This is the exact embedded text of the captured official document.
Snapshot 2391f5adc8ef · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Town of Dundas
(Now City of Hamilton)
Zoning By-law
No. 3581-86
As Amended
Consolidation May 2026
TOWN OF DUNDAS
(Now City of Hamilton)
ZONING BY-LAW
NO. 3581-86
AS AMENDED
Prepared by:
City of Hamilton
Planning & Economic Development Department
May 2026
IMPORTANT NOTE
This consolidation does not contain amendments proposed by By-law(s) which are not yet in effect.
It does contain amendments effective to June 30, 2015, including the following By-laws:
3604-86
3608-86
3640-87
3666-87
3681-87
3697-87
3700-87
3708-88
3714-88
3726-88
3742-88
3749-88
3757-88
3760-88
3766-88
3781-89
3813-89
3822-89
3829-89
3825-89
3839-89
3840-89
3849-90
3850-90
3857-90
3863-90
3866-90
3871-90
3892-90
3910-90
3911-90
3928-91
3933-91
3974-91
3982-91
3997-92
4006-92
4014-92
4016-92
4066-93
4070-93
4088-93
4091-93
4093-93
4096-93
4105-93
4108-93
4109-93
4122-93
4129-93
4135-94
4138-94
4142-94
4161-94
4172-94
4198-95
4219-95
4224-95
4235-95
4238-95
4239-95
4249-95
4252-95
4262-96
4280-96
4294-96
4299-96
4302-96
4306-96
4309-96
4348-97
4351-97
4373-97
4391-98
4395-98
4396-98
4404-98
4436-98
4438-98
4446-98
4451-98
4463-99
4469-99
4482-99
4485-99
4498-99
4499-99
4517-99
4518-99
4525-99
4540-00
4543-00
4556-00
4561-00
4564-00
4574-00
4575-00
4576-00
OMB
#0442
4577-00
4580-00
02-003
02-173
02-209
02-228
03-163
03-333
04-002
04-270
04-310
05-052
05-090
05-159
05-238
05-333
05-360
06-038
06-076
06-185
06-230
07-155
07-181
07-276
07-292
08-050
08-127
08-094
08-224
08-229
08-249
08-252
09-020
09-044
09-063
09-131
09-210
10-098
10-124
10-175
11-033
11-308
12-009
13-207
13-212
13-261
13-300 (OMB re: 13-212)
14-029
14-275
14-288
14-306 (OMB re: 14-029)
15-068
15-102
15-151
15-208
12-288
TABLE OF CONTENTS
SECTION
SUBJECT
PAGE
1
TITLE
1-1
2
APPLICATION OF BY-LAW
2-1
2.1
Defined Area
2-1
2.2
By-laws Repealed
2-1
2.3
Effective Date
2-2
3
DEFINITIONS
3-1
3.1
Construction of Language
3-1
3.2
Definitions
3-1
4
ZONES AND INTERPRETATION
4-1
4.1
Statement of Purpose
4-1
4.2
Classification of Zones
4-1
4.3
Zoning Map
4-2
4.4
Defined Areas
4-2
4.5
Symbols
4-2
4.6
General Interpretation
4-2
4.7
Zone Boundaries
4-2
4.8
Closures
4-3
4.9
Establishment of Holding Zones
4-3
i
5
ADMINISTRATION, ENFORCEMENT AND PENALTIES
5-1
5.1
Administration
5-1
5.2
Certificate of Occupancy
5-1
5.3
Inspection of Premises
5-1
5.4
Licenses, Permits and Other By-laws
5-1
5.5
Remedies
5-1
5.6
Validity
5-2
5.7
Violations and Penalties
5-2
5.8
Zoning Verification Certificates
5-2
6
GENERAL REGULATIONS
6-1
6.1
Application of By-law
6-1
6.2
Accessory Buildings
6-1
6.3
Basement or Cellar
6-2
6.4
Building in Built-Up Areas
6-2
6.5
Discrepancies
6-3
6.6
Encroachment into Yards
6-3
6.7
Existing Lots
6-5
6.8
Fences
6-5
6.9
Front Yards Adjoining a Residential Zone
6-6
6.10
Height Exceptions
6-6
6.11
Landscape Requirements
6-6
ii
6.12
Lighting and Illumination of Lots
6-7
6.13
Multiple Uses
6-7
6.14
Multiple Zoning
6-7
6.15
Non-Conforming Uses
6-7
6.16
One Dwelling Per Lot
6-8
6.17
Swimming Pools
6-8
6.18
Through Lots
6-9
6.19
Uses Permitted in All Zones
6-9
6.20
Uses Prohibited in All Zones
6-12
6.21
Visibility Triangle
6-12
6.22
Division of Semi-Detached Lots
6-13
6.23
Phased Registration of Condominiums
6-13
6.24
Regulations for Consolidated Lot Development
6-13
6.25
Adequate Services
6-13
6.26
Outdoor Commercial Patios
6-14
6.27
Regulations for an Urban Farm
6-14
6.28
Regulations for a Community Garden
6-15
6.29
Common Elements Condominiums
6-16
6.30
Regulations for an Urban Farmers Market
6-16
6.31
Secondary Dwelling Units and Secondary Dwelling
Units - Detached
6-16
6.32
Converting Dwellings
6-21
6.33
Home Child Care
6-21
7
OFF-STREET PARKING AND LOADING
7-1
7.1
Location
7-1
7.2
Manoeuvring Space
7-1
7.3
Access
7-1
7.4
Abutting a Residential Zone
7-2
7.5
Visitor Parking
7-3
7.6
Loading Spaces
7-3
7.7
Mixed Use Development
7-4
7.8
Encroachment into Yards
7-4
iii
7.9
Surfacing and Marking
7.10
Vehicles Prohibited in Residential Zones
7.11
Calculation of Required Parking and Loading Spaces
7.12
Off-Street Parking Space Requirements
7.13
Off-Street Loading Space Requirements
7.14
Dimensions for the Design of Parking Areas
7.15
Exceptions
7-5
7-5
7-6
7-6
7-9
7-12
7-12
8
SINGLE-DETACHED RESIDENTIAL ZONE (R1)
8-1
9
SINGLE-DETACHED RESIDENTIAL ZONE (R2)
9-1
10
LOW DENSITY RESIDENTIAL ZONE (R3)
10-1
10A
LOW DENSITY RESIDENTIAL ZONE (R3A)
10A-1
11
LOW DENSITY RESIDENTIAL ZONE (R4)
11-1
11A
LOW DENSITY RESIDENTIAL ZONE (R6)
11A-1
12
LOW TO MEDIUM DENSITY MULTIPLE DWELLING ZONE (RM1)
12-1
13
MEDIUM DENSITY MULTIPLE DWELLING ZONE (RM2)
13-1
14
MEDIUM TO HIGH DENSITY MULTIPLE DWELLING ZONE (RM3)
14-1
15
HIGH DENSITY MULTIPLE DWELLING ZONE (RM4)
15-1
15A
RESIDENTIAL AND COMMERCIAL CONVERSION ZONE (R.C.C.)
15A-1
15B
SINGLE DETACHED RESIDENTIAL ZONE:
CROSS-MELVILLE HERITAGE DISTRICT (RH-1)
15B-1
16
NEIGHBOURHOOD COMMERCIAL ZONE (C.N.)
16-1
17
DISTRICT SHOPPING CENTRE ZONE (C.SC)
17-1
18
CENTRAL AREA COMMERCIAL ZONE (C.A.C)
18-1
iv
19
HIGHWAY COMMERCIAL ZONE (C.H)
19-1
20
USES PERMITTED IN COMMERCIAL ZONES
20-1
21
LIGHT INDUSTRIAL ZONE (I.L)
21-1
22
GENERAL INDUSTRIAL ZONE (I.G)
22-1
23
LIMITED SERVICE INDUSTRIAL ZONE (I.LS)
23-1
24
USES PERMITTED IN INDUSTRIAL ZONES
24-1
25
OPEN SPACE - CONSERVATION ZONE (OS)
25-1
26
PARK AND RECREATION ZONE (PR1)
26-1
27
PUBLIC AND PRIVATE SERVICE ZONE (PPS)
27-1
28
PUBLIC UTILITIES ZONE (U)
28-1
29
URBAN RESERVE ZONE (UR)
29-1
29A
RURAL ZONE (RU)
29A-1
30
SPECIAL POLICY AREA ONE - NIAGARA ESCARPMENT
COMMISSION DEVELOPMENT CONTROL ZONE (SP1)
30-1
31
SPECIAL POLICY AREA TWO - PARKWAY BELT
WEST PLAN ZONE (SP2)
31-1
32
EXCEPTIONS
32-1
ILLUSTRATIONS
Illustration of Cellar and Basement Definitions
3-18
Illustration of Lot Definitions
3-19
SCHEDULES
"A" to "U" - Zoning Maps
v
THE CORPORATION OF THE TOWN OF DUNDAS
BY-LAW NO. 3581-86
as amended
A ZONING BY-LAW
A by-law to regulate the use of land and the erection, use, bulk,
height, location and character of buildings and structures within
the corporate limits of the Town of Dundas.
The Council of The Corporation of the Town of Dundas hereby enacts as follows:
TITLE
SECTION 1: TITLE
1.1
TITLE
This By-law may be cited as the "Zoning By-law of the Corporation of the Town of
Dundas".
APPLICATION OF BY-LAW
APPLICATION
SECTION 2: APPLICATION OF BY-LAW
OF BY-LAW
DEFINED AREA 2.1
DEFINED AREA
The provisions of this By-law shall apply to all lands contained within the corporate
limits of the Town of Dundas, which are more particularly shown on Schedules "A" to
"U" inclusive, attached hereto and forming part of this By-law.
BY-LAWS
2.2
BY-LAWS REPEALED
REPEALED
(i)
The following Restricted Area By-law of the Town of Dundas and all
amendments thereto are hereby repealed:
By-law No. 1964, passed 7th May, 1962, except for:
(a)
those areas described as the Lower Spencer Creek Study Area as
shown on Schedules "A", "E", and "O".
(ii)
The following Restricted Area By-law of the Township of Ancaster and all
amendments thereto, affecting certain areas annexed by the Town of Dundas
subsequent to the passing of said By-law, are hereby repealed:
By-law No. 1890, passed 7th May, 1963.
(iii)
The following Restricted Area By-law of the Township of West
Flamborough and all amendments thereto, affecting certain areas annexed
by the Town of Dundas subsequent to the passing of said By-law, are hereby
repealed:
By-law No. 2287, passed 23rd November, 1964.
EFFECTIVE
2.3
EFFECTIVE DATE
DATE
This By-law shall come into force and take effect upon being passed by Council,
subject to the approval of the Ontario Municipal Board.
First, Second and Third Reading May 22, 1986
Signed:
"Mary Ann Seldon"
MAYOR
"J. Robert Gerrie"
CLERK
Ontario Municipal Board Approval May 10, 1988
DEFINITIONS
3-1
DEFINITIONS
SECTION 3: DEFINITIONS
CONSTRUCTION
3.1 CONSTRUCTION OF LANGUAGE
OF LANGUAGE
In this By-law:
i)
The word "shall" is mandatory.
ii)
Words used in the singular include the plural and words used in the
plural include the singular.
iii)
Words used in the masculine gender include the feminine gender.
DEFINITIONS
3.2 DEFINITIONS
For the purpose of this By-law all words shall carry their customary meaning
except:
3.2.1
Deleted (By-law 21-073)
3.2.2
ACCESSORY BUILDING OR ACCESSORY STRUCTURE
Means a building or structure that is not used for human habitation,
the use of which is customarily incidental and subordinate to the
principal use, building or structure located on the same lot.
3.2.3
ACCESSORY USE
Means a use incidental and subordinate to and exclusively devoted
to the principal use located on the same lot.
3.2.4
AGRICULTURAL USE
Means the use of land, buildings or structures for the purpose of
animal husbandry, bee-keeping, dairying, fallow, field crops,
forestry, fruit farming, horticulture, market gardening, pasturage,
poultry-keeping, or other farming use, including the growing,
raising, packing, treating, storing and sale of produce produced
on the premises and other similar uses customarily carried on in
the field of general agriculture, which are in accordance with the
Agricultural Code of Practice, excluding animal feedlots, the
slaughtering of animals or the processing, packaging and
distribution of animal carcasses.
3.2.5
ALTER
Means any alteration in a bearing wall or partition, column,
beam, girder or other supporting member of a building or
structure, or any increase in the area or cubic content of a
building or structure.
1 By-law No. 4091-93
June 21, 1993
3-2
3.2.6
BACHELOR UNIT
Means a dwelling unit in which only one room or part thereof
contains sleeping accommodation and which room is used as a
living or dining room, or as both, but shall not include a dwelling
unit containing one or more bedrooms.
3.2.7
BASEMENT
Means that portion of a building between two floor levels, which
has not more than one-half of its height between the floor and
the ceiling below grade, and which has its ceiling less than 1.8 m
above grade. (See illustration page at the end of Section.)
3.2.8
BED AND BREAKFAST ESTABLISHMENT1
Means a dwelling in which the proprietor resides and where no
more than three bedrooms in the dwelling are used for the
temporary accommodation of the traveling or vacationing public;
and where meals are provided no food or drink shall be offered
or kept for sale to anyone who is not a guest of the bed and
breakfast establishment.
3.2.9
BUFFER STRIP
Means an area of land provided for growing ornamental shrubs
or trees or both, suitable to the soil and climatic conditions of the
area of land for the sole purpose of providing a visual barrier or
buffer.
3.2.10
BUILDING
Means a structure having a roof and used for the shelter,
accommodation or enclosure of persons, animals, goods or
chattels.
3.2.11
BUILDING, APARTMENT
Means a dwelling containing three or more dwelling units.
3.2.12
BUILDING, DEVELOPING AND GENERAL CONTRACTING
INDUSTRIES
Building, developing, general contracting and other establishments
primarily engaged in the construction and development of
residential, commercial and institutional (non- residential) buildings
and real estate.
3.2.13
CARPORT
Means a building or structure or part thereof, of which at least forty
per cent (40%) of the area of the perimeter faces are open and
unobstructed by any wall, door, post or pier.
1 By-law No. 4306-96
September 4, 1996
3-3
3.2.14
CELLAR
Means that portion of a building between two floor levels,
which has more than one-half of its height between the
floor and the ceiling below grade, and which has its
ceiling less than 1.8 m above grade. (See illustration
page at end of Section.)
3.2.14.1
CHILD CARE CENTRE1
Means a facility licensed under the Child Care and Early
Years Act, as amended, for the purpose of providing
temporary care of children for a continuous period not
exceeding twenty-four hours, but shall not include a home
child care use.
3.2.15
COMMUNICATION INDUSTRIES
Establishments primarily engaged in providing
telecommunications broadcasting and transmission
services and those operating courier services.
3.2.15.1
COMMUNITY GARDEN
Means land used for the growing and harvesting of
plants, grains, vegetables or fruits and provided the crops
are for the sole use, donation or consumption by the
individual or individuals growing or working the
community garden. It shall not be considered as
landscaped area, landscape open space, landscaped
strip or landscaping.
3.2.16
CONSUMER AND BUSINESS FINANCING
INTERMEDIARY INDUSTRIES
Establishments primarily engaged in extending loans to
and/or financing equipment, facilities, inventory and
sales for businesses and individuals. Included in this
major group are establishments of consumer loans
companies and business finance companies.
3.2.17
Deleted. (By-law 25-156)
1 By-law No. 14-275 September 24, 2014
3.2.18
DENSITY
Means the density related to the net site area
excluding public thoroughfares.
3.2.19
DEPOSIT ACCEPTING INTERMEDIARY INDUSTRIES
Establishments primarily engaged in accepting deposits,
which
are
employed
in
financing
their
financial
intermediary activities including banks, trust companies
and credit unions.
1 By-law No. 25-156, August 06, 2025.
3-4
3.2.20
DWELLING
Means a separate building containing one or more
dwelling units.
3.2.20.1
DWELLING, CONVERTED1
Means a dwelling altered to contain a greater number of
Dwelling Units.
3.2.21
Deleted. (By-law 21-073)
3.2.22
DWELLING, DUPLEX
Means a separate building divided horizontally into two
dwelling units each having a separate entrance.
3.2.23
DWELLING, MAISONETTE
Means an apartment house each unit of which is a self-
contained dwelling having two separate means of
egress; one of said means of egress is to a common first
storey corridor, and the other leads directly to the outside
landscaped yard area.
3.2.24
DWELLING, SEMI-DETACHED
Means a separate building divided vertically into two
dwelling units by a solid common wall extending from the
base of the foundation to a roof line and for a minimum
2.0 m horizontal depth of the building.
3.2.25
DWELLING, SINGLE-DETACHED
Means a separate building containing only one
dwelling unit.
3.2.26
DWELLING, STREET-TOWNHOUSE
Means a townhouse dwelling:
i) in which all dwelling units front on a public thoroughfare;
and
1 By-law No. 22-192 August 12, 2022
1 By-law No. 4091-93 June 21, 1993
ii)
which does not share any yards, driveways,
common open space and parking and
manoeuvring space.
3.2.27
DWELLING, TOWNHOUSE
Means a building not more than one dwelling unit in
height, designed and constructed to contain more than
two dwelling units attached to each other, side by side, in
one row and in substantial harmony with each other, each
of which dwelling unit:
i)
has separate front and rear entrances or
separate front and side entrances; and
ii)
shares common open space and parking and
3-5
manoeuvring space.
3.2.28
DWELLING UNIT
Means a suite of two or more habitable rooms, occupied
by not more than one household, in which sanitary and
culinary facilities are provided, and with an independent
entrance, either directly from outside the building or from
a common corridor inside the building.
3.2.28.1
SECONDARY DWELLING UNIT2
Means a separate and self-contained Dwelling Unit that is
accessory to and located within the principal dwelling.
3.2.28.2
SECONDARY DWELLING UNIT - DETACHED2
Means a separate and self-contained detached Dwelling
Unit that is accessory to and located on the same lot as
the principal dwelling.
3.2.29
ERECT
Means to do anything in construction, installation or
extension or material alteration or repair of a building and
includes the installation of a building unit fabricated or
moved from elsewhere, and erection has a corresponding
meaning.
3.2.30
EXISTING
Means existing as of the date of the passing of this
By-law.
3.2.30.1
FARM PRODUCE/PRODUCT STAND1
Means a building or structure used for the sale of fresh
fruit, vegetables, grains and edible plants which are
grown on an urban farm on a seasonal basis. Products
derived from the urban farm produce may also be sold.
1 By-law No. 14-275 September 24, 2014
2 By-law No. 22-134 June 08, 2022
3.2.31
FLOOR AREA
Means with reference to a dwelling, lodging house, or
apartment building, the total habitable floor area
exclusively devoted to one dwelling unit within a building
which area is measured between the exterior faces of the
exterior walls or from the centre line of a common or party
wall, but excluding:
i)
in the case of a dwelling, any private garage,
porch, verandah, balcony, sun room, attic,
basement or cellar, and
3-6
ii)
in the case of an apartment building, any private
garage, porch, verandah, balcony, mezzanine,
lobby, cellar, common hallway, staircase, elevator
shaft area, vestibule, boiler room, common laundry
room or common storage room.
3.2.32
FLOOR AREA, GROSS
Means the aggregate of the floor areas of all the storeys
of a building including the floor area of any basement but
not of any cellar or subcellar, which floor areas are
measured between the exterior faces of the exterior walls
of the building at each floor level but excluding car parking
areas within the building; and, for the purposes of this
clause, the walls of an inner court shall be deemed to be
exterior walls.
3.2.33
GARAGE, PRIVATE
Means a building or part thereof used for the temporary
parking or storage of private passenger motor vehicles or
commercial vehicles of less than 2700 kg registered
gross vehicle weight, and wherein neither servicing nor
repairing is carried on, except for vehicles owned by
persons living on the premises.
3.2.34
GRADE
With reference to the height of a building or structure,
wherever curb-level has been established, shall mean the
elevation of curb level opposite the highest point of the
building or structure, on a line perpendicular to the street
line, or, wherever curb level has not been established, or
wherever the mean elevation of the ground adjoining the
building or structure on all sides and within 4.5 metres
of it is higher than curb-level opposite the highest point
of the building or structure, then grade shall mean
the mean elevation of all the ground adjoining the
building or structure and within 4.5 metres of it.
Provided, however, that wherever a lot other than a corner
lot abuts upon two or more streets having different
elevations opposite the lot, the higher of such
elevations shall be considered as grade for only half
of the depth of the building or for a depth of 36.0 metres
measured perpendicularly from the street line of the
higher street, whichever is the lesser distance.
And provided further, that with reference to the height of a
building or structure on a corner lot, grade shall mean
the average elevation of the curb levels opposite the
building or structure on the two streets, or the mean
elevation of all the ground adjoining the building or
structure and within 4.5 metres of it.
3.2.35
GROUP DEVELOPMENT
Means the building or part of a building designed as part
of a group of dwellings on the same lot, which group of
dwellings is comprised of apartment buildings, townhouse
dwellings, maisonette dwellings, or any combination of
these. A group of dwellings so comprised shall be
3-7
held and maintained under single ownership, except for
group dwelling units established and maintained as units
under The Condominium Act, R.S.O. 1980, Chapter 84.
3.2.36
GROUP HOME
Means any supervised, community based group living
arrangement, located in a fully-detached building
occupied wholly for such use, by a maximum number of
supervised residents, exclusive of staff, with social,
legal, emotional or mental problems, that is developed
for the well being of its occupants through self-help and/or
professional care, guidance, and supervision unavailable
in the occupant's own family or in an independent
situation, provided that:
i)
the occupants of the Group Home are referred
to the Group Home by a hospital, court or
government agency; or
ii)
such facility is government funded either wholly or
in part, other than funding provided solely for
capital purposes; or
iii)
the facility is regulated or supervised under any
general or special act (Municipal, Provincial or
Federal).
3.2.37
HABITABLE ROOM
Means any room or space intended primarily for human
occupancy, such as kitchens, living rooms, family rooms,
bedrooms, dens and finished recreation rooms.
3.2.38
HAZARDOUS WASTE1
Means materials that are defined as hazardous waste
under Ontario Regulation 347 to the Environmental
Protection Act.
3.2.39
HAZARDOUS WASTE MANAGEMENT FACILITY1
Means a waste transfer facility, a waste processing facility
or a waste disposal facility that handles hazardous waste
and for which a Certificate of Approval for such purpose
under Part V of the Environmental Protection Act is
required. A hazardous waste management facility may
also include the storage, transfer or processing of non-
hazardous waste.
3.2.40
HEIGHT2
Shall mean the vertical distance from grade to the
uppermost point of the building but not including any
1 By-law No. 09-131 June 10, 2009
2 By-law No. 15-068 March 11, 2015
mechanical penthouse or any portion of a building
designed, adapted or used for such features as a chimney,
3-8
smokestack, fire wall, stair tower, fire tower, water tower,
tank, elevator bulkhead, ventilator, skylight, cooling tower,
derrick, conveyor, antenna, or any such requisite
appurtenance, or a flagpole, display sign, ornamental
figure, parapet, bell tower or other similar structure.
Provided, however, where this By-law requires building
height to be calculated to determine a minimum rear yard
or a minimum side yard requirement, building height shall
mean the vertical distance between the lowest finished
grade elevation along the lot line related to such required
yard at that point closest to the building and the horizontal
extension of the uppermost point of the building.
3.2.40.1
HOME CHILD CARE2
Means a portion of a dwelling used for the purpose of
providing temporary care to children for a continuous
period not exceeding twenty-four hours that:
i)
is licensed in accordance with the requirements of the
Child Care and Early Years Act, as amended; or,
ii) is not licensed under the Child Care and Early Years
Act, as amended, and the number of children does not
exceed five.
3.2.41
HOME FOR THE AGED
Means a home for the aged established and maintained
under The Homes for the Aged and Rest Homes Act or any
successor thereto or a rest home established and
maintained under the said Act. (Source: The Homes for
the Aged and Rest Homes Act, R.S.O. 1980, Chapter 203.)
3.2.42
HOME OCCUPATION
Means an occupational use conducted entirely within a
dwelling unit and carried on only by members of the
household residing on the premises, which use is clearly
incidental and secondary to the use of the dwelling unit for
dwelling purposes and does not change the character
thereof, provided that:
i)
no article or commodity is sold or offered for sale
except such as may be produced on the premises,
and
ii)
no sign or display that will indicate from the exterior
that the building is being utilized in whole or in part
for any purpose other than that of a dwelling unit,
and
iii)
there is no outside storage of material or equipment,
and
iv)
not more than 15 per cent of the floor area of the
dwelling unit may be used for the home occupation,
and
v)
no mechanical or other equipment is used, kept or
2 By-law No. 25-156, August 06, 2025
3-9
had except such as is customarily employed in
dwellings for hobbies, domestic or household
purposes, or for any purpose normal to or
reasonably consistent with the use of a dwelling as
such, and
vi)
any home occupation that creates objectionable
noise, vibration, fumes, odour, dust, electrical
interference or more than normal residential traffic
shall be prohibited, and
vii)
the home occupation shall not alter the appearance
of the dwelling nor shall the home occupation be
conducted in such a manner as to cause the
dwelling to differ from its residential character;1
viii)
only one member of the household shall carry on
any hairdressing or barbering use; but does not
include an incidental and secondary use that
consists of:
but does not include and incidental and secondary
use that consists of:
ix)
motor vehicle repairs, auto body repairing and
painting of motor vehicles, or
x)
keeping of scrap and salvage material.
3.2.43
HOUSEHOLD2
Means one or more persons occupying premises and living
as a single housekeeping unit and using common cooking
facilities.
3.2.44
INDUSTRIAL USE
Means designed, adapted or used for industrial purposes
within the scope and meaning of Statistics Canada,
"Standard Industrial Classification 1980".
3.2.45
INDUSTRIAL
AND
HEAVY
(ENGINEERING)
CONSTRUCTION
Industrial and heavy construction contractors primarily
engaged in the construction of projects other than buildings.
3.2.46
INVESTMENT INTERMEDIARY INDUSTRIES
Establishments primarily engaged in investing in a portfolio
of securities and other investments on behalf of their
shareholder/unitholder. Included in this major group are
establishments primarily engaged in financing mortgages,
real estate and purchase leasebacks and holding of
common and preferred stock for the purpose of exercising
control.
3.2.47
LANDSCAPED AREA
1 By-law No. 4172-94 August 15, 1994
2 By-law No. 4091-93 June 21, 1993
3-10
Means land provided and maintained on the same lot on
which the building or structure is situated, no part of which
shall be other than:
i)
fully and completely open and exposed to natural
light and air and unobstructed above the surface,
ii)
used exclusively for scenic, recreational or like uses,
and
iii)
not less than 50% of which shall be natural planting
of grass lawns, trees, shrubs and flowers in such
manner
as
to
establish
and
enhance
the
beautification of the landscaped area and any
building or structure on the same lot;
but shall not include area used for parking space,
manoeuvring space, access or egress driveways or any
other vehicular purposes of any kind, nor any open space
beneath, within or on the roof of any building except where
permitted in a zone.
3.2.48
LOADING SPACE
Means an unencumbered area of land which is provided
and maintained upon the same lot or lots upon which the
principal use is located and which area is provided for the
temporary parking of one commercial motor vehicle while
merchandise or materials are being loaded or unloaded
from such vehicle, and such parking shall not be for the
purpose of sale or display.
3.2.48.1
LOCAL AGRICULTURAL PRODUCTS1
Means fruits, vegetables, grains, seeds, flowers, herbs,
dairy, fish, meat and poultry, maple, or honey bee products
that have been grown or produced as part of Ontario farm
operations.
3.2.49
LOT
Means a parcel or tract of land having, within the boundaries
of a zone, sufficient frontage on a public thoroughfare, depth
and area to satisfy the applicable requirements of that zone
and:
i)
which is the whole of a lot shown upon a Registered
Plan of Subdivision under the provisions of The
Planning Act, as from time to time amended, or
ii)
which comprises all the land described in a
conveyance by way of deed, transfer, mortgage,
charge or agreement of sale and purchase to which
consent has been given under the provisions of The
Planning Act as from time to time amended, or
iii)
which might be legally conveyed by way of deed,
transfer, mortgage, charge or agreement of sale and
purchase without consent under the provisions of
The Planning Act as from time to time amended;
provided, however, that no parcel or tract of land ceases to
3-11
be a lot by reason only of the fact that a part or parts of it
has or have been conveyed to or acquired by the
Corporation of the Town of Dundas, the Regional
Municipality of Hamilton-Wentworth, Her Majesty in the
Right of Ontario, or Her Majesty in the Right of Canada.
1 By-law No. 15-102 April 22, 2015
3.2.50
LOT AREA
Means the total horizontal area within the lot lines of a lot.
3.2.51
LOT COVERAGE1
Shall mean the percentage of the lot covered by all
buildings, but shall not include swimming pools and decks.
3.2.52
LOT DEPTH
Means the horizontal distance between the front and rear
lot lines. If the front and rear lot lines are not parallel, "lot
depth" means the length of a straight line joining the middle
of the front lot line with the middle of the rear lot line. If there
is no rear lot line, "lot depth" means the length of a straight
line joining the middle of the front lot line with the apex of
the triangle formed by the side lot lines. (See illustration
page at end of Section.)
3.2.53
LOT, CORNER
Means:
i)
a lot situated at the intersection of and abutting on
two or more streets; or
ii)
a lot abutting on two streets or two parts of the same
street, the adjacent sides of which street or streets
contain an angle of not more than one hundred and
thirty-five (135) degrees, and in the case of a curved
street such angles shall be formed by their tangents
drawn from the points where the side lot lines meet
the street line, provided that in the latter case the
corner of the lot shall be deemed to be that point on
the street line nearest to the point of intersection of
the said tangent. (See illustration page at end of
Section.)
3.2.54
LOT, INTERIOR
Means a lot other than a corner lot or through lot. (See
illustration page at end of Section.)
3.2.55
LOT LINE
Means any boundary line of a lot. (See illustration page at
end of Section.)
3.2.56
LOT LINE, FRONT
Means the lot line that divides a lot from the street, provided
that, 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
3-12
longer lot line that abuts a street shall be deemed to be a
side lot line, except that where a corner lot has the same
dimensions on two streets which it abuts, the lot line
abutting the street upon which the building erected or to be
1 By-law No. 15-068 March 11, 2015
erected has its principal access shall be deemed to be the
front lot line; where the lot is a through lot, the lot line
where the principal access is provided shall be deemed to
be the front lot line. (See illustration page at end of Section.)
3.2.57
LOT LINE, REAR
Means the lot line opposite to the front lot line. (See
illustration page at end of Section.)
3.2.58
LOT LINE, SIDE
Means any lot line other than a front or rear lot line. (See
illustration page at end of Section.)
3.2.59
LOT, THROUGH
Means a lot other than a corner lot, having separate
frontage on two streets. (See illustration page at end of
Section.)
3.2.60
LOT FRONTAGE
Means the horizontal distance between the side lot lines
measured along the front lot line, but where the front lot line
is not a straight line or where the side lot lines are not
parallel, the lot frontage is to be measured by a line 6.0
metres back from and parallel to the chord of the lot
frontage, and, for the purpose of this paragraph, the chord
of the lot frontage is a straight line joining the two points
where the side lot lines intersect the front lot line. (See
illustration page at end of Section.)
3.2.60.1
MODEL HOME1
Shall mean a single detached dwelling, semi-detached
dwelling, street townhouse dwelling or a block of townhouse
dwelling units used in the interim for the sole purpose of an
office and/or show room and/or sales centre each of which
shall promote the sale of residential units within a draft
approved plan of subdivision or a registered plan of
subdivision.
3.2.61
MOTOR VEHICLE
Means an automobile, motorcycle, motor assisted bicycle
unless otherwise indicated in The Highway Traffic Act, and
any other vehicle propelled or driven otherwise than by
muscular power, but does not include the cars of electric or
steam railways, or other motor vehicles running only upon
rails, or a motorized snow vehicle, traction engine, farm
tractor, self-propelled implement of husbandry or road-
building machine within the meaning of The Highway Traffic
Act. (Source: The Highway Traffic Act, R.S.O. 1980,
3-13
Chapter 198.)
1By-law No. 03-163 June 25, 2003
3.2.62
MOTOR VEHICLE, COMMERCIAL
Means a motor vehicle having permanently attached thereto
a truck or delivery body and includes ambulances, hearses,
casket wagons, fire apparatus, buses and tractors used for
hauling purposes on the highways. (Source: The Highway
Traffic Act, R.S.O. 1980, Chapter 1980.)
3.2.63
MUTUAL DRIVEWAY
Means an ingress or egress that is common to two or more
owners of abutting lands as a right of way registered against
the title of the lands.
3.2.64
NURSING HOME
Means any premises maintained and operated for persons
requiring nursing care or in which such care is provided to
two or more unrelated persons, but does not include any
premises falling under the jurisdiction of:
i)
the Charitable Institutions Act,
ii)
the Children's Mental Health Services Act,
iii)
the Children's Residential Services Act,
iv)
the Homes for the Aged and Rest Homes Act,
v)
the Mental Hospitals Act,
vi)
the Private Hospitals Act, or
vii)
the Public Hospitals Act.
(Source: The Nursing Homes Act, R.S.O. 1980,
Chapter 320)
3.2.65
OTHER CONVERTED PAPER PRODUCTS INDUSTRIES
Establishments primarily engaged in coating and treating
paper and paperboard, manufacturing stationery paper
products, paper consumer products and other converted
paper products. These establishments may also use
synthetic materials and metal foil to produce articles similar
to those manufactured of paper and paperboard.
3.2.66
OTHER FINANCIAL INTERMEDIARY INDUSTRIES
Establishments primarily engaged in operating as security
dealers and brokers, mortgage brokers, security and
commodity exchanges and other financial intermediaries.
3-14
3.2.67
OTHER FOOD PRODUCTS INDUSTRIES
Establishments primarily engaged in manufacturing or
preparing tea and coffee, dry pastas, potato chips, pretzels,
popcorn, malt and other such food products.
3.2.68
OTHER MACHINERY AND EQUIPMENT INDUSTRIES
Establishments
primarily
engaged
in
manufacturing
compressors, pumps and industrial fans; construction,
mining and materials handling equipment; sawmill, veneer
and plywood mill machinery; turbines and mechanical
power transmission equipment; and other such machinery
and equipment.
3.2.69
OTHER MACHINERY, EQUIPMENT & SUPPLIES,
WHOLESALE
Establishments primarily engaged in wholesale dealing in
other new and used office and store, service, professional
and other machinery, equipment, supplies and parts.
3.2.70
OTHER MANUFACTURED PRODUCTS INDUSTRIES
Establishments
primarily
engaged
in
manufacturing
brooms, brushes, and mops; buttons, buckles and
fasteners; sound recording and musical instruments; pens,
pencils and other such products.
3.2.71
OTHER MOTOR VEHICLE SERVICES
Establishments
primarily
engaged
in
car
washing,
rustproofing, towing, and other motor vehicle services.
3.2.72
OTHER PERSONAL AND HOUSEHOLD SERVICES
Establishments primarily engaged in providing shoe repair
service, fur cleaning, repair and storage and other personal
or household services.
3.2.73
OTHER PRODUCTS INDUSTRIES, WHOLESALE
Establishments primarily engaged in wholesale dealing in
paper and paper products; agricultural supplies; toys,
amusement and sporting goods; photography and musical
instruments and supplies; jewellery and watches; industrial
and household chemicals; general merchandise and other
such products.
3.2.74
OTHER REPAIR SERVICES
Establishments primarily engaged in electric motor repair,
welding and other repair services.
3.2.75
OTHER ROLLED, CAST AND EXTRUDED NON-
FERROUS METAL PRODUCTS INDUSTRIES
Establishments primarily engaged in manufacturing non-
ferrous metals, except aluminum and copper, such as zinc,
3-15
lead, nickel and titanium and their alloys, in cast, extruded
or rolled shapes. In addition, these industries include
establishments primarily engaged in pressure die casting of
all non-ferrous metals and their alloys including aluminum
and copper and those engaged in the recovery of non-
ferrous metals from scrap.
3.2.76
OTHER STORAGE AND WAREHOUSING INDUSTRIES
Establishments primarily engaged in operating refrigerated
and other storage and warehouses, except for grain
elevators.
3.2.77
OTHER WOOD INDUSTRIES
Establishments primarily engaged in treating wood products
against decay; manufacturing particle and wafer board;
wooden, turned and shaped forms; and other products of
wood.
3.2.77.1
OUTDOOR COMMERCIAL PATIO
Means any outdoor area used in conjunction with any
establishment licensed under the Liquor License Act, where
meals or refreshments are served to the public for
consumption on the premises.1
3.2.78
PARK OR PARKING
Means the standing or leaving of a vehicle, whether
occupied or not, except when standing temporarily for the
purpose of and while actually engaged in the loading or
unloading of merchandise or passengers.
3.2.79
PARKING ANGLE
Means the acute angle measured between the longitudinal
centreline of a parking space and the centreline of the
abutting manoeuvring space, aisle or alley.
3.2.80
PARKING AREA
Means an unencumbered area of land which is provided
and maintained upon the same lot or lots upon which the
principal use is located and which area
i)
comprises all parking spaces of at least the
minimum number required according to the
provisions of this By-law, and all driveways, aisles,
manoeuvring areas, entrances, exits and similar
areas used for the purpose of gaining access to or
egress from the said parking spaces, and
ii)
is provided and maintained in accordance with all
applicable provisions of this By-law.
3.2.81
PARKING SPACE
Means a space enclosed in a principal building or in an
accessory building or unenclosed for the parking of a
3-16
vehicle and having manoeuvring space and one or more
access driveways appurtenant thereto with ingress into and
egress from a public thoroughfare.
1By-law No. 09-210 September 30, 2009
3.2.82
PROJECT MANAGEMENT, CONSTRUCTION
Establishments primarily engaged in project management,
contract management or construction management. The
participation in the construction process of this type of
establishment is restricted to coordination and supervision
on behalf of the principals.
3.2.83
PUBLIC AUTHORITY
Means Federal, Provincial, or Municipal bodies, and
includes any commission, board, authority or department
established by or for any of them.
3.2.84
PUBLIC THOROUGHFARE
Means a common and public highway, street, avenue, alley,
parkway, driveway, square, place, bridge, viaduct or trestle,
designed and intended for or used by, the general public for
the passage of vehicles.
3.2.85
PUBLIC UTILITY
Means any water or sewage works, gas works, electric heat,
light or power works, telegraph and telephone lines,
railways however operated, street railways, and works for
the transmission of gas, oil, water or electric power, energy,
or any similar works supplying the general public with
necessities or conveniences.
3.2.86
RETIREMENT HOME
Means a dwelling in which residents of at least 60 years of
age are accommodated for a fee and provided with
guidance in the activities of daily living and is licenced as a
retirement home, but shall not include any other facility
which is licenced, approved or supervised under any
general or special Act.
3.2.87
ROOMING, BOARDING AND LODGING HOUSE1
Means a dwelling in which four or more residents are lodged
for gain, with or without food and without separate cooking
facilities and which is licenced as a lodging house.
3.2.88
SHOPPING CENTRE
Means a building or buildings comprised of retail stores,
commercial business establishments or offices conceived,
designed, developed and managed by:
1 By-law No. 4091-93 June 21, 1993
3-17
i)
the owner of the land or premises on which stores,
establishments or offices are located, or
ii)
a group of owners or tenants of the land or premises
on which the stores, establishments or offices are
located, acting in collaboration,
and operating on a single lot in a cluster or mall-type pattern
in which the use of off-street parking and other joint facilities
are provided for their mutual benefit.
3.2.89
SITE
Means an area of land which may consist of one or more
lots, on which a development exists or for which application
for development is made.
3.2.90
STREET LINE
Means any lot line that divides a lot from a street.
3.2.91
STRUCTURE
Means anything that is erected, built or constructed of parts
joined together, and the use of which requires location on
the ground or attachment to something having location on
the ground.
3.2.92
SWIMMING POOL, ABOVE GROUND
Means an accessory structure, containing water for
swimming, diving or recreational bathing extending more
than 0.5 m above existing grade.
3.2.93
SWIMMING POOL, INGROUND
Means an accessory structure, containing water for
swimming, diving or recreational bathing extending not
more than 0.5 m above existing grade.
3.2.94
THERMAL TREATMENT1
Means the processing of waste into a waste-based fuel
and/or the disposal of waste under controlled conditions by
heating or combusting the materials and shall include
refuse derived fuel manufacturing and energy from waste
activities.
3.2.95
TOWN CORPORATION
Means The Corporation of the Town of Dundas.
3.2.96
TRAILER
Means any vehicle so constructed that it is suitable for being
attached to a motor vehicle for the purpose of being drawn
or propelled by the motor vehicle, notwithstanding that such
vehicle is jacked-up or that its running gear is removed.
(Source: The Municipal Act, R.S.O. 1980, Chapter 302.)
3.2.96.1
URBAN FARM2
3-18
Means land that is used for the growing and harvesting of
edible plants, grains, vegetables or fruits and that the edible
plants, grains, fruits and vegetables grown on-site
1By-law No. 09-131 June 10, 2009
2By-law No. 14-275 September 24, 2014
may be sold on-site. It may include buildings and structures
such as farm produce/product stand, greenhouses, hoop
houses or cold frames. It shall not include a medical
marihuana growing and harvesting facility, an aquaponics or
acquaculture facility, livestock operation or a mushroom
operation. It shall not be considered as landscaped area,
landscape open space, landscaped strip or landscaping.
3.2.96.2
Urban Farmers Market1
Means a temporary public market operated by a community
organization, or a non-profit corporation, at which the
majority of persons who operate the stalls sell local
agricultural products, value added local agricultural
products, or VQA wines provided the products are produced
by persons who operate the stalls.
3.2.97
USE
Means the purpose for which any land, building, structure or
premises, or part thereof, is arranged, designed or intended,
or is or may be occupied or maintained and "used" shall
have a corresponding meaning.
3.2.97.1
Value-added Local Agricultural Products1
Means raw local agricultural products that have been grown
or produced as part of farm operations in the City of
Hamilton or Ontario farms which have been transformed into
another product.
3.2.98
VEHICLE
Includes a motor vehicle, trailer, traction engine, farm
tractor, road-building machine and any vehicle drawn,
propelled or driven by any kind of power, including muscular
power, but does not include a motorized snow vehicle or
cars of electric or steam railways running only upon rails.
(Source: The Highway Traffic Act, R.S.O. 1980, Chapter
198.)
3.2.99
VISIBILITY TRIANGLE
Means an area free of buildings or structures and shall be
determined by measuring from the point of intersection of
street lines (lot lines) on a corner lot, an equal distance of
7.5 m along each such street line and joining such points
with a straight line.
The
triangular-shaped
land
between
the
point
of
intersection of such street lines, and the straight line joining
the points a designated distance along each such street
line, shall be known as the "visibility triangle".
3-19
1By-law No. 15-102 April 22, 2015
3.2.100
VISUAL BARRIER
Means a continuous, uninterrupted structure which
completely
blocks
lines
of
sight
when
viewed
perpendicularly from either of its sides and shall consist of
one or more of the following materials: wood, stone, brick,
mortar, fabricated metal or other similarly solid material.
3.2.101
WASTE1
Means materials that are defined as waste under Part V of
the Environmental Protection Act.
3.2.102
WASTE DISPOSAL FACILITY1
Means the use of land for the placement or final disposal of
waste under controlled conditions in order to protect
environmental and human health and for which a Certificate
of Approval for such purpose under Part V of the
Environmental Protection Act is required, and shall include
but not be limited to: sanitary landfills; Industrial,
Commercial and Institutional (ICI) landfills; and, Demolition
and Construction (DC) landfills. A Waste Disposal Facility
may also include accessory uses including, but not limited
to energy from waste activities.
3.2.103
WASTE MANAGEMENT FACILITY1
Means the use of land, building, structure, or part thereof,
for the storage, processing or disposition of waste or
hazardous waste and for which a Certificate of Approval for
such purpose under Part V of the Environmental Protection
Act is required. Waste management facilities shall include
the following uses: waste processing facilities; waste
transfer facilities; hazardous waste management facilities;
and, waste disposal facilities.
3.2.104
WASTE PROCESSING FACILITY1
Means the use of land, building, structure, or part thereof,
for the sorting and processing of waste and recyclable
materials and for which a Certificate of Approval for such
purpose under Part V of the Environmental Protection Act
is required. Waste processing facilities shall include but not
be limited to: thermal treatment, blue box recyclable
recovery
facilities,
open-air
or
in-vessel
organics
processing, wood waste recycling, construction and
demolition waste recycling and/or a Co-generation Energy
Facility, but shall not include a Motor vehicle Wrecking
Establishment or a Salvage Yard.
3.2.105
WASTE TRANSFER FACILITY1
Means the use of land, building, structure or part thereof,
for the temporary storage and collection of waste and for
3-20
which a Certificate of Approval for such purpose under Part
V of the Environmental Protection Act is required.
1By-law No. 09-131 June 10, 2009
A waste transfer facility may also include limited sorting of
such waste prior to its transport.
3.2.106
YARD
Means an open, uncovered area appurtenant to a building
or structure and unoccupied by any building or structure,
except as specifically permitted in this By-law. In
determining yard measurements, the minimum horizontal
distance from the respective lot lines shall be used.
3.2.107
YARD, FRONT
Means a yard extending across the full width of a lot
between the front lot line and the nearest wall of any
principal building or structure on the lot.
3.2.108
YARD, REAR
Means a yard extending across the full width of a lot
between the rear lot line and the nearest wall of any
principal building or structure on the lot.
3.2.109
YARD, SIDE
Means a yard extending from the front yard to the rear yard
of a lot between a side lot line and the nearest wall of any
principal building or structure on the lot.
3.2.110
ZONE
Means and includes all those areas of the Town as shown
on the Zoning Maps appended to and forming part of this
By-law, for which the requirements for the use of land, and
the use, height and spacing of buildings and structures are
specified.
3-21
ILLUSTRATION OF
AND BASEMENT
CELLAR
DEFINITIONS
STOREY
STOREY
3-22
-
ILLUSTRATION OF LOT DEFINITIONS
-
/i'
01'
-LDTUNI
LOT DEPTH
FRONT ANO LDT LI£S
AA£ Ia
AU.fl.
SIC£ LDT UNES AR£
NOT I'I'RAU.EL
NO REAR LOT LM:
1011Gt/M..at -....
INQI CICIIII 01' LDf --
LOT FRONTAGE
FRlHT LOT UNE IS HOT
A$1RAJGKTUN£
LOT OEP'Tli
LOT,ntROUGH
P'IIOtiT LDf uc - LDf
UNI WICitf ii'IIIICINL
, IDI'.
"'""'IDID
-UI'f
NOTE - TN o"" IUt .,. f« dgriflcol--" ---- Oftdcb lid tlnll OOrl frf ftlit 8r-1Aw.
ZONES
AND
INTERPRETATION
4-1
ZONES AND
INTERPRETATION
SECTION 4: ZONES AND INTERPRETATION
4.1 STATEMENT OF PURPOSE
The paragraphs of explanation at the beginning of each Zone are provided
only to assist in the interpretation of the general intent, and do not form part of
this By-law.
CLASSIFICATION
4.2 CLASSIFICATION OF ZONES
OF ZONES
For the purpose of this By-law, the following Zones are hereby established
within the Town of Dundas:
4.2.1 RESIDENTIAL ZONES
4.2.1.1
ZONE
SINGLE-DETACHED
SYMBOL
R1
RESIDENTIAL ZONE
4.2.1.2
SINGLE-DETACHED
R2
RESIDENTIAL ZONE
4.2.1.3
LOW DENSITY RESIDENTIAL ZONE
R3
4.2.1.4
LOW DENSITY RESIDENTIAL ZONE
R3A
4.2.1.5
LOW DENSITY RESIDENTIAL ZONE
R4
4.2.1.6
LOW DENSITY RESIDENTIAL ZONE
R6
4.2.1.7
LOW TO MEDIUM DENSITY
RM1
MULTIPLE DWELLING ZONE
4.2.1.8
MEDIUM DENSITY MULTIPLE
RM2
DWELLING ZONE
4.2.1.9
MEDIUM TO HIGH DENSITY
RM3
MULTIPLE DWELLING ZONE
4.2.1.10
HIGH DENSITY MULTIPLE
RM4
DWELLING ZONE
4.2.1.11
RESIDENTIAL AND COMMERCIAL
R.C.C.
CONVERSION ZONE
4.2.1.12
SINGLE DETACHED RESIDENTIAL
ZONE:CROSS-MELVILLE HERITAGE
DISTRICT
RH-1
4.2.1.13
RU/S-58 EXCEPTION ZONE
RU/S-58
4.2.2
COMMERCIAL ZONES
4.2.2.1
NEIGHBOURHOOD COMMERCIAL ZONE
C.N.
4.2.2.2
DISTRICT SHOPPING CENTRE ZONE
C.SC
4.2.2.3
CENTRAL AREA COMMERCIAL ZONE
C.A.C
4.2.2.4
HIGHWAY COMMERCIAL ZONE
C.H
4.2.3 INDUSTRIAL ZONES
4.2.3.1
LIGHT INDUSTRIAL ZONE
I.L
4.2.3.2
GENERAL INDUSTRIAL ZONE
I.G
4.2.3.3
LIMITED SERVICE INDUSTRIAL ZONE
I.LS
4-2
4.2.4 SPECIAL ZONES
4.2.4.1
OPEN SPACE-CONSERVATION ZONE
OS
4.2.4.2
PARK AND RECREATION ZONE
PR1
4.2.4.3
PUBLIC AND PRIVATE SERVICE ZONE
PPS
4.2.4.4
PUBLIC UTILITIES ZONE
U
4.2.4.5
URBAN RESERVE ZONE
UR
4.2.4.6
RURAL ZONE1
RU
4.2.5
SPECIAL POLICY ZONES
4.2.5.1
NIAGARA ESCARPMENT
SP1
DEVELOPMENT
CONTROL ZONE
4.2.5.2
PARKWAY BELT WEST PLAN
SP2
ZONE
ZONING MAP
4.3 ZONING MAP
Schedules "A" to "U" inclusive attached hereto, which may be cited as the
"Zoning Maps", are hereby declared to form part of this By-law.
DEFINED AREAS
4.4 DEFINED AREAS
The extent and boundaries of all zones established pursuant to this By-law are
shown on Schedules "A" to "U" inclusive, and all such zones are hereby
defined as areas to which the provisions of this By-law shall apply
respectively.
