or requirement:4,000m
park facilities
or
At least 50% over and
above the minimum
2
requirement:8,000m
Protection, Planting of additional native Provide on-site
conservation, vegetation or enhancingtheurban vegetation that is at least
restoration, or forest25%over and above the
enhancement of minimum required:1,000
2
natural heritage m
features
Provide on-site
vegetation that is at least
50% over and above the
minimum required :2,000
2
m
Provision of funds towards off-site Contributiontowards off
vegetation or ecological restoration site vegetation, urban
area (ERA) projectforestor restoration of an
ERAof:
For every $75,000:1,000
2
mto a maximum total of
2
8,000m
Public parkingSecured, accessible public parking For every 25parking
2
operatedby/with the City in a spaces:2,000mto a
structure not visible from a street,maximum total of 6,000
2
either in an underground or other m
internal shared arrangement
Public transitProvision of infrastructure, facilities, Contribution for off-site
infrastructureor services for public transitworks over and above
minimum requirements
of:
For every $75,000:1,000
2
mto a maximum total of
2
8,000m
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SECTION 4 General Regulations Page 5 of 18
Community BenefitFacility, Service,or MatterBonus Value
Renewable or Incorporates renewable energy Generatesrenewable
alternative energy sources (such as solar, wind, energy sources
systemsgeothermal, or other) into the equivalent to:
developmentand/or is part of a
District Energy SystemAt least 50% of the
operating
2
energy:4,000m
or
100% of the
operating
2
energy source:8,000m
Is part of a District
2
Energy System:6,000m
2
Conservation and Heritage conservation on a lotthat Entire building:8,000m
maintenance of is designated under the Ontario
cultural heritage Heritage Act and for which a
1
resources(1)heritage easement or covenantis
registered on title
Equivalent to LEED Buildingswill be equivalent to a Equivalent to LEED silver
standards or LEED or other similar rating system or above(or
2
equivalent rating level by a certified professionalcomparable):4,000m
system
Affordable, special Provision of dwelling unitsthat meet 10 to 25 percent,or
needs, assisted, or the definition of affordable, special greater than 75% of the
2
subsidized housingneeds, assisted, or subsidized;ordwelling units:6,000m
funds towards Cityor Region
or
affordable housing programs
25 to 75 percent of the
2
dwelling units:8,000 m
Contribution of funds
towards Cityor Region
affordable housing
programs:
For every $75,000:1,000
2
mto a maximum total of
2
6,000m
(1)A bonus value obtained on a lot
lots within
azone which permits bonusing in accordance with Section 4.3. Where density is
transferred, a bonus transfer agreement shall be executed with the City.
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SECTION 4 General Regulations Page 6 of 18
Community BenefitFacility, Service,or MatterBonus Value
22
Amenity area Provision of privately-owned indoor For every 50m:2,000m
oroutdoor amenity area(over and
above any parkland dedication
requirements)that is accessible to,
and equipped for use by,the
general public for passive or active
recreation or public gatherings
Public ArtProvision of one or more pieces of Cost of the provision of
public artone or more pieces of
public art:
For every $75,000:1,000
2
mto a maximum total of
2
8,000m
Residential dwelling Inclusion of a dwellingunitswithin a 25 to 100 dwellingunits:
2
unitsmixed use buildingorprovision of a 4,000m
range of dwelling unit sizes
or
Greater than 100
2
dwelling units:6,000m
25 or greater dwelling
unitscomprised of at
least 15%two-bedroom
dwelling units, 10%
three-bedroom dwelling
unitsand above,and a
maximum of 50%
bachelor dwelling units:
2
4,000m
StreetscapeelementsProvision of enhanced streetscape For every $75,000:
2
elements such as street tree 1,000mto a maximum
2
planting, planting bed infrastructure, total of 8,000m
enhanced paving, etc.
Bury undergroundhydro For each public street
2
infrastructurefrontage:2,000m
Design excellenceDesign of thepremisesis over and Exceeds the
above all of the minimumurban requirements of the
design standardsand is an urban design guidelines:
2
exemplary example of architecture4,000m
Uses a national or
international design
2
competition:2,000m
Food storeProvision of a food storeon the Food storebetween
22
ground floorof a multi-unit building2,000mand4,500m:
2
ormixed use building4,000m
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SECTION 4 General Regulations Page 7 of 18
Community BenefitFacility, Service,or MatterBonus Value
2
Business incubator/Dedicated spacewith limited For every 250m:2,000
2
accelerator spaceencumbranceson the ground floor,mto a maximum of
2
or accessible second storeyfor an8,000m
organization related to providing a
hub for health, technology,
environmental, social,orotherlike
usesas business incubator/
accelerator officeor makerspace
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;
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 4.13, more than one single detached dwelling,semi-detached dwelling,
orstreet 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
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SECTION 4 General Regulations Page 8 of 18
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 4.7,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 withthe regulations of the By-law, provided that:
a) all applicable regulations of the By-law relative to the whole lot and its external lot
lines existing prior to any condominium plan registration are complied with; and,
b) each dwelling unit shall have an unobstructed access at grade or ground 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, accessorybuildings,yard projections,
anddriveways 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
lineshall be deemed to be the shortest lot lineabutting astreet, internal driveway,or
internal walkway which provides primary access to the dwelling unit.
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SECTION 4 General Regulations Page 9 of 18
4.5 CORNER VISIBILITY TRIANGLES AND DRIVEWAY VISIBILITY TRIANGLES
a)No buildings,structures, motor vehicles,signs, landscaping, or other
impediments shall obstruct visibility within acorner visibility triangleordriveway
visibility triangle. An obstruction to visibilityshall not include objects 0.9 metres or
less in height from the ground, or objects higher than 5metres in height from the
ground.
b)Acorner visibility triangle shall be measured at 7 metres from the point of
intersection of the street lines.
c)Despite Subsection b), in a UGC zone, a corner visibility triangle shall be
measured at 6 metres from the point of intersection of the street lines.In a UGC
zone,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 triangle.
d)Adriveway visibility triangle 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.
e)Despite Subsection d), in a UGC zone, a driveway visibility triangle shall not be
required.
4.6 ENTRANCES
Cluster townhouse dwellings,multiple dwellings, and mixed use buildings shall have an
entrance on the ground floor for all façades abutting a street.
4.7 FRONTAGE ON A STREET
Unless otherwise provided for in this By-law, no person shall erect any building or
structure; or use any building,structure, or lot unless:
a)thelot has frontage on a street; or,
b)thelot is separated from a street by land owned by a public agency for future
road widening purposes, or as a 0.3 metre reserve if registered rights-of-way
giving access to a street have been granted and such access scheme is part of a
development agreement pursuant to the Planning Act, as may be outstanding as
at the date of passage hereof, or as may be hereafter agreed to.
4.8 HOME OCCUPATION
4.8.1 Regulations for Home Occupations
a)Ahome occupation shall only be permitted on a lot containing a single detached
dwelling (with or without a second dwelling unit orsecondary dwelling unit), semi-
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SECTION 4 General Regulations Page 10 of 18
detached dwelling (with or without a second dwelling unit orsecondary dwelling
unit), street townhouse dwelling (without a second dwelling unit orsecondary
dwelling unit), cluster townhouse dwelling, or multiple dwelling.
b)Ahome occupation shall only locate in a dwelling.
c) Ahome occupation shall only be operated by the persons resident in the dwelling
unit.
d)Outdoor storage shall not be permitted as part of a home occupation.
e)Ahome occupation shall not include a noxious use.
4.8.2 Permitted Home Occupation Uses
No person shall conduct a home occupation for any use other than those permitted uses
within Table 4-2.
Table 4-2: Permitted Home Occupation Uses
Home Occupation UseFirst Home Occupation Second Home
UseOccupation Use
Permitted home occupation useon a lotcontaining a single detached dwellingor
asemi-detached dwelling unit(without a second dwelling unitorsecondary
dwelling unit)(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 useinadwelling unitwithin asingle detached
dwellingwithasecond dwelling unitorsecondary dwelling unit,semi-detached
dwelling unitwithasecond dwelling unitorsecondary dwelling unit,street
townhouse dwelling, cluster townhouse dwelling,or multiple dwelling(9)(10)
Commercial School
Office
Indirect Sales
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SECTION 4 General Regulations Page 11 of 18
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 25percent of the gross floor
areaof the dwelling unit. In no case shall the gross floor area for all home
occupations exceed 50 square metres of gross floor area.
(2) Ahome occupation shall be conducted so as to not attract more than three
customers or clients at any one time.
(3) Despite Section 4.8.1 b), an artisans establishment, office, or indirect saleshome
occupation,that does not attract customers or clients to the lot, may locate in an
accessory building.
(4) Despite Section 4.8.1 c), in addition to the resident, a home occupation may employ
one non-resident employee.
(5) Only within a single detached dwelling.
(6) A maximum of two bedrooms is permitted within a bed and breakfast.
(7) A maximum of two dogs and two cats associated with the canine and feline grooming
establishment are permitted at any one time, for a maximum of three hours on any
given day during regular operating hours.
(8) Shall not include the cleaning of apparel.
(9) Ahome occupation shall be conducted so as to not attract more than one customer
or client at any one time.
(10) A maximum of one home occupation shall be permitted within each dwelling unit to
a maximum of 15 square metres of gross floor area.
4.9 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.
4.10 GROUP HOMES
Only one group home shall be permitted on a lot.
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SECTION 4 General Regulations Page 12 of 18
4.11 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.
4.12 LOCATION OF LODGING HOUSES
a) Only one lodging house shall be permitted on a lot. No building shall be used for
alodging house on a lot that is situated within 400 metres of another lot on which
alodging house is located, such minimum distance to be measured from the
closest point of the lot lines associated with each lot; and,
B) No building shall beused 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.
4.13 NUMBER OF DWELLINGS PER LOT
a) Unless otherwise provided for in this By-law, in any zone where a single
detached dwelling orsemi-detached dwelling is permitted, no more than one
such dwelling shall be erected on a lot.
b) On a lot or block against which a Part Lot Control Exemption By-law is
registered, those parts on a reference plan which are intended to constitute a
future lot, the future lot shall be considered a lotfor the purposes of this By-law.
4.13.1 Second Dwelling Units
The regulations specified by any zone category in which a second dwelling unit is
permitted, shall apply in addition to and as amended by the following:
a) shall only be permitted onlots with no secondary dwelling unit, andshall be
located in the same building as a single detached dwelling,semi-detached
dwelling, or street townhouse dwelling; and,
b)adirect entrance to the second dwelling unit from the outside shall be provided
from a rear yard or side yard only.
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SECTION 4 General Regulations Page 13 of 18
4.13.2 Secondary Dwelling Units
Reserved.
4.14 PERMITTED PROJECTIONSABOVE HEIGHT RESTRICTIONS
The maximum building height shall not apply to architectural features which also
includes spires; cupolas; antennae; flag poles; elevator penthouses; roof access
stairways, railings, and penthouses; and heating, ventilation, and air conditioning
equipment.
4.15 PERMITTED PROJECTIONSINTO REQUIRED YARDS
4.15.1 Architectural Features
Architectural features may project into any required yard to a maximum of 0.6 metres.
4.15.2 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 aminimum of 0.75 metres from an interior side lot line or rear lot line;
and,
d) are located aminimum of 3 metres from a street line.
4.15.3 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,orrear lot line.
4.15.4 Decks
a) All decks shall meet the setback regulations required for the building in the
applicable zone.
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SECTION 4 General Regulations Page 14 of 18
b)Despite Subsection a) in a residential zone, uncovered and 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, uncovered and 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.
4.15.5 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 orinterior
side yard, provided that the equipment:
i)is located a minimum of 3 metres from a street line and is screened from
the street.
b)Heating, ventilation, and air conditioning equipment; and other similar mechanical
equipment associated with a non-residential building ormixed use building, may
locate within a required rearyardor interior side yard, provided that the
equipment:
i)has a minimum setback of 3 metres from a street line and from an
abutting residential zone, and is screened.
4.15.6 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 poolor hot tub:
a)has a minimum setback of 0.6 metres from an interiorside lot line or rear lot line;
and,
b)is located a minimum of 2.1 metres from a street line.
4.15.7 Porches
a)The minimum depth of a porch associated with a dwelling unit shall be 1.5
metres; or in the case of an existing porch with a depth of less than 1.5 metres,
the minimum depth shall be the existing depth.
b)Unenclosed porches associated with a dwelling unit may project into afront yard
orexterior sideyard provided that the porch is located a minimum of 3 metres
from a street lineandthe floor of the porch does not exceed 1 metre in height
above the ground. A cold room may be located beneath the porch.
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SECTION 4 General Regulations Page 15 of 18
c) Despite Subsection b), a porch attached or unattached to the principal building of
astructure designated under the Ontario Heritage Act may be located or
reconstructed within a required front yard or side yard provided that the setback,
gross floor area, dimensions, and height do not exceed what legally existed on or
before March 5, 2012.
4.15.8 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 setbackof 3 metres from astreet
line; and,
c) despite Subsection a), in a UGC or MIX zone, a patio, deck, and outdoor
recreation associated with a restaurant may be located within a front yard or
exterior side yard.
4.15.9 Satellite Dishes and Antennas
Satellite dishes and antennas may project into a required yardand they shall be
attached to a building and shall not exceed 0.9 metres in diameter.
4.15.10 Steps and Access Ramps
a) Steps and access ramps shall be located a minimum of 0.75 metres from an
interior side lot line or rear lot line.
b) Despite Subsection a), steps and access ramps may locate 0 metres from an
interior side lot line or rear lot line provided that it is located at ground level.
c) Steps and access ramps that do not exceed 0.6 metres above ground level may
be located within a front yard or exterior side yard.
d) Steps andaccess ramps that exceed 0.6 metres above ground level shall be
located a minimum of 3 metres from a street line.
e) 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.
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4.16 PERMITTED USES
4.16.1 Automotive Detailing and Repair Operation, and Heavy Repair Operation
a) Any portion of a buildingused for an automotive detailing and repair operation
and/or heavy repair operation shall besetback aminimum 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.
4.16.2 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 buildingand/or trailer
intended for construction work purposes shall be used for human habitation.
4.16.3 Drive-Through Facilities
The regulations specified by the zone in which a drive-through facility is permitted shall
apply in addition to, and as amended by, the following:
a)Adrive-through facility shall be located a minimum distance of:
i)15 metres from an abutting residential zone where a visual barrier is
provided along the abutting lot line; and,
ii) 7.5 metres from an abutting residential zone where an acoustic barrier,
certified by a professional engineer, is installed along the abutting lot line
prior to occupancy of the drive-through facility, and is maintained
thereafter.
4.16.4 Gas Station
The regulations specified by the zone in which a gas station is permitted shall apply in
addition to, and as amended by, the following:
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
astreet line;
b) a fuel pump island and a canopy structure above a fuel pump island shall be
located a minimum of30 metres from a residential zone;
c) nounderground or above-ground fuel storage tank shall be located within 3
metres of a street line;
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SECTION 4 General Regulations Page 17 of 18
d) therear 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.
4.16.5 Model Home
a) A maximum of 10model 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.
4.16.6 Public Uses and Utilities
Unless otherwise regulated herein,public usesandutilities 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,
b)accessoryoutdoor storagemay be permitted, and shall not be located within any
yardabuttingaresidential zone.
4.16.7 Shipping Container
a)Ashipping container shall not be located on a lot in a residential zone.
b) Despite Subsection a), a shipping container may bepermitted 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,andthat the shipping container is located a minimum of
0.6 metres from a street line.
c) Where a shipping container is converted andused as a construction material for
a residential dwelling subject to the Ontario Building Code, it is a building.
4.16.8 Towing Compounds
Atowing compound shall not be located on a lot that is within 30 metres of a residential
zone.
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4.16.9 Temporary Sales Centre
Atemporary sales centre is permitted in all UGC, MIX, and COM zones; and in all
residential zones, andshallbe subject only to the setback regulations of the applicable
zone.
4.17 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.
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SECTION 5 Parking, Loading, and Stacking Page 1 of 22
SECTION 5 Parking, Loading, and Stacking
5.1 PARKING PROVISIONS
a)Parking spacesandbicycle parking stalls shall be provided and maintained for
each use located on a lot.
b)Parking spaces and bicycle parking stalls shall be located on the same lot as the
use requiring the parking spacesandbicycle parking stalls.
c) Despite Subsection b), 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 aREC, NHC, EUF, or SWM zone unless it is within the same
zone as the use requiring the parking spaces.
d) Where required parking spaces are provided in accordance with Subsection c),
the owner of both lots shall enter into an agreement with theCity 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 c), 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.
5.2 PARKING SPACE AND PARKING LOT PROVISIONS
a) Where a parking lot is situated on a lot and abuts a residential zone, a visual
barrier shall be provided and maintained between the parking lot and such
abutting residential lot linein accordance with Section 4.17 herein.
b)Allparking 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.
5.2.1 Parking Space Dimensions
Parking spaces shall be provided in accordance with Table 5-1.
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SECTION 5 Parking, Loading, and Stacking Page 2 of 22
Table 5-1: Regulations for Parking Space Dimensions
Type of Parking SpaceMinimum Dimensions
Angled parking space2.6min width and 5.5 min length (1)
Parallel parking space(interior space)2.4min width and 6.7 min length (2)(3)
Parallel parking space(end space)2.4min width and 5.5 min length (2)(3)(4)
Parking spacewithin a private garage3min width and 5.5 min length
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
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 byamaximum of 0.7 metres in length and
where reduced, shall be clearly identified, demarcated, and reserved for compact
motor vehicles.
(3)Aparallel parking space adjacent to a wall or obstruction shall have an access aisle.
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.
5.2.2 Location of Parking Spaces for Non-Residential Uses and Mixed Use Buildings
a)Parking spaces, loading spaces, display areas for motor vehiclesormajor
recreational equipmentfor sale or rental, or drive aislesshall not be located
within 3metres of a streetline.
b)Despite Subsectiona), in any MIX zone,parking spaces,loading spaces, or drive
aisles shall not be located within 4.5 metres of a streetline.
c)Despite Subsectiona), in any UGC zone,parking spaces,loading spaces,or
drive aislesmay be located 1.0 metre from a streetlineprovided that a
landscaped wallis constructedto partially screen parking from view.Such
landscaped wallshall be a minimum of 0.9 metres in height and a maximum of
1.2 metres in height, and shall be approved by the Director of Planning or
designate.
d)Despite Subsections a) through c), parking spaces,loading spaces, display
areas for motor vehiclesormajor recreational equipmentfor sale or rental, or
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SECTION 5 Parking, Loading, and Stacking Page 3 of 22
drive aisles that are located within abuilding are subject to setback regulations in
the applicable zone.
5.2.3 Location of Parking Spaces for Residential Uses
a) On a lot containing a single detached dwelling,semi-detached dwelling,second
dwelling unit,secondary dwelling unit, small residential care facility,lodging
house having less than 9 residents, or home occupation:
i)Parking spaces shall be located a minimum distance of 6 metres from a
street line;
ii)Despite Subsectioni), where two or more parking spaces are required, one
parking space may locate on the drivewaywithin 6metres of the front lot
lineorexterior side lot lineand may be a tandem parking space; and,
iii)Not more than one parking space for a home occupationmay be located in
arear yard, except in the case of a corner lot, a through lot, or a lotabutting
alane.
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,
ii) despite Subsection i), parking spaces,loading spaces, or drive aisles
located in an enclosed portion of a buildingentirely below grade, may have
aminimum setbackof 0metres from a front lot line,side lot line, and rear lot
line.
5.2.4 Location of Parking Spaces on the Ground Floor of a Building
a)In a UGC zone,orMIX zone,or on a lotwith a multiple dwelling,parking spaces
anddrive aisleswithin a buildingshall not be located on the ground floorof such
building.
b) Despite Subsection a), parking spacesanddrive aislesmay be located on the
ground floorof a buildingwhere:
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SECTION 5 Parking, Loading, and Stacking Page 4 of 22
i)the ground floorof the buildinghasone ormore permitted usesother
than a commercial parking facilitythat abut the façade;and,
ii)parking spacesanddrive 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 façade, except for access.
5.3 DRIVEWAY AND GARAGE PROVISIONS FOR RESIDENTIAL USES
Reserved.
5.4 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 bea 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.
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SECTION 5 Parking, Loading, and Stacking Page 5 of 22
d)Despite Subsections a) and c), where a Class A bicycle parking stall is located
within a bicycle locker, overhead clearance shall not be required.
e)Bicycle parking stalls shall abutanaccess aisle which shall be a minimum of 1.5
metres in width.
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 5-2.
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SECTION 5 Parking, Loading, and Stacking Page 6 of 22
Table 5-2: Regulations for Shower and Change Facilities
Required Number of Minimum total area of Shower Minimum number of
Class A Bicycle and Change FacilitiesShowers within Shower
Parking Stallsand Change Facilities
2
5-608m2showers
2
61-12012m4showers
2
121-18016m6showers
2
Greater than 18020m8showers
g)Despite Table 5-3 and/or Table 5-4,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.
5.5 MINIMUM 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,ataminimum of the rates specified
for the applicable zone(s) within Table 5-3.
b)Where the calculation of the total required parking spaces, visitor parking spaces,
electric vehicle parking spaces,or bicycle parking stalls results in a fraction, then
the requirement shall be the next higher whole number.
c)Aparking space shall not be used to store or display motor vehicles or major
recreational equipment for sale or rental.
d)All required visitor parking spaces shall be clearly identified, demarcated, and
reserved at all times.
