Allandale Major Transit Station Area (MTSA) Community Planning Permit By-law No. 2026-073
Barrie, Ontario
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City of Barrie
Community Planning Permit System:
Allandale Major Transit Station Area (MTSA)
Community Planning Permit By-law
June 17, 2026
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Allandale MTSA Community Planning Permit By-law
Contents
1
Application and Administration ................................................................................. 3
2
Interpretation .......................................................................................................... 28
3
General Standards and Provisions ......................................................................... 32
4
Parking and Loading .............................................................................................. 49
5
Allandale Major Transit Station Area Districts ........................................................ 54
6
Heritage Character (HC) Provisions ....................................................................... 68
7
Tree Preservation ................................................................................................... 74
8
Definitions .............................................................................................................. 76
9
Schedules .............................................................................................................. 91
Schedule A - Community Planning Permit Area and Allandale Major Transit Station
Area Boundaries ........................................................................................................ 92
Schedule B - Heritage Properties ............................................................................. 93
Schedule C - List of Technical Studies and Reports ................................................. 94
Schedule D - Community Planning Permit Districts .................................................. 97
Schedule E - Transportation Network ....................................................................... 98
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1 Application and Administration
1.1 By-law Title
This By-law may be cited as the "Allandale Community Planning Permit By-law"
of the City of Barrie.
1.2 Scope
The standards of this By-law apply to all lands in the Community Planning Permit
Area, shown on Schedule A of this By-law.
1.3 Effective Date
This By-law shall come into force and effect on the date that it is passed.
1.4 Repeal of Superseded By-laws
1.4.1 On the day that this By-law comes into force and effect, Zoning By-law 2009-141
and Site Plan Control By-law 99-312 will be deemed to no longer apply to lands
within the Community Planning Permit Area as delineated and identified on
Schedule A to this By-law.
1.4.2 Notwithstanding the above, those site-specific zoning by-law amendments
("special provisions") described in Section 1.29.4 b. of this By-law will remain in
force and effect.
1.5 Administration
Council delegates the administration of this By-law to the Executive Director of
Development Services.
1.6 Compliance with this By-law
1.6.1 All development or changes to the use of land within the Community Planning
Permit Area to which this By-law applies, shall require a community planning
permit.
1.6.2 No building or structure shall be erected or altered, and no change of use of any
building, structure, land, premises, or any part thereof shall be made, except in
compliance with the standards of this By-law.
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1.6.3 No municipal permit, certificate, or license may be issued if the permit, certificate,
or license is required for a use of land or erection, alteration, enlargement or use
of any building or structure that is not in conformity and compliance with this By-
law.
1.6.4 No person, other than a public authority, may reduce any lot by conveyance or
otherwise so that it does not meet the requirements of this By-law, or if it did not
meet the requirements initially, so that it is further from meeting them.
1.7 Inspection of Premises
The Chief Building Official, By-law Enforcement Officer, By-law Administrator, or
any officer or employee appointed by the City, upon producing proper
identification, may enter at all reasonable times to inspect and examine any
building or premises for the purpose of carrying out their duties under this By-law.
However, no officer or person acting under their instruction shall enter any room
or place used as a dwelling unit without the consent of the owner or without a
warrant issued pursuant to the Provincial Offences Act.
1.8 Violations, Penalties, and Remedies
1.8.1 Every person, or if the person is a corporation, every director or officer of the
corporation, who contravenes any of the provisions of this By-law is guilty of an
offence and, on conviction thereof, shall be subject to penalties in accordance
with Section 67 and 67.1 of the Planning Act.
1.8.2 Where any building or structure is, or is proposed to be, erected, altered,
reconstructed, extended, or enlarged or used in contravention of any requirement
of this By-law, such contravention may be removed or altered by action of the
City pursuant to the relevant provisions of the Planning Act or the Municipal Act,
as amended.
1.8.3 Where a person guilty of an offence under this By-law has been directed to
remedy any violation and is in default of doing any matter or thing required, the
City may make such remedy at the expense of such person.
1.8.4 Where a person has refused or neglected to reimburse the City for the cost of
such work, thing, or matter done, the same may be recovered by the City by an
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action or otherwise and such amount shall be added to the collectors roll and
form a lien in a like manner as municipal taxes.
1.8.5 Where any by-law of the municipality passed under the authority of the Planning
Act, is contravened and a conviction entered, in addition to any other remedy and
to any penalty imposed by the by-law, the Court in which the conviction has been
entered, and any court of competent jurisdiction thereafter, may make an order
prohibiting the continuation or repetition of the offence by the person or persons
convicted.
1.8.6 If a use has been investigated by the appropriate authority and considered by
such authority to be unlawful under any Federal or Provincial legislation, it is
deemed not to be permitted.
1.9 Exemptions
1.9.1 Community Planning Permit Exemptions
Notwithstanding any standard in this By-law to the contrary, the following types of
development shall not require a community planning permit:
a. An activity involving only site alteration subject to the Site Alteration By-law,
as amended.
b. Any development consistent with site plan control approval issued pursuant
to the Site Plan Control By-law 99-312 prior to the effective date of this By-
law, as amended.
c. Any development consistent with a minor variance approval granted prior to
the effective date of this By-law.
d. Infrastructure projects initiated by a public authority.
e. Projects by publicly assisted universities for the objects of the institution,
including colleges and universities federated or affiliated with a publicly
assisted university, in accordance with the Planning Act.
f. Repairing or rebuilding a building or structure which constitutes a legal non-
conforming use if:
i. The development is solely limited to the repairing or rebuilding of a
building or structure which constitutes a legal non-conforming use;
ii. The building or structure is situated in the same location; and
iii. The works do not increase the height, size, volume, or change the use
of the building or structure.
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1.9.2 Exemptions under the Planning Act
Where development is exempt from the provisions of the Planning Act,
development is only exempt to the extent that the Planning Act provides for.
1.9.3 Additional Exemptions
For further clarity, the following activities are required to comply with all
applicable standards of this By-law, but do not require a community planning
permit:
a. Interior alteration to an existing building, if there is not change in use, or
intensification.
b. Repairs and maintenance of any lawfully existing and established buildings or
structures such as the replacement of windows, doors, stairs, and decks, that
will not result in changes to the footprint, location, height, gross floor area, or
heritage attributes of the building or structure.
c. Repairs and replacement of lawfully existing established buildings and
foundations provided that the works do not involve the placement of fill,
alteration of existing grades, or changes to the footprint, location, height, or
gross floor area of the building or structure.
d. Minor works that meet the provisions of this By-law where it is deemed
appropriate by the Executive Director of Development Services, or their
designate.
e. A new detached building, or semi-detached building, an addition to a
detached building, or semi-detached building, and/or any associated
accessory building or structure, including additional residential unit(s), that
meet all requirements of this By-law.
f. A new rowhouse, an addition to a rowhouse and/or any associated
accessory structure, including additional residential unit(s), that meets all
requirements of the By-law.
g. Residential accessory structures in compliance with all the requirements of
this By-law.
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h. Awnings, fences, gazebos, porches, swimming pools, and hot tubs that meet
all the requirements and standards of this By-law.
i. Storage sheds no greater than 15 square metres in gross floor area.
j. Landscaping on lots containing a detached building, semi-detached
building, or rowhouse, provided that the landscaping does not involve the
removal of significant trees or alteration of the grade of the land.
1.10 Permit Classifications, Approval Authority, Public Notice, and Conditions
1.10.1 This By-law establishes three permit classifications of community planning permit
as set out in Table 1: Community Planning Permit Classifications and Approval
Authority.
Table 1: Community Planning Permit Classifications and Approval Authority
Permit
Class
Description
Approval
Authority
1
Application meets one or more of the following criteria:
- Application addresses all criteria for community
planning permit approval as established in
Section 1.18 - Approval Criteria to the
satisfaction of the Approval Authority and no
variation is required; and/or
- The application seeks the removal of a
significant tree, in accordance with Section 7.
Executive
Director of
Development
Services, or
their designate
2
Application addresses the criteria for community
planning permit approval as established in 1.18 -
Approval Criteria to the satisfaction of the Approval
Authority, and/or:
- Requires variation(s) from the development
standards of this By-law, within the variation limits
established by Section 1.11 - Discretionary Uses,
and those described within the District specific
development standards tables:
Executive
Director of
Development
Services, or
their designate
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o Table 10: Allandale Neighbourhood One
(A-N1) Development Standards.
o Table 11: Allandale Neighbourhood Two
(A-N2) Development Standards.
o Table 12: Allandale Mixed Use One (A-
MU1) Development Standards.
o Table 13: Allandale Mixed Use Two (A-
MU2) Development Standards.
o Table 14: Allandale Community Hub (A-
CH) Development Standards.
- Requires variation(s) from the General Standards
and Provisions established in Section 3;
- Requires variation(s) from the Parking and
Loading standards established in Section 4;
- Requires the approval of a discretionary use;
- Development on, or alteration to, property
designated under Part IV of the Ontario Heritage
Act;
- Development on lands adjacent to a property
designated under Part IV of the Ontario Heritage
Act;
- Demolition of a building identified as a
Contributing Building within the Allandale
Neighbourhood One (A-N1) District to facilitate
development or redevelopment; and/or
- Development requiring variation up to 20% less,
or greater than, the Heritage Character (HC)
standards established in Section 6 in accordance
with Section 1.12 - Variations to the Standards of
this By-law.
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3
Application addresses the criteria for community
planning permit approval as established in Section 1.18
- Approval Criteria to the satisfaction of the Approval
Authority, and/or:
- Requires variation(s) from the development
standards of this by-law, beyond the variation
limits established by Section 1.12 - Variations to
the Standards of this By-law and those described
within the District specific development
standards tables; or
- Development requiring variation beyond 20%
less, or greater than, the Heritage Character (HC)
standards established in Section 6 in accordance
with Section 1.12 - Variations to the Standards of
this By-law.
City Council
1.10.2 Public notification requirements for each classification of community planning
permit include:
a. No notice required for Class 1 permits that do not include the removal of a
significant tree;
b. Notice posted on the subject property for Class 1 permits involving significant
tree removal;
c. Notice posted on the City of Barrie website for public access, and on-site
signage which includes an explanation of the application and City of Barrie
contact information to obtain more information for Class 2; and
d. Notice posted on the City of Barrie website for public access, and on-site
signage which includes an explanation of the application and City of Barrie
contact information to obtain more information, or provide comments, for
Class 3 permits.
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1.10.3 Each of the three classifications of community planning permit may be approved
with conditions, consistent with Section 1.25 - Conditions.
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1.11 Discretionary Uses
1.11.1 Approval of a discretionary use may only be granted if the criteria set out in this
By-law and any requirements associated with the discretionary use as identified
in this By-law have been addressed to the satisfaction of the Approval Authority
and shall be subject to a Class 2 permit review. Approval of discretionary uses
will be informed through consideration of the following:
a. The service, shopping, and other daily needs of residents and transit users in
the immediate area;
b. Retention of existing heritage character and adaptive reuse of existing
buildings;
c. Impacts on servicing, including transportation, water and wastewater;
d. Potential noise or nuisance impacts;
e. The retention and/or addition of dwelling units; and
f. Street-level access and activation.
1.12 Variations to the Standards of this By-law
1.12.1 Variations to the standards of this By-law may be permitted, subject to the criteria
and process for approval of Class 2 and Class 3 community planning permits,
and the application of the criteria in Section 1.18 - Approval Criteria and 1.19 -
Review Criteria.
1.12.2 Variations to the standards of Section 3 - General Standards and Provisions, and
Section 4 - Parking and Loading, may be permitted subject to a Class 2 permit.
1.12.3 Variations to the standards in Section 5 - Allandale Major Transit Station Area
Districts above and beyond those identified as Class 2 variations, may be
permitted subject to a Class 3 permit.
1.12.4 Variations to the Heritage Character (HC) Provisions in subsections 6.2, 6.3.3,
6.3.5, 6.4, and 6.5.1, may be permitted up to 20% less, or greater than, the
applicable standard(s), subject to a Class 2 permit. Variations beyond 20% less,
or greater than, the applicable standard(s) as described above, may be permitted
subject to a Class 3 permit.
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1.13 Adding a Permitted Use
1.13.1 A use shall not be added as a permitted primary use, accessory use, or
discretionary use, unless an amendment is made to this By-law.
1.13.2 Notwithstanding the above, the Executive Director of Development Services, or
their delegate, has authority to approve through a Class 2 community planning
permit:
a. Similar uses, where the use of land, buildings or structures, permitted in the
By-law are defined in general terms, may permit the use of any land, building
or structure, for any purpose that, in the opinion of the Executive Director of
Development Services conforms with the uses permitted in the By-law.
1.14 Amendments to this By-law
1.14.1 When an Amendment is Required
An amendment to this By-law shall be required:
a. When there is a proposed use that is not permitted, or discretionary.
b. When there is a proposal to amend the boundaries of the Community
Planning Permit Area, as shown on Schedule A, and/or any amendments to
the District boundaries.
1.14.2 Amendment Process
a. An amendment to this By-law may be initiated by the Approval Authority, or
by an applicant for a community planning permit.
b. Applications to amend this By-law shall not be made before the fifth
anniversary of the effective date of this By-law, unless in compliance with
Ontario Regulation 173/16, s.17(5). In accordance with the Planning Act,
amendments to this By-law are permitted through a Council resolution before
the fifth anniversary of the effective date of this By-law.
1.14.3 Additional Requirements and Supporting Documents
a. Any amendment to this By-law shall:
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i.
Include comprehensive planning rationale and complete Official Plan
Amendment application, as required, within the context of the planned
vision for all the lands within the area, subject to this By-law; and
ii.
Provide an engagement plan including details for providing public
notification, open houses, and statutory public meetings in accordance
with the Planning Act.
b. Any amendment to this By-law shall include a planning rationale that
evaluates the application in the context of the goals, objectives, guiding
principles, and intent of this By-law, and conformity with the Barrie Official
Plan 2051 (May 2024), as amended, and all applicable provincial plans,
including the Provincial Planning Statement.
1.15 Delegation of Approval Authority
The Council for the Corporation of the City of Barrie hereby delegates
development powers and duties to the Approval Authority, as set out in Table
1: Community Planning Permit Classifications and Approval Authority. Council
may withdraw or amend this delegation at any time in accordance with Section
2.6 - Technical Revisions to the By-law.
1.16 Notice
Public notice shall be provided of a community planning permit application in
accordance with Section 1.10 - Permit Classifications, Approval Authority, Public
Notice, and Conditions. Updates to the application of public notice shall be
permitted, without amendment to this By-law.