SYMBOLS
4.5 SYMBOLS
The symbols set opposite the name of each zone respectively in Section 4.2
hereof refer to the appropriate zones established in this By-law.
Where any parcel of land shown on a Zoning Map is marked with the letter "S"
followed by a dash and a number (e.g. "C.A.C./S-21"), that parcel is subject to
special requirements as set out under Section 32.
Where any parcel of land shown on a Zoning Map is marked with a symbol
followed by the suffix "FP" (e.g. "R4-FP"), that parcel is susceptible to flooding
and/or erosion, and the Hamilton Region Conservation Authority should be
contacted before any development or redevelopment is undertaken.
GENERAL
4.6 GENERAL INTERPRETATION
INTERPRETATION
In their interpretation and application, the provisions of this By-law shall be
held to be the minimum requirements adopted for the promotion of the public
health, safety, convenience or general welfare. Whenever the requirements of
this By-law are at variance with the requirements of any other By-law, the
most restrictive or that imposing the higher standards shall govern and apply.
ZONE
4.7 ZONE BOUNDARIES
BOUNDARIES
Where uncertainty arises concerning the location of the boundary of any zone
as shown on a Zoning Map, the location shall be determined by applying the
following rules:
1 By-law No. 4066-93 February 15, 1993
4-3
4.7.1
HIGHWAY OR OTHER PUBLIC THOROUGHFARE
A boundary shown as approximately following a public
thoroughfare shall be considered to follow the centre line of such
public thoroughfare.
4.7.2
NATURAL FEATURES
A boundary shown as approximately following a watercourse, creek
or stream shall be considered to follow the centre line of such natural
feature.
4.7.3
SHORELINES
A boundary shown as approximately following a shoreline shall be
considered to follow such shoreline and, in the event of change in the
shoreline, the boundary line shall be considered to move with the
actual shoreline.
4.7.4
LOT LINES
A boundary shown as approximately following a lot line shall be
considered to follow such lot line.
4.7.5
CORPORATE LIMITS OF THE TOWN OF DUNDAS
A boundary shown as approximately following the corporate limits
of the Town of Dundas shall be considered to follow the corporate
limits of the Town of Dundas.
4.7.6
PARALLEL LINES
Where a boundary is shown as being parallel to, or as an extension
of, any feature or line referred to in clauses 4.7.1 to 4.7.5 inclusive,
it shall be so construed.
CLOSURES
4.8 CLOSURES
Where a dedicated street or lane shown on a Zoning Map is closed, the land
formerly in such street or lane shall be included within the zone within which the
property adjoining either side of such closed street or lane is contained.
Where a closed street or lane was the boundary between two or more
different zones, the new zone boundaries shall be the former centre line of such
closed street or lane.
ESTABLISHMENT
4.9 ESTABLISHMENT OF HOLDING ZONES1
OF HOLDING ZONES
Pursuant to Section 36 of the Planning Act, 1990, Holding Zones are hereby
established by the use of the symbol "(H)" as a suffix to the zone symbols in
Subsection 4.2. Land subject to the symbol "(H)" shall not be used, nor any
building or structure used, altered or erected except in accordance with the
provisions of the Zone applied thereon and until the "(H)" is removed by
amendment to the By-law as provided for in Subsection 36(1) of The Planning
Act.
1 By-law No. 4091-93
June 21, 1993
ADMINISTRATION,
ENFORCEMENT
AND PENALTIES
5-1
ADMINISTRATION,
ENFORCEMENT
AND PENALTIES
SECTION 5: ADMINISTRATION, ENFORCEMENT AND PENALTIES
ADMINISTRATION 5.1 ADMINISTRATION
1
This By-law shall be administered by the City's Director, Planning Division, Chief
Planner.
CERTIFICATE
5.2
CERTIFICATE OF OCCUPANCY
OF OCCUPANCY
No change may be made in the type of use of any land or of any building or
structure without a Certificate of Occupancy. But no such certificate shall be
refused if the proposed use is not prohibited by the By-law.
INSPECTION
5.3
INSPECTION OF PREMISES
OF PREMISES
The Zoning Administrator, or any official or employee of the Town acting under his
direction, is hereby authorized to enter, at all reasonable hours and upon producing
proper identification, any property or premises in or about which there is reason to
believe that the provisions of this By-law are not being complied with, and for the
purposes of carrying out his duties under this By-law.
LICENCES,
5.4
LICENCES, PERMITS AND OTHER BY-LAWS
PERMITS AND
OTHER BY-LAWS
i)
Nothing in this By-law shall exempt any person from complying with the
requirements of the Building By-law or any other By-law in force within the
Town, or from any requirement to obtain any licence, permit, authority or
approval required by this or any other By-law of the Town unless hereinafter
specifically stated.
ii)
No permit for the use of land or for the erection, alteration or use of any
building or structure and no Certificate of Occupancy or approval of application
for any municipal licence within the jurisdiction of the Council shall be issued or
given where the proposed building, structure or use is in violation of any provision
of this By-law.
REMEDIES
5.5
REMEDIES
Where any building or structure is to be erected or altered, or any building or structure
or part thereof is used or any land is to be used in contravention of any requirement
of this By-law, such contravention may be restrained at the instance of any ratepayer
or of the Town pursuant to the provisions of The Municipal Act in that behalf.
1 By-law No. 15-068 March 11, 2015
By-law No. 21-184 October 13, 2021
5-2
VALIDITY
5.6
VALIDITY
If any section, subsection, clause or provision of this By-law, including anything
contained in a Zoning Map, is declared to be invalid by a court of competent
jurisdiction, such declaration shall not affect the validity of the remainder of this By-
law.
VIOLATIONS
5.7
VIOLATIONS AND PENALTIES
AND PENALTIES
Every person who contravenes any provision of this By-law or causes or permits a
violation is liable, upon conviction, to a fine not exceeding $2,000.00 (Two
Thousand Dollars), exclusive of costs, recoverable under The Summary Convictions
Act.
ZONING
5.8
ZONING VERIFICATION CERTIFICATES
VERIFICATION
CERTIFICATES
Any person may apply to the Zoning Administrator for a Zoning Verification
Certificate, and every such certificate shall show the zoning designation of the land
in question, and whether or not the use or proposed use is permitted in the zone in
which the land is situated, pursuant to the provisions of the Zoning By-law; and
every such certificate shall also show that it is not a certificate that any building or
structure on the land complies with the provisions of the building and health by-laws
for the purpose for which it is used or proposed to be used, or that a licence will be
granted for such use.
GENERAL REGULATIONS
6-1
GENERAL
REGULATIONS
SECTION 6: GENERAL REGULATIONS
APPLICATION
6.1
APPLICATION OF BY-LAW
OF BY-LAW
6.1.1
SCOPE AND EFFECT
No person shall use any land or erect, alter or use any building or
structure except in conformity with the provisions of this By-law, and
subsequent amendments thereto.
6.1.2
PRIOR EXISTING BUILDINGS AND STRUCTURES
Excluding permitted uses, any existing building or structure that was
lawfully erected prior to the date of passing of this By-law, and which
does not satisfy the specific regulations of the applicable zone hereof,
shall be deemed legal conforming.
6.1.3
RESTRICTIONS ON CHANGES
i)
The purpose for which any land or building is used shall not be
changed, no new building or addition to any existing building
shall be erected and no land shall be severed from a lot, if such
change, erection or severance creates a situation that contravenes
any of the provisions of this By-law applicable to each individual
remaining building, accessory building or lot.
ii)
Notwithstanding the provision of subclause (i) of this clause, no
person shall be deemed to have contravened any provisions of this
By-law if only a part or parts of any lot or parcel has or have been
conveyed to or acquired by the Town of Dundas, the Regional
Municipality of Hamilton-Wentworth, Her Majesty in the Right of
Ontario, or Her Majesty in the Right of Canada.
ACCESSORY
6.2
ACCESSORY BUILDINGS
BUILDINGS
6.2.1
USES PERMITTED
Where this By-law provides that a lot may be used or a building or
structure may be erected for an accessory purpose, that purpose shall
not include the following:
i) the use of any accessory building for a home occupation; or
ii)
the use of any accessory building for human habitation, except
as is specifically permitted in this By-law.
a)
For the purposes of Section 6.31, a Secondary Dwelling Unit
- Detached, shall not be considered an accessory building or
structure. 1
6-2
6.2.2
PRIOR TO ERECTION OF PRINCIPAL BUILDINGS
No accessory building shall be erected prior to the erection of the
principal building on the same lot, except where it is necessary for the
storage of tools and materials for use in connection with the construction
of the principal building or structure, and no such accessory building
shall, prior to the erection of the principal building, be used for any
purpose other than such storage.
6.2.3
PART OF PRINCIPAL BUILDING
Where an accessory building is attached to a principal building by a roof
or an open or enclosed structure, it shall be considered to be part of the
principal building.
For the purposes of Section 6.2.3, roof shall be defined as "the entire
construction used to close in the top of the building."
BASEMENT
6.3
BASEMENT OR CELLAR2, 3
OR CELLAR
Dwelling units located in a basement or cellar must be in accordance with the
requirements of the Ontario Building Code and all other relevant municipal
standards and regulations.
BUILDING IN
6.4
BUILDING IN BUILT-UP AREAS
BUILT-UP AREAS
Notwithstanding any other provision of this By-law, where a building or structure
is to be erected on an interior lot between two existing buildings or structures
located not more than 30.0 metres from the proposed building or structure, such
building or structure may be erected closer to the front lot line than required by the
zone in which the lot is situated, provided that:
i)
the minimum front yard shall be equal to the average depth of the two
adjoining front yards; and
ii)
the reduction of the minimum front yard as permitted by this provision shall
not exceed thirty per cent (30%) of the depth ordinarily required by the
zone provisions in which the lot is situate.
1 By-law No. 22-134 June 08, 2022
2 By-law No. 4091-93 June 21, 1993
3 By-law No. 15-068 March 11, 2015
6-3
DISCREPANCIES 6.5 DISCREPANCIES
In the event that there is a discrepancy between a regulation in the "General
Regulations" and any other section of this By-law, the more restrictive regulation
shall apply unless specifically provided otherwise.
ENCROACHMENT 6.6 ENCROACHMENT INTO YARDS
INTO YARDS
Every part of a required yard shall be unobstructed from its lowest level
upwards, except for:
6.6.1
BALCONIES
A bay, balcony or dormer may project:
i)
into a required front yard not more than 1.0 metres provided that
no such projection shall be closer to a street line than 1.5
metres;
ii)
into a required rear yard not more than 1.5 metres; or
iii)
into a required side yard not more than one-third of its width, or
1.5 metres, whichever is the lesser.
6.6.2
CANOPIES
A canopy, cornice, eave, or gutter may project:
i)
into a required front yard not more than 1.5 metres provided that
no such projection shall be closer to a street line than 1.5
metres;
ii)
into a required rear yard not more than 1.5 metres; or
iii)
into a required side yard not more than one-half of its width, or
1.0 metres, whichever is lesser.
6.6.3
CHIMNEYS
A chimney, sill, leader, pilaster, lintel or ornamental projection may
project:
i)
into a required side yard not more than 0.5 metres; and
ii)
into any other required yard not more than 1.0 metres.
6.6.4
FIRE ESCAPES
An open fire escape or open stairway may project:
i)
into a required rear yard not more than 1.5 metres; or
ii)
into a required side yard not more than one-third of its width, or
1.5 metres, whichever is the lesser.
6-4
6.6.5
FUEL TANKS
A fuel tank for fuel for the heating of a building or buildings on the
premises may project into a required side yard or rear yard, but shall not
project to a distance of more than one-third of the required width of any
such side yard or one-third of the required depth of any such rear yard,
or to a distance of more than 1.0 metres, whichever is the lesser
distance.
6.6.6
RAMPS
A ramp for use by physically disabled persons may project into a
required yard.
6.6.7
REFACING EXISTING BUILDINGS
An existing building may encroach or further encroach into a required
yard up to a maximum of 0.15 metres in order to provide for the refacing
of such building.
6.6.8
UNCOVERED PORCHES
1
A terrace, uncovered porch, platform or ornamental feature which
does not extend more than 1.0 metres above the floor level of the first
storey may project into a required yard if distant at least 0.5 metres
from the nearest side lot line, at least 1.5 metres from the flankage side
lot line and at least 4.0 metres from the nearest street line.
6.6.9
UNENCLOSED PORCHES
A roofed-over or screened but otherwise unenclosed one-storey porch
at the first storey level, including eaves and gutters, may project into a
required front yard or rear yard to a distance of not more than 3.0 metres,
and every such projecting porch shall be distant at least 4.0 metres from
the front lot line, and the enclosure of such a porch to the following
extent shall not be deemed enclosure for the purposes of this section:
i)
the porch may have a solid guard around the perimeter of the
porch not more than 1.0 metres in height measured from the
floor of the porch;
ii)
the roof may be supported on columns or piers having a
maximum width of 0.5 metres;
iii)
the beam, lintel or crown or an arch shall be no more than 0.3
metres in depth; and
iv)
the minimum distance between piers or columns shall be 1.0
metres and, in the case of arches, the arches shall have a
minimum clear width of 1.0 metres.
1 By-law No. 15-068 March 11, 2015
6-5
6.6.10
MECHANICAL AND UNITARY EQUIPMENT1
Air conditioners and pumps (including heat pumps and swimming pool
pumps) and other similar mechanical equipment shall be located only in
accordance with the following regulations:
a)
Within a required front yard, provided such equipment shall have a
minimum setback of 3.0 metres from the street line, a minimum
setback of 0.6 metres from a side lot line and is screened from the
street by an enclosure or landscaping; and,
b)
Within a required side yard or required rear yard provided such
equipment has a minimum setback of 0.6 metres from the side lot
line or rear lot line.
EXISTING LOTS
6.7
EXISTING LOTS2
Where a lot in a residential zone, except a lot in the RU/S-58 EXCEPTION ZONE,
having a lesser frontage or area, or a lot having a lesser frontage and area, than
is required by this By-law is held under distinct and separate ownership from any
adjoining lot on the date of the passing of this By-law according to the register for
lands in the Registry Office, a single-detached dwelling may be erected and used
on such smaller lot provided that the dwelling conforms with all other requirements
of this By-law.
FENCES
6.8
FENCES3
Fences, freestanding walls or similar structures are permitted subject to the
following height requirements:
i)
Industrial Zones
Maximum 2.5 metres except in the front yards where
the maximum shall be 0.75 metres.
ii) Public Utilities Zone Maximum 2.5 metres.
iii)
Other Zones
Maximum 1.9 metres, except for front yards where
the maximum shall be 0.75 metres.
Barbed wire shall not be permitted except where required by the Ontario
Electrical Safety Code. Barbed wire shall be included in the height of the fence.
1 By-law No. 15-068 March 11, 2015
2 By-law No. 4066-93 February 15, 1993
3 By-law No. 4525-99 December 6, 1999
6-6
FRONT YARDS
6.9
FRONT YARDS ADJOINING A RESIDENTIAL ZONE
ADJOINING A
RESIDENTIAL ZONE
Any non-residentially zoned lot which adjoins a residential zone with the same
street frontage shall provide a minimum front yard equivalent to the required
front yard for the adjoining residential zone.
For the purposes of this subsection, any yard on a corner lot which fronts upon
a street and adjoins a residential zone shall be deemed a front yard.
HEIGHT
6.10 HEIGHT EXCEPTIONS1
EXCEPTIONS
The height provisions of this By-law shall not apply to the following uses:
i)
Architectural design elements such as a spire, dome, cupola, minaret
ornamental figure. Skylight, tower including clock tower and belfry shall
be limited in height to 10.5 metres above the actual building height and
to a maximum of 10% coverage in total of the roof area.
ii)
A communications transmitting and receiving antenna, tower or mast and
flagpole, light pole or similar, silo, windmill or other farm building are also
limited to 10.5 metres from grade. A spire is a tapering tower including a
steeple and khanda. A dome is a rounded vaulted roof and does not
include an inflatable dome. A cupola is a decorative structure on a roof.
A minaret is a turret used for calling prayer. A belfry is a bell tower.
LANDSCAPE
6.11 LANDSCAPE REQUIREMENTS
REQUIREMENTS
6.11.1
LANDSCAPING ALONG STREET LINES
When a lot is used for a non-residential use, there shall be provided and
maintained on the lot, except for the area occupied by an access
driveway or walkway, a landscaped area having a minimum depth of
3.0 metres directly abutting any street line.
6.11.2
BUFFER STRIP
6.11.2.1
LOCATION2
When a lot is used for a non-residential use, and when the
side or rear lot line abuts an RU/S-58, R1, R2, R3, R4,
RM1, RM2, RM3 or RM4 Zone, then a buffer strip abutting
the lot line shall be provided in accordance with the
provisions of subclauses 6.11.2.2 and 6.11.2.3, except
where such side or rear lot line abuts a street line.
6.11.2.2
WIDTH OF BUFFER STRIP
Minimum
3.0 metres
6.11.2.3
USE
The buffer strip shall be used to provide a visual screen in
accordance with the provisions of the City of Hamilton
Fence By-law No. 10-142. 3
1 By-law No. 4574-00 November 6, 2000
2 By-law No. 4066-93 February 15, 1993
3 By-law No. 15-068 March 11, 2015
6-7
6.11.3
LANDSCAPING IN RESIDENTIAL FRONT YARDS
Front yards of residential buildings shall have a minimum of 50%
landscaped area.1
LIGHTING AND
ILLUMINATION
OF LOTS
6.12
LIGHTING AND ILLUMINATION OF LOTS
All lighting facilities located in any zone shall be so installed and maintained
as to ensure that the lighting or illumination is directed onto the lot upon which
such lighting or illumination is located and is deflected away from any adjacent
use or public thoroughfare.
MULTIPLE USES
6.13
MULTIPLE USES
Except as specifically permitted otherwise in this By-law, where two or more
permitted uses are located or are to be located in one building or on one lot,
all provisions of this By-law relating to each use shall be complied with.
MULTIPLE
ZONING
6.14
MULTIPLE ZONING
Where a lot is divided into more than one zone, each such portion of the lot
shall be used in accordance with the provisions of this By-law for the
applicable zones.
NON-
CONFORMING
USES
6.15
NON-CONFORMING USES
6.15.1
PROVISIONS
The provisions of this By-law shall not apply:
i)
To prevent the use of any land, building or structure for any
purpose prohibited by this By-law if such land, building or
structure was lawfully used for such purpose on the day of the
passing of this By-law, so long as it continues to be used for that
purpose; or
ii)
To prevent the erection or use for a purpose prohibited by this
By-law of any building or structure for which a permit has been
issued under Section 5 of the Building Code Act, prior to the day
of the passing of this By-law, so long as the building or structure
when erected is used and continues to be used for the purpose
for which it was erected and provided the permit has not been
revoked under Section 6 of the Building Code Act.
6.15.2
RESTORATION TO A SAFE CONDITION
Nothing in this By-law shall prevent the strengthening or restoration
to a safe condition of any building or structure or part thereof
provided that the strengthening or restoration does not increase the
building height, area of building or change the use of the building.
6-8
6.15.3
RESTORATION OF DAMAGED BUILDING OR STRUCTURE1
i)
Except as set out in subclause ii) of this clause, where a
building or structure that does not conform to the provisions of
this By-law is damaged by fire or otherwise to an extent of fifty
percent (50%) of its assessed value, as at the date of occurrence
of the damage, it shall not be restored except in accordance with
the provisions and regulations for the zone in which such building
or structure is located.
ii)
Nothing in this By-law shall prevent the reconstruction or
replacement of a single-detached dwelling which does not
comply with all the regulations of this By-law applicable to the
RU/S-58 EXCEPTION ZONE, which is totally or partially
destroyed by fire, accident or natural disaster, or demolished
by order of any government authority, provided the building or
structure is reconstructed on its original site and the floor area
and dimensions are not increased and approval is obtained from
the agency having jurisdiction for approval of on-site private
sewage disposal systems pursuant to the applicable legislation.
ONE DWELLING
6.16 ONE DWELLING PER LOT
PER LOT
Except where specifically permitted, no person shall erect or use for residential
purposes any building upon any lot in any zone on which lot there then exists,
or is in the course of construction, a building erected or used for residential
purposes in whole or in part.
SWIMMING
6.17 SWIMMING POOLS
POOLS
6.17.1
ABOVE GROUND
An above ground swimming pool installed:
i)
in a rear yard shall be set back a minimum of 1.2 metres from
the nearest lot line;
ii)
in a front yard or side yard shall comply with the minimum yard
requirements for the principal building located on such lot;
iii)
in the rear yard of a corner lot shall be set back from the street
line not less than the depth of the required front yard for a
dwelling on the adjacent property.
1 By-law No. 4066-93 February 15, 1993
6-9
6.17.2
INGROUND
An inground swimming pool installed:
i)
in a rear yard shall be set back a minimum of 1.0 metres from
the nearest lot line;
ii)
in a front yard or side yard shall comply with the minimum yard
requirements for the principal building located on such lot;
iii)
in the rear yard of a corner lot shall be set back from the street
line a minimum distance equal to the required side yard for the
principal building located on such lot.
6.17.3
LOT COVERAGE
Except for inground pools, not more than 50% of the area of the rear
yard shall be used for an above ground swimming pool or combined
accessory building coverage.
6.17.4
ACCESSORY BUILDINGS AND STRUCTURES
Any building or structure required for changing clothing or for
pumping or filtering facilities, or other such similar accessory uses,
shall comply with the provisions of this By-law respecting accessory
buildings and structures on such lot.
THROUGH LOTS 6.18 THROUGH LOTS
The front yard regulation contained herein shall apply on each street in
accordance with the provisions of the zone or zones in which such lot is located.
USES PERMITTED 6.19 USES PERMITTED IN ALL ZONES
IN ALL ZONES
Except for parking requirements, and except as otherwise specifically
provided or limited, the provisions of this By-law shall not apply to:
6.19.1
FLOOD CONTROL
All works and facilities necessary in connection with flood control, the
prevention of erosion, the protection of wildlife, forestry and any
other similar activities related to conservation as undertaken by a
Public Authority.
6.19.2
HOME OCCUPATIONS
6-10
6.19.3
MODEL HOMES1 (DELETED BY-LAW NO. 03-163)
6.19.3a MODEL HOMES IN DRAFT PLANS OF SUBDIVISION2
Notwithstanding any other provisions of this By-Law, where a
subdivision agreement has been executed (signed) by the owner, more
than one model home may be constructed on a lot prior to registration
of the plan of subdivision or on a lot or block within a registered plan of
subdivision subject to the following restrictions:
i)
the use shall be permitted in the zone in which the dwelling is
to be located;
ii)
the dwelling unit shall be used for the purpose of a model
home only and shall not be occupied as a dwelling unit prior to
the date of the registration of the subdivision plan;
iii)
the maximum number of model homes shall not exceed 10%
of the total number of lots intended for single detached dwellings,
semi-detached dwellings or townhouse dwelling unit purposes
within the draft approved plan of subdivision or registered plan
of subdivision, to a maximum of 20 dwelling units;
iv)
the model home shall comply with all other provisions of this
by-law, as though the dwellings and/or units were constructed
on the lot within the registered plan of subdivision; and
v)
the model home shall comply with all applicable terms and
conditions of the said subdivision agreement.
6.19.4
PARKS AND PUBLIC THOROUGHFARES
The use of any land as a public park or public thoroughfare.
6.19.5
PUBLIC UTILITIES
The use of any land for the erection of buildings or structures, or the
installation of other facilities essential to the operation of public utilities
as defined in SECTION 3 of this By-law, provided:
i)
that any such use, building or structure except for electric
power facilities shall be in substantial compliance with the
relevant provisions of this By-law;
ii)
that any such use, building or structure shall not adversely
affect the character or amenity of the neighbourhood in which
same is located;
iii)
that, in a Residential Zone, each side yard shall not be less
than 10 per cent of the lot width or 3.0 metres, whichever is the
greater; and
1 By-law No. 4135-94 February 7, 1994
2 By-Law No. 03-163 June 25, 2003
6-11
iv)
that, where the height of any such building or structure in a
Residential Zone exceeds the maximum height provision for that
zone, the minimum dimensions for required front and side yards
shall be increased by 0.3 metres for every 1.0 metres or portion
thereof by which the height of the building exceeds the maximum
height provision for the zone.
6.19.6
MEMORIALS OR ORNAMENTAL STRUCTURES
A statue, monument, cenotaph, fountain, or other such memorial or
ornamental structure.
6.19.7
USES INCIDENTAL TO CONSTRUCTION
i)
A construction camp or other such temporary work camp for so
long as the same is necessary for work in progress which has
neither been finished nor abandoned.
ii)
A tool shed, scaffold, or other building or structure incidental to
construction on the premises, for as long as the same is
necessary for work in progress which has neither been
finished nor abandoned.
"Abandoned" in this subsection means the failure to proceed
expeditiously with the construction work.
6.19.8
ROADSIDE STANDS
A temporary roadside stand used for the display and sale of
seasonable products from the agricultural land on which it is situate,
including one sign for advertising such products, subject to the
following regulations:
i)
Minimum lot area:
12,000.0 square metres
ii)
Maximum stand area:
19.0 square metres
iii)
Maximum stand height:
4.0 metres
iv)
Minimum setback from
any street:
7.5 metres
v)
Maximum sign area:
1.2 square metres
6.19.9
LODGERS
The accommodation of a maximum of three lodgers per dwelling
unit, except as specifically permitted elsewhere in this By-law, provided
that access to lodging rooms shall be from within the dwelling unit.
6-12
USES
6.20 USES PROHIBITED IN ALL ZONES
PROHIBITED IN
ALL ZONES
The following uses are prohibited:
i)
GENERAL PROHIBITION
All uses of land and the erection or use of any building or structure for a
purpose not permitted under the "PERMITTED USES" subsection of one
or more zones established by this By-law are prohibited in each such zone,
except for those uses of land and the erection or use of any building
or structure for a purpose expressly permitted under the applicable
provisions of Section 6 hereof.
ii)
TENTS OR TRAILERS
The use of tents or trailers for human habitation, or for business or other
purposes, is prohibited; provided, however, that this provision shall not
prevent the use of tents for children's play or for picnics.
iii)
OFFENSIVE USES
No use shall be permitted which, from its nature or the materials used
therein, is declared under The Public Health Act, R.S.O. 1980, Chapter
409, or successor thereto, to be an offensive trade, business or
manufacture.
iv)
HAZARD LANDS
No building or structure shall be erected or used on lands that have inherent
environmental hazards such as flood susceptibility, poor drainage, marshy
or swamp conditions, erosion and unstable soils unless such hazard can be
overcome to the satisfaction of Council and the appropriate Conservation
Authority.
v)
HAZARDOUS USES
No land, building or structure shall be used for any of the following
commercial or industrial purposes: the storage of, or the use in
manufacturing of, celluloid, cellulose, pyroxylin, ammonia, acid, coal oil, rock
oil, fuel oil, burning fluid, naphtha, benzol, benzine, gasoline, dynamite,
dualin, nitroglycerine, acetylene gas, fireworks, gun powder, petroleum,
propane gas, or other similar combustible or inflammable or dangerous
liquid, gas or material, except as otherwise specifically permitted in this By-
law.
VISIBILITY
6.21 VISIBILITY TRIANGLE
TRIANGLE
Notwithstanding any other provision contained in this By-law, no finished lot
grade, wall, fence, hedge, shrub, tree or other object or structure shall exceed
the elevation of the adjacent street by more than 0.75 metres within the area
defined as a visibility triangle on a corner lot.
6-13
DIVISION OF
6.22 DIVISION OF SEMI-DETACHED LOTS
SEMI-DETACHED
LOTS
Notwithstanding any other provisions in this By-law, the division of any lot on
which is erected a semi-detached dwelling into not more than two parts for the
purpose of creating two separate lots for each dwelling unit shall be permitted
provided:
i)
that such dwelling was erected prior to the date of passing of this By-law,
the said lot shall be divided as equally as practicable;
ii) that such dwelling was erected on or after the date of passing of this By-
law, the said lot shall be divided into two parts and if located in a R3 or R4
Zone, or subject to the semi-detached dwelling regulations of the R3 or R4
Zone, each of two such parts shall have a minimum frontage of 10.5
metres and a minimum area of 315 square metres; and,4
iii) that a portion of the lot line between the said two parts shall be the centre
line of the common or party wall separating the two dwelling units.
PHASED
6.23 PHASED REGISTRATION OF CONDOMINIUMS1
REGISTRATION
OF CONDOMINIUMS Where a comprehensive Condominium Plan of Subdivision has received Draft
Plan Approval as well as Site Plan Approval and where registration of the Plan
is intended to occur in phases and/or stages, the draft approved plan of
condominium shall be deemed to be one lot for the purposes of applying zoning
provisions. Zoning regulations shall apply only to the external limits of the Plan,
prior to the registration of any phase, not to interior boundaries resulting from
the registration of any phase.
REGULATIONS
6.24
REGULATIONS FOR CONSOLIDATED LOT DEVELOPMENT2
FOR CONSOLIDATED
LOT DEVELOPMENT Where two or more abutting lots under one identical ownership are
consolidated for the purpose of development, the internal lot lines of the original
lots shall not be construed to be lot lines for the purposes of any zoning
regulations provided that all applicable regulations of this By-Law relative to the
consolidated lot development and its external lot lines are complied with.
ADEQUATE
6.25 ADEQUATE SERVICES3
SERVICES
Except for Section 6.19.3a - Model Homes in Draft Plans of Subdivision, no
buildings or structures may be erected, used or occupied unless:
i)
adequate watermains, storm and sanitary sewer systems are existing or
have been provided for in a binding and secured development agreement
and all regulatory approvals have been received to the satisfaction of the
General Manager of the Planning and Economic Development
Department and/or his or her designate; or
1 By-law No. 02-209 July 10, 2002
2 By-law No. 05-238, August 10, 2005
3 By-law No. 06-038, March 1, 2006
4 By-law No. 22-192, August 12, 2022
6-14
ii)
where such services are not required or contemplated, an approved waste
disposal system and potable water supply to sustain the use of land for
buildings or structures are existing or have been provided for to the
satisfaction of the Chief Building Official and all regulatory approvals have
been received to the satisfaction of the General Manager of the Planning
and Economic Development Department and/or his or her designate; and
iii)
the dedication of lands for parkland or payment of cash-in-lieu of parkland
in accordance with the City of Hamilton Parkland Dedication and Cash-in-
lieu of Parkland Policy has been received to the satisfaction of the General
Manager of the Planning and Economic Development Department and/or
his or her designate.
OUTDOOR
6.26 OUTDOOR COMMERCIAL PATIOS1, 2, 3
COMMERCIAL
PATIO
Notwithstanding any provisions of this By-law, every Outdoor Commercial Patio,
inclusive of all outdoor areas and portions of the patio that cross property lines
such as road allowances, shall comply with the following:
a)
Design Requirements
Outdoor Commercial Patios shall be designed and used to accommodate
seating of customers
b)
Seating Capacity Requirements
An Outdoor Commercial Patio shall be limited to a seated capacity of a
minimum of 1.10 square metres of patio area per person.
c)
Location Requirements:
i)
Except as provided in Subsection b) (ii) below, no Outdoor
Commercial Patio shall be permitted on a lot where any lot line abuts
a Residential Zone or where such lot is separated from a Residential
Zone by a laneway; and,
ii) Where only the rear lot line abuts a Residential Zone or the lot is
separated from the Residential Zone by a laneway, an Outdoor
Commercial Patio shall only be permitted in the front yard.
URBAN
6.27 REGULATIONS FOR AN URBAN FARM4
FARM
(a)
Every urban farm, as a principle use, shall comply with the following:
i)
Notwithstanding the minimum lot area of any zone, the minimum lot
area shall be not less than 0.4 ha.
1 By-law No. 09-210, September 30, 2009
2 By-law No. 15-068, March 11, 2015
3 By-law No. 22-077, April 13, 2022
4 By-law No. 14-275, September 24, 2014
ii)
Notwithstanding the size of the accessory structures of the particular
zone in which the farm produce/product stand is located, only one
6-15
farm produce/product stand shall be permitted and it shall not
exceed a maximum area of 18.5 square metres.
iii)
Notwithstanding the maximum building size of any zone, the
maximum gross floor area of all buildings and structures on the site
associated with the urban farm use shall not exceed 280 square
metres, and no single building shall exceed 140 square metres.
iv) Notwithstanding the size requirements for an accessory structure in
any zone, any building or structure associated with the urban farm
use which is greater than 35 square metres shall be considered as a
principle building;
v)
Notwithstanding the height requirement of any zone in which the
principle building is located, the maximum height of any building or
structure associated with the urban farm use shall not exceed 10.5
metres.
vi) Notwithstanding the size requirements for an accessory structure in
any zone, any building or structure associated with the urban farm
use which is 35 metres squared or less shall be considered as an
accessory building or structure.
vii) Notwithstanding the setback requirements for a principle building or
accessory structure in any zone, a greenhouse shall have a
minimum 7.5 metre setback from any property line.
viii) All mechanical equipment shall be located within a building or
structure.
(b)
Notwithstanding Section 6.25 a), an urban farm, as a principle use, may
locate on a lot less than 0.4 ha in size provided that:
i)
there are no buildings or structures erected on the lot in which the
urban farm is located.
ii)
Notwithstanding Section 3.2.93.1, no retail sales shall be permitted
on-site.
(c)
Every urban farm that locates on the same lot as another principle use,
shall comply with the following:
i)
All mechanical equipment shall be located within a building or
structure.
ii)
All buildings and structures shall comply with the accessory
structure regulations of the zone in which the use is located.
iii)
Notwithstanding the height requirements for an accessory structure
in any zone, where an urban farm is located on a roof top, the height
of the accessory structure shall not exceed the maximum building
height.
iv) Notwithstanding Section 3.2.93.1, no retail sales shall be permitted
on-site.
COMMUNITY
6.28 REGULATIONS FOR A COMMUNITY GARDEN1
GARDEN
6-16
(a)
All buildings and structures shall comply with the accessory structure
regulations of the zone in which it is located.
(b)
Notwithstanding, Section 3.2.3, where a community garden is located on
a roof top, the height of the accessory structure shall not exceed the
maximum building height.
COMMON
6.29 COMMON ELEMENTS CONDOMINIUMS2
ELEMENTS
CONDOMINIUM
Notwithstanding the regulations of the "RM1" Zone, townhouse dwelling units
may be developed in accordance with the applicable street townhouse
regulations of the "RM1" Zone. For the purposes of this Zone, the private
driveway(s) or condominium road(s) are deemed to be a street(s), and parking
and landscaping are permitted within the street(s).
URBAN
6.30 REGULATIONS FOR AN URBAN FARMERS MARKET3
FARMERS
MARKET(a)
Every urban farmers market shall comply with the following regulations:
(i)
the majority of the local agricultural products or local value added agricultural
products sold from vendor stalls shall be grown or produced by the person who
operates the vendor stalls;
(ii)
75% of vendors shall sell local agricultural products, value-added local
agricultural products or VQA wines;
(iii)
25% of the vendors may include entertainment, food premises/ demonstrations,
baked goods, but shall not include the sale of personal services and second
hand goods;
(iv)
the sale of VQA wines shall only be permitted in accordance with provincial
regulations governing the sale of wine;
(v)
include a minimum of 5 vendor stalls and a maximum of 50 vendor stalls;
(vi)
Operates a maximum of 2 days each week; and,
(vii)
may occupy the required parking spaces and be located within the required
yards of the principle use.
SECONDARY
6.31 SECONDARY DWELLING UNITS AND SECONDARY DWELLING UNITS -
DWELLING
DETACHED4,5
UNITS
i)
Parking shall be provided in accordance with Section 7 of this by-law and the
following:
a)
No additional parking space shall be required for either a Secondary
Dwelling Unit or a Secondary Dwelling Unit - Detached, provided the
required parking spaces which existed on May 12, 2021 for the existing
dwelling shall continue to be provided and maintained;
b) Notwithstanding Section 7.1.1, a maximum of two parking spaces for a
Secondary Dwelling Unit and/or Secondary Dwelling Unit Detached,
may be provided in the required Front Yard; and,
c) In addition to Section 6.11.3, parking for a Secondary Dwelling Unit and/or
Secondary Dwelling Unit - Detached shall maintain a minimum of 50%
landscaped area in the exterior Side Yard.
6-17
1)
Notwithstanding Section 6.31 i) a), one parking space shall be
required for a Secondary Dwelling Unit - Detached if it constitutes
the fourth Dwelling Unit on a lot. 1
ii) Notwithstanding Section 2.1 of this By-law, the following provisions shall apply:
a) A Building Permit application for a Secondary Dwelling Unit or Secondary
Dwelling Unit - Detached, received by the City of Hamilton prior to the
date By-law No. 22-134 was approved by Council, will be evaluated
against the provisions of Section 6.31 of this By-law, in effect before By-
law No. 22-134 came into effect.
(1) Notwithstanding Section 6.31 ii) a), if a Building Permit is not
issued within 180 days of the effective date of this By-law, By-
law No. 22-2134 shall apply in all respects to the Building Permit
in question.
b) A Building Permit may be issued to permit a Secondary Dwelling Unit or
Secondary Dwelling Unit - Detached in accordance with any Minor
Variance that has been approved by the City of Hamilton or the Ontario
Land Tribunal as it read on the day before By-law 22-134 was approved
by Council, provided the Building Permit application complies with
Section 6.31 of this By-law, in effect the day before By-law No. 22-134
came into effect.
c) For the purposes of determining zoning conformity, the following shall
apply:
(1) This By-law is deemed to be modified to the extent necessary to
permit a Secondary Dwelling Unit or Secondary Dwelling Unit -
Detached that is constructed in accordance with Section 6.31 ii)
a) or b).
(2) Once a Building Permit has been issued under Section 6.31 ii)
a) or b), or more than 180 days has transpired as per Section
6.31 ii) a) (1), the provisions of this By-law apply in all other
respects.
1By-law No. 22-192 August 12, 2022
6.31.1
Secondary Dwelling Unit1
i)
For lands within a R1, R2, R3, R3A, R4, R6, RM1, R.C.C., and
RH-1 Zone, a maximum of one Secondary Dwelling Unit shall
be permitted within a Single Detached Dwelling, a Semi-
Detached Dwelling, or a Street Townhouse Dwelling on a
divided or undivided lot and shall not result in a change to the
defined dwelling type on the lot.
ii)
All the regulations of this By-law applicable to the existing
dwelling shall continue to apply unless specifically provided in
Section 6.31.1.
NOTE: In accordance with Section 35.1 (1) of the Planning Act, R.S.O.
1990, a maximum of two Secondary Dwelling Units will be permitted
within a Single-Detached Dwelling, a Semi-Detached Dwelling, or a
Street Townhouse Dwelling on a lot. A Secondary Dwelling Unit -
Detached will not be permitted on a lot containing two or more
Secondary Dwelling Units.
iii)
There shall be no outside stairway above the first floor other
than a required exterior exit.
6-18
iv)
A maximum of one entrance shall be permitted on the front
façade of a dwelling containing a Secondary Dwelling Unit.
v)
Notwithstanding the R1, R2, R3, R4 Zones, the R.C.C. Zone,
and the RH-1 Zone, where an Accessory Apartment in a
Dwelling Converted is permitted, a Building Permit for a
Secondary Dwelling Unit may be issued in accordance with any
minor variance, site specific zoning, site plan that has been
approved or conditionally approved by the City of Hamilton or
the Ontario Land Tribunal as it read on the day before By-law
No. 21-073 was passed by Council, provided the Building
Permit application complies with Zoning By-law No. 3581-86,
as amended, that affected the lot before By-law No. 21-073
came into effect. For the purposes of determining zoning
conformity the following provisions shall apply:
a) This By-law is deemed to be modified to the extent
necessary to permit a building or structure that is erected
in accordance with Section 6.31.1 v).
b) Once the permit or approval under Section 6.31.1 v), has
been granted, the provisions of this By-law apply in all
other respects to the land in question.
6.31.2
Secondary Dwelling Unit - Detached 2
i)
For lands within a R1, R2, R3, R3A, R4, R6, RM1, R.C.C., and
RH-1 Zone, a maximum of one Secondary Dwelling Unit -
Detached shall be permitted on a lot containing a Single
Detached Dwelling, a Semi-Detached Dwelling, or a Street
Townhouse Dwelling.
ii)
In addition to Section 6.31.2, a legally established accessory
building existing as of May 12, 2021, may be converted to the
one Secondary Dwelling Unit - Detached permitted on a lot
containing an existing Single Detached Dwelling, Semi-
Detached Dwelling, or Street Townhouse Dwelling subject to
the following provision:
a)
Any additions over 10% of the existing gross floor area of
the legally established accessory building converted to a
Secondary Dwelling Unit - Detached shall be in
accordance with the regulations of Section 6.31.2
iii)
All the regulations of this By-law applicable to the existing
dwelling shall continue to apply unless specifically provided in
Section 6.31.2.
NOTE: In accordance with Section 35.1 (1) of the Planning Act, R.S.O.
1990, a maximum of two Secondary Dwelling Units will be permitted
within a Single-Detached Dwelling, a Semi-Detached Dwelling, or a
Street Townhouse Dwelling on a lot. A Secondary Dwelling Unit -
Detached will not be permitted on a lot containing two or more
Secondary Dwelling Units.
iv)
A Secondary Dwelling Unit - Detached shall only be permitted
in a Rear and/or interior Side Yard.
v)
Notwithstanding Section 6.18, for a Through Lot, the Rear Yard
shall be established in accordance with Section 3.2.56.
6-19
vi)
A minimum 1.2 metre setback shall be provided from the
interior Side Lot Line and Rear Lot Line.
a) Notwithstanding Section 6.31.2 vi), an eave or a gutter
may extend a maximum of 30 centimetres into a required
minimum setback area.
b) In addition to Section 6.31.2 vi) a landscape strip is
required to be provided within the required side yard
adjacent to a Secondary Dwelling Unit - Detached and
shall be limited to sod, ground cover, permeable pavers, or
a buffer strip, and may include a visual barrier.
vii)
A Secondary Dwelling Unit - Detached shall not be located
closer to the flankage street than the principal dwelling.
viii)
An unobstructed path with a minimum 1.0 metre width and
minimum 2.1 metre clearance in height from a street line to the
entrance of the Secondary Dwelling Unit - Detached shall be
provided and maintained.
ix)
The following building separation shall be provided:
a) Where a Secondary Dwelling Unit - Detached is located
in the Rear Yard, a minimum distance of 4.0 metres3
shall be required between the rear wall of the principal
dwelling and the Secondary Dwelling Unit - Detached.
b) Where a Secondary Dwelling Unit - Detached is located in
an Interior Side Yard, the following is required:
(1) A minimum distance of 4.0 metres shall be
provided between the side wall of the principal
dwelling and a Secondary Dwelling Unit -
Detached; and,
(2) A Secondary Dwelling Unit - Detached shall be
set back a minimum 5.0 metres from the front
façade of the principal dwelling.
x)
A maximum height of 6.0 metres shall be permitted.
a) Notwithstanding Section 6.31.2 x), balconies and rooftop
patios shall be prohibited above the first floor level.
xi)
The maximum gross floor area shall not exceed the lesser of
75 square metres or the gross floor area of the principal
dwelling.
a) In addition to Sections 6.31.2 xi) and 6.31.2 xi) b), and
notwithstanding Sections 10A.2.1.3, 11A.2.1.3, and
11A.3.1.3, the maximum combined lot coverage of all
buildings and structures on a lot containing a Secondary
Dwelling Unit - Detached shall be 45%.4
b) In addition to Section 6.31.2 xi), the ground floor area of a
Secondary Dwelling Unit - Detached shall not exceed
3 By-law No. 25-156, August 06, 2025.
4 By-law No. 25-156, August 06, 2025.
6-20
70% of the ground floor area of the principal dwelling
when the ground floor area of the principal dwelling is
less than or equal to 105 square metres.
xii)
A minimum landscaped area of 12.0 square metres shall be
provided and maintained within the Rear Yard.
1By-law No. 14-275 September 24, 2014
2By-law No. 15-068 March 11, 2015
3By-law No. 15-102 April 22, 2015
4By-law No. 21-073 May 21, 2021
By-law No. 21-167, September 29, 2021
5 By-law No. 22-134, June 08, 2022
1 By-law No. 22-134, June 08, 2022
2 By-law No. 22-134, June 08, 2022
6.32
CONVERTED DWELLINGS1
i)
For the purpose of Section 6.32, a Converted Dwelling shall mean a
single detached or duplex dwelling, existing as of XX, 2022,
converted to contain greater than two but no more than four Dwelling
Units.
ii)
A Converted Dwelling shall be permitted within the R1, R2, R3, R3A,
R4, R6, R.C.C, and RH-1 Zones.
iii)
All the regulations of this By-law applicable to the existing dwelling
shall continue to apply unless specifically provided in Section 6.32.
iv)
Notwithstanding any applicable regulations of this By-law, no more
than four Dwelling Units shall be permitted on a lot subject to
Converted Dwelling permissions as identified in Section 6.32 (ii).
v)
No parking spaces are required for dwelling units within a Converted
Dwelling, provided the required parking spaces which existed on XX,
2022 for the existing dwelling shall continue to be provided and
maintained.
a)
Notwithstanding Section 6.32 v), one parking space is
required for the following conditions:
1)
For the fourth dwelling unit in a Converted
Dwelling; and,
2)
For the fourth dwelling unit on a lot.
6.33
HOME CHILD CARE5
i)
A home child care use shall be permitted within any dwelling unit in
any zone provided that the principal residential use is permitted in
the zone.
ii)
A home child care use shall not be considered a home occupation
use.
iii)
All the regulations of this By-law applicable to the principal dwelling
shall continue to apply.
1By-law No. 22-192 August 12, 2022
5 By-law No. 25-156, August 06, 2025.
OFF-STREET PARKING
AND LOADING
7-1
OFF-STREET
PARKING AND
LOADING
SECTION 7: OFF-STREET PARKING AND LOADING
LOCATION
7.1
LOCATION
7.1.1
Where a parking space or a loading space is required to be provided
pursuant to this By-law, it shall be located on the same lot as the
building or use in respect of which it is required. No such required
parking or loading space shall be located in a required front yard,
except for the access driveway leading to the required parking space.
7.1.2
Parking spaces shall not be located in the front yard of an apartment
building development site.
MANOEUVRING
7.2
MANOEUVRING SPACE
SPACE
7.2.1
All required parking spaces and loading spaces shall be designed
and located such that all vehicles using such spaces can be parked
and manoeuvred entirely within the bounds of the parking areas within
which such spaces are located, and without moving any other vehicle
within such parking area.
7.2.2
All manoeuvring space shall be maintained free and clear of all
obstructions to permit unobstructed access to and egress from
required parking spaces.
ACCESS
7.3
ACCESS
7.3.1
All required parking space and manoeuvring space shall have
access by means of:
i)
one or more access driveways located on the lot; or
ii)
one or more access driveways located partly on the lot in the
case of a mutual driveway; or
iii)
a legally established right-of-way.
7.3.2
Every parking area for a use where:
i)
there are five or less parking spaces shall have not less than
one access driveway or one mutual driveway, having a width
of at least 2.8 metres;
7-2
ii)
there are more than five parking spaces shall have:
(a)
not less than one access driveway or mutual access
driveway, having a width of at least 5.5 metres; or
(b)
a separate ingress driveway and a separate egress
driveway, each having a width of at least 3.0 metres and
each operated in a one way but opposite direction to
each other and so designed that vehicles shall not back
out onto an adjoining public thoroughfare.
7.3.3
Where a townhouse dwelling, maisonette dwelling or apartment
building is adjacent to a residential zone that does not permit such
uses, every access driveway to the townhouse dwelling, maisonette
dwelling or apartment building shall be located not less than 3.0
metres from the common boundary between the zone in which the
townhouse dwelling, maisonette dwelling or apartment building is
located and the zone that does not permit such uses.
7.3.4
Where a non-residential use is adjacent to a residential zone, every
access driveway to or from the non-residential use shall be located
not less than 3.0 metres from the common boundary with the
residential zone.
7.3.5
No land in any residential zone shall be used for the purpose of
vehicular access to or from any land in a commercial zone, an
industrial zone, or a special use zone.
7.3.6
No land in a residential zone in which a townhouse dwelling,
maisonette dwelling, or apartment building is not permitted shall be
used for the purpose of vehicular access to or from any land used
for a townhouse dwelling, maisonette dwelling or apartment
building.
ABUTTING A
7.4
ABUTTING A RESIDENTIAL ZONE
RESIDENTIAL
ZONE
7.4.1 The boundary of every parking area containing five or more parking
spaces, or a loading space located on the surface of a lot adjoining
any residential zone, shall be located not less than 1.5 metres from
the residential zoning boundary.
7.4.2
For every parking area or loading space referred to in clause 7.4.1,
there shall be provided and maintained:
i)
between the boundary of the parking area or loading space
and the adjacent residential zone, a buffer strip; and
ii)
a visual barrier along the boundary of the lot abutting the
residential zone, not less than 1.2 metres in height nor greater
7-3
than 1.8 metres in height, that minimizes glare of headlights from
the parking area or loading space passing through to the
adjoining residential zone.
7.4.3
Notwithstanding clauses 7.4.1 and 7.4.2, for every parking area for
a "rooming, boarding and lodging house"1 and "Retirement Home"
not enclosed within a building, and located in a rear or side yard
adjoining any residentially zoned lot, there shall be provided and
maintained:
i)
between the boundary of the parking area and the adjoining
residentially zoned lot, a minimum 1.5 m wide buffer strip; and
ii)
a visual barrier parallel to the parking area, not less than 1.2 m
in height nor greater than 1.8 m in height.
7.4.4
The boundary of every parking area containing five or more parking
spaces or a loading space within 3.0 metres of a residential zone shall
be located not closer to the street line than the minimum depth of the
front yard required to be provided in the adjoining residential zone.
VISITOR
7.5
VISITOR PARKING
PARKING
7.5.1
Each required visitor parking space shall:
i)
be maintained for the exclusive use of visitors; and
ii)
have a sign appurtenant thereto legibly marked that the
parking space is for the exclusive use of visitors; and
iii)
be maintained readily accessible to visitors and free and clear
of all obstructions.
LOADING
7.6
LOADING SPACES
SPACES
7.6.1
Where loading spaces are required to be provided and maintained,
the loading spaces shall be provided and maintained in addition to
manoeuvring space.
7.6.2
All loading space shall be provided and maintained to permit
commercial motor vehicles to move readily and without hindrance
between the loading space and an access driveway.