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SECTION 5 Parking, Loading, and Stacking Page 7 of 22
Table 5-3:Regulations for Minimum Parking Requirements
UseMinimum RequiredRates forParking Spaces, Visitor Parking
Spaces,and Bicycle Parking Stalls Where Use is Permitted
UGC ZonesMIX Zones All Other Zones
RESIDENTIAL
Lodging HouseParking spaces:1per Parking spaces:1per Parking spaces:1per
222
125 mGFA63 mGFA63 mGFA
Multiple Parking spaces:0.8 Parking spaces:0.9 Parking spaces:1.0
Residential per dwelling unitper dwelling unitper dwelling unit
Buildings:
Visitor Parking Visitor Parking Visitor Parking
Cluster
Spaces:0 per dwelling Spaces:0.1 per Spaces:0.1 per
Townhouse
unitdwelling unitonly dwelling unitonly
Dwelling
where 5 or more where 5 or more
Dwelling Unit
dwelling unitsare on a dwelling unitsare on a
Multiple Dwelling
lotlot
Class A Bicycle Class A Bicycle Class A Bicycle
ParkingStalls:1 per ParkingStalls:0.5 per ParkingStalls:0.5 per
dwelling unitdwelling unitdwelling unit
Class B Bicycle Class B Bicycle Class B Bicycle
ParkingStalls:2, or 6 ParkingStalls:2, or 6 ParkingStalls:2, or 6
where more than 20 where more than 20 where more than 20
dwelling unitsare on a dwelling unitsare on a dwelling unitsare on a
lotlotlot
Residential Care Parking spaces:1 per Parking spaces:1 per Parking spaces:1 per
222
Facility, Large124 mGFA92 mGFA92 mGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
110 mGFA710 mGFA710 mGFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:2, or 6 Parking Stalls:2, or 6 Parking Stalls:2, or 6
222
if greater than 550 mif greater than 550 mif greater than 550 m
GFAGFAGFA
Residential Care Parking spaces:2per Parking spaces:2per
Facility, Smallfacilityfacility
Second Dwelling Parking spaces:1per Parking spaces:1per
Unitdwelling unitdwelling unit
Single-Detached Parking spaces:1per
Dwellingdwelling unit
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SECTION 5 Parking, Loading, and Stacking Page 8 of 22
UseMinimum RequiredRates forParking Spaces, Visitor Parking
Spaces,and Bicycle Parking Stalls Where Use is Permitted
UGC ZonesMIX Zones All Other Zones
NON-RESIDENTIAL
Agricultural:Parking spaces:0
Agriculture
Agriculture-
Related
On-Farm
Diversified
Automotive Detailing Parking spaces:3 per
and Repair
service bay
Operation
Class A Bicycle
Parking Stalls:1 per
2
1,500 mGFA
Class B Bicycle
Parking Stalls:1 per
2
3,000 mGFA
BrewpubParking spaces:1per Parking spaces:1per Parking spaces:1per
222
30mGFA20mGFA20mGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
250 mGFA250 mGFA250 mGFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:2Parking Stalls:2Parking Stalls:2
CampgroundParking spaces:1.1
per camp site
Car WashParking spaces:0,
provide stacking
spaces in accordance
withSection 5.12
CemeteryParking spaces:0Parking spaces:0Parking spaces:0
Commercial Parking spaces:1per Parking spaces:1per Parking spaces:1per
222
Entertainment77 mGFA40 mGFA40 mGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
500 mGFA500 mGFA500 mGFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
250 mGFA250 mGFA250 mGFA
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SECTION 5 Parking, Loading, and Stacking Page 9 of 22
UseMinimum RequiredRates forParking Spaces, Visitor Parking
Spaces,and Bicycle Parking Stalls Where Use is Permitted
UGC ZonesMIX Zones All Other Zones
Commercial Parking Parking spaces:0Parking spaces:0
Facility
Commercial Vehicle Parking spaces:1per
Wash Facility
bay
Day Care FacilityParking spaces:1per Parking spaces:1per Parking spaces:1per
222
125 mGFA40 mGFA30 mGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
333 mGFA500 mGFA500 mGFA
Drive-Through Parking spaces:0,
Facilityprovide stacking
spaces in accordance
withSection 5.12
Industrial Parking spaces:1per Parking spaces:1per Parking spaces:1per
222
Employment:
125 mGFA90 mGFA90 mGFA
Catering Service
Class A Bicycle Class A Bicycle Class A Bicycle
Establishment
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
Heavy Repair
222
1,000 mGFA1,500mGFA1,500 mGFA
Operation
Indoor Recycling
Class B Bicycle Class B Bicycle Class B Bicycle
Operation
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
Manufacturing
222
2,000 mGFA3,000 mGFA3,000 mGFA
Outdoor
Recycling
Operation
Printing or
Publishing
Establishment
Propane Facility
Restoration,
Janitorial or
Security Services
Tradesperson or
Contractor's
Establishment
Fitness CentreParking spaces:1per Parking spaces:1per Parking spaces:1per
222
77 mGFA30 mGFA20 mGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
500 mGFA1,000 mGFA1,000 mGFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
250 mGFA500 mGFA500 mGFA
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SECTION 5 Parking, Loading, and Stacking Page 10 of 22
UseMinimum RequiredRates forParking Spaces, Visitor Parking
Spaces,and Bicycle Parking Stalls Where Use is Permitted
UGC ZonesMIX Zones All Other Zones
Funeral HomeParking spaces:1per
2
23 mGFA
Gas StationParking spaces:0,
provide stacking
spaces in accordance
withSection 5.12
Golf CourseParking spaces:1per
2
23mGFA, plus 4 per
golf coursehole
Class A Bicycle
Parking Stalls:1 per
2
1,000 mGFA
Health ClinicParking spaces:1per Parking spaces:1per Parking spaces:1per
222
30 mGFA19 mGFA19 mGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
500 mGFA1,000 mGFA1,000 mGFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
167 mGFA333 mGFA333 mGFA
Home Occupation Parking spaces:1plusParking spaces:1 plus Parking spaces:1plus
any parking spacesany parking spacesany parking spaces
required for the required for the required for the
dwelling unit2(1)dwelling unit(1)dwelling unit(1)
HospiceParking spaces:1per Parking spaces:1per Parking spaces:1per
bedbedbed
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
125 mGFA500 mGFA500 mGFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
167 mGFA667 mGFA667 mGFA
Additional Regulations for Home Occupation Table 5-3
(1)0parking spaces are required for a home occupation use that is an office or indirect
sales, orfor a home occupation within asingle detached dwelling with a second dwelling
unit orsecondary dwelling unit, semi-detached dwelling with a second dwelling unit or
secondary dwelling unit, street townhouse dwelling, cluster townhouse dwelling, or
multiple dwelling.
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SECTION 5 Parking, Loading, and Stacking Page 11 of 22
UseMinimum RequiredRates forParking Spaces, Visitor Parking
Spaces,and Bicycle Parking Stalls Where Use is Permitted
UGC ZonesMIX Zones All Other Zones
HospitalParking spaces:1per Parking spaces:1per
22
90mGFA70mGFA
Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per
22
750 mGFA1,000 mGFA
Class B Bicycle Class B Bicycle
Parking Stalls:1 per Parking Stalls:1 per
22
1,500 mGFA2,000 mGFA
HotelParking spaces:0.7Parking spaces:1per Parking spaces:1per
per guest roomguest roomguest room
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
30 guest rooms40 guest rooms40 guest rooms
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:2, or 6 Parking Stalls:2, or 6 Parking Stalls:2, or 6
if greater than 75 if greater than 75 if greater than 75
guest roomsguest roomsguest rooms
IndustrialStorage Parking spaces:the
and Transport:greater of 1per 1,500
2
mGFA, or 2
Bulk Fuel and Oil
Storage
Class A Bicycle
Establishment
Parking Stalls:1 per
Salvage or Scrap
2
1,500 mGFA
Yard
Towing
Class B Bicycle
Compound
Parking Stalls:1 per
Transportation
2
3,000 mGFA
Facility
Truck Transport
Terminal
Warehouse
Light Repair Parking spaces:1per Parking spaces:1per Parking spaces:1per
222
Operation
125 mGFA90 mGFA90 mGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
1,000 mGFA1,500 mGFA1,500 mGFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
2,000 mGFA3,000 mGFA3,000 mGFA
Natural Heritage Parking spaces:0
Conservation
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SECTION 5 Parking, Loading, and Stacking Page 12 of 22
UseMinimum RequiredRates forParking Spaces, Visitor Parking
Spaces,and Bicycle Parking Stalls Where Use is Permitted
UGC ZonesMIX Zones All Other Zones
Night ClubParking spaces:0
Class A Bicycle
Parking Stalls:1 per
2
100 mGFA
Class B Bicycle
Parking Stalls:2 per
night club
Office and Office-Parking spaces:1 per Parking spaces:1per Parking spaces:1per
222
Related:50mGFA33 mGFA33 mGFA
Biotechnological
Class A Bicycle Class A Bicycle Class A Bicycle
Establishment
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
Computer,
222
333 mGFA500 mGFA500 mGFA
Electronic,Data
Processing, or
ClassB Bicycle Class B Bicycle Class B Bicycle
Server
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
Establishment
222
500 mGFA750 mGFA750 mGFA
Industrial
Administrative
Office
Office
Research and
Development
Establishment
Social Service
Establishment
Outdoor Active Parking spaces:2 per
Recreationcourt,plus 20 per
playing field
Class B Bicycle
Parking Stalls:1 per
court plus 6 per
playing field
Outdoor Passive Parking spaces:0
Recreation
Place of Assembly Parking spaces:1per Parking spaces:1per Parking spaces:1per
222
and Community:
100 mGFA23 mGFA23 mGFA
Community
Class A Bicycle Class A Bicycle Class A Bicycle
Facility
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
Conference,
222
500 mGFA1000 mGFA1,000 mGFA
Convention, or
ExhibitionFacility
Class B Bicycle Class B Bicycle Class B Bicycle
Cultural Facility
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
250 mGFA500 mGFA500 mGFA
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SECTION 5 Parking, Loading, and Stacking Page 13 of 22
UseMinimum RequiredRates forParking Spaces, Visitor Parking
Spaces,and Bicycle Parking Stalls Where Use is Permitted
UGC ZonesMIX Zones All Other Zones
Place of WorshipParking spaces:1per Parking spaces:1per Parking spaces:1per
222
40 mGFA23 mGFA23 mGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
500 mGFA1,000 mGFA1,000 mGFA
Class B Bicycle Class B Bicycle Class B Bicycle
ParkingStalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
250 mGFA500 mGFA500 mGFA
RestaurantParking spaces:1per Parking spaces:1per Parking spaces:1per
222
19 mGFA7.5 mGFA, or for a7.5 mGFA, or for a
restaurantwithin a restaurantwithin a
mixed use building, mixed use building,
mixed use mixed use
development, multi-development, multi-
unit building,ormulti-unit building,ormulti-
unit development,aunit developmenta
22
rate of 1 per 19 mrate of 1 per 19 m
GFA shall apply to the GFA shall apply to the
22
first 750 moffirst 750 mof
restaurant,anda rate restaurant,and a rate
22
of 1 per 7.5 mshallof 1 per7.5 mshall
apply thereafter.apply thereafter.
Class A Bicycle Class A Bicycle ClassA Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
100 mGFA250 mGFA250 mGFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:2 per Parking Stalls:2 per Parking Stalls:2 per
restaurantrestaurantrestaurant
School,ElementaryParking spaces:1per
2
100 mGFAincluding
portables
Class A Bicycle
Parking Stalls:1 per
2
1,000 mGFA
Class B Bicycle
Parking Stalls:1 per
2
100 mGFA
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SECTION 5 Parking, Loading, and Stacking Page 14 of 22
UseMinimum RequiredRates forParking Spaces, Visitor Parking
Spaces,and Bicycle Parking Stalls Where Use is Permitted
UGC ZonesMIX Zones All Other Zones
School,Post-Parking spaces:1per Parking spaces:1per
22
Secondary
170 mGFA77 mGFA
Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per
22
50 mGFA50 mGFA
Class B Bicycle Class B Bicycle
Parking Stalls:the Parking Stalls:the
22
greater of 1 per 50 mgreater of 1 per 50 m
GFA, or 3 GFA, or 3
School,SecondaryParking spaces:1per Parking spaces:1per
22
166 mGFA,plus 2120 mGFAincluding
per portableportables
Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per
22
500 mGFA1,000 mGFA
Class B Bicycle
Class B Bicycle Parking Stalls:1 per
2
Parking Stalls:1 per 100 mGFA
2
100 mGFA
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SECTION 5 Parking, Loading, and Stacking Page 15 of 22
UseMinimum RequiredRates forParking Spaces, Visitor Parking
Spaces,and Bicycle Parking Stalls Where Use is Permitted
UGC ZonesMIX Zones All Other Zones
Services and Parking spaces:1per Parking spaces:1per Parking spaces:1per
222
Retail:
95 mGFA40 mGFA33mGFA
Animal Shelter
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
Establishment
222
500 mGFA1,000 mGFA1,000 mGFA
Building Material
and Decorating
Class B Bicycle Class B Bicycle Class B Bicycle
Supply
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
Establishment
222
167 mGFA333 mGFA333 mGFA
Convenience
Retail
Craftsperson
Shop
Financial
Establishment
Garden Centre,
Nursery, and/or
Landscaping
Supply
Large
Merchandise
Retail
Major Equipment
Supply and
Service
Pawn
Establishment
Payday Loan
Establishment
Personal
Services
Pet Boarding
Pet Services
Establishment
Print Shop
Propane Retail
Outlet
Retail
Retail of Motor
Vehicles and
Major
Recreational
Equipment
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SECTION 5 Parking, Loading, and Stacking Page 16 of 22
UseMinimum RequiredRates forParking Spaces, Visitor Parking
Spaces,and Bicycle Parking Stalls Where Use is Permitted
UGC ZonesMIX Zones All Other Zones
Training:Parking spaces:1per Parking spaces:1per Parking spaces:1per
222
55 mGFA40 mGFA40 mGFA
Adult Education
School
Class A Bicycle Class A Bicycle Class A Bicycle
Commercial
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
Driver and
222
500 mGFA1,000 mGFA1,000 mGFA
Training
Establishment
Class B Bicycle Class B Bicycle Class B Bicycle
Commercial
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
School
222
167 mGFA333 mGFA333 mGFA
Transportation Parking spaces:1per
2
Depot40mGFA, exclusive
of any parkingfor fleet
vehicles
Class A Bicycle
Parking Stalls:1 per
2
1,500 mGFA
Class B Bicycle
Parking Stalls:1 per
2
3,000 mGFA
Veterinary ServicesParking spaces:1per Parking spaces:1per Parking spaces:1per
222
69 mGFA40mGFA40mGFA
Class A Bicycle Class A Bicycle Class A Bicycle
Parking Stalls:1 per Parking Stalls:1 per Parking Stalls:1 per
222
500 mGFA1,000 mGFA1,000 mGFA
OTHER USES
All otheruses not Parking spaces:1per Parking spaces:1per Parking spaces:1per
222
otherwise listed55mGFA40 mGFA40 mGFA
Class B Bicycle Class B Bicycle Class B Bicycle
Parking Stalls:10% of Parking Stalls:Parking Stalls:10% of
total required parking total required parking
10% of total required
spacesparking spacesspaces
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SECTION 5 Parking, Loading, and Stacking Page 17 of 22
5.6 PARKING EXEMPTIONS FOR UGC ZONES
a)In a UGC-1, UGC-3, or UGC-4zone, an exemption from the parking spaces
required in Table 5-3 may apply up to the first 4,000 square metres ofgross floor
area of buildings on a lot for non-residential uses, and up to the first 100 dwelling
units for residential uses.
b)In a UGC-2zone, an exemption from the parking spaces required in Table 5-3
may apply to the first 930 square metres of gross floor area of buildings on a lot
for non-residential uses.
5.7 MAXIMUM PARKING SPACE PROVISIONS
a)The number of parking spaces including visitor parking spaces provided for a use
on a lot, other than those for asingle detached dwelling or commercial parking
facility, shall not exceed 130 percent of those required in Table 5-3.
b)Despite Subsection a) where a lot is located within a UGC zone, the number of
parking spaces for a use on that lot, other than those for acommercial parking
facility, shall not exceed 120 percent of those required in Table 5-3.
c)Despite Subsections a) and b), where Table 5-3 specifies 0 parking spaces are
required for ause, the number of parking spaces including visitor parking spaces
shall not exceed 1 per 55 square metres of gross floor area for non-residential
uses, and 1.1 per dwelling unit for residential uses. Any parking spaces required
for the remainder of a building shall comply with Subsections a) and b).
d)Despite Subsections a) through c), on a lot with existing parking spaces that
exceed the maximum number of parking spaces permitted through Subsections
a)through c), the number of existing parking spaces shall be maximum number
of parking spaces.
e)Despite Section 5.1 herein,parking spaces exceeding the maximum number of
parking spaces permitted through Subsections a) through d) shall not be
permitted to locate on another lot that is subject to an off-site parking agreement.
5.8 SHARED PARKING SPACE REDUCTIONS
a)Where two or more uses listed in Table 5-4 are permitted and located on the
samelot,parking spaces may be shared between uses.
b)The number of parking spaces required for the lot under Subsection a) shall be
calculated as follows:
i)multiply the number of parking spaces required for a use in Table 5-3 by
the percentages in Table 5-4 for that use in each of the 8time periods;
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SECTION 5 Parking, Loading, and Stacking Page 18 of 22
ii) repeat (i) for each use on the lot that is listed in Table 5-4;
iii) for each time period, add the parking space calculations derived through
Subsections i) and ii) to arrive at the total number of parking spaces for
each time period; and,
iv) the largest total number of parking spaces in any time period shall be the
number of parking spaces required for the proposed uses listed in Table
5-4.
c) Only permitted uses listed in Table 5-4 shall be eligible for a reduced shared
parking rate; the total parking space requirement for all other uses on the lot shall
be the aggregate sum of the requirements for each individual use at the rates in
Table 5-3.
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SECTION 5 Parking, Loading, and Stacking Page 19 of 22
Table 5-4:Regulations for Shared Parking Space Reductions (1)
UsePercentage of Peak Time Period
MorningNoonAfternoonEvening
Time of WeekWeekWeek WeekWeek WeekWeek WeekWeek
EndEndEndEnd
Day Care Facility
100%10%90%10%95%10%10%10%
Health Clinic
Office
Veterinary Services
Financial Establishment
70%90%75%90%100%90%80%20%
50%50%50%75%70%100%75%10%
Craftsperson Shop
Light Repair Operation
Personal Services
Pet Boarding
Pet Services Establishment
Print Shop
Retail
Brewpub
25%20%65%90%25%50%100%100%
Fitness Centre
Commercial Entertainment
Restaurant
Place of Worship
25%100%25%100%25%100%50%100%
Hotel
50%70%25%25%25%25%65%50%
Conference,Convention,
95%95%100%95%90%90%95%95%
or ExhibitionFacility
Dwelling Unit
90%90%65%65%90%90%100%100%
Cluster Townhouse
Dwelling
Multiple Dwelling (Resident
Parking Spaces)
Dwelling Unit
20%20%20%20%50%60%100%100%
Cluster Townhouse
Dwelling
Multiple Dwelling (Visitor
Parking Spaces)
Total number of parking
spacesfor each time period
Additional Regulations for Shared Parking Space Reductions Table 5-4
(1) Allparking spaces shall be shared between uses and unassigned.
5.9 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.
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SECTION 5 Parking, Loading, and Stacking Page 20 of 22
b) Where parking spaces required for non-residential uses are not located within a
building,aminimum of 20 percent of the parking spaces shall be electric vehicle
parking spaces.
c) All required electric vehicle parking spaces shall be clearly identified and
demarcated.
d) Subsections a) through c) shall only be required for buildings or portions of
buildings that were not existing on the date of passage of this By-law.
5.10 BARRIER-FREE ACCESSIBLE PARKING SPACE PROVISIONS
a) Type A barrier-free accessibleparking spacesmust be a minimum of 3.4 metres
in width and a minimum of 5.5 metres in length.
b)Type B barrier-free accessibleparking spacesmust be a minimum of 2.4 metres
in width and a minimum of 5.5 metres in length.
c) Where one barrier-free accessibleparking spaceis required, it shall be a Type A
barrier-free accessibleparking space.
d)Where an even number of barrier-free accessibleparking spacesare required,
an equal number of Type A and Type B barrier-free accessible parking spaces
shall be provided.
e)Where an odd number of barrier-free accessibleparking spacesare required, an
equal number of Type A and Type B barrier-free accessible parking spacesshall
be provided, where the additional parking spacemay be a Type B barrier-free
accessibleparking space.
f)Access aislesshall be provided for all barrier-free accessible parking spaces,
maybe shared betweentwo spaces,and shall meet the following requirements:
i) theaccess aisles shall be a minimum of 1.5 metres in width;
ii) theaccess aisle shall extend the full length of the parking space; and,
iii) the access aisles shall be marked with high tonal contrast diagonal lines,
which discourage parking in them, where the surface is asphalt, concrete or
some other dust-free hard surface.
g)Barrier-free accessibleparking spaces shall be provided in accordance with
Table 5-5, rounding up to the nearest whole number:
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SECTION 5 Parking, Loading, and Stacking Page 21 of 22
Table 5-5:Regulations for Barrier-Free Accessible Parking Space Requirements
Number of Parking Spaces Number of Barrier-free Accessible Parking
RequiredSpaces Required
1-121 of total required parking spaces
13-1004% of total required parking spaces
101-2001, plus3% of total required parking spaces
201-10002, plus2% of total required parking spaces
1000 +11, plus1% total required parking spaces
h) 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.
i) Despite Subsections c) through h), barrier free accessible parking spaces are not
required on a lot with only 4or fewer dwelling units.
5.11 LOADING SPACE PROVISIONS
Where one or more loading spaces are provided, the following shall apply:
a)loading space shall not be permitted within 6 metres of a street line; and,
b)loading spacesshall not be permittedwithin 7.5 metres of an abutting residential
zoneunless the loading spacesare located entirely within a building.
5.12 STACKING PROVISIONS
a)Stacking lanes shall not be located within 3metres of astreet line.
b)Stacking lanesfor a drive-through facilityshall not be located within a front yardor
exterior side yard.
c) Despite Subsection b), on a corner lot,stacking lanes for a drive through facility
may locate in either a front yard, or exterior side yard, but not both.
d) Entrance ways to stacking lanes shall be separated a minimum travelled distance
of 16.5 metres from the closest driveway, measured from the centre point of the
closest driveway at the lot line along the route travelled to the last required
stacking space in the stacking lane.
e)Astacking space shall be a minimum of 2.6 metres in width and a minimum of
6.5 metres in length.
f)Astacking space shall lead both to and from a fueling area, service window,
kiosk, or booth in accordance with Table 5-6.
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SECTION 5 Parking, Loading, and Stacking Page 22 of 22
Table 5-6: Regulations for Stacking Space Requirements
UseMinimum Number of Stacking Spaces
Car Wash(automatic)10
Car Wash(self service)2 per washing bay
Financial Establishment3
Gas Station2 per fueling area
Restaurant13
Retail3
5.13 EQUIPMENT AND VEHICLE STORAGE PROVISIONS
Reserved.
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SECTION 6 Urban Growth Centre (UGC) Zones Page 1 of 5
SECTION 6 Urban Growth Centre (UGC) Zones
The Urban Growth Centre zones apply to lands designated City Centre District, Civic
District, Innovation District and Market District, in the Official Plan
downtown.