1.17 Referrals to Council
1.17.1 The Executive Director of Development Services, or their designate, may refer a
Class 1, or Class 2, community planning permit to Council to be processed as a
Class 3 permit at anytime prior to the decision on an application, whereby the
public notice requirements for a Class 3 permit have been fulfilled, as per Section
1.10 - Permit Classifications, Approval Authority, Public Notice, and Conditions.
1.17.2 An applicant may, through pre-application consultation, request that a Class 1 or
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Class 2 permit be referred to Council to be processed as a Class 3 permit. This
request must be reviewed, and approved by the Executive Director of
Development Services, or their designate, before it may be processed as a Class
3 permit, as outlined in this By-law.
1.18 Approval Criteria
1.18.1 Approval Criteria for all Community Planning Permits
The following shall be met to the satisfaction of the Approval Authority, prior to
the issuance of any community planning permit:
a. The proposal is appropriate for the lands, having regard to its location, size,
and surrounding uses.
b. The proposal considers the unique characteristics of the property, including
its natural features, topography, and any physical constraints.
c. The proposal is compatible with, and sensitive to, the planned context and
area character.
d. Any possible off-site impacts are identified and mitigated to the extent
reasonably possible.
e. The proposal is consistent with the intent and purpose of this By-law.
f. The proposal is consistent with all relevant municipal standards, by-laws, and
policies.
1.18.2 Additional Approval Criteria, Class 1 Community Planning Permits
In addition to Section 1.18.1, review of a Class 1 community planning permit shall
require demonstration of conformity with all applicable standards of this By-law.
1.18.3 Additional Approval Criteria, Class 2 Community Planning Permits
In addition to Section 1.18.1, review of a Class 2 community planning permit shall
require:
a. Demonstration of conformity with all applicable standards of this By-law,
except for those standards where variation is requested. The proposed
variations must include a detailed explanation of the request, including
justification to support the variation.
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b. For development on lands subject to Section 6 - Heritage Character (HC)
provisions, the proposal conserves the heritage character of the
neighbourhood and is consistent with the standards of that Section.
c. Demonstration of conformity with the Barrie Official Plan 2051 (May 2024).
d. Consistency with the Provincial Planning Statement, and all applicable
provincial plans, policies, and legislation.
1.18.4 Additional Approval Criteria, Class 3 Community Planning Permits
In addition to Section 1.18.1, review of a Class 3 community planning permit shall
require:
a. Demonstration of conformity with all applicable standards of this By-law,
except for those standards where variation is requested. The proposed
variations must include a detailed explanation of the request, including
justification to support the variation.
b. Demonstration of conformity with the Barrie Official Plan 2051 (May 2024).
c. Consistency with the Provincial Planning Statement, and all applicable
provincial plans, policies, and legislation.
1.19 Review Criteria
The following criteria will be used to assess all Class 2, and Class 3, community
planning permits, and are to be used in conjunction with Section 1.26 - Facilities,
Services, and Matters:
- The provision of Affordable housing;
- Improvements to the streetscape;
- Greater, enhanced, amenity space than required;
- Enhanced street interface, including improvements to pedestrian
connectivity;
- Tree preservation;
- Heritage conservation of contributing buildings, not being on a listed or
designated property; and
- The inclusion of sustainability features within a development proposal.
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1.20 Pre-application Consultation
1.20.1 Prior to the submission of a community planning permit application, the applicant
is required to meet with the City through a formal pre-application consultation.
The pre-application consultation requirement may be waived, at the discretion of
the Executive Director of Development Services, or their designate.
1.20.2 The pre-application consultation is required to obtain an assessment of the class
of development proposed, the associated application fee, and the requirements
for a complete application. A pre-application consultation may also determine if a
proposal is exempt from the requirement for a permit.
1.20.3 Any documents generated through a pre-application consultation, including the
required reports and studies list, will expire one year from the date of issuance of
the pre-application comments.
1.21 Application Review
1.21.1 Upon receipt of an application for a community planning permit, the City shall
notify the applicant that the requirements of a complete application have been, or
have not been, provided, upon which time the 45-day decision period would
commence.
1.21.2 Any external agency comments and/or approvals may be required to be provided
to the City for an application to be deemed complete.
1.21.3 Upon an internal review of the application and the circulation of the application
and receipt of comments from external agencies, the City will provide comments
to the applicant outlining any outstanding items, concerns, or deficiencies in the
materials provided. Resubmission of materials may be undertaken by the
applicant based on these comments.
1.21.4 The applicant may appeal to the Ontario Land Tribunal against a failure to decide
45 days after the date on which the application has been deemed complete.
1.22 Public Notice
1.22.1 Upon deeming the application complete, public notice of the application will be
provided as established in Section 1.10 - Permit Classifications, Approval
Authority, Public Notice, and Conditions, within 15 days, including the following
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components as prescribed:
a. The City shall post a notification on the City's website for public access; and
b. The applicant shall prepare and post on-site signage, as per City standards,
which includes an explanation of the application and a contact name and
phone number to obtain more information and/or to submit comments.
1.23 Application Decision
1.23.1 On considering the application, the Approval Authority, as established in this
By-law, may:
a. Refuse the application;
b. Approve the application and issue a community planning permit with no
conditions attached;
c. Approve the application and require that conditions be met before issuing a
community planning permit;
d. Approve the application and issue a community planning permit with
conditions attached; or
e. Approve the application, require that conditions be met before issuing a
community planning permit, and, when the conditions have been met, issue a
community planning permit with conditions attached.
1.23.2 Within 15 days of the date of a decision on a community planning permit
application, the City shall provide written notice of the decision, including reasons
and any conditions imposed, to the applicant and to each person or public body
that filed a written request with the City Clerk to be informed of the decision.
1.23.3 The applicant may appeal any decision on a community planning permit
application to the Ontario Land Tribunal no later than 20 days after the day notice
of the decision is given.
1.24 Agreements
1.24.1 The owner of the land subject to a community planning permit may be required,
at the discretion of Council or its delegates, to enter into one or more agreements
with the City respecting the conditions of approval.
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1.24.2 An agreement referred to in this section may be registered on the title of the land
to which it applies at the owner's expense. The City is entitled to enforce it
against the owner and against all subsequent owners of the land.
1.24.3 Notwithstanding any other provision in this By-law, the applicant is responsible to
obtain all required approvals and permits beyond those provided as part of a
community planning permit.
1.24.4 Council gives authority to the Executive Director of Development Services to
prepare, approve, execute, and amend any community planning permit
Agreement required by this By-law.
1.24.5 Pre-existing development agreements continue to be valid and binding and may
be amended under this By-law.
1.25 Conditions
1.25.1 Where a community planning permit is required in accordance with the provisions
of this By-law, the City may impose conditions as part of the issuance and/or
approval of a community planning permit.
1.25.2 As part of a community planning permit approval, conditions may be required in
the form of an agreement between the applicant and the City, to be registered on
title.
1.25.3 A condition that is imposed shall:
a. Be clear, precise, and quantifiable;
b. Include a clear statement of whether it must be complied with before
construction, renovation, or change of use of a building; and
c. Not deal with the following aspects of buildings and structures:
i. Interior design;
ii. The layout of interior areas, other than interior walkways, stairs,
elevators, and escalators to which members of the public have access
from streets, open spaces, and interior walkways in adjacent buildings;
and
iii. The manner of construction and construction standards.
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1.25.4 The applicant may, at any time, make a motion for directions to have the Ontario
Land Tribunal determine whether a specified condition has been fulfilled.
1.25.5 As a condition to the issuance or approval of a community planning permit, a
municipality may require the owner of the land to:
a. Submit plans, architectural drawings, surveys, technical studies or a peer
review of a technical study, or revisions thereof, in support of a community
planning permit;
b. Submit letters of consent or agreements from adjacent property owners
related to matters reviewed through the community planning permit process,
including encroachments, tree removals, and mutual/shared access;
c. Provide confirmation of approvals or permits from other agencies, including
Provincial ministries and the conservation authority, among others, as
appropriate;
d. Undertake development in accordance with a community planning permit,
including approved plans, reports, and drawings;
e. Provide financial securities to facilitate compliance with municipal approvals
and indemnify the City;
f. Transfer land for road widenings, including daylight triangles, and transit
right(s)-of-way to the extent established in the Official Plan;
g. Ensure that development does not occur until appropriate municipal services
are available to the site;
h. Provide adequate on-site and off-site service or road infrastructure and works
as necessary to service the proposed development;
i. Convey part of the land to the municipality to the satisfaction of, and at no
expense to, the municipality for parkland, or providing cash-in-lieu of same;
j. Enter into any agreement(s) securing off-site parking, or cash-in-lieu of
parking, if applicable;
k. Develop and follow a construction access plan to articulate how building
materials shall be placed on the site and how construction access shall be
provided to the subject property during construction;
l. Obtain permits for tree removal, in accordance with City by-laws;
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m. Provide and maintain vegetation and landscaping;
n. Undertake site alteration and grading in accordance with the standards of the
City;
o. Monitor the impact of the development on the environment and adapt
property management activities to mitigate any identified impacts;
p. Meet any condition that may be imposed pursuant to Sections 34, 40, 41, and
42 of the Planning Act;
q. Provide to the satisfaction of and at no expense to the City any or all of the
following:
i.
Off-street vehicular loading and parking facilities, either covered or
uncovered, access driveways, including driveways for emergency
vehicles, and the surfacing of such areas and driveways;
ii.
Walkways and walkway ramps, including the surfacing thereof, and all
other means of pedestrian access;
iii.
Facilities designed to have regard for accessibility for persons with
disabilities;
iv.
Facilities for the lighting of the land or of any buildings or structures
thereon;
v.
Walls, fences, hedges, trees, shrubs, or other groundcover or facilities
for the landscaping of the lands or the protection of adjoining lands;
vi.
Vaults, central storage, collection areas, and other facilities and
enclosures for the storage of garbage and other waste material;
vii.
Easements conveyed to the municipality for the construction,
maintenance, or improvement of watercourses, ditches, land drainage
works, sanitary sewage facilities, and other public utilities of the
municipality on the land; and/or
viii.
Grading or alteration in elevation or contour of the land and provision
for the disposal of storm, surface, and wastewater from the land and
from any buildings or structures thereon;
r. Maintain to the satisfaction of the City and at the sole risk and expense of the
owner any or all the facilities or works mentioned in (q.), including the removal
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of snow from access ramps and driveways, parking and loading areas, and
walkways.
s. Prepare and implement a tree preservation plan to the satisfaction of the City,
demonstrating measures to protect mature trees during and after
construction;
t. Undertake development in accordance with a heritage impact assessment,
where required by this By-law; and
u. Record and document heritage attributes of any designated or contributing
property prior to alteration or demolition, to the satisfaction of the City.
1.25.6 Technical studies and reports, as listed in Schedule C, may be required as a
condition of community planning permit approval to assist in the application
review process and:
a. Shall be prepared in accordance with the most up-to-date terms of reference
provided by the City to the applicant;
b. Terms of reference may be scoped or otherwise refined by the City to reflect
site-specific context, character, or other notable considerations; and
c. If any recommendation within a submitted technical report exceeds the
minimum requirements of any section of this By-law, then the stricter
requirement shall be imposed as a condition of approval.
1.26 Facilities, Services, and Matters
1.26.1 For Class 2 community planning permits, the Approval Authority will consider
facilities, services, and matters, presented as part of a permit application, by the
applicant, and at the applicant's expense in exchange for an increase in height
and density of the proposed development on the lands within the District
boundaries:
a. Notwithstanding the above, beginning on the third anniversary of the adoption
of this By-law, the Approval Authority will require facilities, services, and
matters to be provided by the applicant, at the applicant's expense, in
exchange for an increase in height and density of the proposed development
on the lands within the District boundaries.
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1.26.2 For Class 3 permits, the Approval Authority will require facilities, services, and
matters to be provided by the applicant, at the applicant's expense, in exchange
for an increase in height and density of the proposed development on the lands
within the District boundaries.
1.26.3 The securement of facilities, services, and matters, shall only be required for
residential or mixed-use developments that are 10 or more dwelling units and
are greater than 17 metres (five storeys) in height.
1.26.4 Facilities, services, and matters that may be secured, as authorized by Council,
shall be limited to the following, separately or in combination:
a. Affordable housing including public or non-profit housing;
b. Conserving and/or improving lands and/or buildings of historic significance;
c. Improvements to the streetscape including the provision of public art,
including public rights-of-way, and/or bordering segments of private
properties;
d. Infrastructure improvements including providing new, or improving existing,
pedestrian and/or cycling connections to existing or planned transit facilities
or services;
e. Public services and facilities;
f. Public parks, including new lands, facility improvements, and/or new or
improved public access to existing parks;
g. Tree replacement and/or new plantings on public and/or private property;
and/or
h. Any other direct or in-kind contributions, mutually agreed upon by the
applicant and Council.
1.26.5 Any cash in-lieu contribution shall be placed in a reserve fund to provide the
community benefit at a later date.
1.27 Conditional Approval
1.27.1 As stipulated in this By-law, the City may issue a conditional approval of a
community planning permit, which approves the application but requires that
conditions be met before the issuance of a community planning permit.
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1.27.2 The conditions established by conditional approval shall be fulfilled to the
satisfaction of the City in advance of community planning permit issuance.
1.27.3 Conditional approval shall be valid for a period of two years after the date of
approval. If the applicant has not, within a period of two years from the date of
the approval, fulfilled any conditions established by the conditional approval, the
conditional approval shall lapse.
1.27.4 Notwithstanding Section 1.27.3., prior to the expiry of the validity period, an
applicant may request an extension of conditional approval, through a formal
request to the City accompanied by:
a. A rationale for the requested extension;
b. Any other supporting information or material requested by the Executive
Director of Development Services; and
c. Any fee payable pursuant to the City's Fees and Charges By-law, as
amended or replaced.
1.27.5 The Executive Director of Development Services, at his/her sole and absolute
discretion, may grant an extension of a maximum of one year per formal request
to the validity period of conditional approval.
1.27.6 Any decision made by the Executive Director of Development Services with
respect to a request for an extension pursuant to Section 1.27.5. is final.
1.28 Modifications to Conditional Approval
1.28.1 Prior to the issuance of a community planning permit where a conditional
approval has been made, at the request of the applicant and where considered to
be appropriate by the City, modification to a conditional approval may be made,
subject to the provisions of this By-law and the Official Plan, as amended.
1.28.2 Proposed modifications may be subject to additional submission requirements to
support the application, to the satisfaction of the Approval Authority.