7.6.3
No part of a loading space shall be located closer than 7.5 metres to
a public thoroughfare.
1 By-law No. 4091-93 June 21, 1993
7-4
MIXED USE
7.7
MIXED USE DEVELOPMENT
DEVELOPMENT
7.7.1
Except as provided in clauses 7.7.2 and 7.7.3 of this subsection,
where more than one use is made of land, or a building or structure,
there shall be provided and maintained a total of:
i)
parking spaces equal to the aggregate number of parking
spaces required to be provided for each use;
ii)
loading spaces equal to the aggregate number of loading
spaces required to be provided for each use.
7.7.2
Where more than one use is made of a building constructed as a
shopping centre, there shall be provided and maintained a total
number of parking spaces not less than the number of parking spaces
calculated on the total floor area of the shopping centre, without
deduction of any amount for each individual use.
7.7.3
Where a building or structure is comprised of a joint residential use
and a commercial use:
i)
the aggregate of the required residential and commercial
parking spaces may be reduced by not more than 20 per cent
of either the required residential parking spaces or the required
commercial parking spaces, whichever is the lesser, only if:
(a) the number of parking spaces equal to the amount of the
reduction are accessible to both the residential and
commercial uses at all times; and
(b) not less than 80 per cent of the parking spaces accessory
to the residential uses are fully and completely separated
from parking spaces accessory to the commercial uses;
and
ii)
the number of the required loading spaces for the commercial
uses may be reduced by 50 per cent of the required number of
loading spaces for the residential uses.
ENCROACHMENT 7.8
ENCROACHMENT INTO YARDS
INTO YARDS
7.8.1
No building or structure used for parking purposes, appurtenant to
commercial, public, institutional or industrial uses or to townhouse
dwellings, maisonette dwellings or apartment buildings, shall project
into a required yard except where the building or structure:
i)
is not above ground elevation of the adjoining land, where the
yard or any part thereof does not abut a public thoroughfare; and
7-5
ii)
is not above curb level, where the yard or any part thereof
adjoins a public thoroughfare.
7.8.2
Where a building or structure used for parking purposes projects
above grade, the yard requirements of the zone in which the
building or structure is located shall apply.
SURFACING
7.9
SURFACING AND MARKING
AND MARKING
7.9.1
Except as provided in clause 7.9.2, a permanent, durable and
dustless surface that is graded, drained and paved with concrete,
asphalt or other similar material, or any combination thereof shall be
provided and maintained for every parking area, loading space,
manoeuvring space and access driveway, unless an alternative
type of surface material, such as an environmentally friendly
permeable surface, is required as part of a Site Plan approved by
Council under the relevant provisions of the Planning Act.1
7.9.2
A gravel or similar surface, permeable pavers, 2 or suitable paving
shall be provided and maintained for every parking space and access
driveway accessory to a single-detached dwelling, a duplex dwelling,
a semi-detached dwelling and street townhouse dwellings, each
having separate access driveways.
7.9.3
Where a parking area contains five or more parking spaces, there
shall be provided and maintained:
i)
markings on the surface of the parking area delineating the
separate parking spaces; and
ii)
bumpers or wheel barriers to prevent physical encroachment
of vehicles beyond the parking area, except at the entrances
thereto and exits therefrom.
VEHICLES
7.10 VEHICLES PROHIBITED IN RESIDENTIAL ZONES
PROHIBITED IN
RESIDENTIAL
The following vehicles shall not be parked in a residential zone:
ZONES
i)
A vehicle for which the permit fee under The Highway Traffic Act is
based on the weight of the vehicle and load in excess of 4.0 tonnes; or
ii)
A vehicle which exceeds 6.5 metres in length; or
iii)
A vehicle which is equipped with dual rear wheels or tandem axles; or
iv)
A vehicle which is a tow truck; or
v)
A vehicle which is a bus.
1 By-law No. 4517-99 November 1, 1999
2 By-law No. 22-134 June 08, 1999
7-6
CALCULATION
7.11 CALCULATION OF REQUIRED PARKING AND LOADING SPACES
OF REQUIRED
PARKING AND
LOADING SPACES
SPACES
7.11.1
Parking and loading space requirements for any building or use shall
be calculated on the basis of the indices provided in subsection 7.12
or 7.13 respectively of this Section.
7.11.2
Where a calculation made pursuant to the provisions contained in
subsection 7.12 or 7.13 of this Section results in a fractional number
of parking or loading spaces, the next higher number shall be taken.
OFF-STREET
7.12 OFF-STREET PARKING SPACE REQUIREMENTS
PARKING SPACE
REQUIREMENTS For the building or use described in COLUMN 1 of this subsection, there shall
be provided, in accordance with the required parking space specified in
COLUMN 2 of this subsection, at least the parking spaces specified:
7.12.1
RESIDENTIAL USES
COLUMN 1
COLUMN 2
Use of Building or Lot
Minimum Required Parking Space
7.12.1.1 Single-Detached Dwellings
1.0 space per dwelling unit.
7.12.1.2 Duplex and Semi-
Detached Dwellings
1.0 space per dwelling unit.
7.12.1.3 Townhouse and
1.5 spaces per dwelling unit, of
Maisonette Dwellings
which 0.30 spaces per dwelling
unit shall be provided for Visitor
Parking;
7.12.1.4 Street Townhouse
Dwellings
1.0 space per dwelling unit
7.12.1.5 Apartment Buildings
1.25 spaces per dwelling
unit, of which 0.25 spaces
per dwelling unit shall be provided
for Visitor Parking.
7.12.1.6 Rooming, Boarding and
Lodging Houses1
1.0 space per two persons who
may be lawfully accommodated.
7.12.1.7 Group Homes
1.0 space per three persons who
may be lawfully accommodated.
1 By-law No. 4091-93 June 21, 1993
7-7
COLUMN 1
COLUMN 2
Use of Building or Lot
Minimum Required Parking Space
7.12.1.8 Retirement Homes
i)
1.0 space for the owner or other
person living on the premises.
ii)
1.0 space for each two
employees or non-resident
owners on duty in an eight hour
shift; and
iii)
1.0 space for each six residents
lawfully accommodated in the
Home.
7.12.1.9 Bed and Breakfast1
1.0
space
per
guest
room
7.12.1.10
accommodation plus that normally
required for the residential use.
Secondary Dwelling Unit
Secondary Dwelling Unit,
Secondary Dwelling Unit -
Detached
1 space per unit
7.12.2
COMMERCIAL USES
7.12.2.1 Hotels, Motor Hotels,
Motels, Guest Houses
and Tourist Homes
1.0 space per guest room or unit.
7.12.2.2 Licenced Restaurants;
Unlicenced Restaurants;
Drive-In Restaurants;
Taverns, Bars and Night
Clubs; Regular Motion
Picture Theatres;
Theatrical and Other
Staged Entertainment
Services; Athletic Clubs;
Martial Arts Clubs; Bowling
Bowling Alleys and
Billiard Halls; Dance Halls,
Studios and Schools.
1.0 space per 6 persons who may
be lawfully accommodated.
7.12.2.3 Child Care Centres
1.0 space per 6 children who may
be lawfully accommodated;
1 By-law No. 4306-96 September 4, 1996
2 By-law No. 21-073 May 12, 2021
7-8
COLUMN 1
COLUMN 2
Use of Building or Lot
Minimum Required Parking Space
7.12.2.4 Shopping Centres
i)
a) Except as provided in ii) 1.0
spaces per 31.0 square metres
of gross floor area between
450.0 square metres up to and
including
3,700.0
square
metres, and an additional
b) 1.0 space per 17.0 square
metres square metres of gross
floor area for that portion of the
gross floor area between
3,701.0 square metres and
9,300.0 square metres, and an
additional
c) 1.0 space per 14.0 square
metres of gross floor area in
excess
of
9,300.0
square
metres;
ii)
The average number of parking
spaces for the total gross floor area
shall not exceed 1.0 spaces per
20.0 square metres;
7.12.2.5 Retail Establishments
1.0 spaces per 31.0 square metres of
Leasing Establishments,
gross floor area.
Service Shops and any
other Commercial uses
not otherwise mentioned
in COLUMN 1 of
clause 7.12.2
7.12.2.6 Warehouses
1.0 spaces per 115.0 square metres of
gross floor area.
7.12.3
INDUSTRIAL USES
COLUMN 1
COLUMN 2
Use of Building or Lot
Minimum Required Parking Space
7.12.3.1 Any Industrial Use
1.0 spaces per 45.0 square metres of
gross floor area.
7-9
7.12.4
PUBLIC AND INSTITUTIONAL USES
COLUMN 1
COLUMN 2
Use of Building or Lot
Minimum Required Parking Space
7.12.4.1 Library Services,
Museums and Archives
Nil
7.12.4.2 Churches and other
religious organizations
1.0 spaces per 6 persons who may be
lawfully accommodated.
7.12.4.3 School:
i)
Elementary
ii)
Secondary
iii) Secondary -
1.25 spaces per classroom;
1.8 spaces per classroom;
2.5 spaces per classroom;
Grade 13 only
iv) Post-secondary
Non-University
and University
6.0 spaces per classroom;
7.12.4.4 Curling Rinks, Swimming
Pools, Arenas and any
other recreational use.
1.0 spaces per six persons who may
be lawfully accommodated.
7.12.4.5 Nursing Homes and
Homes for the Aged
1.0 spaces per three patients beds.
7.12.4.6 Hospitals
1.0 spaces per 93.0 square metres
gross floor area.
OFF-STREET
7.13
OFF-STREET LOADING SPACE REQUIREMENTS
LOADING SPACE
REQUIREMENTS For the building or use described in COLUMN 1 of this subsection, there shall
be provided, in accordance with the loading space indices specified in
COLUMN 2 and COLUMN 3 of this subsection, at least the loading spaces
specified:
COLUMN 1
Use of Building or Lot
COLUMN 2
Minimum Size
COLUMN 3
Minimum Size
Length: 9.0 m
Width: 3.7 m
Height: 4.3 m
Length: 18.0 m
Width: 3.7 m
Height: 4.3 m
7-10
7.13.1
RESIDENTIAL USES
COLUMN 1
COLUMN 2
COLUMN 3
Use of Building or Lot
Minimum Size
Minimum Size
7.13.1.1
Apartment building
1.0
Nil
containing from 5
to 30 dwelling units
7.13.1.2
Apartment building
Nil
1.0
containing from 31
to 100 dwelling units
7.13.1.3
Apartment building
1.0
1.0
containing more than
100 dwelling units
7.13.2
COMMERCIAL USES, except as provided in subsection 7.13.3,
and containing the following gross floor areas:
7.13.2.1
0.0 square metres to
Nil
Nil
450.0 square metres
7.13.2.2
Greater than 450.0
1.0
Nil
square metres to
900.0 square metres
7.13.2.3
Greater than 900.0
Nil
1.0
square metres to
1,850.0 square metres
7.13.2.4
Greater than 1,850.0
Nil
2.0
square metres to
7,400.0 square metres
7.13.2.5
Greater than 7,400.0
Nil
3.0
square metres to
13,000.0 square metres
7.13.2.6
Each additional 7,400.0
Nil
1.0
square metres or part
thereof in excess of
13,000.0 square metres
Length: 9.0 m
Length: 18.0 m
Width: 3.7 m
Width: 3.7 m
Height: 4.3 m
Height: 4.3 m
7-11
7.13.3
COMMERCIAL USES within buildings used exclusively for office
purposes and containing the following gross floor areas:
COLUMN 1
COLUMN 2
COLUMN 3
Use of Building or Lot
Minimum Size
Minimum Size
7.13.3.1
0.0 square metres to
450.0 square metres
Nil
Nil
7.13.3.2
Greater than 450.0
square metres to
1,850.0 square metres
1.0
Nil
7.13.3.3
Greater than 1,850.0
square metres to
7,400.0 square metres
2.0
Nil
7.13.3.4
Greater than 7,400.0
square metres to
13,000.0 square metres
3.0
Nil
7.13.3.5
Each additional 7,400.0
square metres or part
thereof in excess of
13,000.0 square metres
1.0
Nil
7.13.4
INDUSTRIAL USES
Loading spaces shall be provided in accordance with the total gross area of all
buildings on a lot as follows:
COLUMN 1
COLUMN 2
COLUMN 3
Use of Building or Lot
Minimum Size
Minimum Size
7.13.4.1
0.0 square metres to
560.0 square metres
Nil
Nil
7.13.4.2
Greater than 560.0
square metres to
2,300.0 square metres
Nil
1.0
7.13.4.3
Greater than 2,300.0
square metres to
7,400.0 square metres
Nil
2.0
7.13.4.4
Greater than 7,400.0
square metres to
14,000.0 square metres
Nil
3.0
7-12
COLUMN 1
COLUMN 2
COLUMN 3
Use of Building or Lot
Minimum Size
Minimum Size
7.13.4.5
Each additional 7,400.0
Nil
1.0
square metres or part
thereof in excess of
14,000.0 square metres
Length: 9.0 m
Length: 18.0 m
Width: 3.7 m
Width: 3.7 m
Height: 4.3 m
Height: 4.3 m
DIMENSIONS
7.14
DIMENSIONS FOR THE DESIGN OF PARKING AREAS
FOR THE
DESIGN OF
7.14.1
The minimum dimensions for the provisions of required parking
PARKING AREAS
spaces and aisle manoeuvring space within any parking area shall
not be less than as follows:
Angle of
Parking
Space
Width of
Parking
Space
Length of
Parking
Space
Required
Manoeuvring Space
Aisle Width
0 degrees
5 degrees
30 degrees
45 degrees
60 degrees
75 degrees
90 degrees
2.5 m
2.5 m
2.7 m
2.7 m
2.7 m
2.7 m
2.7 m
6.7 m
6.7 m
6.0 m
6.0 m
6.0 m
6.0 m
6.0 m
3.7 m
3.7 m
3.7 m
4.5 m
5.5 m
6.0 m
6.0 m
EXCEPTIONS
7.15
EXCEPTIONS
7.15.1
SCHOOLS
Where the required parking space is provided for schools in accordance
with subclause 7.12.4.3, no additional parking space shall be
required to be provided for an auditorium, recreation centre or any
other such place of assembly, which is accessory to the use of the
premises for a school.
7.15.2
OFFSTREET PARKING AND LOADING - DELETED
BY BY-LAW 15-208
1 By-law No. 15-068 March 11, 2015
2By-law 15-208
December 9, 2015
SINGLE-DETACHED
RESIDENTIAL ZONE (R1)
8-1
SINGLE-DETACHED
RESIDENTIAL
ZONE (R1)
SECTION 8: SINGLE-DETACHED RESIDENTIAL ZONE (R1)
PURPOSE
The purpose of this zone is primarily to provide for low density residential
development in the form of single-detached, and semi-detached dwellings,
duplex dwellings, street townhouse dwellings, and the conversion of existing
dwellings to contain up to four dwelling units.4
PERMITTED
8.1
PERMITTED USES
USES
8.1.1
A SINGLE-DETACHED DWELLING
8.1.2
A RETIREMENT HOME
8.1.3
A BED AND BREAKFAST ESTABLISHMENT1
8.1.4.1
ACCESSORY BUILDINGS, STRUCTURES AND USES
8.1.5
(Deleted).2
8.1.6
Urban Farm3
8.1.7
Community Garden3
8.1.8 A Semi-Detached Dwelling4
8.1.9 A Duplex Dwelling4
8.1.10
A Street Townhouse Dwelling4
REGULATIONS
8.2
REGULATIONS FOR SINGLE-DETACHED DWELLINGS
FOR SINGLE-
DETACHED
8.2.1
AREA REQUIREMENTS
DWELLINGS
8.2.1.1
LOT AREA
Minimum
540.0 square metres
8.2.1.2
LOT FRONTAGE
Minimum
18.0 metres
8.2.2
YARD REQUIREMENTS
8.2.2.1
FRONT YARD
Minimum
6.0 metres
8.2.2.2
SIDE YARD
Minimum
1.5 metres, except
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
8-2
1 By-law No. 4306-96
September 4, 1996
2 By-law No. 21-073
May 12, 2021
3 By-law No. 14-275
September 24, 2014 (OPA under appeal)
4 By-law No. 22-192
August 12, 2022
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
8.2.2.3
REAR YARD
Minimum
7.5 metres
8.2.3
HEIGHT
Maximum
10.5 metres
8.2.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
REGULATIONS
8.3
REGULATIONS FOR RETIREMENT HOMES
FOR RETIREMENT
HOMES
8.3.1
AREA REQUIREMENTS
8.3.1.1
LOT AREA
Minimum
540.0 square metres
8.3.1.2
LOT FRONTAGE
Minimum
18.0 metres
8.3.2
YARD REQUIREMENTS
8.3.2.1
FRONT YARD
Minimum
6.0 metres
8.3.2.2
SIDE YARD
Minimum 1.5 metres, except
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
8.3.2.3
REAR YARD
Minimum
7.5 metres
8.3.3
HEIGHT
Maximum
10.5 metres
8.3.4
OUTDOOR AMENITY AREA
A minimum landscaped area of 12 square metres per resident, but
not less than 100 square metres in total, shall be provided and
maintained in the rear or side yard.
8.3.5
MINIMUM DISTANCE SEPARATION
8-3
A Retirement Home shall be situated on a lot having a minimum
radial separation distance of 150 metres measured from the lot line to
the lot line of any other lot occupied or as may be occupied by a
Retirement Home.
8-4
8.3.6
OFF-STREET PARKING AND LOADING (SEE SECTION 7)
8.3.7
ACCOMMODATION
The maximum number of residents shall not exceed 16 persons.
REGULATIONS 8.4
REGULATIONS FOR BED AND BREAKFAST ESTABLISHMENTS2
FOR BED AND
BREAKFAST
8.4.1
LOCATION
ESTABLISHMENTS
A Bed and Breakfast Establishment must be located within the legal
conforming principle dwelling.
8.4.2
PERMITS
An approved Town of Dundas Building Permit must be obtained for
every Bed and Breakfast Establishment.
8.4.3
OFF-STREET PARKING AND LOADING
See Section 7.
REGULATIONS 8.5
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR ACCESSORY
BUILDINGS AND
STRUCTURES
a)
Regulations for accessory structures having a floor area of less than
10 square metres:
LOCATION
Rear yard or non-required side yard.
SETBACK FROM SIDE LOT LINE
Minimum 1.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
1.0 metres
HEIGHT
Maximum
2.0 metres
b)
Regulations for accessory structures having a floor area of between
10 and 18 square metres:
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
LOT COVERAGE
Maximum
5%
2 By-law No. 4306-96
September 4, 1996
8-5
HEIGHT
Maximum 4.0 metres
c)
Regulations for accessory structures having an area greater than 18
square metres:
-
must comply to required yard setbacks and regulations for
principle dwelling.
d)
Regulations for accessory structures on properties where a garage
does not form part of a principle dwelling.
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
Principle dwelling must have minimum side yard, on one side of an
internal lot, of 3.0 metres.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
MAXIMUM SIZE
41 metres square
HEIGHT
Maximum 4.0 metres
REGULATIONS
FOR AN
URBAN FARM
8.6
REGULATIONS FOR AN URBAN FARM1
8.6.1 The use shall comply with the provisions of Section 6.27.
REGULATIONS
FOR A
COMMUNITY
GARDEN
8.7
REGULATIONS FOR A COMMUNITY GARDEN1
8.7.1 The use shall comply with the provisions of Section 6.28.
REGULATIONS
FOR SEMI-
DETACHED
DWELLINGS
8.8
REGULATIONS FOR SEMI-DETACHED DWELLINGS4
8.8.1 The use shall comply with the provisions of Section 10.3 and the
applicable regulations of Section 8.
REGULATIONS
FOR DUPLEX
DWELLINGS
8.9
REGULATIONS FOR DUPLEX DWELLINGS4
8.9.1 The use shall comply with the provisions of Section 10.4 and the
applicable regulations of Section 8.
REGULATIONS
FOR STREET
TOWNHOUSE
DWELLINGS
8.10
REGULATIONS FOR STREET TOWNHOUSE DWELLINGS4
8.10.1 The use shall comply with the provisions of Section 12.4 and the
applicable regulations of Section 8.
REGULATIONS
FOR A
SECONDARY
8.11
REGULATIONS
FOR
SECONDARY
DWELLING
UNITS
AND
SECONDARY DWELLING UNITS - DETACHED2,4
8-6
DWELLING
UNIT
8.11.1 The use shall comply with the provisions of Section 6.313,4
REGULATIONS
FOR
CONVERTED
DWELLINGS
8.12
REGULATIONS FOR CONVERTED DWELLINGS4
8.12.1 Shall comply with the provisions of Section 6.32.
1 By-law No. 14-275 September 24, 2014
2 By-law No. 21-073 May 12, 2021
3 By-law No. 22-134 June 08, 2022
4 By-law No. 22-192 August 12, 2022
SINGLE-DETACHED
RESIDENTIAL ZONE (R2)
9-1
SINGLE-DETACHED
RESIDENTIAL
ZONE (R2) SECTION 9: SINGLE-DETACHED RESIDENTIAL ZONE (R2)
PURPOSE
The purpose of this zone is primarily to provide for low density residential
development in the form of single-detached, and semi-detached dwellings, duplex
dwellings, street townhouse dwellings, and the conversion of existing dwellings to
contain up to four dwelling units.4
PERMITTED
9.1
PERMITTED USES
USES
9.1.1
A SINGLE-DETACHED DWELLING
9.1.2
A RETIREMENT HOME
9.1.3
A BED AND BREAKFAST ESTABLISHMENT1
9.1.4
ACCESSORY BUILDINGS, STRUCTURES AND USES
9.1.5
(Deleted).2
9.1.6
Urban Farm3
9.1.7
Community Garden3
9.1.8
A Semi-Detached Dwelling4
9.1.9
A Duplex Dwelling4
9.1.10 A Street Townhouse Dwelling4
REGULATIONS
9.2
REGULATIONS FOR SINGLE-DETACHED DWELLINGS AND DUPLEX DWELLINGS4
FOR SINGLE-
DETACHED
9.2.1
AREA REQUIREMENTS
DWELLINGS AND
DUPLEX DWELLINGS
9.2.1.1
LOT AREA
Minimum
450.0 square metres
9.2.1.2
LOT FRONTAGE
Minimum
15.0 metres
9.2.2
YARD REQUIREMENTS
9.2.2.1
FRONT YARD
Minimum
6.0 metres
9.2.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to a
parking area or rear yard garage,
9-2
1 By-law No. 4306-96
September 4, 1996
2 By-law No. 21-073 May 12, 2021
3 By-law No. 14-275 September 24, 2014
4 By-law No. 22-192 August 12, 2022
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
9.2.2.3
REAR YARD
Minimum
7.5 metres
9.2.3
HEIGHT
Maximum
10.5 metres
9.2.4
OFF-STREET PARKING AND LOADING
See SECTION 7
REGULATIONS
9.3
REGULATIONS FOR RETIREMENT HOMES
FOR
RETIREMENT
9.3.1
AREA REQUIREMENTS
HOMES
9.3.1.1 LOT AREA
Minimum
450.0 square metres
9.3.1.2 LOT FRONTAGE
Minimum
15.0 metres
9.3.2
YARD REQUIREMENTS
9.3.2.1 FRONT YARD
Minimum
6.0 metres
9.3.2.2 SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the
flankage street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
9.3.2.3 REAR YARD
Minimum
7.5 metres
9.3.3
HEIGHT
Maximum 10.5 metres
9.3.4
OUTDOOR AMENITY AREA
9-3
A minimum landscaped area of 12 square metres per resident, but not
less than 100 square metres in total, shall be provided and maintained in
the rear or side yard.
9.3.5
MINIMUM DISTANCE SEPARATION
A Retirement Home shall be situated on a lot having a minimum radial
separation distance of 150 metres measured from the lot line to the lot
line of any other lot occupied or as may be occupied by a Retirement
Home.
9.3.6
OFF-STREET PARKING AND LOADING
See SECTION 7.
9.3.7
ACCOMMODATION
The maximum number of residents shall not exceed 16 persons.
REGULATIONS
9.4
REGULATIONS FOR BED AND BREAKFAST ESTABLISHMENTS1
FOR BED AND
BREAKFAST
9.4.1
LOCATION
ESTABLISHMENT
A Bed and Breakfast Establishment must be located within the legal
conforming principle dwelling on the lot.
9.4.2
PERMIT
An approved Town of Dundas Building Permit must be obtained for
every Bed and Breakfast Establishment.
9.4.3
OFF-STREET PARKING AND LOADING
See SECTION 7.
REGULATIONS
9.5
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR ACCESSORY
BUILDINGS AND
a)
Regulations for accessory structures having a floor area of less than
STRUCTURES
10square metres:
LOCATION
Rear yard or non-required side yard.
SETBACK FROM SIDE LOT LINE
Minimum 1.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
1.0 metres
HEIGHT
Maximum
2.0 metres
b)
Regulations for accessory structures having a floor area of between 10
and 18 square metres:
LOCATION
Rear yard or non-required side yard
9-4
1 By-law No. 4306-96
September 4, 1996
9-5
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
LOT COVERAGE
Maximum
5%
HEIGHT
Maximum
4.0 metres
c)
Regulations for accessory structures having an area greater than 18
square metres:
-
must comply to required yard setbacks and regulations for
principle dwelling.
d)
Regulations for accessory structures on properties where a garage
does not form part of a principle dwelling.
LOCATION
Rear yard or non-required side yard.
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
Principle dwelling must have minimum side yard, on one side of an
internal lot, of 3.0 metres.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
MAXIMUM SIZE
41 metres square
HEIGHT
Maximum 4.0 metres
REGULATIONS
9.6
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
9.6.1
The use shall comply with the provisions of Section 6.27.
REGULATIONS
9.7
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
9.7.1
The use shall comply with the provisions of Section 6.28.
GARDEN
1 By-law No. 14-275 September 24, 2014
REGULATIONS
FOR SEMI-
DETACHED
DWELLINGS
9.8
REGULATIONS FOR SEMI-DETACHED DWELLINGS1
9.8.1 The use shall comply with the provisions of Section 10.3 and
the applicable regulations of Section 9.
REGULATIONS
FOR STREET
TOWNHOUSE
DWELLINGS
9.9
REGULATIONS FOR STREET TOWNHOUSE DWELLINGS1
9.9.1 The use shall comply with the provisions of Section 12.4 and
the applicable regulations of Section 9.
REGULATIONS
FOR
SECONDARY
DWELLING
UNITS AND
SECONDARY
DWELLING
UNITS -
DETACHED
9.10
REGULATIONS FOR SECONDARY DWELLING UNITS AND
SECONDARY DWELLING UNITS - DETACHED 1,2
9.10.1 Shall comply with the provisions of Section 6.31.3
REGULATIONS
FOR
CONVERTED
DWELLINGS
9.11
REGULATIONS FOR CONVERTED DWELLINGS1
9.11.1 Shall comply with the provisions of Section 6.32.
1 By-law No. 22-192
August 12, 2022
2 By-law No. 21-073
May 12, 2021
3 By-law No. 22-073
June 08, 2022
LOW DENSITY
RESIDENTIAL ZONE (R3)
10-1
LOW DENSITY
RESIDENTIAL
ZONE (R3)
SECTION 10: LOW DENSITY RESIDENTIAL ZONE (R3)
PURPOSE
The purpose of this zone is primarily to provide for low density residential development
in the form of single-detached, semi-detached, duplex dwellings street townhouse
dwellings, and the conversion of existing dwellings to contain up to four dwelling units.4
PERMITTED
10.1 PERMITTED USES
USES
10.1.1
A SINGLE-DETACHED DWELLING
10.1.2
A SEMI-DETACHED DWELLING
10.1.3
A DUPLEX DWELLING
10.1.4
A RETIREMENT HOME
10.1.5
A BED AND BREAKFAST ESTABLISHMENT1
10.1.6
ACCESSORY BUILDINGS, STRUCTURES AND USES
10.1.7
(deleted).2
10.1.8
Urban Farm3
10.1.9
Community Garden3
10.1.10
A STREET TOWNHOUSE DWELLING4
REGULATIONS
10.2 REGULATIONS FOR SINGLE-DETACHED DWELLINGS
FOR SINGLE-
DETACHED
10.2.1
AREA REQUIREMENTS
DWELLINGS
10.2.1.1
LOT AREA
Minimum
450.0 square metres
10.2.1.2
LOT FRONTAGE
Minimum
15.0 metres
10.2.2
YARD REQUIREMENTS
10.2.2.1
FRONT YARD
Minimum
6.0 metres
10.2.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot;
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage;
1 By-law No. 4306-96
September 4, 1996
2 By-law No. 21-073
May 12, 2021
3 By-law No. 14-275
September 24, 2014
4 By-law No. 22-192
August 12, 2022
10-2
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot; and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
10.2.2.3
REAR YARD
Minimum
7.5 metres
10.2.3
HEIGHT
Maximum 10.5 metres
10.2.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
REGULATIONS
10.3 REGULATIONS FOR SEMI-DETACHED DWELLINGS
FOR SEMI-
DETACHED
10.3.1
AREA REQUIREMENTS
DWELLINGS
10.3.1.1
LOT AREA
Minimum
630.0 square metres
10.3.1.2
LOT FRONTAGE
Minimum
21.0 metres
10.3.2
YARD REQUIREMENTS
10.3.2.1
FRONT YARD
Minimum
6.0 metres
10.3.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
10.3.2.3
REAR YARD
Minimum
7.5 metres
10.3.3
HEIGHT
Maximum 10.5 metres
10.3.4
OFF-STREET PARKING AND LOADING
See SECTION 7
10-3
REGULATIONS
10.4 REGULATIONS FOR DUPLEX DWELLINGS
FOR
DUPLEX
10.4.1
AREA REQUIREMENTS
DWELLINGS
10.4.1.1
LOT AREA
Minimum
540.0 square metres
10.4.1.2
LOT FRONTAGE
Minimum
18.0 metres
10.4.2
YARD REQUIREMENTS
10.4.2.1
FRONT YARD
Minimum
6.0 metres
10.4.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
10.4.2.3
REAR YARD
Minimum
7.5 metres
10.4.3
HEIGHT
Maximum 10.5 metres
10.4.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
REGULATIONS
10.5 REGULATIONS FOR RETIREMENT HOMES
FOR
RETIREMENT
10.5.1
AREA REQUIREMENTS
HOMES
10.5.1.1
LOT AREA
Minimum
450.0 square metres
10.5.1.2
LOT FRONTAGE
Minimum
15.0 metres
10.5.2
YARD REQUIREMENTS
10.5.2.1
FRONT YARD
Minimum
6.0 metres
10.5.2.2
SIDE YARD
Minimum
1.2 metres, except
10-4
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
10.5.2.3
REAR YARD
Minimum
7.5 metres
10.5.3
HEIGHT
Maximum 10.5 metres
10.5.4
OUTDOOR AMENITY AREA
A minimum landscaped area of 12 square metres per resident, but
not less than 100 square metres in total, shall be provided and
maintained in the rear or side yard;
10.5.5
MINIMUM DISTANCE SEPARATION
A Retirement Home shall be situated on a lot having a minimum radial
separation distance of 150 metres measured from the lot line to the
lot line of any other lot occupied or as may be occupied by a
Retirement Home;
10.5.6
OFF-STREET PARKING AND LOADING
See SECTION 7.
10.5.7
ACCOMMODATION
The maximum number of residents shall not exceed 16 persons.
REGULATION
10.6 REGULATION FOR BED AND BREAKFAST ESTABLISHMENTS IN A
FOR BED AND
BREAKFAST
SINGLE DETACHED DWELLING1
ESTABLISHMENTS
10.6.1
LOCATION
IN A SINGLE
A Bed and Breakfast Establishment must be located within the legal
DETACHED DWELLING
conforming principle dwelling on the lot.
10.6.2
PERMITS
An approved Town of Dundas Building Permit must be obtained for
every Bed and Breakfast Establishment.
10.6.3
OFF-STREET PARKING AND LOADING
See SECTION 7.
REGULATIONS
10.7 REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR ACCESSORY
BUILDINGS
a)
Regulations for accessory structures having a floor area of less than
STRUCTURES
10 square metres:
LOCATION
Rear yard or non-required side yard.
1 By-law No. 4306-96
September 4, 1996
10-5
SETBACK FROM SIDE LOT LINE
Minimum 1.0 metres, except 3.5 metres from the flankage street of
a corner lot; if front of dwelling faces flankage street, then not closer
to the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
1.0 metres
HEIGHT
Maximum 2.0 metres
b)
Regulations for accessory structures having a floor area of between
10 and 18 square metres:
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of
a corner lot; if front of dwelling faces flankage street, then not closer
to the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
LOT COVERAGE
Maximum
5%
HEIGHT
Maximum
4.0 metres
c)
Regulations for accessory structures having an area greater than 18
square metres:
-
must comply to required yard setbacks and regulations for
principle dwelling.
d)
Regulations for accessory structures on properties where a garage
does not form part of a principle dwelling.
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of
a corner lot; if front of dwelling faces flankage street, then not closer
to the flankage street line than the principle dwelling.
Principle dwelling must have minimum side yard, on one side of an
internal lot, of 3.0 metres.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
MAXIMUM SIZE
41 metres square
HEIGHT
Maximum
4.0 metres.
10-6
REGULATIONS
10.8
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
10.8.1 The use shall comply with the provisions of Section 6.27.
REGULATIONS
10.9
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
10.9.1 The use shall comply with the provisions of Section 6.28.
GARDEN
REGULATIONS
FOR STREET
TOWNHOUSE
DWELLINGS
10.10
REGULATIONS FOR STREET TOWNHOUSE DWELLINGS4
10.10.1 The use shall comply with the provisions of Section 12.4
and the applicable regulations of Section 10.
REGULATIONS 10.11 REGULATIONS FOR A SECONDARY DWELLING UNITS 2,4
FOR A
SECONDARY
10.10.1 The use shall comply with the provisions of Section 6.313
DWELLING
UNIT
REGULATIONS
FOR
CONVERTED
DWELLINGS
10.12
REGULATIONS FOR CONVERTED DWELLINGS4
10.12.1 The use shall comply with the provisions of Section 6.32.
1 By-law No. 14-275 September 24, 2014
2
By-law No. 21-073 May 12, 20213
3
By-law No. 22-134 June 08, 2022
4 By-law No. 22-192 August 12, 2022
LOW DENSITY
RESIDENTIAL ZONE
(R3A)
10A-1
SECTION 10A - LOW DENSITY RESIDENTIAL ZONE (R3A)1
PURPOSE
No person shall within any Low Density Residential (R3A) Zone, use any land, or erect, alter or use any
building or structure, except for such purposes and in accordance with such standards and restrictions as
are permitted by and are in accordance with the following provisions:
10A.1 PERMITTED USES
10A.1.1
A SINGLE DETACHED DWELLING
10A.1.2
ACCESSORY BUILDINGS TO THE FOREGOING PERMITTED USE
10A.1.3
THE OFFICE OF A QUALIFIED MEDICAL PRACTITIONER LOCATED WITHIN
A SINGLE DETACHED DWELLING WHICH SUCH QUALIFIED MEDICAL
PRACTITIONER USES AS HIS PRIVATE RESIDENCE, PROVIDED HOWEVER
THAT:
(i)
The floor area of such office shall not exceed 25% of the floor area of the
dwelling;
(ii)
Such office shall be used only for consultation and emergency or minor
treatment and not as a private clinic or hospital; and
(iii) A minimum of three parking spaces shall be provided and maintained on the
lot containing such office.
10A.1.4
Urban Farm2
10A.1.5
Community Garden2
10A.1.6
A SEMI-DETACHED DWELLING3
10A.1.7
A DUPLEX DWELLING3
10A.1.8
A STREET TOWNHOUSE DWELLING3
10A.2 REGULATIONS FOR SINGLE-DETACHED DWELLINGS
10A.2.1
AREA REQUIREMENTS
10A.2.1.1
LOT AREA
Minimum
464.5 square metres
10A.2.1.2
LOT FRONTAGE
Minimum
15.24 metres
10A.2.1.3
LOT COVERAGE
Maximum
35%
10A.2.2
YARD REQUIREMENTS
10A.2.2.1
FRONT YARD
Minimum
6 metres
10A.2.2.2
SIDE YARD
Minimum
1.2 metres for a dwelling of 2 storeys or fewer,
and 1.8 metres for a dwelling of more than 2
storeys provided however that this may be
reduced to 1.2 metres for a side yard adjacent to
10A-2
an attached garage or attached carport with no
rooms above and located on the same lot
therewith, except that:
1 By-law No. 4577-00 November 6, 2000
2 By-law No. 14-275 September 24, 2014
3 By-law No. 22-192 August 12, 2022
10A-3
(i) the minimum side yard on the flankage
street of a corner lot shall be 3.6 metres,
except that for a dwelling with an attached
private garage or attached carport fronting
such street, the minimum side yard on the
flankage street shall be 6.0 metres, and,
(ii) one of the minimum side yards on an interior
lot on which no private garage or carport is
located shall be 5.0 metres.
10A.2.2.3
REAR YARD
Minimum
7.5 metres
10A.2.2.4
FLOOR AREA
Minimum
(i)
one storey
102 square metres
(ii)
one and a half storey or split level
111 square metres
(iii) two storey or over
120 square metres
10A.2.3
HEIGHT
Maximum 10.6 metres
10A.2.4
PARKING SPACES
Minimum
One (1)
10A.3
REGULATIONS FOR ACCESSORY BUILDINGS
10A.3.1
LOCATION
In rear yard only
10A.3.2
MINIMUM DISTANCE FROM LOT LINE
0.6 metres except that on a corner lot no accessory building shall be located nearer
to the flankage lot line than 6.0 metres, or nearer to the rear LOT LINE than 1.2
metres
10A.3.3
BUILDING HEIGHT
Maximum
4.5 metres.
REGULATIONS
10A.4
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
10A.4.1 The use shall comply with the provisions of Section 6.27.
REGULATIONS
10A.5
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
10A.5.1 The use shall comply with the provisions of Section 6.28.
GARDEN
REGULATIONS
FOR SEMI-
DETACHED
DWELLINGS
10A.6
REGULATIONS FOR SEMI-DETACHED DWELLINGS4
10A.6.1 The use shall comply with the provisions of Section
10.3 and the applicable regulations of Section 10A.
REGULATIONS
FOR DUPLEX
DWELLINGS
10A.7
REGULATIONS FOR DUPLEX DWELLINGS4
10A.7.1 The use shall comply with the provisions of Section
10.4 and the applicable regulations of Section 10A
REGULATIONS
FOR STREET
10A.8
REGULATIONS FOR STREET TOWNHOUSE DWELLINGS4
10A-4
TOWNHOUSE
DWELLINGS
10A.8.1 The use shall comply with the provisions of Section
12.4 and the applicable regulations of Section 10A.
REGULATIONS
FOR
SECONDARY
DWELLING
UNITS AND
SECONDARY
DWELLING
UNITS -
DETACHED
10A.9
REGULATIONS FOR SECONDARY DWELLING UNITS AND
SECONDARY DWELLING UNITS - DETACHED2,4
10A.9.1 Shall comply with the provisions of Section 6.31.3
REGULATIONS
FOR
CONVERTED
DWELLINGS
10A.10
REGULATIONS FOR CONVERTED DWELLINGS4
10A.10.1 Shall comply with the provisions of Section 6.32.
1 By-law No. 14-275 September 24, 2014
2 By-law No. 21-073 May 21, 2021
3 By-law No. 22-134 June 08, 2022
4 By-law No. 22-192 August 12, 2022
LOW DENSITY
RESIDENTIAL ZONE (R4)
11-1
LOW DENSITY
RESIDENTIAL
ZONE (R4)
SECTION 11: LOW DENSITY RESIDENTIAL ZONE (R4)
PURPOSE
The purpose of this zone is primarily to provide for low density residential development in
the form of single-detached, semi-detached, duplex dwellings, street townhouse
dwellings, and the conversion of existing dwellings to contain up to four dwelling units.6
PERMITTED
11.1 PERMITTED USES
USES
11.1.1
A SINGLE-DETACHED DWELLING
11.1.2
A SEMI-DETACHED DWELLING
11.1.3
A DUPLEX DWELLING
11.1.4
(Deleted).5,6
11.1.5
A ROOMING, BOARDING AND LODGING HOUSE1
11.1.6
A GROUP HOME
11.1.7
A RETIREMENT HOME
11.1.8
A BED AND BREAKFAST ESTABLISHMENT2
11.1.9.1
ACCESSORY BUILDINGS, STRUCTURES AND USES
11.1.10
(Deleted).3
11.1.11
Urban Farm4
11.1.12
Community Garden4
11.1.13
A STREET-TOWNHOUSE DWELLING6
REGULATIONS
11.2 REGULATIONS FOR SINGLE-DETACHED DWELLINGS
FOR SINGLE-
DETACHED
11.2.1
AREA REQUIREMENTS
DWELLINGS
11.2.1.1
LOT AREA
Minimum
450.0 square metres
11.2.1.2
LOT FRONTAGE
Minimum
15.0 metres
1 By-law No. 4091-93
June 21, 1993
2 By-law No. 4306-96
September 4, 1996
3 By-law No. 21-073
May 12, 2021
4 By-law No. 14-275
September 24, 2014
5 By-law No. 22-134
June 08, 2022
6 By-law No. 22-192
August 12, 2022
11-2
11.2.2
YARD REQUIREMENTS
11.2.2.1
FRONT YARD
Minimum
6.0 metres
11.2.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
11.2.2.3
REAR YARD
Minimum
7.5 metres
11.2.3
HEIGHT
Maximum
10.5 metres
11.2.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
REGULATIONS
11.3 REGULATIONS FOR SEMI-DETACHED DWELLINGS
FOR SEMI-
DETACHED
11.3.1
AREA REQUIREMENTS
DWELLINGS
11.3.1.1
LOT AREA
Minimum
630.0 square metres
11.3.1.2
LOT FRONTAGE
Minimum
21.0 metres
11.3.2
YARD REQUIREMENTS
11.3.2.1
FRONT YARD
Minimum
6.0 metres
11.3.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
11-3
11.3.2.3
REAR YARD
Minimum
7.5 metres
11.3.3
HEIGHT
Maximum
10.5 metres
11.3.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
REGULATIONS
11.4 REGULATIONS FOR DUPLEX DWELLINGS
FOR DUPLEX
DWELLINGS
11.4.1
AREA REQUIREMENTS
11.4.1.1
LOT AREA
Minimum
540.0 square metres
11.4.1.2
LOT FRONTAGE
Minimum
18.0 metres
11.4.2
YARD REQUIREMENTS
11.4.2.1
FRONT YARD
Minimum
6.0 metres
11.4.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
11.4.2.3 REAR YARD
Minimum
7.5 metres
11.4.3
HEIGHT
Maximum 10.5 metres
11.4.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
REGULATIONS
FOR
CONVERSIONS
11.5
(Deleted).2,3
1 By-law No. 4091-93
June 21, 1993
2 By-law No. 22-134 June 08, 2022
3By-law No. 22-192 August 12, 202
11-4
11-5
REGULATIONS 11.6 REGULATIONS FOR ROOMING, BOARDING, LODGING HOUSES AND
FOR ROOMING,
GROUP HOMES1
BOARDING AND
LODGING HOUSES
11.6.1
AREA REQUIREMENTS
AND GROUP
HOMES1
11.6.1.1
LOT AREA
Minimum
450.0 square metres
11.6.1.2
LOT FRONTAGE
Minimum
15.0 metres
11.6.2
YARD REQUIREMENTS
11.6.2.1
FRONT YARD
Minimum
6.0 metres
11.6.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
11.6.2.3
REAR YARD
Minimum
7.5 metres
11.6.3
HEIGHT
Maximum 10.5 metres
11.6.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
11.6.5
RADIAL SEPARATION DISTANCE
The minimum radial distance between lots upon which a Group Home
may be located shall be 275.0 metres, as measured between the
respective lot lines in closest proximity to each other.
11.6.6
ACCOMMODATION
The maximum number of residents shall not exceed six persons.
1 By-law No. 4091-93
June 21, 1993
11-6
REGULATIONS
11.7 REGULATIONS FOR RETIREMENT HOMES
FOR
RETIRMENT HOMES
11.7.1
AREA REQUIREMENTS
11.7.1.1
LOT AREA
Minimum
450.0 square metres
11.7.1.2
LOT FRONTAGE
Minimum
15.0 metres
11.7.2
YARD REQUIREMENTS
11.7.2.1
FRONT YARD
Minimum
6.0 metres
11.7.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
11.7.2.3
REAR YARD
Minimum
7.5 metres
11.7.3
HEIGHT
Maximum 10.5 metres
11.7.4
OUTDOOR AMENITY AREA
A minimum landscaped area of 12 square metres per resident, but
not less than 100 square metres in total, shall be provided and
maintained in the rear or side yard;
11.7.5
MINIMUM DISTANCE SEPARATION
A Retirement Home shall be situated on a lot having a minimum radial
separation distance of 150 metres measured from the lot line to the
lot line of any other lot occupied or as may be occupied by a
Retirement Home;
ll.7.6
OFF-STREET PARKING AND LOADING
See SECTION 7;
ll.7.7
ACCOMMODATION
The maximum number of residents shall not exceed 16 persons.
11-7
REGULATION
11.8 REGULATIONS FOR BED AND BREAKFAST ESTABLISHMENTS IN A
FOR A BED AND
SINGLE-DETACHED DWELLING
BREAKFAST
ESTABLISHMENT
11.8.1
LOCATION
IN A SINGLE
DETACHED
A Bed and Breakfast Establishment must be located within the legal
DWELLLING
conforming principle dwelling on the lot.
11.8.2
PERMITS
An approved Town of Dundas Building Permit must be obtained for
every Bed and Breakfast Establishment.
11.8.3
OFF-STREET PARKING AND LOADING
See SECTION 7
REGULATIONS
11.9 REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR
ACCESSORY
a)
Regulations for accessory structures having a floor area of less
BUILDINGS AND
than 10 square metres:
STRUCTURES
LOCATION
Rear yard or non-required side yard.
SETBACK FROM SIDE LOT LINE
Minimum 1.0 metres, except 3.5 metres from the flankage street of
a corner lot; if front of dwelling faces flankage street, then not closer
to the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
1.0 metres
HEIGHT
Maximum 2.0 metres
b)
Regulations for accessory structures having a floor area of between
10 and 18 square metres:
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of
a corner lot; if front of dwelling faces flankage street, then not closer
to the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
LOT COVERAGE
Maximum
5%
HEIGHT
Maximum 4.0 metres
11-8
c)
Regulations for accessory structures having an area greater than
18 square metres:
-
must comply to required yard setbacks and regulations for
principle dwelling.
d)
Regulations for accessory structures on properties where a garage
does not form part of a principle dwelling.
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of
a corner lot; if front of dwelling faces flankage street, then not closer
to the flankage street line than the principle dwelling.
Principle dwelling must have minimum side yard, on one side of an
internal lot, of 3.0 metres.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
MAXIMUM SIZE
41 metres square
HEIGHT
Maximum
4.0 metres
REGULATIONS
11.10
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
11.10.1 The use shall comply with the provisions of Section 6.27.
REGULATIONS
11.11
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
11.11.1 The use shall comply with the provisions of Section 6.28.
GARDEN
REGULATIONS
FOR STREET
TOWNHOUSE
DWELLINGS
11.12
REGULATIONS FOR STREET TOWNHOUSE DWELLINGS4
11.12.1 The use shall comply with the provisions of Section 12.4 and
the
applicable regulations of Section 11.
REGULATIONS
FOR
SECONDARY
DWELLING
UNITS AND
SECONDARY
DWELLING
UNITS -
DETACHED
11.13
REGULATIONS FOR SECONDARY DWELLING UNITS AND
SECONDARY DWELLING UNITS - DETACHED2,3,4
11.13.1 Shall comply with the provisions of Section 6.31.
REGULATIONS
FOR
CONVERTED
DWELLINGS
11.14
REGULATIONS FOR CONVERTED DWELLINGS4
11.14.1 Shall comply with the provisions of Section 6.32.
11-9
1 By-law No. 14-275
September 24, 2014
2 By-law No. 21-073
May 12, 2021
3 By-law No. 22-134
June 08, 2022
4 By-law No. 22-192
August 12, 2022
LOW DENSITY
RESIDENTIAL ZONE (R6)
11A-1
SECTION 11A - LOW DENSITY RESIDENTIAL ZONE (R6)1
PURPOSE
No person shall within any Low Density Residential (R6) Zone, use any land or erect, alter or use any
building or structure, except for such purposes and in accordance with such standards and restrictions as
are permitted by and are in accordance with the following provisions:
11A.1 PERMITTED USES
11A.1.1
A SINGLE DETACHED DWELLING
11A.1.2
A SEMI-DETACHED DWELLING
11A.1 .3
ACCESSORY BUILDINGS TO THE FOREGOING PERMITTED USES
11A.1.4
Urban Farm2
11A.1.5
Community Garden2
11A.1.6
A DUPLEX DWELLING3
11A.1.7
A STREET-TOWNHOUSE DWELLING3
11A.2 REGULATIONS FOR SINGLE-DETACHED DWELLINGS
11A.2.1
AREA REQUIREMENTS
11A.2.1.1
LOT AREA
Minimum (interior lot) - 330 square metres
Minimum (corner lot) - 390 square metres
11A.2.1.2
LOT FRONTAGE
Minimum (interior lot) - 11.0 metres
Minimum (corner lot) - 13.0 metres
11A.2.1.3
LOT COVERAGE
Maximum
35%
11A.2.2
YARD REQUIREMENTS
11A.2.2.1
FRONT YARD
Minimum
6.0 metres
11A.2.2.2
SIDE YARD
Minimum
1.2 metres except that:
(i)
the minimum side yard on the flankage
street of a corner lot shall be 3.5 metres
except that for a dwelling with an attached
garage or attached carport fronting such
street, the minimum side yard on the
flankage street shall be 5.5 metres, and
(ii)
the minimum side yards on an interior lot
on which no garage or carport is located shall
be 3.0 metres.