6.1 APPLICABLE ZONES
UGC-1: City Centre District the purpose of this zone is to be a significant location for
pedestrian-oriented retail, commercial, and entertainment uses. This zone also provides
for residential uses in multiple dwellings andmixed use buildings, along with large-scale
office and institutional uses.
UGC-2: Civic District the purpose of this zone is to accommodate cultural,
entertainment, andofficeuses in a civic setting. This zone also provides for residential
uses in multiple dwellings andmixed use buildings, institutional uses, and
complementary commercial uses.
UGC-3: Innovation District the primary purpose of this zone is to accommodate high-
tech, research, and health science-related uses, along with post-secondary and other
institutional uses. This zone also provides for supporting commercial uses and
residential uses in multiple dwellings andmixed use buildings.
UGC-4: Market District the purpose of this zone is to accommodate a range of uses in
a distinctive, market-like setting.
6.2 PERMITTED USES
No person shall, within anyUGC 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 Urban Growth Centre Zones
UseUGC-1UGC-2UGC-3UGC-4
Adult EducationSchool
Biotechnological Establishment
(1)
Brewpub
Commercial Entertainment
(2)(1)(2)
Commercial Parking Facility
CommercialSchool
Community Facility
Conference, Convention,or Exhibition
Facility
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SECTION 6 Urban Growth Centre (UGC) Zones Page 2 of 5
UseUGC-1UGC-2UGC-3UGC-4
Craftsperson Shop(2)(1)(2)
Cultural Facility
(1)
Day Care Facility
(3)(4)(3)(4)(3)(3)
Dwelling Unit
(1)
Financial Establishment
(2)(1)(2)
Fitness Centre
Health Clinic
Hospice
Hospital
(1)(5)
Hotel
Large Residential Care Facility
Light Repair Operation
(2)(2)
Lodging House
(6)(6)(6)
Multiple Dwelling
Night Club
(2)
(7)
Office
Pawn Establishment(2)(2)
(2)(2)
Payday Loan Establishment
(1)
Personal Services
(2)(1)(2)
Pet Services Establishment
Place of Worship
(2)(2)
Post-SecondarySchool
(1)
Print Shop
(2)
Printing or Publishing Establishment
Research and Development Establishment
Restaurant(1)
(1)
Retail (8)
SecondarySchool
Social Service Establishment
Veterinary Services
Additional Regulations for Permitted Uses Table 6-1
(1) Shall be located within a multi-unit building or a mixed use building containing at least
one permitted use listed in Table 6-1 not subject to this regulation.
(2) For any lot or building with frontage or access to King Street East/West, no more
than one of each of the uses to which this regulation applies shall be permitted per
block on the ground floor facing King Street East/West. For the purposes of this
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SECTION 6 Urban Growth Centre (UGC) Zones Page 3 of 5
regulation, a block means land on one side of a public street between two public
streets. A block may be bisected by a lane or walkway. This regulation does not
apply to uses within existingbuildings orlots.
(3) Shall be located within a mixed use building, and except for access, shall not be
located on the ground floor.
(4) Shall contain a minimum of three dwelling units.
(5) Shall be located within an existingbuilding.
(6) Dwelling units shall not be permitted on the ground floor of a building fronting King
Street East/West, except for access.
(7) For a lot with frontage on King Street East/West,the ground floor of a building
abutting King Street East/Westshall have one or more permitted uses other than
office that abuts the entire King Street façade, except for access.
(8) Shall be located within a multi-unit building or a mixed use building. Afree-standing
retail outlet shall only be located within an existingbuilding. Retail uses shall be
permitted to a maximum gross floor area of 42,000 square metres.
6.3 REGULATIONS
The regulations for lots in anUGC zone are set out in Table 6-2 below.
Table 6-2: Regulations for Urban Growth Centre Zones
RegulationUGC-1(1)UGC-2(1)UGC-3(1)UGC-4(1)
Minimum lotwidth(2)15m
Minimum front yard setbackand
(3)3m(3)(4)(3)
minimum exterior side yard setback
Maximum front yard setbackand
2m(3)4m (2)(3)3m(3)
maximumexterior side yardsetback
Minimum interior side yard setback2m (5)2m2m (5)2m (5)
Minimum rear yard setback4.5m4.5m
Minimum yard setbackabutting a lane
2m2m
(6)
Minimum floor space ratio111
Maximum floor space ratio3333
Maximum floor space ratiousing
bonus values in accordance with (7)
868
Section 4.3 (Bonusing)
Minimum number of storeys for a low-
2storeys2storeys2storeys2storeys
rise building
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SECTION 6 Urban Growth Centre (UGC) Zones Page 4 of 5
RegulationUGC-1(1)UGC-2(1)UGC-3(1)UGC-4(1)
Minimum number of storeysin the
base of amid-rise buildingor tall 3storeys3storeys3storeys3storeys
building
Maximum number of storeys in the
base of a mid-rise buildingor tall 5storeys5storeys6storeys5storeys
building
Minimum stepbackfor mid-rise
3m3m3m3m
buildingsandtall buildings
Minimum ground floor façadewidth as
a percent of the width of the street line90%70%90%
(8)
Minimum percent of the ground floor
70%70%70%70%
façadeopenings
Maximum distance between ground
4m4m4m4m
floorfaçade openings
Additional Regulations for Zone Regulations Table 6-2
(1) The regulations within Table 6-2 shall not apply to existing buildings.
(2) Despite Section 4.7 of this By-law, a lot may have frontage on a lane.
(3) Despite the front yard, exterior side yard, and rear yard setbacks in Table 6-2, the
entire façade of any ground floor abutting King Street East/West, except for recessed
entrances, shall be located in accordance with the following:
Distance from the King Street East/West street line:
Zone
MinimumMaximum
UGC-10 m2 m
UGC-30 m4 m
UGC-40 m3 m
(4) Despite the front yard,exterior side yard, and rear yard setbacks in Table 6-2, the
entire façade of anyground floor abutting Victoria Street North/South,except for
recessed entrances, shall be located a minimum of 2 metres and a maximum of 4
metres from the Victoria Street North/South street line.
(5) The minimum interior side yard setback for alot with frontage on King Street
East/West, Queen Street North/South, Ontario Street North/South, or Charles Street
East/ West shall be 0 metres.
(6) Shall not apply to portions of buildings that are greater than 6 metres above grade.
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SECTION 6 Urban Growth Centre (UGC) Zones Page 5 of 5
(7) Lots zoned UGC-4 are not eligible for Bonusing.
(8) Shall only apply for lots with frontage on King Street East/West.
6.4 OUTDOOR STORAGE
No outdoor storage shall be permitted. This shall not however prevent the display of
goods or materials for retail purposes.
6.5 LOCATION OF PARKING SPACES AND LOADING SPACES
Parking spacesand/or loading spaces shall not locate in a front yard orexterior side
yard.
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SECTION 7 Residential (RES) Zones Page 1 of 1
SECTION 7 Residential (RES) Zones
Reserved.
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SECTION 8 Mixed-Use (MIX) Zones Page 1 of 4
SECTION 8 Mixed Use (MIX) Zones
The Mixed Use zones apply to lands designated Mixed Use in the Official Plan.
8.1 APPLICABLE ZONES
MIX-1: Mixed Use One the purpose of this zone is to accommodate a variety of uses
within mixed use buildingsandmixed use developments at a low density and scale in
Neighbourhood Nodes and certain other areas that are adjacent to properties zoned for
low density residential uses.
MIX-2: Mixed Use Two the purpose of this zone is to accommodate a variety of uses
within mixed use buildingsandmixed use developments at a medium density on certain
lands within the Urban Growth Centre, Major Transit Station Areas, and Urban Corridors.
MIX-3: Mixed Use Three the purpose of this zone is to accommodate a variety of uses
within mixed use buildingsandmixed use developments at a medium density within
Community Nodes and City Nodes.
8.2 PERMITTED USES
No person shall, within any MIX 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 8-1 below.
Table 8-1: Permitted Uses within the Mixed Use Zones
UseMIX-1MIX-2MIX-3
Adult Education School
Brewpub
Cluster Townhouse Dwelling(1)
Commercial Entertainment
CommercialSchool
Craftsperson Shop
Cultural Facility
Day Care Facility
Dwelling Unit (2)
Financial Establishment
Fitness Centre
Health Clinic
Hospice
Hotel
(2)(2)
Large Residential Care Facility
Light Repair Operation
Lodging House
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SECTION 8 Mixed-Use (MIX) Zones Page 2 of 4
UseMIX-1MIX-2MIX-3
Multiple Dwelling(2)(1)
(3)(3)(4)
Office
Payday Loan Establishment
Personal Services
Pet Services Establishment
Place of Worship
Post-Secondary School
Print Shop
Restaurant
(5)(6)(7)
Retail
Secondary School(8)
Small Residential Care Facility
Social Service Establishment
Veterinary Services
Additional Regulations for Permitted Uses Table 8-1
(1) Acluster townhouse dwelling and a multiple dwelling are only permitted on a lot
containing a non-residential use. A cluster townhouse dwelling and a multiple
dwelling are not permitted in a building fronting a street.
(2) Shall be located within a mixed use building, and except for access, shall not be
located on the ground floor of a building fronting a street.
(3) A total maximum gross floor area of 5,000 square metres is permitted.
(4) A total maximum gross floor area of 10,000 square metres is permitted.
(5) A maximum gross floor area of 3,500 square metres is permitted for each individual
freestanding retail outlet to a total maximum gross floor area of 5,000 square metres.
(6) A maximum gross floor area of 2,500 square metres is permitted for each individual
freestanding retail outlet to a total maximum gross floor area of 5,000 square metres.
Afood store is only permitted within a mixed use development to a maximum gross
floor area of 5,000 square metres.
(7) A maximum gross floor area of 5,000 square metres is permitted for each
freestanding retail outlet. A food store is permitted within a freestanding retail outlet
or within a mixed use development to a maximum gross floor area of 10,000 square
metres.
(8) A total maximum gross floor area of 6,000 square metres is permitted.
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SECTION 8 Mixed-Use (MIX) Zones Page 3 of 4
8.3 REGULATIONS
The regulations for lots in a MIX zone are set out in Table 8-2 below.
Table 8-2: Regulations for Mixed Use Zones
RegulationMIX-1(1)MIX-2MIX-3
Minimum lotwidth15m15m15m
Minimum front yardsetback1.5m1.5m1.5m
Minimum exterior side yardsetback1.5m1.5m1.5m
Minimum rear yardsetback7.5m7.5m7.5m
Minimum interior side yard setback2m2m4m
Minimum yard setbackabutting a
7.5m7.5m7.5m
residential zone
Minimum building height7.5m11m11m
Maximum building height14m24m32m
Maximum number of storeys4storeys8storeys10storeys
Minimum number of storeysin the
baseof a mid-rise building or tall 3storeys3storeys
building
Maximum number of storeysin the
baseof a mid-rise building or tall 6storeys6storeys
building
Minimum stepbackfor mid-rise
3m3m
buildingsandtall buildings
Minimum floor space ratio0.60.60.6
Maximum floor space ratio122
Maximum total non-residential gross
floor areawithin a multi-unit building,
222
7,500m7,500m10,000m
multi-unit development,mixed-use
building,ormixed-use development.
Minimum percent of non-residential
20%
gross floor area
Minimum percent of residential gross
20%
floor area
Minimumground floor façadewidth as
a percent of the width of the abutting
50%50%(2)50%
street line
Minimum percent ofground floor
50%50%(2)70%
façadeopenings
Maximum distance betweenground
4m4m(2)4m
floorfaçade openings
Minimum landscaped area15%15%15%
Additional Regulations for Zone Regulations Table 8-2
(1) The regulations within Table 8-2 shall not apply toexisting buildings.
(2) Shall not apply to existing buildings.
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SECTION 8 Mixed-Use (MIX) Zones Page 4 of 4
8.4 VISUAL BARRIER
Where a lotzoned MIX abuts a residentialzone, a visual barrier shall be provided along
the abutting lot linein accordance with Section 4.17 of this By-law.
8.5 OUTDOOR STORAGE
No outdoor storage shall be permitted in any yard abutting a street, or within 7.5 metres
of a residential zone. This shall not however prevent the display of goods or materials for
retail purposes.
8.6 LOCATION OF PARKING SPACES AND LOADING SPACES
Parking spaces and/or loading spaces shall not locate in a yard abutting a street.
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SECTION 9 Commercial (COM) Zones Page 1 of 4
SECTION 9 Commercial (COM) Zones
The Commercial zones apply to lands designated Commercial and Commercial Campus
in the Official Plan as well as certain lands designated Residential.
9.1 APPLICABLE ZONES
COM-1: Local Commercial the purpose of this zone is to accommodate
complementary commercial uses within residential neighbourhoods in Community
Areas.
COM-2: General Commercial the purpose of this zone is to accommodate retail and
commercial uses; and Community and City Nodes.
COM-3: Arterial Commercial the purpose of this zone is to accommodate the retailing
of bulky, space intensive goods; and service commercial uses predominately serving the
travelling public within Arterial Corridors.
COM-4: Commercial Campus the purpose of this zone is to accommodate a range of
retail and commercial uses functioning as a unit within comprehensively planned
campuses within City Nodes.
9.2 PERMITTED USES
No person shall, within any COM 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 9-1 below.
Table 9-1: Permitted Uses within the Commercial Zones
UseCOM-1COM-2COM-3COM-4
Amusement Park(1)(1)(1)
(2)
Automotive Detailing and Repair
Operation
(2)
Brewpub
Car Wash
(2)
Catering Service Establishment
Commercial Entertainment
Commercial Parking Facility
Commercial School
Conference, Convention,or Exhibition
Facility
(2)
ConvenienceRetail
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SECTION 9 Commercial (COM) Zones Page 2 of 4
UseCOM-1COM-2COM-3COM-4
(2)
Craftsperson Shop
(2)
Day Care Facility
Drive-Through Facility
(3)(3)(4)
Dwelling Unit
(2)
Financial Establishment
(2)
Fitness Centre
Funeral Home
(2)
Gas Station
(2)
Health Clinic
(5)
Heavy Repair Operation
Hotel
Large Merchandise Retail
(5)
Light Repair Operation
Manufacturing (6)
(2)(7)(7)(7)
Office
Pawn Establishment
Payday Loan Establishment
Personal Services(2)
Pet Services Establishment
Place of Worship
Print Shop
(2)
Propane Retail Outlet
(2)(8)
Restaurant
(9)
Retail
Retail of Motor Vehicles and Major
Recreational Equipment
Towing Compound
Establishment
Transportation Depot(10)
Veterinary Services
Warehouse(5)(10)
Additional Regulations for Permitted Uses Table 9-1
(1) Shall not be permitted on a lot abutting a residentialzone.
(2) A maximum gross floor area of 300 square metres per unit is permitted.
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SECTION 9 Commercial (COM) Zones Page 3 of 4
(3) Shall be located within a mixed use building containing at least one other permitted
use listed in Table 9-1, and except for access, shall not be located on the ground
floor.
(4) The maximum floor space ratio for dwelling units shall be 2.
(5) Despite Section 4.2, retail uses are permitted as accessory uses and shall be located
on the same premises as the principal use to a maximum of 25 percent of the gross
floor area of the building.
(6) Only existingmanufacturing shall be permitted.
(7) Atotal maximum gross floor area of 10,000 square metres of office is permitted on a
lot.
(8) Shall be located in a multi-unit building ormixed use building containing at least one
other non-residential use that is not a restaurant.
(9) Individual retail outlets shall have a minimum gross floor area of 1,500 square
metres.
(10) Shall not include a noxious use.
9.3 REGULATIONS
The regulations for lots in a COM zone are set out in Table 9-2 below.
Table 9-2: Commercial Zones Regulations
RegulationCOM-1COM-2COM-3COM-4
Minimum lotwidth15m15m15m30m
Minimum front yard setback3m3m6m6m
Minimum exterior side yard setback3m3m6m6m
Minimum interior side yard setback
1.5m7.5m7.5m7.5m
abutting a residential zone
Minimum interior side yard setback
abutting a lot with a zoneother than 1.5m3m3m3m
aresidential zone
Minimum rear yard setback7.5m7.5m7.5m7.5m
Minimum rear yard or side yard
setbackfor a non-residential use
1.5m1.5m1.5m1.5m
abutting a rail right-of-way ora
hydro corridor
Maximum building height11m15m
Maximum floor space ratio0.6
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SECTION 9 Commercial (COM) Zones Page 4 of 4
RegulationCOM-1COM-2COM-3COM-4
Minimum landscaped area15%20%20%20%
Maximum total non-residential gross
42,000
222
floor areawithin amulti-unit building 10,000m10,000m10,000m
2
m
ormulti-unit development
9.4 VISUAL BARRIER
Where a lot zoned COM abuts a residential zone, a visual barrier shall be provided along
the abutting lot line in accordance with Section 4.17of this By-law.
9.5 OUTDOOR STORAGE
No outdoor storage shall be permitted in anyyard abutting a street, or within 7.5 metres
of aresidential zone. This shall not however prevent the display of goods or materials for
retail purposes.
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SECTION 10 Employment (EMP) Zones Page 1 of 4
SECTION 10 Employment (EMP) Zones
The Employment zones apply to lands designated General Industrial Employment,
Heavy Industrial Employment, and Business Park Employment in the Official Plan
10.1 APPLICABLE ZONES
EMP-1: Neighbourhood Industrial Employment the purpose of this zone is to
accommodate a limited range of industrial uses on lands located within neighbourhoods
and/or Major Transit Station Areas.
EMP-2: General Industrial Employment the purpose of this zone is to accommodate a
broad range of industrial uses that are not noxious uses.
EMP-3: Heavy Industrial Employment the purpose of this zone is to accommodate
industrial uses, including noxious uses, on lands that are separated from sensitive land
uses. This zone also accommodates uses that require larger tracts of land for large
buildings, materials, and/or products.
EMP-4: Service Business Park Employment the purpose of this zone is to
accommodate industrial uses and limited complimentary uses that support adjacent
employment lands. EMP-4zoned lands are located within 450 metres of existing or
planned transit corridors.
EMP-5: General Business Park Employment the purpose of this zone is to
accommodate a limited range of industrial employment uses on lands that are generally
located adjacent to EMP-2 and EMP-3 lands to provide a transition from noxioususes.
10.2 PERMITTED USES
No person shall, within anyEMP 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 10-1 below.
Table 10-1: Permitted Uses within the Employment Zones
UseEMP-1EMP-2EMP-3EMP-4EMP-5
Adult Sex Film Theatre (1)
Automotive Detailing and Repair
Operation (2)
Biotechnological Establishment
Building Material and Decorating
Supply Establishment
Bulk Fuel and Oil Storage
Establishment
Car Wash (3)
Catering Service Establishment
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SECTION 10 Employment (EMP) Zones Page 2 of 4
UseEMP-1EMP-2EMP-3EMP-4EMP-5
Commercial Driver and Training
Establishment
Commercial Vehicle Wash Facility
Computer, Electronic,Data
Processing, or Server
Establishment
Craftsperson Shop
Day Care Facility (3)
Drive-Through Facility
ExistingResidential Uses
Financial Establishment(3)
Fitness Centre (3)
Garden Centre, Nursery, and/or
Landscaping Supply
Gas Station
Health Clinic (3)
Heavy Repair Operation (2)(4)(4)(4)
Indoor Recycling Operation
Industrial Administrative Office
Major Equipment Supply and
Service
Manufacturing(2)(4)(5)(4)(5)(5)(5)
Office(6)
Outdoor Recycling Operation
Personal Services (3)
Pet Boarding (3)
Pet Services Establishment(3)
Print Shop (3)
Printing or Publishing
Establishment
Propane Facility
Propane Retail Outlet
Research and Development
Establishment
Restaurant (3)
Restoration, Janitorial,or Security
(4)
Services
Salvage or Scrap Yard
Towing Compound
Tradesperson or Contractor's
(4)(4)(4)
Establishment
Truck Transport Terminal(4)(5)(4)(5)(5)
Veterinary Services (3)
Warehouse(4)(5)(4)(5)(5)(5)
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SECTION 10 Employment (EMP) Zones Page 3 of 4
Additional Regulations for Permitted Uses Table 10-1
(1) No building shall be used for an Adult Sex Film Theatre on a lot that is situated within
300 metres of a day care facility; elementary, secondary or post-secondary schools
(including offices of the Waterloo Region District School Board); place of worship;
offices of the Family and Children Services of Waterloo Region; alotzoned to permit
aresidential use; or another lot on which an Adult Sex Film Theatre is located. Such
distance is to be measured from the closest points of the lot lines associated with
each lot.
(2) Despite Section 4.2, retailuses are permitted as accessoryuses and shall be located
on the same premises as the principal use to a maximum of 25 percent of the gross
floor area of the building.
(3) Shall be located within a multi-unitbuilding containing at least one permitted use
listed in Table 10-1 not subject to this provision. Individual units shall not exceed
1,500 square metres of gross floor area.
(4) Despite Section 4.2, industrial administrative officeuses are permitted as an
accessory use and shall be located on the same premises as the principal use to a
maximum of 25 percent of the gross floor area of the building.
(5) Shall not include a noxious use.
(6) Atotal maximum gross floor area of 10,000 square metres of office is permitted on a
lot.
10.3 REGULATIONS
The regulations for lots in anEMP zone are set out in Table 10-2 below.
Table 10-2: Regulations for Employment Zones
RegulationEMP-1EMP-2EMP-3EMP-4EMP-5
22
Minimum lotarea2,000m2,000m
Minimum lotwidth12m12m12m25m25m
Minimum front yard setback6m6m6m6m6m
Minimum interior side yard
1.5m1.5m1.5m1.5m1.5m
setback
Minimum exterior side yard
6m6m6m6m6m
setback
Minimum rear yard setback7.5m7.5m7.5m7.5m7.5m
Minimum rear yard or side
yardsetbackabutting a rail 1.5m1.5m1.5m1.5m1.5m
right-of-way or ahydro corridor
Minimum setbackabutting a
residentialzonefor abuilding
7.5m7.5m7.5m7.5m7.5m
constructed without openings
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SECTION 10 Employment (EMP) Zones Page 4 of 4
RegulationEMP-1EMP-2EMP-3EMP-4EMP-5
Minimum setbackabutting a
residentialzonefor a building
14m14m14m14m14m
constructed with openings
Maximum building heightfor a
buildinglocatedless than 14m
10.5m10.5m10.5m10.5m10.5m
from a yardabutting a
residentialzone
10.4 VISUAL BARRIER
Where a lot zoned EMP abuts a residential zone, a visual barrier shall be provided along
the abutting lot linein accordance with Section 4.17 of this By-law.