1.28.3 Where an applicant applies to modify a community planning permit with
conditional approval, the fee should be equal to that which would be charged if
the application was new. Based on the scale of the proposed modifications, the
fees may be waived or reduced at the discretion of the Executive Director of
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Allandale MTSA Community Planning Permit By-law
Development Services, whose decision on this matter will be final.
1.28.4 Notwithstanding Section 1.10 - Permit Classifications, Approval Authority, Public
Notice, and Conditions, in the case of a Class 3 community planning permit, the
Approval Authority for the modification of conditional approval shall be
determined at the discretion of the Executive Director of Development Services
based on the scale of changes to the development concept from that approved
by Council.
1.28.5 In the case of Class 1 and 2 community planning permits, Approval Authority for
the modification of conditional approval shall remain as delegated in Section 1.10
- Permit Classifications, Approval Authority, Public Notice, and Conditions.
1.29 Transition
1.29.1 Building Permits
a. Nothing in this By-law shall prevent the erection or use of a building or
structure for which a complete application for a building permit was filed on or
prior to the date of passage of this By-law, if the application complies, or the
building permit application is amended to comply, with the provisions of
Zoning By-law 2009-141 and Site Plan Control By-law 99-312 as they read on
the date of passage of this By-law. For the purposes of this section, an
application for a building permit means an application that satisfies the
requirements set out in the Building Code Act, as amended.
b. Nothing in this By-law shall prevent the erection or use of a building or
structure for which an application for a building permit was filed after the date
of passage of this By-law, where planning approvals were obtained in
accordance with Section 1.23 - Application Decision of this By-law or where
applications were in process in accordance with the same. For the purposes
of this section, an application for a building permit means an application that
satisfies the requirements set out in the Building Code Act, as amended.
1.29.2 Minor Variances
a. Where the Committee of Adjustment of the City or the Ontario Land Tribunal
has authorized a minor variance to Zoning By-law 2009-141 with respect to
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Allandale MTSA Community Planning Permit By-law
any land, building or structure, and the decision of the Committee of
Adjustment of the City or the Ontario Land Tribunal authorizing such minor
variance has become final and binding prior to the enactment of this By-law,
the provisions of this By-law, as they apply to such land, building or structure,
shall be deemed to be modified to the extent necessary to give effect to such
minor variance.
b. Any complete application for a minor variance to Zoning By-law 2009-141
filed on or before the date of passage of this By-law shall be disposed of
under the provisions of the former By-law, despite any repeal of such former
By-law.
1.29.3 Site Plan Agreements
a. Where a site plan agreement has been entered into prior to the effective date
of this By-law, and the timeframes specified in the Agreement have not yet
lapsed, the provisions of this By-law, as they apply to such land, building, or
structure, shall be deemed to be modified to the extent necessary to give
effect to such site plan agreement.
b. Any complete application for site plan approval filed on or before the date of
passage of this By-law shall be disposed of under the provisions of the former
By-law, despite any repeal of such former By-law.
1.29.4 Zoning By-law Amendments
a. Any complete application for a site-specific zoning by-law amendment filed on
or before the date of passage of this By-law shall be disposed of under the
provisions of the former By-law, despite any repeal of such former By-law.
b. Notwithstanding the above, the following site-specific zoning by-law
amendments ("special provisions") will remain in force and effect:
i.
2013-119 (SP-486) (SP-487) (H-123) - 140 - 152 Cumberland Street;
ii.
2020-073 (SP-595) (H-149) - 272 Innisfil Street;
iii.
2020-086 (SP-597) - 79 Gowan Street;
iv.
2023-035 (SP-630) - 181 Bradford Street;
v.
2023-063 (SP-635) - 17 Jacobs Terrace; and
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Allandale MTSA Community Planning Permit By-law
vi.
2024-072 (SP-662) (H-166) - 1 - 43 Essa Road & 259 -
273 Innisfil Street.
1.29.5 Holding Provisions
a. Where lands were deemed to be subject to a holding provision by way of a
by-law passed pursuant to Section 36 of the Planning Act on the effective
date of this By-law, the conditions associated with the applicable holding
provision shall be deemed to continue to apply.
b. Where there is a conflict between the provisions of this By-law and the
specific provisions of any by-law imposing a holding provision, the specific by-
law imposing a holding provision shall prevail.
c. Where a community planning permit application involves lands which are
subject to conditions applied in accordance with this By-law, such conditions
shall be applied in the same manner as if they were imposed.
d. An amendment to this By-law is not required when the holding conditions
have been met.
1.30 Existing Uses, Lots, Buildings, and Structures
1.30.1 Legal Non-Conforming Uses
Nothing in this By-law shall apply to prevent the use of any land, building, or
structure, for any purpose prohibited by the By-law if such land, building, or
structure was lawfully used for such purpose prior to the effective date of this By-
law, so long as it continues to be used for that purpose.
1.30.2 Restoration to a Safe Condition
Nothing in this By-law shall prevent the strengthening to a safe condition or the
restructuring of any building, or structure, or part of any building, or structure, that
is used for a legal non-conforming use, provided such an alteration or repair does
not increase the height, size, or volume, or change the use of the building or
structure.
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1.30.3 Existing Non-Complying Buildings and Lots
a. A lot in existence prior to the effective date of this By-law that does not meet
the minimum lot frontage requirements of the applicable District is permitted
to be used, and buildings, and structures thereon erected, enlarged, rebuilt,
repaired or renovated, provided the use conforms with this By-law and the
buildings and structures comply with all other provisions of this By-law.
b. A non-complying building or structure which existed legally prior to the
effective date of this By-law may be enlarged, repaired, renovated or
reconstructed through a Class 2 application process, provided that the
enlargement, repair, renovation or reconstruction, does not further encroach
into a required yard.
1.31 Lots Reduced by Acquisition for Road Widenings or Park Dedications
1.31.1 Nothing in this By-law applies to prevent the continued use of a lot reduced by
public acquisition where road widening or park dedications result in reduced lot
area, lot frontage, or a legally existing building or structure to have increased lot
coverage, reduced area of landscaped open space, front yard, side yard, or
rear yard that does not conform to the standards for the District in which such
lot is located provided that:
a. No further reduction is made in the dimensions, area or any other
characteristics of the lot as reduced, after the date of such acquisition, that
would increase the extent of said non-compliance; and
b. No building or structure or addition thereto is erected on the lot as reduced,
after the date of such acquisition, except in accordance with all provisions for
the District in which such lot is located.
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2 Interpretation
2.1 Interpretation of the By-law Text
2.1.1 Words used in the present tense shall include the future tense, and words used
in the singular number shall include the plural and the plural shall include the
singular, unless the context clearly indicates the contrary.
2.1.2 The words "shall" or "must" are mandatory and not discretionary.
2.1.3 The word "may" is discretionary.
2.1.4 The words "and/or" is an inclusive term meaning one or the other or both.
2.1.5 A "building" or "structure" includes any part thereof.
2.1.6 The provisions of this By-law are minimum requirements except where a
maximum requirement is specifically identified.
2.2 Definitions
Terms that are bolded, other than the document headings, are defined in Section
8 - Definitions of this By-law.
2.3 Measurements
2.3.1 All measurements of length, width, height, depth, or area used in this By-law
shall be subject to the normal rules of rounding numbers, within the degree of
precision specified by the number of digits following the decimal point (if any), so
that:
a. For a whole number, measurements of less than 0.5 shall be rounded
downward to the next whole unit;
b. For a whole number, measurements of 0.5 and greater shall be rounded
upward to the next whole unit;
c. For a number having one decimal place, measurements of less than 0.05
shall be rounded downward to the next one-tenth unit;
d. For a number with one decimal place, measurements of 0.05 and greater
shall be rounded upward to the next one-tenth unit;
e. Ratios and percentage figures shall not be subject to rounding; and
f. All measurement figures used in the By-law shall be metric measurement.
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2.4 Severability
Should any court of competent authority hold any section, clause, or provision of
this By-law to be invalid, the validity of the remainder of the By-law shall not be
altered.
2.5 Compliance with Other Laws and Regulations
Nothing in this By-law shall be construed to exempt any person from complying
with the requirements of the statutes and regulations enacted by the Government
of Canada, Government of Ontario, or any other by-law of the City of Barrie.
2.6 Technical Revisions to the By-law
2.6.1 Provided that the purpose and intent of this By-law is unaffected, the following
technical revisions to this By-law shall be permitted without an amendment to this
By-law:
a. Corrections to grammatical, mathematical, boundary, or other such errors,
including minor technical revisions to the mapping consistent with the intent of
this By-law and the City's Official Plan;
b. Changes to the numbering of sections, the numbering contained in the cross-
referencing of sections, and the format and arrangement of the text, tables,
schedules, and maps, and the numbering of pages;
c. Corrections or revisions to the technical information contained on maps, such
as the title blocks and legend;
d. Revisions to base mapping and parcel fabric as updated by the Ontario Land
Registry Office;
e. Changes to the title of the Approval Authority delegated by Council to make
decisions on its behalf, based on a resolution from Council;
f. Changes resulting from the removal of a holding symbol; and
g. Changes to any reference to legislation, regulations, or sections thereof
approved by another public authority to include any amendments or
successor legislation.
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2.7 District Boundaries
2.7.1 Where any uncertainty exists as to the boundary of any District as shown on
Schedule D, the following provisions shall apply:
a. Where a District boundary is indicated as following, and is within the
boundary of, a street, lane, railway right-of-way, or watercourse, the boundary
shall be the centre line of such street, lane, railway right-of-way, or
watercourse; and
b. Where a District boundary is indicated as approximately following lot lines
shown on a registered plan of subdivision or lot lines of the original City
survey fabric, the boundary shall follow such lot lines.
c. The Executive Director of Development Services, or their designate, in
consultation with any agency or other levels of government as applicable,
may exercise discretion in interpreting District boundaries to meet the
general intent of this By-law.
2.8 Development across Lot Lines
2.8.1 Where a proposed development is located on two or more abutting lots,
parcels, or blocks that are under the same ownership or are subject to an
application for unified ownership or control, which are intended to be
consolidated into one lot, block, or parcel to facilitate the development, the
lands may be considered as a single lot for the purposes of applying the
development standards and provisions of this By-law.
2.8.2 Where a proposed development is comprehensively planned but will be located
on two or more abutting lots, parcels, or blocks under different ownership, that
will continue to share common site elements such as access, parking facilities,
amenity areas, and site services by way of easements, strata plans,
condominium plan of subdivision, or similar legal structures, the lands may be
considered as a single lot for the purposes of applying the development
standards and provisions of this By-law.
2.8.3 When development across lot lines is proposed, as a condition of a community
planning permit, the Approval Authority may require that:
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a. lands be consolidated into a single lot;
b. the development be maintained as a unified development; and/or
c. no future severance, conveyance, or lot line adjustment occur unless it can
be demonstrated to the satisfaction of the Approval Authority that the
resulting lots and development will continue to comply with the applicable
development standards of this By-law.
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3 General Standards and Provisions
3.1 Variation to General Standards and Provisions
Any variation to a general standard or provision as outlined in Section 3 -
General Standards and Provisions will be subject to Section 1.12 - Variations to
the Standards of this By-law and classified as a Class 2 variation requiring a
community planning permit application, unless otherwise noted.
3.2 Accessory Buildings and Structures
3.2.1 Accessory Buildings and Structures in Allandale Neighbourhood Districts
All accessory buildings and structures in the Allandale Neighbourhood Districts
shall:
a. Be permitted in conjunction with a permitted use;
b. Be subject to the development standards in Table 2: Additional Accessory
Building and/or Structure Standards;
c. Be permitted only within the exterior side yard, interior side yard, and/or
rear yard, except for attached garages, balconies, decks, and porches;
d. Include all non-habitable accessory structures in the total lot coverage
associated with the permitted building type on site;
e. Exclude in- and above-ground pools from the maximum lot coverage;
f. Exclude balconies and porches from the maximum lot coverage; and
g. Exclude decks under 1.8 m in height, both detached and stand-alone, from
the maximum lot coverage.
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Table 2: Additional Accessory Building and/or Structure Standards
Standard
Detached
Garage
Attached
Garage,
Storage
Attached
Garage,
Vehicular
Storage
All other
Accessory
Buildings,
and
Structures
Minimum Exterior
Side Yard Setback
3 m
3 m
3 m
0.6 m
Minimum Front
Yard Setback
4 m from the
front wall of
the primary
building
4 m from the
front wall of
the primary
building
4 m from the
front wall of
the primary
building
6 m
Minimum Interior
Side Yard Setback
1.2 m
1.2 m
1.2 m
0.6 m
Minimum Rear
Yard Setback
3 m
1.2 m
1.2 m
0.6 m
Minimum Building
Area
20 m2
15 m2
20 m2
n/a
Maximum
Building Height
4.5 m
4.5 m
4.5 m
4 m
3.2.2 Accessory Buildings and Structures in all other Districts
All accessory buildings, structures, and uses shall:
a. Be set back a minimum of 1.2 m from the rear lot line in the case of a rear-
access lot;
b. Be established on the same lot as the primary use or building, except for
permitted sales trailers and portables;
c. Have a maximum lot coverage of 15% of the total lot area for all non-
habitable accessory buildings, which is to be included in the total lot
coverage calculation for the District in which it is to be located;
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Allandale MTSA Community Planning Permit By-law
d. Be deemed to be a part of the primary building if it is enclosed and attached
to the primary building; and
e. Not locate mechanical equipment within the front yard, except in the case
of a back-to-back row house, where equipment permitted in a front yard
shall be effectively screened from any street.
3.2.3 Accessory Outdoor Sales and Display Areas and Accessory Outdoor
Storage
a. Outdoor sales and display areas, and outdoor storage, is permitted only as
an accessory use to a similarly permitted use, as determined through the
permitted use tables of this By-law.
b. Accessory outdoor sales and display areas, and outdoor storage shall
maintain the same minimum setbacks for accessory buildings and structures
as required by the District in which the outdoor storage is located.
c. Accessory outdoor storage is prohibited in the front yard or exterior side
yard of any lot.
d. Accessory outdoor storage shall be restricted to a maximum height of 4
metres, except when storing machinery or equipment.
e. Any permitted accessory outdoor storage adjacent to a street or a lot in any
District, other than the District in which the accessory outdoor storage is
located, shall be:
i.
Screened from view from the street or lot with fencing and/or
appropriate landscaping screening;
ii.
Less than 2 metres in height; and
iii.