11A.2.2.3
REAR YARD
Minimum
7.5 metres
11A-2
1 By-law No. 4577-00 November 6, 2000
2 By-law No. 14-275 September 24, 2014
3 By-law No. 22-192 August 12, 2022
11A.2.3
FLOOR AREA PER DWELLING UNIT
Minimum
100.0 square metres
11A.2.4
HEIGHT
Maximum
10.5 metres
11A.2.5
NUMBER OF PARK1NG SPACES
Minimum
One (1)
11A.3
REGULATIONS FOR SEMI-DETACHED DWELLINGS
11A.3.1
AREA REQUIREMENTS
11A.3.1.1
LOT AREA
Minimum (interior lot)
Minimum (corner lot)
- 660.0 square metres
- 720.0 square metres
11A.3.1.2
LOT FRONTAGE
Minimum (interior lot)
- 22.0 metres
Minimum (corner lot)
- 24.0 metres
11A.3.1.3
LOT COVERAGE
Maximum
40%
11A.3.2
YARD REQUIREMENTS
11A.3.2.2
FRONT YARD
Minimum
6.0 metres
11A.3.2.3
SIDE YARD
Minimum
1.2 metres except that:
(i)
the minimum side yard on the flankage
street of a corner lot shall be 3.5 metres
except that for a dwelling with an attached
garage or attached carport fronting on such
street, the minimum side yard on the
flankage street shall be 5.5 metres, and,
(ii)
the minimum side yards on an interior lot
on which no garage or carport is located shall
be 3.0 metres.
11A.3.2.4
REAR YARD
Minimum
7.5 metres
11A.3.3
HEIGHT
Maximum
10.5 metres
11A.3.4
FLOOR AREA
Minimum
(per unit)
100.0 square metres
11A.3.5
PARKING SPACES
Minimum
Two (2)
11A-3
11A.4 REGULATIONS FOR ACCESSORY BUILDINGS
11A.4.1
LOCATION
In rear yard only
11A-4
11A.4.2
MINIMUM DISTANCE FROM LOT LINE
1.0 metres except that on a corner lot, no accessory building shall be located
nearer to the flankage lot line than 5.5 metres or nearer to the rear lot line than
1.2 metres.
11A.4.3
BUILDING HEIGHT
Maximum
4.5 metres
REGULATIONS
11A.5
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
11A.5.1 The use shall comply with the provisions of Section 6.27.
REGULATIONS
11A.6
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
11A.6.1 The use shall comply with the provisions of Section 6.28.
GARDEN
REGULATIONS
FOR DUPLEX
DWELLINGS
11A.7
REGULATIONS FOR DUPLEX DWELLINGS 4
11A.7.1 The use shall comply with the provisions of Section 11A.2
and the applicable regulations of Section 11A.
i)
Notwithstanding Section 11A.7.1, Section 11A.2.3
shall not apply.
REGULATIONS
FOR STREET
TOWNHOUSE
DWELLINGS
11A.8
REGULATIONS FOR STREET TOWNHOUSE DWELLINGS 4
11A.8.1 The use shall comply with the provisions of Section 12.4 and
the
applicable regulations of Section 11A.
REGULATIONS
FOR
SECONDARY
DWELLING
UNITS AND
SECONDARY
DWELLING
UNITS -
DETACHED
11A.9
REGULATIONS FOR SECONDARY DWELLING UNITS AND
SECONDARY DWELLING UNITS - DETACHED 2,4
11A.9.1 Shall comply with the provisions of Section 6.31.3
REGULATIONS
FOR
CONVERTED
DWELLINGS
11A.10.
REGULATIONS FOR COVNERTED DWELLINGS 4
11A.10.1 The use shall comply with the provisions of Section 6.32.
1 By-law No. 14-275
September 24, 2014
2 By-law No. 21-073
May 12, 2021
3 By-law No. 22-073
June 08, 2022
4 By-law No. 22-192
August 12, 2022
11A-5
11A-6
LOW TO MEDIUM DENSITY
MULTIPLE DWELLING
ZONE (RM1)
12-1
LOW TO MEDIUM
DENSITY MULTIPLE
DWELLING
ZONE (RM1)1
SECTION 12: LOW TO MEDIUM DENSITY MULTIPLE DWELLING ZONE (RM1)1
PURPOSE
The purpose of this zone is to provide for a variety of family-oriented multiple dwelling
development at a density range which forms a compatible transition between low density
detached and semi-detached residential development, and medium density
apartment development.1
PERMITTED
12.1
PERMITTED USES
USES
12.1.1
AN APARTMENT BUILDING
12.1.2
A MAISONETTE DWELLING
12.1.3
A TOWNHOUSE DWELLING
12.1.4
A STREET TOWNHOUSE DWELLING
12.1.5
GROUP DEVELOPMENT
12.1.6
ACCESSORY BUILDINGS, STRUCTURES AND USES
12.1.7
URBAN FARM2
12.1.8
COMMUNITY GARDEN2
REGULATIONS
12.2
REGULATIONS FOR APARTMENT BUILDINGS
FOR
APARTMENT
12.2.1
AREA REQUIREMENTS
BUILDINGS
12.2.1.1
LOT AREA
Minimum
1380.0 square metres
12.2.1.2
LOT FRONTAGE
Minimum
30.0 metres
12.2.2
YARD REQUIREMENTS
12.2.2.1
FRONT YARD
Minimum
7.5 metres
12.2.2.2
SIDE YARD
Minimum
4.5 metres
12.2.2.3
REAR YARD
Minimum
7.5 metres
12.2.3
HEIGHT
Maximum 10.5 metres
12.2.4
DENSITY
Maximum 50 dwelling units per hectare
1 By-law No. 4091-93
June 21, 1993
2 By-law No. 14-275 September 24, 2014
12-2
12.2.5
FLOOR AREA
The minimum floor area per dwelling unit shall be as follows:
i)
bachelor units 42.0 square metres
ii)
one bedroom units 55.0 square metres
iii)
two or more bedroom units 65.0 square metres
12.2.6
OFF-STREET PARKING AND LOADING
See SECTION 7.
12.2.7
LANDSCAPING REQUIREMENTS
12.2.7.1
LANDSCAPED AREA
Minimum
30 per cent of the site area
shall be landscaped
12.2.7.2
BUFFER STRIP
The
landscaped
area
requirements
contained
in
subclause 12.2.7.1 shall include a buffer strip of not less
than 3.0 metres in width which shall be provided and
maintained adjacent to every portion of any lot line that
abuts any R1, R2, R3, R3A, R4 or R6 Zone.1
REGULATIONS
12.3 REGULATIONS FOR MAISONETTE DWELLINGS AND TOWNHOUSE
FOR
DWELLINGS
MAISONETTE
DWELLINGS AND
12.3.1
AREA REQUIREMENTS
TOWNHOUSE
DWELLINGS
12.3.1.1
LOT FRONTAGE
Minimum 30.0 metres
12.3.2
YARD REQUIREMENTS
12.3.2.1
FRONT YARD
Minimum 6.0 metres2
12.3.2.2
SIDE YARD
Minimum
7.5 metres, except that a
minimum side yard of 3.0
metres may be provided
where
no
window
of
a
habitable room overlooks
such yard and the yard does
not
abut a public
thoroughfare.
12.3.2.3
REAR YARD
Minimum 7.5 metres
12.3.3
HEIGHT
Maximum 10.5 metres
1 By-law No.4577-00
November 6, 2000
2 By-law No.4249-95
October 16, 1995
12-3
12.3.4
DENSITY
12.3.4.1
MAISONETTE DWELLINGS
Maximum - 42 dwelling units per hectare
12.3.4.2
TOWNHOUSE DWELLINGS
Maximum - 37 dwelling units per hectare
12.3.5
OFF-STREET PARKING AND LOADING
See SECTION 7.
12.3.6
LANDSCAPING REQUIREMENTS
12.3.6.1
LANDSCAPED AREA
Minimum
50 per cent of the site area
shall be landscaped
12.3.6.2
BUFFER STRIP
The
landscaped
area
requirements
contained
in
subclause 12.3.6.1 shall include a buffer strip of not less
than 3.0 metres in width which shall be provided and
maintained adjacent to every portion of any lot line that
abuts any R1, R2, R3, R3A, R4 or R6 Zone.1
REGULATIONS
12.4 REGULATIONS FOR STREET TOWNHOUSE DWELLINGS
FOR STREET
TOWNHOUSE
12.4.1
AREA REQUIREMENTS
DWELLINGS
12.4.1.1
LOT AREA
Minimum
180.0
square
metres per
dwelling unit
12.4.1.2
LOT FRONTAGE
Minimum
6.0 metres per dwelling unit
12.4.2
YARD REQUIREMENTS
12.4.2.1
FRONT YARD
Minimum
6.0 metres
12.4.2.2
SIDE YARD
Minimum
7.5 metres, except that a
minimum side yard of 3.0 metres may be provided where
no window of a habitable room overlooks such yard, and
the yard does not abut a public thoroughfare.
12.4.2.3
REAR YARD
Minimum
7.5 metres
12.4.3
HEIGHT
Maximum 10.5 metres
12.4.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
1 By-law No.4577-00
November 6, 2000
12-4
REGULATIONS
12.5 REGULATIONS FOR GROUP DEVELOPMENT
FOR GROUP
DEVELOPMENT
12.5.1
AREA REQUIREMENTS
12.5.1.1
LOT FRONTAGE
Minimum 30.0 metres
12.5.2
YARD REQUIREMENTS
12.5.2.1
FRONT YARD
Minimum 6.0 metres1
12.5.2.2
SIDE YARD
Minimum 7.5 metres, except that a
minimum side yard of 3.0 metres may be provided where
no window of a habitable room overlooks such yard and
the yard does not abut a public thoroughfare.
12.5.2.3
REAR YARD
Minimum 7.5 metres
12.5.3
HEIGHT
Maximum 10.5 metres
12.5.4
DENSITY
Maximum i)
37 dwelling units per hectare.
ii) Notwithstanding i) above, the density may be
increased to a maximum of 42 dwelling units per
hectare, provided that at least one maisonette or
apartment building is contained in the development.
12.5.5
OFF-STREET PARKING AND LOADING
See SECTION 7.
12.5.6
LANDSCAPING REQUIREMENTS
12.5.6.1
LANDSCAPED AREA
Minimum
50 per cent of the site area
shall be landscaped
12.5.6.2
BUFFER STRIP
The
landscaped
area
requirements
contained
in
subclause 12.5.6.1 shall include a buffer strip of not less
than 3.0 metres in width which shall be provided and
maintained adjacent to every portion of any lot line that
abuts any R1, R2, R3 or R4 Zone.
12.5.7
MINIMUM DISTANCE SEPARATION2
i)
Between two exterior side walls, with or without windows to a
habitable room, a minimum of 3.0 metres.
1 By-law No. 4249-95
October 10, 1995
2 By-law No. 4249-95
October 10,1995
12-5
ii)
Between two exterior walls one of which is a side wall and the
other a rear wall, with or without windows to a habitable room,
a minimum of 9.0 metres.
iii)
Between two exterior rear walls, with or without windows to a
habitable room, a minimum of 15.0 metres.
REGULATIONS
12.6 REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR
ACCESSORY
a)
Regulations for accessory structures having a floor area of less than
BUILDINGS AND
10 square metres:
STRUCTURES
LOCATION
Rear yard or non-required side yard.
SETBACK FROM SIDE LOT LINE
Minimum 1.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
1.0 metres
HEIGHT
Maximum 2.0 metres
b)
Regulations for accessory structures having a floor area of between 10
and 18 square metres:
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
LOT COVERAGE
Maximum
5%
HEIGHT
Maximum 4.0 metres
c)
Regulations for accessory structures having an area greater than 18
square metres:
-
must comply to required yard setbacks and regulations for principle
dwelling.
d)
Regulations for accessory structures on properties where a garage
does not form part of a principle dwelling.
LOCATION
Rear yard or non-required side yard.
12-6
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
Principle dwelling must have minimum side yard, on one side of an
internal lot, of 3.0 metres.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
MAXIMUM SIZE
41 metres square
HEIGHT
Maximum 4.0 metres
REGULATIONS
12.7
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
12.7.1 The use shall comply with the provisions of Section 6.27.
REGULATIONS
12.8
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
12.8.1 The use shall comply with the provisions of Section 6.28.
GARDEN
REGULATIONS
FOR
SECONDARY
DWELLING
UNITS AND
SECONDARY
DWELLING
UNITS -
DETACHED
12.9
REGULATIONS FOR SECONDARY DWELLING UNITS AND
SECONDARY DWELLING UNITS - DETACHED 2,4
12.9.1 The use shall comply with the provisions of Section
6.31.3,4
1 By-law No. 14-275
September 24, 2014
2 By-law No. 21-073
May 12, 2021
3 By-law No. 22-073
June 08, 2022
4 By-law No. 22-192
August 12, 2022
12-7
MEDIUM DENSITY
MULTIPLE DWELLING
ZONE (RM2)
13-1
MEDIUM DENSITY
MULTIPLE
DWELLING
ZONE (RM2)1
SECTION 13: MEDIUM DENSITY MULTIPLE DWELLING ZONE (RM2)1
PURPOSE
The purpose of this zone is to provide for medium density residential development in
the form of apartments.
PERMITTED
13.1
PERMITTED USES
USES
13.1.1
AN APARTMENT BUILDING
13.1.2
(Deleted).3
13.1.3
(Deleted).3
13.1.4
URBAN FARM2
13.1.5
COMMUNITY GARDEN2
REGULATIONS 13.2
REGULATIONS FOR APARTMENT BUILDINGS
FOR
APARTMENT
13.2.1
AREA REQUIREMENTS
BUILDINGS
13.2.1.1
LOT AREA
Minimum
1380.0 square metres
13.2.1.2
LOT FRONTAGE
Minimum
30.0 metres
13.2.2
YARD REQUIREMENTS
13.2.2.1
FRONT YARD
Minimum
7.5 metres
13.2.2.2
SIDE YARD
Minimum
4.5 metres
13.2.2.3
REAR YARD
Minimum
7.5 metres
13.2.3
HEIGHT
Maximum
10.5 metres
13.2.4
DENSITY
Maximum
75 dwelling units per hectare
13.2.5
FLOOR AREA
The minimum floor area per dwelling unit shall be as follows:
i)
bachelor units
42.0 square metres
ii)
one bedroom units
55.0 square metres
1 By-law No. 4091-93
June 21, 1993
2 By-law No. 14-275 September 24, 2014
3 By-law No. 22-192 August 12, 2022
13-2
iii)
two or more bedroom units
65.0 square metres
13.2.6
OFF-STREET PARKING AND LOADING
See SECTION 7.
13.2.7
LANDSCAPING REQUIREMENTS
13.2.7.1
LANDSCAPED AREA
Minimum
30 per cent of the site area
shall be landscaped
13.2.7.2
BUFFER STRIP
The
landscaped
area
requirements
contained
in
subclause 13.2.7.1 shall include a buffer strip of not less
than 3.0 metres in width which shall be provided and
maintained adjacent to every portion of any lot line that
abuts any R1, R2, R3, R3A, R4 or R6 Zone.1
REGULATIONS
13.3
REGULATIONS FOR CONVERSIONS UP TO A MAXIMUM OF FOUR (4)
FOR
SEPARATE DWELLING UNITS
CONVERSIONS
13.3.1
GENERAL REQUIREMENTS2
13.3.1.1
STRUCTURAL SUITABILITY
The dwelling must be structurally suitable for the proposed
conversion.
13.3.1.2
CALCULATION OF FLOOR AREA
Only the floor area of the dwelling as it existed prior to
January 1, 1941, shall be used in calculating the minimum
floor area requirement for each dwelling unit to
be converted.
13.3.1.3
OUTSIDE STAIRWAYS
No outside stairway, other than an unenclosed fire escape,
shall be used or erected.
13.3.2
AREA REQUIREMENTS
13.3.2.1
LOT AREA
Minimum
630.0 square metres
13.3.2.2
LOT FRONTAGE
Minimum
18.0 metres
13.3.3
YARD REQUIREMENTS
13.3.3.1
FRONT YARD
Minimum
6.0 metres
13.3.3.2
SIDE YARD
Minimum
1.2 metres, except:
i)
3.5 metres where the side yard abuts the flankage
street of a corner lot,
ii)
3.0 metres where the side yard provides access to
a parking area or rear yard garage,
1 By-law No. 4577-00
November 6, 2000
2 By-law No. 4091-93
June 21, 1993
13-3
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
iv)
5.0 metres on one side of an interior lot upon
which there is no garage or carport.
13.3.3.3
REAR YARD
Minimum
7.5 metres
13.3.4
HEIGHT
Maximum
10.5 metres
13.3.5
FLOOR AREA
Minimum per
60.0 square metres,
dwelling unit
provided that one dwelling
unit is a minimum of
90.0 square metres.
13.3.6
OFF-STREET PARKING AND LOADING
13.3.6.1
One parking space shall be required for the fourth
Dwelling Unit, provided the required parking spaces
which existed on June 08, 2022 for the existing
dwelling, shall continue to be provided and
maintained.2
REGULATIONS
13.4
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR
ACCESSORY
a)
Regulations for accessory structures having a floor area of less than
BUILDINGS
10 square metres:
AND STRUCTURES
LOCATION
Rear yard or non-required side yard.
SETBACK FROM SIDE LOT LINE
Minimum 1.0 metres, except 3.5 metres from the flankage street of
a corner lot; if front of dwelling faces flankage street, then not closer
to the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
1.0 metres
HEIGHT
Maximum 2.0 metres
b)
Regulations for accessory structures having a floor area of between
10 and 18 square metres:
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of
a corner lot; if front of dwelling faces flankage street, then not closer
to the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
13-4
LOT COVERAGE
Maximum 5
13-5
HEIGHT
Maximum 4.0 metres
c)
Regulations for accessory structures having an area greater than 18
square metres:
-
must comply to required yard setbacks and regulations for
principle dwelling.
d)
Regulations for accessory structures on properties where a garage
does not form part of a principle dwelling.
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of
a corner lot; if front of dwelling faces flankage street, then not closer
to the flankage street line than the principle dwelling.
Principle dwelling must have minimum side yard, on one side of an
internal lot, of 3.0 metres.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
MAXIMUM SIZE
41 metres square
HEIGHT
Maximum 4.0 metres
REGULATIONS
13.5
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
13.5.1 The use shall comply with the provisions of Section 6.27.
REGULATIONS
13.6
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
13.6.1 The use shall comply with the provisions of Section 6.28.
GARDEN
1 By-law No. 14-275
September 24, 2014
2 By-law No. 22-134
June 08, 2022
MEDIUM TO HIGH DENSITY
MULTIPLE DWELLING
ZONE (RM3)
14-1
MEDIUM TO HIGH
DENSITY MULTIPLE
MULTIPLE DWELLING
ZONE (RM3)1
SECTION 14: MEDIUM TO HIGH DENSITY MULTIPLE DWELLING ZONE (RM3)
PURPOSE
The purpose of this zone is to provide for high density residential development in the
form of medium rise apartments.
PERMITTED
14.1
PERMITTED USES
USES
14.1.1
AN APARTMENT BUILDING
14.1.2
ACCESSORY BUILDINGS, STRUCTURES AND USES
14.1.3
URBAN FARM2
14.1.4
COMMUNITY GARDEN2
REGULATIONS
14.2
REGULATIONS FOR APARTMENT BUILDINGS
FOR
APARTMENT
14.2.1
AREA REQUIREMENTS
BUILDINGS
14.2.1.1
LOT AREA
Minimum
1380.0 square metres
14.2.1.2
LOT FRONTAGE
Minimum
30.0 metres
14.2.2
YARD REQUIREMENTS
14.2.2.1
FRONT YARD
Minimum
7.5 metres
14.2.2.2
SIDE YARD
Minimum
45 per cent of the building
height
14.2.2.3
REAR YARD
Minimum
7.5 metres
14.2.3
HEIGHT
Maximum
16.5 metres
14.2.4
DENSITY
Maximum
100 dwelling units per hectare
14.2.5
FLOOR AREA
The minimum floor area per dwelling unit shall be as follows:
i)
bachelor units
42.0 square metres
ii)
one bedroom units
55.0 square metres
iii)
two or more bedroom units
65.0 square metres
1 By-law No. 4091-93
June 21, 1993
2 By-law No. 14-275 September 24, 2014
14-2
14.2.6
OFF-STREET PARKING AND LOADING
See SECTION 7.
14.2.7
LANDSCAPING REQUIREMENTS
14.2.7.1
LANDSCAPED AREA
Minimum
30 per cent of the site area
shall be landscaped
14.2.7.2
BUFFER STRIP
The
landscaped
area
requirements
contained
in
subclause 14.2.7.1 shall include a buffer strip of not less
than 3.0 metres in width which shall be provided and
maintained adjacent to every portion of any lot line that
abuts any R1, R2, R3, R3A, R4 or R6 Zone.1
REGULATIONS
14.3
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR
ACCESSORY
a)
Regulations for accessory structures having a floor area of less than
BUILDINGS
square metres:
AND STRUCTURES
STRUCTURES
LOCATION
Rear yard or non-required side yard.
SETBACK FROM SIDE LOT LINE
Minimum 1.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
1.0 metres
HEIGHT
Maximum 2.0 metres
b)
Regulations for accessory structures having a floor area of between 10
and 18 square metres:
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
LOT COVERAGE
Maximum
5%
HEIGHT
Maximum 4.0 metres
1 By-law No. 4577-00
November 6, 2000
14-3
c)
Regulations for accessory structures having an area greater than 18
square metres:
-
must comply to required yard setbacks and regulations for principle
dwelling.
d)
Regulations for accessory structures on properties where a garage
does not form part of a principle dwelling.
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
Principle dwelling must have minimum side yard, on one side of an
internal lot, of 3.0 metres.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
MAXIMUM SIZE
41 metres square
HEIGHT
Maximum 4.0 metres
REGULATIONS
14.4
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
14.4.1 The use shall comply with the provisions of Section 6.27.
REGULATIONS
14.5
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
14.5.1 The use shall comply with the provisions of Section 6.28.
GARDEN
1 By-law No. 14-275 September 24, 2014
HIGH DENSITY
MULTIPLE DWELLING
ZONE (RM4)
15-1
HIGH DENSITY
MULTIPLE
DWELLING
ZONE (RM4)
SECTION 15: HIGH DENSITY MULTIPLE DWELLING ZONE (RM4)
PURPOSE
The purpose of this zone is to provide for high density residential development in the
form of apartments.
PERMITTED
15.1
PERMITTED USES
USES
15.1.1
AN APARTMENT BUILDING
15.1.2
ACCESSORY BUILDINGS, STRUCTURES AND USES
15.1.3
URBAN FARM1
15.1.4
COMMUNITY GARDEN1
REGULATIONS
15.2
REGULATIONS FOR APARTMENT BUILDINGS
FOR
APARTMENT
15.2.1
AREA REQUIREMENTS
BUILDINGS
15.2.1.1
LOT AREA
Minimum
1380.0 square metres
15.2.1.2
LOT FRONTAGE
Minimum
30.0 metres
15.2.2
YARD REQUIREMENTS
15.2.2.1
FRONT YARD
Minimum
7.5 metres
15.2.2.2
SIDE YARD
Minimum
40 per cent of the building
height
15.2.2.3
REAR YARD
Minimum
7.5 metres
15.2.3
HEIGHT
Maximum
16.5 metres
15.2.4
DENSITY
Maximum
125 dwelling units per hectare
15.2.5
FLOOR AREA
The minimum floor area per dwelling unit shall be as follows:
i)
bachelor units
42.0 square metres
ii)
one bedroom units
55.0 square metres
iii)
two or more
bedroom units
65.0 square metres
1 By-law No. 14-275 September 24, 2014
15-2
15.2.6
OFF-STREET PARKING AND LOADING
See SECTION 7.
15.2.7
LANDSCAPING REQUIREMENTS
15.2.7.1
LANDSCAPED AREA
Minimum
30 per cent of the site area
shall be landscaped
15.2.7.2
BUFFER STRIP
The
landscaped
area
requirements
contained
in
subclause 15.2.7.1 shall include a buffer strip of not less
than 3.0 metres in width which shall be provided and
maintained adjacent to every portion of any lot line that
abuts any R1, R2, R3, R3A, R4 or R6 Zone.1
REGULATIONS
15.3
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR
ACCESSORY
a)
Regulations for accessory structures having a floor area of less than
BUILDINGS
10 square metres:
AND STRUCTURES
LOCATION
Rear yard or non-required side yard.
SETBACK FROM SIDE LOT LINE
Minimum 1.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
1.0 metres
HEIGHT
Maximum 2.0 metres
b)
Regulations for accessory structures having a floor area of between 10
and 18 square metres:
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
LOT COVERAGE
Maximum
5%
HEIGHT
Maximum 4.0 metres
1 By-law No. 4577-00
November 6, 2000
15-3
c)
Regulations for accessory structures having an area greater than 18
square metres:
-
must comply to required yard setbacks and regulations for
principle dwelling.
d)
Regulations for accessory structures on properties where a garage
does not form part of a principle dwelling.
LOCATION
Rear yard or non-required side yard
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of a
corner lot; if front of dwelling faces flankage street, then not closer to
the flankage street line than the principle dwelling.
Principle dwelling must have minimum side yard, on one side of an
internal lot, of 3.0 metres.
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
MAXIMUM SIZE
41 metres square
HEIGHT
Maximum 4.0 metres
REGULATIONS
15.4
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
15.4.1 The use shall comply with the provisions of Section 6.27.
REGULATIONS
15.5
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
15.5.1 The use shall comply with the provisions of Section 6.28.
GARDEN
1 By-law No. 14-275 September 24, 2014
RESIDENTIAL AND
COMMERCIAL
CONVERSION
ZONE (R.C.C.)
15A-1
RESIDENTIAL AND
COMMERCIAL
CONVERSION
ZONE (R.C.C.)
SECTION 15A: RESIDENTIAL AND COMMERCIAL CONVERSION ZONE (R.C.C.)
PURPOSE
The purpose of this zone is to provide for residential development and the conversion
of existing residential uses to office and service commercial-type uses.
PERMITTED
15A.1 PERMITTED USES
USES
15A.1.1
A SINGLE DETACHED DWELLING
15A.1.2
A SEMI-DETACHED DWELLING
15A.1.3
A DUPLEX DWELLING
15A.1.4
(Deleted).1,2
15A.1.5
(Deleted).2
15A.1.6
COMMERCIAL CONVERSIONS WITHIN EXISTING
BUILDINGS, INCLUDING:
15A.1.6.1
Studio for the production and selling of artworks
and handicrafts such as jewellery, painting,
macrame, ceramics, stained glass and other
similar items.
15A.1.6.2
Accounting and bookkeeping services
15A.1.6.3
Offices of lawyers and notaries
15A.1.6.4
Business associations
15A.1.6.5
Professional membership associations
15A.1.6.6
Labour organizations
15A.1.6.7
Civic and fraternal organizations
15A.1.6.8
Photographers
15A.1.6.9
Insurance and Real Estate Agent Industries
15A.1.6.10
Offices of Physicians, Surgeons and Dentists'
Private Practice
15A.1.6.11
Offices of the Health Practitioners
15A.1.6.12
Offices of Social Services Practitioners
15A.1.6.13 Child Care Centres
15A.1.6.14
Religious Organizations
1 By-law No. 22-134
June 08, 2022
2 By-law No. 22-192
August 12, 2022
15A-2
15A.1.7
ACCESSORY BUILDINGS AND STRUCTURES AND USES
15A.1.8
(Deleted)t.1
15A.1.9
URBAN FARM2
15A.1.10
COMMUNITY GARDEN2
REGULATIONS
15A.2 REGULATIONS FOR SINGLE DETACHED DWELLINGS
FOR SINGLE
DETACHED
15A.2.1
AREA REQUIREMENTS
DWELLINGS
15A.2.1.1
LOT AREA
Minimum - 450.0 square metres
15A.2.1.2
LOT FRONTAGE
Minimum - 15.0 metres
15A.2.2
YARD REQUIREMENTS
15A.2.2.1
FRONT YARD
Minimum - 6.0 metres
15A.2.2.2
SIDE YARD
Minimum - 1.2 metres, except:
i)
3.5 metres where the side yard abuts the
flankage street of a corner lot;
ii)
3.0 metres where the side yard provides
access to a parking area or rear yard
garage;
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport
fronting onto the flankage street of a
corner lot; and,
iv)
5.0 metres on one side of an interior lot
upon which there is no garage or carport.
15A.2.2.3
REAR YARD
Minimum - 7.5 metres
15A.2.3
HEIGHT
Maximum
10.5 metres
15A.2.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
1 By-law No. 21-073
May 12, 2021
2 By-law No. 14-275
September 24, 2014
15A-3
REGULATIONS
15A.3 REGULATIONS FOR SEMI-DETACHED DWELLINGS
FOR SEMI-
DETACHED
15A.3.1
AREA REQUIREMENTS
DWELLINGS
15A.3.1.1
LOT AREA
Minimum - 630.0 square metres
15A.3.1.2
LOT FRONTAGE
Minimum - 21.0 metres
15A.3.2
YARD REQUIREMENTS
15A.3.2.1
FRONT YARD
Minimum
6.0 metres
15A.3.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the
flankage street of a corner lot;
ii)
3.0 metres where the side yard provides
access to a parking area or rear yard
garage;
iii) 6.0 metres for that portion of the dwelling
comprising an attached garage or carport
fronting onto the flankage street of a corner
lot; and,
iv) 5.0 metres on one side of an interior lot
upon which there is no garage or carport.
15A.3.2.3
REAR YARD
Minimum - 7.5 metres
15A.3.3
HEIGHT
Maximum
10.5 metres
15A.3.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
REGULATIONS
15A.4 REGULATIONS FOR DUPLEX DWELLINGS
FOR DUPLEX
DWELLINGS
15A.4.1
AREA REQUIREMENTS
15A.4.1.1
LOT AREA
Minimum - 540.0 square metres
15A.4.1.2
LOT FRONTAGE
Minimum - 18.0 metres
15A.4.2
YARD REQUIREMENTS
15A.4.2.1
FRONT YARD
Minimum - 6.0 metres
15A-4
15A.4.2.2
SIDE YARD
Minimum 1.2 metres, except
i)
3.5 metres where the side yard abuts the
flankage street of a corner lot;
ii) 3.0 metres where the side yard provides
access to a parking area or rear yard
garage;
iii) 6.0 metres for that portion of the dwelling
comprising an attached garage or carport
fronting onto the flankage street of a corner
lot; and,
iv) 5.0 metres on one side of an interior lot
upon which there is no garage or carport.
15A.4.2.3
REAR YARD
Minimum
7.5 metres
15A.4.3
HEIGHT
Maximum
10.5 metres
15A.4.4
OFF-STREET PARKING AND LOADING
See SECTION 7
REGULATIONS
15A.5 REGULATIONS FOR CONVERSIONS, GREATER THAN TWO UP TO A
FOR
MAXIMUM OF FOUR (4) SEPARATE DWELLING UNITS2
CONVERSIONS
15A.5.1
GENERAL REQUIREMENTS1
15A.5.1.1
STRUCTURAL SUITABILITY
The dwelling must be structurally suitable for the
proposed conversion.
15A.5.1.2
CALCULATION OF FLOOR AREA
Only the floor area of the dwelling as it existed
prior to January 1, 1941 shall be used in
calculating the minimum floor area requirement
for each dwelling unit to be converted.
15A.5.1.3
OUTSIDE STAIRWAYS
No outside stairway, other than an unenclosed fire
escape, shall be used or erected.
15A.5.2
AREA REQUIREMENTS
15A.5.2.1
LOT AREA
Minimum 630.0 square metres
15A.5.2.2
LOT FRONTAGE
Minimum 18.0 metres
1 By-law No. 4091-93
June 21, 1993
2 By-law No. 22-134
June 08, 2022
15A-5
15A.5.3
YARD REQUIREMENTS
15A.5.3.1
FRONT YARD
Minimum - 6.0 metres
15A.5.3.2
SIDE YARD
Minimum - 1.2 metres, except
i)
3.5 metres where the side yard abuts the
flankage street of a corner lot;
ii)
3.0 metres where the side yard provides
access to a parking area or rear yard
garage;
iii) 6.0 metres for that portion of the dwelling
comprising an attached garage or carport
fronting onto the flankage street of a corner
lot; and
iv) 5.0 metres on one side of an interior lot
upon which there is no garage or carport.
15A.5.3.3
REAR YARD
Minimum 7.5 metres
15A.5.4
HEIGHT
Maximum
10.5 metres
15A.5.5
FLOOR AREA
Minimum per dwelling unit:
60 square metres, provided that
one dwelling unit is a minimum of
90.0 square metres.
15A.5.6
OFF-STREET PARKING AND LOADING
15A.5.6.1 One parking space shall be required for the fourth
Dwelling Unit of a conversion, provided the required
parking spaces which existed on June 08, 2022 for
the existing dwelling shall continue to be provided and
maintained
i)
In addition to 15A.5.6.1, on a lot containing a
Secondary Dwelling Unit - Detached, one
parking space shall be required for the third
Dwelling Unit of a conversion. 1
15A.5.7
DWELLING UNITS ON A LOT1
In conjunction with Section 15A.11 - Regulations for a Secondary
Dwelling Unit, no more than four Dwelling Units shall be permitted
on a lot.
1 By-law No. 22-134
June 08, 2022
REGULATIONS
15A.6 REGULATIONS FOR LODGING HOUSES AND GROUP HOMES
15A-6
FOR LODGING
HOUSES AND
15A.6.1
AREA REQUIREMENTS
GROUP HOMES
15A.6.1.1.
LOT AREA
Minimum450.0 square metres
15A.6.1.2
LOT FRONTAGE
Minimum 15.0 metres
15A.6.2
YARD REQUIREMENTS
15A.6.2.1
FRONT YARD
Minimum 6.0 metres
15A.6.2.2
SIDE YARD
Minimum 1.2 metres, except
i)
3.5 metres where the side yard abuts the
flankage street of a corner lot.
15A-7
ii)
3.0 metres where the side yard provides
access to a parking area or rear yard
garage;
iii) 6.0 metres for that portion of the dwelling
comprising an attached garage or carport
fronting onto the flankage street of a corner
lot; and,
iv) 5.0 metres on one side of an interior lot
upon which there is no garage or carport.
15A.6.2.3
REAR YARD
Minimum - 7.5 metres
15A.6.3
HEIGHT
Maximum
10.5 metres
15A.6.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
15A.6.5
RADIAL SEPARATION DISTANCE
The minimum radial distance between lots upon which a Group
Home may be located shall be 275.0 metres as measured between
the respective lot lines in closest proximity to each other.
15A.6.6
ACCOMMODATION
The maximum number of residents shall not exceed six persons.
REGULATIONS
FOR
15A.7 REGULATIONS FOR COMMERCIAL CONVERSIONS IN EXISTING
COMMERCIAL
BUILDINGS
CONVERSIONS IN
EXISTING
15A.7.1
Existing at the time of passing the Zoning By-law.
BUILDINGS
REGULATIONS
15A.8 REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR ACCESSORY
BUILDINGS AND
STRUCTURES
15A.8.1
LOCATION
Rear yard or a non-required side yard.
15A.8.2
SETBACK FROM SIDE LOT LINE
Minimum -1.0 metres, except 6.0 metres from the flankage street
of a corner lot.
15A.8.3
SETBACK FROM REAR LOT LINE
Minimum - 1.0 metres
15A.8.4
LOT COVERAGE
Maximum for Buildings - An area equal to 30 percent of the rear
yard.
15A.8.5
HEIGHT
Maximum - 4.5 metres.
15A-8
REGULATIONS
15A.9
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
15A.9.1
The use shall comply with the provisions of Section 6.27.
REGULATIONS
15A.10 REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
15A.10.1 The use shall comply with the provisions of Section 6.28.
GARDEN
REGULATIONS
FOR
SECONDARY
DWELLING
UNITS AND
SECONDARY
DWELLING
UNITS -
DETACHED
15A.11
REGULATIONS FOR SECONDARY DWELLING UNITS AND
SECONDARY DWELLING UNITS - DETACHED 2,4
15A.11.1 Shall comply with the provisions of Section 6.31. 3
REGULATIONS
FOR
CONVERTED
DWELLINGS
15A.12
REGULATIONS FOR CONVERTED DWELLINGS 4
15A.12.1 Shall comply with the provisions of Section 6.32.
1 By-law No. 14-275
September 24, 2014
2 By-law No. 21-073
May 12, 2021
3 By-law No. 22-134
June 08, 2021
4 By-law No. 22-192
August 12, 2022
SINGLE DETACHED
RESIDENTIAL ZONE:
CROSS-MELVILLE
HERITAGE DISTRICT (RH-1)
15B-1
SINGLE DETACHED
RESIDENTIAL ZONE:
CROSS-MELVILLE
HERITAGE DISTRICT
(RH-1)
SECTION 15B:
SINGLE DETACHED RESIDENTIAL ZONE: CROSS-
MELVILLE HERITAGE DISTRICT (RH-1)1
PURPOSE
The purpose of this zone is to provide for low-density residential development
within the context and character of the Cross-Melville Heritage District.5
15B.1 PERMITTED USES
15B.1.1
A SINGLE DETACHED DWELLING
15B.1.2
A BED AND BREAKFAST ESTABLISHMENT in a single
detached dwelling existing on September 4, 1996.2
15B.1.3
(Deleted). 3
15B.1.4
ACCESSORY BUILDINGS, STRUCTURES AND USES
15B.1.5
A SEMI-DETACHED DWELLING 5
15B.1.6
A DUPLEX DWELLING 5
15B.1.7
A STREET TOWNHOUSE DWELLING 5
15B.2 REGULATIONS FOR SINGLE DETACHED AND
DUPLEX DWELLINGS5
15B.2.1
AREA REQUIREMENTS
15B2.1.1
LOT AREA
Minimum
1400.0 square metres
15B2.1.2
LOT FRONTAGE
Minimum
21 metres
15B.2.2
YARD REQUIREMENTS
15B2.2.1
FRONT YARD
Minimum
3.0 metres
15B2.2.2
SIDE YARD
Minimum
1.2 metres except
i)
3.5 metres where the side yard abuts the
flankage street off a corner lot,
ii)
3.0 metres where the side yard provides
access to parking area, rear yard garage, or
is utilized as the parking area.
15B2.2.3 3
REAR YARD
Minimum 7.5 metres
1 By-law No. 4280-96 May 6, 1996
2 By-law No. 4482-99
May 17, 1999
3 By-law No. 21-073
May 12, 2021
4 By-law No. 22-134
June 08, 2022
15B-2
5 By-law No. 22-192 August 12, 2022
15B-3
15B.2.3
HEIGHT
Maximum - 10.5 metres
15B.2.4
OFF-STREET PARKING AND LOADING
See SECTION 7
15B.3 REGULATIONS FOR BED AND BREAKFAST ESTABLISHMENTS IN AN
EXISTING SINGLE DETACHED DWELLING 1
15B.3.14
LOCATION
A Bed and Breakfast Establishment must be located within the
legal conforming principle dwelling on the lot.
15B.3.2
4
PERMITS
An approved Town of Dundas Building Permit must be obtained
for every Bed and Breakfast Establishment.
15B.3 REGULATIONS FOR BED AND BREAKFAST ESTABLISHMENTS IN
ANEXISTING SINGLE DETACHED DWELLING2
15B.3.34
OFF-STREET PARKING AND LOADING
See SECTION 7
15B.4 REGULATIONS FOR ACCESSORY STRUCTURES AND BUILDINGS 3
a) Regulations for accessory structure having a floor area of less than 10
square metres
LOCATION
Rear yard or non-required side yard
SETBACK FORM SIDE LOT LINE
Minimum 1.0 metres, except 3.0 metres from the flankage street of a corner
lot if the front of the dwelling faces flankage street, then not closer to the
flankage street line than the principle dwelling.
SETBACK FROM REAR LOT LINE
Minimum
1.0 metres
HEIGHT
Maximum 2.0 metres
b) Regulations for accessory structures having a floor area between 10 and
28 square metres
LOCATION
Rear yard or non-required side yard.
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.5 metres from the flankage street of a corner
lot; if front of dwelling faces flankage street, then not closer to the flankage
street line than the principle dwelling.
1 By-law No. 4306-96
September 4, 1996
2 By-law No. 4306-96
September 4, 1996
3 By-law No. 4280-96
May 6, 1996
4 By-law No. 22-134
June 08, 2022
15B-4
15B.4 REGULATIONS FOR ACCESSORY STRUCTURES AND BUILDINGS 1
SETBACK FROM REAR LOT LINE
Minimum
2.0 metres
HEIGHT
Maximum 4.0 metres
c) Regulations for accessory structures having an area greater than 18
square metres:
*
Must comply to the required yard setbacks and regulations for
principle dwelling
d) Regulations for accessory structures on properties where a garage does
not form part of a principle dwelling:
LOCATION
Rear yard or non-required side yard.
SETBACK FROM SIDE LOT LINE
Minimum 2.0 metres, except 3.0 metres from the flankage street of a corner
lot; if front of dwelling faces flankage street, then not closer to the flankage
street line than the principle dwelling.
Principle dwelling must have a minimum side yard, on one side of an internal
lot, of 3.0 metres.
SETBACK FROM THE REAR LOT LINE
Minimum
2.0 metres
MAXIMUM SIZE
42 square metres
HEIGHT2
Maximum 4.0 metres
REGULATIONS
FOR SEMI-
DETACHED
DWELLINGS
15B.7
REGULATIONS FOR SEMI-DETACHED DWELLINGS 4
15B.5.1 The use shall comply with the provisions of Section 10.3 and the
applicable regulations of Section 15B.
REGULATIONS
FOR STREET
TOWNHOUSE
DWELLINGS
15B.6
REGULATIONS FOR STREET TOWNHOUSE DWELLINGS 4
15B.6.1 The use shall comply with the provisions of Section 12.4 and
the applicable regulations of Section 15B.
REGULATIONS
FOR
SECONDARY
DWELLING
UNTIS AND
SECONDARY
DWELLING
UNITS -
DETACHED
15B.7
REGULATIONS FOR SECONDARY DWELLING UNITS AND
SECONDARY DWELLING UNITS - DETACHED 3,4
15B.7.1 Shall comply with the provisions of Section 6.31.
REGULATIONS
FOR
CONVERTED
DWELLINGS
15B.8
REGULATIONS FOR CONVERTED DWELLINGS 4
15B.8.1 The use shall comply with the provisions of Section 6.32.
15B-5
1 By-law No. 4280-96
May 6, 1996
2 By-law No. 15-068 March 11, 2015
3 By-law No. 21-073
May 12, 2021
4 By-law No. 22-192
August 12, 2022
NEIGHBOURHOOD
COMMERCIAL ZONE (C.N.)
16-1
NEIGHBOURHOOD
COMMERCIAL
ZONE (C.N)
SECTION 16: NEIGHBOURHOOD COMMERCIAL ZONE (C.N.)
PURPOSE
The purpose of this zone is to provide for neighbourhood oriented retail commercial
and personal service uses located individually or collectively on a site, and designed
primarily to serve the day to day convenience needs of residents living within walking
distance.
PERMITTED
16.1
PERMITTED USES
USES
See SECTION 20, "USES PERMITTED IN COMMERCIAL ZONES".
REGULATIONS
16.2
REGULATIONS FOR COMMERCIAL USES
FOR
COMMERCIAL
16.2.1
AREA REQUIREMENTS
USES
16.2.1.1
SITE AREA
Maximum 2000.0 square metres
16.2.2
YARD REQUIREMENTS
16.2.2.1
Minimum 7.5 metres from any street line.
16.2.2.2
Minimum 7.5 metres from the property line of any
RU/S-58, R1, R2, R3, R3A, R4, R6, RM1, RM2,
RM3, RM4, OS, PR1, PPS, RU, U, UR, SP1 or
SP2 Zone.1
16.2.2.3
Minimum 3.0 metres from the property line of any
R.C.C., C.N, C.SC, C.A.C, C.H, I.L, I.G, or I.LS
Zone.
16.2.3
FLOOR AREA
The maximum gross floor area of any one store shall not exceed
230.0 square metres.
16.2.4
HEIGHT
Maximum
10.5 metres
16.2.5
OFF-STREET PARKING AND LOADING
See SECTION 7.
16.2.6
LANDSCAPE REQUIREMENTS
See Subsection 6.11.
REGULATIONS
16.3
REGULATIONS FOR APARTMENTS IN COMMERCIAL BUILDINGS
FOR APARTMENTS
IN COMMERCIAL
16.3.1
LOCATION
BUILDINGS
No residential use or part thereof shall be located:
i)
within the first storey of any building or below a
commercial use; or
1 By-law No. 4577-00
November 6, 2000
16-2
ii)
on the same floor as a commercial use, except in such a
manner as will completely segregate from any commercial
use pedestrian movement to and from any residential use.
16.3.2
FLOOR AREA
Minimum
65.0 square metres per dwelling unit
16.3.3
GROSS FLOOR AREA
The gross floor area for residential uses shall not exceed the
gross floor area for commercial uses provided at grade.
16.3.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
REGULATIONS
16.4
REGULATIONS FOR RETIREMENT HOMES
FOR
RETIREMENT
16.4.1
AREA REQUIREMENTS
HOMES
16.4.1.1.
LOT AREA
Minimum
450.0 square metres
16.4.1.2
LOT FRONTAGE
Minimum
15.0 metres
16.4.2
YARD REQUIREMENTS
16.4.2.1
FRONT YARD
Minimum
6.0 metres
16.4.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the
flankage street of a corner lot,
ii) 3.0 metres where the side yard provides
access to a parking area or rear yard garage,
iii) 6.0 metres for that portion of the dwelling
comprising an attached garage or carport
fronting onto the flankage street of a corner
lot, and
iv) 5.0 metres on one side of an interior lot upon
which there is no garage or carport.
16.4.2.3
REAR YARD
Minimum
7.5 metres
16.4.3
HEIGHT
Maximum
10.5 metres
16.4.4
OUTDOOR AMENITY AREA
A minimum landscaped area of 12 square metres per resident, but
not less than 100 square metres in total, shall be provided and
maintained in the rear or side yard.
16-3
16.4.5
MINIMUM DISTANCE SEPARATION
A Retirement Home shall be situated on a lot having a minimum
radial separation distance of 150 metres measured from the lot line
to the lot line of any other lot occupied or as may be
occupied by a Retirement Home.
16.4.6
OFF-STREET PARKING AND LOADING
See SECTION 7.
16.4.7
ACCOMMODATION
The maximum number of residents shall not exceed 16 persons.
REGULATIONS
16.5
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR
ACCESSORY
16.5.1
LOCATION
BUILDINGS AND
Any yard except for a required yard abutting a street line.
STRUCTURES
16.5.2
SETBACK FROM LOT LINES
Minimum
1.5 metres
16.5.3
HEIGHT
Maximum
4.5 metres
DISTRICT SHOPPING
CENTRE ZONE (C.SC)
17-1
DISTRICT
SHOPPING
CENTRE
ZONE (C.SC)
SECTION 17: DISTRICT SHOPPING CENTRE ZONE (C.SC)
PURPOSE
The purpose of this zone is to provide for a wide variety of retail commercial
and personal service uses located collectively on a site.
PERMITTED
17.1
PERMITTED USES
USES
See SECTION 20, "USES PERMITTED IN COMMERCIAL ZONES".
REGULATIONS
17.2
REGULATIONS FOR COMMERCIAL USES
FOR
COMMERCIAL
17.2.1
YARD REQUIREMENTS
USES
17.2.1.1
Minimum 7.5 metres from any street line.
17.2.1.2
Minimum 7.5 metres from the property line of
any R1, R2, R3, R3A, R4, R6, RM1, RM2, RM3,
RM4, OS, PR1, PPS, U, UR, SP1 or SP2 Zone.1
17.2.1.3
Minimum 3.0 metres from the property line of
any R.C.C., C.N, C.SC, C.A.C, C.H, I.L, I.G, or
I.LS Zone.
17.2.2
HEIGHT
Maximum
15.0 metres
17.2.3
OFF-STREET PARKING AND LOADING
See SECTION 7.
17.2.4
LANDSCAPE REQUIREMENTS
See Subsection 6.11.
REGULATIONS
17.3
REGULATIONS FOR GASOLINE SERVICE STATIONS
FOR GASOLINE
SERVICE STATIONS
17.3.1
AREA REQUIREMENTS
17.3.1.1
LOT FRONTAGE
Minimum
46.0 metres
17.3.1.2
LOT DEPTH
Minimum
30.0 metres
17.3.2
YARD REQUIREMENTS
17.3.2.1
FRONT YARD
Minimum
12.0 metres
1 By-law No. 4577-00
November 6, 2000
17-2
17.3.2.2
SIDE YARD
Minimum
7.5 metres, except for a
corner lot the minimum
side yard on the flankage
street shall be 12.0 metres
17.3.2.3
REAR YARD
Minimum 7.5 metres
17.3.3
HEIGHT
Maximum
10.5 metres
17.3.4
SETBACKS FOR CERTAIN STRUCTURES
Light standards, signs, fuel pump islands and canopies, and fuel
pumps may be erected and used in any required yard provided that
such structures shall not be located closer than 4.5 metres to
any lot line abutting a public thoroughfare. For the purposes of
this clause, no part of a required visibility triangle shall be
considered as part of a required yard.
17.3.5
OFF-STREET PARKING AND LOADING
See SECTION 7.
17.3.6
LANDSCAPE REQUIREMENTS
See Subsection 6.11.
REGULATIONS
17.4
REGULATIONS FOR RETIREMENT HOMES
FOR
RETIREMENT
17.4.1
AREA REQUIREMENTS
HOMES
17.4.1.1
LOT AREA
Minimum
450.0 square metres
17.4.1.2
LOT FRONTAGE
Minimum
15.0 metres
17.4.2
YARD REQUIREMENTS
17.4.2.1
FRONT YARD
Minimum 6.0 metres
17.4.2.2
SIDE YARD
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the
flankage street of a corner lot,
ii) 3.0 metres where the side yard provides
access to a parking area or rear yard
garage,
iii) 6.0 metres for that portion of the dwelling
comprising an attached garage or carport
fronting onto the flankage street of a corner
lot, and
iv) 5.0 metres on one side of an interior lot
upon which there is no garage or carport.
17-3
17.4.2.3
REAR YARD
Minimum
7.5 metres
17.4.3
HEIGHT
Maximum
10.5 metres
17.4.4
OUTDOOR AMENITY AREA
A minimum landscaped area of 12 square metres per resident, but
not less than 100 square metres in total, shall be provided and
maintained in the rear or side yard.
17.4.5
MINIMUM DISTANCE SEPARATION
A Retirement Home shall be situated on a lot having a minimum
radial separation distance of 150 metres measured from the lot line
to the lot line of any other lot occupied or as may be
occupied by a Retirement Home.
17.4.6
OFF-STREET PARKING AND LOADING
See SECTION 7.
17.4.7
ACCOMMODATION
The maximum number of residents shall not exceed 16 persons.