10.5 OUTDOOR STORAGE
No outdoor storage shall be permitted in anyyard abutting a street, or within 7.5 metres
of a residential zone.This shall not however prevent the display of goods or materials for
retail purposes.
10.6 LOCATION OF PARKING SPACES AND LOADING SPACES
Parking spaces shall not locate within 7.5 metres of a residential zone.
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SECTION 11 Institutional (INS) Zones Page 1 of 2
SECTION 11 Institutional (INS) Zones
The Institutional zones apply to lands designated Institutional in the Official Plan.
11.1 APPLICABLE ZONES
INS-1: Neighbourhood Institutional the purpose of this zone is to accommodate
institutional uses intended to serve surrounding residential communities on lands located
in Community Areas and Community Nodes and certain other areas that are adjacent to
properties zoned for low density residential uses.
INS-2: Major Institutional the purpose of this zone is to accommodate all types and
intensities of institutional uses on lands within Major Transit Station Areas, City Nodes,
and on lands containing existing large-scale institutional uses.
11.2 PERMITTED USES
No person shall, within any INS zone, use or permit the use of any lot;or erect, alter or
use any building orstructure for any purpose other than those permitted uses within
Table 11-1 below.
Table 11-1: Permitted Uses within the Institutional Zones
UseINS-1(1)INS-2(1)
Adult EducationSchool
Cemetery
Community Facility
Continuing Care Community
Cultural Facility
(2)
Day Care Facility
ElementarySchool
Funeral Home
Health Clinic
Hospice
Hospital
Large Residential Care Facility
Place of Worship
Post-Secondary School
Secondary School
(2)
Small Residential Care Facility
Social Service Establishment
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SECTION 11 Institutional (INS) Zones Page 2 of 2
Additional Regulations for Permitted Uses Table 11-1
(1) Despite Section 4.2, accessoryconvenience retail,office,financial establishment,
restaurant,andpersonal services shall be located in the same building as the
principal use.
(2) The maximum gross floor area shall be 6,000 square metres.
11.3 REGULATIONS
The regulations for lots in an INS zone are set out in Table 11-2 below.
Table 11-2: Regulations for Institutional Zones
RegulationINS-1INS-2
Minimum lotwidth15m15m
Minimum front yard setbackand minimum
6m4.5m
exterior side yard setback
Minimum interior side yard setback3m3m
Minimum rear yard setback7.5m7.5m
Minimum yardsetbackabutting a lotzoned
7.5m7.5m
for a low density residential use
Maximum building height14m(1)
Maximum floor space ratio1(2)
Minimum landscaped area20%30%
Additional Regulations for Zone Regulations Table 11-2
(1) Abase shall be required for buildings greater than 14 metres in height. The
maximum base height shall be 14 metres. Portions of a building located above the
shall have a minimum stepback of 3 metres.
(2) The maximum floor space ratio for a large residential care facility or a continuing care
community shall be 2.
11.4 VISUAL BARRIER
Where a lot zoned INS abuts a residential zone, a visual barrier shall be provided along
the abutting lot line in accordance with Section 4.17 of this By-law.
11.5 OUTDOOR STORAGE
No outdoor storage shall be permitted in an INS zone.
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SECTION 12 Agricultural (AGR) Zones Page 1 of 2
SECTION 12 Agriculture (AGR) Zones
The Agriculture zones apply to lands designated Prime Agriculture in the Official Plan.
12.1 APPLICABLE ZONES
AGR-1: Prime Agriculture the purpose of this zone is to protect the land base for
agriculture, and support a thriving agricultural industry and rural economy.
12.2 PERMITTED USES
Noperson shall, within any AGR zone,use or permit the use of any lot or erect, alter or
use any building or structure for any purpose other than those permitted uses within
Table 12-1 below.
Table 12-1: Permitted Uses within the Agriculture Zones
UseAGR-1
Agriculture
Agriculture-Related(1)
Existing Dwelling
On-Farm Diversified Use (1)(2)
Second Dwelling Unit (2)
Single Detached Dwelling (2)
Additional Regulations for Permitted Uses Table 12-1
(1) The total area of land occupied by the use shall not exceed 2 percent of the total lot
area.
(2) Shall be permitted as an accessory use to a principal agriculture use on a lot.
12.3 REGULATIONS
The regulations for lots in an AGR zone are set out in Table 12-2 below.
Table 12-2:Regulations for Agriculture Zones
RegulationAGR-1
Minimum Lot Area(1)40 hectares
Minimum Lot Width(2)300m
Minimum Front Yard10m
Minimum Side Yard10m
Minimum Rear Yard10m
Additional Regulations for Zone Regulations Table 12-2
(1) Forexisting lots with a lot area of less than 40 hectares, the minimum lot area shall
be the existing lot area.
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SECTION 12 Agricultural (AGR) Zones Page 2 of 2
(2) For existinglots with a lot width of less than 300 metres, the minimum lot width shall
be the existing lot width.
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SECTION 13 Natural Heritage Conservation (NHC) Zones Page 1 of 1
SECTION 13 Natural Heritage Conservation (NHC) Zones
The Natural Heritage Conservation zone applies to lands designated Natural Heritage
Conservation in the Official Plan and is comprised of lands located within the natural
heritage system and natural hazardous lands, being floodplainand floodway.
13.1 APPLICABLE ZONES
NHC-1: Natural Heritage Conservation the purpose of this zone is to protect and/or
conserve natural heritage featuresand their ecological functions. Further, it is intended
to prevent the aggravation of existing natural hazards and/or the creation of new ones.
13.2 PERMITTED USES
No person shall, within any NHCzone, use or permit the use of any lot or erect, alter or
use any building or structure for any purpose other than those permitted uses within
Table 13-1 below.
Table 13-1: Permitted Uses within the Natural Heritage Conservation Zone
UseNHC-1
Existing Agriculture
Natural Heritage Conservation
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SECTION 14 Existing Use Floodplain (EUF) Zones Page 1 of 2
SECTION 14 Existing Use Floodplain (EUF) Zones
The Existing Use Floodplain zone applies to lands designated Natural Heritage
Conservation in the Official Plan that are located within the floodway or floodplain where
there is existing development subject to flooding hazards.
14.1 APPLICABLE ZONES
EUF-1: Existing Use Floodplain Zone the purpose of this zone is to recognize existing
uses within a floodway or floodplain.
14.2 PERMITTED USES
No person shall, within any EUFzone, use or permit the use of any lot; or erect, alter or
use any building or structure for any purpose other than those permitted uses within
Table 14-1 below.
Table 14-1: Permitted Uses within the Existing Use Floodplain Zones
UseEUF-1
Existing uses
The same type of useas the existing use
Adwellingwith the same or fewerdwelling unitsthan that existingon,
and continually usedsince the effective date of this By-lawin a dwelling
that was existingon the effective date of this By-law
14.3 REGULATIONS
The regulations for lots in an EUFzone are set out in Table 14-2 below.
Table 14-2: Regulations for Existing Use Floodplain Zones
RegulationEUF-1
For All Uses
Minimum lotwidthExisting lot width
For Additions and Alterations to or Replacement of Existing Buildings
Minimum front yardsetback4.5m
Minimum exterior side yardsetback4.5m
Minimum interior side yardsetbackfor a
1.2m
buildingless than 9 m in height.
Minimum interior side yardsetbackfor a
2.5m
buildingbetween 9 m and 10.5 m in height.
Minimum interior side yardsetbackfor a
6m
buildingexceeding 10.5 m in height.
Minimum rear yardsetback7.5m
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SECTION 14 Existing Use Floodplain (EUF) Zones Page 2 of 2
14.4 OUTDOOR STORAGE
Existing outdoor storage shall be permitted.
14.5 UNDERGROUND PARKING FACILITIES
Parking spaces, loading spaces, or drive aisles shall not be located underground.
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SECTION 15 Recreation (REC) Zones Page 1 of 1
SECTION 15 Recreation (REC) Zones
The Recreation zone predominantly applies to lands designated Open Space in the
Official Plan, but may also be applied to lands designated Mixed Use, Institutional,
Residential, and Urban Growth Centre.
15.1 APPLICABLE ZONES
REC-1: Recreation the purpose of this zone is to provide a comprehensive and
connected parkland and open space system. REC-1 lands may also be comprised of
lands not used for park or other public recreational purposes but which form part of the
overall open space system.
15.2 PERMITTED USES
No person shall, within any RECzone, use or permit the use of any lot; or erect, alter or
use any building or structure for any purpose other than those permitted uses within
Table 15-1 below.
Table 15-1: Permitted Uses within the Recreation Zone
UseREC-1
Outdoor Active Recreation
Outdoor Passive Recreation
15.3 REGULATIONS
The regulations for lots in a RECzone are set out in Table 15-2 below.
Table 15-2: Recreation Zone Regulations
RegulationREC-1
Minimum front yardsetback6m
Minimum interior side yardsetback6m
Minimum exterior side yardsetback6m
7.5 mor one-half the building
Minimum rear yardsetback
height, whichever is greater.
Minimum setbackof any principalbuildingfrom a
6m
residential zone
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SECTION 16 Major Infrastructure and Utility (MIU) Zones Page 1 of 1
SECTION 16 Major Infrastructure and Utility (MIU) Zones
The Major Infrastructure and Utility zone applies to lands designated Major Infrastructure
and Utility in the Official Plan.
16.1 APPLICABLE ZONES
MIU-1: Major Infrastructure and Utility the purpose of this zone is to provide for large
scale infrastructure and utilities for publicuses.
16.2 PERMITTED USES
No person shall, within any MIU zone, use or permit the use of any lotor erect, alter or
use any building or structure for any purpose other than those permitted uses within
Table 16-1 below.
Table 16-1: Permitted Uses within the Major Infrastructure and Utility Zones
UseMIU-1
Electrical Transformer Station
Public Works Yard
Transportation Facility
Waste Management Facility
Waterand Wastewater Treatment Facility
16.3 REGULATIONS
The regulations for lots in a MIU zone are set out in Table 16-2 below.
Table 16-2:Major Infrastructure and Utility ZoneRegulations
RegulationMIU-1
Minimum front yard setback7.5m
Minimum exterior side yard setback6m
Minimum interior side yard setback6m
Minimum rear yard setback7.5m
Minimum front yard,side yard,and rear yard setbackabutting a
15m
residential zone
16.4 VISUAL BARRIER
Where a lotzoned MIU abuts a residential zone, a visual barrier shall be provided along
the abutting lot line in accordance with Section 4.17 herein.
16.5 OUTDOOR STORAGE
No outdoor storage shall be permitted in any yard abutting a street, or within 7.5 metres
of a residential zone.
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SECTION 17 Stormwater Management (SWM) Zones Page 1 of 1
SECTION 17 Stormwater Management (SWM) Zones
The Stormwater Management zone may be applied to lands within any land use
designation in the Official Plan that contain stormwater management facilities.
17.1 APPLICABLE ZONES
SWM-1: Stormwater Management the purpose of this zone is for lands to be used only
for stormwater management facilities.
17.2 PERMITTED USES
No person shall, within any SWM zone,use or permit the use of any lot or erect, alter or
use any building or structure for any purpose other than those permitted uses within
Table 17-1 below.
Table 17-1: Permitted Uses within the Stormwater Management Zone
UseSWM-1
Stormwater Management Facility
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SECTION 18 - Overlays Page 1 of 3
SECTION 18 Overlays
Overlays modify other provisions of this By-law for specific lots. All other provisions of
this By-law shall continue to apply. In the event of a conflict between the overlay and any
other section of this By-law, the overlay will supersede only to the extent of the conflict.
18.1 APPLICABLE OVERLAYS
Flooding Hazard - the purpose of this overlay is to identify lands that are susceptible to
flooding hazards and prevent injury or the loss of life,minimize property damage and
social disruption,andthe aggravation of existinghazards and the creation of new ones.
Slope Erosion Hazard - the purpose of this overlay is to identify lands that are
susceptible to slope erosion hazards and prevent injury or the loss of life,minimize
property damage and social disruption, and the aggravation of existing hazards and the
creation of new ones.
Significant Wildlife Habitat and Significant Landforms - the purpose of this overlay is to
identify lands within Significant Wildlife Habitat and Significant Landforms that are
subject to an Environmental Impact Studyor other appropriate study prior to
development, redevelopment, or site alteration.
Ecological Restoration Areas - the purpose of this overlay is to identify lands within
Ecological Restoration Areas that are subject to an Environmental Impact Studyor other
appropriate study prior to development, redevelopment, or site alteration.
18.2 REGULATIONS
18.2.1 Flooding Hazard
a) Despite anything else in this By-law, the following uses shall not be permitted to
locate within lands shown as affected by the Flooding Hazard Overlay:
i) aninstitutional use which shall include ahospital,elementaryschool,
secondary school,day care facility, small residential care facility, and
largeresidential care facility:
ii)anessential emergency service such as that provided by fire, police, and
ambulance stations; and electrical substations;
iii)ause with outdoor storage of any materials, either temporary or
permanent; or,
iv) ause with the disposal, manufacturing, treatment, or storage of
hazardous chemicals and/or substances.
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SECTION 18 - Overlays Page 2 of 3
b) Despite anything else in this By-law, within lands shown as affected by the
Flooding Hazard Overlay, prior to the development of any land, interference with
wetlands, or alterations to shorelines or watercourses in accordance with the
underlying zone, a permit shall be obtained from the Grand River Conservation
Authority, where required by the said Authority, in accordance with Regulation
150/06.
c) Despite anything else in this By-law, within lands shown as affected by the
Flooding Hazard Overlay, prior to new development, expansions, or alterations in
accordance with the underlying zone,floodproofing standards and/or Protection
Works Standards shall be implemented.
18.2.2 Slope Erosion Hazard
a) Despite anything else in this By-law, the following uses shall not be permitted to
locate within lands shown as affected by the Slope Erosion Hazard Overlay:
i) aninstitutional use which shall include ahospital,elementaryschool,
secondary school,day care facility, small residential care facility, and
largeresidential care facility:
ii)anessential emergency service such as that provided by fire, police, and
ambulance stations; and electrical substations;
iii)ause with outdoor storage of any materials, either temporary or
permanent; or,
iv) ause with the disposal, manufacturing, treatment, or storage of
hazardous chemicals and/or substances.
b) Despite anything else in this By-law, within lands shown as affected by the Slope
Erosion Hazard Overlay, prior to development, redevelopment, or site alteration
in accordance with the underlying zone, the following must be demonstrated and
achieved:
i) the effects and risk to public safety are minor and can be mitigated in
accordance with the standards;
ii) development, redevelopment, or site alterationis carried out in
accordance with Protection Works Standards, and access standards;
iii) vehicles and persons have a way of safely entering and exiting the area
during the times of erosion and other emergencies;
iv) new hazards are not created and existing hazards are not aggravated;
v) no adverse environmental impacts will result; and,
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SECTION 18 - Overlays Page 3 of 3
vi)a Development, Interference with Wetlands and Alterations to Shorelines
and Watercourses Permit (Pursuant to Ontario Regulation 150/06) is
issued by the Grand River Conservation Authority.
c)Despite anything else in this By-law, within lands shown as affected by the Slope
Erosion Hazard Overlay, prior to any development or site alterationassociated
with existinguses within the limits of a slope erosion hazard, it must be
demonstrated through a site-specific geotechnical or engineering assessment
that:
i)there is no feasible alternative location outside of the slope erosion
hazard;
ii)any proposed building or structure is located in the area of least risk;
iii)there is no impact on existing or future slope stability and bank
stabilization or erosion protection works are not required;
iv)access for maintenance or emergency purposes is not prevented; and,
v)where unavoidable, impacts on natural heritage features or ecological
functions are minimized, and appropriate mitigative and remedial
measures will adequately enhance or restore features and functions.
18.2.3 Significant Wildlife Habitat and Significant Landforms
Despite anything else in this By-law, within lands shown as affected by the Significant
Wildlife Habitat and Significant Landforms overlay, any development, redevelopment, or
site alterationin accordance with the underlying zone will be subject to an Environmental
Impact Study or other appropriate study.
18.2.4 Ecological Restoration Areas
Any development, redevelopment or site alterationin accordance with the underlying
zone will be subject to an Environmental Impact Study or other appropriate study.
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SECTION 19 Transition Provisions Page 1 of 2
SECTION 19 Transition Provisions
19.1 GENERAL TRANSITION MATTERS
Subject to Section 1.4 and except as provided in Sections 19.2 and 19.3, the provisions
of this By-law will otherwise apply.
19.2 COMPLETE APPLICATION TRANSITION MATTERS
For the purposes of this Section, complete application means an application that
contains sufficient particulars and information to allow it to be processed and approved.
An application that is incomplete becomes a complete application on the date that the
required particulars and information are provided to the City.
a) Despite Sections 1.7 and 1.8, 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 the said complete application
complied with the provisions of By-law Number 85-1 as it existed
immediately before the effective date of this By-law; or,
ii) a complete application for such building permit was made after the
effective date of this By-law and is in respect of alot to which Subsections
b), c) or d) apply and the said complete application complied with the
provisions of By-law Number 85-1 as it existed immediately before the
effective date of this By-law;
b) Despite Sections 1.7 and 1.8, nothing in the By-law applies to prevent the
issuance of any 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 as
it existedimmediately before the effective date of this By-law.
c) 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.
d) Despite Sections 1.7 and 1.12, nothing in the By-law applies to prevent the
issuance of the final approval of a plan of condominium where:
i) draft approval for such plan of condominium was finally granted; or,
ii) A complete application for plan of condominium was made after the
effective date of this By-law and is in respect of alot to which Subsection
b)applies and the said complete application complied with the provisions
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SECTION 19 Transition Provisions Page 2 of 2
of By-law Number 85-1 as it existed immediately before the effective date
of this By-law;
19.3 TRANSITION SUNSET CLAUSE
Sections 19.1 to 19.3 are automatically repealed on the third anniversary of the effective
date of this By-law, and the provisions of Section 34(9) of the Planning Act shall
thereafter apply in respect of any buildings,structures, or uses established or erected
pursuant to any such complete application.
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SECTION 20 Site Specific Provisions Page 1
SECTION 20 Site Specific Provisions
20.1 SITE SPECIFIC PROVISIONS
Site specific provisions modify other provisions of this By-law for specific lots. All other
provisions of this By-law shall continue to apply. In the event of a conflict between a site
specific provision and any other Section of this By-law, the site specific provision will
supersede only to the extent of the conflict.
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SECTION 20 Site Specific Provisions (1)
(1) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid
Schedule 84 and 121 of Appendix A, the following regulations shall apply:
a) The maximum building height shall be 12 storeys; and,
b) The maximum floor space ratio using bonus value(s) in accordance with Section 4.3
(Bonusing) shall be 6.
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SECTION 20 Site Specific Provisions (2)
(2) Within the lands zoned UGC-1, UGC-3, and UGC-4 and shown as affected by this
provision on Zoning Grid Schedule 73, 74, 83, 84, 85, and 120 of Appendix A, the maximum
floor space ratiousing bonus value(s) in accordance with Section 4.3 (Bonusing) shall be 6.
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SECTION 20 Site Specific Provisions (3)
(3) Within the lands zoned UGC-4 and shown as affected by this provision on Zoning Grid
Schedule 120 of Appendix A, the following regulations shall apply:
a) The maximum floor space ratio shall be 1; and,
b) The maximum building height shall be 9 metres.
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SECTION 20 Site Specific Provisions (4)
(4) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid
Schedule 84, 85, 120, and 121 of Appendix A, the maximum building height shall be 6 storeys.
For existing buildings exceeding 6 storeys, the maximum building height shall be the existing
building height.
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SECTION 20 Site Specific Provisions (5)
(5) Within the lands zoned UGC-4 and shown as affected by this provision on Zoning Grid
Schedule 120 of Appendix A, the maximum building height shall be 9 metres within 25 metres of
Market Lane.
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SECTION 20 Site Specific Provisions (6)
(6) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid
Schedule 73, 84, and 85 of Appendix A, bonusing in accordance with Section 4.3 (Bonusing)
shall not be permitted.
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SECTION 20 Site Specific Provisions (7)
(7) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid
Schedule 120 of Appendix A, the maximum floor space ratio
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SECTION 20 Site Specific Provisions (8)
(8) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid
Schedule 84, 85, 120, and 121 of Appendix A, the maximum building height shall be 14 metres
within 30 metres of the Joseph Street street line.
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SECTION 20 Site Specific Provisions (9)
(9) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid
Schedule 85 and 120 of Appendix A, the following regulations shall apply:
a)The maximum floor space ratio shall be 4.6; and,
b)The minimum yard setback abutting a Lane shall be 0 metres.
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SECTION 20 Site Specific Provisions (10)
(10) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid
Schedule 73, 74, and 84 of Appendix A, the following regulations shall apply:
a) The maximum floor space ratio shall be 5;
b) Despite a), an additional floor space ratio of 3.2 for a total maximum floor space ratio of
8.2 is permitted through bonusing and a Section 37 Agreement that is registered on title
against the subject lands;
c) The minimum front yard setback shall be 0 metres and the storeys above the base
facing Victoria Street shall have a 4.3 metre stepback;
d) The minimum rear yard setback shall be 0 metres;
e) The minimum side yard setback where the building abuts 11 and 13 Arthur Place shall
be 3 metres (excluding the colonnade). The minimum stepback where the base abuts 11
Arthur Place shall be 4.6 metres (excluding architectural features);
f) The minimum side yard setback where the building abuts 92 and 94 Victoria Street
South shall be 0 metres (excluding the colonnade). The minimum stepback where the
base abuts 92 and 94 Victoria Street South shall be 6 metres (excluding architectural
features);
g) The maximum base height shall be 14.5 metres and shall not include mechanical units
or vertical features such as parapets or screen walls on the base;
h) The maximum building height shall be 69 metres excluding mechanical or elevator
penthouses;
i) A minimum of 50% of the Victoria Street South ground floor façade shall be comprised of
façade openings including commercial display windows, building entrances, or other
such public areas;
j) The maximum gross leasable commercial space for retail shall be 1,000 square metres,
and no single retail outlet shall exceed 500 square metres;
k) The minimum setback to a balcony from the front lot line shall be 2.5 metres;
l) Architectural features (including a colonnade), shall be permitted in any required yard
provided the minimum setback to the feature from a lot line is 0.5 metres;
m) The minimum setback to an arterial road shall be 0 metres following the taking of any
necessary road widenings;
n) The minimum parking requirement for the entire site shall be 243 parking spaces, which
shall include all the parking required for both commercial and residential uses as part of
amixed use development;
o) All parking on the site shall be contained within a parking structure; and,
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SECTION 20 Site Specific Provisions (10)
p) All visitor parking shall be provided as part of the entire parking required for the site in n)
and shall not be separately demarcated.