The fence shall maintain the same setbacks as required for the
accessory outdoor storage.
f. If the height of the accessory outdoor storage exceeds the height of the
required fence, then coniferous planting must be provided between the fence
and the lot line along the street.
g. Areas dedicated to accessory outdoor storage shall be constructed with a
stable surface of crushed stone, slag, gravel, crushed brick or tile, cinders,
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asphalt, concrete, or portland cement binder, which have been treated to
prevent the raising of dust or loose particles.
h. All vehicular access connecting these areas with a street shall be paved with
an asphalt or concrete surface.
i. Areas dedicated to accessory outdoor storage must not encroach into
parking and/or loading areas required by this By-law.
j. If lighting facilities are provided in conjunction with any permitted accessory
outdoor storage, then such lighting shall be so arranged as to deflect light
onto the accessory outdoor storage area, and away from any adjoining
properties or streets.
k. The area of land used for accessory outdoor storage shall not exceed 50%
of the total gross floor area of the primary building.
3.3 General Building Standards
3.3.1 Row Houses
A minimum of three and a maximum of eight continuous row house units are
permitted for all types of row house forms.
3.3.2 Streets and Blocks
a. Blocks shall not exceed 250 metres in length.
b. When a block exceeds 150 metres in length, a mid-block connection shall
be provided for pedestrians.
c. Mid-block connections are formed through the separation of building bases
located within large blocks to create walkways, parkettes, or other open
spaces.
d. Mid-block connections shall be publicly accessible and connect to existing
or planned streets, active transportation networks, and/or open spaces.
e. Mid-block connections shall be a minimum of 15 metres in width.
f. Mid-block connections must be maintained to be free from obstructions,
waste, and debris, and with a neat appearance and appropriate illumination.
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3.3.3 Permitted Encroachments
a. All minimum yard setbacks shall be unobstructed except for the following
permitted encroachments and projections:
i.
An underground parking structure, staircase, or accessibility ramp,
which is connected to a building entrance, in any District is permitted
to occupy all yards, except as provided for elsewhere in this By-law;
ii.
Accessibility ramps, or accessibility lifts, are permitted in any yard and
are not subject to height and setback requirements of the District in
which they are located;
iii.
Any below grade unenclosed entryways shall be permitted to encroach
into an interior side yard, or rear yard, but shall not cause any
interior side yard to be less than 0.6 metres, or any rear yard to be
less than 4 metres;
iv.
A balcony, located above the ground floor of a building, may encroach
into the required setback of any District but shall not cause any
setback to be less than 0.6 metres;
v.
A canopy, awning, or similar structure, with or without structural
support, located above the ground floor of a building may encroach
into the required setback of any District but shall not cause any
setback of any District to be less than 0.6 metres;
vi.
A porch or deck may encroach into the required setback of any
District, subject to the setbacks in Table 3: Deck and Porch Standards;
and
vii.
Notwithstanding any other standards or provisions of this By-law, roof
eaves, chimneys, exhaust vents, and bay windows projecting from any
building, structure, or accessory structures are permitted in any yard
and are not subject to the setback requirements of the District in
which they are located.
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Table 3: Deck and Porch Standards
Standard
Decks and Porches
Minimum Exterior Side Yard Setback
1 m
Minimum Front Yard Setback
1.5 m
Minimum Interior Side Yard Setback
0.3 m
Minimum Rear Yard Setback
0.3 m
3.3.4 Outdoor Amenity Areas
a. Lots with 10 dwelling units or less are not required to provide any
designated outdoor amenity area.
b. Lots with more than 10 dwelling units shall provide a minimum outdoor
amenity area in accordance with the following:
i.
The minimum required outdoor amenity area shall be equal to the
greater of 150 square metres or 8 square metres per dwelling unit;
and
ii.
Required outdoor amenity areas shall be subject to the requirements
in Sections 3.3.4.1 and 3.3.4.2 below.
3.3.4.1
Consolidated Amenity Areas
Consolidated outdoor amenity areas shall be designed and located so that:
a. A minimum consolidated outdoor amenity area of 150 square metres is
required for each low-rise, mid-rise, and high-rise building;
b. The required minimum consolidated outdoor amenity area shall be provided
on the same lot as the associated building;
c. The consolidated outdoor amenity area for all buildings shall be a minimum
width of 5 metres;
d. The minimum consolidated outdoor amenity area is permitted to be located
at-grade, on any rooftop, or terraces; and
e. Private balconies and any other area accessed by individual units shall not
be included in the calculation of consolidated outdoor amenity area
requirements.
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3.3.4.2
Unconsolidated Amenity Area
Unconsolidated amenity areas may form part of the minimum required outdoor
amenity area in accordance with the following:
a. Any additional amenity area required beyond 150 square metres is not
required to form part of the consolidated amenity area; and
b. Private balconies may be included in the calculation of unconsolidated
amenity area requirements.
3.3.5 Angular Plane
a. Angular planes are required for:
i.
All mid-rise buildings and high-rise buildings located on a lot that
shares a lot line with an Allandale Neighbourhood District; and
ii.
Any portion of the building above the fourth storey, which must be
contained within a 45-degree angular plane, measured from the
shared lot line at a height of 10.5 metres, as viewed from any lot
within an adjacent Allandale Neighbourhood District.
3.3.6 Exceptions to Height Provisions
a. Unless otherwise required by this By-law, the following buildings, structures,
and features shall not be subject to the maximum height and storey
provisions:
i.
Any roof accommodating an elevator, staircase, or ventilating fan (or
similar equipment) that rises above the roof level but does not provide
habitable living space;
ii.
Mechanical penthouse;
iii.
Chimney;
iv.
Ornamental architectural features;
v.
Lightning rods;
vi.
Rooftop photovoltaic panels; and
vii.
Telecommunications installations.
b. Notwithstanding the above, a mechanical penthouse shall not exceed 6
metres above the maximum permitted height.
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Allandale MTSA Community Planning Permit By-law
c. When there are multiple buildings on the same lot, an appropriate height
strategy shall be established. Generally, buildings on the same lot are
required to gradually step down in height towards the waterfront.
3.3.7 Facing Distances
a. Facing distances prescribed in Table 4: Building Facing Distances apply
when any grouping of mid-rise buildings and high-rise buildings are
located on the same lot, inclusive of balconies, canopies, and awnings.
b. Where buildings that face each other differ in height, the greater height shall
be used to determine the required building facing distance.
Table 4: Building Facing Distances
Building Facing Distances
Minimum Separation Distance
Up to 40 m in height
10 m
40 m to 80 m in height
15 m
3.3.8 Tower Floorplate and Podium Lengths
a. The maximum tower floorplate size, applicable to buildings exceeding 40
metres in height, shall be 850 square metres, measured to the exterior walls,
excluding any terraces and balconies.
b. The maximum podium length for any low, mid, and high-rise buildings,
shall be 90 metres.
i.
The maximum podium length shall be measured by using the distance
between two opposing exterior walls. Where there are more than two
opposing exterior walls, the greater distance shall be used when
calculating the maximum podium length.
3.3.9 Building Step-backs and Streetwall Height
a. Within the Allandale Mixed Use Districts a consistent streetwall height is
required for buildings on lots fronting onto minor collector, major collector,
and arterial roads as identified on Schedule E of this By-law.
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Allandale MTSA Community Planning Permit By-law
b. The required consistent streetwall height is determined by the road
classifications shown on Schedule E, as prescribed in Table 5: Streetwall
Height Standards.
Table 5: Streetwall Height Standards
Lot Standard
Streetwall Height
Minor collector
10 m in height
Major collectors
20 m in height
Arterial
20 m in height
c. A 3 metre step-back shall be provided between the podium and tower of any
mid-rise buildings and high-rise buildings.
d. An additional 3 metre step-back shall be provided above the ninth storey of
any mid-rise buildings and high-rise buildings.
3.4 General Standards
3.4.1 Landscaped Area
Any portion of a front yard which is not used for any other purpose, as permitted
by this By-law, is required to be a landscaped area.
3.4.2 Landscaped Buffers
a. A contiguous landscaped buffer with a minimum width of 3 metres shall be
provided:
i.
Along all lot lines of all Districts adjacent to Allandale Neighbourhood
Districts except between abutting lots in the Allandale Neighbourhood
and Community Hub Districts.
ii.
Along all lot lines of all Districts adjacent to Environmental Protection
Area (EP) Districts.
3.4.3 Lot Configuration and Consolidation
a. New development on corner, and through lots shall enhance connections
and mobility within and through the lot.
b. Where a lot fronts more than one street, new development shall:
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Allandale MTSA Community Planning Permit By-law
i.
Be oriented towards the higher-order road, as established on Schedule
E to this By-law;
ii.
Where both streets are the same classification, the shorter lot line
shall be deemed to be the front lot line; or
iii.
Where both streets are the same classification, and both lot lines are
the same length, either lot line may be deemed the front lot line,
based on the orientation of new development.
3.4.4 Snow Storage
Snow storage is not permitted to be located within the required amenity areas.
3.4.5 Temporary Uses
3.4.5.1
Construction Activities
Construction activities are permitted on a temporary basis along with any sheds,
trailers, outdoor storage, scaffolds, or other structures incidental to construction
on the same lot, for so long as the same is necessary for work in progress which
has neither been finished nor abandoned.
3.4.5.2
Model Homes
a. More than one building constructed on a site prior to registration of a plan of
subdivision, plan of condominium, or site plan, shall be permitted subject to
the following:
i.
The buildings shall be used as model homes only and shall not be
occupied prior to approval by the City in accordance with the
subdivision agreement, condominium agreement, or site plan
agreement;
ii.
The number of lots used for model homes shall not exceed 10% of the
number of draft approved lots for a plan of subdivision or 15 lots,
whichever is less; and
iii.
Compliance with all other standards and provisions of this By-law, as
though the buildings were constructed on lots within a registered plan
of subdivision, plan of condominium, or site plan.
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Allandale MTSA Community Planning Permit By-law
3.4.5.3
Occasional or Special Events
An occasional or special event, for profit or not, is permitted on a lot in any
District, provided the event is limited to a maximum of four days within a
calendar year.
3.4.5.4
Seasonal Sale of Fruit and Vegetables
a. The sale of fruit, vegetables, plants, other homemade/farm produce, or
artisanal products on a seasonal basis is permitted in an Allandale
Community Hub (A-CH) District, subject to the applicable District standards.
b. The sale of permitted products must be done through temporary garden
centres, temporary fruit stands, or temporary farmers markets.
3.4.5.5
Temporary Sales Trailers
A temporary construction shed, trailer, site office, or sales office may be provided
on a construction site or in a plan of subdivision for the period during which the
construction of new buildings is taking place, provided that the temporary building
or structure is placed in accordance with the standards and provisions of Section
5 - Allandale Major Transit Station Area Districts of this By-law.
3.4.5.6
Temporary Shipping, Storage Containers, and Large Disposal Bins
The use of shipping containers for storage and/or moving, including large
disposal bins, is permitted in both Allandale Neighbourhood, Allandale
Community Hub, and Allandale Mixed Use Districts for up to 90 days and shall
only be located on a driveway.
3.4.6 Waste Management for Multi-residential Buildings
a. Notwithstanding any provisions to the contrary, all buildings and structures
containing six or more dwelling units shall provide waste receptacles (such
as garbage, recycling, and organic waste bins), according to the following
standards:
i.
The storage of a waste receptacle, or receptacles, shall be within the
primary building, or a permitted accessory building or structure;
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Allandale MTSA Community Planning Permit By-law
ii.
Any accessory building or structure accommodating waste receptables
shall not be permitted within the front yard;
iii.
Any accessory building or structure accommodating waste receptables
shall not be permitted within 10 metres of the front face of the primary
building;
iv.
The main opening of an accessory building or structure
accommodating waste receptables shall not face any street frontage;
and,
v.
All other standards related to accessory buildings or structures
contained in Sections 3.2 - Accessory Buildings and Structures.
3.4.7 Development Adjacent to Rail Corridors
Where development is located within 150 metres of a rail corridor, as identified
on Schedule E: Transportation Network, consultation with the Barrie-Collingwood
Railway (BCRY) and/or Metrolinx shall be required.
3.5 Specific Use Standards
3.5.1 Additional Residential Units
a. An additional residential unit is only permitted as an accessory use within
a detached building, semi-detached building, and row house.
b. An additional residential unit shall be located on the same lot as a primary
building that has frontage on a municipal street.
c. A maximum of three additional residential units are permitted, such that the
total number of dwelling units on the lot does not exceed four in total.
d. A 1.2-metre-wide unobstructed path of travel shall be provided to the primary
entrance of the additional residential unit from the street, driveway, or
parking space.
e. Notwithstanding any other provision of this By-law, an additional residential
unit shall not be located within any area subject to natural hazards such as
flooding or erosion hazards.
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Allandale MTSA Community Planning Permit By-law
3.5.2 Additional Residential Units within an Accessory Building
a. An additional residential unit located within an accessory building is a
accessory use to any detached dwelling, semi-detached dwelling, and
row house. It may also be referred to as a coach house.
b. Additional residential units located within an accessory building are subject
to the standards found in Table 6: Standards for Additional Residential Units
located in an Accessory Building.
Table 6: Standards for Additional Residential Units located in an Accessory Building
Development Standard
Requirement
Maximum Building Height
4.5 m or the height of the primary building
on site, whichever is less
Minimum Front Yard Setback
7 m
Minimum Interior Side Yard Setback
3 m
Minimum Exterior Side Yard Setback
3 m
Minimum Rear Yard Setback
3 m
Landscape Buffer Areas
Landscape buffer areas must be
provided between the lot line and the
accessory building containing an
additional residential unit.
c. An additional residential unit located within an accessory building shall be
located on the same lot as the primary building that fronts on a municipal
street.
d. An additional residential unit may be located within or attached to an
accessory building, provided said accessory building complies with the
minimum setback requirements, as established in this By-law.
e. A maximum of two accessory buildings containing an additional residential
unit may be permitted per lot.
f. An accessory building shall only contain up to two dwelling units.
g. An accessory building containing an additional residential unit is not
permitted to have a basement.
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Allandale MTSA Community Planning Permit By-law
h. An accessory building containing an additional residential unit is not
permitted in a front yard.
i. The maximum distance between the front lot line and the primary entrance
to an additional residential unit within an accessory building shall be 40
metres.
j. An accessory building containing an additional residential unit shall be
included when calculating the maximum lot coverage for the primary
building, as established in this By-law.
k. Any external stairways, landings, steps, eaves, roof overhangs air
conditioners, mechanical equipment, chimney breasts, bay windows,
decks, porches, awnings, and any other similar architectural or mechanical
features are permitted to encroach to a maximum of 0.6 metres into the
required yard setbacks, as established by this By-law.
l. Notwithstanding any other provision of this By-law, an additional residential
unit shall not be located within any area subject to natural hazards such as
flooding or erosion hazards.