REGULATIONS 17.5
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR ACCESSORY
BUILDINGS AND
STRUCTURES
17.5.1
LOCATION
Any yard except for a required yard abutting a street line.
17.5.2
SETBACK FROM LOT LINES
Minimum
1.5 metres
17.5.3
HEIGHT
Maximum
4.5 metres
REGULATIONS
17.6
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
17.6.1
The use shall comply with the provisions of Section 6.27.
REGULATIONS
17.7
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
17.7.1
The use shall comply with the provisions of Section 6.28.
GARDEN
REGULATIONS
17.8
REGULATIONS FOR AN URBAN FARMERS MARKET2
FOR AN
URBAN FARMERS
17.8.1
The use shall comply with the provisions of Section 6.30.
MARKET
1By-law No. 14-275 September 24, 2014
2By-law No. 15-102 April 22, 2015
CENTRAL AREA
COMMERCIAL ZONE (C.A.C)
18-1
CENTRAL
AREA COMMERCIAL
ZONE (C.A.C)
SECTION 18: CENTRAL AREA COMMERCIAL ZONE (C.A.C)
PURPOSE
The purpose of this zone is to provide for a wide variety of retail commercial and personal
service uses, and to allow for residential dwelling accommodation within a commercial
development.
It is also the intent of this zone to recognize the Central Area's unique turn of the century
historical and architectural character by encouraging the continuity of streetscape
through the maintenance of low profile buildings and their rehabilitation.
PERMITTED
18.1
PERMITTED USES
USES
See SECTION 20, "USES PERMITTED IN COMMERCIAL ZONES".
REGULATIONS
18.2
REGULATIONS FOR COMMERCIAL USES
FOR
COMMERCIAL
18.2.1
YARD REQUIREMENTS
USES
18.2.1.1
FRONT YARD
Minimum
not required, except 6.0 metres
from any street line for that
portion of a building over 10.5
metres in height.
18.2.1.2
SIDE YARD
Minimum
not required, except 4.5 metres
where a side lot line abuts any
R1, R2, R3, R3A, R4, R6, RM1,
RM2, RM3, or RM4 Zone.1
18.2.1.3
REAR YARD
Minimum
12.0 metres
18.2.2
GROSS FLOOR AREA
The total gross floor area of all buildings on a site shall not
exceed 2.5 times the lot area.
18.2.3
HEIGHT
Maximum
16.5 metres
18.2.4
OFF-STREET PARKING
18.2.4.1
MINIMUM REQUIREMENTS
Not less than the number of parking spaces at the
ratio mentioned in COLUMN 2 for the corresponding
use mentioned in COLUMN 1 shall be provided on
the lot.
1 By-law No. 4577-00 November 6, 2000
18-2
COLUMN 2
COLUMN 1
USE
MINIMUM NUMBER
OF REQUIRED
PARKING SPACES
a) - Insurance and Real Estate Agent Industries;
- Employment Agencies and Personnel
Suppliers;
- Computer and Related Services;
- Accounting and Bookkeeping Services;
- Advertising Services;
- Architectural, Engineering and Other
Scientific and Technical Services;
- Offices of Lawyers and Notaries;
- Management Consulting Services;
- Other Business Services; Child Welfare
Services; Family Planning Services;
- Crises Intervention Services;
- Offices of Physicians, Surgeons and
Dentists, Private Practice;
- Offices of Other Health Practitioners;
- Offices of Social Service Practitioners
1 space per 27.0 m2
or fraction thereof of
ground floor area,
plus 1 space per 69.0
square metres of
remaining gross floor
area
b) - Ballet Schools;
- Barbering Schools; Beauty Culture
Schools;
- Business Schools (non-university),
- Commercial Schools (non-university);
Correspondence Schools;
- Modelling Schools;
- Other Educational Services;
Restaurants, Licenced;
- Restaurants Unlicenced;
- Drive-In Restaurants;
- Taverns, Bars and Night Clubs;
- Regular Motion Picture Theatres;
- Theatrical and
Other Staged
- Entertainment Services;
- Athletic - Clubs;
- Amateur Boxing Clubs;
- Health Clubs;
- Martial Arts Clubs;
- Bowling Alleys;
- Billiard Halls;
- Dance Halls, Studios and Schools
c) Any other permitted use not mentioned in
(a) or (b) above
1 space for each 10
people or fraction
thereof maximum
designed capacity.
1 space per 46.0 m2
or fraction thereof of
gross floor area.
18-3
OFF-STREET PARKING
18.2.4.1
Notwithstanding a), b) and c) above, for any permitted
commercial
use(s)
within
the
Central
Area
Commercial (C.A.C) Zone, except "Offices of
Physicians, Surgeons and Dentists, Private Practice"
and "Offices of Other Health Practitioners", located in
all or part of a building existing on the effective date
of this By-law, no parking spaces are required
provided that the number of parking spaces which
existed on the effective date of this By-law shall
continue to be provided and maintained. Where an
addition or expansion of an existing building is
proposed, the parking requirements of clauses a), b)
and c) above, shall only apply to the commercial use
or uses contained within the increased gross floor
area.
18.2.4.2
LOCATION
No parking space or part thereof shall be located
and no land shall be used for the temporary
parking or storage of any motor vehicle at a distance
of less than:
a) 1.0 m from any lot line; or
b) 3.0 m from any public thoroughfare; or
c)
4.5 m from the boundary of any residential
zone; or
d)
4.5 m from window of a habitable room
measured in any direction; except that the
provisions of this clause shall not apply to any
parking space located within any private
garage, carport, or underground garage.
18.2.4.3
DIMENSIONS FOR THE DESIGN OF PARKING
AREAS - See Subsection 7.14
18.2.4.4
SURFACING AND MARKING
See Subsection 7.9.
18.2.4.5
LIGHTING
All parking areas shall be provided with suitable
lighting facilities which shall be so installed and
maintained as to ensure that the light is deflected
away from all nearby residential zones.
18.2.5
LANDSCAPE REQUIREMENTS
Only the provisions of clause 6.11.2 shall apply.
REGULATIONS
18.3
REGULATIONS FOR RESIDENTIAL-COMMERCIAL BUILDINGS
FOR
RESIDENTIAL-
18.3.1
LOCATION
COMMERCIAL
BUILDINGS
No residential use or part thereof shall be located:
i)
within the first storey of any building or below a
commercial use; or
18-4
ii)
on the same floor as a commercial use, except in such a
manner as will completely segregate from any commercial
use pedestrian movement to and from any residential use.
18.3.2
YARD REQUIREMENTS
18.3.2.1
FRONT YARD
Minimum not required, except 6.0 metres from
any street line for that portion of a building over
10.5 metres in height.
18-5
18.3.2.2
SIDE YARD
Minimum not required, except:
i)
4.5 metres where a side lot line abuts any R1,
R2, R3, R3A, R4, R6, RM1, RM2, RM3, or RM4
Zone;1
ii) 4.5 metres where a window to a habitable
room is located on the wall of the building or
structure facing a side yard.
18.3.2.3
REAR YARD
Minimum 12.0 metres
18.3.2.4 VERTICAL STEPPING IN PLAN
The required yards for the residential component
of a building need only be provided from the
lowest floor elevation of the residential occupancy
upwards.
18.3.3
GROSS FLOOR AREA
The total gross floor area of all buildings on a site shall not
exceed 2.5 times the lot area, provided that a minimum of 25 per
cent of the gross floor area shall be used for commercial
purposes.
18.3.4
HEIGHT
Maximum
16.5 metres
18.3.5
LOT COVERAGE
Maximum
50 per cent
18.3.6
FLOOR AREA
The minimum floor area per dwelling unit shall be as follows:
i) bachelor dwelling units 42.0 square metres
ii) one bedroom dwelling units 55.0 square metres
iii) two or more bedroom dwelling units 65.0 square metres
18.3.7
OFF-STREET PARKING
The provisions of clause 18.2.4. shall apply, and a minimum of 1
parking space per dwelling unit shall be provided on the lot.
18.3.8
LANDSCAPED AREA
i) Minimum - 10 per cent at grade
ii) Only the provisions of clause 6.11.2 shall apply.
1 By-law No.4577-00 November 6, 2000
18-6
REGULATIONS
18.4
REGULATIONS FOR EXISTING GASOLINE SERVICE STATIONS AND
FOR EXISTING
CAR WASHES
GASOLINE SERVICE
STATIONS AND
18.4.1
AREA REQUIREMENTS
CAR WASHES
18.4.1.1
LOT FRONTAGE
Minimum
46.0 metres
18.4.1.2
LOT DEPTH
Minimum
30.0 metres
18.4.2
YARD REQUIREMENTS
18.4.2.1 FRONT YARD
Minimum
12.0 metres
18.4.2.2
SIDE YARD
Minimum 7.5 metres, except for a
corner lot the minimum
side yard on the flankage
street shall be 12.0 metres
18.4.2.3 REAR YARD
Minimum
7.5 metres
18.4.3
HEIGHT
Maximum
10.5 metres
18.4.4
SETBACKS FOR CERTAIN STRUCTURES
Light standards, signs, fuel pump islands and canopies, and fuel
pumps may be erected and used in any required yard provided
that such structures shall not be located closer than
4.5 metres to any lot line abutting a public thoroughfare. For
the purposes of this clause, no part of a required visibility triangle
shall be considered as part of a required yard.
18.4.5
OFF-STREET PARKING AND LOADING
See SECTION 7.
18.4.6
LANDSCAPE REQUIREMENTS
See Subsection 6.11.
REGULATIONS
18.5
REGULATIONS FOR RETIREMENT HOMES
FOR
RETIREMENT
18.5.1
AREA REQUIREMENTS
HOMES
18.5.1.1
LOT AREA
Minimum
450.0 square metres
18.5.1.2
LOT FRONTAGE
Minimum
15.0 metres
18.5.2
YARD REQUIREMENTS
18.5.2.1
FRONT YARD
Minimum
6.0 metres
18.5.2.2
SIDE YARD
18-7
Minimum
1.2 metres, except
i)
3.5 metres where the side yard abuts the
flankage street of a corner lot,
ii)
3.0 metres where the side yard provides
access to a parking area or rear yard
garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport
fronting onto the flankage street of a
corner lot, and
iv)
5.0 metres on one side of an interior lot
upon which there is no garage or carport.
18.5.2.3 REAR YARD
Minimum
7.5 metres
18.5.3
HEIGHT
Maximum
10.5 metres
18.5.4
OUTDOOR AMENITY AREA
A minimum landscaped area of 12 square metres per resident,
but not less than 100 square metres in total, shall be provided
and maintained in the rear or side yard.
18.5.5
MINIMUM DISTANCE SEPARATION
A Retirement Home shall be situated on a lot having a
minimum radial separation distance of 150 metres measured
from the lot line to the lot line of any other lot occupied or as
may be occupied by a Retirement Home.
18.5.6
OFF-STREET PARKING AND LOADING
See SECTION 7.
18.5.7
ACCOMMODATION
The maximum number of residents shall not exceed 16 persons.
REGULATIONS
18.6
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR ACCESSORY
BUILDINGS AND
18.6.1
LOCATION
STRUCTURES
Any yard except for a required yard abutting a street line.
18.6.2
SETBACK FROM LOT LINES
Minimum
1.5 metres
18.6.3
HEIGHT
Maximum
4.5 metres
REGULATIONS
18.7
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
18.7.1 The use shall comply with the provisions of Section 6.27.
1 By-law No. 14-275 September 24, 2014
18-8
REGULATIONS
18.8
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
18.8.1 The use shall comply with the provisions of Section 6.28.
GARDEN
REGULATIONS
18.9
REGULATIONS FOR AN URBAN FARMERS MARKET2
FOR AN
URBAN FARMERS
18.9.1 The use shall comply with the provisions of Section 6.30.
MARKET
1 By-law No. 14-275 September 24, 2014
2 By-law No. 15-102 April 22, 2015
HIGHWAY
COMMERCIAL ZONE (C.H)
19-1
HIGHWAY
COMMERCIAL
ZONE (C.H)
SECTION 19: HIGHWAY COMMERCIAL ZONE (C.H)
PURPOSE
The purpose of this zone is to provide for certain commercial uses primarily
serving the travelling public or which, by their nature, require locations on
major streets with heavy traffic volumes, a high degree of exposure, and ease
of access.
PERMITTED
19.1
PERMITTED USES
USES
See SECTION 20, "USES PERMITTED IN COMMERCIAL ZONES".
REGULATIONS
19.2
REGULATIONS FOR COMMERCIAL USES
FOR
COMMERCIAL
19.2.1
AREA REQUIREMENTS
USE
19.2.1.1
LOT FRONTAGE
Minimum
30.0 metres
19.2.2
YARD REQUIREMENTS
19.2.2.1
Minimum 7.5 metres from any street line.
19.2.2.2
Minimum 7.5 metres from the property line of any
RU/S-58, R1, R2, R3, R3A, R4, R6, RM1, RM2,
RM3, RM4, OS, PR1, PPS, RU, U, UR, SP1 or
SP2 Zone.1
19.2.2.3
Minimum 3.0 metres from the property line of any
R.C.C., C.N, C.SC, C.A.C, C.H, I.L, I.G, or I.LS
Zone.
19.2.3
HEIGHT
Maximum 10.5 metres
19.2.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
19.2.5
LANDSCAPE REQUIREMENTS
See Subsection 6.11.
19.2.6
OUTSIDE DISPLAY AREAS
Outside display areas shall be permitted provided that any
such displays are:
i) located such that they do not encroach upon any required
yard areas; and
ii) limited to examples of goods, merchandise or articles
offered for sale, lease or rent by the business located on
the site.
1 By-law No. 4577-00 November 6, 2000
19-2
REGULATIONS
19.3
REGULATIONS FOR GASOLINE SERVICE STATIONS AND CAR WASHES
FOR GASOLINE
SERVICE STATIONS
19.3.1
AREA REQUIREMENTS
AND CAR WASHES
19.3.1.1 LOT FRONTAGE
Minimum
46.0 metres
19.3.1.2
LOT DEPTH
Minimum
30.0 metres
19.3.2
YARD REQUIREMENTS
19.3.2.1 FRONT YARD
Minimum
12.0 metres
19.3.2.2
SIDE YARD
Minimum
7.5 metres, except for a
corner lot the minimum
side yard on the flankage
street
shall
be
12.0
metres
19.3.2.3 REAR YARD
Minimum
7.5 metres
19.3.3
HEIGHT
Maximum
10.5 metres
19.3.4
SETBACKS FOR CERTAIN STRUCTURES
Light standards, signs, fuel pump islands and canopies, and fuel
pumps may be erected and used in any required yard provided
that such structures shall not be located closer than
4.5 metres to any lot line abutting a public thoroughfare. For
the purposes of this clause, no part of a required visibility
triangle shall be considered as part of a required yard.
19.3.5
OFF-STREET PARKING AND LOADING
See SECTION 7.
19.3.6
LANDSCAPE REQUIREMENTS
See Subsection 6.11.
REGULATIONS
19.4
REGULATIONS FOR RETIREMENT HOMES
FOR RETIREMENT
HOMES
19.4.1
AREA REQUIREMENTS
19.4.1.1
LOT AREA
Minimum
450.0 square metres
19.4.1.2
LOT FRONTAGE
Minimum
15.0 metres
19.4.2
YARD REQUIREMENTS
19.4.2.1
FRONT YARD
Minimum
6.0 metres
19-3
19.4.2.2
SIDE YARD
Minimum - 1.2 metres, except
i)
3.5 metres where the side yard abuts the
flankage street of a corner lot,
ii)
3.0 metres where the side yard provides
access to a parking area or rear yard
garage,
iii)
6.0 metres for that portion of the dwelling
comprising an attached garage or carport
fronting onto the flankage street of a
corner lot, and
iv)
5.0 metres on one side of an interior lot
upon which there is no garage or carport.
19.4.2.3
REAR YARD
Minimum
7.5 metres
19.4.3
HEIGHT
Maximum
10.5 metres
19.4.4
OUTDOOR AMENITY AREA
A minimum landscaped area of 12 square metres per resident,
but not less than 100 square metres in total, shall be provided
and maintained in the rear or side yard.
19.4.5
MINIMUM DISTANCE SEPARATION
A Retirement Home shall be situated on a lot having a
minimum radial separation distance of 150 metres measured
from the lot line to the lot line of any other lot occupied or as may
be occupied by a Retirement Home.
19.4.6
OFF-STREET PARKING AND LOADING
See SECTION 7.
19.4.7
ACCOMMODATION
The maximum number of residents shall not exceed 16 persons.
19.5
REGULATIONS FOR RESIDENTIAL-COMMERCIAL BUILDINGS
19.5.1
LOCATION
No residential use or part thereof shall be located:
i)
within the first storey of any building or below a
commercial use; or
ii)
on the same floor as a commercial use, except in such
a manner as will completely segregate from any
commercial use pedestrian movement to and from any
residential use.
19-4
19.5.2
YARD REQUIREMENTS
19.5.2.1 FRONT YARD
Minimum
Not required, except 6.0
metres from any street line
for that portion of a building
over 10.5 metres in height.
19.5.2.2
SIDE YARD
Minimum Not required, except:
i)
4.5 metres, where a side lot line abuts any
RU/S-58, R1, R2, R3, R3A, R4, R6, RM1,
RM2, RM3 or RM4 Zone;1
ii)
4.5 metres where a window to a habitable
room is located on the wall of the
building or structure facing a side yard.
19.5.2.3 REAR YARD
Minimum 12.0 metres
19.5.2.4 VERTICAL STEPPING IN PLAN
The required yards for the residential
component of a building need only be provided
from the lowest floor elevation of the residential
occupancy upwards.
19.5.3
GROSS FLOOR AREA
The total gross floor area of all buildings on a site shall not
exceed 2.5 times the lot area, provided that a minimum of 25
percent of the gross floor area shall be used for commercial
purposes.
19.5.4
HEIGHT
Maximum 16.5 metres
19.5.5
LOT COVERAGE
Maximum 50 percent
19.5.6
FLOOR AREA
The minimum floor area per dwelling unit shall be as follows:
i) bachelor dwelling units 42.0 square metres
ii) one bedroom dwelling units 55.0 square metres
iii) two or more bedroom 65.0 square metres
dwelling units
19.5.7
OFF-STREET PARKING
The provisions of clause 18.2.4 shall apply and a minimum of
one parking space per dwelling unit shall be provided on the lot.
1 By-law No. 4577-00 November 6, 2000
19-5
19.5.8
LANDSCAPED AREA
i)
Minimum - 10 percent at grade
ii)
Only the provisions of Clause 6.11.2 shall apply.
REGULATIONS
19.6
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR ACCESSORY
BUILDINGS AND
19.6.1
LOCATION
STRUCTURES
Any yard except for a required yard abutting a street line.
19.6.2
SETBACK FROM LOT LINES
Minimum
1.5 metres
19.6.3
HEIGHT
Maximum
4.5 metres
REGULATIONS
19.7
REGULATIONS FOR AN URBAN FARM1
FOR AN
URBAN FARM
19.7.1 The use shall comply with the provisions of Section 6.27.
REGULATIONS
19.8
REGULATIONS FOR A COMMUNITY GARDEN1
FOR A
COMMUNITY
19.8.1 The use shall comply with the provisions of Section 6.28.
GARDEN
REGULATIONS
19.9
REGULATIONS FOR AN URBAN FARMERS MARKET2
FOR AN
URBAN FARMERS
19.9.1 The use shall comply with the provisions of Section 6.30.
MARKET
1 By-law No. 14-275 September 24, 2014
2 By-law No. 15-102 April 22, 2015
USES PERMITTED IN
COMMERCIAL ZONES
20-1
USES
PERMITTED
IN COMMERCIAL ZONES
SECTION 20: USES PERMITTED IN COMMERCIAL
ZONES EXPLANATORY NOTE
The list of permitted uses as set out under the first column of the following table
has been derived from the STANDARD INDUSTRIAL CLASSIFICATION (S.I.C)
1980. Any use thus defined represents a level of organization by type of
specialization as recorded in the S.I.C.
An asterisk (*) appearing under a zone column (e.g. NEIGHBOURHOOD
COMMERCIAL ZONE (C.N)) means that any uses included under the
corresponding S.I.C classification are permitted within the zone.
Standard Neighbourhood District
Central Area
Highway
Industrial
Commercial
Shopping
Commercial Commercial
Classification Zone
Centre
Zone
Zone
(S.I.C) 1980
(C.N)
(C.SC)
(C.A.C)
(C.H)
1. AGRICULTURAL AND RELATED
SERVICE INDUSTRIES
1.1 Veterinary Services
0211
*
*
1.2 Community Garden1
*
*
*
*
1.3 Urban Farm1
*
*
*
*
2.
MANUFACTURING INDUSTRIES
2.1 Printing, Publishing and
Allied Industries
28
*
*
3. CONSTRUCTION INDUSTRIES
3.1 Project Management,
Construction
441
*
*
4. TRANSPORTATION AND STORAGE
INDUSTRIES
4.1 Taxicab Industry
4581
*
*
5. COMMUNICATION AND OTHER
UTILITY INDUSTRIES
5.1 Telecommunication
Broadcasting Industries
481
*
*
5.2 Telecommunication
Carriers Industry
482
*
*
5.3 Other Telecommunication
Industries
483
*
*
5.4 Courier Service Industry
4842
*
*
1 By-law No. 14-275 September 24, 2014
20-2
S.I.C 1980
C.N
C.SC
C.A.C
C.H
6.
RETAIL TRADE INDUSTRIES
6.1 Food, Beverage and Drug
Industries, Retail
60
*
*
*
*
6.2 Shoe, Apparel, Fabric and
Yarn Industries, Retail
61
*
*
*
*
6.3 Household Furniture,
Appliances and Furnishings
Industries, Retail
62
*
*
*
6.4 Automobile Dealers
631
*
6.5 Existing Automobile
Dealers
631
*
6.6 Recreational Vehicle
Dealers
632
*
6.7 Gasoline Service Stations
(primarily for the sale of
gasoline and other motor
vehicle fuels)
633
*
*
6.8 Existing Gasoline Service
Stations (primarily for the
sale of gasoline and other
motor vehicle fuels)
633
*
6.9 Automotive Parts and
Accessories Stores
634
*
*
6.10 Existing Automotive Parts
and Accessories Stories
635
*
6.11 Existing Motor Vehicle
Repair Shops, excluding:
635
*
1.
Paint and Body Repair
Shops
6352
6.12 Motor Vehicle Repair
Shops limited to:
1.
Garages (General
Repairs)
635
6351
*
*
6.13 Other Motor Vehicle
Services
639
*
6.14 Other Existing Motor
Vehicle Services
639
*
6.15 General Merchandise
Stores
641
*
*
*
6.16 A Variety Store
6413
*
*
*
*
20-3
S.I.C 1980
C.N
C.SC
C.A.C
C.H
6.17 Book and Stationery Stores 651
*
*
*
*
6.18 Florists, Lawn and Garden
Centres
652
*
*
*
*
6.19 Hardware, Paint, Glass
and Wallpaper Stores
653
*
*
*
*
6.20 Sporting Goods and
Bicycle Shops
654
*
*
*
*
6.21 Musical Instruments and
Record Stores
655
*
*
*
*
6.22 Jewellery Stores and Watch
and Jewellery Repair Shops 656
*
*
*
*
6.23 Camera and Photographic
Supply Stores
657
*
*
*
*
6.24 Toy, Hobby, Novelty, and
Souvenir Stores
658
*
*
*
*
6.25 Other Retail Stores,
excluding:
659
*
*
*
*
1. Monument and
Tombstone Dealers
6595
2. Mobile Home Dealers
6598
6.26 Monument and Tombstone
Dealers
6595
*
6.27
Mobile Home Dealers
6598
*
6.28
Vending Machine Operators 691
*
*
*
*
6.29
Direct Sellers
692
*
*
*
*
6.30
Urban Farmers Market1
*
*
*
*
7.
FINANCE AND INSURANCE INDUSTRIES
7.1
Deposit Accepting
Intermediary Industries
70
*
*
*
*
7.2
Consumer and Business
Financing Intermediary
Industries
71
*
*
*
7.3
Investment Intermediary
Industries
72
*
*
*
7.4
Insurance Industries
73
*
*
7.5
Other Financial Intermediary
Industries
74
*
*
1 By-law No. 15-102 April 22, 2015
20-4
S.I.C 1980
C.N
C.SC
C.A.C
C.H
8.
REAL ESTATE OPERATOR AND INSURANCE
AGENT INDUSTRIES
8.1
Insurance and Real Estate
Agent Industries
76
*
*
*
*
9.
BUSINESS SERVICE INDUSTRIES
9.1
Employment Agencies and
Personnel Suppliers
771
*
*
9.2
Computer and Related
Services
772
*
*
9.3
Accounting and
Bookkeeping Services
773
*
*
*
9.4
Advertising Services
774
*
*
9.5
Architectural Engineering
and Other Scientific and
Technical Services
775
*
*
9.6
Offices of Lawyers and
Notaries
776
*
*
*
9.7
Management Consulting
Services
777
*
*
9.8
Other Business Services
779
*
*
10. EDUCATIONAL SERVICE INDUSTRIES
10.1 Post-Secondary Non-
University Education,
limited to:
8521
1.
Ballet Schools
*
*
2.
Barbering Schools
*
*
3.
Beauty Culture Schools
*
*
4.
Business Schools
(non-university)
*
*
5.
Commercial Schools
(non-university)
*
*
6.
Correspondence Schools
*
*
7.
Modelling Schools
*
*
10.2 Other Educational Services 859
*
20-5
S.I.C 1980
C.N
C.SC
C.A.C
C.H
11. HEALTH AND SOCIAL SERVICE INDUSTRIES
11.1 Child Welfare Services
8642
*
*
11.2 Family Planning Services 8643
*
*
11.3 Crisis Intervention
8648
*
*
11.4 Offices of Physicians,
Surgeons and Dentists,
Private Practice
865
*
*
*
*
11.5 Offices of Other Health
Practitioners
866
*
*
*
*
11.6 Office of Social Service
Practitioners
867
*
*
*
*
11.7 Child Care Centres
N/A
*
*
*
12. ACCOMMODATION, FOOD AND BEVERAGE
SERVICE INDUSTRIES
12.1 Hotels and Motor Hotels
9111
*
*
12.2 Motels
9112
*
12.3 Guest Houses and
Tourist Homes
9114
*
12.4 Restaurants, Licenced
9211
*
*
*
*
12.5 Restaurants, Unlicenced
(Including Drive-Ins)
9212
*
12.6 Restaurants, Unlicenced
(Excluding Drive-Ins)
9212
*
*
*
12.7 Take-Out Food Services
9213
*
*
*
*
12.8 Taverns, Bars and Night
Clubs
922
*
*
*
13. OTHER SERVICE INDUSTRIES
13.1 Regular Motion Picture
Theatres
9621
*
*
*
13.2 Theatrical and Other
Staged Entertainment
Services
963
*
*
13.3 Other Sports and Recreation
Clubs, limited to:
9659
1.
Athletic Clubs
*
*
*
2.
Boxing Clubs, Amateur
*
*
*
20-6
S.I.C 1980
C.N
C.SC
C.A.C
C.H
3.
Health Clubs (excluding
health spas and
reducing salons)
*
*
*
4.
Martial Arts Clubs
*
*
*
13.4 Bowling Alleys and
Billiard Parlours
9691
*
*
*
13.5 Dance Halls, Studios
and Schools
9693
*
*
*
13.5.1 Coin Operated
Amusement Devices1
9694
*
*
*
a)
Permitted only in billiard
parlours and/or establishments
licenced under the Liquor
Licence Act of Ontario and
any other By-law of the
Corporation of the Town
of Dundas permitting the same.
b)
A maximum limit of three
coin operated amusement
machines be provided for each
establishment licenced under
the Liquor Licence Act of Ontario.
13.6
Barber and Beauty Shops 971
*
*
*
*
13.7
Laundries and Cleaners,
limited to:
1.
Power Laundries
and/or Dry Cleaners 9721
*
*
*
2.
Distributors and/or
Agents for Dry
Cleaners
9722
*
*
*
*
3.
Self-serve Laundries
and/or Dry Cleaners 9723
*
*
*
*
4.
Valet Services,
Pressing and/or
Repairs
9724
*
*
*
*
5.
Other Laundry and Dry
Cleaning Services
9729
*
*
*
13.8
Funeral Homes
9731
*
*
13.9
Other Personal and Household
Services, excluding:
979
*
*
*
1.
Massage Parlors
9799
2.
Turkish Bath Houses 9799
1By-law No. 4152-94 May 2, 1994
20-7
S.I.C 1980
C.N
C.SC
C.A.C
C.H
13.10 Business Associations
982
*
*
13.11 Professional Membership
Associations
983
*
*
13.12 Labour Organizations
984
*
*
13.13 Political Organizations
985
*
*
13.14 Civic and Fraternal
Organizations
986
*
*
13.15 Machinery and Equipment
Rental and Leasing
Services, excluding:
991
*
*
1.
Industrial machinery
and equipment rental
and leasing
9911
13.16 Automobile and Truck Rental
and Leasing Services
992
*
13.17 Automobile and Truck Rental
and Leasing Services,
excluding:
992
*
1.
Truck Rental
9921
13.18 Photographers
993
*
*
*
13.19 Other Repair Services
9949
*
*
*
13.20 Services to Buildings and
Dwellings
995
*
*
13.21 Travel Services
996
*
*
*
13.22 Parking Lots and Parking
Garages
9991
*
*
*
13.23 Other Services
9999
*
*
14. RESIDENTIAL USES
14.1
Apartments in Commercial
14.2
Buildings
Retirement Homes
N/A
N/A
*
*
*
*
*
*
*
15. ACCESSORY USES
15.1
Accessory Buildings,
Structures, and Uses
N/A
*
*
*
*
LIGHT INDUSTRIAL
ZONE (I.L)
21-1
LIGHT
INDUSTRIAL
ZONE (I.L.)
SECTION 21: LIGHT INDUSTRIAL ZONE (I.L)
PURPOSE
The purpose of this zone is to provide for a wide range of wholly enclosed industrial and
business uses which are compatible with each other and do not adversely affect
surrounding non-industrial land uses.
PERMITTED
21.1
PERMITTED USES
USES
See SECTION 24, "USES PERMITTED IN INDUSTRIAL ZONES".
REGULATIONS
21.2
REGULATIONS FOR INDUSTRIAL USES
FOR
INDUSTRIAL
21.2.1
AREA REQUIREMENTS
USES
21.2.1.1
LOT AREA
Minimum
540.0 square metres
21.2.1.2
LOT FRONTAGE
Minimum
15.0 metres
21.2.2
YARD REQUIREMENTS
21.2.2.1
FRONT YARD
Minimum
9.0 metres
21.2.2.2
SIDE YARD
Minimum
4.5 metres, except:
i)
for a corner lot the minimum side yard on
the flankage street shall be 7.5 metres; and
ii)
the minimum side yard abutting any RU/S-
58, R1, R2, R3, R3A, R4, R6, R4, RM1, RM2,
RM3, RM4, OS, PR1, PPS, RU, U, UR,
SP1 or SP2 Zone shall be 7.5 metres.1
21.2.2.3
REAR YARD
Minimum
7.5 metres
21.2.3
HEIGHT
Maximum
16.5 metres
21.2.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
21.2.5
LANDSCAPE REQUIREMENTS
See Subsection 6.11.
1 By-law No.4577-00 November 6, 2000
21-2
21.2.6
STORAGE REQUIREMENTS
21.2.6.1
LOCATION1
No front yard shall be used for outside storage
and no part of a side yard or rear yard used for
outside storage shall be located less than 6.0
metres from an abutting street line or from the
boundary of any RU/S-58, R1, R2, R3, R3A, R4,
R6, RM1, RM2, RM3 or RM4 Zone.
21.2.6.2
LOT COVERAGE
The total area used for storage outside of a
building or structure shall not exceed five per
cent of the lot area.
21.2.6.3
SCREENING
Every side yard or rear yard that is used for
storage of any material or equipment shall be
completely screened from external view by a
solid fence not less than 1.5 metres in height
and not more than 3.0 metres in height.
21.2.7
WASTE TRANSFER FACILITY AND WASTE PROCESSING
FACILITY
In addition to the Regulations of SECTION 21.2, any building,
structure or land used for a Waste Transfer Facility or a Waste
Processing Facility, shall be located a minimum of 300 metres
from a Residentially Zoned or Institutionally Zoned property lot
line.2
REGULATIONS
21.3
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR ACCESSORY
BUILDINGS AND
STRUCTURES
21.3.1
LOCATION
Any yard except for a required yard abutting a street line.
21.3.2
SETBACK FROM LOT LINES
Minimum
1.5 metres
21.3.3
HEIGHT
Maximum
4.5 metres
1 By-law No. 4577-00 November 6, 2000
2 By-law No. 09-131 June 10, 2009
GENERAL INDUSTRIAL
ZONE (I.G)
22-1
GENERAL
INDUSTRIAL
ZONE (I.G)
SECTION 22: GENERAL INDUSTRIAL ZONE (I.G)
PURPOSE
The purpose of this zone is primarily to provide for general manufacturing, assembling
and fabricating industries, and related wholesale and retail commercial uses.
PERMITTED
22.1
PERMITTED USES
USES
See SECTION 24, "USES PERMITTED IN INDUSTRIAL ZONES".
REGULATIONS
22.2
REGULATIONS FOR INDUSTRIAL USES
FOR
INDUSTRIAL
22.2.1
AREA REQUIREMENTS
USES
22.2.1.1
LOT AREA
Minimum
540.0 square metres
22.2.1.2
LOT FRONTAGE
Minimum
15.0 metres
22.2.2
YARD REQUIREMENTS
22.2.2.1
FRONT YARD
Minimum
7.5 metres
22.2.2.2
SIDE YARD
Minimum
3.0 metres, except:
i)
for a corner lot the minimum side yard on
the flankage street shall be 7.5 metres; and
ii)
the minimum side yard abutting any R1,
R2, R3, R3A, R4, R6, RM1, RM2, RM3,
RM4, OS, PR1, PPS, U, UR, SP1 or SP2
Zone shall be 9.0 metres.1
22.2.2.3
REAR YARD
Minimum
7.5 metres
22.2.3
HEIGHT
Maximum
16.5 metres
22.2.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
22.2.5
LANDSCAPE REQUIREMENTS
See Subsection 6.11.
1 By-law No.4577-00 November 6, 2000
22-2
22.2.6
STORAGE REQUIREMENTS
22.2.6.1
LOCATION
No front yard shall be used for outside storage
and no part of a side yard or rear yard used for
outside storage shall be located less than 6.0
metres from an abutting street line or from the
boundary of any R1, R2, R3, R3A, R4, R6, RM1,
RM2, RM3 or RM4 Zone.1
22.2.6.2
LOT COVERAGE
The total area used for storage outside of a
building or structure shall not exceed five per
cent of the lot area.
22.2.6.3
SCREENING
Every side yard or rear yard that is used for
storage of any material or equipment shall be
completely screened from external view by a
solid fence not less than 1.5 metres in height
and not more than 3.0 metres in height.
22.2.7
WASTE TRANSFER FACILITY AND WASTE PROCESSING
FACILITY
In addition to the Regulations of SECTION 22.2, any building,
structure or land used for a Waste Transfer Facility or a Waste
Processing Facility, shall be located a minimum of 300 metres
from a Residentially Zoned or Institutionally Zoned property lot
line.2
REGULATIONS
22.3
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
FOR ACCESSORY
BUILDINGS AND
STRUCTURES
22.3.1
LOCATION
Any yard except for a required yard abutting a street line.
22.3.2
SETBACK FROM LOT LINES
Minimum
1.5 metres
22.3.3
HEIGHT
Maximum
4.5 metres
1 By-law No.4577-00 November 6, 2000
2 By-law No.09-131 June 10, 2009
LIMITED SERVICE
INDUSTRIAL ZONE (I.LS)
23-1
LIMITED
SERVICE
INDUSTRIAL
ZONE (I.LS)
SECTION 23: LIMITED SERVICE INDUSTRIAL ZONE (I.LS)
PURPOSE
The purpose of this zone is to limit development to existing uses until such time as further
planning studies have been conducted to determine the future use of the lands so
designated.
PERMITTED
23.1 PERMITTED USES
USES
23.1.1
EXISTING USES, BUILDINGS AND STRUCTURES
USES PERMITTED
IN INDUSTRIAL ZONES
24-1
USES
PERMITTED
IN INDUSTRIAL
ZONES
SECTION 24: USES PERMITTED IN INDUSTRIAL ZONES
EXPLANATORY NOTE
The list of permitted uses as set out under the first column of the following table has
been derived from the STANDARD INDUSTRIAL CLASSIFICATION (S.I.C) 1980.
Any use thus defined represents a level of organization by type of specialization as
recorded in the S.I.C.
An asterisk (*) appearing under a zone column (e.g. LIGHT INDUSTRIAL ZONE (I.L))
means that any uses included under the corresponding S.I.C classification are permitted
within the zone.
STANDARD
LIGHT
GENERAL
INDUSTRIAL
INDUSTRIAL
INDUSTRIAL
CLASSIFICATION
ZONE
ZONE
(S.I.C.) 1980
(I.L.)
(I.G.)
1.
MANUFACTURING INDUSTRIES
1.1
Fruit and Vegetable Industries
103
*
1.2
Dairy Products Industries
104
*
1.3
Flour, Prepared Cereal
Food and Feed Industries
105
*
1.4
Vegetable Oil Mills (Except
Corn Oil)
106
*
1.5
Bakery Products Industries
107
*
*
1.6
Sugar and Sugar Confectionery
Industries
108
*
1.7
Other Food Products Industries
109
*
1.8
Soft Drink Industry
111
*
*
1.9
Tobacco Products Industry
122
*
1.10
Plastic Products Industries
16
*
*
1.11
Footwear Industry
1712
*
*
1.12
Luggage, Purse and Handbag
Industry
1713
*
*
1.13
Other Leather and Allied
Products Industries
1719
*
*
1.14
Primary Textile Industries
18
*
*
24-2
STANDARD
INDUSTRIAL
CLASSIFICATION
(S.I.C.) 1980
LIGHT
INDUSTRIAL
ZONE
(I.L.)
GENERAL
INDUSTRIAL
ZONE
(I.G.)
1.15
Textile Products Industries
19
*
1.16
Clothing Industries
24
*
*
1.17
Sawmill, Planing Mill and Shingle
Mill Products Industries
251
*
*
1.18
Veneer and Plywood Industries
252
*
*
1.19
Sash, Door and Other Millwork
Industries
254
*
1.20
Wooden Box and Pallet Industry
256
*
*
1.21
Coffin and Casket Industry
258
*
*
1.22
Other Wood Industries
259
*
*
1.23
Furniture and Fixture Industries
26
*
*
1.24
Paper Box and Bag Industries
273
*
*
1.25
Other Converted Paper Products
Industries
279
*
*
1.26
Printing, Publishing and Allied
Industries
28
*
*
1.27
Aluminum Rolling, Casting and
Extruding Industry
296
*
1.28
Copper and Copper Alloy Rolling,
Casting and Extruding Industry
297
*
1.29
Other Rolled, Cast and Extruded
Non-Ferrous Metal Product Industries
299
*
1.30
Ornamental and Architectural
Metal Products Industries
303
*
*
1.31
Stamped, Pressed and Coated
Metal Products Industries
304
*
1.32
Wire and Wire Products Industries
305
*
1.33
Hardware, Tool and Cutlery
Industries
306
*
*
1.34
Heating Equipment Industry
307
*
24-3
STANDARD
INDUSTRIAL
CLASSIFICATION
(S.I.C.) 1980
LIGHT
INDUSTRIAL
ZONE
(I.L.)
GENERAL
INDUSTRIAL
ZONE
(I.G.)
1.35
Machine Shop Industry
308
*
*
1.36
Other Metal Fabricating Industries
309
*
1.37
Agricultural Implement Industry
311
*
*
1.38
Commercial Refrigeration and
Air Conditioning Equipment Industry
312
*
*
1.39
Other Machinery and Equipment
Industries
319
*
*
1.40
Truck and Bus Body and Trailer
Industries
324
*
1.41
Motor Vehicle Parts and
Accessories Industries
325
*
1.42
Plastic Parts and Accessories
for Motor Vehicles Industry
3256
*
*
1.43
Boatbuilding and Repair Industry
328
*
1.44
Other Transportation Equipment
Industries
329
*
1.45
Electrical and Electronic Products
Industries
33
*
*
1.46
Clay Products Industries
351
*
1.47
Concrete Products Industries
354
*
1.48
Glass and Glass Products Industries
356
*
1.49
Abrasives Industry
357
*
1.50
Pharmaceutical and Medicine Industry
374
*
1.51
Soap and Cleaning Compounds Industry 376
*
1.52
Toilet Preparations Industry
377
*
1.53
Scientific and Professional Equipment
Industries
391
*
*
1.54
Jewellery and Precious Metals Industries 392
*
*
1.55
Sporting Goods and Toy Industries
393
*
*
1.56
Sign and Display Industries
397
*
*
1.57
Other Manufactured Products Industry
399
*
*
24-4
STANDARD
INDUSTRIAL
CLASSIFICATION
(S.I.C.) 1980
LIGHT
INDUSTRIAL
ZONE
(I.L.)
GENERAL
INDUSTRIAL
ZONE
(I.G.)
2.
CONSTRUCTION INDUSTRIES
2.1
Building, Developing and General
Contracting Industries
40
*
2.2
Industries and Heavy (Engineering)
Construction Industries
41
*
2.3
Trade Contracting Industries
42
*
*
2.4
Service Industries Incidental to
Construction
44
*
*
3.
TRANSPORTATION AND STORAGE INDUSTRIES
3.1
Truck Transport Industries
456
*
3.2
Used Goods Moving and Storage
Industry
4562
*
*
3.3
Public Passenger Transit System
Industries, limited to:
457
1.
School Bus Operations Industry
4573
*
*
2.
Charter and Sightseeing Bus
Services Industry
4574
*
*
3.
Limousine Service to Airports
and Stations Industry
4575
*
*
3.4
Other Storage and Warehousing
Industries
479
*
*
4.
COMMUNICATION AND OTHER UTILITY INDUSTRIES
4.1
Communication Industries, excluding:
48
*
*
1.
Postal Service Industry
4841
5.
WHOLESALE TRADE INDUSTRIES
5.1
Petroleum Products Industries,
Wholesale
51
*
5.2
Food, Beverage, Drug and Tobacco
Industries, Wholesale
52
*
*
5.3
Apparel and Dry Goods Industries,
Wholesale
53
*
*
24-5
STANDARD
INDUSTRIAL
CLASSIFICATION
(S.I.C.) 1980
LIGHT
INDUSTRIAL
ZONE
(I.L.)
GENERAL
INDUSTRIAL
ZONE
(I.G.)
5.4
Household Goods Industries,
Wholesale
54
*
*
5.5
Motor Vehicle Parts and
Accessories, Wholesale
552
*
*
5.6
Hardware and Plumbing, Heating
and Air Conditioning Equipment
and Supplies, Wholesale
562
*
*
5.7
Lumber and Building Materials,
Wholesale
563
*
*
5.8
Construction, Forestry and
Mining Machinery Equipment and
Supplies, Wholesale
572
*
5.9
Industrial Machinery, Equipment
and Supplies, Wholesale
573
*
5.10
Electrical and Electronic
Machinery, Equipment and Supplies,
Wholesale
574
*
*
5.11
Other Machinery, Equipment and
Supplies, Wholesale
579
*
*
5.12
Other Products Industries,
Wholesale, excluding:
59
*
*
1.
Waste Materials, Wholesale
591
6.
RETAIL TRADE INDUSTRIES
6.1
Furniture Refinishing and Repair
Shops
6213
*
*
6.2
Appliance, Television, Radio and
Stereo Repair Shops
6223
*
*
6.3
Motor Vehicle Repair Shops
635
*
*
6.4
Other Motor Vehicle Services
639
*
*
6.5
Vending Machine Operators
691
*
*
7.
HEALTH AND SOCIAL SERVICE INDUSTRIES
7.1 Medical and Other Health
Laboratories
868
*
*
24-6
STANDARD
INDUSTRIAL
CLASSIFICATION
(S.I.C.) 1980
LIGHT
INDUSTRIAL
ZONE
(I.L.)
GENERAL
INDUSTRIAL
ZONE
(I.G.)
8.
OTHER SERVICE INDUSTRIES
8.1
Motion Picture, Audio and Video
Production and Distribution
961
*
*
8.2
Laundries and Cleaners, excluding:
972
*
*
1.
Self-Service Laundries and/or
Dry Cleaners
9723
8.3
Machinery and Equipment Rental
and Leasing Service
991
*
*
8.4
Other Repair Services
994
*
*
8.5
Services to Buildings and Dwellings
995
*
*
9.
ACCESSORY USES
9.1
Accessory Buildings, Structures
N/A
*
*
and Uses
10 WASTE TRANSFER FACILITY AND WASTE PROCESSING FACILITY1
10.1
Waste Transfer Facility
*
*
10.2
Waste Processing Facility1
*
*
1 By-law No.09-131 June 10, 2009
OPEN SPACE -
CONSERVATION ZONE (OS)
25-1
OPEN SPACE -
CONSERVATION
ZONE (OS)
SECTION 25: OPEN SPACE - CONSERVATION ZONE (OS)
PURPOSE
The purpose of this zone is to protect lands unsuitable for general urban development
due to their physiographic characteristics or their ecological significance. With the
exception of special public works for conservation purposes and limited development
which enhances the cultural, recreational and natural resources of the zone, these lands
are intended to be maintained in their natural state.
PERMITTED
25.1
PERMITTED USES
USES
25.1.1 BOTANICAL GARDENS, operated by a Public Authority.
25.1.2
OUTDOOR RECREATIONAL USES, operated by a Public
Authority.
25.1.3 NATURE AND INTERPRETIVE CENTRES AND FACILITIES,
operated by a Public Authority.
25.1.4
WILDLIFE SANCTUARIES, operated by a Public Authority.
25.1.5
ACCESSORY BUILDINGS, STRUCTURES AND USES to any
permitted use in clauses 25.1.1 to 25.1.4 inclusive, including an
accessory commercial use, operated by a Public Authority.
25.1.6
AGRICULTURAL USES, limited to:
1.
Field Crop Farms
2.
Fruit and Vegetable Farms.
REGULATIONS
25.2 REGULATIONS FOR PERMITTED USES
FOR PERMITTED
USES
25.2.1
YARD REQUIREMENTS 1
No building or structure shall be erected, altered or used within
15.0 metres of the boundary of any RU/S-58, R1, R2, R3, R3A,
R4, R6, RM1, RM2, RM3 or RM4 Zone.
25.2.2
HEIGHT
Maximum
10.5 metres
1 By-law No. 4577-00 November 6, 2000
PARK AND RECREATION
ZONE (PR1)
26-1
PARK AND
RECREATION
ZONE (PR1)
SECTION 26: PARK AND RECREATION ZONE (PR1)
PURPOSE
The purpose of this zone is to provide for active and passive recreational uses,
including landscape enhancement and conservation.
PERMITTED
26.1
PERMITTED USES
USES
26.1.1
PARKS AND PLAYGROUNDS
26.1.2
PICNIC AREAS
26.1.3
CAMPING GROUNDS AND TRAVEL TRAILER PARKS
26.1.4
PARK MAINTENANCE, STORAGE AND ADMINISTRATION
FACILITIES
26.1.5
GOLF COURSES
26.1.6
OTHER RECREATIONAL USES, including but not limited to:
1.
Curling Clubs
2.
Arenas
3.
Stadiums
4.
Swimming Pools
5.
Tennis Clubs
26.1.7
ACCESSORY BUILDINGS, STRUCTURES AND USES.
REGULATIONS
26.2
REGULATIONS FOR PERMITTED USES
FOR
PERMITTED
26.2.1
YARD REQUIREMENTS1
USES
26.2.1.1
FRONT YARD
Minimum
12.0 metres
26.2.1.2
SIDE YARD
Minimum
4.5 metres, except that no
building or structure shall be
erected, altered or used
within 15.0 metres of any
RU/S-58, R1, R2, R3, R3A,
R4, R6, RM1, RM2, RM3 or
RM4 Zone.
26.2.1.3
REAR YARD
Minimum
7.5 metres, except that no
building or structure shall be
erected, altered or used
within 15.0 metres of any
RU/S-58, R1, R2, R3, R3A,
R4, R6, RM1, RM2, RM3 or
RM4 Zone.
1By-law No. 4577-00 November 6, 2000
26-2
26.2.2
HEIGHT
Maximum
10.5 metres
26.2.3
OFF-STREET PARKING AND LOADING
See SECTION 7.
26.2.4
LANDSCAPE REQUIREMENTS
See Subsection 6.11.
PUBLIC AND PRIVATE
SERVICE ZONE (PPS)
27-1
PERMITTED
USES
27.1
PERMITTED USES
S.I.C COD
1980
1.
TRANSPORTATION AND STORAGE INDUSTRIES
1.1
Urban Transit Systems Industry
4571
1.2
Interurban and Rural Transit
Systems Industry
4572
2.
COMMUNICATION AND OTHER UTILITY INDUSTRIES
2.1
Postal Service Industry
4841
3.
GOVERNMENT SERVICE INDUSTRIES
3.1
Federal Government Service Industries
81
3.2
Provincial and Territorial
Government Service Industries
82
3.3
Local Government Service Industries
83
4.
EDUCATIONAL SERVICE INDUSTRIES
4.1
Elementary and Secondary
Education
851
4.2
Post-Secondary Non-University
Education, excluding:
8521
1.
Ballet Schools
2.
Barbering Schools
3.
Beauty Culture Schools
4.
Business Schools (Non-University)
5.
Commercial Schools (Non-University)
6.
Correspondence Schools
7.
Modelling Schools
8.
School of Trucking and
Heavy Equipment Operation
4.3
University Education
853
4.4
Library Services
854
4.5
Museums and Archives
855
PUBLIC AND
PRIVATE SERVICE
ZONE (PPS)
SECTION 27: PUBLIC AND PRIVATE SERVICE ZONE (PPS)
PURPOSE
The purpose of this zone is to make provision for services to the community provided by
the Corporation of the Town of Dundas, Government or Public Authorities, Private and
Non-Government Agencies.
E
27-2
5.
HEALTH AND SOCIAL SERVICE INDUSTRIES
S.I.C CODE
1980
5.1
Hospitals
861
5.2
Child Care Centres
N/A
5.3
Nursing Homes
862
6.