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SECTION 20 Site Specific Provisions (11)
(11) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid
Schedule 85 of Appendix A, the maximum floor space ratio shall be 5.7.
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SECTION 20 Site Specific Provisions (12)
(12) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid
Schedule 84 of Appendix A, the maximum floor space ratio
Charles Street shall be 4.4.
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SECTION 20 Site Specific Provisions (13)
(13) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid
Schedule 84 of Appendix A, the following regulations shall apply:
a) The maximum floor space ratio shall be 7.5;
b) The maximum gross leasable commercial space for individual single retail
establishments shall be 300 square metres and the maximum combined gross leasable
commercial space for retail shall be 1,000 square metres;
c) Non-residential uses shall be located only on the ground floor;
d) Not less than 50 percent of the area of each ground floor façade addressing King Street
West and Victoria Street South shall be devoted to facade openings.
e) There shall be no minimum yard setback requirements for the base, including balconies
and patio uses accessory to a restaurant;
f) The minimum stepbacks for any portion of the building above the base shall be:
i) 15 metres from the King Street West base façade; and
ii) 3.5 metres from the Halls Lane base façade;
g) The minimum basefaçade height shall be 12 metres;
h) The maximum basefaçade height shall be 22.5 metres;
i) The maximum building height for any portion of the building above the base shall be 70
metres provided that the other provisions of this site specific provision are satisfied;
j) All required off-street parking shall be located within a parking structure; and,
k) New construction of non-residential uses shall not require any parking spaces.
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SECTION 20 Site Specific Provisions (14)
(14) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid
Schedule 84 of Appendix A, the following regulations shall apply:
a)The maximum floor space ratio shall be 7.5;
b)The maximum gross floor area for retail shall be 10,000 square metres;
c)The maximum gross floor area for an individual, single retail use establishment 1,000
square metres;
d)Retail shall be located in the first 2 storeys of a building;
e)The minimum setback from King Street West shall be 7 metres measured from the back
of curb;
f)The minimum setback (for any building constructed after the date of passing of this By-
law) from Victoria Street North or Duke Street West shall be 7 metres measured from the
back of curb within 60 metres of King Street West and 2 metres measured from the back
of curb for all other locations;
g)The maximum base height shall be 21.5 metres;
h)The maximum building height applicable to any building addition located above the 1913
portion of the Rumpel Felt Company building shall be 8.5 metres, measured from the
highest point of the roofline of the 1913 portion of the Rumpel Felt Company building;
i)For any building constructed after the date of passing of this By-law, not less than 50
percent of the area of any ground floor façade addressing King Street West and Victoria
Street North shall be devoted to façade openings;
j)New construction shall be subject to the following off-street parking schedule:
i)Multiple dwelling: 0.7 parking space for each dwelling unit, inclusive of visitor
parking
ii)Place of worship: 1parking space for each 50 square metres of the gross floor
area which accommodates such use.
iii),financial establishment,personal service,restaurant,
retail, or studio:
a.Individual establishment with a gross leasable commercial space equal to
or less than 200 square metres: None required.
b.Individual establishment with a gross leasable commercial space of
greater than 200 square metres: 1 parking space for each 100 square
metres above 200 square metres of gross leasable commercial space
which accommodates such use.
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SECTION 20 Site Specific Provisions (14)
iv) Hotel: 0.5 parking space for each room, in addition to the parking required for
ancillary uses such as restaurant, conference centre or office.
v) All other uses not otherwise listed above: 1 parking space for each 100 square
metres of gross floor area which accommodates such use.
k) Despite j), an exemption from parking requirements shall apply for up to 2,500 square
metres of non-residential gross floor area established within the 1913 portion of the
Rumpel Felt Company building;
l) All of the required off-site parking and loading provided in accordance with j) shall be
exclusively allocated for its intended use;
m) Any gross floor area of a building for the exclusive purpose of loading, servicing,
boarding, alighting, parking, access and other vehicular circulation shall not require
parking spaces; and,
n) Where the provision of off-street parking on the same lot as a permitted non-residential
use is not possible or not practical, such off-street parking facilities may be located on
another lot within 800 metres of the lot containing the use requiring the parking, but such
alternate parking shall only be situated in the following zones and shall be provided in
accordance with 5.1 c):
i) Commercial zone (Zoning By-law 85-1);
ii) Commercial-residential zone (Zoning By-law 85-1);
iii) Industrial zone (Zoning By-law 85-1);
iv) Mixed-use corridor zone (Zoning By-law 85-1);
v) Downtown zone (Zoning By-law 85-1);
vi) Outside the extent of the floodline in an Existing Use zone (Zoning By-law 85-1)
or EUF Zone;
vii) COM Zone;
viii) EMP Zone;
ix) MIX Zone;
x) UGC Zone;
xi) Within a hydro corridor;and/or,
xii) Within the same zone as the use requiring such parking.
o)Dwelling units,multiple dwellings, educational establishments and day care facilities may
be permitted subject to the completion of a detailed Noise and Vibration Assessment, to
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SECTION 20 Site Specific Provisions (14)
assess both potential off-site and on-site transportation and stationary noise sources, to
the satisfaction of the Region of Waterloo. Any building or part thereof used for a
residential dwelling, educational establishment and/or day care facility shall be located
30 metres from the lot line abutting the CN Rail right-of-way. Buildings or parts thereof
used for the above noted uses may be permitted where a 30 metre setback from the lot
line abutting the CN Rail right-of-way can be provided.
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SECTION 20 Site Specific Provisions (15)
(15) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid
Schedule 84 of Appendix A, the following regulations shall apply:
a) The bonus value(s) Dwelling Units
the bonus value identified in Table 4-1; and,
b) The maximum floor space ratio using bonus value(s) in accordance with Section 4.3
(Bonusing) may exceed 8.
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SECTION 20 Site Specific Provisions (16)
(16) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid
Schedule 84 of Appendix A, the following regulations shall apply:
a) The minimum floor space ratio shall be 1;
b) The maximum floor space ratio shall be 3;
c) Despite b), an additional floor space ratio of 3 shall be provided in exchange for
community benefits secured through a Section 37 Agreement for a total maximum floor
space ratio of 6;
d) The maximum building height shall be 30.5 metres;
e) No part of a buildingsetback less than 1 metre from King Street shall exceed 27 metres
in height. For any portion of a building exceeding 27 metres in height within 1 metre of
King Street, a minimum 5 metre stepback is required;
f)Architectural features such as a cantilevered overhead canopy may extend into the front
yard to within 0.09 metres of the front lot line;
g) A maximum of 123 parking spaces shall be provided on the subject lands;
h) All required parking for the subject lands shall be calculated at a rate of 1 space per 120
square metres of gross floor area;
i) A minimum of 2 parking spaces out of the total number of parking spaces shall be
electrical vehicle parking spaces;
j) A minimum of 41 class A bicycle parking stalls and 28 class B bicycle parking stalls shall
be required;
k) A minimum of 2 showers located each within 8 square metres of shower and change
facilities shall be required; and,
l) A minimum of 1 motor vehicle ride-share space shall be required.
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SECTION 20 Site Specific Provisions (17)
(17) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid
Schedule 74, 84 and 85 of Appendix A,multiple dwellingandday care facility shall be permitted
subject to:
a) The Region of Waterloo and the City of Kitchener having received acknowledgment from
the Ministry of the Environment advising that a Record of Site Condition has been
completed in accordance with the relevant Ontario legislation; and,
b) The completion of a detailed Noise and Vibration Assessment, to assess both potential
off-site and on-site transportation and stationary noise sources, to the satisfaction of the
Region of Waterloo and the City of Kitchener. Any building or part thereof used for a
multiple dwelling and/or day care facility shall be located 30 metres from the lot line
abutting the CN Rail right-of-way. Buildings or parts thereof used for the above noted
uses may be permitted where a 30 metre setback from the lot line abutting the CN Rail
right-of-way can be provided. Under certain circumstances, the setback distance may be
measured as a combination of horizontal and vertical distances, as long as the
horizontal and vertical value add up to the recommended setback.
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SECTION 20 Site Specific Provisions (18)
(18) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid
Schedule 14 and 17 of Appendix A, one consolidated landscaped area comprising of 5% of the
lot area shall be provided and maintained at the northern corner of the lot at Fischer-Hallman
Road and University Avenue and shall form part of the minimum required landscaped area of
20% for the entire lot.
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SECTION 20 Site Specific Provisions (19)
(19) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid
Schedule 231 of Appendix A andshown as Proposed Lots 2, 3, 4, 5 and 6 on Property Detail
Schedule \[1\] of Appendix B, the following shall apply:
a) For Proposed Lots 4, 5 and 6, the minimum rear yard setback shall be 15 metres;
b) For Proposed Lot 2, the minimum rear yard setback shall be 30 metres;
c) For Proposed Lot 3, the minimum rear yard setback shall be a line between the side lot
lines measured from a point 15 metres from the rear lot line along the northern most side
lot line to a point 30 metres from the rear lot line along the southern most side lot line;
and,
d) In the minimum rear yard setbacks described in a), b) and c) above, sewage disposal
systems shall not be permitted.
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SECTION 20 Site Specific Provisions (20)
(20) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid
Schedule 254 and 284 of Appendix A, the maximum building height shall be 25 metres.
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SECTION 20 Site Specific Provisions (21)
(21) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid
Schedule 278 of Appendix A, the minimum yard setback from the Grand Hill Drive street line
shall be 5 metres.
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SECTION 20 Site Specific Provisions (22)
(22) Within the lands zoned INS-2 and shown as affected by this provision on Zoning Grid
Schedule 71 and 72 of Appendix A, parking associated with permitted uses located at 911
Queens Boulevard may locate on 40 and/or 55 Spadina Road.
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SECTION 20 Site Specific Provisions (23)
(23) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid
Schedule 33, 34, 191, 192, 223 and 224 of Appendix A,the maximum non-residential gross
floor area within a multi-unit building or multi-unit development shall be 42,000 square metres.
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SECTION 20 Site Specific Provisions (24)
(24) Within the lands zoned COM-2 and MIX-3 and shown as affected by this provision on
Zoning Grid Schedule 213, 245, and 246 of Appendix A,the maximum total non-residential
gross floor area within a multi-unit building,multi-unit development,mixed-use building,or
mixed-used development shall be 15,000 square metres.
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SECTION 20 Site Specific Provisions (25)
(25) Within the lands zoned EMP-4 and shown as affected by this provision on Zoning Grid
Schedule 201 of Appendix A and shown in more detail on Property Detail Schedule \[5\] of
Appendix B, the minimum lot width shall be 17 metres.
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SECTION 20 Site Specific Provisions (26)
(26) Within the lands zoned AGR-1and shown as affected by this provision on Zoning Grid
Schedule 60, 61, 97 and 98 of Appendix A, the use of lands for a pit shall only take place within
the Limits of Extraction shown on Property Detail Schedule \[2\] of Appendix B.
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SECTION 20 Site Specific Provisions (27)
(27) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 289 of Appendix A, the following regulations shall apply:
a)Individual retail outlets shall have no minimum gross floor area; and,
b)The minimum interior side yard setback shall be 1.3 metres.
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SECTION 20 Site Specific Provisions (28)
(28) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 289 of Appendix A, individual retail outlets shall have no minimum gross floor area.
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SECTION 20 Site Specific Provisions (29)
(29) Within the lands zoned EMP-4 and shown as affected by this provision on Zoning Grid
Schedule 139 of Appendix A, office shall be permitted to occupy up to 100 percent of the gross
floor area and shall have a maximum of floor space ratio of 0.5.
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SECTION 20 Site Specific Provisions (30)
(30) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 89 and 116 of Appendix A, the following regulations shall apply:
a) Individual retail outlets having a gross floor area of less than 1,500 square metres shall
be permitted on the same lot as a permitted use in Table 9-1 requiring a minimum gross
floor area of 1,500 square metres provided the total gross floor area of such individual
retail outlets does not exceed 25 percent of the total gross floor area; and,
b) All lands affected by this provision shall be deemed to be one lot for the purpose of
calculating gross floor area of development.
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SECTION 20 Site Specific Provisions (31)
(31) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 46, 47, 67, and 68 of Appendix A, the following regulations shall apply:
a) Individual retail outlets having a gross floor area of less than 1,500 square metres shall
be permitted on the same lot as a permitted use in Table 9.1 requiring a minimum gross
floor area of 1,500 square metres provided the total gross floor area of such individual
retail outlets does not exceed 25 percent of the total gross floor area; and,
b) All lands affected by this provision shall be deemed to be one lot for the purpose of
calculating gross floor area of development.
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SECTION 20 Site Specific Provisions (32)
(32) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 288 and 289 of Appendix A, individual retail outlets shall have no minimum gross floor
area provided such retail outlets do not exceed a maximum total gross floor area of 1,533
square metres.
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SECTION 20 Site Specific Provisions (33)
(33) Within the lands zoned COM-1 and shown as affected by this provision on Zoning Grid
Schedule 41 of Appendix A, the following regulations shall apply:
a) The minimum floor space ratio shall be 0.6;
b) The maximum floor space ratio shall be 2;
c) The maximum building height shall be 25 metres;and,
d) The maximum number of storeys shall be 8.
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SECTION 20 Site Specific Provisions (34)
(34) Within the lands zoned EMP-4 and EMP-5 and shown as affected by this provision on
Zoning Grid Schedule 187, 188, and 228 of Appendix A, the following regulations shall apply:
a) The minimum front yard setback shall be 3 metres; and,
b) The minimum rear yard setback shall be 15 metres and shall incorporate a 2 metre high
berm.
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SECTION 20 Site Specific Provisions (35)
(35) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid
Schedule 47 and 67 of Appendix A, the minimum side or rear yard setback for a garbage
enclosure shall be 0 metres.
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SECTION 20 Site Specific Provisions (36)
(36) Within the lands zoned COM-1 and shown as affected by this provision on Zoning Grid
Schedule 48, 49 and 65 of Appendix A, the maximum total allowable gross floor area for a place
of worship shall be 93 square metres.
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SECTION 20 Site Specific Provisions (37)
(37) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 279, 289 and 290 of Appendix A, the following regulations shall apply:
a) the minimum front yardandexterior side yardsetback shall be 0 metres, except that no
building shall be located within 5 metres of an above ground hydro line;
b) individual retail outlets having a gross floor area of less than 1,500 square metres shall
be permitted on the same lot as a permitted use in Table 9.1 requiring a minimum gross
floor area of 1,500 square metres provided the total gross floor area of such individual
retail outlets does not exceed 25 percent of the total gross floor area. The maximum
gross floor area for any individual retail outlet shall be 6,100 square metres; and,
c) all lands affected by this provision shall be deemed to be one lot and the internal lotlines
of the original lots shall not be construed to be lot lines for the purposes of any zoning
regulations provided that all applicable regulations of this By-law relative to the lands as
a whole and its external lot lines are observed.
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SECTION 20 Site Specific Provisions (38)
(38) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid
Schedule 92 and 93 of Appendix A, the following regulations shall apply:
a) The maximum building height shall be 12 metres within 20 metres of a residential zone;
and,
b) Patios, decks and outdoor recreation areas associated with a restaurant shall not be
located within 20 metres of a residential zone, and in no case shall a patio, deck or
outdoor recreation area be located between any building and a residential zone.
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SECTION 20 Site Specific Provisions (39)
(39) Within the lands zoned MIX-2and shown as affected by this provision on Zoning Grid
Schedule 125 of Appendix A, the following regulations shall apply:
a) The Lancaster Street West street line shall be the front lot line;
b) The Bridgeport Road street line shall be an exterior side lot line;and,
c) The Hamel Street street line shall be an exterior side lot line and the minimum exterior
side yard setback shall be 3 metres
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SECTION 20 Site Specific Provisions (40)
(40) Within the lands zoned MIX-2and shown as affected by this provision on Zoning Grid
Schedule 126 of Appendix A, the following regulations shall apply:
a) A minimum width of the ground floor façade as a percent of the abutting street line shall
not be required; and,
b) A minimum percent of façade openings shall not be required.
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SECTION 20 Site Specific Provisions (41)
(41) Within the lands zoned MIX-2 and shown as affected by these provisions on Zoning Grid
Schedule 125 and 126 of Appendix A, the following shall apply:
a) A maximum gross floor area of 1,000 square metres is permitted for each individual
freestanding retail outlet within existing and new buildings; and,
b)Afood store is only permitted in a mixed use development to a maximum gross floor
area of 5,000 square metres.
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SECTION 20 Site Specific Provisions (42)
(42) Within the lands zoned MIX-1 and shown as affected by this provision on Zoning Grid
Schedule 89, 90, 115, and 116 of Appendix A, the following shall apply:
a) The following uses shall be permitted:
i)Drive-through facility; and,
ii)Large residential care facility.
b) The following regulations shall apply:
i) The minimum rear yard setbackandinterior side yard setback shall be 3 metres
except where the lot line forms part of a boundary between a MIX-1zone and a
residential zone or a REC-1zone in which case the minimum setback shall be
7.5 metres;
ii) The minimum front yard setbackandexterior side yard setback to Elmsdale
Drive for a multiple dwelling,large residential care facility or, small residential
care facility shall be 3 metres for that portion of a building not exceeding 10.5
metres in building height and an additional setback of 1.5 metres shall be
required for every additional 3 metres of building height thereafter;
iii) The minimum front yard setbackandexterior side yard setback to Ottawa Street
for a multiple dwelling,large residential care facility or, small residential care
facility shall be 3 metres;
iv) The maximum building height for a multiple dwelling,large residential care facility
and, small residential care facility shall be 24 metres
v)Dwelling units are permitted on the ground floor;
vi) Cluster townhouse dwellings, multiple dwellings,large residential care facilities
and, small residential care facilities are permitted on a lot that does not contain a
non-residential use;
vii) The minimum floor space ratio for any lot containing only a non-residential use
shall be 0.3;
viii) The minimum floor space ratio shall not apply to individual buildings provided that
the development is consistent with the Council approved Urban Design
Guidelines and a Comprehensive Master Plan is prepared which demonstrates
that the overall development will achieve the minimum floor space ratio;
ix) The maximum floor space ratio shall be 2 where it has been demonstrated to the
satisfaction of the City that the necessary infrastructure for storm and sanitary
have sufficient capacity, and to the satisfaction of the City and the Region that
surrounding streets and intersections have sufficient capacity;
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SECTION 20 Site Specific Provisions (42)
x) The maximum non-residential gross floor area shall not exceed 10,000 square
metres of which retail shall not exceed a maximum gross floor area of 7,000
square metres;
xi) One freestanding retail outlet shall be permitted to a maximum gross floor area of
6,500 square metres, and;
xii) The minimum required parking spaces for a multiple dwelling shall be 1 parking
space per dwelling unit.Visitor parking spaces shall be provided at a rate of
22.5% of the required.
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SECTION 20 Site Specific Provisions (43)
(43) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid
Schedule 253, 254, 284, and 285 of Appendix A, the maximum building height shall be 10
metres.
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SECTION 20 Site Specific Provisions (44)
(44) Within lands shown as affected by this provision on Zoning Grid Schedule 227, 228, 229,
230, 231, 232, and233 of Appendix A, nobuilding or structure shall be permitted to exceed a
height greater than a geodetic elevation of 359.66 metres above sea level.
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SECTION 20 Site Specific Provisions (45)
(45) Within the lands zoned EMP-5 and shown as affected by this provision on Zoning Grid
Schedule 112, 113, 149 and 150 of Appendix A (described as Part of Lot 12, Registrar's
Compiled Plan 1471; and Part of Lot 14, Registrar's Compiled Plan 1471, more particularly
described as Parts 1, 26, 27, 28, 31, 32, 33 and 34, Plan 58R-5668), where a lot line forms part
of a boundary with Lot 13 of Registrar's Compiled Plan 1471 the following regulations shall
apply:
a) A minimum setback of 14 metres from the lot line which abuts Lot 13;
b) No parking or loading spaces or outdoor storage shall be permitted within 7 metres of
that portion of the lot line which abuts Lot 13, and;
c) A visual barrier shall be provided and maintained along that portion of the lot line which
abuts Lot 13 in accordance with Section 4.17 of this By-law.
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SECTION 20 Site Specific Provisions (46)
(46) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid
Schedule 296 of Appendix A, a visual barrier shall be provided along the entire Limerick Drive
street line.
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SECTION 20 Site Specific Provisions (47)
(47) Within the lands zoned INS-1 and shown as affected by this provision on Zoning Grid
Schedule 67 of Appendix A, the maximum gross floor area of a place of worship shall not
exceed 1,088.78 square metres.
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SECTION 20 Site Specific Provisions (48)
(48) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 279 and 289 of Appendix A, the following regulations shall apply:
a) Individual retail outlets having a gross floor area of less than 1,500 square metres shall
be permitted on the same lot as a permitted use in Table 9-1 having a minimum gross
floor area of 1,500 square metres provided the total gross floor area of such individual
retail outlets does not exceed 25 percent of the total gross floor area; and,
b) No maximum gross floor area shall apply for an office use.
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SECTION 20 Site Specific Provisions (49)
(49) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid
Schedule 125 and 126 of Appendix A, the minimum floor space ratio shall be 1 and the
maximum floor space ratio shall be 4.
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SECTION 20 Site Specific Provisions (50)
(50) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid
Schedule 255 of Appendix A, and further described as Block 85, Registered Plan 1692, the
following shall apply to a multiple dwelling development:
a) The maximum number of units shall be 64;
b) The maximum number of units per building shall be 4;
c) The minimum side yard(s) shall be 13.5 metres on the west side and 7.5 metres on the
east side;
d) The maximum building height shall be 9 metres;
e) The minimum floor area per dwelling unit shall be 113 square metres for a 1 storey unit
and 141 square metres for a 2 storey unit;
f) The minimum distance between buildings shall be 8 metres where the facing walls
contain windows; and,
g) Private patio areas shall not be required.
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SECTION 20 Site Specific Provisions (51)
(51) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid
Schedule 255 of Appendix A, the minimum lot width shall be 29.5 metres.
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SECTION 20 Site Specific Provisions (52)
(52) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid
Schedule 233 of Appendix A, the rear yard access regulation shall not apply.