3.5.3 Commercial Vehicles and School Buses
a. The parking and storage of commercial vehicles more than 4,500 kg gross
vehicle weight, or those designed specifically for commercial, industrial, or
agricultural purposes, is prohibited in all Districts.
b. School buses are permitted to be parked and stored in an Allandale
Community Hub (A-CH) District if there is a school or place of worship
located on the same lot.
3.5.4 Food/Refreshment Stands
A food/refreshment stand shall:
a. Be established on the same lot as the primary use or building;
b. Be setback a minimum of 2 metres from any lot line;
c. Not be permitted within a required landscape area or amenity area;
d. Not be permitted to occupy any required parking spaces.
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Allandale MTSA Community Planning Permit By-law
e. Any permitted food/refreshment stand is required to meet the requirements
of all other municipal by-laws.
3.5.5 Home Occupations
a. A home occupation is permitted in a dwelling unit or an accessory building
to a dwelling unit in all Districts, subject to the following provisions:
i.
A home occupation must not become a nuisance because of noise,
odour, dust, fumes, vibration, radiation, glare, traffic, or parking
generated;
ii.
The maximum gross floor area of a home occupation is 30% of the
gross floor area of the dwelling unit that it is associated with, except
for a home-based child care which is not subject to the maximum
gross floor area requirements;
iii.
Operators of home occupations must reside in the dwelling unit that
the home occupation is associated with. A maximum of one employee
other than a resident of the associated dwelling unit is permitted to
work at the home occupation;
iv.
A home occupation must take place entirely within an enclosed
building, except for home-based child care or other uses requiring
outdoor instruction; and
v.
Outdoor storage associated with a home occupation is not
permitted.
b. The following uses are prohibited as a home occupation:
i.
The sale and servicing of motor vehicles, recreational vehicles, or any
motorized equipment;
ii.
Primary direct sales where the primary use is point of sale transactions
direct to the consumer, excluding sales of any service-related products
or items made on the premises; and
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Allandale MTSA Community Planning Permit By-law
iii.
A retail store.
3.5.6 Prohibited Uses
Notwithstanding anything contained in this By-law, the following uses shall not be
permitted within any District:
a. Any use which, from its nature or the materials used therein, is declared by
the City to be noxious or offensive trade, business, or manufacture, shall be
prohibited.
i.
For the purposes of this provision, the manufacturing and processing
of noxious products is defined as the manufacturing, refining, or
rendering of acid, ammonia, chlorine, coal, creosote, explosives,
fireworks, petroleum, asbestos products, asphalt, tar, blackening or
polish, brick, tile, cement, gypsum, lime, plaster of Paris, dextrin,
glucose or starch, dye, fat, grease, lard or tallow, gelatin, glue or size,
soda, potash, fertilizers, vinegar, rubber and vehicle tires, or similar
substances.
b. A track for the racing or testing of automobiles, motorcycles, go-carts or
snowmobiles.
c. Privately owned trailer camps.
d. Storage of polychlorinated biphenyl (PCB's).
e. Bulk open storage of coal or coke or other material which may be noxious by
emission of dust or odours.
f. Smelters.
g. The parking and storage of commercial vehicles in excess of 4500kg gross
vehicle weight, or those designed specifically for commercial, industrial or
agricultural purposes within the Allandale Neighbourhood and Environmental
Protection Area Districts.
h. Unauthorized or unlicensed sale, or offer of sale, of illegal, regulated, or
restricted goods, products or services, including but not limited to body rub
parlours and dispensaries.
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Allandale MTSA Community Planning Permit By-law
3.5.7 Outdoor Commercial Patios
An outdoor commercial patio may not exceed 50% of the gross floor area of the
use to which it is an accessory.
3.5.8 Recreational Vehicles or Trailers
The use of a recreational vehicle or trailer, for living, sleeping, housekeeping
purposes, or as a residential unit, is prohibited in all Districts unless otherwise
specified by this By-law.
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Allandale MTSA Community Planning Permit By-law
4 Parking and Loading
4.1 Variation to Parking and Loading Provisions
4.1.1 Any variation to a provision as outlined in Section 4 - Parking and Loading will be
subject to Section 1.12 - Variations to the Standards of this By-law, and
classified as a Class 2 community planning permit, unless otherwise noted.
4.1.2 If the parking and loading standards in Section 4 - Parking and Loading conflict
with the Heritage Character (HC) standards in Section 6 - Heritage Character
(HC) Provisions, then those standards of Section 6 shall prevail.
4.2 General
4.2.1 Within the Community Planning Permit Area shown on Schedule A, no parking is
required.
4.2.2 The parking exemption in the Community Planning Permit Area does not apply to
required bicycle parking spaces or accessible parking spaces when parking is
provided.
4.2.3 Where parking is proposed to be provided, parking spaces shall comply with the
design requirements in Section 4.3 - Minimum Parking Space Sizes, and the
design requirements and minimum number of barrier free parking spaces per
Section 4.4 - Minimum Barrier-Free Parking Space Requirements, and must be
provided and maintained in accordance with the following requirements:
a. Parking spaces must be located on the same lot as the corresponding use
and building, unless otherwise specified by this By-law;
b. If more than four parking spaces are provided on a lot with a non-residential
use, then all parking spaces shall be clearly marked; and
c. Parking is not permitted in any required landscaped buffers.
4.3 Minimum Parking Space Sizes
4.3.1 Each parking space, except for barrier free parking spaces, shall have a
minimum width of 2.7 m and a minimum length of 5.5 metres.
4.3.2 Each parallel parking space shall be a minimum width of 2.7 metres and a
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Allandale MTSA Community Planning Permit By-law
minimum length of 6.7 metres, except for the first and/or last space in a row,
which may have a minimum length of 5.5 metres provided it is located a
minimum of 1.5 metres from any intersecting street, lane or obstruction.
4.3.3 Structural columns located within a parking structure may encroach into a
required parking space, provided that the encroachment does not reduce the
width of the parking space to less than 2.5 metres.
4.4 Minimum Barrier-Free Parking Space Requirements
4.4.1 Each Type A barrier-free parking space shall have a minimum width of 3.4 metres
and a minimum length of 5.5 metres.
4.4.2 Each Type B barrier-free parking space shall have a minimum width of 3.1
metres and a minimum length of 5.5 metres.
4.4.3 Barrier-free parking spaces shall be provided in accordance with Table 7:
Minimum Barrier-Free Parking Spaces.
Table 7: Minimum Barrier-Free Parking Spaces
Total Number of Parking
Spaces
Number of Barrier-Free Parking Spaces
12 or fewer
1 Type A barrier-free parking space
13 to 100
4% of the total number of parking spaces
101 to 200
1 space + 3% of the total number of parking spaces
201 to 1000
2 spaces + 2% of the total number of parking spaces
More than 1000
11 spaces + 1% of the total number of parking spaces
4.4.4 Where an even number of barrier-free parking spaces are required, parking
spaces shall be equally divided between Type A and Type B barrier-free parking
spaces.
4.4.5 Where an odd number of barrier-free parking spaces are required, the additional
odd numbered barrier-free parking space may be a Type B barrier-free parking
space.
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Allandale MTSA Community Planning Permit By-law
4.4.6 When either a Type A or Type B barrier-free parking space is provided they shall
include an adjacent 1.5-metre-wide access aisle. The access aisle shall be the
same length as the required barrier-free parking space.
4.4.7 When two barrier-free parking spaces are adjacent to one another they may
share the same access aisle width of 1.5 metres.
4.4.8 Where there is potential conflict relating to the provision of barrier-free parking
spaces in this Section 4.4, the Accessibility for Ontarians with Disabilities Act
(AODA) applies.
4.5 Minimum Parking Aisle Widths
4.5.1 A parking aisle, for one-way traffic only, must provide the minimum aisle widths
stated in Table 8: Minimum Parking Aisle Widths for One-Way Traffic.
4.5.2 For two-way traffic, a minimum parking aisle width of 6 metres is required.
4.5.3 A parking structure may not exceed 10 metres in height.
Table 8: Minimum Parking Aisle Widths for One-Way Traffic
Angle of Parking Space
Minimum Aisle Width for one-way
Traffic
30 degree
2.8 m
45 degree
3.4 m
60 degree
5.2 m
90 degree
3.7 m
Parallel to curb
3.7 m
4.6 Driveways associated with a Residential Use
A driveway must be a minimum 2.7 metres wide, minimum 6 metres long, and
may provide a connection to any parking area located in the rear yard, interior
side yard, or exterior side yards from a street.
4.7 Stacked Parking
Stacked parking is permitted by way of a multi-level parking system such as a car
lift. Both a car lift and any structure containing a multi-level parking system, when
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Allandale MTSA Community Planning Permit By-law
separate from a primary building, shall be considered an accessory structure.
4.8 Bicycle Parking
4.8.1 The number of bicycle parking spaces required by this By-law must be provided
on the same lot as the corresponding use or building.
4.8.2 If a lot contains more than one use, the required number of bicycle parking
spaces is the sum of all bicycle parking spaces required for each use.
4.8.3 If a lot contains more than one non-residential building, then the bicycle parking
space requirements are calculated and provided for each building as though they
are on their own individual lot.
4.8.4 Notwithstanding the definition of gross floor area, for the purpose of calculating
the required number of bicycle parking spaces, any floor area that is dedicated
solely to the storage of goods or products is permitted to be excluded from the
gross floor area calculation.
4.8.5 All bicycle parking racks and bicycle lockers must be secured to the ground, floor,
or wall.
4.8.6 All long-term bicycle parking spaces must be a minimum of 1.8 metres in
length, a minimum of 0.6 metres in width, and overhead clearance in covered
spaces shall be a minimum of 2.1 metres, but if a long-term bicycle parking
space provides for storage of a bicycle in a vertical position, then the minimum
length may be reduced to 1.2 metres.
4.8.7 All outdoor bicycle parking spaces must be surfaced with asphalt, concrete, or
pavers.
4.8.8 The minimum bicycle parking requirements do not apply to ground-oriented
buildings in all Districts.
4.8.9 0.1 bicycle parking spaces per dwelling unit, are required for a residential
building containing 10 or more dwelling units.
4.8.10 0.3 bicycle parking spaces per 100 square metres of gross floor area are
required for all other uses.
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Allandale MTSA Community Planning Permit By-law
4.9 Loading Spaces
4.9.1 For any industrial or commercial use, loading spaces shall be provided and
maintained on the same lot in accordance with Table 9: Minimum Number of
Required Loading Spaces.
4.9.2 Loading spaces shall be a minimum of 3 metres in width, 9 metres in length, and
4 metres in vertical clearance, and shall:
a. Not be in the front yard or exterior side yard of any lot;
b. Be located adjacent to the structure for which they serve and shall be
screened from view of any public street or highway; and
c. Not be located within 6 metres of any lot line abutting a street.
Table 9: Minimum Number of Required Loading Spaces
Gross Floor Area
Number of Required Loading Spaces
Up to 999 m2
0
From 1,000 to 2,999 m2
1
From 3,000 to 7,499 m2
2
From 7,500 to 13,999 m2
3
From 14,000 to 19,999
m2
4
20,000 m2 or greater
One loading space for each additional 10,000 m2
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Allandale MTSA Community Planning Permit By-law
5 Allandale Major Transit Station Area Districts
5.1 Community Planning Permit Districts
5.1.1 The Allandale Major Transit Station Area (MTSA), as shown on Schedule A, is
designated as one contiguous Community Planning Permit Area.
5.1.2 The Community Planning Permit Area is comprised of the following Community
Planning Permit Districts:
a. Allandale Neighbourhood One (A-N1)
b. Allandale Neighbourhood Two (A-N2)
c. Allandale Mixed Use One (A-MU1)
d. Allandale Mixed Use Two (A-MU2)
e. Allandale Community Hub (A-CH)
f. Environmental Protection Area (EP)
5.2 Allandale Neighbourhood Districts
5.2.1 Allandale Neighbourhood Districts Permitted Uses
a. Primary uses permitted in the Allandale Neighbourhood One (A-N1) District
include:
- Residential Care Facility
- Detached Building
- Group Home
- Hospice
- Row House
- Semi-detached Building
- Shared Accommodation
b. Primary uses permitted in the Allandale Neighbourhood Two (A-N2)
Districts include:
- All the uses permitted in the Allandale Neighbourhood One (A-N1)
District
- Multi-unit Residential Building
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Allandale MTSA Community Planning Permit By-law
c. Accessory uses permitted in the Allandale Neighbourhood One (A-N1) and
Two (A-N2) Districts include:
- Home Occupation
- Additional Residential Unit(s)
d. Additional primary uses permitted in the Allandale Neighbourhood One (A-
N1) District on lots with frontage along an arterial or collector road, as
identified on Schedule E include:
- Child care
e. Additional primary uses permitted in the Allandale Neighbourhood Two (A-
N2) District on lots with frontage along an arterial or collector road, as
identified on Schedule E include:
- Animal-related Services
- Child care
- Farmers Market
- Fitness or Health Club
- Food/Refreshment Stand
- Food/Refreshment Vehicle
- Health Services Facility
- Local Convenience Retail
- Office
- Personal Services
- Residential unit(s) in conjunction with permitted Commercial Uses
- Restaurant
- Retail store
- School
f. Discretionary uses permitted in the Allandale Neighbourhood One (A-N1) and
Two (A-N2) Districts include:
- Public Service Facilities
- Community Facilities
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Allandale MTSA Community Planning Permit By-law
5.2.2 Allandale Neighbourhood District Development Criteria
a. Any lot within the Allandale Neighbourhood One (A-N1) District may contain a
maximum of four dwelling units, subject to the following:
i.
Lots with a detached building, semi-detached building, or row
house are subject to the additional residential unit standards in
Section 3.5.1 - Additional Residential Units and Section 3.5.2 -
Additional Residential Units within an Accessory Building if they
contain more than one dwelling unit. Additional residential units
may be purpose-built at the same time the primary building is
constructed or added later.
ii.
For lots with Shared Accommodation or Residential Care Facility,
two rooming units are equivalent to one dwelling unit.
b. A mix of residential uses and non-residential uses, where permitted, may be
co-located within a single building or multiple buildings on a lot.
Notwithstanding this, the establishment of a mix of uses within the Allandale
Neighbourhood Districts will require a community planning permit.
c. Discretionary uses may only be permitted subject to meeting the criteria set
out in Section 1.11 - Discretionary Uses of this By-law.
d. All lots within the Allandale Neighbourhood One (A-N1) District are subject
to Section 6 - Heritage Character (HC) Provisions, of this By-law.
e. Development on lots subject to Section 6 - Heritage Character (HC)
Provisions, shall comply with the heritage design criteria established in
Section 6, in addition to all other applicable standards of this By-law.
f. Parking provided in the front yard of any lot within the Allandale
Neighbourhood Districts is only permitted on 60% of the front yard area,
and subject to Section 3.4.1 - Landscaped Area.