OTHER SERVICE INDUSTRIES
6.1
Botanical and Zoological Gardens
9696
6.2
Cemeteries and Crematoria, provided
that a crematorium shall only be
permitted in conjunction with a cemetery.
9732
6.3
Religious Organizations
981
7.
OTHER USES
7.1
Accessory Buildings, Structures
and Uses
N/A
REGULATIONS
27.2
REGULATIONS FOR PERMITTED USES
FOR
PERMITTED
27.2.1
YARD REQUIREMENTS1
USES
27.2.1.1
FRONT YARD
Minimum
7.5 metres
27.2.1.2
SIDE YARD
Minimum
4.5 metres, except that no
building or structure shall be
erected, altered or used within
15.0 metres of any RU/S-58,
R1, R2, R3, R3A, R4, R6,
RM1, RM2, RM3 or RM4
Zone.
27.2.1.3
REAR YARD
Minimum
7.5 metres, except that no
building or structure shall be
erected, altered or used within
15.0 metres of any RU/S-58,
R1, R2, R3, R3A, R4, R6,
RM1, RM2, RM3 or RM4
Zone.
27.2.2
SETBACK FOR CREMATORIA
Notwithstanding Clause 27.2.1, a crematorium shall be set back
a minimum of 30.0 metres from the boundary of any RU/S-58,
R1, R2, R3, R3A, R4, R6, RM1, RM2, RM3 or RM4 Zone.
1 By-law No. 4577-00 November 6, 2000
27-3
27.2.3
HEIGHT
Maximum
10.5 metres
27.2.4
OFF-STREET PARKING AND LOADING
See SECTION 7.
PUBLIC UTILITIES
ZONE (U)
28-1
PUBLIC UTILITIES
ZONE (U)
SECTION 28: PUBLIC UTILITIES ZONE (U)
PURPOSE
The purpose of this zone is to provide for public utility installation and facilities
including rights-of-way required by public utility agencies.
PERMITTED
28.1
PERMITTED USES
USES
28.1.1
GOVERNMENT AND PUBLIC UTILITY INSTALLATIONS
28.1.2
PUBLIC UTILITY MAINTENANCE AND EQUIPMENT
STORAGE FACILITIES
28.1.3
PUBLIC WORKS YARDS, including Administration Offices
28.1.4
WASTE TRANSFER FACILITY2
28.1.5
WASTE PROCESSING FACILITY2
28.1.6
ACCESSORY BUILDINGS, STRUCTURES AND USES
REGULATIONS
28.2
REGULATIONS FOR PERMITTED USES1
FOR
PERMITTED
No building, structure, equipment or material shall be located within 15.0
USES
metres of the boundary of any RU/S-58, R1, R2, R3, R3A, R4, R6,
RM1, RM2, RM3, RM4, OS, PR1, PPS, RU, U, UR, SP1 or SP2 Zone.
WASTE
28.3
WASTE TRANSFER FACILITY AND WASTE PROCESSING FACILITY
TRANSFER FACILITY
AND WASTE
Notwithstanding SECTION 28.2, any building, structure or land used for
PROCESSING FACILITY
a Waste Transfer Facility or a Waste Processing Facility, shall be located
a minimum of 300 metres from a Residentially Zoned or Institutionally
Zoned property lot line.2
PRIOR EXISTING 28.4
PRIOR EXISTING USES
USES
Notwithstanding SECTION 28.1 and SECTION 28.3 above, the Waste
Management Facility, as existing at the time of passing of By-law 09-
131, shall also be permitted on the following property:
27 Olympic Drive2
1 By-law No. 4577-00 November 6, 2000
2 By-law No. 09-131 June 10, 2009
URBAN RESERVE
ZONE (UR)
29-1
URBAN
RESERVE
ZONE (UR)
SECTION 29: URBAN RESERVE ZONE (UR)
PURPOSE
The purpose of this zone is to protect land suited for urban development from premature
subdivision and development which may prejudice the future use of the land, or
which may have a disruptive influence on the community, until such time as development
of the land can proceed in an orderly and economic manner consistent with the policies
of the Official Plan, when it shall be rezoned accordingly.
PERMITTED
29.1
PERMITTED USES
USES
29.1.1
AGRICULTURAL USES, limited to:
1.
Field Crop Farms.
2.
Fruit and Vegetable Farms.
29.1.2
EXISTING RESIDENTIAL USES, including accessory buildings,
structures and uses.
RURAL ZONE (RU)
29A-1
RURAL
ZONE (RU)
SECTION 29A: RURAL ZONE (RU)1
PURPOSE
The purpose of this zone is to retain lands so zoned in an open space setting for
agricultural purposes including very limited farm-related development.
29A.1 PERMITTED USES
29A.1.1
AGRICULTURAL USES, limited to:
1.
Field Crop Farms
2.
Fruit and Vegetable Farms
3.
Accessory Residence and Farm Buildings.
29A.1.2
NON-FARM RESIDENTIAL DWELLINGS
29A.1.3
EXISTING RESIDENTIAL USES, including accessory buildings,
structures and uses SUBJECT TO THE PROVISIONS OF
SUBSECTION 6.1.2 OF BY-LAW NO. 3581-86.
29A.2 REGULATIONS FOR AGRICULTURAL USES (including one single detached
residence accessory thereto) AND FOR NON-FARM RESIDENTIAL
DWELLINGS
29A.2.1
AREA REQUIREMENTS
29A.2.1.1
LOT AREA
Minimum
10 hectares
29A.2.2.1
LOT FRONTAGE
Minimum
135 metres
29A.2.2
YARD REQUIREMENTS
2
29A.2.2.1
FRONT YARD
Minimum
15.0 metres
29A.2.2.2
SIDE YARD
Minimum
15.0 metres
29A.2.2.3
REAR YARD
Minimum
20.0 metres
29A.2.3
HEIGHT
Maximum
7.5 metres
29A.2.4
LOT COVERAGE
Maximum
300 square metres for all buildings
1 By-law No. 4066-93 February 15, 1993
2 By-law No. 15-068 March 11, 2015
29A-2
29A.3 REGULATIONS FOR ACCESSORY BUILDINGS AND FARM STRUCTURES1
29A.3.1
LOCATION
Rear yard or a side yard
29A.3.2
SETBACK FROM SIDE LOT LINE
Minimum
10.0 metres
29A.3.3
SETBACK FROM REAR LOT LINE
Minimum
20.0 metres
29A.3.4
HEIGHT
Maximum
7.5 metres
29A.3.5
LOT COVERAGE
As in 29A.2.4 above
29A.4 ADDITIONAL REQUIREMENTS
29A.4.1
Notwithstanding any other requirement of this section, any
existing lot in the RU zone with a lot area of less than 10
hectares may be used for a field crop farm or a fruit and
vegetable farm.
29A.4.2
No accessory buildings including an accessory residence shall
be permitted as part of any agricultural operation conducted
pursuant to Subsection 29A.4.1 above.
29A.4.3
Notwithstanding any other requirement of this section, no
building, structure or tile field, except a fence shall be permitted
adjacent to lands zoned OPEN SPACE - CONSERVATION ZONE
(OS) where any portion of a building, structure or tile field is closer
than 15 metres from the valley "fill" lines, as determined by the
Conservation Authority having jurisdiction.
1 By-law No. 15-068 March 11, 2015
SPECIAL POLICY AREA ONE -
NIAGARA ESCARPMENT
COMMISSION DEVELOPMENT
CONTROL ZONE (SP1)
30-1
SPECIAL POLICY
AREA ONE - N.E.C.
DEVELOPMENT
CONTROL
ZONE (SP1)
SECTION 30:
SPECIAL POLICY AREA ONE - NIAGARA ESCARPMENT
COMMISSION DEVELOPMENT CONTROL ZONE (SP1)
PURPOSE
The purpose of this zone is to define that area within the Town of Dundas which is subject
to the Development Control Regulations of the Niagara Escarpment Commission.
DEFINED AREA
30.1
DEFINED AREA
The area designated Special Policy Area One (SP1) on Schedules "N" and
"S", attached to and forming part of this By-law, comprises all lands within the
corporate limits of the Town of Dundas which are subject to the Niagara
Escarpment Commission Development Control Regulation pursuant to the
Niagara Escarpment Planning and Development Act, 1973.
PERMITTED
30.2
PERMITTED USES
USES
Notwithstanding any other provisions of this By-law, no development shall be
permitted in an SP1 Zone unless a development permit for such development
has first been issued by the Niagara Escarpment Commission or unless such
development is of a class exempted therefrom pursuant to Ontario Regulation
453/75, as amended.
SPECIAL POLICY AREA
TWO - PARKWAY BELT
WEST PLAN ZONE (SP2)
31-1
SPECIAL POLICY
AREA TWO -
PARKWAY BELT
WEST PLAN
ZONE (SP2)
SECTION 31: SPECIAL POLICY AREA TWO - PARKWAY BELT WEST PLAN
ZONE (SP2)
PURPOSE
The purpose of this zone is to identify those areas within the Town of Dundas which
are subject to development regulations pursuant to the provisions of the Parkway Belt
West Plan, 1978.
DEFINED
31.1
DEFINED AREA
AREA
The area designated Special Policy Area Two (SP2) on Schedules "Q" and
"R", attached to and forming part of this By-law, comprises all lands within the
corporate limits of the Town of Dundas designated "Special Complementary Use
Area" on Map 2, Escarpment Link, Parkway Belt West Plan, 1978.
PERMITTED
31.2
PERMITTED USES
USES
31.2.1
All uses and accessory buildings, structures and uses legally
existing on the date of passing of this By-law.
31.2.2
No development shall be permitted in an SP2 Zone unless it
conforms
with the provisions respecting the "Special
Complementary Use Area" as contained in the Parkway Belt
West Plan, 1978.
EXCEPTIONS
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTIONS
SECTION 32: EXCEPTIONS
PURPOSE
The purpose of this section is to identify those properties within the Town of Dundas which are subject to special zoning regulations.
EXCEPTION
S-1
N/A
Spencer Creek
Notwithstanding subsection 22.1 PERMITTED USES of SECTION 22: LIGHT INDUSTRIAL ZONE (I.G.), and
subclause 7.12.4.4 of clause 7.12.4 OTHER USES of subsection 7.12 OFF-STREET PARKING SPACE
REQUIREMENTS of SECTION 7: OFF-STREET PARKING AND LOADING, those lands shown as "I.G/S-1" on
Schedule "L" may be used only for a curling rink and accessory uses except for a residential use, subject to the
following special provision:
1. Parking shall be provided at a rate of one parking space per 37.0 square metres or fraction thereof of gross
floor area.
S-2
N/A
Pleasant Valley
East
Notwithstanding clause 13.2.4 DENSITY of subsection 13.2 REGULATIONS FOR APARTMENT
BUILDINGS of SECTION 13: LOW DENSITY MULTIPLE DWELLING ZONE (RM2), the maximum number of
dwelling units permitted on those lands shown as "RM2/S-2" on Schedule "J" shall be four.
S-2a
3726-88
Pleasant Valley
East
Notwithstanding Subsection 13.1: PERMITTED USES of SECTION 13: LOW DENSITY MULTIPLE
DWELLING "RM2" ZONE, the following additional residential uses shall be permitted on those lands shown as
"RM2/S-2" on Schedule "J":
(a)
Single-family dwellings subject to SECTION 10: LOW DENSITY RESIDENTIAL "R3" ZONE
provisions; and
(b)
Semi-detached dwellings subject to SECTION 10: LOW DENSITY RESIDENTIAL "R3" ZONE provisions.
Page 1
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-3
N/A
Spencer Creek
Notwithstanding subsection 9.1 PERMITTED USES of SECTION 9: SINGLE-DETACHED RESIDENTIAL ZONE
(R2), the existing building situated on the lands shown as "R2/S-3" on Schedule "L" may continue to be used for a
Restaurant and Catering Service purposes and that nothing in this by-law shall prevent the replacement of the
existing building or structure provided that such replacement will not increase the height, area or volume or
change the use of such building or structure.
S-4
N/A
York Road
The provisions of clause 11.1.5 A LODGING HOUSE, and clause 11.1.6 A GROUP HOME, of subsection 11.1
PERMITTED USES of SECTION 11: LOW DENSITY RESIDENTIAL ZONE (R4), shall not apply to those lands
shown as "R4/S-4" on Schedule "Q".
S-5
N/A
Central Business
District
Notwithstanding the provisions of subclause iii) of clause 12.5.7 MINIMUM DISTANCE SEPARATION
of subsection 12.5 REGULATIONS FOR GROUP DEVELOPMENT OF SECTION 12: LOW DENSITY
MULTIPLE DWELLING ZONE (RM1), the following special provisions shall apply to those lands shown as
"RM1/S-5" on Schedule "A":
1.
The existing seven unit building shall be permitted.
2.
The minimum distance between residential buildings on the lot may be 12.80 m where the exterior walls
opposite each other contain windows to habitable rooms.
S-6
N/A
Central Business
District
Notwithstanding the provisions of subsection 18.1 PERMITTED USES of SECTION 18: CENTRAL AREA
COMMERCIAL ZONE (C.A.C.), those lands shown as "C.A.C./S-6" on Schedule "A", and more particularly
described as being Lot 21, Registrar's Compiled Plan No. 1300, shall only be used for a parking lot.
S-7
N/A
Creighton East
Notwithstanding the provisions of subsection 25.1 PERMITTED USES of SECTION 25: OPEN SPACE -
CONSERVATION ZONE (OS), the existing parking lot on the lands shown as "OS/S-7" on Schedule "C", shall be
permitted as an accessory use to the industrial use to the north (i.e. Valley City Mfg. Co.).
S-8
N/A
Creighton West
Notwithstanding the provisions of clause 12.5.4 DENSITY of subsection 12.5 REGULATIONS FOR GROUP
DEVELOPMENT of SECTION 12: LOW DENSITY MULTIPLE DWELLING ZONE (RM1), the maximum number
of units permitted on those lands shown as "RM1/S-8" on Schedule "D" shall be twenty-seven.
Page 2
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-9
N/A
Spencer Creek
Notwithstanding the provisions of SECTION 12: LOW DENSITY MULTIPLE DWELLING ZONE (RM1), the
following special provisions shall apply to those lands shown as "RM1/S-9" on Schedule "L":
1.
The minimum lot frontage shall be 22.5 m.
2.
The maximum number of dwelling units shall be fourteen.
3.
There shall be erected and maintained a closed board fence having a minimum height of 1.7 m along the
perimeter of the lands, except for that portion of the said lands along the 22.5 m frontage on Brock Street and
the portion of land at the north-west corner of Brock and Hatt Streets running in a westerly direction a distance
of 86.5938 m.
S-10
N/A
Creighton East
1.
Notwithstanding the provisions of subsection 28.1 PERMITTED USES, and subclauses 28.2.1.2 SIDE YARD,
28.2.1.3 REAR YARD of SECTION 28: PUBLIC AND PRIVATE SERVICE ZONE (PPS), the following special
provisions shall apply to those lands shown as "PPS/S-10" on Schedule "C":
1.1
Only a church and accessory buildings and uses to the foregoing shall be permitted.
1.2
The minimum required side yard between any building or structure and the westerly property line
shall be 12.19 m.
1.3
The minimum required yard between any building or structure and the boundary of the OPEN
SPACE - CONSERVATION ZONE (OS) shall be 7.5 m.
2.
Notwithstanding the provisions of subclause 7.12.4.2 of clause 7.12.4 PUBLIC AND INSTITUTIONAL
USES of subsection 7.12 OFF-STREET PARKING REQUIREMENTS of SECTION 7: OFF-STREET
PARKING AND LOADING, and SECTION 26: OPEN SPACE - CONSERVATION ZONE (OS), the
following special parking provisions shall apply to those lands shown as "PPS/S-10" and "OS/S-10" on
Schedule "C":
Page 3
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
2.1
Accessory parking for the principal use shall be permitted in the PUBLIC AND PRIVATE SERVICE
ZONE (PPS) and the OPEN SPACE - CONSERVATION ZONE (OS), on the basis of at least 1
parking space for every 4.5 persons designed capacity of the church sanctuary or assembly area
for worship.
2.2
No vehicle parking area shall be located closer to the easterly lot line than 6.1 m nor closer to a
public highway than 7.5 m.
2.3
No vehicle parking area shall be permitted within the minimum required side yard stipulated in
subsection 1.2 above.
S-11
Deleted
Highland Hills
Notwithstanding the provisions of SECTION 8: SINGLE-DETACHED RESIDENTIAL ZONE
by 4429-98 East
(R1), those lands shown as "R1/S-11" on Schedule "G" may be used as a home for handicapped children subject
to the following special provisions:
1. The number of handicapped children residing in the building shall be limited to 22.
2. The minimum lot area shall be as existing.
3. No addition or extension to the existing building shall be permitted.
4. Development on the lands shall be subject to SITE PLAN CONTROL.
5. The building shall revert to a single-detached dwelling use when the Dr. Rygiel Home no longer requires the
use of the building.
6. No severances shall be permitted from the property during its use as Dr. Rygiel's home.
S-12
3334-82
University
Notwithstanding the provisions of subsection 16.3 REGULATIONS FOR APARTMENTS IN
Gardens
IN MIXED-USE BUILDINGS of SECTION 16: NEIGHBOURHOOD COMMERCIAL ZONE (C.N.), the following
provisions shall apply to Lot 176 on Registered Plan 856, shown as "C.N/S-12" on Schedule "O":
Page 4
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
1. In addition to the two existing dwelling units located on the second storey of the existing building, one
additional dwelling unit shall be permitted on the first storey of the existing building at the rear of the
commercial use, as an accessory dwelling unit, for the use of the proprietor of the first storey commercial use.
2. The Maximum Permitted Floor Area of the first storey dwelling unit shall be 65 sq.m.
3. One off-street parking space for the first storey dwelling unit shall be provided in either the side yard or the
rear yard.
S-13
N/A
Central Business
District
Notwithstanding the provisions of clauses 12.5.3 HEIGHT, 12.5.4 DENSITY AND 12.5.7 MINIMUM DISTANCE
SEPARATION of subsection 12.5 REGULATIONS FOR GROUP DEVELOPMENT of SECTION 12: LOW
DENSITY MULTIPLE DWELLING ZONE (RM1), the following special provisions shall apply to those lands shown
as "RM1/S-13" on Schedule "A".
1. The maximum building height shall be 13.5 m.
2. The maximum number of dwelling units on the lot shall be 28.
3. The minimum distance between the exterior walls of two or more buildings on the lot shall be 7.6 m.
S-14
N/A
Central Business
District
Notwithstanding the provisions of clauses 18.3.1 LOCATION, 18.3.2 YARD REQUIREMENTS and18.3.3 GROSS
FLOOR AREA of subsection 18.3 REGULATIONS FOR RESIDENTIAL COMMERCIAL BUILDINGS of SECTION
18: CENTRAL AREA COMMERCIAL ZONE, (C.A.C.), and subsections 7.8 ENCROACHMENT INTO YARDS,
7.12
OFF-STREET PARKING SPACE REQUIREMENTS,
7.13
OFF-STREET LOADING SPACE
REQUIREMENTS and 7.14 DIMENSIONS FOR THE DESIGN OF PARKING AREAS of SECTION 7: OFF-
STREET PARKING AND LOADING, the following special requirements shall apply to those lands shown as
"C.A.C/S-14" on Schedule "A":
1. Residential uses shall be permitted within the first storey of the proposed building.
2. The minimum southerly side yard adjacent to the residential "R4" Zone shall be 0.15 metres for the parking
garage structure and 3.96 metres for the residential-commercial building.
Page 5
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
3. The minimum rear yard for the parking garage structure shall be 1.8 metres.
4. A minimum of 116 square metres of commercial floor space shall be provided.
5. The surface parking spaces shall be not less than 3.0 metres in width nor less than 5.3 metres in length and
the manoeuvring area shall be not less than 3.0 metres in width nor less than 5.3 metres in length.
S-15
N/A
Spencer Creek
Notwithstanding the provisions of subsection 21.1 PERMITTED USES of SECTION 21: LIGHT INDUSTRIAL ZONE
(I.L) and subsection 22.1 PERMITTED USES of SECTION 22: GENERAL INDUSTRIAL ZONE (I.G), the existing
building on those lands shown as "I.L/S-15" and "I.G/S-15" on Schedule "L" may be used for the manufacture of
garden chemicals.
S-16
N/A
Central Business
District
Notwithstanding the provisions of subsection 18.1 PERMITTED USES of SECTION 18: CENTRAL AREA
COMMERCIAL ZONE (C.A.C.), the existing uses shall be permitted within the existing building situated on the
lands shown as "C.A.C./S-16" on Schedule "A".
S-17
N/A
Central Business
District
Notwithstanding the provisions of subsection 18.1 PERMITTED USES and clause 18.2.4 OFF-STREET
PARKING of SECTION 18: CENTRAL AREA COMMERCIAL ZONE (C.A.C.), the following special provisions
shall apply to those lands shown as "C.A.C-FP/S-17" on SCHEDULE "A":
1. Only a retail kitchen and bath display centre shall be permitted within the existing building on the subject
lands.
2. Only the uses referred to in clause (1) shall be exempt from minimum parking requirements applicable to the
subject lands.
S-18
4066-93
Pleasant View
Deleted. See S-59.
S-19
N/A
Central Business
1. "RM4-FP/S-19"
District
Notwithstanding the provisions of subclauses 15.2.2.2 SIDE YARD and 15.2.2.3 REAR YARD of clause
15.2.2 YARD REQUIREMENTS, and Clauses 15.2.3 HEIGHT and 15.2.4 DENSITY of Subsection 15.2
REGULATIONS FOR APARTMENTS of SECTION 15: HIGH DENSITY MULTIPLE DWELLING ZONE
Page 6
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(RM4), and clause 3.2.52 "LOT LINE, FRONT" of SECTION 3: DEFINITIONS, the following special
provisions shall apply to those lands shown as "RM4-FP/S-19" on SCHEDULE "A":
1.1 The minimum side yard shall be 3.35 m.
1.2 The density of development shall not exceed 150 units per ha.
1.3 The maximum building height shall be 16.76 m.
1.4 The front lot line shall be deemed to be the lot line which abuts Dundas Street.
2. "RM1-FP/S-19"
Notwithstanding the provisions of Subsection 12.1 PERMITTED USES, and Subclause 12.3.1.1 LOT
FRONTAGE of Clause 12.3.1 AREA REQUIREMENTS, and Subclauses 12.3.2.2 SIDEYARD and 12.3.2.3
REAR YARD of Clause 12.3.2 YARD REQUIREMENTS, and Clause 12.3.4 DENSITY of Subsection 12.3
REGULATIONS FOR MAISONETTE DWELLINGS AND TOWNHOUSE DWELLINGS, and Subclause
12.5.1.1 LOT FRONTAGE of Clause 12.5.1 AREA REQUIREMENTS, and Subclause 12.5.2.2. SIDE YARD
of Clause 12.5.2 YARD REQUIREMENTS, and Clause 12.5.7 ii) MINIMUM DISTANCE SEPARATION of
Subsection 12.5 REGULATIONS FOR GROUP DEVELOPMENT of SECTION 12: LOW DENSITY
MULTIPLE DWELLING ZONE (RM1), the following special provisions shall apply to those lands shown as "RM1-
FP/S-19" on SCHEDULE "A":
2.1 In addition to other permitted uses, one semi-detached dwelling shall be permitted.
2.2 The minimum lot frontage shall be 18.30 m.
2.3 A minimum side yard of 6.0 m shall be provided along the easterly property line.
2.4 A minimum side yard of 15.24 m shall be provided along the westerly property line.
2.5 The maximum number of units permitted on the site shall be 37 units per ha.
Page 7
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-20
S-20a
N/A
3608-86
Central Business
District
Notwithstanding the provisions of Clauses 18.3.6 FLOOR AREA and 18.3.4 OFF-STREET PARKING
of Subsection 18.3 REGULATIONS FOR RESIDENTIAL COMMERCIAL BUILDINGS
of SECTION 18: CENTRAL AREA COMMERCIAL ZONE (C.A.C.), the following special provisions shall apply to
those lands shown as "C.A.C./S-20" on SCHEDULE "A".
1. The minimum floor area per dwelling unit shall be 48.0 sq.m., and the number of dwelling units shall not
exceed 12.
2. A minimum of 14 parking spaces shall be provided and may be located off-site.
S-21
N/A
4299-96
Central Business
District
Notwithstanding the provisions of Subsection 11.1 of SECTION 11: - LOW DENSITY
RESIDENTIAL ZONE (R4), the following uses shall be permitted within the existing building
on lands located at 15 Baldwin Street shown as "R4/S-21" on SCHEDULE "A":
(a) Offices of lawyers and notaries;
(b) Insurance and real estate agents;
(c) Offices of Health practitioners;
(d) Accounting and bookkeeping services;
(f) Property Management Business;
(g) General Business Offices; and,
(h) Residential in a Commercial Building.
2.6 The distance between buildings on the lot between two exterior walls, one of which contains windows to
habitable rooms, shall be a minimum of 4.0 m.
(e) Offices of physicians, surgeons and dentists;
Page 8
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-22
N/A
Dundas West
(i) An Adult Education Day Facility for developmentally challenged adults.
Notwithstanding the provisions of Clauses 14.2.2.1 FRONT YARD and 14.2.2.2 SIDE YARD of Clause 14.2.2
YARD REQUIREMENTS, and of Subsection 14.2.4 DENSITY and 14.2.5 FLOOR AREA of Subsection 14.2
REGULATIONS FOR APARTMENT BUILDINGS of SECTION 14: MEDIUM DENSITY MULTIPLE DWELLING
ZONE (RM3), and Subclause 7.12.1.5 APARTMENT BUILDINGS of Clause 7.12.1 RESIDENTIAL USES of
Subsection 7.12 OFF-STREET PARKING AND LOADING, the following special provisions shall apply to those lands
shown as "RM3/S-22" on SCHEDULE "F".
1. That a minimum front yard of 16.5 m shall be provided.
2. That a minimum southerly side yard of 27.0 m shall be provided from the right-of-way of the Toronto Hamilton
and Buffalo Railway.
3. That a maximum of 40 dwelling units shall be permitted.
4. That the minimum floor area for a dwelling unit shall be 46.0 sq.m.
5. That a minimum of 1.0 parking space per dwelling unit shall be provided.
S-23
N/A
Colborne
Neighbourhood
Notwithstanding the provisions of Subsection 9.1 PERMITTED USES of SECTION 9: SINGLE -
DETACHED RESIDENTIAL ZONE (R2), the following special provisions shall apply to those lands shown as
"R2/S-23" on SCHEDULE "B".
1. The ground floor of the existing dwelling may be used as a law office, provided that a minimum of four parking
spaces shall be provided and maintained on the lot for the law office use.
S-24
N/A
Central Business
District
Notwithstanding the provisions of Subclauses 9.2.1.1 LOT AREA and 9.2.1.2 LOT FRONTAGE
of Clause 9.2.1 AREA REQUIREMENTS of Subsection 9.2 REGULATIONS FOR SINGLE-
DETACHED DWELLINGS of SECTION 9: SINGLE-DETACHED RESIDENTIAL ZONE (R2), the following special
provisions shall apply to those lands shown as "R2-FP/S-24" on SCHEDULE "A":
Page 9
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-24
4373-97
Central Business
1. The minimum lot area shall be 426.0 sq.m.
2. The minimum lot frontage shall be 11.28 m.
An office for a non-profit institutional use within the existing building at 34 Dundas Street is permitted with a
District
minimum of 4 car parking spaces in the rear yard and a screen fence on the eastern property boundary set
back 6 metres from the front lot line. The vehicular access way to the parking is permitted within 3 metres of
the eastern property line notwithstanding a 3 metre setback generally required in Section 7.3.4"
S-25
N/A
Central Business
District
Notwithstanding the provisions of subclauses 13.2.2.2, SIDE YARD and 13.2.2.3 REAR YARD
of clause 13.2.2 YARD REQUIREMENTS, and clauses 13.2.3 HEIGHT, 13.2.4 DENSITY and
13.2.7 LANDSCAPING REQUIREMENTS of subsection 13.2 REGULATIONS FOR APARTMENT BUILDINGS of
SECTION 13: LOW DENSITY MULTIPLE DWELLING ZONE (RM2); and clause 7.1.2 of subsection 7.1
LOCATION of SECTION 7: OFF STREET PARKING AND LOADING; and clause 3.2.42 LANDSCAPED AREA of
SECTION 3: DEFINITIONS, the following special provisions shall apply to those lands shown as "RM2/S-25" on
SCHEDULE "A":
1) A maximum of 50 dwelling units shall be permitted in the existing building.
2) A minimum of 25% of the site shall be landscaped area.
3) "Landscaped Area" shall include the provision of a roof deck area.
4) A minimum 1.0 m wide landscaped area shall be provided along the front lot line (Main Street).
S-26
N/A
Central Business
District
Notwithstanding the provisions of Subsection 18.1 PERMITTED USES of SECTION 18:
CENTRAL AREA COMMERCIAL ZONE (C.A.C.), a paint and auto body repair shop shall be
permitted within the existing building situated at No. 16 Foundry Street, shown as "C.A.C./S-26" on Schedule "A". In
the event of the total destruction of the existing building, it may be replaced by a building having, as a
maximum, the same external dimensions as the existing building.
Page 10
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-27
3666-87
Central Business
District
Notwithstanding the provisions of Subsection 18.1 of SECTION 18: - CENTRAL AREA
COMMERCIAL ZONE (C.A.C.), a custom woodworking workshop shall be permitted with a
maximum of three (3) persons employed, including the proprietor, on lands located at 59 - 61 King Street West,
shown as "C.A.C./S-27" on Schedule "A".
S-28
3666-87
Central Business
District
Notwithstanding the provisions of Subsection 19.2 of SECTION 19: - HIGHWAY COMMERCIAL
ZONE (C.H.), the following special provisions shall apply to any future development and/or
redevelopment of lands located at 124, 140 and 150 King Street East, shown as "C.H-FP/S-28" on Schedule "A".
1. There shall be provided a buffer strip having a minimum width of 4.5 m abutting the rear property line.
2. There shall be provided within the buffer strip a visual barrier not exceeding 1.8 m in height.
S-28A
3666-87
Central Business
District
District
Notwithstanding the provisions of Subsection 19.1 of SECTION 19: - HIGHWAY COMMERCIAL
ZONE (C.H.), the existing moving and storage use and building shall be permitted on lands located
at 140 King Street East, shown as "C.H-FP/S-28A" on Schedule "A" subject to the following special provisions:
(a) The minimum number of on-site parking shall be seven (7) spaces; and,
(b) No side yard shall be required from the easterly lot line.
S-29
3666-87
Central Business
District
Notwithstanding the provisions of Subsection 18.1 of SECTION 18: - CENTRAL AREA
COMMERCIAL ZONE (C.A.C.), the existing building supply and lumber store shall be
permitted on lands located at 133 - 137 King Street West, shown as "C.A.C/S-29" on Schedule "A".
S-30
3666-87
Colborne
Notwithstanding the provisions of Subsection 9.1 of SECTION 9: SINGLE-DETACHED RESIDENTIAL ZONE
(R2), a heating and air-conditioning shop shall be permitted on lands located at 361 King Street West, shown as
"R2/S-30" on Schedule "B".
S-31
3666-87
Central Business
District
Notwithstanding the provisions of Subsection 11.1 of SECTION 11: - LOW DENSITY
RESIDENTIAL ZONE (R4), the following uses shall be permitted within the existing building on
lands located at 16 York Street, shown as "R4/S-31" on Schedule "A":
Page 11
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(a) Electrical Contractor;
(b) Offices of lawyers and notaries;
(c) Insurance and real estate agents;
(d) Offices of health practitioners;
(e) Accounting and bookkeeping services;
(f) Offices of physicians, surgeons and dentists;
(g) General business offices; and,
(h) Residential in a commercial building to a maximum of four (4) separate dwelling units.
S-32
3666-87
Sydenham
Notwithstanding Clause 11.7.5 MINIMUM DISTANCE SEPARATION of Subsection 11.7 REGULATIONS FOR
RETIREMENT HOMES of SECTION 11: LOW DENSITY RESIDENTIAL ZONE (R4), a "Retirement Home" shall be
permitted on the lands located at 53 Park Street West, shown as "R4/S-32" on Schedule "M".
S-33
3666-87
Sydenham
Notwithstanding Clause 11.7.5 MINIMUM DISTANCE SEPARATION of Subsection 11.7 REGULATIONS FOR
RETIREMENT HOMES of SECTION 11: LOW DENSITY RESIDENTIAL ZONE (R4), a "Retirement Home" shall be
permitted on the lands located at 12 Melville Street, shown as "R4/S-33" on Schedule "M".
S-34
3666-87
Central Business
District
Notwithstanding the provisions of Subsection 18.1 PERMITTED USES and 18.2 REGULATIONS
FOR COMMERCIAL USES of SECTION 18: CENTRAL AREA COMMERCIAL ZONE (C.A.C.),
The following special provisions shall apply to those lands located at 21 Hatt Street, shown as "C.A.C./S-34" on
Schedule "A".
1. A retirement home for a maximum of 42 residents shall be permitted within the existing building, including the
proposed stairwell extension.
Page 12
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
2. The minimum radial separation distance shall be 90 metres.
3. A closed board fence of 1.8 m in height shall be provided along: the northerly lot line; the westerly lot line,
excluding that portion within 8.2 m of the front lot line; and the easterly lot line where the parking area, except
for access, abuts the street line.
S-35
3681-87
York Road
Notwithstanding the provisions of:
1) Clause 9.3.3. SETBACK FROM REAR LOT LINE of Subsection 9.3 REGULATIONS FOR
ACCESSORY BUILDINGS AND STRUCTURES of SECTION 9: SINGLE-DETACHED
RESIDENTIAL ZONE (R2), the following special provision shall apply to the lands shown as R2/S-35 on
SCHEDULE "Q":
i)
No building or structure, except a fence, shall be located less than 7.6 metres from the "top of bank" as
shown in By-law 3681-87.
2) SECTION 9: SINGLE-DETACHED RESIDENTIAL ZONE (R2), the following special provision shall apply to
the lands within the area shown as R-2/S-35 on SCHEDULE "Q":
S-36
3697-87
York Heights
i)
No development shall be permitted below the "top of bank" as shown in By-law 3681-87.
The provisions of Sub-clause 9.2.1.2. LOT FRONTAGE of Clause 9.2.1 AREA REQUIREMENTS of Subsection
9.2 REGULATIONS FOR SINGLE-DETACHED DWELLINGS of SECTION 9:
SINGLE-DETACHED
RESIDENTIAL ZONE (R2) shall not apply to the lands shown as "R2/S-36" on SCHEDULE "P".
S-37
3742-88
Sydenham
Notwithstanding the provisions of SUBSECTION 12.1 PERMITTED USES and Clause 12.5.4 REGULATIONS FOR
GROUP DEVELOPMENT of SECTION 12: LOW DENSITY MULTIPLE DWELLING ZONE (RM1), only Group
Townhouse Dwellings having a maximum of 50 units shall be permitted on those lands shown as "RM1/S-
37" on SCHEDULE "M".
Page 13
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-38
3742-88
Colborne
Sydenham
Notwithstanding the provisions of SUBSECTION 10.1 PERMITTED USES, of SECTION 10:
LOW DENSITY RESIDENTIAL ZONE (R3), only Semi-Detached Dwellings shall be permitted on the lands shown
as "R3/S-38" on SCHEDULES "B" and "M".
S-39
3742-88
Colborne
Notwithstanding the provisions of Subclause 9.2.2.3 REAR YARD, of Clause 9.2.2 YARD REQUIREMENTS and
Clause 9.2.1 AREA REQUIREMENTS of Subsection 9.2 REGULATIONS FOR SINGLE-DETACHED
DWELLINGS of SECTION 9: SINGLE-DETACHED RESIDENTIAL ZONE (R2) and Clause 3.2.48 LOT DEPTH of
Subsection 3.2 DEFINITIONS of SECTION 3: DEFINITIONS, the following provisions shall apply to those lands
shown as "R2/S-39" on SCHEDULES "B" and "M":
(1) Lot Depth
Every lot shall have a minimum lot depth of 30.0 metres as measured from the front lot line to the top-of-bank
as determined by an Ontario Land Surveyor.
S-40
3757-88
York Road
Notwithstanding the requirements of Clause 9.2.2.3 REAR YARD of Subsection 9.2 REGULATIONS FOR SINGLE-
DETACHED DWELLINGS and Clause 9.3.3 SETBACK FROM REAR LOT LINE of Subsection 9.3
REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES of SECTION 9: SINGLE-DETACHED
RESIDENTIAL ZONE (R2), the following special provisions shall apply to the lands within the area shown as
Block "4":
(i) No building or structure, except a fence, shall be located below top of bank or less than 7.6 metres from the
"top of bank" as defined on the attached map designated as Schedule "B".
S-41
3781-89
Colborne
Notwithstanding the provisions of Subsection 9.1 PERMITTED USES of SECTION 9: SINGLE-DETACHED
RESIDENTIAL ZONE (R2), the following special provisions shall apply to those lands located at 361 King Street
West, shown as "R2/S-41" on Schedule "B":
(1) The following uses shall be permitted within the existing building:
(a)
A heating and air conditioning shop;
(b)
Offices of lawyers and notaries:
Page 14
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(c)
Insurance and real estate agents;
(d)
Offices of health practitioners;
(e)
Accounting and bookkeeping services;
(f)
Offices of physicians, surgeons and dentists.
(2) A one storey addition for only a double private garage to allow the loading and unloading of vehicles in
connection with the existing business shall be permitted in the rear yard, provided that the following yards are
maintained:
(a)
A minimum easterly side yard setback of 3.9 m;
(b)
A minimum westerly side yard setback of 7.0 m from Bond Street;
(c)
A minimum rear yard setback of 3.0 m.
(3) A visual barrier not less than 1.2 m in height and not greater than 2.0 m in height and a minimum 3.0 m wide
buffer strip shall be provided and maintained along the easterly side lot line.
S-41a
3766-88
Central Business
District
(i) Notwithstanding Subsection 13.1 PERMITTED USES of SECTION 13: LOW DENSITY MULTIPLE
DWELLING ZONE (RM2), group development shall be permitted.
(ii) Notwithstanding subclause 13.2.2.2 SIDE YARD Clause 13.2.2 YARD REQUIREMENTS of subsection 13.2
REGULATIONS FOR APARTMENT BUILDINGS of SECTION 13: LOW DENSITY MULTIPLE DWELLING
ZONE (RM2), the minimum required side yard shall be 7.5 m, except that where no window of a habitable room
overlooks a side yard the yard may be reduced to 3.0 m.
(iii) Notwithstanding clauses 13.2.3 HEIGHT, 13.2.4 DENSITY and 13.2.7 LANDSCAPING REQUIREMENTS of
subsection 13.2 REGULATIONS FOR APARTMENT BUILDINGS of SECTION 13: LOW DENSITY
MULTIPLE DWELLING ZONE (RM2), the maximum building height shall be 11.5 m, the maximum number of
Page 15
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
dwelling units shall be 40, and the minimum landscaped area shall be 50% of the site area including Block
"2".
(iv) Notwithstanding clause 13.2.6 OFF-STREET PARKING AND LOADING of subsection 13.2 REGULATIONS
FOR APARTMENT BUILDINGS of SECTION 13: LOW DENSITY MULTIPLE DWELLING ZONE (RM2), the
required parking for each dwelling unit shall be one space; and subsection 7.13 OFF-STREET LOADING
SPACE REQUIREMENTS of SECTION 7: OFF-STREET PARKING AND LOADING shall not apply.
(v) Notwithstanding SECTION 13: LOW DENSITY MULTIPLE DWELLING ZONE (RM2) the following additional
provisions shall apply:
1)
FENCING
A solid fence not less than 1.5 m in height nor greater than 2.0 m in height shall be provided and
maintained along the full length of the easterly lot line between Hatt Street and Spencer Creek.
2)
MINIMUM DISTANCE SEPARATION BETWEEN BUILDINGS
2.1
Between two exterior walls which contain no windows to habitable rooms, the minimum
separation between buildings shall be 3.5 m.
2.2
Between two exterior walls, one of which contains windows to a habitable room, the minimum
separation between buildings shall be 9.0 m.
2.3
Between two exterior walls both of which contain windows to a habitable room, the minimum
separation between buildings shall be 15.0 m.
S-42
3822-89
Spencer Creek
Notwithstanding the provisions of Subsection 9.1 PERMITTED USES of SECTION 9: SINGLE-DETACHED
RESIDENTIAL ZONE (R2), the following special provision shall apply to those lands shown as "R2/S-42" on
Schedule "L":
1. The following use shall also be permitted:
Page 16
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
a)
A semi-detached dwelling, subject to compliance with the regulations of Subsection 10.3
REGULATIONS FOR SEMI-DETACHED DWELLINGS of SECTION 10: LOW DENSITY RESIDENTIAL
ZONE (R3) of Zoning By-law No. 3581-86, except that Subclause 10.3.1.2 LOT FRONTAGE shall not
apply.
S-43
3829-89 York Road Notwithstanding the provisions of Clauses 9.4.3 SETBACK FROM SIDE LOT LINE or 9.4.3 SETBACK FROM
REAR LOT LINE of Subsection 9.4 REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES and
Clauses 9.2.2.2 SIDE YARD and 9.2.2.3 REAR YARD of Subsection 9.2 REGULATIONS FOR SINGLE
DETACHED DWELLINGS and Clauses 9.3.2.2 SIDE YARD and 9.3.2.3 REAR YARD of Subsection 9.3
REGULATIONS FOR RETIREMENT HOMES of SECTION 9: SINGLE DETACHED RESIDENTIAL ZONE (R2),
the following special provision shall apply to the lands within the area shown as Block "B":
(i) No building or structure, except a fence, shall be located less than 7.6 meters from the "top of bank" as
shown on the attached Schedule "A".
S-44
3839-89
Pleasant Valley
Notwithstanding the provisions of:
East
(1) Clauses 9.1.1 and 9.1.2 of Subsection 9.1 PERMITTED USES of SECTION 9 SINGLE-DETACHED
RESIDENTIAL ZONE (R-2), the following special provisions shall apply to the lands within the area shown as
Block "B" on the attached Schedule "A":
(i)
No building or structure or use except accessory buildings, structures and uses shall be permitted.
S-45
3840-89
Central Business
Notwithstanding the provisions of:
District
(1) Subsection 11 - HEALTH AND SOCIAL SERVICES INDUSTRIES of SECTION 20: USES
PERMITTED IN COMMERCIAL ZONES, the following use shall be permitted on the lands as shown on
Schedule "A" attached hereto:
(i)
Ambulance Services
8631
Page 17
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(2) Clause 7.12.2.5 of Subsection 7.12 OFF-STREET PARKING SPACE REQUIREMENTS of SECTION 7: OFF-
STREET PARKING AND LOADING, the following special provision shall apply to the lands as shown on
Schedule "A" attached hereto:
(i)
Ambulance Services 1.0 space per 119.0 square meters of gross floor area.
S-46
3857-90
Central Business
A) Notwithstanding the provisions of SECTION 10: LOW DENSITY RESIDENTIAL ZONE (R3), the following
District
special provisions shall apply to those lands shown as "R3/S-46" on Schedule "A":
1)
Notwithstanding the provisions of Clause 10.1.4 - A RETIREMENT HOME of Subsection 10.1 -
PERMITTED USES, the following shall also be permitted:
(a) A retirement home including one dwelling unit for occupancy only by the owner or an employee of
the retirement home.
2)
Notwithstanding the provisions of Subclause 10.5.6 - OFF STREET PARKING AND LOADING of
Subsection 10.5 - REGULATIONS FOR RETIREMENT HOMES, a minimum of seven parking spaces shall
be provided on-site.
4348-97
Central Business
District
B) A physicians' clinic with a minimum of 8 car parking spaces."
S-47
3863-90
Dundana West
Notwithstanding the provisions of SECTION 8: SINGLE-DETACHED RESIDENTIAL ZONE (R1), the following
provision shall apply to those lands shown as "R1/S-47":
a) Notwithstanding Clause 8.2.2 YARD REQUIREMENTS of Subsection 8.2 - REGULATIONS FOR SINGLE-
DETACHED DWELLINGS, no building or structure shall be located less than 7.62 m from the "top-of-bank".
S-48
3866-90
4485-99
Creighton West
Notwithstanding the provisions of SECTION 9: SINGLE-DETACHED RESIDENTIAL ZONE (R2), the following
provisions shall apply to those lands shown as "R2/S-48":
Page 18
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(1) Notwithstanding the provisions of Clause 9.3.2 - YARD REQUIREMENTS of Subsection 9.3 -REGULATIONS
FOR RETIREMENT HOMES, no building or structure shall be located less than 7.62 m from the boundary of
Block "2" abutting Block "3".
(2) Notwithstanding the provisions of Clause 9.3.7 ACCOMMODATION of Subsection 9.3 REGULATIONS FOR
RETIREMENT HOMES, the maximum number of residents shall not exceed 80.
(3) A minimum of 197 sq.m. of Indoor Amenity Space shall be provided.
(4) For the purposes of this By-law, "Indoor Amenity Space" shall include, but not be limited to, the following:
(a)
Library;
(b)
Entertainment Room;
(c)
Fitness Area/Whirlpool;
(d)
Craft Centre; and
(e)
Attached Greenhouse.
(5) Only one (1) vehicular access driveway shall be provided from Governor's Road.
S-49
3892-90
Central Business
District
Notwithstanding the provisions of SECTION 13: LOW DENSITY MULTIPLE DWELLING ZONE (R SQ.M.),
the following provision shall apply to those lands shown as "RM2/S-49":
(a) Notwithstanding Subsection 13.1 - PERMITTED USES, the lands shall only be used for amenity
space/landscaped area in conjunction with the lands to the east.
S-50
S-50A
3911-90
3982-91
Central Business
District
Notwithstanding the provisions of SECTION 18: CENTRAL AREA COMMERCIAL ZONE (C.A.C.),
the following variances and special requirements shall apply to those lands shown as "C.A.C./S-50" on
SCHEDULE "A":
i)
Notwithstanding Section 18.1 - PERMITTED USES and SECTION 20:
USES PERMITTED IN
COMMERCIAL ZONES, two apartment buildings having a total of 62 dwelling units shall also be permitted;
ii) For the purposes of this By-law, the regulations as contained in Subsection 18.3 - REGULATIONS FOR
RESIDENTIAL - COMMERCIAL BUILDINGS shall apply to the apartment buildings;
Page 19
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
iii) Clause 18.3.1 - LOCATION of Subsection 18.3 - REGULATIONS FOR RESIDENTIAL - COMMERCIAL
BUILDINGS shall not apply to the buildings fronting on Main Street and Ogilvie Street;
iv) Subclause 18.3.2.1 - FRONT YARD of Clause 18.3.2 YARD REQUIREMENTS of Subsection 18.3 -
REGULATIONS FOR RESIDENTIAL - COMMERCIAL BUILDINGS shall not apply;
v) Subclause 18.3.2.2. - SIDE YARD of Clause 18.3.2 - YARD REQUIREMENTS of Subsection 18.3 -
REGULATIONS FOR RESIDENTIAL - COMMERCIAL BUILDINGS shall not apply;
vi) Notwithstanding Clause 18.3.3 - GROSS FLOOR AREA of Subsection 18.3 - REGULATIONS FOR
RESIDENTIAL - COMMERCIAL BUILDINGS a minimum of 14.8% of the gross floor area shall be used for
commercial purposes;
vii) Notwithstanding Clause 18.3.4 - HEIGHT of Subsection 18.3 - REGULATIONS FOR RESIDENTIAL -
COMMERCIAL BUILDINGS, the following height limitations shall apply;
1)
the building fronting on King Street West shall not exceed a maximum height of 10.4 m;
2)
the buildings fronting on Ogilvie and Main Street shall not exceed a maximum height of 12.4 m.
viii) Notwithstanding Clause 18.3.8 - LANDSCAPED AREA of Subsection 18.3 - REGULATIONS FOR
RESIDENTIAL - COMMERCIAL BUILDINGS, a minimum of 541 sq.m. of landscaped area shall be provided at
grade;
ix) A minimum of two loading spaces having minimum dimensions of 9.0 m x 3.7 m x 4.3 m shall be provided
and maintained;
x) A minimum 1.5 m wide landscaped strip shall be provided and maintained along the southerly lot line;
xi) A visual barrier not less than 1.2 m in height and not more than 2.0 m in height shall be provided and maintained
along the southerly lot line.
Page 20
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Notwithstanding the provisions of Subsection 18.1 - PERMITTED USES of SECTION 18 - CENTRAL AREA
COMMERCIAL ZONE (C.A.C.) and SECTION 20 - USES PERMITTED IN COMMERCIAL ZONES the following
uses shall also be permitted on those lands occupied by the building known as 2 King Street West which building
fronts on King Street:
a) offices of the Regional Municipality of Hamilton-Wentworth Police;
b) offices of the Regional Municipality of Hamilton-Wentworth Health Unit;
provided that:
(i)
a minimum of 53 percent of the area of the ground (street level) floor shall be used for only those uses
permitted by Subsection 20.6 - RETAIL TRADE INDUSTRIES of SECTION 20 - USES PERMITTED IN
COMMERCIAL ZONES under the column indicated as CENTRAL AREA COMMERCIAL ZONE (C.A.C).
(ii)
not more than 47 percent of the ground (street level) floor shall be occupied for the uses set out in a)
and b) above.
(iii) the balance of any ground (street level) floor not occupied for the uses set out in a) and b) above shall
be used in accordance with the provisions of i) above.
S-51
3933-91
Dundas East
Notwithstanding the provisions of Clause 9.2.2 - YARD REQUIREMENTS of Subsection 9.2 - REGULATIONS
FOR SINGLE-DETACHED DWELLINGS of SECTION 9: SINGLE-DETACHED RESIDENTIAL ZONE (R2), the
following special provisions shall apply to those lands shown as
"R2/S-51" on Schedule "R":
(a) No building or structure, except a fence, shall be located less than 22.9 m from the "top-of-bank" as shown in
By-law No. 3933-91.