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SECTION 20 Site Specific Provisions (53)
(53) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid
Schedule 43 of Appendix A, the following shall apply:
a) The minimum rear yard setback shall be 1.5 metres; and,
b)Adrive-through facility existing as of November 19, 2014 shall be permitted.
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SECTION 20 Site Specific Provisions (54)
(54) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid
Schedule 266 of Appendix A, the minimum lot width shall be 85 metres.
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SECTION 20 Site Specific Provisions (55)
(55) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid
Schedule 11 of Appendix A, the following shall apply:
a)Retail uses shall be permitted;
b)Afood store shall have a maximum gross floor area of 4645 square metres; and,
c) The maximum total gross floor area of retail for the entire site shall be 10,662 square
metres.
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SECTION 20 Site Specific Provisions (56)
(56) Within the lands zoned MIX-1 and shown as affected by these provisions on Zoning Grid
Schedule 207, 249, 250, and 253 of Appendix A, the following shall apply:
a)Alarge residential care facility shall be permitted;
b) The maximum floor space ratio for all uses shall be 2;
c) The maximum non-residential gross floor area shall be 3,250 square metres; and,
d) The maximum building height shall be 36 metres.
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SECTION 20 Site Specific Provisions (57)
(57) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 4, 5, 12 and 13 of Appendix A, the following special regulations shall also apply:
a) The minimum side yard setback where the side lot line abuts the boundary of the City of
Waterloo shall be 0 metres.
b) For the purposes of applying the regulations of this By-law the lands affected by this
subsection shall be considered to be one lot.
c) The maximum gross floor area for all uses on the lands shall be 49,515.7 square metres.
The lands will be permitted to develop in three phases with Phases 2 and 3 subject to
Holding provisions to provide for a review of transportation issues associated with the
development.
i) Phase 1 will consist of a maximum of gross floor area of 32,050.5 square metres
which will include the development of a retail anchor outlet having a maximum
gross floor area of 17,186.5 square metres. Phase 1 is not subject to any Holding
provisions.
ii) Phase 2 will consist of up to an additional 6,967.7 square metres of gross floor
area and is subject to a Holding provision. Phase 1 and Phase 2 provide for a
cumulative total of 39,018 square metres of gross floor area on the City of
Kitchener portion of the site.
iii) Phase 3 will consist of the remainder of the cumulative total of 49,515.7 square
metres of gross floor area permitted on the City of Kitchener portion of the site
and is subject to a Holding provision.
d) The maximum amount of gross floor area devoted to retail shall be 43,384.3 square
metres. The following uses are excluded from the calculation of retailgross floor area:
outside garden centre displays and areas devoted to parking spaces and loading spaces
which are not fully enclosed.
e) The maximum amount of gross floor area devoted to retail anchor outlets having a
minimum size of 4,645 square metres of gross floor area shall be 17,186.5 square
metres.
f) The maximum amount of gross floor area devoted to individual retail outlets specializing
in the retail of apparel and accessories shall be 9,290 square metres.
g) The maximum amount of gross floor area devoted to individual outlets specializing in
restaurant uses shall be 1,858 square metres.
h) Individual retail outlets having a gross floor area of less than 1,500 square metres shall
be permitted on the same lot as a permitted use in Table 9-1 requiring a minimum gross
floor area of 1,500 square metres provided the total gross floor area of such outlets does
not exceed 25 percent of the total gross floor area. Of this total, individual retail outlets
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SECTION 20 Site Specific Provisions (57)
having a gross floor area less than 465 square metres shall be limited to a maximum
total amount of 4,645 square metres of gross floor area.
i) Where the municipal boundary bisects a parking space, if the majority of the parking
space is in Kitchener the whole space shall be deemed to be in Kitchener.
j) For all lands affected by this subsection, the internal lot lines of the original lots shall not
be construed to be lot lines for the purposes of any zoning regulations provided that all
applicable regulations of this By-law relative to the lands as a whole and its external lot
lines are observed.
k) The minimum amount of office gross floor area to be provided on the site shall be
2,229.6 square metres.
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SECTION 20 Site Specific Provisions (58)
(58) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 4 of Appendix A, the following regulations shall apply:
a) the minimum height for 50% of each building shall be 5 metres;
b) a minimum of 1,394 square metres of office gross floor area shall be provided;
c) a second storey of useable floor space shall be provided for not less than 50 percent of
the total ground floor area; and,
d) the minimum landscaped area shall be 3,000 square metres.
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SECTION 20 Site Specific Provisions (59)
(59) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 4 of Appendix A, the following regulations shall apply:
a) the minimum height for 50% of each building face of each building shall be 5 metres,
and;
b) the minimum landscaped area shall be 1,600 square metres.
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SECTION 20 Site Specific Provisions (60)
(60) Within the lands zoned MIX-2and shown as affected by this provision on Zoning Grid
Schedule 125 and 126 of Appendix A, the Lancaster Street West street line shall be the front lot
line.
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SECTION 20 Site Specific Provisions (61)
(61) Within the lands zoned MIX-2and shown as affected by this provision on Zoning Grid
Schedule 126 of Appendix A, the following regulations shall apply:
a) The minimum floor space ratio shall not apply to the following:
i) Additions to or expansions of a building(s) existing on the date of passing of this
By-law; and,
ii)Building(s) being added to the lot where a building(s) existed on the date of
passing of this By-law provided that the existing building(s) are retained.
b) The cumulative gross floor area of the building(s) on the lot must be equal to or greater
than the gross floor area existing on the date of passing of this By-law.
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SECTION 20 Site Specific Provisions (62)
(62) Within the lands zoned MIX-1 and MIX-2 and shown as affected by this provision on
Zoning Grid Schedule 71 and 72 of Appendix A, the following shall apply:
a) A maximum gross floor area of 2,500 square metres is permitted for each individual
freestanding retail outlet; and,
b)Afood store is only permitted in a mixed use development to a maximum gross floor
areaof 5,000 square metres.
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SECTION 20 Site Specific Provisions (63)
(63) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid
Schedule 114 and 148 of Appendix A, the following regulations shall apply:
a)Parking spacesanddrive aisles giving direct access to abutting parking spaces shall not
be located within 6 metres of a street line;
b) One consolidated woodlot, comprising of 11,890 square metres shall be provided and
maintained on the lot at the corner of Strasburg Road and Block Line Road; and,
c) The maximum non-residential gross floor area shall be 14,000 square metres.
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SECTION 20 Site Specific Provisions(64)
(64) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid
Schedule 168 and 199 of Appendix A, the following shall apply:
a)The following additional uses shall be permitted:
i)One food store to a maximum gross floor area of 4,645 square metres; and,
ii)Retail.
b)Gas station shall not be permitted; and,
c)The following regulations shall apply:
i)The maximum total gross floor area of commercial development on the lands
inclusive of retail other than a home improvement store shall be 17,650 square
metres;
ii)The maximum total gross floor area of commercial development on the lands
inclusive of retail may increase up to 25,500 square metres with the addition of a
home improvement store;
iii)The maximum gross floor area of any one store shall be 5,000 square metres
with the exception of one home improvement store (no maximum) and one food
store (maximum of 4,645 square metres);
iv)The maximum gross floor area of free standing office buildings shall be 10,000
square metres;
v)Outdoor storage is prohibited in connection with the retail of motor vehicles and
major recreation equipment andmajor equipment supply and service, with the
exception that the outdoor storage of fleet vehicles for an automobile rental
establishment shall be permitted; and,
vi)Day care facility may be permitted subject to the completion of a land use
compatibility study to the satisfaction of the Regional Municipality of Waterloo.
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SECTION 20 Site Specific Provisions (65)
(65) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid
Schedule 33 and 34 of Appendix A, one consolidated landscaped area comprising 5.8 percent
of the lot area shall be provided and maintained on the lot at the corner of Queen's Boulevard
and Fischer-Hallman Road and shall form part of the minimum required landscaped area of
20% for the entire lot.
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SECTION 20 Site Specific Provisions (66)
(66) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid
Schedule 167, 168, and 199 of Appendix A, only the following uses shall be permitted:
a)Office to a maximum gross floor area of 10,000 square metres for any one building;
b)Retail to a maximum gross floor area of 1,000 square metres per outlet may be
permitted on the ground floor of a building that is 3 or more storeys in height;
c) Day care facility (1);
d)Health clinic; and
e)Health office.
(1) Shall only be permitted subject to the completion of a land use compatibility study to the
satisfaction of the Regional Municipality of Waterloo.
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SECTION 20 Site Specific Provisions (67)
(67) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid
Schedule 265 and 266 of Appendix A and shown in more detail on Property Detail Schedule \[3\]
of Appendix B, the following shall apply:
a) Only the following uses shall be permitted, except that only multiple dwelling (which may
include cluster townhouse dwellings),home occupationandstudio shall be permitted
within Areas A and B as indicated on Property Detail Schedule \[3\]:
i)
ii) Pet services establishment;
iii) Community facility;
iv) Craftperson shop; (1)
v)Day care facility; (1)
vi) Dwelling unit; (2)
vii) Elementary school;
viii) Fitness centre;
ix) Financial establishment;
x) Health clinic;
xi) Multiple dwelling; (3)
xii) Museum;
xiii) Office;
xiv) Personal services;
xv) Print shop;
xvi) Place of worship; (1)
xvii) Light repair operation; (1)
xviii) Residential Care Facility; (4)
xix) Restaurant; (1)
xx) Retail; (5)
xxi) Studio; (1) and,
xxii) Veterinary services.
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SECTION 20 Site Specific Provisions (67)
b) Only the following regulations shall apply:
i) The minimum yardsetback shall be 1.5m;
ii) The maximum building height shall be 36m; (6)
iii) The minimum floor space ratio shall be 1; (7)
iv) The minimum and maximum gross floor area for non-residential or non-
educational establishment uses shall be 15% to 50%; (7)
v) The maximum floor space ratio shall be 2;
vi) The minimum façade height for non-residential buildings shall be 7.5m;
vii) The minimum façade width in a front yard or exterior side yard shall be 50% of
the length of the respective streetline, except for Fairway Road and the north
side of the Chicopee Hills Drive road frontage, where the minimum required
façade width shall be 30%;
viii) The minimum percent of façade openings for non-residential buildings shall be
20%;
ix) The minimum landscaped area shall be 15%, which may include landscape
areas not at grade;
x) The following parking regulations shall apply:
a. Vehicular parking for multiple dwellings shall be a minimum of 1.25
spaces per unit and a maximum of 1.75 spaces per unit; inclusive of a
minimum of 15% visitor parking;
b. Bicycle parking within a secure structure shall be a minimum of:
i. 1 space / unit for multiple dwellings and dwelling unit; and,
ii. 1 space / 500m2 for all other uses.
c. All other parking regulations shall be in accordance with Section 5 of this
By-law.
(1) Must be in a building containing a minimum of 3 permitted uses and shall not apply to a day
care facility as an accessory use to an elementary school.
(2) May be permitted on the ground floor of a building provided that the ground floor that fronts
onto Chicopee Hills Drive as identified on Property Detail Schedule \[3\] contains permitted
non-residential uses.Dwelling units on the ground floor of a building used entirely for
residential are permitted as it is a multiple dwelling.
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SECTION 20 Site Specific Provisions (67)
(3) A building in the form of a townhouse that is attached to a multiple dwelling or that has units
divided vertically in addition to horizontally (i.e. a stacked townhouse dwelling) shall entirely
be considered a multiple dwelling. For locations not within Areas A and B as indicated on
Property Detail Schedule \[3\], this shall not include cluster townhouse dwellings.
(4) Shall not include a small residential care facility.
(5) Shall not exceed 3,000 square metres of gross floor area for each individual retail outlet, with
the exception of a food store which shall not exceed 5,000 square metres of gross floor
area. The total gross floor area of all retail shall not exceed 10,000 square metres.
(6) Provided that no building or structure shall exceed a height greater than a geodetric
elevation of 356.5 metres above sea level in accordance with the Region of Waterloo
International Airport Zoning Regulations issued by Transport Canada under the Aeronautics
Act. Buildings greater than 4 storeys (approximately 13.5 metres in building height) shall
have a base. Portions of buildings between 5 and 8 storeys (approximately 13.5 to 26
metres in building height) shall have a minimum stepback of 3 metres. Portions of buildings
between 9 and 12 storeys (approximately 26 metres to 36 metres in building height) shall
have a 4.5 metre stepback. Notwithstanding the minimum stepbacks, no portion of a
building is permitted within the 45 degree angular plane as measured from the west side of
the Lackner Boulevard right-of-way or to the opposite side of the internal
private/condominium road identified on Property Detail Schedule \[3\], in accordance with an
approved Urban Design Study.
(7) Individual buildings or blocks will not be required to achieve the minimum floor space ratio or
minimum non-residential/non-educational establishment gross floor area provided there is
an approved Urban Design Study that includes a conceptual Master Site Plan that
demonstrates the overall development can achieve the minimum floor space ratio and
achieve a minimum of 15% and a maximum of 50% of the gross floor area as non-
residential or non-educational establishment uses across the whole site.
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SECTION 20 Site Specific Provisions (68)
(68) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid
Schedule 220 and 221 of Appendix A, the following regulations shall apply:
a) The minimum front yardsetback shall be 2.4 metres;
b) The minimum exterior side yard setback shall be 4 metres;
c) The minimum width of the primary ground floor façade shall be 50% of the length of the
abutting street lines. Individual buildings will not be required to achieve the minimum
width of the primary ground floor façade provided there is an approved Urban Design
Brief that includes a Master Site Plan that demonstrates the overall development can
achieve the minimum width of the primary ground floor façade requirement;
d)The minimum floor space ratio shall be 1. Individual buildings will not be required to
achieve the minimum floor space ratio provided there is an approved Urban Design Brief
that includes a Master Site Plan that demonstrates the overall development can achieve
the minimum floor space ratio;
e)Dwelling units shall be permitted on the ground floor of a mixed-use building;
f) Any building directly fronting onto Weber Street shall contain a minimum of 650 square
metres of street-facing, ground-level floor area, with a minimum ceiling height of 4.5
metres, devoted to commercial use;
g) The maximum gross floor area of retail shall be 6,300 square metres and such gross
floor area shall be contained within buildings that comprise more than 50 percent non-
retail uses;
h) The maximum building height for any building directly fronting Weber Street shall be 41
metres. The maximum building height for all other buildings shall be 48 metres;
i) The minimum distance between portions of buildings higher than 4 storeys shall be 25
metres;
j) Every building greater than 4 storeys shall have a minimum 4 storeybase comprised of
a material that is distinct from the storeys above the base with respect to articulation,
massing, or a combination thereof; and,
k) Ahotel with a maximum of 102 guest rooms plus a maximum of 930 square metres of
floor area used for restaurant,retail, banquet or convention purposes and a mixed-use
building containing a maximum of 124 dwelling units and a maximum of 685 square
metres of commercial space shall require a minimum of 200 parking spaces.
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SECTION 20 Site Specific Provisions (69)
(69) Within the lands zoned MIX-1 and shown as affected by this provision on Zoning Grid
Schedule 207 of Appendix A, the following shall apply:
a) Terraces, porches and decks associated with a dwelling may be located within a
required exterior side yard provided the terrace, porch or deck is set back a minimum of
1.5 metres from the lot line abutting a street whether or not covered and provided they
are not enclosed and do not exceed 1.2 metres in height above finished grade level. All
railings that are attached to a terrace, porch or deck shall be constructed in a manner
and of materials that do not obstruct visibility of approaching traffic;
b) The minimum setback for any residential building or part thereof, located on a lot which
is abutting an arterial road, as defined and classified in the Cit
12 metres from the street line, provided however that for multiple dwellings containing a
minimum of four dwelling units, or any residential building with primary access from such
arterial road, the setback requirements of the applicable zone shall apply. Any buildings
located less than 12 metres from an arterial road shall be developed in accordance with
mitigation measures recommended in the approved Noise Study as part of the Plan of
Subdivision approval for the lands, but such mitigation measures shall not include noise
walls or berms;
c) On a corner lot abutting two streets, the driveway shall not be located closer than 7
metres to the intersection of the street lines abutting the lot; and,
d) On a corner lot abutting the same street, the driveway shall not be located closer than
4.5 metres to the intersection of the street lines abutting the lot.
For a back-to-back townhousemultiple dwelling, the following regulations shall apply:
a) The minimum front yard setback shall be 3 metres and no part of any building used to
accommodate off-street parking shall be located closer than 6 metres from the front lot
line;
b) The minimum lot area shall be 78 square metres;
c) The minimum lot width shall be 6 metres;
d) The minimum corner lot width shall be 9.5 metres for each dwelling and 12.5 for each
dwelling unit;
e) The minimum side yard setback for end units shall be 0.6 metres and in no case shall an
end unit be located closer than 1.8 metres to a dwelling on the adjacent lot;
f) The minimum exterior side yard setback shall be 3 metres;
g) The minimum rear yard setback shall be 0 metres;
h) The minimum landscaped area shall be 6.5% (1);
i) The maximum number of attached units shall be 16;
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SECTION 20 Site Specific Provisions (69)
j) The maximum building height shall be 12.5 metres;
k) Encroachments may be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 1 metre from the exterior side yard lot line.
l) More than one back-to-back townhouse dwelling shall be permitted on a lot provided that
each dwelling has direct access to an internal private driveway or road that is a common
element in a registered Condominium connecting to a public street or direct access to a
purposes of this regulation, the front lot line for each Unit in a Plan of Condominium shall
be deemed to be that lot line abutting the internal driveway portion of the common
element or a public street, and the dwelling on such a Unit shall comply with all
applicable zoning regulations, including but not limited to setbacks, lot area, lot width
and parking.
For a multiple dwelling, the following regulations shall apply:
a) The minimum front yard setback shall be 3 metres and no part of any building used to
accommodate off-street parking shall be located closer than 6 metres from the front lot
line;
b) The minimum side yard setback shall be 1.2 metres;
c) The minimum exterior side yard setback shall be 3 metres;
d) The minimum rear yard setback shall be 7 metres;
e) The minimum landscaped area shall be 15% (1);
f) A 0.5 metre encroachment may be permitted for a porch and/or balcony provided the
minimum setback to the encroachment is 1.5 metres from the front yardlot line and/or
exterior side yardlot line abutting a street;
g) A 1 metre encroachment may be permitted for stairs and access ramps, provided the
minimum setback to the encroachment is 1 metre from the front yardlot line and/or
exterior side yardlot line abutting a street;
(1) For the purposes of this provision, landscaped area shall mean an area in a rear yard used
for landscaping and/or an area on a front, rear, side or roof top balcony or deck which has
direct access from the interior of the dwelling unit but which does not serve as a primary
access into the dwelling unit.
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SECTION 20 Site Specific Provisions (70)
(70) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid
Schedule 115 and 116 of Appendix A, the following shall apply:
a) The following regulations shall apply for a restaurant:
i)Afront yard setback of 2.2 metres;
ii)Aside yard setback abutting Ottawa Street South of 10.4 metres;
iii)Aside yard setback abutting a corner visibility triangle of 4 metres;
iv) An interior side yard setback of 20 metres; and,
v)Arear yard setback of 25 metres.
b) The following uses shall not be permitted:
i)Conference, convention or exhibition facility;
ii)Automotive detailing and repair operation; and,
iii)Retail of motor vehicles and major recreational equipment.
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SECTION 20 Site Specific Provisions (71)
(71) Within the lands zoned COM-2 and shown as affected by this provision onZoning Grid
Schedule 220 of Appendix A, the following regulations shall apply:
a) The minimum rear yard setback shall be 3 metres; and,
b)Drive aisles giving direct access to abutting parking spaces shall not be located within 1
metre of the King Street East, Weber Street East and Florence Avenue street lines.
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SECTION 20 Site Specific Provisions (72)
(72) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid
Schedule 9, 10, 11, 12, 13, 18, 19, 20, 21, 32, 34, 47, 48, 65, 66, 70, 88, 93, 109, 111, 112, 133,
134, 150, 151, 152, 153, 154, 163, 164, 165, 166, 169, 170, 189, 203, 206, 207, 211, 214, 222,
223, 230, 231, 233, 235, 236, 237, 247, 248, 249, 255, 257, 265, 266, 268, 270, 271, 272, 273,
and 279 of Appendix 'A', existing stormwater management facilities shall be permitted.
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SECTION 20 Site Specific Provisions (73)
(73) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid
Schedule 215, 216, 243, 244, 259, 260, 279, 280, 281, 282, 286, 287, 288, 296, and 297 of
golf course shall also be permitted and nobuilding, except that which primarily
functions for maintenance or storage purposes, shall be located within 22 metres of a property
zoned for a low density residential use.
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SECTION 20 Site Specific Provisions (74)
(74) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid
Schedule 30, 165, 216, 232, 242, 250, 252, 254, 255, and 266 of Appendix 'A', existing
driveways,existing residential dwellings and any existing buildings or structures accessory
thereto shall be permitted.
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SECTION 20 Site Specific Provisions (75)
(75) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid
Schedule 278 of Appendix 'A', the existing tennis court shall be permitted.
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SECTION 20 Site Specific Provisions (76)
(76) Within the lands zoned EMP-3, EMP-4, and NHC-1 and shown as affected by this
following shall apply:
a) On lands zoned EMP-3, EMP-4, and NHC-1, the following uses shall be permitted:
i)Agriculture (1)
ii)Amusement park (1)
iii)Campground (1)
iv) Commercial Entertainment (2)
v)Conference, convention or exhibition facility (1)
vi) Convenience retail
vii) Curling Rink or Arena (1)
viii) Fitness centre (1)
ix) Golf course (1)
x)Outdoor active recreation (1)
b) On lands zoned EMP-3 and NHC-1, the following use shall be permitted:
i)Office (3)
c) -
shall not apply.
(1) Retail is permitted as an accessory use and shall be located on the same premises as the
principal use permitted in this provision to a maximum of 25 per-cent of the gross floor area
of the building.
(2) For the purposes of this provision, commercial entertainment shall be defined as follows:
Commercial Entertainment means the use of a premises for the entertainment of the
public and may 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/or play facility, but
shall not include an amusement park. Commercial Entertainment shall not include an adult
sex film theatre.
(3) An office is permitted to a total maximum gross floor area of 10,000 square metres on a lot.
Retail is permitted as an accessory use and shall be located on the same premises as the
office to a maximum of 25 per-cent of the gross floor area of the building.