5.2.3 Allandale Neighbourhood One (A-N1) District Standards
a. The uses permitted in the Allandale Neighbourhood One (A-N1) District are
subject to the development standards in Table 10: Allandale Neighbourhood
One (A-N1) Development Standards.
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Allandale MTSA Community Planning Permit By-law
Table 10: Allandale Neighbourhood One (A-N1) Development Standards
Development Standards
Requirement
Class 2 variation
Maximum Lot Coverage
50%
75%
Minimum Lot Frontage
10 m
6 m
Minimum Exterior Side Yard
Setback
3 m
1.2 m
Minimum Front Yard Setback
Subject to Section 6.2
- Front Yard Setback
Standards [Heritage
Character (HC)
Provisions]
Subject to Section 6.2 -
Front Yard Setback
Standards [Heritage
Character (HC)
Provisions]
Minimum Interior Side Yard
Setback
1.2 m
0.6 m
Minimum Rear Yard Setback
7 m
6 m
Minimum Landscaped Area
20%
10%
Maximum Building Height
10 m
12 m
b. The following provisions apply to Table 10:
i.
Notwithstanding the minimum side yard setback requirements, semi-
detached and row houses may provide a minimum interior side
yard setback of 0 metres, only in the case of a shared lot line with
another building.
ii.
Notwithstanding the minimum landscaped area requirements,
detached, semi-detached buildings, and row houses, are exempt
from providing any landscaped area.
5.2.4 Allandale Neighbourhood One (A-N1) District Development Criteria
a. All lots within the Allandale Neighbourhood One (A-N1) District are subject
to Section 6 - Heritage Character (HC) Provisions, of this By-law.
i.
Development on lots subject to Section 6 - Heritage Character (HC)
Provisions, shall comply with the heritage design criteria established in
Section 6, in addition to all other applicable standards of this By-law.
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Allandale MTSA Community Planning Permit By-law
ii.
Where there is a conflict between the Heritage Character (HC)
Provisions of Section 6, and another standard within this By-law, the
Heritage Character (HC) provisions shall prevail.
b. No buildings within the Allandale Neighbourhood One (A-N1) District may
exceed four storeys in height.
5.2.5 Allandale Neighbourhood Two (A-N2) District Development Standards
a. The uses permitted in the Allandale Neighbourhood Two (A-N2) District are
subject to the development standards referenced in Table 11: Allandale
Neighbourhood Two (A-N2) Development Standards.
Table 11: Allandale Neighbourhood Two (A-N2) Development Standards
Development Standards
Requirement
Class 2 variation
Maximum Lot Coverage
50%
75%
Minimum Lot Frontage
10 m
6 m
Minimum Exterior Side Yard
Setback
3 m
1.2 m
Minimum Front Yard Setback
3 m
2.4 m
Minimum Interior Side Yard
Setback
1.2 m
0.6 m
Minimum Rear Yard Setback
5 m
4 m
Minimum Landscaped Area
20%
10%
Maximum Building Height
12 m
14 m
Minimum Ground Level Floor
Height
4.5 m
3 m
b. The following provisions apply to Table 11:
i.
Notwithstanding the minimum front yard setback requirement, a
multi-residential building, including mid-rise buildings, shall provide
a minimum front yard setback of 5 metres, and is subject to the Class
2 variation.
ii.
Notwithstanding the minimum side yard setback requirement, semi-
detached and row houses may provide a minimum interior side
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Allandale MTSA Community Planning Permit By-law
yard setback of 0 metres, only in the case of a shared lot line with
another building.
iii.
Notwithstanding the minimum landscaped area, detached, semi-
detached buildings and row houses are exempt from providing any
landscaped area.
iv.
Notwithstanding the minimum ground floor level height may be
reduced to 3 metres, where a building is exclusively used for
residential uses.
5.2.6 Allandale Neighbourhood Two (A-N2) District Development Criteria
a. Buildings within the Allandale Neighbourhood Two (A-N2) District shall be
permitted up to four storeys, subject to the maximum height standards in
Table 11: Allandale Neighbourhood Two (A-N2) Development Standards.
b. Buildings over four storeys, to a maximum of six storeys, may be permitted on
minor collector, major collector, and arterial roads within the Allandale
Neighbourhood Two (A-N2) District, as identified on Schedule E, subject to a
Class 3 permit review.
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Allandale MTSA Community Planning Permit By-law
5.3 Allandale Mixed Use Districts
5.3.1 Permitted Uses
a. Primary uses permitted in the Allandale Mixed Use One (A-MU1) and Two
(A-MU2) Districts include:
- Residential Care Facility
- Child care
- Commercial Entertainment and Recreational Establishment
- Commercial School
- Community Facilities
- Conference and Trade Centre
- Farmers Market
- Fitness or Health Club
- Funeral Establishment
- Government Services
- Group Home
- Health Services Facility
- Hospice
- Hotel/Motel
- Micro Brewery
- Micro Distillery
- Multi-unit Residential Building
- Office
- Personal Services
- Public Service Facilities
- Repair Service
- Residential unit(s) in conjunction with permitted uses
- Restaurant
- Retail store
- School
- Shared Accommodation
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- Social Services Facility
b. Accessory uses permitted in the Allandale Mixed Use One (A-MU1) and Two
(A-MU2) include:
- Home Occupation
- Additional Residential Unit(s)
- Food/Refreshment Stands
- Food/Refreshment Vehicle
5.3.2 Allandale Mixed Use Districts Development Criteria
a. Accessory dwelling units shall only be permitted in an existing detached
building, semi-detached building or row house in the Allandale Mixed Use
Districts, subject to the provisions in Section 3.5.1 - Additional Residential
Units and Section 3.5.2 - Additional Residential Units within an Accessory
Building.
b. Seasonal arctic entries or vestibules shall be permitted to encroach into a
front yard but shall not obstruct pedestrian clear zones.
c. All buildings must be setback a minimum of 0.3 metres from a lot line
abutting a lane in the Allandale Mixed Use One (A-MU1) and Allandale Mixed
Use Two (A-MU2) Districts.
d. Buildings on lots fronting onto Essa Road, an arterial road as per Schedule E
of this By-law, shall provide a minimum of one accessory use in addition to a
primary use. These combination of uses shall be located within the same
building, with any residential uses provided on floors above the first floor, or
ground level floor, and any commercial, institutional, office, or retail uses,
provided on the first floor, or ground level floor.
e. Where a combination of uses is not provided, a Class 2 permit shall provide a
Planning Justification Report or other similar study, as described in Schedule
C, to justify this variation.
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5.3.3 Allandale Mixed Use One (A-MU1) District Standards
a. The uses permitted in the Allandale Mixed Use One (A-MU1) District are
subject to the development standards referenced in Table 12: Allandale
Mixed Use One (A-MU1) Development Standards.
Table 12: Allandale Mixed Use One (A-MU1) Development Standards
Development Standards
Requirement
Class 2 variation
Maximum Lot Coverage
50%
90%
Minimum Lot Frontage
10 m
6 m
Minimum Exterior Side Yard
Setback
3 m
1.2 m
Minimum Front Yard Setback
5 m
3 m
Minimum Interior Side Yard
Setback
1.2 m
0 m
Minimum Rear Yard Setback
7.5 m
6 m
Minimum Landscaped Area
15%
10%
Maximum Building Height
20 m
40 m
Minimum Ground Level Floor
Height
4.5 m
3 m
b. The following provisions apply to Table 12:
i.
Notwithstanding the requirements of Table 12, any alterations or
additions to an existing detached building, semi-detached building,
or row house in the Allandale Mixed Use District shall be subject to
the Allandale Neighbourhood District Two (A-N2) development
standards.
ii.
Notwithstanding the minimum interior side yard setback requirement,
the tower of a mid-rise building shall have an interior side yard
setback of 7.5 metres, and a reduction to 6 metres may be considered
through a Class 2 variation. The podium of a mid-rise building may
have a minimum interior side yard setback of 0 metres, through a
Class 2 variation.
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iii.
Notwithstanding the minimum landscaped area requirements, a
detached building, semi-detached building, and row house are
exempt from providing any landscaped area.
iv.
Notwithstanding the minimum ground floor level height requirement,
may be reduced to 3 metres, where a building is exclusively used for
residential uses.
5.3.4 Allandale Mixed Use Two (A-MU2) District Standards
a. The uses permitted in the Allandale Mixed Use Two (A-MU2) District are
subject to the development standards referenced in Table 13: Allandale
Mixed Use Two (A-MU2) Development Standards.
Table 13: Allandale Mixed Use Two (A-MU2) Development Standards
Development Standards
Requirement
Class 2 variation
Maximum Lot Coverage
50%
90%
Minimum Lot Frontage
10 m
6 m
Minimum Exterior Side Yard
Setback
3 m
1.2 m
Minimum Front Yard Setback
5 m
3 m
Minimum Interior Side Yard
Setback
1.2 m
0 m
Minimum Rear Yard Setback
7.5 m
6 m
Minimum Landscaped Area
15%
10%
Maximum Building Height
40 m
80 m
Minimum Ground Level Floor
Height
4.5 m
3 m
b. The following provisions apply to Table 13: Allandale Mixed Use Two (A-MU2)
Development Standards.
i.
Notwithstanding the minimum interior side yard setback, the tower of
a mid and/or high-rise building shall have an interior side yard
setback of 7.5 metres, and a reduction to 6 metres may be considered
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through a Class 2 variation. The podium of a mid- and/or high-rise
building may have a minimum interior side yard setback of 0 metres,
through a Class 2 variation.
ii.
Notwithstanding the minimum landscaped area, all detached, semi-
detached buildings, and row houses, are exempt from providing any
landscaped area.
iii.
Notwithstanding the minimum ground floor level height, it may be
reduced to 3 metres, where a building is exclusively used for
residential uses.
5.4 Allandale Community Hub (A-CH) District
5.4.1 Permitted Uses
a. Primary uses permitted in the Allandale Community Hub (A-CH) District
include:
- Residential Care Facility;
- Child care;
- Commercial School;
- Community Facilities;
- Farmers Market and pop-up retail market;
- Government Services;
- Group Home
- Health Services Facility;
- Hospice;
- Major institutional;
- Mobility hubs;
- Naturalized area;
- Office;
- Office, Major;
- Outdoor Recreation;
- Parks and Open Space;
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- Public Service Facilities; and
- Schools.
b. Accessory uses permitted in the Allandale Community Hub (A-CH) District
include:
- Commercial Uses, forming part of a mixed-use development;
- Fitness or Health Club;
- Food/Refreshment Stand;
- Home Occupation;
- Residential uses;
- Restaurant;
- Retail uses, forming part of a mixed-use development; and
- Shared Accommodation.
c. Discretionary uses permitted in the Allandale Community Hub (A-CH) District
include:
- Cemetery; and
- Food/Refreshment Vehicle.
5.4.2 Allandale Community Hub (A-CH) District Standards
a. The uses permitted in the Allandale Community Hub (A-CH) District are
subject to the development standards referenced in Table 14: Allandale
Community Hub (A-CH) Development Standards.
Table 14: Allandale Community Hub (A-CH) Development Standards
Development Standards
Requirement
Class 2 variation
Minimum Lot Area
1,500 m2
500 m2
Maximum Lot Coverage
70%
80%
Minimum Exterior Side Yard
Setback
3 m
1.2 m
Minimum Front Yard Setback
3 m
1.2 m
Minimum Interior Side Yard
Setback
3 m
1.2 m
Minimum Rear Yard Setback
5 m
4 m
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Minimum Landscaped Area
20%
10%
Maximum Building Height
20 m
40 m
Maximum Building Length
90 m
120 m
Minimum Ground Level Floor
Height
4.5 m
3 m
b. The following provision applies to Table 14:
i.
Notwithstanding the maximum building height requirement, the
maximum building height is restricted to 10 metres where no
accessory use is being provided.
5.4.3 Allandale Community Hub (A-CH) Development Criteria
a. Permitted accessory uses as described in Section 5.4.1.b) may be located
within the same building, or a separate building on the same lot, as a
permitted primary use. The primary use must be established before, or at
the same time, as an accessory use.
b. Should a primary use described in Section 5.4.1.a) no longer exist on a lot
within the Allandale Community Hub (A-CH) District, that lot may be
developed in accordance with policy 2.6.4.2 c) of the Official Plan, as
amended. New development may adopt the majority permitted use on
surrounding lots. New development will be considered through a Class 2 or
Class 3 permit.
5.5 Environmental Protection Area District
5.5.1 Permitted Uses
a. Primary uses permitted in the Environmental Protection Area (EP) District
include:
- Conservation Uses
- Ecological Management Measures
- Low Impact Recreational Facilities
- Naturalized Areas
- Recreational Trail
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5.5.2 Permitted Buildings and Structures
No buildings or structures are permitted in the Environmental Protection Area
(EP) District, except for those associated with the uses identified in Section
5.5.1 - Permitted Uses.
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6 Heritage Character (HC) Provisions
6.1 Purpose and Application
6.1.1 Heritage Character (HC) provisions are established to conserve the heritage
character of Allandale while accommodating incremental residential infill that is
consistent with the vision for the Allandale Major Transit Station Area.
6.1.2 Heritage Character (HC) provisions apply to:
a. All lands within the Allandale Neighbourhood One (A-N1) District;
b. Properties designated under Part IV of the Ontario Heritage Act;
c. Properties listed on the Heritage Register; and
d. Properties identified by a heritage impact assessment and/or other studies
as contributing to the heritage character of Allandale.
6.1.3 Heritage Character (HC) provisions apply to all development except:
a. Interior alterations that do not affect the exterior appearance of a building;
b. Ordinary repairs and maintenance that do not alter heritage attributes;
c. Emergency repairs necessary for public safety; and
d. Development exempted under Section 1.9.1 - Community Planning Permit
Exemptions.
6.1.4 Variation to Heritage Character Provisions
Any variation to a Heritage Character (HC) provision will be subject to Section
1.12 - Variations to the Standards of this By-law, and Section 1.18 - Approval
Criteria, and classified as a Class 2 permit variation, unless otherwise noted.
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6.2 Front Yard Setback Standards
6.2.1 On lands subject to the Heritage Character (HC) provisions, the minimum front
yard setback shall be 4.5 metres, and the maximum front yard setback shall be
5 metres.