Page 21
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-52
4006-92
Highland Hills
Notwithstanding the provisions of SECTION 16: NEIGHBOURHOOD COMMERCIAL ZONE (C.N.) the
West
following provisions shall apply to those lands shown as "C.N./S-52":
a) Notwithstanding the provisions of Clause 16.1 - PERMITTED USES and SECTION 20 - USES PERMITTED
IN COMMERCIAL ZONES the following uses will also be permitted:
S.I.C. Code
Use
62
Household furniture, appliances and furnishing industries, retail;
772
Computer and related services;
776
Offices of lawyers and notaries;
9659
Martial Arts Clubs;
996
Travel Services.
b) Notwithstanding clause 16.2.1.1. - SITE AREA of clause 16.2.1 AREA REQUIREMENTS of clause 16.2 -
REGULATIONS FOR COMMERCIAL USES, a maximum site area of 0.36 hectare will be permitted.
S-53
4016-92
Spencer Creek
Notwithstanding the provisions of SECTION 12: LOW DENSITY RESIDENTIAL ZONE (RM1), the following
4395-98
special provisions shall apply to those lands shown as "RM1/S-53" on Schedule "L".
1)
Notwithstanding the provisions of Subsection 12.1 - PERMITTED USES, an apartment building containing a
total of nine maximum two-bedroom dwelling units shall be permitted within the existing structure on the
property as expanded by the addition of a 2.65 m by 10.0 m structure to the south (rear) of the existing structure.
2)
Notwithstanding the provisions of Subsection 12.2 - REGULATIONS FOR APARTMENT BUILDINGS, the
following special provisions shall be permitted:
Page 22
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
i)
Notwithstanding the provisions of Subsection 12.2.1.1 - LOT AREA of Subsection 12.2.1 - AREA
REQUIREMENTS, a minimum lot area of 750 m. sq. shall be permitted.
ii)
Notwithstanding the provisions of Subsection 12.2.1.2 - LOT FRONTAGE of Subsection 12.2.1 - AREA
REQUIREMENTS, a minimum lot frontage of 18.5 m. shall be permitted.
iii)
Notwithstanding the provisions of Subsection 12.2.2.2 - SIDE YARD of Subsection 12.2.2 - YARD
REQUIREMENTS, a minimum side yard (west) of 0.0 m shall be permitted and a minimum side yard (east)
of 2.3 m shall be permitted.
iv)
Notwithstanding the provisions of Subsection 12.2.2.3 - REAR YARD of Subsection 12.2.2 - YARD
REQUIREMENTS, a minimum rear yard of 2.3 m shall be permitted.
v)
Notwithstanding the provisions of Section 7.13.1.1, a loading bay will not be required.
vi)
Notwithstanding the provisions of Section 12.2.7.1, the minimum landscaped area will be 27%.
3) Notwithstanding the provisions of Subsection 7.1 - LOCATION of SECTION 7: OFF STREET
PARKING AND LOADING, required parking spaces will be permitted in the front yard of this apartment
building development site.
S-54
3910-90
York Heights
Notwithstanding the provisions of SECTION 9: SINGLE-DETACHED RESIDENTIAL ZONE (R2), the following
provisions shall apply to those lands shown as "R2/S-54":
a) Subclause 9.2.1.2 - LOT FRONTAGE of Clause 9.2.1 - AREA REQUIREMENTS of Subsection 9.2 -
REGULATIONS FOR SINGLE-DETACHED DWELLINGS shall not apply.
b) Notwithstanding Clause 3.2.52 - LOT LINE, FRONT of SECTION 3: DEFINITIONS, and Subclause 9.2.2.1 -
FRONT YARD of Clause 9.2.2 - YARD REQUIREMENTS of Subsection 9.2 - REGULATIONS FOR SINGLE-
DETACHED DWELLINGS, the westerly yard shall be considered the front yard and a minimum depth of
13.0 m shall be provided and maintained.
Page 23
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-54
4066-93
Guelph
Notwithstanding the provisions of SECTION 19: HIGHWAY COMMERCIAL ZONE (C.H), the following provision
shall apply to the lands located at the south-west corner of Highway No. 6 and York Road, shown as "C.H/S-54"
on Schedule "F-1":
a) Notwithstanding Subsection 19.1 - PERMITTED USES, only those uses existing at the date of the passing of
the by-law and those determined by the Committee of Adjustment to be similar to the purpose for which the
land, building or structure was used on the day the by-law was passed, shall be permitted.
S-55
S-56
4066-93
4066-93
Pleasant View
Desjardin's,
REPEALED - SEE S-101 - OMB ORDER #0442 DATED MARCH 12, 2002
Notwithstanding the provisions of SECTION 27: PUBLIC AND PRIVATE SERVICE ZONE (PPS) the following
Guelph,
Pleasant View
special provision shall apply to lands located south of Northcliffe Avenue, West of Highway No. 6, and the
properties known as Nos. 200 and 252 Old Guelph Road, shown as "PPS/S-56" on Schedules "D-1", "F-1" and
"K-1":
a) Notwithstanding Clause 27.1 - PERMITTED USES, only those uses existing at the date of the passing of the
by-law and those determined by the Committee of Adjustment to be similar to the purpose for which the land,
building or structure was used on the day the by-law was passed, shall be permitted.
S-56a 4066-93
Desjardin's,
Guelph,
Patterson,
Pleasant View,
Simcoe
i)
As permitted under the temporary use provisions of Section 39 of the Planning Act (R.S.O. 1990) for a
maximum three year period commencing on the day of the passing of this amending By-law, being the
12th day of July, 2019 and expiring on the 12fh day of July, 2022, on the land shown as "H-PPS/S-056a"
on Schedule "F-1" attached hereto, the following use shall be permitted:
a)
Within the existing building municipally known as 574 Northcliffe Avenue (Building B), a
dormitory having a maximum capacity of 138 occupants shall be permitted temporarily and only
within the building existing on the date of passing of this By-law.
b)
A Holding Symbol (H) pursuant to Section 36 of the Planning Ad, R.S.O. 1990, c.P 13 and
Subsection 4.9 of By-law No. 3581-86 is applied to the PPS Zone category as it applies to 574
Northcliffe Avenue (Building B).The permitted use in clause a) shall be limited to a maximum
capacity of 96 occupants for such time as the Holding Symbol (H) is applicable to 574 Northcliffe
Avenue (Building 'B').
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-57
4066-93
Desjardin's,
Notwithstanding the provisions of SECTION 28: PUBLIC UTILITIES ZONE (U), the following special provision
Guelph,
shall apply to lands shown as "U/S-57" on Schedules "D-1", "F-1", "I-1", "K-1" and "K-2":
Patterson,
Pleasant View,
a) Notwithstanding Clause 28.1 - PERMITTED USES, Waste Treatment Facilities shall be prohibited.
Simcoe
S-58
4066-93
Desjardin's,
Notwithstanding the provisions of Section 29A.1, 29A.2, 29A.3, 29A.4.1 and 29A4.2, the following special
Guelph,
provisions shall apply to the lands shown as "RU/S-58 EXCEPTION ZONE on Schedules D-1, F-1, I-1 and
Patterson,
K-1:
Pleasant View
1. PERMITTED USES
1.1 A single detached dwelling legally existing as of August 14, 1998;
Page 24
c)
Condition for Holding Provision Removal i) The applicant / proponent shall demonstrate and
have attained all of the necessary approvals to provide adequate services to increase the
capacity beyond 96 students to accommodate a dormitory having a maximum capacity of 138
occupants to the satisfaction of the Niagara Escarpment Commission, Director, Development
Planning and Ministry of Environment, Conservation and Parks.
d)
Notwithstanding Clause 7.3.1 - ACCESS of SECTION 7 - OFF STREET PARKING AND
LOADING an existing driveway located on lands zoned PPS/S-56 and U/S-57 shall be
permitted to be used for access to 574 Northcliffe Avenue (Building 'B').
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
1.2 A new single detached dwelling in accordance with a valid building permit issued by the Chief Building
Official prior to August 14, 1998 and the construction of which has not been completed by August 14,
1998;
1.3 A new single detached dwelling in accordance with a site plan approval granted by Council prior to
August 14, 1998 and for which a building permit has not been issued by August 14, 1998;
1.4 A new single detached dwelling in accordance with an amendment to Ontario Regulation No. 484/73 or
486/73 granted prior to August 14, 1998 by the Minister of Municipal Affairs and Housing and for which a
building permit has not yet been issued by August 14, 1998;
1.5 Accessory buildings, structures and uses.
2. REGULATIONS FOR EXISTING AND APPROVED NEW DETACHED DWELLINGS
2.1 LOT AREA
Minimum 0.8 hectares with municipal water supply
The required lot area may be larger than 0.8 hectares where deemed necessary by the agency having
jurisdiction for the approval of on-site private sewage disposal systems pursuant to the provisions of the
Environmental Protection Act, Chapter E.19, R.S.O. 1990, as amended from time to time or pursuant to
any successor legislation.
2.2 LOT FRONTAGE
Minimum
18.0 metres
2.3 YARD REQUIREMENTS
2.3.1
FRONT YARD
Minimum
6.0 metres
Page 25
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
2.3.2
SIDE YARD
Minimum
1.5 metres, except
(i) 3.5 metres where the side yard abuts the flankage street of a corner lot.
(ii) 3.0 metres where the side yard provides access to a parking area or rear yard garage.
(iii) 6.0 metres for that portion of the dwelling comprising an attached garage or carport fronting
onto the flankage street of a corner lot, and
(iv) 5.0 metres on one side of an interior lot upon which there is no garage or carport.
2.3.3
REAR YARD
Minimum
7.5 metres
2.3.4
HEIGHT
Maximum
7.5 metres
2.3.5
LOT COVERAGE
Maximum
250 square metres for all buildings
2.4 REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES
2.4.1
LOCATION
Rear yard or a non-required side yard
2.4.2
SETBACK FROM SIDE LOT LINE
Page 26
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Minimum
1.0 metres, except 6.0 metres from the flankage street of a corner lot.
2.4.3
SETBACK FROM REAR LOT LINE
Minimum
1.0 metres
2.4.4
HEIGHT
Maximum
4.0 metres
2.4.5
LOT COVERAGE
As specified in Subsection 2.3.5 above.
2.5 OFF-STREET PARKING
As specified in SECTION 7.
S-59
4066-93
Pleasant View
Notwithstanding any other provisions of this By-law, the following special provisions shall apply to the lands
municipally known as No. 85 Rosina Avenue, shown as "RU/S-59" on Schedule "K-1":
1. PERMITTED USES
1.1 Only one single detached dwelling, and
1.2 Uses, buildings or structures accessory to the foregoing permitted use shall be permitted on the subject
lands.
2. REGULATIONS FOR SINGLE DETACHED DWELLING
2.1 Minimum Front Yard
9 metres
Page 27
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
2.2 Minimum Side Yard
3 metres
2.3
Minimum Rear Yard
10 metres
2.4
Maximum Height
11 metres
2.5
Minimum Floor Area
One Storey
116 sq.m.
One and One-Half Storeys
Two to Two and One Half Storeys
139 sq.m.
158 sq.m.
3. REGULATIONS FOR ACCESSORY BUILDINGS
3.1 No accessory building or structure shall be closer to the front lot line than the single detached dwelling
on the same lot.
3.2 No accessory building or structure shall be closer than 1.8 metres to a single detached dwelling.
3.3 No accessory building or structure shall be closer than 1.2 metres to any lot line.
3.4 Maximum building height shall be 3.6 metres.
3.5 Maximum lot coverage shall be 10%.
3.6 No accessory building or structure shall be used for human habitation.
S-60
4066-93
Pleasant View
Notwithstanding any other provisions of this By-law, the following special provisions shall apply to the lands
located between 89 and 95 Best Avenue shown as "RU/S-59" on Schedule "K-1":
1. Notwithstanding Clause 3.2.55 of SECTION 3: DEFINITIONS, for purposes of this by-law, the rear lot line
shall be Old Guelph Road.
Page 28
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
2. PERMITTED USE
2.1 Only a private garage accessory to the single detached dwelling at 94 Best Avenue.
3. REGULATIONS FOR THE GARAGE
3.2
Minimum Front Yard
18.4 metres
3.3
Minimum Side Yard
1.5 metres
3.4
Minimum Rear Yard
49.6 metres
3.5 Maximum Floor Area
152 sq.m.
3.6 Maximum Height
4.5 metres.
S-60
4070-93
York Heights
Notwithstanding the provisions of SECTION 16 - NEIGHBOURHOOD COMMERCIAL ZONE (C.N), the following
shall apply to those lands shown as "C.N/S-60":
i)
Notwithstanding Subsection 16.3.1 LOCATION - a 16 unit Retirement Home may be located on the first floor
in the east portion of the commercial building shown on Schedule "A".
ii) Notwithstanding Subsection 16.4.6 OFF STREET PARKING AND LOADING - Parking may be located in the
required front yard of the commercial building shown on Schedule "A".
S-61
4093-93
4122-93
Central Business
District
i)
Notwithstanding the requirements of Clause 12.3.2.3 REAR YARD of Subsection 12.3
REGULATIONS FOR MAISONETTE DWELLINGS AND TOWNHOUSE DWELLINGS, and
Clause 12.5.2.3 REAR YARD of Subsection 12.5 REGULATIONS FOR GROUP DEVELOPMENT
a rear yard setback of 4.4 metres is permitted on the lands within the area shown as BLOCK "1".
ii) Notwithstanding the requirements of Clause 12.3.6.1 LANDSCAPED AREA of Subsection 12.3
REGULATIONS FOR MAISONETTE DWELLINGS AND TOWNHOUSE DWELLINGS, and clause
12.5.6.1 LANDSCAPED AREA, a minimum landscaped area of 40% of the site is permitted on the lands
within the area shown as Block "1".
S-62
4096-93
Highland Hills
Notwithstanding the provisions of Subsection 6.16 ONE DWELLING PER LOT of SECTION 6:
Page 29
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
East
GENERAL REGULATIONS, the following special provision shall apply to those lands located at 56 Governor's
Road, shown as "RM4/S-62" on Schedule "G":
A maximum of two apartment buildings shall be permitted on the subject lands.
S-63
4138-94
Creighton West,
i)
Notwithstanding the requirements of Clause 21.2.6.2 LOT COVERAGE of Subsection 21.2 REGULATIONS
Spencer Creek
FOR INDUSTRIAL USES, an outside storage area in excess of five percent to a maximum coverage of 100
percent of the lot area is permitted on the lands within the area shown as Block "2".
Creek
ii) Notwithstanding the requirements of Clause 21.2.6.3 SCREENING of Subsection 21.2 REGULATIONS FOR
INDUSTRIAL USES, a solid screening fence is not required around the south, east and west property lines
on
the lands within the area shown as Block "2".
S-64
4161-94
Sydenham
1. Notwithstanding the provisions of Clause 9.1 -PERMITTED USES OF SECTION 9: SINGLE-DETACHED
RESIDENTIAL ZONE (R2), the following use shall also be permitted: A second floor dwelling unit in the
existing rear accessory structure.
2. Notwithstanding the provisions of Clause 6.2.1 - USES PERMITTED of SECTION 6.2 - ACCESSORY
BUILDINGS the following uses shall be permitted:
Human Habitation solely in the second floor of the rear existing accessory structure.
Home Occupation solely in the first floor of the rear existing accessory structure.
S-65
4198-95
York
1. Notwithstanding the provisions of Subsection 12.2.2 YARD REQUIREMENTS of Section 12: LOW DENSITY
MULTIPLE DWELLING ZONE (RM1), the following special provisions shall apply:
i)
a minimum front yard setback of 6.0 metres
ii)
a minimum side yard setback of 1.9 metres
2. Notwithstanding the provisions of Subsection 7.1 LOCATION of Section 7: OFF-STREET PARKING AND
LOADING, the following provision shall apply
Page 30
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
i)
the existing parking spaces located in the front yard shall be permitted.
S-66
4219-95
Notwithstanding the requirements of Subsection 7A.2.1.2 LOT FRONTAGE of Section 7A: RURAL ESTATED
RESIDENTIAL ZONE (RER), a lot frontage pf 22.61 metres is permitted on the lands illustrated as block "1".
S-67
4224-95
4391-98
Creighton East
1. Not withstanding the requirements of Section 9.2.2.1, a minimum front yard setback of 3.0 metres is permitted
on the lands within the area shown as blocks "1", "2", "3" and "4" except for that portion of a dwelling
comprising an attached garage or carport.
2. Notwithstanding the requirements of Section 3.2.2 and 9.5, no building or structure, except a fence, shall be
permitted beyond the "Building Setback Line" as defined on Schedule "B" and as staked out in
the field within the area shown as Blocks "1", "2", "3" and "4".
3. Notwithstanding the requirements of Section 9.2.3, no building or structure shall exceed two storeys or 9.0
metres (29.5 feet) in height within the area shown as Blocks "1", "2", "3" and "4".
S-68
4235-95
Creighton West
1. Notwithstanding subsection 21.2.2.1 FRONT YARD of Section 21: LIGHT INDUSTRIAL ZONE (I.L.), a
minimum front yard setback of 0.3 metres (1ft) shall be permitted.
2. Notwithstanding subsection 7.1 LOCATION of Section 7 OFF-STREET PARKING AND LOADING, parking
shall be permitted in the front yard.
S-69
4238-95
Sobel
1. Notwithstanding the provisions of Subsection 12.5.7 MINIMUM DISTANCE SEPARATION of Section 12.5
REGULATIONS FOR GROUP DEVELOPMENT, a minimum spatial separation distance between two exterior
walls both having windows to habitable rooms between Block "1" and "2" of 7.15 metres shall apply.
2. Notwithstanding the provisions of Subsection 12.3.2 YARD REQUIREMENTS of Section 12.3
REGULATIONS FOR MAISONETTE DWELLING AND TOWNHOUSE DWELLINGS AND TOWNHOUSE
DWELLINGS, Subsection 12.5.2 YARD REQUIREMENTS of Section 12.5 REGULATIONS FOR GROUP
DEVELOPMENTS and Subsection 12.4.2 YARD REQUIREMENTS of Section 12.4 REGULATIONS FOR
STREET TOWNHOUSE DWELLINGS, the following special provisions shall apply (Refer to Schedule "B" for
illustration of Blocks and Units)
Page 31
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
i)
Front yard setback for Block 3 Condominium Townhouses of 6.0 metres.
ii)
Side yard setback for freehold townhouse unit #19, of 6.0 metres.
iii)
Side yard setback for freehold townhouse unit #18 of 5.26 metres.
iv)
Side yard setback for freehold townhouse unit #24 of 3.0 metres.
v)
Rear yard setback for freehold townhouse unit #14 of 6.5 metres.
S-70
4239-95
Sobel
Notwithstanding the provisions of clause 16.2.1.1 SITE AREA of Subsection 16.2 REGULATIONS FOR
COMMERCIAL USES, a maximum site area of 4946.6 square metres shall apply.
S-71
4252-95
Creighton West
Notwithstanding Subsection 9.2.1.2 LOT FRONTAGE of Section 9: SINGLE-DETACHED RESIDENTIAL
ZONE, a minimum lot frontage of 18.0 metres shall be required.
S-72
4262-96
Spencer Creek
1. Notwithstanding the requirements of Subsection 21.2.2: YARD REQUIREMENTS of Section 21: LIGHT
INDUSTRIAL ZONE, the following provisions shall be maintained for the principle units on each lot:
i)
Front yard setback of 5.3 metres
ii)
East and West side yard setbacks of 0.0 metres
iii)
Rear yard setback of 0.0 metres
2. Notwithstanding the requirements of Subsection 6.11.2: BUFFER STRIP of Section 6: GENERAL
REGULATIONS, the following provision for each lot shall be maintained:
i)
The existing vegetation along the east side of #334 and the south lot line of both #334 and #334A be
maintained as a buffer strip.
3. Notwithstanding the requirements of Section 7: OFF-STREET PARKING AND LOADING: the following
provisions shall be maintained for both #334 and #334A Hatt Street:
Page 32
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
i)
A minimum of 18 parking spaces shall be maintained and shared within the parking areas of both #334
and #334A Hatt Street. The 18 parking spaces are comprised of the existing parking areas located in
the front yard of #334A and #334 and the side yard (west) of #334A.
ii)
The existing parking area surface be maintained on each lot.
iii)
The existing loading space located on the east side of #334 Hatt Street be maintained.
iv)
The existing Loading Space located along the west side of #334A Hatt Street be maintained.
S-73
4302-96
Central Business
1. Notwithstanding the requirements of Subsection 18.3.1: LOCATION of Section 18.3: REGULATIONS FOR
District
RESIDENTIAL-COMMERCIAL BUILDINGS, the following provision shall be permitted:
i)
A basement apartment in the existing dwelling
2. Notwithstanding the requirements of Subsection 18.2.4.2: LOCATION of Section 18.2.4: OFF-STREET
PARKING, the following variances shall be permitted:
i)
A required rear yard parking setback of 0.7 metres.
ii)
A required side yard parking setback of 1.5 metres.
3. Notwithstanding the requirements of Section 7.4: ABUTTING A RESIDENTIAL ZONE of Section 7: OFF-
STREET PARKING AND LOADING and Subsection 6.11.2: BUFFER STRIP of Section 6.11: LANDSCAPE
REQUIREMENTS, the following variance shall be permitted:
i)
A buffer Zone setback along the easterly rear yard of 0.8 metres.
4. Notwithstanding the requirements of Section 7.14: DIMENSIONS FOR THE DESIGN OF PARKING AREAS
of Section 7: OFF-STREET PARKING AND LOADING, the following variance shall be permitted:
Page 33
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
i) Permit six, 5.0 metre in length, parking spaces.
S-74
4351-97
Creighton East
1. Notwithstanding the side yard setback requirement for the RM-3 district, a set back for the eastern side yard
shall be a minimum of 4.5 metres with balcony overhangs of a maximum of 1.2 metres.
2. Notwithstanding the front yard setback requirement for the RM-3 district, a basement garage setback shall be
a minimum of 1.7 metres.
3. Notwithstanding the side yard setback requirement for the RM-3 district, a setback for the western side yard
shall be a minimum of 6.7 metres for basement parking and 1.2 metres minimum for surface level car
parking.
4. Notwithstanding the rear yard setback for the RM-3 district, a setback for basement parking shall be a
minimum of 1.2 metres.
5. Notwithstanding the loading bay requirements for the RM-3 district, the minimum length of 13 metres for the
loading bay shall be required.
6. Notwithstanding the height limitation requirements for the RM-3 district, a roof covering roof level structures
shall be permitted with an apex level 3.5 metres above the top of the structure.
S-76
4396-98
Dundana East
1. Notwithstanding Section 13.3.2.1 the minimum lot area for 47 Osler Drive is 604 square metres and the
minimum lot area for 49 Osler Drive is 599 square metres.
2. Notwithstanding Section 13.3.2.2 the minimum lot frontage for 47 Osler Drive is 16 metres and the minimum
lot frontage for 49 Osler Drive is 15.8 metres.
S-77
4429-98
Highland Hills
1. Notwithstanding the requirements of Section 8.2, Regulations for R1 Single Detached Dwellings, the following
East
provisions for each lot shall be required:
(a) 5 Overfield Street - minimum front yard setback - 43 metres, minimum frontage for two lots fronting on
Overfield Street - 38 metres and 6 metres.
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Page 34
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(b) 7 Overfield Street - minimum front yard setback for existing house - 36 metres, minimum front yard
setback for house on new lot - 42 metres, minimum lot frontage for existing house - 50 metres,
minimum lot frontage for the two lots on Lantern Lane - 18 metres and 30 metres.
(c) 11 Overfield Street - minimum front yard setback for house - 35 metres, minimum frontage - 33 metres.
S-78
4436-98
Central Business
DEFINITION
S-79
S-80
Notwithstanding the definition of "height" of SECTION 3: DEFINITIONS, SUBSECTION 3.2: DEFINITIONS,
S-81
Clause 3.2.26 ii) HEIGHT, with reference to a building, height shall mean the vertical distance from grade to
S-82
the ceiling of the uppermost floor and, in addition to the structures identified in Clause 3.2.26 ii), shall exclude
S-83
a roof on the lands identified as CAC/S-78, CAC/S-79, RM3/S-80, H-RM3/S-81, RM3/S-81, RM4/S-82, RM4/S-83
S-84
and PR1/S-84 on Schedule A.
STREET ORIENTED COMMERCIAL FLOOR SPACE
A maximum of 1,400 square metres of street oriented commercial uses shall be permitted on the lands identified
as "CAC/S-78" and "CAC/S-79" on Schedule A.
DENSITY
A maximum of 322 dwelling units shall be permitted on the lands identified as "RM3/S-80", "RM3/S-81", "H-
RM3/S-81", "RM4/S-82" and "RM4/S-83" on Schedule A.
S-78
04-270
COMMERCIAL/OFFICE (CAC/S-78)
1. Notwithstanding the permitted uses, minimum front yard, minimum side yard, gross floor area, maximum
height and off-street parking regulations of SECTION 18: CENTRAL AREA COMMERCIAL ZONE (CAC),
Subsection 18.2 REGULATIONS FOR COMMERCIAL USES, Clauses 18.1, 18.2.1.1, 18.2.1.2, 18.2.2,
18.2,3. 18.2.4.1 the following regulations shall apply to those lands identified as CAC/S-78 on Schedule A:
(a)
Permitted Uses
SIC 1980
Page 35
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(i)
Street-oriented commercial uses limited to the following uses:
Food, Beverage and Drug Industries, Retail
60
Variety Stores
6413
Opticians' Shops
6592
Restaurants, Licenced
9211
Restaurants, Unlicenced (excluding Drive-Ins)
9212
Takeout Food Service
9213
Taverns, Bars and Night Clubs
922
Coin Operated Amusement Devices
a)
permitted only in billiard parlours and/or establishments licenced under
the Liquor Licence Act of Ontario and any other By-law of the
Corporation of the Town of Dundas permitting the same.
b)
a maximum limit of three coin operated amusement machines be provided
for each establishment licenced under the Liquor Licence Act of Ontario.
Barber and Beauty Shops
9694
971
Laundries and Cleaners limited to:
1.
Distributors and/or Agents for Dry Cleaners
9722
2.
Valet Services, Pressing and/or Repairs
9724
Other Personal and Household Services, excluding:
979
1.
Massage Parlours
9799
2.
Turkish Bath Houses
9799
Photographers
993
Travel Services
996
(ii)
Other Uses:
Veterinary Services, limited to:
1.
Pets and Small Animals except the keeping of animals outside is not permitted
0211
Project Management, Construction
441
Telecommunications Broadcasting Industries
481
Direct Sellers
692
Page 36
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Deposit Accepting Intermediary Industries
70
Consumer and Business Financing Industries
71
Investment Intermediary Industries
72
Insurance Industries
73
Other Financing Intermediary Industries
74
Employment Agencies and Personnel Services
771
Computer and Related Services
772
Accounting and Bookkeeping Services
773
Advertising Services
774
Architectural Engineering and Other Scientific and Technical Services
775
Offices of Lawyers and Notaries
776
Management Consulting Services
777
Other Business Services
779
Other Education Services
859
Child Welfare Services
8642
Family Planning Services
8643
Crisis Intervention
8648
Offices of Physicians, Surgeons, Dentists, Private Practice
865
Offices of Other Health Practitioners
866
Offices of Social Service Practitioners
867
Other Sports and Recreation Clubs limited to:
9659
1.
Athletic Clubs
2.
Boxing Clubs, Amateur
3.
Health Clubs including Health Spas and Reducing Salons
4.
Martial Arts Clubs
Business Associations
982
Professional Membership Associations
983
Labour Organizations
984
Political Organizations
985
Civic and Fraternal Organizations
986
Parking Lots and Parking Garages
9991
Accessory Buildings, Structures and Uses
N/A
Page 37
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(b)
(c)
Minimum Front Yard
Minimum Side Yard
-
2 metres.
-
No side yard shall be required; except where a side yard abuts an
industrial zone, where the minimum side yard shall be 3.0 metres.
(d)
(e)
Gross Floor Area
Maximum Height
-
The total gross floor area of all buildings on a site shall not exceed
1.20 times the lot area.
-
8 metres.
(f)
Parking and Loading
(i)
A minimum of 32 parking spaces shall be provided on-site. The remainder of the required parking
facilities shall be provided in accordance with The Planning Act, R.S.O. 1990, Chap. P.13, Section
40(1). The calculation and provisions of the parking spaces required for these lands shall be
pursuant to the regulations of Clause 18.2.4.1.
(ii)
On-street (off-site) loading shall be permitted to service these lands.
S-79
COMMERCIAL/OFFICE (H-CAC/S-79)
1. Notwithstanding the permitted uses, minimum front yard, minimum side yard, gross floor area, maximum
height and off-street parking regulations, of SECTION 18: CENTRAL AREA COMMERCIAL ZONE (CAC),
Subsection 18.2 REGULATIONS FOR COMMERCIAL USES, Clauses 18.1, 18.2.1.1, 18.2.1.2, 18.2.2,
18.2.3, 18.2.4.1 the following regulations shall apply to those lands identified as H-CAC/S-79 on the attached
Schedule A:
(a) Permitted Uses
SIC 1980
(i)
Street-oriented commercial uses limited to the following:
Food, Beverage and Drug Industries, Retail
60
Variety Stores
6413
Opticians' Shops
6592
Other Medical Related Retail
N/A
Page 38
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Restaurants, Licenced
9211
Restaurants, Unlicenced (excluding Drive-Ins)
9212
Take-Out Food Service
9213
Taverns, Bars and Night Clubs
922
Coin-Operated Amusement Devices
9694
a)
permitted only in billiard parlours and/or establishments licenced under
the Liquor Licence Act of Ontario and any other By-law of the Corporation
of the Town of Dundas permitting same.
b)
a maximum limit of three coin operated amusement machines be provided for
each establishment licenced under the Liquor Licence Act of Ontario and any
any other By-Law of the Corporation of the Town of Dundas permitting same.
Barber and Beauty Shops
971
Laundries and Cleaners limited to:
1.
Distributors and/or Agents for Dry Cleaners
9722
2.
Valet Services, Pressing and/or Repairs
9724
Other Personal and Household Services, including:
979
1.
Massage Parlours
9799
2.
Turkish Bath Houses
9799
(ii) Other Uses:
Non-Institutional Health Services, excluding
863
1.
Ambulance Services
8631
Non-Institutional Social Services
864
Offices of Physicians, Surgeons, Dentists, Private Practice
865
Offices of Other Health Practitioners
866
Offices of Social Services Practitioners
867
Medical and Other Health Laboratories
868
Health and Social Service Associations and Agencies
869
Other Sports and Recreation Clubs limited to:
9659
Page 39
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
1.
Athletic Clubs
2.
Boxing Clubs, Amateur
3.
Health Clubs, including Health Spas and Reducing Salons
4.
Martial Arts Clubs
(b)
(c)
Minimum Front Yard
Minimum Side Yard
-
2 metres including any portion of a building over 10.5 metres in
height.
-
No side yard shall be required; except where a side yard abuts an
flankage street, where the minimum side yard shall be 1.4 metres.
(d) Gross Floor Area
-
The total gross floor area of all buildings shall not exceed 2.0 times
the lot area.
(e) Maximum Height
-
12.8 metres.
(f)
Parking and Loading
(i)
A minimum of 22 parking spaces shall be provided on-site. The remainder of the required parking
facilities shall be provided in accordance with The Planning Act, R.S.O. 1990, Chap. P.13, Section
40(1). The calculation and provisions of the parking spaces required for these lands shall be
pursuant to the regulations of Clause 18.2.4.1.
(ii)
On-street (off-site) loading shall be permitted to service these lands.
2. Notwithstanding the definition of LOT LINE, FRONT, of SECTION 3, DEFINITIONS, the Front Lot Line shall
be deemed to be the lot line dividing the lot from Hatt Street.
S-80
05-052
RETIREMENT HOME (H-CAC/S-80) deleted by By-law No. 05-052 and replaced with the following:
APARTMENTS (RM3/S-80)
Page 40
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
1. Notwithstanding the permitted uses and regulations of SECTION 14: MEDIUM TO HIGH DENSITY
MULTIPLE DWELLING (RM3) ZONE, the following uses and regulations shall apply to the lands identified as
RM3/S-80 on Schedule "A":
(a) PERMITTED USES
(i)
Apartment Buildings
(ii) Accessory uses to the uses identified above
(b) REGULATIONS FOR ALL USES (i) TO (ii) IDENTIFIED ABOVE
(i)
Minimum Lot Area - 0.3 hectares
(ii) Minimum Lot Frontage - 30 metres
(iii) Minimum Front Yard - 2 metres
(iv) Minimum Side Yard - 0.0 metres, except 1.4 metres where a side yard abuts a flankage street
(v) Minimum Rear Yard - 7.5 metres
(vi) Maximum Lot Coverage - 64%
(vii) Maximum Building Height - 15 metres
(viii) Minimum Landscaped Area - 35%
(c)
REGULATIONS FOR APARTMENT BUILDINGS
(i)
Maximum Density - 215 dwelling units per hectare
(ii) Minimum Parking and Loading Requirements
(a) All required parking for the permitted residential uses shall be provided below grade pursuant to
SECTION 7.0: OFF-STREET PARKING AND LOADING of the Zoning By-law. Below grade, off
site parking shall be permitted, provided the below grade parking is located on the adjacent lot.
(b) All required visitor parking shall be provided above grade pursuant to SECTION 7.0: OFF-
STREET PARKING AND LOADING of the Zoning By-law.
(d) Notwithstanding the definition of LOT LINE, FRONT of Section 3, DEFINITIONS, the Front Lot Line shall
be determined to be the lot line dividing the lot from Hatt Street.
Page 41
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
e) Where individual lots are developed contiguous to one another under a single and comprehensive site
plan, all lots shall be deemed to be one lot for the purposes of applying zoning regulations.
S-80 05-52
2. That in addition to the uses and provisions permitted, the following additional use shall apply to lands known
Municipally as 54 Hatt Street, shown as "RM3/S-80" on Schedule "A".
(a)
The retirement homes consisting of a maximum of 22 studio and one-bedroom units for 22 residents
with an associated dining area shall be permitted within a 5 storey building under construction at the
time of passing the amending Dundas Zoning by-law.
(b)
REGULATIONS FOR RETIREMENT HOMES
(i)
Minimum Distance Separation - A minimum radial separation distance to the lot line of any
other lot occupied or as may be occupied by a retirement home shall not apply.
(ii)
Off-Street Parking - Parking shall be in accordance with the Off-Street Parking Provision of
Section 7 of Dundas Zoning by-law.
S-81
05-052
MIXED RESIDENTIAL/COMMERCIAL USE DEVELOPMENT (H-RM3/S-81) deleted by By-law No. 05-052 and
replaced with the following:
APARTMENTS/RETIREMENT HOME (RM3/S-81 and H-RM3/S-81)
(a) PERMITTED USES
(i)
Apartment Buildings.
(ii)
Retirement Home, Senior's Residence or Home for the Aged.
(iii) Accessory uses to the uses identified above.
(b) REGULATIONS FOR ALL USES (i) TO (ii) IDENTIFIED ABOVE
(i)
Minimum Lot Area - 1,300 square metres
(ii) Minimum Lot Frontage - 30 metres
(iii) Minimum Front Yard - 2 metres
(iv) Minimum Side Yard - 0.0 metres
(v) Minimum Flankage Side Yard - where a lot has flankage on Hatt Street, Ogilvie Street or Creekside
Drive, the minimum front yard regulation shall apply to the flankage side yard
(vi) Minimum Rear Yard - 7.5 metres
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(vii) Maximum Building Height - 17.5 metres
(vii) Minimum Landscaped Area - 35%
(viii) Minimum Lot Coverage - 64%
(c) REGULATIONS FOR APARTMENT BUILDINGS
(i)
The regulations of the 'RM3/S-80" Zone are applicable.
(d) REGULATIONS FOR RETIREMENT HOMES
Page 42
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(a) Minimum Lot Area
-
0.3 hectares.
50 metres.
(b) Minimum Lot Frontage
-
(c)
Minimum Front Yard
(i)
Ground Floor and
Second Storey
-
11 metres; except for columns and supporting str
minimum front yard setback shall be 2.0 metres;
(ii) Third to Ninth Storeys
-
2 metres.
(d) Minimum Side Yard
-
13 metres except:
(i)
Minimum Distance Separation - A minimum radial separation distance to the lot line of any other lot
occupied or as may be occupied by a retirement home shall not apply.
(ii) Off-Street Parking and Loading - Pursuant to SECTION 7: OFF-STREET PARKING AND LOADING of
Zoning By-law No. 3581-86.
(iii) Outdoor Amenity Area - A minimum outdoor amenity area of 84 square metres shall be provided and
maintained in the rear yard. Additional landscape area shall be provided to service the outdoor amenity
needs of the residents on the lands identified as PR1/S-84 - Part 2 on Schedule A to By-law No. 05-052.
(iv) Maximum Accommodation - The maximum number of residents shall not exceed 151 persons.
(e) Where individual lots are developed contiguous to one another under a single and comprehensive site plan,
all lots shall be deemed to be one lot for the purposes of applying zoning regulations.
S-82
02-228
APARTMENTS (RM4/S-82 AND RM4/S-83)
S-83
04-002
1. Notwithstanding the area, yard, height, density and parking/loading requirements of SECTION 15: HIGH
DENSITY ZONE (RM4), Subsection 15.2 REGULATIONS FOR APARTMENT BUILDINGS, Clauses 15.2.1,
15.2.2, 15.2.3 and 15.2.4, the following special provisions shall apply to those lands identified as RM4/S-82
and RM4/S-83 on Schedule A:
uctures, where the
(i)
where the side yard abuts a flanking street of a corner lot, the minimum side yard shall be 6 metres;
and,
(ii)
where the side yard abuts a commercial zone, the minimum side yard shall be 2.0 metres.
Page 43
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(e) Minimum Separation Distance
Between Apartment Buildings
-
28 metres.
(f)
Minimum Rear Yard
-
7.5 metres.
(g) Maximum Density
-
206.5 units per hectare.
(h) Maximum Height
-
27.5 metres.
(i)
Maximum Lot Coverage
-
30%.
(j)
Minimum Landscaped Area
-
30%.
(k) Minimum Parking and Loading Requirements
(i)
Parking spaces may be located in the front yard of a lot;
(ii)
A minimum of 1.0 parking spaces per dwelling unit shall be provided below grade, on-or off-site.
Below grade, off-site parking shall be permitted; provided the below grade parking is located on the
adjacent lot;
(iii) A minimum of 0.25 visitor parking spaces per dwelling unit shall be provided either above grade on-
site or on the adjacent street;
(iv) The required loading spaces shall have a minimum length of 13.5 metres, a minimum width of 3.5m
metres and a minimum height of 4.3 metres. The minimum front yard setback from the street for
loading spaces shall be 5 metres.
(v) All other requirements with respect to parking and loading shall be provided pursuant of SECTION
7: OFF-STREET PARKING AND LOADING of the Zoning By-law.
S-84
CLUB HOUSE (H-PR1/S-84)
1. Notwithstanding the permitted uses and regulations of SECTION 26: PARK AND RECREATION ZONE
(PR1), the following uses and regulations shall apply to those lands identified as H-PR1/S-84 on the attached
Schedule A:
(a) PERMITTED USES
(i)
A club house including an indoor swimming pool (an outdoor swimming pool shall not be permitted);
and,
Page 44
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(ii)
Accessory uses including, but not restricted to, exercise rooms, a community room, administration
office and kitchen.
(b) REGULATIONS FOR PERMITTED USES
(i)
Minimum Lot Frontage
-
70 metres.
(ii)
Minimum Front Yard
-
4.5 metres.
(iii) Minimum Side Yard
-
17 metres.
(iv) Maximum Height
-
8 metres.
(v) Landscape Requirements
Pursuant to the landscape requirements of SECTION 6: GENERAL REGULATIONS, Subsection
6.11 LANDSCAPE REQUIREMENTS.
(vi) Outdoor Amenity Area
A minimum landscape area with a total combined area of 2,000 square metres shall be provided
and maintained in the side and rear yards and shall be used for outdoor amenity purposes.
(vii) Parking Requirements
No on-site parking shall be required.
S-85
4468-98
Hunter
1. Notwithstanding the permitted uses and minimum front yard regulations of Section 26 - Park and Recreation
Zone (PR1), Subsection 26.1 - Permitted Uses and Subsection 26.2 - Regulations for Permitted Uses,
Clauses 26.1 and 26.2.1.1, the following regulations shall apply to those lands identified as H-PR1-FP/S-85
on the attached Schedule A:
(a) PERMITTED USES
SIC 1980
Parks and Playgrounds N/A
Picnic Areas N/A
Park Maintenance, Storage and Administration Facilities N/A
Mini-Golf N/A
Other Recreational Uses, including, but not limited to:
1.
Swimming Pools
2.
Tennis Clubs
Page 45
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Other Amusement and Recreation Services excluding:
1.
Carnivals
2.
Circuses
3.
Gasoline-Powered Recreational Vehicles (such as Go-Carts and Bumper-Boats)
Restaurants, Licenced
Restaurants, Unlicenced excluding Drive-In Restaurants
Take-Out Food Services
Accessory Buildings, Structures and Uses
(b) MINIMUM FRONT YARD
-
9.0 metres
2. The maximum LOT COVERAGE on those lands identified as H-PR1-FP/S-85 on the attached Schedule A
shall be 25%.
3. Notwithstanding the definition of LOT LINE FRONT of SECTION 3, DEFINITIONS, the Front Lot Line on the
lands identified as H-PR1-FP/S-85 on the attached Schedule A shall be deemed to be the south boundary of
Parts 4 and 5 as shown on Plan 62R-13990.
S-85A
4451-98
Dundana East
Notwithstanding the requirements of Section 8.2 and 9.2, Regulations for R1 and R2 Single Family Detached
Dundana West
Dwellings, the following provisions for each lot shall be required:
(i) Minimum lot frontages to be 21.3 metres (70 feet) for those properties municipally known as 24, 29, 30, 53
and 68 South Street.
(ii) Notwithstanding Section 3.2.57 of the Zoning By-law, the lot frontage shall be measured at the street frontage
of any new lot severed from 29 South Street.
S-86
4463-99
Spencer Creek
For the property known as 5, 7 and 9 Brock Street South:
1) Notwithstanding the exception to Section 11.3.1.1, the minimum lot area of 143 square metres (1,539 square feet).
2) Notwithstanding Section 11.3.2.2, the minimum lot frontage is 7.5 metres (24.6 feet).
3) Notwithstanding Section 11.3.2.1, the minimum front yard is 2.1 metres (7 feet).
4) Notwithstanding Section 11.3.2.3, the minimum rear yard is 4.5 metres (15 feet).
5) Notwithstanding Section 11.3.3, the maximum height is 11.3 metres (37 feet).
Page 46
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
6) Notwithstanding Section 6.6.9, the minimum front yard for an unenclosed porch is 1.2 metres (4 feet).
S-87
4469-99
Creighton East
For the property known as 36 McMurray Street:
a) Notwithstanding the limitation on the number of residents for the R2 District, a maximum number of 64
residents shall be permitted.
b) Notwithstanding the rear yard setback of 7.5 metres, a minimum of 5.6 metres shall be required for the rear
yard setback.
S-87A
S-88
4518-99
4482-99
Pleasant View
Sydenham
Notwithstanding the requirements of Section 29A.2.1.1, the minimum lot area shall be 1.4 hectares and
notwithstanding the requirements of Section 29A.2.1.2, the minimum lot frontage shall be 91 metres for the property
known as 711 York Road.
Notwithstanding the retirement home restriction to a maximum of 16 persons, a maximum of 24 persons are
permitted at 12 Melville Street.
S-89
4561-00
Spencer Creek
Notwithstanding the parking requirement of Section 7.12.3.1, Off Street Parking and Loading for any industrial
use, the parking standard shall be one space per 186 square metres for 47 Head Street. The western side yard
for 47 Head Street shall be 1.5 metres notwithstanding Section 22.2.2.2.
S-90
4540-00
Highlands Hills
East
1. Notwithstanding the requirements of Subsection 27.2 of Section 27; Public and Private Service Zone (PPS).
The following provisions shall apply:
(i)
The maximum height for any future addition to the north of the existing Villa shall not exceed 123.3 metres
above sea level as surveyed from a reference benchmark established by the Geodetic Survey of Canada;
(ii) The maximum height for any future addition to the south of the existing Villa shall not exceed 120 metres
above sea level as surveyed from a reference benchmark established by the Geodetic Survey of Canada;
and,
(iii) The minimum rear yard setback for any addition to the south of the existing Villa shall be 25 metres.
2. Notwithstanding the requirements of Subsection 7.3.4 and Subsection 7.4.1, the following provisions shall
apply:
Page 47
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(i)
A minimum setback of 15 metres shall be required from any adjoining residential zone boundary to any
parking lot and access driveway accessible to or from Overfield Street.
3. No vehicular access driveway shall be permitted across lands known as 56 Governor's Road from Overfield
Street to the residential apartments known as St. Joseph's Estates.
4. A Holding Symbol (H) pursuant to Section 36 of The Planning Act, R.S.O. 1990, c.P. 13 and Subsection 4.9 of
By-Law No. 3581-86 is hereby applied to the PPS Zone category as it applies to 56 Governor's Road. Such
Holding Symbol (H) shall continue to apply to the subject lands until removed by subsequent by-law amendment.
Council shall remove the Holding Symbol (H) by by-law amendment upon all of the following requirements
having been addressed to its satisfaction:
(i)
Approval by Council of a detailed grading and landscaping plan adjacent to the south boundary of 56
Govenor's Road extending from Overfield Street easterly to the east limit of Walnut Grove to be secured
by a letter of credit;
(ii) Receipt of a written undertaking in a form satisfactory to the municipal solicitor from the Sisters of St.
Joseph of Hamilton to construct a new vehicular access to St. Joseph's Estates from Ogilvie Street to
the satisfaction of the Director of Public Works and including a commitment that no direct vehicular access
driveway will be permitted across 56 Governor's Road from Ogilvie Street to St. Joseph's Estates once the
new access from Ogilvie is open;
(iii) Receipt of a written undertaking in a form satisfactory to the municipal solicitor from the Sisters of St.
Joseph of Hamilton to construct at their cost a sidewalk along the north limits of 56 Governor's Road
adjacent to Governor's Road including receipt of a letter of credit and to the satisfaction of the Director
of Public Works; and,
(iv) Receipt of written approval from the Director of Public Works for the design of the southernmost parking
lot and access driveway adjacent to Overfield Street.
S-91
4543-00
Central Business
1. Notwithstanding Section 18.2.3 relating to maximum height limits for commercial buildings and Section 18.3.4
District
relating to maximum height limits for commercial - residential buildings, a maximum height of 10.5 metres
Page 48
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
and 3 storeys is permitted unless deemed by Council to conform with the Urban Design Guidelines in the Official
Plan and the King Street Urban Design Guidelines, if applicable, where a maximum height limit of 13.5 metres
and 4 storeys shall be permitted. An "H" Holding Symbol is hereby added to the subject lands and will be
removed by Council or by-law to allow an increase in height to a maximum of 13.4 metres and/or 4 storeys when
the Urban Design Guidelines are met.
2. Notwithstanding Section 18.2.1.1 relating to front yard requirements for commercial buildings and Section
18.3.2.1, relating to front yard requirements for commercial - residential buildings, a front yard set back shall
not be required.
3.
4.
All buildings existing on the date of this By-law that legally meet the maximum height requirements
immediately prior to the passage of this By-law are permitted as legal conforming buildings with respect to height
even if they do not meet provisions 1) and 2).
The minimum height at the façade of a building facing onto a public street is not permitted to be less than 6
metres in height including any parapet.
5. The minimum number of storeys at the façade of a building facing onto a public street is not permitted to be
less than 2, both with floors above ground level.
6. The visibility triangles generally applied under Section 6.21 of By-law No. 3581-86 are not applicable.
S-92
4577-00
Turnbull
1. Notwithstanding the provisions of Subsection 10.3.3, the following height provision shall apply:
(OMB ORDER)
10.3.3
HEIGHT
Maximum
8.3 metres
S-93
4577-00
Turnbull
1. Notwithstanding the provisions of Subsection 10.3.2, the following special provisions shall apply:
(OMB ORDER)
10.3.2
YARD REQUIREMENTS
10.3.2.1
FRONT YARD
Minimum for dwelling unit
3.5 metres
Page 49
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
10.3.2.3
REAR YARD
Minimum
6.25 metres, except that the rear yard for the semi-detached
residences on Lot 6, Plan 62M-799 shall not be less than 5.97 metres
taken from the rear walls to the boundary of the Town of Dundas 0.3
metre (1.0 ft) reserve.
S-94
4577-00 Turnbull Notwithstanding the provisions of subsection 9.2.2, a minimum front yard setback of 3 metres shall be
required to the dwelling's living area and a minimum front yard setback of 4.5 metres for an attached
garage.
S-95
4577-00
Morden
1.
Notwithstanding the provisions of Subsection 9.2.2, the following special requirements shall
apply to the lands identified as S-95;
(a)
Lots 5, 6, 8, 9, and 10, Registered Plan 62M-863, and proposed lots 5, 6, 7, 16, 17, 19,
20, 21, 22, 23, 24, 25, and 26 as shown on preliminary plan of subdivision for
Conservation Run, Phase 2, Stage 3B, prepared by L.G. Woods Surveying Inc., Index
#99-937, dated February 9, 2000, shall have a minimum lot frontage of 12.2 metres;
(b)
Lots 4, and 7, Registered Plan 62M-863, and proposed lots 3, 4, 8, 11, 12, 15, 18 and 27
as shown on preliminary plan of subdivision for Conservation Run, Phase 2, Stage 3B,
prepared by L.G. Woods Surveying Inc., Index #99-937, dated February 9, 2000, shall have
a minimum frontage of 13.7 metres;
(c)
Except as otherwise provided below, Lots 1, 2, and 3, Registered Plan 62M-863 and
Proposed Lots 1, 2, 9, 10, 13, 14, 28, and 29 as shown on preliminary plan of subdivision for
Conservation Run, Phase 2, Stage 3B, prepared by L.G. Woods Surveying Inc., Index
#99-937, dated February 9, 2000, shall be subject to the provisions of Section 9: SINGLE-
DETACHED RESIDENTIAL ZONE (2);
(d)
Proposed Lots 1, 2, 13, and 14 as shown on preliminary plan of subdivision for
Conservation Run, Phase 2, Stage 3B, prepared by L.G. Woods Surveying Inc., Index
#99-937, dated February 9, 2000, shall have a minimum front yard setback of 4.0 metres for
the dwelling's living area and a minimum front yard setback of 6.0 metres for an attached
garage;
(e)
Proposed Lots 29 to 37 both inclusive as shown on preliminary registered plan for
Conservation Run, Phase 2, Stage 3B, prepared by L.G. Woods Surveying Inc., Index
#99-937, dated February 9, 2000, shall have a minimum front yard setback of 7.0 metres for
an attached garage;
Page 50
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(f)
All lots on Registered Plan 62M-863 and proposed lots on preliminary plan of subdivision
for Conservation Run, Phase 2, Stage 3B, prepared by L.G. Woods Surveying Inc., Index
#99-937, dated February 9, 2000, are to be provided with a minimum of 6.0 metre wide
driveways with the exception of proposed lots 29 to 37 both inclusive, which will have 5.0
metre wide driveways.