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SECTION 20 Site Specific Provisions (77)
(77) Within the lands zoned REC-1 and shown as affected by this provision on Zoning Grid
facilities and buildings or structures devoted to the maintenance, administration and operation
thereof shall be permitted.
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SECTION 20 Site Specific Provisions (78)
(78) Within the lands zoned EMP-5 and shown as affected by this provision on Zoning Grid
Schedule 125, 126, 137 and 138 of Appendix 'A', office shall be permitted.
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SECTION 20 Site Specific Provisions (79)
(79) Within the lands zoned EMP-5 and shown as affected by this provision on Zoning Grid
Schedule 125, 126, 137, and 138 of Appendix A, no building shall be located within 7.62 metres
of a NHC-1 zone boundary.
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SECTION 20 Site Specific Provisions (80)
(80) Within the lands zoned REC-1 and shown as affected by this provision on Zoning Grid
Schedule 15, 16, 37, 3the
following shall apply:
a) The following uses are also permitted:
i)Golf course
ii) Curling Rink or Arena (1)
iii) Swimming Facility (1)
iv) Tennis Facility (1)
b) No building, except that which primarily functions for maintenance or storage purposes,
shall be located within 22 metres of a property zoned for a low densityresidential use.
(1) Shall be subordinate to and located on the same premises as a golf course
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SECTION 20 Site Specific Provisions (81)
(81) Within the lands zoned REC-1 and shown as affected by this provision on Zoning Grid
Schedule 41, 42, 69, 70, 71, 72, 80, 81, 87, 88, 89, 122, 123, 124, 125, 173 174, and 250 of
community facility shall be permitted:
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SECTION 20 Site Specific Provisions (82)
(82) Within the lands zoned EMP-5 and shown as affected by this provision on Zoning Grid
Schedule 167 of Appendix 'A', office shall be permitted within the existing building located
closest to Beasley Drive.
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SECTION 20 Site Specific Provisions (83)
(83) Within the lands zoned EMP-5 and shown as affected by this provision on Zoning Grid
Schedule 138 of Appendix 'A', an animal shelter shall be permitted.
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SECTION 20 Site Specific Provisions (84)
(84) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid
Schedule 249, 250, 252, and 253 of Appendix 'A', the following shall apply:
a) The following uses shall be permitted:
i)Place of Worship;
ii)Small Residential Care Facility in accordance with the regulations for the INS-1
zone within Section 11.3;
iii)Large Residential Care Facility in accordance with the regulations for the INS-1
zone within Section 11.3; and,
iv) Dwelling Units located within a mixed use building containing at least one other
permitted use listed in Table 9-1, and except for access, shall not be located on
the ground floor. The maximum floor space ratio for dwelling units shall be 2.
b) In addition to regulation (9) within Table 9-1, an office use shall also not exceed a floor
space ratio of 0.5.
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SECTION 20 Site Specific Provisions (85)
(85) Within the lands zoned MIX-1, MIX-2, and MIX-3 and shown as affected by this provision
on Zoning Grid Schedule 42, 125, 168, and 169 of Appendix A, the following shall apply:
a) A drive-through facility shall be permitted in accordance with Section 4.16.3 and shall be
located within a mixed-use building ormulti-unit building except for an existing drive-
through facility located within a free-standing building.
b)0parking spaces shall be required for a drive-through facility, and stacking spaces shall
be provided in accordance with Section 5.12 herein.
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SECTION 20 Site Specific Provisions (86)
(86) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid
Schedule 200, 201, 214 and 215 of Appendix 'A', the stamping, blanking or punch-pressing of
metal shall be permitted with the buildings existing on the date of passing of this By-law.
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SECTION 20 Site Specific Provisions (87)
(87) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid
Schedule 200, and 201 of Appendix A, the melting, casting, stamping, blanking or punch-
pressing of metal shall be permitted with the buildings existing on the date of passing of this By-
law.
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SECTION 20 Site Specific Provisions (88)
(88) Within the lands zoned COM-1 and COM-3 and shown as affected by this provision on
Schedule 35, 288, 289, veterinary services, only within an enclosed
building, shall be permitted.
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SECTION 20 Site Specific Provisions (89)
(89) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid
Schedule 227, 231 and 232 of Appendix A, the primary production of asphalt and concrete as
well as the reprocessing of returned asphalt and concrete shall be permitted on the lands,
provided that any new or expanded asphalt or concrete plant facilities are not located closer to
Forwell Road than the asphalt or concrete plant existing on the lands prior to the passing of By-
law 87-67.
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SECTION 20 Site Specific Provisions (90)
(90) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid
Schedule 17 of Appendix A, the following regulations shall apply:
a) The minimum northeasterly side yard setback shall be 2 metres; and,
b) The parking spacesanddrive aisles giving direct access to abutting parking spaces shall
be permitted to locate within 1 metre of the Fischer-Hallman Road street line.
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SECTION 20 Site Specific Provisions (91)
(91) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid
Schedule 126 and 127 of Appendix A, the following uses shall be permitted in the existing
building:
a);
b)Pet services establishment;
c)Carwash;
d)Commercial parking facility;
e)Outdoor active recreation;
f)Commercial school;
g)Craftsperson shop;
h)Financial establishment;
i)Fitness centre;
j)Funeral home;
k)Gas station;
l)Health clinic;
m)Health office;
n)Home occupation;
o)Hospice;
p)Hotel;
q)Indoor recreation;
r)Light repair operation;
s)Office;
t)Multiple dwelling;
u)Museum;
v)Personal services;
w)Place of worship;
x)Print shop;
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SECTION 20 Site Specific Provisions (91)
y)Restaurant;
z)Retail;
aa)Automotive detailing and repair operation;
bb)Veterinary Services;and,
cc) Warehouse.
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SECTION 20 Site Specific Provisions (92)
(92) Within the lands zoned EMP-4 and shown as affected by this provision on Zoning Grid
Schedule. 138, 139, and 178 of Appendix A, the following uses shall be permitted:
a)Office to a maximum floor space ratio of 0.5; and,
b)Convenience retail as an accessory use located on the same premises as the principal
use to a maximum of 25 per cent of the gross floor area of the building not to exceed
465 square metres of gross floor area.
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SECTION 20 Site Specific Provisions (93)
(93) Within the lands zoned COM-1 and COM-2 and shown as affected by this provision on
Zoning Grid Schedule 48, 49, 65, 139, 206 and 207 of Appendix A, a place of worship shall be
permitted.
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SECTION 20 Site Specific Provisions (94)
(94) Within the lands zoned MIX-1 and shown as affected by this provision on Zoning Grid
Schedule 210 of Appendix A, the following shall apply:
a) The maximum building height shall be 21 metres; and,
b) The minimum interior side yardandrear yardsetback abutting a hydro corridor shall be
1.5 metres.
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SECTION 20 Site Specific Provisions (95)
(95) Within the lands zoned EMP-5 and shown as affected by this provision on Zoning Grid
Schedule 137 of Appendix A, no buildings or structures shall be erected and only the following
shall be permitted:
a) Off-street surface parking and light vehicle access.
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SECTION 20 Site Specific Provisions (96)
(96) Within the lands zoned COM-1 and shown as affected by this provision on Zoning Grid
Schedule 262 and 263 of Appendix A, for uses located within the existing building, 41 parking
spaces shall be provided in accordance with all other requirements of Section 5 of this By-law.
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SECTION 20 Site Specific Provisions (97)
(97) Within the lands zoned INS-2 andshown as affected by this provision on Zoning Grid
Schedule 112 of Appendix A, the following shall apply:
a) The following uses shall be permitted:
i) Agriculture;
ii) Craftsperson shop;
iii) Exhibition facility;
iv) Museum;
v) Outdoor active recreation;
vi) Outdoor passive recreation; and,
vii) Single detached dwelling to a maximum of two (2) on the lot.
b) Despite Section 5.1 (Parking, Loading, and Stacking), parking associated with permitted
uses located on Plan 1471 Pt. Lots 12 and 13 may locate on Plan 1471 Pt. Lot 12 RP
55R-6714 Pt. 2.
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SECTION 20 Site Specific Provisions (98)
(98) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid
Schedule 71 of Appendix A, aparking lot with a maximum of four (4) parking spaces shall be
permitted not less than 0.8 metres from a street line and ingress and egress of motor vehicles to
and from the street shall be permitted in a reverse motion.
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SECTION 20 Site Specific Provisions (99)
(99) Within the lands zoned NHC-1 and REC-1 and shown as affected by this provision on
Zoning Grid Schedule 264 of Appendix A, existing cultural heritage resources shall be
permitted.
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SECTION 20 Site Specific Provisions (100)
(100) Within the lands zoned NHC-1 and REC-1 and shown as affected by this provision on
Zoning Grid Schedule 264 and 274 of Appendix A, flood and erosion control projects and
existing cultural heritage resources shall be permitted.
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SECTION 20 Site Specific Provisions (101)
(101) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 4, 5, 12, and 13 of Appendix A, the following shall apply:
a) The following uses shall not be permitted:
i)Car wash;
ii)Day care facility;
iii)Drive-through facility for a restaurant ;
iv) Gas station;
v)Hotel; and,
vi) Major Equipment Supply and Service.
b) A free-standing food store with a gross floor area greater than 465 square metres shall
not be permitted. The storage, preparation and display of food for sale may be permitted
to a maximum of 4,645 square metres of gross floor area internal to not more than one
retail store on the lot.
c) Retail of motor vehicles and major recreation equipment shall not be permitted as a
freestanding use but shall be permitted as a subordinate use located in the same
building as a permitted retail use.
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SECTION 20 Site Specific Provisions (102)
(102) Within the lands zoned MIX-2 shown and shown as affected by this provision on Zoning
Grid Schedule 125 and 126 of Appendix A the following uses shall not be permitted unless
existing at the date of passing of this By-law or the City of Kitchener has received
acknowledgement from the Ministry of the Environment advising that a Record of Site Condition
has been completed in accordance with the relevant Ontario legislation:
a)Day Care Facility
b)Large Residential Care Facility
c) Multiple Dwelling
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SECTION 20 Site Specific Provisions (103)
(103) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid
a)Single-detached dwelling;
b) including the assembly of street buggies but
shall not include an automotive detailing and repair operation;
c) Personal services; and,
d)Manufacturing.
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SECTION 20 Site Specific Provisions (104)
(104) Within the lands zoned MIX-2and shown as affected by this provision on Zoning Grid
Schedule 126 of Appendix A, the following uses shall not be permitted:
a)Day care facility;and,
b)Large residential care facility.
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SECTION 20 Site Specific Provisions (105)
(105) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid
Schedule 166, 167, 168, 169, 198, 199, 200 and 201 of Appendix A the following uses shall be
permitted:
a)Manufacturing including stamping, blanking or punch-pressing of metal;
b)Pet services establishment;
c)Pet boarding;
d)Computer, electronic or data server or processing establishment;
e)Financial establishment (1);
f)Private club or lodge;
g)Scientific, technological or communications establishment;
h)Research and development establishment;
i)Surveying, engineering, planning or design establishment (2);
j)Veterinary services;
k)Health office (3);
(1)Shall not be required to locate within a multi-unit building containing at least one permitted
use listed in Table 10-1 and individual units shall be permitted to exceed 1,500 square
metres of gross floor area.
(2)Shall be located within a multi-unit building.
(3)For the purposes of this regulation, health office shall be defined as follows:
Health Office means a building or part thereof in which a maximum of two health
professionals provide consultative, diagnostic and treatment services.
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SECTION 20 Site Specific Provisions (106)
(106) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid
Schedule 168 and 199 of Appendix A the following uses shall be permitted:
a)Manufacturing including stamping, blanking or punch-pressing of metal;
b)Pet services establishment;
c) Pet boarding;
d)Computer, electronic or data server or processing establishment;
e)Financial establishment (1);
f) Private club or lodge;
g)Scientific, technological or communications establishment;
h)Research and development establishment;
i) Surveying, engineering, planning or design establishment (2);
j)Veterinary services;
k) Health office (3);
l) Commercial recreation (4);
Additional Regulations
(1) Shall not be required to locate within a multi-unit building containing at least one permitted
use listed in Table 10-1 and individual units shall be permitted to exceed 1,500 square
metres of gross floor area.
(2) Shall be located within a multi-unit building.
(3) For the purposes of this regulation, health office shall be defined as:
Health Office means a building or part thereof in which a maximum of two health
professionals provide consultative, diagnostic and treatment services.
(4) For the purposes of this regulation, Commercial Recreation shall be defined as:
Commercial Recreation means the use of an establishment, for a fee, for the provision of
athletic and amusement facilities involving the active participation of the user-public in a
sports-related activity and shall include, for example, such facilities as racquet courts, fitness
club, billiard parlour, bowling alley, golf courses and driving range, skating or curling
surfaces, riding stables, water sports, go-kart track or amusement parks, but shall not
include an amusement arcade.
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SECTION 20 Site Specific Provisions (107)
(107) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid
Schedule 231 of Appendix A, outdoor recycling operation shall be permitted.
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SECTION 20 Site Specific Provisions (108)
(108) Within the lands zoned COM-1 and shown as affected by this provision on Zoning Grid
Schedule 226 of Appendix A,the following uses shall be permitted:
a)Commercial school;
b)Place of worship; and,
c) Veterinary service.
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SECTION 20 Site Specific Provisions (109)
(109) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid
Schedule 249, 250, 252, and 253 of Appendix A and shown in more detail on Property Detail
Schedule \[4\] of Appendix B, the following shall apply:
a)Asmall residential care facility and/or large residential care facility shall be permitted in
accordance with the regulations for the INS-1zone within section 11.3.
b)Car wash;gas station;large merchandise retail;retail of motor vehicles and recreational
equipment;stablishment;transportation depot and
warehouse shall not be permitted
c) Notwithstanding Section 32.3.5, a building may be permitted with a front yard setback of
1.7 metres from the proposed roundabout street line at New Dundee Road and Robert
Ferrie Drive.
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SECTION 20 Site Specific Provisions (110)
(110) Within the lands zoned MIX-2and shown as affected by this provision on Zoning Grid
Schedule 126 of Appendix A, dwelling units shall not be permitted.
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SECTION 20 Site Specific Provisions (111)
(111) Within the lands zoned AGR-1 and shown as affected by this provision on Zoning Grid
Schedule 60, 61, 97, and 98 of Appendix A, a pit shall also be permitted.
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SECTION 20 Site Specific Provisions (112)
(112) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 47 of Appendix A, only parking shall be permitted.
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SECTION 20 Site Specific Provisions (113)
(113) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid
Schedule 126 and 136 of Appendix A, the following uses shall be permitted:
a)Convenience retail;
b)Financial establishment;
c) Health office;
d)Personal services;
e)Restaurant;
f)Pet services establishment;
g)Veterinary services;
h)Office, up to a maximum of 186 square metresof the total building floor area; and,
i)Retail, up to a maximum of 186 square metresof the total building floor area.
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SECTION 20 Site Specific Provisions (114)
(114) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid
Schedule 232, 279, 280, 281 and 287 of Appendix A, outdoor recreation involving the
discharging of firearms shall not be permitted, which does not include archery tackle. Minor
modifications to the existing structure associated with the outdoor firing range, primarily for the
purpose of mitigating noise, shall be permitted.
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SECTION 20 Site Specific Provisions (115)
(115) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid
Schedule 72 of Appendix A, only the following uses shall be permitted:
a)Health clinic; and,
b)Health office.
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SECTION 20 Site Specific Provisions (116)
(116) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid
Schedule 232 of Appendix A, a driveway for the purpose of residential access shall be
permitted.
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SECTION 20 Site Specific Provisions (117)
(117) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid
Schedule 112 of Appendix A, a surface driveway may be permitted provided no structures of
any kind are erected thereon.
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SECTION 20 Site Specific Provisions (118)
(118) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid
Schedule 220 and 239 of Appendix A, the following shall apply:
a) The minimum floor space ratio shall be 1, and;
b) The maximum floor space ratio shall be 4.
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SECTION 21 Holding Provisions Page 1
SECTION 21 Holding Provisions
21.1 HOLDING PROVISIONS
No person shall use or permit the land to be used to which the hold applies for the uses
specified in the appropriate clause in the holding provision, erect a new building or
structure, or expand or replace an existing building or structure until the holding
provision is removed in accordance with Section 36 of the Planning Act.
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SECTION 21 Holding Provisions (1H)
(1H) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid
Schedule 73, 74, and 84 of Appendix A:
a) No residential use shall be permitted until such time as a Record of Site Condition is
submitted and acknowledged by the Ministry of the Environment. This Holding Provision
shall not be removed until the City of Kitchener is in receipt of a letter from the MOEE
advising that a Record of Site Condition has been completed to the satisfaction of the
Ministry of the Environment.
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SECTION 21 Holding Provisions (2H)
(2H) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid
Schedule 84 of Appendix A, the following uses and uses accessory thereto may be permitted in
accordance with the regulations of Section 5 (Parking) and Section 6 (UGC Zones) of this By-
law until such time as the holding symbol affecting the lands has been removed by By-law:
a) commercial parking facility not requiring building permit(s)
b) transportation depot not requiring building permit(s);
c) wayside pit;
d) construction trailer; and,
e) sales office and/or office of up to 500 square metres of gross floor area on each property
(unless located within a building existing on the date of passing of this By-law and in
accordance with the regulations of section 6, in which case no maximum gross floor area
shall apply).
The holding symbol shall not be removed until such time as:
a) The City and the Region are in receipt of a Record of Site Condition and a letter of
acknowledgement from the Ministry of the Environment or its delegate advising that a
Record of Site Condition has been completed in accordance with the Environmental
Protection Act, as amended;
b) A detailed Servicing Capacity Study for all phases of development has been completed
to the satisfaction of the Director of Engineering and Director of Utilities; and
c) The holding provision affecting these lands has been removed by by-law.
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SECTION 21 Holding Provisions (3H)
(3H) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid
Schedule 139 of Appendix A, a place of worship shall not be permitted until such time as:
a) The Region is in receipt of a Record of Site Condition prepared in accordance with the
Guideline for the Decommissioning and Clean-up of sites in Ontario and acknowledged
by the Ministry of the Environment, confirming that the subject property is suitable for
sensitive land uses; and
b) The holding provision affecting these lands has been removed by By-law.
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SECTION 21 Holding Provisions (4H)
(4H) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedules 295 and 296 of Appendix A, only agriculture excluding the use or erection of any
building shall be permitted until such time as:
a) The City is in receipt of a letter from the Region advising of decision on the future need
for these lands in relation to road projects identified in the Cambridge Area
Transportation Study; and,
b) The holding provision affecting these lands has been removed by By-law.
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SECTION 21 Holding Provisions (5H)
(5H) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid
Schedule 4, 5, 12, and 13 of Appendix A, an outdoor patio associated with a restaurant and at
which service is provided shall not be permitted within 500 metres of the limits of the Regional
Landfill site located to the west until such time as:
a) A Land Use Compatibility Study, including an Odour Impact Study, has been prepared to
the satisfaction of the Region, and has been approved by the Region; and,
b) The holding provision affecting these lands, or portion thereof, has been removed by By-
law.
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SECTION 21 Holding Provisions (6H)
(6H) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid
Schedule 125 and 126 of Appendix A, the following uses shall not be permitted:
a)Pet services establishment;
b)Day care facility;
c) Commercial school;
d)Financial establishment;
e)Health clinic;
f)Light repair operation;
g)Office;
h)Personal services;
i)Place of worship;
j)Restaurant;
k) Retail; and,
l)Studio.
The above uses shall not be permitted until such time as:
a) The lands have been consolidated with lands fronting Lancaster Street West and a site
plan including site access from Lancaster Street West and appropriate site buffering
measures has been approved by the City's Director of Planning, and;
b) The holding provisionaffecting these lands has been removed by By-law.
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SECTION 21 Holding Provisions (7H)
(7H) Within the lands zoned MIX-1 and shown as affected by this provision on Zoning Grid
Schedule 89, 90, 115, and 116 of Appendix A, the following shall apply:
a) No residential uses,places of worship,day care facility,adult education school,
commercial school,post-secondary school or, secondary school shall be permitted until
such time as the City is in receipt of a letter from the Region advising that the
requirements have been satisfied with respect to the submission of a detailed stationary
and traffic noise assessment, based on the proposed site plan, to address compatibility,
and this holding provision has been removed by By-law; and,
b) No uses shall be permitted until such time as the City and the Region are in receipt of a
Record of Site Condition, prepared in accordance with the Guideline for the
Decommissioning and Clean-up of Sites in Ontario and acknowledged by the Ministry of
the Environment, confirming that the subject property is suitable for residential and other
sensitive uses, and this holding provision has been removed by By-law.
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SECTION 21 Holding Provisions (8H)
(8H) Within the lands zoned EMP-1 and shown as affected by this provision on Zoning Grid
Schedule 123 of Appendix A, a day care facility shall not be permitted until such time as:
a) The Region is in receipt of a Record of Site Condition prepared in accordance with the
Guideline for the Decommissioning and Clean-up of sites in Ontario and acknowledged
by the Ministry of the Environment, confirming that the subject property is suitable for
sensitive land uses; and,
b) The holding provision affecting these lands has been removed by by-law.
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SECTION 21 Holding Provisions (9H)
(9H)Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid
Schedule 265 and 266 of Appendix A and Property Detail Schedule \[3\]
residential uses, place of worship or day care facility shall be permitted until such time as the
Region and the requirements have been satisfied with respect to the submission of a
detailed Noise Study, including mechanisms to implement the study, and this holding provision
has been removed by by-law.
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SECTION 21 Holding Provisions (10H)
(10H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid
Schedule 220 and 221 of Appendix A, the following shall apply:
a) No uses shall be permitted until such time as the City and the Region are in receipt of a
Record of Site Condition, prepared in accordance with O. Reg. 153/04, as amended,
under the Environmental Protection Act 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 this holding provision has been removed
by by-law.
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SECTION 21 Holding Provisions (11H)
(11H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid
Schedule 220 and 221 of Appendix A, no development on the lands shall occur until such time
as the Director of Planning is in receipt of a letter from the Director of Engineering
advising that sanitary forcemain upgrades, and any other necessary sanitary infrastructure
upgrades, to support the proposed development have been satisfactorily completed, and this
holding provision has been removed by by-law.
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SECTION 21 Holding Provisions (12H)
(12H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid
Schedule 265 and 266 of Appendix A and Property Detail Schedule \[3\] of Appendix B, no
development on the lands above a sanitary sewer flow rate of 14 L/s shall occur until such time
as the Director of Engineering is satisfied that the sanitary sewers are adequate to handle
additional development and this holding provision has been removed by By-law.