6.2.2 Articulated non-interior openings, including porches, verandas, and bay
windows, may encroach into the required front yard setback to a maximum of
1.5 metres.
6.2.3 Variations to the front yard setback standards may be approved as a Class 2
permit variation where the applicant demonstrates that the variation:
a. Is necessary due to unique site characteristics;
b. Maintains the general alignment and rhythm of the streetscape; and
c. Is in keeping with the heritage character of the street.
6.3 Heritage Design Criteria
6.3.1 General Design Principles
a. Development on lands subject to the Heritage Character (HC) provisions
shall be compatible with, the heritage character of the surrounding area.
New buildings may replicate historic architectural styles and shall incorporate
design elements that complement the scale, massing, and proportions of
existing heritage buildings.
b. Development shall reinforce the existing pattern of lot widths, building
spacing, and street rhythm established by historic development.
c. Development should include the adaptive reuse of historic buildings, where
possible, to prevent them from being left idle and in disrepair.
6.3.2 Building Scale and Massing
a. New buildings shall be consistent with the height and massing of adjacent
buildings, generally ranging from 1.5 to 2.5 storeys, but no greater than the
maximum building height established in Table 10: Allandale Neighbourhood
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One (A-N1) Development Standards, and may be subject to Class 2 variation
per Table 10.
b. Building widths shall be consistent with the prevailing pattern of building
widths on the street, with larger buildings articulated to reduce their apparent
scale.
6.3.3 Façade Articulation
a. Front façades shall include a primary entrance facing the street, with
architectural elements such as porches, verandas, or covered entries that
contribute to street activity and neighbourhood character.
b. Blank walls facing the street or adjacent properties are prohibited. All
façades visible from the street shall include windows, architectural detailing,
or other elements that provide visual interest.
c. Walls located closer than 12 metres from the lot line facing any street shall
provide a minimum opening coverage on the façade of 25%. For the
purposes of this provision, garage doors and workshop doors are not
considered openings.
6.3.4 Materials
a. As part of the review of a Class 2 permit application on lands subject to the
Heritage Character (HC) Provisions, the City may consider the compatibility of
proposed exterior cladding materials with the heritage character of the
neighbourhood.
b. In evaluating material compatibility, the City may consider:
i.
Whether primary cladding materials are durable and consistent with
the material palette of existing heritage buildings in the surrounding
area;
ii.
The extent to which proposed materials complement or detract from
the streetscape character; and,
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iii.
Whether the use of materials such as vinyl siding, Exterior Insulation
and Finish Systems (EIFS), mirrored glass, or metal siding as primary
cladding on street-facing façades would adversely affect heritage
character.
6.3.5 Garages and Driveways
a. Attached garages shall be set back a minimum of 4 metres from the front
façade of the primary building or located in the rear yard.
b. Walls without living area openings, such as garage doors and workshop
doors, shall be set back a minimum of 7 metres from the property line facing
any street.
c. Garage doors shall not exceed 50% of the width of the front façade.
d. Attached garages for semi-detached building shall not be located
adjacent to each other and shall have at least one outer wall.
e. Driveways shall be located to minimize the impact on existing trees and front
yard landscaping.
f. Driveways shall have a maximum width equal to 50% of the lot frontage, up
to a maximum of 6 metres.
6.4 Additions and Accessory Structures
6.4.1 Additions
a. Additions to existing buildings on lands subject to the Heritage Character
(HC) Provisions shall be:
i.
Located to the side or rear of the primary building;
ii.
Set back a minimum of 1 metre from the front façade of the primary
building;
iii.
Subordinate in scale, height, and massing to the primary building; and
iv.
Designed with materials and architectural details compatible with the
primary building and neighbourhood character.
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6.4.2 Accessory Buildings
a. A minimum front yard setback of 11 metres shall be required for detached
accessory buildings.
b. Attached accessory non-living space such as garages and workshops shall
not exceed 50% of the dwelling unit floor area.
6.4.3 Coach Houses and Additional Residential Units
a. Coach houses and additional residential units on lands subject to the
Heritage Character (HC) provisions shall be:
i.
Located in the rear yard;
ii.
Limited to 1.5 storeys or 4.5 m in height, whichever is less;
iii.
Subordinate in scale and massing to the primary dwelling; and
iv.
Designed with materials compatible with the primary dwelling and
neighbourhood character.
b. Where there is a conflict between the above provisions and the standards of
Section 3.5.2 - Accessory Residential Units within an Accessory Building, the
Heritage Character (HC) Provisions above shall prevail.
6.5 Height Transitions
6.5.1 On lands subject to the Heritage Character (HC) Provisions, buildings shall not
exceed 10 metres in height, unless a greater height was legally established prior
to the effective date of this By-law.
6.6 Required Studies
6.6.1 Heritage Impact Assessment
a. A Heritage Impact Assessment prepared by a qualified heritage
professional shall be required for:
i.
Development, alteration, or demolition of a property designated under
Part IV of the Ontario Heritage Act;
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ii.
Development on lands adjacent to a property designated under Part
IV of the Ontario Heritage Act; and
iii.
Any other development where, in the opinion of the Executive Director
of Development Services, there is potential for significant impact on
cultural heritage resources.
b. The Heritage Impact Assessment shall:
i.
Describe the cultural heritage value and heritage attributes of the
property and adjacent properties;
ii.
Assess the potential impacts of the proposed development on
heritage attributes and heritage character;
iii.
Identify alternatives and mitigation measures to avoid, minimize, or
mitigate impacts; and
iv.
Recommend conditions of approval, where appropriate.
6.6.2 Historic Character Impact Evaluation
a. A historic character impact evaluation may be required for development
on lands subject to the Heritage Character (HC) Provisions where:
i.
A variation from the front yard setback standards is requested;
ii.
A variation from the heritage design criteria is requested; or
iii.
The proposed development may, in the opinion of the Executive
Director of Development Services, affect the historic character of the
streetscape.
b. The historic character impact evaluation shall include streetscape
analysis, photographic documentation, and an assessment of compatibility
with adjacent buildings.
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7 Tree Preservation
7.1 Purpose and Application
7.1.1 The intent of these provisions is to protect the existing tree canopy of the
Allandale Major Transit Station Area. Harm and/or destruction of significant
trees, as defined by this By-law, is generally discouraged, however, is permitted
in limited circumstances. These provisions do not apply to dead or dying trees
including those trees which present a potential hazard to life or property.
7.1.2 As per Section 1.10 - Permit Classifications, Approval Authority, Public Notice,
and Conditions, a Class 1 permit will be required for the removal of a significant
tree.
7.1.3 A report, prepared by a qualified professional, may be required for either a Class
1, or Class 2 permit, as determined by the City through pre-application
consultation.
7.2 Tree Preservation Requirements
7.2.1 Publicly and privately owned significant trees shall be preserved where
feasible. A tree preservation plan, or other similar plan, may be required as a
condition of permit approval under this By-law.
7.2.2 All municipal trees shall be protected and maintained. Permissions are required
for proposed harm and/or destruction of municipal owned trees. Where removal
is unavoidable, and should removal of a municipal tree be permitted, the
applicant will be required to provide monetary compensation as per the City's
Tree Protection Manual and appraisal method.
7.2.3 Where a significant tree is proposed to be removed, the applicant shall
demonstrate that:
a. Preservation is not feasible; and
b. Alternative solutions, including alternative site design that would preserve the
tree have been considered.
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7.2.4 Where a significant tree is proposed to be removed, and demonstration has
been accepted to the satisfaction of the Executive Director of Development
Services, or their designate, that preservation and replacement are not feasible,
ecological offsetting shall be provided in accordance with city policy.
7.3 Tree Preservation Plans
7.3.1 A tree preservation plan signed by a qualified professional shall be required
where:
a. A significant tree is proposed to be removed; or
b. Development is proposed within the drip line of a significant tree.
7.3.2 The tree preservation plan shall identify all significant trees on a site, assess
the health and viability of each tree, propose preservation and protection
measures, and identify replacement planting where tree removal is unavoidable.
7.3.3 Notwithstanding the above, a letter of opinion may be provided by a qualified
professional for consideration of Class 1 permits, and at the discretion of the
Executive Director of Development Services, or their designate.
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8 Definitions
A
Accessory Use means the use of a building, structure, or lot that is incidental and
subordinate to the primary use of the building, structure, or lot. Accessory uses are
not permitted to be stand-alone and are only permitted once the primary use is
established on a lot.
Additional Residential Unit (ARU) means a self-contained residential dwelling unit,
complete with separate kitchen and bathroom facilities located within, and ancillary to,
an existing dwelling. Additional Residential Units may be located within the primary
building or within an accessory building or structure on the same lot.
Adjacent means all land that borders a property along a common lot line, and all land
that would have bordered a property if they were not separated by a river, street,
railway, power transmission line, pipeline, or similar feature. When considering a
specific natural heritage feature or area, this includes all lands contiguous to that
specific feature, or area, where it is likely that development or site alteration would
have a negative impact on the feature or area. When calculating for a setback which
uses the term adjacent, adjacent lots are those which immediately abut the subject
property and which front on the same street.
Amenity Area means an outdoor communal area designed to be programed and used
for active or passive recreational uses such as, but not limited to, children's play areas,
seating areas, and/or sports facilities and fitness rooms for the shared use of the
occupants of a residential development. Amenity areas shall not include any required
landscaped area, landscaped buffer, or a parking area.
Angular Plane means an imaginary inclined plane rising over a lot, drawn at a
specified angle from a lot line abutting an Allandale Neighbourhood District, and which
together with other building and lot standards delineates the maximum permitted
building height.
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Animal-Related Services means the use of any lot, building, or structure, relating to
the permitting, sheltering, or other accommodation of animals, and more specifically,
domesticated animals kept as pets. Animal-related uses include animal boarding
establishments, animal shelters, and veterinary clinics.
Approval Authority means Council or the Executive Director of Development Services.
Articulated Non-Interior Openings means the front entrance stairs, porticos,
balconies, decks and porches or verandas, as well as openings on the front façade
which may extrude such as bay windows and front doors but shall not include garage
doors or windows.
Attached Garage, Storage means an attached garage used for the purposes of
general storage and does not include a vehicular parking space. An attached garage is
part of the building to which it is connected.
Attached Garage, Vehicular Storage means an attached garage used for the
purposes of a vehicular parking space. An attached garage is part of the building to
which it is connected.
B
Balcony means an attached platform projecting from the face of a wall which is directly
accessible from within a building, usually surrounded by a balustrade or railing, and
generally does not have direct exterior access at grade.
Building Height means the vertical distance from the average finished grade level to:
- In the case of a flat roof, the highest point of the highest roof surface;
- In the case of a mansard roof, the roof deck line;
- In the case where dormer(s) are provided, if any dormer is larger than 50% of
any roof structure, then the building height shall be measured to the midpoint of
the roof of the dormer; or
- In the case of any other roof, the mean height between the eaves and the highest
ridge of the roof, not including any roof or penthouse structure accommodating
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Allandale MTSA Community Planning Permit By-law
an elevator, staircase, ventilating fan (or other similar equipment), a chimney, or
other ornamental structure which rises above the roof level but does not provide
habitable living space.
C
Cemetery means lands used as a place for the interment of remains or in which bodies
have been buried, and may include a columbarium, mausoleum, funeral
establishment, or crematorium.
Centre Line means the point which equally divides the width of the street allowance of
a street.
Character or Characteristics means elements of character including building scale,
massing, height, architectural style, materials and setbacks, lot sizes, lot coverage, the
tree canopy and the relationship of buildings to the street.
Child Care means premises operated by a person licensed under the Child Care and
Early Years Act, 2014, as amended, to operate a child care centre at the premises.
Coach House means a specific type of additional residential unit that is located in an
accessory building on the same lot as a detached building, semi-detached building,
or row house.
Commercial School means a premises where instruction or training in specialized
skills or general knowledge is provided for compensation, including recreational
instruction and tutoring, language schools, dance studios, music schools, and
gymnastic schools but does not include a child care facility, commercial motor vehicle
school, an elementary or secondary school, or a college or university.
Commercial Uses mean the use of a building or structure for the purpose of
commerce, including the sale of goods or provision of services. Commercial uses do
not include manufacturing and processing.
Commercial Vehicle means a motor vehicle used for, or intended to be used for,
commercial, industrial, or agricultural purposes with or without a temporarily or
permanently attached delivery body and includes vehicles such as catering or canteen
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trucks, buses, cube vans, tow trucks, tilt and load trucks, dump trucks, tractor trailers,
semitrailers and any vehicle which has an exterior fixture or fixtures for the purposes of
carrying equipment, materials, or supplies for commercial purposes. This does not
include pick-up trucks.
Community Facilities means premises accessible to the community such as an arena,
assembly hall, community centre, government services, library, museum, private club,
and theatre.
Conservation Uses mean the use of land, water, and/or structures for the protection,
stewardship, management, and conservation of the natural environment. Conservation
may also include accessory low impact scientific educational activities and passive
recreation activities that have no negative impacts on the conservation use, as well as
structures managed by a public authority used for managing the natural heritage system
and natural hazards, such as flood and erosion control.
Contributing Building means a building that, through its location, design, setting,
materials, or association, adds to the heritage character of Allandale, including any
buildings on property identified on Schedule B.
Context means the physical (built and natural), social (people), and functional
(activities) environment at or surrounding a place.
Corner Lot means a lot abutting one or more parts of the same street or at the
intersection of not more than 135 degrees between two lot lines abutting the street, or
streets.
D
Deck means a platform or series of platforms, or a patio built directly on the ground,
accessory to a main building that may be free-standing or attached thereto.
Detached Garage means a fully enclosed, freestanding building that is designed and
used primarily for the shelter of at least one motor vehicle.
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Detached Building means a standalone residential building that exists on its own lot
and may contain up to four dwelling units in accordance with standards of the District
in which it is located.
Development, as per Ontario Regulation 173/16, means:
- The construction, erection, or placement of one or more buildings or structures
on land;
- Additions or alterations to a building or structure that substantially increases its
size or usability;
- The laying out and establishment of:
o A commercial parking lot;
o Sites for the location of three or more mobile homes as defined in Section
46(1) of the Planning Act;
o Sites for the construction, erection, or location of three or more land lease
community homes, as defined in Section 46(1) of the Planning Act; or
o Sites for the location of three or more trailers, as defined in Section 164(4)
of the Municipal Act, 2001.
- Site alteration, including but not limited to:
o Alteration of the grade of land;
o Placing or dumping fill; or
- The removal of vegetation.
District, when capitalized, means an area of land designated as part of a Community
Planning Permit District, as shown in Schedule D of this By-law.
Driveway means a hard-surfaced area on private property providing vehicle access
from a street or laneway.
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Dwelling Unit means a building or part thereof used or intended to be used as a
domicile containing cooking, eating, living, sleeping, and sanitary facilities, but shall not
include guest rooms in motels and hotels.
E
Ecological Management Measures mean an area of land or water set aside for the
purpose of conservation or preservation of distinctive landforms or natural heritage
features or functions identified for their ecological or cultural value, which may include
elements preserved for their geological value, species diversity, natural linkages, unique
natural habitat, the presence of endangered or threatened species, or the habitat of
such species.
Exterior Side Yard means open space extending from the front yard to the rear yard,
between a lot line adjacent to a street and the side wall of any main building on the
lot.
F
Facing Distances means the distance between two towers on a lot.
Finished Grade means the average elevation of the finished surface of the ground
abutting the external walls of the building or structure, exclusive of any embankment in
lieu of steps.
Fitness or Health Club means a building in which facilities and equipment are
available for individuals to participate in physical fitness activities and includes, but is
not limited to, activities such as bodybuilding and exercise classes.
Food/Refreshment Stand means a permanently affixed stand from which food or
refreshment is provided for sale for immediate consumption, established in accordance
with the accessory buildings and structures standards, the standards for
food/refreshment stands, and is 10 square metres or greater.
Food/Refreshment Vehicle means a vehicle not permanently affixed to the ground,
from which food or refreshment is provided for sale for immediate consumption and
includes a motorized, self-propelled vehicle (such as a food truck), a vehicle that is not
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self-propelled, but can be towed (such as a food trailer), and a vehicle moved by human
exertion (such as a food cart).
Front Lot Line means the lot line that divides a lot from the street. In the case of a
corner lot, the shorter lot line that abuts a street shall be deemed to be the front lot
line and the longer lot line that so abuts shall be deemed to be a side lot line of the
lot.
Front Yard means open space extending across the full width of a lot, between the
front lot line and the front wall(s) of any main building on the lot. Where an average
front yard between two properties is referenced, this means the measured distance
between the front lot line and the existing building on site. Where no buildings exist on
one side, the building standards will apply.
Funeral Establishment means premises used for the care and preparation of human
remains and related coordination of rites and ceremonies, but does not include a
cemetery, columbarium, crematorium, or place of worship.
G
Gross Floor Area (GFA) means the total area of all floors in a building, except for a
basement in a residential building, measured from the outside face of the exterior walls,
but exclusive of any part of a building which is used for the storage or parking of motor
vehicles, stairwells, or mechanical or electrical equipment providing services for the
entire building.
Ground-Oriented means a category of building types or structures where dwelling
units have direct access to the street, typically referring to detached buildings, semi-
detached buildings, and row houses, and may include dwelling units within the
podium of a low-rise building, mid-rise buildings, and high-rise building, where
such units are accessed through a common entrance or by a private exterior entrance.
Group Home means a premises used for specialized or group accommodation for
residents with 24-hour supervision that is licensed, approved, or supervised by the
Province of Ontario under a general or specific Act.
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H
Habitable Living Space means any residential floor space used or intended to be used
for living, sleeping, cooking, or eating purposes.
Health Services Facility means establishments primarily engaged in providing
medical, surgical, or other services to individuals, including the offices of physicians,
dentists, and other health practitioners, medical and dental laboratories, addiction
treatment, mental health treatment, out-patient care facilities, physical therapy, blood
banks, oxygen, and miscellaneous types of medical supplies and services. This would
include a hospital.
Heritage Attribute means the primary features or elements that contribute to a
property's cultural heritage value or interest, and may include the property's built,
constructed, or manufactured elements, as well as natural landforms, vegetation, and
vistas.
Heritage Character means the overall effect produced by the combination of all
heritage attributes that give an area its unique identity and appearance, including but
not limited to building form, massing, height, setbacks, materials, architectural style, lot
patterns, mature trees, and streetscape elements.
Heritage Impact Assessment means a study prepared by a qualified heritage
professional that evaluates the potential impacts of a proposed development on
cultural heritage resources and recommends conservation measures.
High-Rise Building means a building that is a minimum of 13 storeys consists of a
tower and podium.
Historic Character Impact Evaluation means a study that assesses the impact of a
proposed development on the historic character of a streetscape or neighbourhood,
addressing compatibility with existing building patterns, setbacks, heights, and
materials.
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Home Occupation means an occupation, trade, business, profession, or craft carried
on as an accessory use to the use of the dwelling as the private domicile of the person
carrying on the occupation, trade, business, profession, or craft.
Hospice means a building or structure where care is provided for the sick or terminally
ill.
I
Interior Side Yard means open space extending from the front yard to the rear yard,
between the side lot line and the side wall of any main building on the lot, if the side
lot line abuts another lot.
J
Reserved for future use
K
Reserved for future use
L
Landscaped Area means open space comprised of lawn and ornamental shrubs,
flowers, and trees and may include incidental landscaping accessories such as
boulders, sculptures, fountains, ponds, and pedestrian pathways. Landscaped areas
do not include parking areas or driveways or any required amenity area and
landscaped buffers.
Landscaped Buffer means open space that is comprised of plantings and other
vegetation, but does not consist of any required landscaped area, amenity area, and
snow storage.
Long-Term Bicycle Parking Space means a bicycle parking space located in a locked
room within a building or part of a building for the exclusive use of parking bicycles.
Long-Term Care Facility means a residential facility licensed pursuant to Provincial
legislation, where a broad range of personal care, support, and health services are
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provided for the elderly, disabled, or chronically ill occupants in a supervised setting,
and may include one or more accessory use such as common dining, lounging,
kitchen, recreational, or medical offices/clinics.
Lot means a parcel of land to which the title may be legally conveyed, and which has
continuous frontage on a street.
Lot Area means the total area within the lot lines of a lot.
Lot Coverage means the percentage of the total lot area covered by all buildings and
structures, including accessory buildings and structures, but does not include any
portion of the total lot area that is occupied by swimming pools; decks less than 1.8 m
above grade; and/or any buildings and structures, or portion thereof, which are
completely below finished grade level.
Lot Frontage means the distance between the side lot lines measured 7.0 m back
from and parallel to the front lot line.
Lot Line means any boundary of a lot.
Low-Rise Building means a building that is less than six storeys in height.
M
Mechanical Equipment means electrical, heating, ventilation, plumbing, air
conditioning equipment, and gas/electrical meters, and other service facilities (including
ductwork).
Micro Brewery means a premises used for the small scale and independent
manufacturing and sale of specialty or craft beer, wine, or spirits produced for
consumption off-premises, or on-site consumption when located in combination with a
permitted restaurant.
Micro Distillery means a premises used for the small scale and independent
manufacturing of alcohol by distillation, including the retail sales of alcohol meant for
consumption off-premises, or on-site consumption when located in combination with a
permitted restaurant.
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Mid-Block Connection means an at-grade or ground level separation between
buildings or structures that provides pedestrian-oriented connections across a site or
block.
Mid-Rise Building means a building that is a minimum of six storeys up to a maximum
of twelve storeys in height.
Multi-unit Residential Building means a residential building consisting of more than
four independently functioning dwelling units which are horizontally and or vertically
attached but does not include a semi-detached building or row house. They may be
entered from independent entrances directly from the outdoors or from a shared
entrance to multiple units, with access to the units provided by interior corridors,
hallways, staircases and or elevators. Units may share common facilities such as
amenity areas, parking, and driveways. A multi-unit residential building may include
non-residential uses in accordance with the permitted uses of the District in which it is
located.
N
Reserved for future use
O
Outdoor Storage means the stockpiling of goods and materials in an area that is not
fully enclosed within a building, used in conjunction with a business located within a
building or structure on the same lot.
P
Personal Services means services such as, but not limited to, a bank (or similar
financial institutions), barbershop, hair salon, pet salon/pet grooming, spa services,
shoe repair shop, tailoring shop, self-service laundry, portrait studio, print shop, postal
outlet or similar courier service or courier pick up point, or depot for the collection of dry
cleaning and laundry. This includes a service store.
Podium means the base of a building, inclusive of the ground floor, that projects
horizontally from a tower.
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Primary Use Means the main purpose for which a lot, building or structure is used or
intended to be used.
Public Authority means Federal, Provincial or Municipal agencies, and includes any
commission, board, authority, or department established by such agencies and includes
any telephone company, power utility, cable television system and natural gas piped
distribution system.
Public Service Facilities means buildings and structures for the provision of programs
and services provided or subsidized by a government or other body, such as social
assistance, recreation, police and fire protection, health and educational programs,
long-term care services and cultural services. Public service facilities do not include
infrastructure.
Q
Reserved for future use
R
Rear Lot Line means the lot line opposite the front lot line. For the purposes of a rear
lot line, a single point shall be deemed to be capable of constituting a line.
Rear Yard means open space extending across the full width of the lot, between the
rear lot line and the rear wall of the main building on the lot.
Residential Care Facility means a building or part of a building providing supervised or
supportive in-house care for those who need assistance, including on-going medical or
nursing care or counselling and social services and which may include related medical,
counselling, recreational and personal services. This may include a Long-Term Care
Facility, supportive housing, assisted living facility, and seniors housing.
Residential Uses mean areas, buildings, or properties primarily designed and used for
the purposes of housing. Within a mixed-use building, residential uses may also include,
but are not limited to, pools, gyms, and any areas for the exclusive use of the residents
of the building. This excludes amenity areas.
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Rooming Unit means a room or a suite of rooms including no more than two
bedrooms, within a shared accommodation or residential care facility, that
constitutes a separate, independent residential occupancy, but which is not a self-
contained dwelling unit.
Row House means a residential building that is one of a series of three or more
residential buildings, each located on a separate lot, which shares at least one but no
more than two common vertical wall(s) extending from the foundation to the roof with an
adjacent residential building, and has an independent direct ground-oriented vehicular
and or pedestrian access to the street. A row house may contain up to four dwelling
units in accordance with standards of the District in which it is located.
S
School Means a school under the jurisdiction of a Board as defined in The Education
Act, R.S.O. 1990, c. E.2, a separate school, a private school, or other educational
institution, including a private academy, philanthropic or religious school including an
elementary and secondary school, college or university, but shall not include a
commercial school or industrial school.
Semi-Detached Building means a residential building that is one half of a pair of
residential buildings, where each building is located on a separate lot, which shares a
single common vertical wall extending from the foundation to the roof, and has direct
ground-oriented vehicular and/or pedestrian access to the street. A semi-detached
building may contain up to four dwelling units in accordance with standards of the
district in which it is located.
Shared Accommodation means a residential use in which sleeping accommodation is
provided for multiple persons within a building or group of buildings in rooming units,
and where some combination of cooking, dining, sanitary, or amenity facilities are
shared among residents.
Short-Term Bicycle Parking Space means a bicycle parking space that is equipped
with a rack or stand designed to lock the wheel and frame of a bicycle.
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Side Lot Line means any lot line other than the front lot line, rear lot line, and
exterior side lot line.
Significant Tree means a tree having a diameter at breast height (DBH) of 10 cm or
greater, measured at 1.4 metres above grade, or any tree identified on an approved tree
preservation plan as having heritage, ecological, or streetscape significance.
Snow Storage means an area of a lot dedicated to and used for the purpose of storing
snow.
Social Services Facility means a facility, which provides social support services which
may include counseling services, recreational facilities, educational and training
facilities, place of assembly, temporary lodging and serve meals, and offer day-care
services.
Street means a public highway which the provisions of Part III of The Municipal Act,
2001, S.O. 2000, c.25, apply and which afford a principal means of access to abutting
lots.
Streetwall means a continuous multi-storey façade parallel to the street.
Subordinate, in relation to an addition or accessory structure, means a building
element that is clearly secondary in scale, height, and visual prominence to the primary
building, and does not dominate or detract from the character of the primary building or
streetscape.
T
Through Lot means a lot bounded on two opposite sides by a street, provided
however that is any lot qualifies as being both a corner lot and a through lot as
defined, such a lot shall be deemed a corner lot for the purposes of this By-law.
Tower means the portion of a building above a step-back indicated in the applicable
District and located above a podium.
U
Reserved for future use
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V
Veterinary Clinic means a building, structure, or part thereof used for the purpose of
consultation, diagnosis, and treatment of small animals, birds, and pets by a licensed
veterinarian and may also include the short-term boarding of such animals, birds, and
pets for the sake of medical observation.
W
Reserved for future use
X
Reserved for future use
Y
Reserved for future use
Z
Reserved for future use
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9 Schedules
A. Community Planning Permit Area and Allandale Major Transit Station Area
Boundaries
B. Heritage Properties
C. List of Technical Studies and Reports
D. Community Planning Permits District Map
E. Transportation Network
Schedule A - Community Planning Permit Area and Allandale Major Transit Station Area Boundaries
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Schedule B - Heritage Properties
Schedule C - List of Technical Studies and Reports
The following, which may include a variation thereof, may be required to be submitted
by the applicant in support of a complete permit application, to the satisfaction of the
City:
1. Affordable housing report
2. Archaeological assessment: may be required where development is proposed
on lands identified as having archaeological potential, as determined by the
Government of Ontario.
3. Community and sustainable design report
4. Correspondence from the pre-application consultation meeting validating the
required studies (pre-application consultation record/package)
5. Digital plans according to City specifications
6. Edge management plan
7. Environmental impact study
8. Fire flow analysis
9. Foundation design plan
10. Functional servicing report
11. Geotechnical report
12. Hazard lands/slope and soil stability report
13. Heritage reports:
a. Heritage impact assessment: required for development, alteration, or
demolition of a designated property or development adjacent to a
designated property. Prepared by a qualified heritage professional.
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b. Historic character impact evaluation: may be required for development
on lands subject to the Heritage Character (HC) provisions where
variations are requested or where impacts on streetscape character are
anticipated.
14. Landscape plan
15. Market study
16. Noise/vibration impact analysis
17. Odour/dust/nuisance impact analysis
18. Planning justification report
19. Photometric plan
20. Risk assessment and mitigation plan
21. Shadow/shading study
22. Site context and block plan
23. Source water protection package
a. Source water protection form
b. Source protection disclosure report
24. Stormwater management report
25. Sub-watershed impact study/sub-watershed impact statement conformity report
26. Traffic impact study
27. Trail impact study
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28. Tree protection plan: required where significant trees are proposed to be
removed or where development is proposed within the drip line of a significant
tree. Completed by a registered forester or landscape architect.
29. Wellhead protection area - risk assessment report
30. Wind study
Schedule D - Community Planning Permit Districts
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Schedule E - Transportation Network