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SECTION 21 Holding Provisions (13H)
(13H) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid
Schedule 217 and 242 of Appendix A, no person shall develop or redevelop lands until such
time as:
a) A clearance letter is received from the Region advising the City of Planning
b) A clearance letter is received from the City Director of Engineering advising the
Director of Planning that adequate City
c) The holding provision has been removed by by-law:
This holding provision shall apply to all uses except those uses existingonlotsexistingon
October 11, 1994.
(1) "Available" means the necessary provision of municipal services and/or roadworks to the
level of construction, state of completion, or period of commissioning as the Director of
Engineering and/or the Region determines to be appropriate.
(2) "Acceptable Arrangements" means that the necessary agreements for the provision of
services and/or roadworks have been entered into with the City or Region,as the case may
be and registered on title, engineering design has been approved and the necessary and
related financial guarantees have been received by the relevant municipality.
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SECTION 21 Holding Provisions (14H)
(14H) Within the lands zoned MIX-2and shown as affected by this provision on Zoning Grid
Schedule 220 and 239 of Appendix A, the maximum floor space ratio shall be 2 until such time
as the Director of Engineering is satisfied that the sanitary sewers are adequate to handle
additional development and this holding provision has been removed by By-law.
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SECTION 22 Temporary Use Provisions Page 1
SECTION 22 Temporary Use Provisions
22.1 TEMPORARY USE PROVISIONS
Temporary use provisions modify other provisions of this By-law for specific lots. All
other provisions of this By-law shall continue to apply. In the event of a conflict between
the temporary use provision and the provisions of the underlying zones, the temporary
use provision will supersede only to the extent of the conflict.
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SECTION 22 Temporary Use Provisions (1T)
(1T)Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid
structures without plumbing
services, ancillary to the residential care facility shall also be permitted, for a time period of 3
years effective December 12, 2016.
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Appendix A Zoning Grid
Schedules
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Appendix A Zoning Grid Schedules
Appendix A available at:
www.kitchener.ca/crozby
Or contact the Planning Division at 519-741-2426 for alternative formats
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Appendix B Property
Detail Schedules
City of Kitchener Final Draft Zoning By-law (April 2018)
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Appendix B Property Detail Schedules
Appendix B Property Detail:
www.kitchener.ca/crozby
Or contact the Planning Division at 519-741-2426 for alternative formats
City of Kitchener Final Draft Zoning By-law (April 2018)
1 - 265
Appendix C Grand River
Conservation Authority
Regulated Area
City of Kitchener Final Draft Zoning By-law (April 2018)
1 - 266
Appendix C Grand River Conservation Authority Regulated Area
Appendix C Grand River Conservation Authority Regulated Areaavailable at:
www.kitchener.ca/crozby
Or contact the Planning Division at 519-741-2426 for alternative formats
City of Kitchener Final Draft Zoning By-law (April 2018)
1 - 267
DSD-18-002
Appendix B
AMENDMENT NO. ____ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
1 - 268
AMENDMENT NO. ___ TO THE OFFICIAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
INDEX
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
APPENDICES
APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of April 30, 2018 and May 8, 2018
APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee April 30, 2018 and May 8, 2018
APPENDIX 3 Minutes of the Meeting of City Council TBD
1 - 269
AMENDMENT NO. # TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER
SECTION 1 TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No. ___ to the Official Plan of the City of
Kitchener. This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 PURPOSE OF THE AMENDMENT
The purpose of the Official Plan Amendment is to incorporate certain modifications to the text and
-law. The effect of the
changes are to clarify the intent of certain policies; redesignate a number of properties to reflect the
intended future use of these lands, update Bonusing implementation policies, and; modify site
specific policies and policy areas.
SECTION 3 BASIS OF THE AMENDMENT
The effect of the amendment is to incorporate certain modifications to the text and schedules to
-law. It is necessary to align the
detailed review and provisions of the new comprehensive zoning by-law with the policies and
mapping of the Official Plan.
This Official Plan amendment is consistent with and conforms to the Provincial Policy Statement
(2014), the provincial Places to Grow Act (2005) and Growth Plan for the Greater Golden
Horseshoe (2017) and the Regional Official Plan (2009).
SECTION 4 THE AMENDMENT
1. The City of Kitchener Official Plan is hereby amended as follows:
a)
b) Part D, Section 15.D.2.41 is deleted in its entirety;
c) Part D, Sections 15.D.2.60 and 15.D.2.61 are amended by deleting them in their
entirety and replacing them with the following:
Floor Space Ratio for all new development or
redevelopment will be 3.0. Notwithstanding the foregoing, for lands bounded by
Duke Street, Eby Street, Market Lane and Scott Street and for lands with
frontage on Duke Street, the maximum Floor Space Ratio will be 1.0
d) Part D, Section 15.D.2 is amended by renumbering Sections 15.D.2.42 to
15.D.2.41 as 15.D.2.59 to 15.D.2.66;
e) Part D, Section 15.D.12.4 c) is amended by deleting i) in its entirety and
replacing it with the following:
Floor Space Ratio of 2.0;
f) Part D, Section 15.D.8.5 d) is amended by deleting it in its entirety and
renumbering 15.D.8.5 e) to 15.D.8.5 d);
3
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g) Part D, Section 15.D.12.4 c) is further amended by adding the following after ii)
.
h) Part D, Section 15.D.12.30 is amended by deleting the text in the name of the
i) Part D, Section 15.D.12.30 is amended by adding the following after d):
e) Notwithstanding the General Industrial Employment land use designation and
policies on the lands legally described as Part of Lot 31, Registered Plan
1489, more particularly described as Blocks 1-3, 7-14 and, 23 of Draft
Approved Plan of Subdivision 30T-13202 (last revised July 27, 2016),
municipally known as 1011 and 1111 Homer Watson Boulevard, the following
additional uses will also be permitted:
i) canine or feline grooming and associated boarding and training;
ii) commercial recreation, for Block 2 only;
iii) computer, electronic or data server or processing establishment;
iv) financial establishment;
v) health office;
vi) private club or lodge;
vii) scientific, technological or communications establishment;
viii) surveying, engineering, planning or design establishment only as an
accessory use to a permitted use or located in a building used for
other permitted uses, and shall not exceed 25 per cent of the gross
floor area to a maximum gross floor area of 10,000 square metres;
and,
ix) veterinary services.;
j) sentence
k) Part E, Section 17.E.17.2 a) is amended by deleting it in its entirety and replacing
it with the following:
enhanced
stormw
l) Part E, Section 17.E.17.2 g) is amended by deleting it in its entirety and replacing
it with the following:
the City in a structure not visible
m) Part E, Section 17.E.17.2 j) is amended by deleting it in its entirety and replacing
it with the following:
;
n) Part E, Section 17.E.17.2 k) is amended by deleting it in its entirety and replacing
it with the following:
at, or equivalent to LEED
standards or similar site or building rating system;
o) Part E, Section 17.E.17.2 m) is amended by deleting it in its entirety and
replacing it with the following:
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privately-owned indoor or outdoor amenity areas which are
accessible to and equipped for the use by the general public for passive or active
r;
p) Part E, Section 17.E.17.2 n) is amended by deleting it in its entirety and replacing
it with the following:
the provision of public art;
q) Part E, Section 17.E.17.2 o) is amended by deleting it in its entirety and replacing
it with the following:
, in a variety of dwelling unit sizes, in the Urban
Growth Centre (Downtown) in mixed use buildings.;
r) Part E, Section 17.E.17.2 is amended by adding the following after o):
the provision of enhanced streetscape elements;
q) the provision of architectural excellence;
r)the provision of a food store in a multi-unit building or mixed use building; or
s) the provision of business incubator space for a social, environmental, heath,
;
s)
development
City will require the owner to enter into one or more legal agreements
to be reg
t) Part E, Section 17.E.17 is amended by adding the following after section
17.E.17.6:
complete application.";
17.E.17.8 The City may provide further guidance for the implementation of
Bonusing such as
u) Part F, Schedule B: Other Information and Materials is amended by inserting the
Affordable Housing Report
v) Amend Map No. 2 Urban Structure by:
i) Identifying 956-962 Glasgow Street as a
w) Amend Map No. 3 Land Use by:
i) Designating 956-
ii) Designating 95 Fairway Road North, 99 Fairway Road North, 86 Morgan
as shown on the attached Schedule
;
iii)
iv)
shown on the attached E;
5
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v) Designating 707 Ottawa Street South, 715 Ottawa Street South, 721
Ottawa Street South, 725 Ottawa Street South, 795 Ottawa Street South,
800 Ottawa Street South, 44 Alpine Road and, 300 Homer Watson
Bouleva
the attached ;
vi) Designating 35-37 Bleams Road, 45-45 Bleams Road, 81 Bleams Road,
115 Bleams Road, 44, Otonabee Drive, 45 Otonabee Drive, 60 Otonabee
Drive, 63 Otonabee Drive, 70 Otonabee Drive, 120 Otonabee Drive, 130
Otonabee Drive, 146 Otonabee Drive, 154 Otonabee Drive, 160
Otonabee Drive/36 Sasaga Drive, 45 Sasaga Drive, 65 Sasaga Drive,
107 Manitou Drive, 133 Manitou Drive, 149 Manitou Drive, 209 Manitou
Drive, 227 Manitou Drive, 241 Manitou Drive, 257 Manitou Drive, 277
Mannitou Drive, 299 Manitou Drive, 50 Manitou Drive, 110 Manitou Drive,
148 Manitou Drive, 262 Manitou Drive, 270-280 Manitou Drive, 300
Manitou Drive, 326-332 Manitou Drive, 334 Manitou Drive and , 440
Manitou Drive
vii) Designating 685 Fisher Hallman Road, 715 Fischer Hallman Road, PT
Towerview Av PL 820 Kitchener, PT 1, 58R6858, and; PT LOT 1-3,
PL820 Kitchener, PT LT 47 German Company Tract Kitchener, as in
B46046 and 360874 (thirdly and fourthly), Lying W of PT9 58R10182,
Kitchener
x) Amend Map No. 4 Urban Growth Centre (Downtown) by:
i)
as shown on the attached Sched
ii) Renaming Specif
hown on
iii)
St S/Courtland Ave E (Policy 15
hown on the attached
iv) Remaining
J
y) Amend Map No. 5 Specific Policy Areas by:
i) Adding the lands legally described as Part of Lot 31, Registered Plan
1489, more particularly described as Blocks 1-3, 7-17 and, 22-23 of Draft
Approved Plan of Subdivision 30T-13202 (last revised July 27, 2016),
municipally known as 1011 and 1111 Homer Watson Boulevard to
Specific Policy Area 30 as shown on the attached ;
ii) Renaming Specific Pol30. 1011 Homer
, as shown on
.
6
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APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives
Committee of April 30, 2018 and May 8, 2018
Advertised in The Record April 6, 2018
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED NEW ZONING BY-
UNDER SECTIONS 22, 26 AND 34 OF THE PLANNING ACT
The City of Kitchener is conducting a comprehensive review of its zoning by-
Official Plan. Zoning by-laws are legal documents that divide the city into different land-use zones, specifying permitted
uses (e.g. employment or commercial) and required standards (e.g. building size and location).
Two STATUTORY PUBLIC OPEN HOUSES, as per the Planning Act, were held on June 10 and 11, 2014 to obtain
preliminary ideas or suggestions -law. Because of the amount of
information and zones being reviewed, a first draft of the new zoning by-law was tabled through a series of components
beginning in March 2015. The first draft new zoning by-law was made available for public comment through seven (7)
separate open houses from March 2015 to June 2017.
-law, including mapping,
be available for pwww.kitchener.ca/crozby, by April 10, 2018.
Final Draft Zoning By-law
The final draft new zoning by-law is proposed to apply to certain properties across the entire city. The follow provides a
summary of what is and is not included in the final draft new zoning by-law being tabled at the public meeting:
Included in Spring 2018 Final DraftNot Included in Spring 2018 Final Draft
General Scope, Administrationand InterpretationResidential zones
DefinitionsGeneral regulations related only to residential zones
General Regulations (includes bonusing regulations)Certain parking/loading/stacking provisions related to
residential zones (e.g. driveway and garage
Parking, Loading, and Stacking
regulations)
Urban Growth Centre (Downtown) Zones
The application of new zones in specific areas as
Mixed Use Zones
follows:
Commercial Zones
Bridgeport East Community PlanArea**
Employment Zones
North Ward Secondary Plan area
Institutional Zones
Lands within the Central Neighbourhood
Agriculture Zones
Secondary Plan areas
Natural HeritageZones*
Lands within Planning Around Rapid Transit
Existing Use Floodplain Zone
Station areas
Recreation Zone
Hidden Valley Community Plan areas
Major Infrastructure and Utility Zone
Upper and Lower DoonCommunity Planareas
Stormwater Management Zone
Rosenberg Secondary Plan area
Overlays
Lands with an Official Plan land use that remains
Transition Provisions
under appeal
Site Specific Provisions, Holding Provisions and
The application of the NHC-1 zones on properties
Temporary Use Provisions
proposed to be split zoned NHC-1 and a RES zone
Zoning Grid Schedules -These will show where the
new zones will apply, will include any site specific
provisions
egulated
area(for information only)
The application of all of the above-mentioned zones
on specific properties
*The NHC-1 zone will only be applied to properties that are proposed to be entirely zoned NHC-1 as well as to properties
that are proposed to be split zoned NHC-1 and another zone from this final draft
1 - 274
**The proposed NHC-1 and EUF-1 zone will be applied to lands within the Bridgeport East Community Plan Area
Draft Official Plan Amendment
An Official Plan amendment is being proposed to align the detailed review and provisions of the final draft zoning by-law
with the Official Plan. Specifically, the Official Plan amendment proposes to adjust the land uses in certain areas of the
City (e.g. properties adjacent to commercial campus (e.g. Sunrise Centre) lands; employment lands in the vicinity of
Bleams Road and Manitou Drive) to better reflect the intended use of these lands in the future. The Official Plan
amendment also proposes to clarify the maximum permitted floor space ratio in the Market District of downtown and
clarify Planning Act Bonusing community benefits and process. Additionally, two site specific policies (specific policy
areas 12 and 30) are proposed to be amended to clarify the intent of the land uses and development parameters
permitted on these lands.
-law and associat
Official Plan will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with
planning matters, on:
Session 1 Monday, April 30, 2018 at 7 p.m.
Session 2 Tuesday, May 8, 2018 at 2 p.m.
Session 3 Tuesday, May 8, 2018 at 7 p.m.
nd
Council Chambers, 2 Floor, City Hall
200 King Street West, Kitchener
If you would like to speak at the public meeting, please register in advance at www.kitchener.ca/delegationsorby calling
-2200, ext. 7275. Please indicate which public meeting session number you will be attending.
nd
Written submissions can be sent to the Clerks Office, 2floor, 200 King Street West, Kitchener, ON, N2G 4G7.
Any person may attend the public meeting and make written and/or verbal representation either in support of, or in
opposition to, the above noted zoning by-law and/or Official Plan amendment. If a person or public body would
otherwise have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal,
but the person or public body does not make oral submissions at a public meeting or make written submissions
to the City of Kitchener prior to approval/refusal of the zoning by-law and/or Official Plan amendment,the person
or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff persons noted below, viewing the staff report contained in
the agenda (available approximately 10 days before the meeting - https://calendar.kitchener.ca/council - click on the date in
th
the calendar, scroll down & select meeting), or in person at the Planning Division, 6 Floor, 200 King Street West, Kitchener
between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Natalie Goss, Senior Planner - 519-741-2200 ext. 7067 (TTY: 1-866-969-9994); crozby@kitchener.ca
Lauren Nelson, Planner 519-741-2200 ext. 7319 (TTY: 1-866-969-9994); crozby@kitchener.ca
Richard Kelly-Ruetz, Technical Assistant (Policy) - 519-741-2200 ext. 7110 (TTY: 1-866-969-9994);
crozby@kitchener.ca
8
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APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives
Committee April 30, 2018 and May 8, 2018
9
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APPENDIX 3 Minutes of the Meeting of City Council TBD
10
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OFFICIAL PLAN
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AMENDMENT TO MAP 4
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Boundary City Centre DistrictInnovation DistrictMixed UseBoundary
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15.D.2.64)3. From David St/Queen St S/Courtland Ave E (Policy 15.D.2.67) To David St/Queen St S/Courtland Ave E (Policy 15.D.2.65)4. From 98, 100, 100 ½ AND 110 Victoria St
S and 55 Bramm St (Policy 15.D.2.68) To 98, 100, 100 ½ AND 110 Victoria St S and 55 Bramm St (Policy 15.D.2.66)
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APPENDIX C
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED NEW ZONING BY-LAW
UNDER SECTIONS 22, 26 AND 34 OF THE PLANNING ACT
The City of Kitchener is conducting a comprehensive review of its zoning by-
Official Plan. Zoning by-laws are legal documents that divide the city into different land-use zones, specifying permitted
uses (e.g. employment or commercial) and required standards (e.g. building size and location).
Two STATUTORY PUBLIC OPEN HOUSES, as per the Planning Act, were held on June 10 and 11, 2014 to obtain
preliminary ideas or suggestions to be considered in drafting the new zoning by-law. Because of the amount of
information and zones being reviewed, a first draft of the new zoning by-law was tabled through a series of components
beginning in March 2015. The first draft new zoning by-law was made available for public comment through seven (7)
separate open houses from March 2015 to June 2017.
A final draft of the new zoning by-law, including mapping, and associated amendment to the Official Plan will
be available for public review and comment on the cwww.kitchener.ca/crozby,by April 10, 2018.
Final Draft Zoning By-law
The final draft new zoning by-law is proposed to apply to certain properties across the entire city.The follow provides a
summary of what is and is not included in the final draft new zoning by-law being tabled at the public meeting:
Included in Spring 2018 Final DraftNot Included in Spring 2018 Final Draft
General Scope, Administration and InterpretationResidential zones
DefinitionsGeneral regulations related only to residential zones
General Regulations (includesbonusing regulations)Certainparking/loading/stacking provisions related to
residential zones (e.g. driveway and garage
Parking, Loading, and Stacking
regulations)
Urban Growth Centre (Downtown) Zones
The application of new zones in specific areas as
Mixed Use Zones
follows:
Commercial Zones
Bridgeport East Community Plan Area**
Employment Zones
North Ward Secondary Plan area
Institutional Zones
Lands within the Central Neighbourhood
Agriculture Zones
Secondary Plan areas
Natural Heritage Zones*
Lands within Planning Around Rapid Transit
Existing Use Floodplain Zone
Station areas
Recreation Zone
Hidden Valley Community Plan areas
Major Infrastructure and Utility Zone
Upper and Lower Doon Community Plan areas
Stormwater Management Zone
Rosenberg Secondary Plan area
Overlays
Lands with an Official Plan land use that remains
Transition Provisions
underappeal
Site Specific Provisions, Holding Provisions and
The application of the NHC-1 zones on properties
Temporary Use Provisions
proposed to be split zoned NHC-1 and a RES zone
Zoning Grid Schedules -These will show where the
new zones will apply, will include any site specific
provisions
area (for information only)
The application of all of the above-mentioned zones
on specific properties
*The NHC-1 zone will only be applied to properties that are proposed to be entirely zoned NHC-1 as well as to properties
that are proposed to be split zoned NHC-1 and another zone from this final draft
**The proposed NHC-1 and EUF-1 zone will be applied to lands within the Bridgeport East Community Plan Area
Draft Official Plan Amendment
An Official Plan amendment is being proposed to align the detailed review and provisions of the final draft zoning by-law
with the Official Plan. Specifically, the Official Plan amendment proposes to adjust the land uses in certain areas of the
city (e.g. properties adjacent to commercial campus (e.g. Sunrise Centre) lands; employment lands in the vicinity of
1 - 288
Bleams Road and Manitou Drive) to better reflect the intended use of these lands in the future. The Official Plan
amendment also proposes to clarify the maximum permitted floor space ratio in the Market District of downtown and
clarify Planning Act Bonusing community benefits and process. Additionally, two site specific policies (specific policy
areas 12 and 30) are proposed to be amended to clarify the intent of the land uses and development parameters
permitted on these lands.
The public meeting to consider the final draft of the czoning by-law and associated amendment to the c
Official Plan will be held by the Planning & Strategic Initiatives Committee, a committee of council which deals with
planning matters, on:
Session 1 Monday, April 30, 2018 at 7 p.m.
Session 2 Tuesday, May 8, 2018 at 2 p.m.
Session 3 Tuesday, May 8, 2018 at 7 p.m.
nd
Council Chambers, 2 Floor, City Hall
200 King Street West, Kitchener
If you would like to speak at the public meeting, please register in advance atwww.kitchener.ca/delegationsorby calling
fice at 741-2200, ext. 7275. Please indicate which public meeting session number you will be attending.
nd
Written submissions can be sent to the Clerks Office, 2floor, 200 King Street West, Kitchener, ON, N2G 4G7.
Any person may attend the public meeting and make written and/or verbal representation either in support of, or in
opposition to, the above noted zoning by-law and/or Official Plan amendment.If a person or public body would
otherwise have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal,
but the person or public body does not make oral submissions at a public meeting or make written submissions
to the City of Kitchener prior to approval/refusal of the zoning by-law and/or Official Plan amendment,the person
or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATION is available by contacting the staff persons notedbelow, viewing the staff report contained in
the agenda (available approximately 10 days before the meeting - https://calendar.kitchener.ca/council - click on the date in
th
thecalendar, scroll down & select meeting), or in person at the Planning Division, 6 Floor, 200 King Street West, Kitchener
between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Natalie Goss, Senior Planner - 519-741-2200 ext. 7067 (TTY: 1-866-969-9994);crozby@kitchener.ca
Lauren Nelson, Planner 519-741-2200 ext. 7319 (TTY: 1-866-969-9994); crozby@kitchener.ca
Richard Kelly-Ruetz, Technical Assistant (Policy) - 519-741-2200 ext. 7110 (TTY: 1-866-969-9994);
crozby@kitchener.ca
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PLANNING & STRATEGIC INITIATIVES COMMITTEE
Page 1 UNFINISHED BUSINESS2018-04-30
SUBJECT (INITIATOR) DATETARGET STAFF
INITIALLY DATE/STATUS ASSIGNED
CONSIDERED
Financial implications analysis of enhanced 2012-06-18Future PSI B.Sloan
streetscape options for Fischer Hallman Rd design (PSI)Meeting
improvements (over and above baseline capital and
operating budgets)
IF1 - 1