S-96
4577-00
Morden
Notwithstanding the provisions of Subsection 9.2.2.2, the minimum side yard requirement for the
westerly side yard for the residence on Lot 7, Plan 62M-859 shall be 0.6 metres.
S-97
4577-00
Morden
Notwithstanding the provisions of Subsection 6.6.10 Unitary Equipment, for property known as 12
Newcombe Road a central air conditioning unit shall be permitted to be located in the side yard
provided such unit is not closer than 0.4 metres from the side lot line.
S-98
4575-00
Dundas East
1.
Notwithstanding Section 9.1, only a single detached dwelling and accessory buildings,
structures and uses are permitted.
2.
Notwithstanding Section 9.2.2.1, the minimum front yard shall be 7.5 metres.
3.
Notwithstanding Section 9.2.2.2, the minimum side yards required are 1.2 metres and 3 metres
with the 3 metres adjacent to the flankage road where applicable.
4.
Notwithstanding Section 9.2.3, the maximum height shall be 7.5 metres.
5
The floor area of a single detached dwelling excluding garage and basement shall be no greater
than 240 square metres with at least two thirds of the floor area on the ground.
6
The maximum lot coverage of a single detached dwelling and accessory buildings shall be no
greater than 30%.
S-99
4580-00
Desjardins
Notwithstanding the Section 6.16, two dwellings are permitted on the lot at 136 Parkview Avenue, one
being the principle dwelling and the other being a garden suite. The garden suite is limited to the
conversion of an existing barn and a 10 year limitation from the date of passing of the Zoning By-law
amendment under Section 39 of the Planning Act relating to temporary use provisions (November 6,
2000).
S-100
02-003
Colborne
Sydenham
1.
Notwithstanding the provisions of clauses 9.2.1.1 LOT AREA and 9.2.1.2 LOT FRONTAGE of
subsection 9.2.1 AREA REQUIREMENTS and clauses 9.2.2.1 FRONT YARD, 9.2.2.2 SIDE
YARD and 9.2.2.3 REAR YARD of subsection 9.2.2 YARD REQUIREMENTS, of Subsection
9.2 REGULATIONS FOR SINGLE-DETACHED DWELLINGS, the following special provisions
shall apply to those lands shown as "R2/S-100":
Page 51
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(a)
Lot Area
i)
Every lot fronting onto Livingstone Drive shall have a minimum lot area of 378 sq.m.
ii)
Every lot within Block "1" and "6" which does not front onto Livingstone Drive shall
have a minimum lot area of 365 sq.m. excluding any land area below the top-bank
as shown on the final plan of subdivision.
iii)
Every lot within Blocks "2" and "5" shall have a minimum lot area of 450 sq.m.
excluding any land area below the top-bank as shown on the final plan of subdivision.
iv)
Every lot within Block "4" shall have a minimum lot area of 450 sq.m., except that a
maximum of nine (9) lots may have a minimum lot area of 430 sq.m.
(b)
Lot Frontage
i)
A maximum of seventy-five (75) lots shall have a minimum lot frontage of 12.0
metres.
ii)
A minimum of fifty (50) lots shall have a minimum lot frontage of 15.0 metres.
(c)
Lot Depth
i)
Every lot within Blocks "1" and "2" shall have a minimum lot depth of 30.0 metres
as measured from the front lot line to the top-of-bank as determined by an Ontario
Land Surveyor.
ii)
Every lot within Block "6" shall have a minimum lot depth of 28.5 metres as
measured from the front lot line to the top-of-bank as determined by an Ontario Land
Surveyor.
(d)
Front Yard
(i)
For every lot fronting onto Livingstone Drive and every lot within Block "6", a
minimum front yard of 4.5 metres shall be required for a dwelling, except any portion
of a dwelling comprised of a garage shall provide a minimum front yard of
6.0 metres.
Page 52
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(e)
Side Yard
(i)
Where the side yard abuts the flankage street of a corner lot, an unenclosed
covered porch may encroach a maximum of 2.0 metres into a required side yard
abutting the flankage street.
(ii)
Notwithstanding the provisions of Subsection 6.6 ENCROACHMENT INTO
YARDS, a chimney and/or bay window with or without foundation may encroach a
maximum of 0.6 metres into a required side yard.
(f)
No building or structure, except a fence shall be located less than 7.5 metres from the top-
of-bank as determined by an Ontario Land Surveyor, for those lands shown as "R2/S-
100".
(g)
Every dwelling shall provide a minimum setback of 30.0 metres from a railway right-of-
way, for those lands shown as "R2/S-100".
3.
No building or structure shall be erected, altered, extended or enlarged, nor shall any building or
structure or part thereof be used, nor shall any land be used, except in accordance with the "R2"
Zone provisions, subject to the special requirements referred to in Section 2.
S-101
Pleasant View
LIGHT INDUSTRIAL - HOLDING ZONE "H-IL/S-101"
OMB Order #0442 dated
March12, 2002 - Repealed S-55
Notwithstanding the provisions of Section 21: Light Industrial Zone (I.L.) the following Special Provisions
shall apply to the lands municipally known as No. 1810 Highway No. 6, shown as "H- IL/S-101" on
Schedule "K-1":
(a) Notwithstanding Sub-section 21.1: Permitted Uses, only the following shall be permitted uses:
(i)
Light manufacturing uses requiring small amounts of water and limited truck access
together with related administration and business offices, research and development
facilities, scientific laboratory, warehouse, repair and ancillary sales.
(ii)
Fixed Mini-Storage Units
Page 53
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(iii)
Manufacturing of candles subject to (e).
(b)
Notwithstanding Sub-section 21.2 Regulations for Industrial Uses, the following Regulations
shall apply:
(i)
Minimum Lot Area: 0.8 ha.
(ii)
Minimum Lot Frontage: 30.0 metres
(iii)
Maximum Building Coverage: 20% (Additional 20% if utilized for fixed mini-storage units.)
(iv)
Minimum Front Yard Setback: 30 metres
(v)
Minimum Side Yard Setback: 3.0 metres (6.0 metres along the west and north side
yards abutting the existing residential lots which front onto Old Guelph Road.)
(vi)
Minimum Rear Yard Setback: 3.0 metres
(vii)
Maximum Building Height: 11.0 metres
(viii)
Landscape requirements: in accordance with Section 6.11
(ix)
No outdoor storage is permitted
(c)
For the purposes of interpreting subsection (b) above, the portion of the property fronting onto
Old Guelph Road shall be deemed the front lot line.
(d)
Access to Old Guelph Road by way of tractor-trailer/semi-trucks will not be permitted.
Notwithstanding this provision, nothing will prevent access of vehicles which typically serve a
residential neighbourhood on an infrequent basis such as moving vans.
(e)
For a candle manufacturing use, no truck access is permitted onto Old Guelph Road.
(f)
Full Site Plan Approval is required for any physical change to the site or for the establishment of
Page 54
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
any uses other than the candle manufacturing operation which existed on the property at the
time of the passage of this by-law. (OMB Order #0442, March 12, 2002)
S-102
02-173
Colborne
a)
Notwithstanding clause 12.4.2.1 FRONT YARD, of Subsection 12.4.2 YARD REQUIREMENTS,
NOTE:
Consult By-law No. 02-173 for
Holding Provision Conditions
of Subsection 12.4 REGULATIONS FOR STREET TOWNHOUSE DWELLINGS, of Section 12:
LOW TO MEDIUM DENSITY MULTIPLE DWELLING ZONE a minimum front yard of 4.5 metres
shall be required for a street townhouse dwelling, except any portion of a street townhouse dwelling
comprised of a garage shall provide a minimum front yard of 6.0 metres; and, notwithstanding
clause 12.4.2.2 SIDE YARD, of Subsection 12.4.2 YARD REQUIREMENTS, of Subsection 12.4
REGULATIONS FOR STREET TOWNHOUSE DWELLINGS, of Section 12: LOW TO MEDIUM
DENSITY MULTIPLE DWELLING ZONE, the following side yards shall be required:
(i)
A minimum side yard of 4.5 metres shall be required for a street townhouse dwelling, with
or without windows to a habitable room overlooking such yard, where the side yard abuts
a public thoroughfare; and,
(ii)
A minimum westerly side yard of 3.0 metres shall be required for a street townhouse
dwelling, with or without windows to a habitable room overlooking such yard, where the side
yard abuts a minimum 3.0 metres buffer strip; and,
b)
A minimum 3.0 metres wide buffer strip, in addition to required yards, and a visual barrier not
less than 1.2 metres in height and not more than 1.8 metres in height, shall be required adjacent
to the entire westerly lot line of Blocks "1", "2" and "4" where it abuts an industrial zone or use; and,
c)
Notwithstanding the requirements of Section 12: LOW TO MEDIUM DENSITY MULTIPLE
DWELLING ZONE, no building or structure, except a fence, shall be located in Block "4".
No building or structure shall be erected, altered, extended or enlarged, nor shall any building or structure
or part thereof be used, nor shall any land be used, except in accordance with the "RM-1" Zone provisions
for Blocks "1", "2" and "4", subject to the special requirements referred to in Section 3 and the "OS" Zone
provisions for Block "3".
Page 55
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-103
03-333
Central Business
District
MEDIUM DENSITY MULTIPLE DWELLING-FLOODPLAIN ZONE (RM2-FP/S-103)
Permitted Uses
Only an apartment building having a maximum of 6 units and buildings, structures or uses accessory
to the apartment building shall be permitted.
Regulations
Notwithstanding the provisions of subsection 13.1 PERMITTED USES, and subclauses 13.2.1.1 LOT
AREA, 13.2.1.2 LOT FRONTAGE, 13.2.2.2 SIDE YARD, 13.2.2.3 REAR YARD, of subsection 13.2
REGULATIONS FOR APARTMENT BUILDINGS OF SECTION 13: MEDIUM DENSITY MULTIPLE
DWELLING ZONE and subclause 7.13.1.1 of subsection 7.13, OFF-STREET LOADING SPACE
REQUIREMENTS OF SECTION 7: OFF-STREET PARKING AND LOADING, the following provisions
shall apply to the lands shown as "RM2-FP/S-103" on Schedule "A":
1. The minimum lot area shall be 1,372.5 square metres.
2. The minimum lot frontage shall be 12 metres.
3. The minimum exterior side yard shall be 3 metres.
4. The minimum rear yard shall be 3 metres.
5. A loading space shall not be required.
6. The minimum elevation for building openings shall be 82.6 metres geodetic.
All other regulations of Section 13, Medium Density Multiple Residential (RM2) Zone, Section 6, General
Provisions and Section 7, Parking and Loading of Zoning By-law 3581-86 (Dundas) shall continue to
apply.
S-105
05-090
Colborne
MEDIUM DENSITY MULTIPLE DWELLING H-RM2/S105
(i)
Notwithstanding the provisions of SUBSECTION 13.1: PERMITTED USES of SECTION 13:
MEDIUM DENSITY MULTIPLE DWELLING ZONE (RM2), the following additional uses shall be
permitted only within the building existing on April 13, 2005 on the lands shown as "RM2/S-105"
on Schedule "B":
Page 56
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(a)
Trade Contracting Industries and Service Industries Incidental to Construction;
(b)
Postal Service Industries;
(c)
Furniture Refinishing and Repair Shops;
(d)
Appliance, Television, Radio and Stereo Shops;
(e)
Medical and other Health Laboratories;
(f) Motion Picture, Audio and Video Production and Distribution;
(g) Laundries and Cleaners (excluding Self-service Laundries and/or Dry Cleaners);
(h) Accessory Uses (to a maximum of 25% of the gross floor area of the principle use); and
(i)
(Deleted).
(ii)
Notwithstanding Section 6.32 (ii), a Converted Dwelling is permitted and shall comply with
the provisions of Section 6.32.
(a) Subsection 13.3.1.1, 13.3.1.3, 13.3.5, and 13.3.6;
(b)
Only the floor area of the building as existing prior to November 10, 2004, shall be used in
calculating the minimum floor area requirement for each dwelling unit to be converted.
(iii)
Notwithstanding the provisions of subclauses 7.1.1, 7.2, 7.3.2 (i), (ii) (a) and (b), 7.3.4, 7.4.1,
7.6.3, 7.4.4, 7.10 and 7.12.3 of SECTION 7: OFF-STREET PARKING AND LOADING, the
following special requirements shall apply only to the building existing on April 13, 2005 and only
for the additional permitted uses on the lands shown as "RM2/S-105" on Schedule "B":
(a) Minimum number of Parking Spaces - 8, except as provided in 2 (ii)(a).
(b) That clauses 7.1.1, 7.2, 7.3.2 (i), (ii) (a) and (b), 7.3.4, 7.4.1, 7.4.4 and 7.6.3 shall not apply.
Page 57
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(c) That the following vehicles shall be permitted to park on the subject property:
1.
A vehicle which is up to a maximum of 8 metres in length;
2.
A vehicle which is equipped with dual rear wheels or tandem axles.
(iv)
Notwithstanding the provisions in subclauses 6.11.1 LANDSCAPING ALONG STREET LINES,
and 6.11.2.2 WIDTH OF BUFFER STRIP of Subsection 6.11: LANDSCAPE REQUIREMENTS,
the following special requirement shall apply only to the building existing on the date of the passing
of By-law No. 05-090 (April 13, 2005) on the lands shown as "RM2/S-105":
WIDTH OF BUFFER STRIP
A 1.8 metre high solid privacy fence for the purposes of providing a visual screen shall be provided
and maintained along the southerly property line, and a minimum 1 metre wide buffer strip including
a 1.8 metre high solid privacy fence and planting material for the purposes of providing a visual
screen shall be provided and maintained along the westerly property line.
(v)
All other regulations of Section 13: Medium Density Multiple Residential (RM2) Zone; Section 6:
General Regulations; and Section 7: Off-Street Parking and Loading of Zoning By-law 3581-86
(Dundas) shall continue to apply.
(vi)
On those lands zoned "H-RM2/S-105" by By-law No. 05-090, the Holding "H" Symbol may be
removed by City Council and thereby give effect to the "RM2/S-105" Zone provisions by enactment
of an amending By-law upon:
(a) the owner completing and submitting a noise study to the satisfaction of the Director of
Development and Real Estate, and CN Rail; and,
(b)
the owner submitting a signed copy of a Record of Site Condition to the satisfaction of the
Director of Development and Real Estate, including the acknowledgement of receipt of
that Record of Site Condition by the Ministry of the Environment
(vii) While zoned "H-RM2/S-105", no residential use shall be permitted on the subject lands. All other
provisions of the "H-RM2/S-105" Zone shall apply.
S-105a
08-127
Colborne
MEDIUM DENSITY MULTIPLE DWELLING ZONE (H-RM2/S-105a)
(i)
As permitted under the temporary use provisions of Section 39 of the Planning Act (R.S.O. 1990)
for a maximum two year period commencing on the day of the passing of this amending By-law,
being the 28th day of May, 2008 and expiring on the 28th day of May, 2010, on the land shown
as "H-RM2/S-105a" on Schedule "B" attached hereto, shall,
Page 58
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(a) Notwithstanding the provisions of SUBSECTION 13.1: PERMITTED USES of SECTION
13: MEDIUM DENSITY MULTIPLE DWELLING ZONE (RM2) and Section (i) of By-law No.
05-090, firefighting services use shall be permitted temporarily and only within the building
existing on the date of the passing of this By-law.
(b) Notwithstanding the provisions of Zoning By-law No. 3581-86 (Dundas), as amended, no
provisions shall apply to this temporary use as identified in (i)(a).
S-106
05-360
Pleaseant Valley
RESIDENTIAL ZONE (R2/S-106)
West
Notwithstanding the provisions of SUBSECTION 6.1 6 ONE DWELLING PER LOT of SECTION 6:
GENERAL REGULATIONS and of SUBSECTION 9.1 : PERMITTED USES, and SUBSECTION 9.2:
REGULATIONS FOR RESIDENTIAL ZONE (R2) the following uses and regulations shall apply on the
lands shown as "R2/S-106" on Schedule "K:
(a)
PERMITTED USES
(i)
Single-Detached Dwelling Units
(ii) Accessory Uses to the uses identified above.
(b)
REGULATIONS FOR ALL SINGLE-DETACHED DWELLING UNITS
(i)
Minimum Lot Area - 1.2 hectares.
(ii) Minimum Lot Frontage - 18.0 metres.
(iii) Minimum Front Yard - 6.0 metres.
(iv) Minimum Side Yard and Rear Yard - 7.5 metres.
(v) Maximum Building Height - 10.5 metres, maximum 2 storeys
(vi) Minimum Landscaped Area - 50%.
(vii) Maximum Floor Area of a Second Floor - 60% of the Floor Area of the ground floor,
including the garage.
(viii) Off-Street Parking - minimum 4.0 parking spaces per dwelling unit which may be arranged in
tandem and 2 spaces of which may be included in a garage.
Page 59
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(c)
Subsection 9.5: REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURES shall
continue to apply.
S-108
05-333
Turnbull
PUBLIC AND PRIVATE SERVICE ZONE (PPS/S-108-H)
Notwithstanding the provisions of Subsection 27.1 PERMITTED USES, of SECTION 27, the following
additional use shall be permitted on the lands shown as "PPS/S-108-H" on Schedule "N".
(a)
Permitted Uses
(i) A parking area for Dundas Highland High School and Couldrey Park
(b)
The 'H' symbol applicable to the lands described in Section 1 of this By-law, shall be removed
conditional upon:
(i) An archaeological assessment being granted final approval by the Ministry of Culture;
(ii) Completion of a final Traffic Impact Study which shall include a functional plan of Governor's
Road for the westbound left turn lane, to the satisfaction of the Director of Operations and
Maintenance, Public Works Department; and,
(iii) Completion of an Environmental Assessment, if the final Traffic Impact Study requires a
continuous westbound turn lane from the signalized Governor's Road/Bridlewood Drive
intersection to the proposed entrance from Governor's Road; to the satisfaction of the Director
of Capital Planning and Implementation, Public Works Department.
(c)
The 'H' symbol shall be removed by amendment to this by-law and the development of the lands
described in Section 1 may at such time proceed in accordance with the "PPS/S-108" (Public and
Private Service) Zone provisions.
S-109
08-229
York Road
OPEN SPACE - CONSERVATION ZONE (OS/S-109)
(a)
Notwithstanding the provisions of SUBSECTION 25.1 : PERMITTED USES of SECTION 25:
OPEN SPACE - CONSERVATION ZONE (OS) the existing single detached dwelling shall also
be permitted.
Page 60
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-110
08-249
York Heights
MEDIUM DENSITY MULTIPLE DWELLING - FLOOD PLAIN ZONE (RM1-FP/S-110)
That Notwithstanding the provisions of Section 12: Low to Medium Density Multiple Dwelling - Flood
Plain Zone (RMIFP) the following Special Provisions shall apply to the lands known Municipally as No.
17 Park Street East, shown as "RM1-FP/S-110" on Schedule "P".
(a) Notwithstanding Sub-section 12.1, Permitted Uses, only the following uses shall be permitted:
(i) Single-detached Residential Dwellings
(b)
Notwithstanding Section 3.2.47, Definition for a LOT, frontage onto a private condominium road
shall be permitted and considered a public thoroughfare.
(c)
Notwithstanding Sections 12.2, 12.3, 12.4 and 12.5, Regulations for RMI - Low to Medium
Density Multiple Dwellings, only the following special regulations shall apply for single-detached
residential dwellings:
(i)
Minimum Lot Area of 450.0 square metres.
(ii)
Minimum Lot Frontage shall be 7.5m for each unit fronting onto a private condominium
road.
(iii) Minimum Lot Frontage fronting onto Park Street East shall be 14.0m.
(iv) Minimum Front Yard for each unit shall be 5.0m and that this be measured from the private
condominium road.
(v) At least one side yard having a width not less than 1.2m.
(vi) No eaves, gutters or footings for a single family dwelling may encroach onto the abutting
lot except in accordance with,
a)
an encroachment agreement between the owners of the abutting land; and
b)
a maintenance easement entered into between the parties, registered on the title of
each of the abutting lots.
(vii)
The Maximum Lot Coverage shall be 30% for each unit.
(viii) Minimum Front Yard landscaping shall not apply for each unit.
Page 61
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(ix) Maximum height of 10.5 metres.
(d)
Notwithstanding Section 7.1 2.1, Parking Space Requirements shall be provided for each unit in
accordance with the Single-detached Dwellings provision.
(e)
A minimum 3.0m wide buffer strip shall be provided and maintained along the side lot lines
abutting 15 and 23 Park Street East and a minimum 1.4m wide buffer strip, which can include a
curb and/or retaining wall, shall be provided and maintained along the westerly lot line, and all
shall comply with the definition detailed in Section 6.1 1.2.3.
(f)
A minimum 2.0m high visual barrier shall be shall be provided and maintained along the
southerly lot line.
(g)
Notwithstanding Section 6.6.1 0, air conditioners and pumps (including heat pumps and
swimming pool pumps) and other similar mechanical equipment shall be located only in
accordance with the following regulations:
(i)
Within a required front yard or a required flankage yard, provided equipment shall have a
minimum setback of 3.0m from the private road, a minimum setback of 0.6m from a side
lot line and is screened from the road by an enclosure or landscaping; and,
(ii)
Within a required side yard or required rear yard provided such equipment has a minimum
setback of 0.6m from the side lot line or rear lot line.
S-111
09-044
Pleasant View
RURAL ZONE (RU/S-111)
That Notwithstanding the provisions of the Rural Zone (RU), the following Special Provisions shall apply
to the lands known municipally as No. 675 York Road, shown as "RU/S-111" on Schedule "K-1".
1.
PERMITTED USES:
Non Farm Residential Dwelling
Accessory Structures and/or buildings
2.
REGULATIONS FOR EXISTING AND APPROVED NEW DETACHED DWELLINGS
Page 62
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
2.1 LOT AREA
Minimum 0.8 hectares with municipal water supply. The required lot area may be larger than
0.8hectares where deemed necessary by the agency having jurisdiction for the approval of on-
site private sewage disposal systems pursuant to the provisions of the Environmental Protection
Act, Chapter E.19, R.S.O. 1990, as amended from time to time or pursuant to any successor
legislation.
2.2 LOT FRONTAGE
Minimum 18.0 metres.
2.3 YARD REQUIREMENTS
2.3.1 FRONT YARD
Minimum 35.0 metres from York Road.
2.3.2 SIDE YARD
Minimum 1.5 metres, except
(i)
20.0 metres where the side yard abuts the flankage street (Old Guelph Road) of a corner
lot.
(ii)
3.0 metres where the side yard provides access to a parking area or rear yard garage.
(iii)
5.0 metres on one side of an interior lot upon which there is no garage or carport.
2.3.4 REAR YARD
Minimum 7.5 metres.
2.3.5 HEIGHT
Maximum 2 storeys and shall not exceed 9.7 metres.
2.3.5 LOT COVERAGE
Maximum 325 square metres for all buildings.
Page 63
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
2.4 REGULATIONS FOR ACCESSORY BUILDINGS AND STRUCTURS
2.4.1 LOCATION
Rear yard or a non-required side yard.
2.4.2 SETBACK FROM SIDE LOT LINE
Minimum 1.0 metre, except 20.0 metres from the flankage street (Old Guelph Road) of a corner
lot.
2.4.3 SETBACK FROM REAR LOT LINE
Minimum 1.0 metres.
2.4.4 HEIGHT
Maximum 4.0 metres.
2.4.5 LOT COVERAGE
As specified in Subsection 2.3.5 above.
2.5 OFF STREET PARKING
As specified in Section 7.
S-112
08-252
Spencer Creek
MEDIUM DENSITY MULTIPLE DWELLING ZONE (RM1/S-112)
That notwithstanding the provisions of Paragraphs 12.4.1.1, and 12.4.2.1 -1 2.4.2.3 of Subsection 12.4
"Regulations for Street Townhouse Dwellings" of Section 12: Low to Medium Density Multiple Dwelling
Zone "RM1" Zone, and the provisions of Paragraphs 6.6.8 and 6.6.9 of Subsection 6.6 "Encroachment
Into Yards" of Section 6: General Regulations, the following special provisions shall apply only to the
townhouse dwelling units existing on the date of the passing of this By-law, being the 29th day of
October, 2008:
(a)
Minimum Lot Area - 158 square metres
(b)
Minimum Front Yard Setback - 0.6 metres
Page 64
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(c)
Side Yard Setbacks:
i)
Minimum Side Yard Setback - 0 metres for a Habitable Room with a Window
ii)
Minimum Exterior Side Yard - 0 metres Setback
iii)
Minimum Interior Side Yard - 0.5 metres Setback
(d)
Minimum Rear Yard Setback - 6 metres
(e)
Minimum Setback from the Nearest Street Line - 1.4 metres
(f)
An unenclosed porch is permitted 0.0 metres from the front lot line and 0.2 metres from an
exterior side lot line.
(g)
All other provisions of Section 12: Low to Medium Density Multiple Dwelling Zone, and Section 6:
General Regulations shall apply.
S-113
08-252
Spencer Creek
MEDIUM DENSITY MULTIPLE DWELLING ZONE (RM1/S-113)
That notwithstanding the provisions of Paragraphs 12.4.2.1 and 12.4.2.2, of Subsection 12.4
"Regulations for Street Townhouse Dwellings" of Section 12: Low to Medium Density Multiple Dwelling
Zone "RM1" Zone, the provisions of Paragraphs 6.6.9 of Subsection 6.6 "Encroachment Into Yards'' of
Section 6: General Regulations, and the provisions of Paragraph 7.1.1 of Subsection 7.1 "Location",
and the provisions of Paragraph 7.12.1.4 of Subsection 7.12 "Off-Street Parking Space Requirements"
of Section 7: Off Street Parking and Loading, the following special provisions shall apply only to the
townhouse dwelling unit existing on the date of the passing of this By-law being the 29th day of
October, 2008:
(a)
Minimum Front Yard Setback - 0.6 metres
(b)
Minimum Side Yard Setback for a Habitable Room with a Window - 3.4 metres
(c)
Minimum Front Yard Setback for an Unenclosed Porch - 0.09 metres
(d)
Off-street Parking - N/A
(e)
All other provisions of Section 12: Low to Medium Density Multiple Dwelling Zone, Section 6:
General Regulations, and Section 7: Off Street Parking and Loading shall apply.
Page 65
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
S-114
08-252
Spencer Creek
SINGLE DETACHED DWELLING ZONE (R2/S-114)
That notwithstanding the provisions of Paragraphs 9.2.1 .I, 9.2.1.2, 9.2.2.2, and 9.2.2.3 of Subsection
9.2 "Regulations for Single Detached Dwelling" of Section 9: Single-Detached Residential "R2" Zone,
and the provisions of Paragraph 7.1 .I, of Subsection 7.1 "Location" of Section 7: Off Street Parking and
Loading, the following special provisions shall apply:
(a)
Minimum Lot Area - 190 square metres
(b)
Minimum Lot Frontage - 7.6 metres
(c)
i)
Minimum Southerly Side Yard - 0.9 metres
ii) Minimum Northerly Side Yard - 1.0 metres
iii) Sections 9.2.2.2 and 9.2.2.2 iv) shall not apply.
(d)
One required parking space is permitted within the front yard.
(e)
All other provisions of Section 12: Low to Medium Density Multiple Dwelling Zone, Section 6:
General Regulations, and Section 7: Off Street Parking and Loading shall apply.
S-116
09-063
Central Business
LOW DENSITY RESIDENTIAL ZONE (R4/S-116)
District
That notwithstanding the provisions of Section 11: Low Density Residential Zone (R4), Sections 6.11.1
Landscaping Along Street Lines, 6.11.2 Buffer Strip and 7.12 Off-Street Parking Space Requirements,
the following Special Provisions shall apply to the lands known municipally as 16 Sydenham Street,
shown as R4/S-116 on Schedule "A".
1.
PERMITTED USES:
A licensed restaurant and an accessory dwelling unit shall also be permitted only within the
building existing on the date of the passing of this by-law, being the 1st day of April, 2009,
An outdoor patio having a maximum seating capacity of 30 persons shall also be permitted
ancillary to a licensed restaurant.
2.
REGULATIONS FOR A LICENSED RESTAURANT AND ONE ACCESSORY DWELLING UNIT
Page 66
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
2.1 OFF-STREET PARKING
No off-street parking shall be required or provided and maintained on the subject lands for a
licensed restaurant, or an accessory dwelling unit.
2.2 BUFFERING
Minimum: 2.0m wide shall be provided and maintained where abutting a residential zone.
2.3 LANDSCAPING ALONG STREET LINES
Minimum: 2.0m wide shall be provided and maintained.
3.
REGULATIONS FOR OUTDOOR PATIO 3.1 LOCATION
Shall be located only in the southerly side yard.
3.2 USE
That portion of a lot on which the outdoor patio is permitted shall not be used for commercial
entertainment or commercial recreation including live or recorded music or dance facilities.
S-117
12-010
Highland Hills
HIGH DENSITY MULTIPLE DWELLING ZONE (H-RM4/S-117)
(OMB)
East
Notwithstanding the provisions of Section 15: High Density Multiple Dwelling Zone (RM4) the following
Special Provisions shall apply to Block 1 on lands known Municipally as No. 56 Governor's Road, shown
as "H-RM4/S-117" on Schedule "G"
(a)
Notwithstanding Sub-Section 15.1, Permitted Uses, the following use shall also be permitted:
15.1
PERMITTED USES
15.1.3
A mixed-use building consisting of office uses and those uses permitted in the
Neighbourhood Commercial "C.N." Zone on the first and second floor only. The
maximum size of any one Neighbourhood Commercial store shall not exceed 465m2.
(b)
Notwithstanding Section 15.2.2, 15.2.3, 15.2.4, Regulations for Apartment Buildings, the
following special regulations shall apply for all uses:
15.2.2
Yard Requirements
Page 67
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
15.2.2.1
Front Yard - Minimum 0.0 metres
15.2.2.2
Side Yard (Ogilvie Street) - Minimum 0.0 metres
Side Yard (Westerly) - Minimum 5.0 metres
15.2.3
Height - Maximum 32m or 10 storeys (whichever is the greater)
15.2.4
Density - Maximum 88 Dwelling Units and 3,500 square metres of retail
and office uses.
(c)
Section 6.16 shall not apply.
(d)
Notwithstanding Section 6.21, the following shall be permitted:
6.21
VISIBILITY TRIANGLE
A structure or building will be permitted to encroach into the "Visibility Triangle".
(e)
Notwithstanding Section 6.11.3, the following shall apply:
6.11.3
LANDSCAPING IN RESIDENTIAL FRONT YARDS
No minimum front yard landscaping shall be required.
(f)
Notwithstanding Section 7.3 Access, the following shall apply:
7.3.4
Where a non-residential use is adjacent to a residential zone, every access driveway to
or from the non-residential use shall be permitted to be located adjacent to the common
boundary with the residential zone.
(g)
A Holding Symbol (H) pursuant to Section 36 of The Planning Act, R.S.O 1990, c.P. 13, and
Subsection 4.9 of By-law No. 3581-86 is hereby applied to the RM4-117 Zone category as it applies
to 56 Governor's Road. Such Holding Symbol (H) shall continue to apply to the subject lands until
removed by subsequent By-law amendment. Council shall remove all of the following requirements
having been addressed, to it's satisfaction:
(i)
That the Class C EA for the widening of Governor's Road from Creighton to Osler, as
identified in the Hamilton Transportation Master Plan, or other required works, as identified
in the Dundas Transportation Master Plan, has been completed and implemented, to the
Page 68
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
satisfaction of the Manager of Traffic Engineering and Operations; or that altematively,
submission of a Traffic Impact Study, demonstrating that sufficient road and, intersection
capacity is available to support additional development on the lands of the applicant.
(ii)
A Stage 3 and Stage 4 archaeological assessment be undertaken on the sites identified as
H1 and H2 in the Stage 1 and Stage 2 Archaeological Assessment report, dated September
2008, to the satisfaction of the Ontario Ministry of Culture and the Director of Planning.
(iii)
That site plan approval be obtained wherein the detailed design of the Front Yard and
Exterior Side Yard (Ogilvie Street) interface between the Street Line and the building are
reviewed given the grades in the area and addressed to the satisfaction of the Director of
Planning.
S-119
10-124
Central Business
CENTRAL AREA COMMERCIAL ZONE (C.A.C/S-119)
District
That notwithstanding the provisions of Section 18: Central Area Commercial, Section 6.11.2: Buffer
Strip, Section 7: Off-Street Parking and Loading, and Section 3.2.56: Front Lot Line, the following
Special Provisions shall apply to the lands known municipally as 104 King Street West, shown as
C.A.C./S-119 on Schedule "A".
1.
PERMITTED USES:
Only the following uses shall be permitted and only within the building existing on the date of the
passing of this bylaw, being the 26th day of May, 2010:
Courier Service Industry
(SIC 4842)
Food Stores
(SIC 601)
Liquor, Wine and Beer Stores
(SIC 602)
Shoe, Apparel, Fabric and Yarn Industries, Retail
(SIC 61)
General Merchandise Stores
(SIC 641)
Book and Stationery Stores
(SIC 651)
Florist Shops
(SIC 6521)
Jewellery Stores and Watch and Jewellery
(SIC 656)
Repair Shops
Toy, Hobby, Novelty, and Souvenir Stores
(SIC 658)
Other Retail Stores excluding
(659)
1. Monument and Tombstone Dealers; and,
2. Mobile Home Dealers
Deposit Accepting Intermediary Industries
(SIC 70)
Page 69
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Consumer and Business Financing Intermediary
(SIC 71)
Industries
Investment Intermediary Industries
(SIC 72)
Insurance Industries
(SIC 73)
Other Financial Intermediary Industries
(SIC 74)
Insurance and Real Estate Agent Industries
(SIC 76)
Accounting and Bookkeeping Services
(SIC 773)
Advertising Services
(SIC 774)
Architectural Engineering and Other Scientific
(SIC 775)
and Technical Services
Offices of Lawyers and Notaries
(SIC 776)
Management Consulting Services
(SIC 777)
Other Business Services
(SIC 779)
Restaurants, Licenced
(SIC 9211)
Restaurants, Unlicenced (Excluding Drive-ins)
(SIC 9212)
Other Sports and Recreation Clubs, limited
(SIC 9659)
to Health Clubs (excluding health spas and
reducing salons)
Dance Halls, Studios and Schools
(SIC 9693)
Barber and Beauty Shops
(SIC 971)
Business Associations
(SIC 982)
Professional Membership Associations
(SIC 983)
Labour Organizations
(SIC 984)
Political Organizations
(SIC 985)
Civic and Fraternal Organizations
(SIC 986)
Photographers
(SIC 993)
Travel Services
(SIC 996)
Other Services (excluding Humane Societies
(SIC 9999)
Taxidermy, and Trade Fairs)
Accessory Buildings, Structures and Uses.
2.
REGULATIONS FOR PERMITTED USES
2.1
Off-Street Parking and Loading
A minimum of five (5) Parking Spaces and one (1) Loading Space shall be provided and
maintained on the subject lands.
Page 70
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
2.1.1 Location
Parking and Loading Spaces shall be provided and maintained only in the easterly side yard
and shall be permitted to be 0.0m from a public thoroughfare.
2.1.2 Dimensions for the Design of Parking Areas
Each required parking space shall be not less than 2.6 metres in width and 5.5 metres in
length.
2.1.3 Maneuvering Space
Maneuvering space for off-street parking and loading spaces may be provided off-site.
2.2 Front Lot Line
The front lot line shall be the property line which abuts King Street West.
2.
Built Heritage Structure and Features
2.6.1 Building Envelope
The external appearance of the east, west, north, and south building facades, including
building materials, stone sills and lintels, brickwork, existing door and window openings, and
the height and form of all roofs, dormers, and roofing materials shall be retained in their
appearance and condition as of the date of the passing of this by-law, being the 26th
day of
May, 2010.
2.6.2 Windows and Doors
Notwithstanding the provisions of 2.6.1, the installation of new windows and doors into
existing and unaltered window and door openings shall be permitted if required by the
Ontario Building Code.
2.6.3 Mechanical Equipment
Notwithstanding the provisions of 2.6.1, the installation of required mechanical equipment in
the flat roof area at the rear of the existing heritage structure shall be permitted if required
by the Ontario Building Code.
Page 71
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
2.6.4 Ontario Heritage Act
Notwithstanding the above, should the lands be designated under the Ontario Heritage Act,
any alternative building design or building materials approved through the issuance of a
Heritage Permit shall be deemed to comply with Section 2.6.
S-120
10-175
Colborne
HIGH DENSITY MULTIPLE DWELLING ZONE (RM3/S-120-H)
Notwithstanding the provisions of Section 14: Medium to High Density Multiple Dwelling "RM3" ZONE,
the following special provisions shall apply on the lands zoned "H-RM3/S-120" on Schedule "B"
(Colborne):
14.4 Permitted Uses:
Notwithstanding Section 14.1: Permitted Uses, only a Multiple Dwelling having a maximum 45 units
within the building existing on the date of the passing of this by-law, being the 8th day of July, 2010,
shall be permitted.
14.4.1
Definitions:
Notwithstanding Section 3.2.54: Lot Line, Front, and Section 3.2.55: Lot Line, Rear: King
Street West shall be deemed the front lot line, and any lot line abutting the rail corridor,
save and except for the 44.96m lot line to the west, shall be deemed a rear lot line.
Notwithstanding Section 3.2.97: Visual Barrier, a visual barrier shall include a continuous
planting of suitable trees or shrubs, together with a reserved width of planting area
appropriate for healthy plant growth.
14.4.2
Fences:
Notwithstanding Section 6.8: Fences, any fence, free standing walls or similar structures
shall be a maximum of 1.9 metres in heights, save and except for a Crash Wall as
required by the Canadian National Railway Company.
14.4.3
Access:
Notwithstanding Section 7.3.3: Access, any vehicular access shall be permitted within
2.0m of any zone boundary, and shall include a visual barrier of not less than 1.2 metres
nor greater than 1.8 metres in height for any access proposed from Park Street West.
Page 72
14.4.4
Loading Spaces:
Notwithstanding Section 7.6: Loading Spaces, no loading space shall be required
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
14.4.5
Dimensions for the Design of Parking Areas:
Notwithstanding Section 7.14: Dimensions for the Design of Parking Areas, no Parking
Space shall be less than 2.6 metres in width by 5.5 metres in length, save and except for
a Barrier Free parking space which shall be a minimum of 4.4 metres in width by 5.5
metres in length.
14.4.6
Buffer Strip:
Notwithstanding Section 14.2.7: Landscaping Requirements, a buffer strip of not less
than 3.0m in width, which shall permit the inclusion of a ground floor patio and shall also
include a 0.9m high privacy fence, shall be provided and maintained along the east
property line from the limit of King Street West for a distance of 16.8m, and a 1.83m high
fence shall be provided and maintained along the remainder of the east property line
extending to Park Street West.
A buffer strip of not less than 2.0m in width shall be provided and maintained along the
north and east side of the proposed vehicular access from Park Street West, and shall
include a visual barrier, as defined above under Subsection 14.4.1.
14.4.7
Built Heritage Structure and Features:
14.4.7.1
Building Facades and Features:
The entire south (front) façade, the east façade extending a minimum of
6.7 metres from the front façade, and the west façade extending a
minimum of 18.7 metres from the front façade shall be retained in its
appearance and condition as of the date of the passing of this by-law,
being the 8th day of July, 2010, save and except for two ground floor
patio access doors on the west façade and one ground floor patio access
door on the east façade.
14.4.7.2
Building Height:
The height of the existing flat roof, to a depth of at least 18.7 metres
measured from the front façade, shall be retained with the exception of
the addition of any required mechanical equipment, elevator
Page 73
penthouse, or skylight windows, as of the date of the passing of this by-
law, being the 8th day of July, 2010.
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
14.4.7.3
Windows:
With the exception of the transoms and the leaded windows over the two
main entrances on the south elevation, the replacement of windows shall
be permitted.
14.4.7.4
Front and Side Yards:
No buildings or structures shall be permitted in the front yard or side
yards as of the date of the passing of this by-law, being the 8th day of
July, 2010.
14.4.7.5
Ontario Heritage Act:
Notwithstanding the above, should the lands be designated under the
Ontario Heritage Act, any alternative building design or building
materials approved through the issuance of a Heritage Permit, shall be
deemed to comply with Section 14.4 of this By-law.
The 'H' symbol may be removed at such time as the following have been satisfied:
a.
The owner/applicant submits a signed Record of Site Condition (RSC) to the City of Hamilton
and the Ministry of the Environment (MOE). This RSC must be to the satisfaction of the City
of Hamilton, including an acknowledgement of receipt of the RSC by the MOE, and
submission of the City of Hamilton's current RSC administration fee.
b.
The owner/applicant has submitted and received clearance of a Natural Heritage
Assessment (Spring Inventory) regarding the proposed Storm Water Management Option,
for the areas identified by and to the satisfaction of the Hamilton Conservation Authority.
S-121
11-308
Central Business
PUBLIC OR PRIVATE SERVICE ZONE (PPS/S-121)
District
That notwithstanding the provisions of Section 27: Public and Private Service Zone (PPS), the following
Special Provisions shall apply to the lands known municipally as 133 and 139 Park Street West, shown
as PPS/S-121 on Schedule "A".
Page 74
1.
PERMITTED USES:
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Only the following uses shall be permitted, and only within the buildings existing on the date of the
passing of this By-law, being the 14th day of December, 2011, and additions thereto:
Library Services
(SIC 854)
Museums and Archives
(SIC 855)
Accessory Buildings, Structures, and Uses
(SIC N/A)
2.
REGULATIONS FOR PERMITTED USES:
The following regulations shall apply to additions to buildings existing on the date of the passing
of this By-law, being the 14th day of December, 2011:
Side Yard (Minimum)
4.5 metres
Rear Yard (Minimum)
7.5 metres
3.
All other regulations of Section 27 shall apply.
S-123
13-212
Colborne
MEDIUM DENSITY MULTIPLE DWELLING - (RM1-'H'/S-123)
13-300 (OMB)
That Notwithstanding the provisions of Section 14: Medium to High Density Multiple Dwelling Zone 11
15-208
(RM3), the following Special Provisions shall apply to lands known Municipally as No. 24 Brock Street
North, shown as "RM3/ ''S-123" on Schedule "A".
(a)
For the purpose, of this By-law, the following shall apply:
(i)
The setbacks which apply to the apartment building shall also apply to the underground
parking area.
(ii)
Notwithstanding Sections 3.2.34 (Grade) and 3.2.38 (Height) within By-law No. 3581-86
(Dundas), for the purpose of this by-law the following shall apply:
Building Height shall be determined by the mean elevation of all the existing ground
adjoining the building or structure and within 4.5 metres of it.
(b)
Notwithstanding Section 14.2 Regulations for Apartment Buildings, the following special
regulations shall apply:
14.2 REGULATIONS FOR APARTMENT BUILDINGS
Page 75
14.2.2.1
FRONT YARD
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Minimum: 1.6 metres
14.2.2.2
SIDE YARD (southerly)
Minimum: 5.1m
Notwithstanding Section 14.2.2.2, the setbacks from the northerly side yard
shall not apply.
14.2.2.3
REAR YARD (westerly, being 25.61 metres in length).
Minimum: 3.9 metres.
REAR YARD (westerly, being 32.34 metres in length).
Minimum: 5.3 metres.
14.2.3
HEIGHT
Maximum: 11.4 metres (excluding a mechanical penthouse, which shall be a
maximum of 2.7m in height and maximum 30sq.m in area).
14.2.4
DENSITY
Maximum: 48 units.
14.2.7
LANDSCAPED AREA
Minimum:
30% of the site area which may include outdoor terraces used for
amenity areas and green roof areas.
(c)
Notwithstanding Section 6.6 Encroachment into Yards, the following shall apply:
6.6.1 BALCONIES
No projections shall be permitted into the northerly side yard located adjacent to the "P5" Zone.
Page 76
(d)
Notwithstanding Section 7.6, Loading Spaces, 7.13 Off-Street Parking and Section 7.14
Dimensions for the Design of Parking Areas, the following shall apply:
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
7.6
LOADING SPACES
7.6.3
A loading space may be located a minimum distance of 5.5 metres from a
public thoroughfare.
7.12 OFF-STREET PARKING SPACE REQUIREMENTS
7.12.1.5
Apartment
1.5 spaces per dwelling unit, of which
Buildings
0.25 spaces per dwelling unit shall be
provided for Visitor Parking.
7.13 OFF-STREET LOADING REQUIREMENTS
7.13.1
RESIDENTIAL USES
Minimum Width: 3.7m
Minimum Length: 9.0m
Minimum Height: 4.0m
7.14 DIMENSIONS FOR THE DESIGN OF PARKING AREAS
7.14.1
MINIMUM DIMENSIONS
Angle: 90 degrees
Width: 2.6m
Length: 5.5m
That an (H) Holding Symbol, pursuant to Section 36 of The Plannin.q Act, R.S.O. 1990, c.P. 13 and
Sub-section 4.9 of By-law No. 3581-86, is hereby applied to the RM3/S-123 Zone category as it applies
to 24 Brock Street. Such Holding Symbol (H) shall continue to apply to the subject lands until removed
by subsequent By-law Amendment. Council shall remove the (H) Holding Symbol by By-law
Amendment upon the following requirement having been addressed:
(i)
A Construction Management Plan has been approved, to the satisfaction of the Manager of
Development Planning, in consultation with the Hamilton Conservation Authority.
Page 77
(ii)
The Senior Director of Growth Management confirms that he is satisfied there is sufficient and
adequate water service and water pressure available, including sufficient and adequate water
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
service and pressure for firefighting purposes, for any development at 24 Brock Street North,
permitted by By-law 3581-86, as amended.
S-125
13-207
Central Business
CENTRAL AREA COMMERCIAL (C.A.C./S-125)
15-151
District
That notwithstanding the provisions of Section 18 Central Area Commercial Zone (C.A.C.) and the
provisions of Section 7 Off-Street Parking and Loading, the following Special Provisions shall apply to
the lands known municipally as 65 Hatt Street, shown as C.A.C./S-125 on Schedule "A".
1.
PERMITTED USES:
The following additional use shall be permitted, and only within the building existing on the date
of the passing of this By-law, being the 16th day of August, 2013:
Craft Brewery
(SIC 1131)
For the purposes of this By-law, a Craft Brewery shall be defined as: a facility at which malt
beverages fermented on the premises are packaged and sold for distribution, retail, or wholesale.
The facility may include retail sales, tours, and a hospitality and tasting area, but shall not include
a restaurant, tavern, bar, night club, or take-out food service.
2.
YARD REQUIREMENTS
The building existing at the date of passing of this By-law, being the 16th day of August, 2013,
shall be deemed to comply with the provisions of the Zoning By-law.
3.
GROSS FLOOR AREA
The maximum gross floor area devoted to the retail and tasting component of the Craft Brewery
shall not exceed 450 sq. m.
4.
OFF-STREET PARKING AND LOADING:
No off-street parking or loading is required for the use identified in Clause 1 above.
15-151
That the 'H' symbol may be removed at such time as the following has been satisfied:
Page 78
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(i)
That the applicant/owner applies for and is issued an Environmental Compliance Approval (ECA)
- Air from the Ministry of Environment (MOE) to address and mitigate any potential odour and
noise emissions from the proposed Craft Brewery, to the satisfaction of the City of Hamilton,
Director of Planning.
S-126
13-261
Central Business
CENTRAL AREA COMMERCIAL ZONE (CAC/S-126)
District
That notwithstanding the provisions Of Section 18: Central Area Commercial (CAC) Zone, the following
Special Provisions shall apply to lands known municipally as 16 and 22 King Street East, shown as
"CAC/S-126" on Schedule "A".
(i)
Notwithstanding Section 18.1 Permitted Uses, Commercial uses shall be required along the King
Street frontage.
(ii)
Notwithstanding Section 18.3.2 Regulations for Residential-Commercial Buildings, the following
special regulations shall apply:
18.3.2 YARD REQUIREMENTS
18.3.2.1 FRONT YARD
(i)
0.0m.
(ii)
3.9m for the front principal wall of the building 16.5m and above in
height.
(iii)
6.5m for the front principle wall of the building 19.0m and above in
height.
18.3.2.2 SIDE YARD
Minimum: 0.16m.
18.3.2.3 REAR YARD
Minimum: 1.08m.
Page 79
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
18.3.3
GROSS FLOOR AREA
The total gross floor area of all buildings on a site shall not exceed 7,623 sq.
m., provided that a minimum of 6.0 percent of the gross floor area shall be used
for commercial purposes.
18.3.4
HEIGHT
Maximum: 25 metres (excluding an elevator bulkhead, which shall be a
maximum of 2.5 metres in height).
18.3.5
LOT COVERAGE
Maximum: 97 percent.
18.3.6
FLOOR AREA
The minimum floor area per dwelling unit shall be as follows:
(i)
Studio dwelling units:
36 sq. m.
(ii)
One-bedroom dwelling units:
46 sq. m.
18.3.8
LANDSCAPED AREA
(i) Minimum: 3.0 percent.
18.3.7
OFF-STREET PARKING
The provisions of Clause 18.2.4 shall apply, and no less than the number of
parking spaces shall be provided in a lot:
(i)
0.3 parking space shall be provided per unit for units 60 sq. m. or less;
(ii)
1 parking space shall be provided per unit for units more than 60 sq. m.
Page 80
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
18.2.4.2 LOCATION
No parking space or part thereof shall be located, and no land shall be used for
the temporary parking or storage of any motor vehicle at a distance of not less
than:
(a)
(i)
O.Om from the front lot line.
(ii)
0.16m from the westerly side lot line.
(iii)
1.08m from the rear lot line.
(iv)
0.19m from the easterly side lot line.
(b)
3.0m from any public thoroughfare for only parking located at-grade.
(iii)
Notwithstanding Section 7.0 Regulations for Off-street Parking and Loading, the following special
provisions shall apply:
7.14 DIMENSIONS FOR THE DESIGN OF PARKING AREAS
(i)
No Parking Space shall be less than 2.6m in width by 5.5m in length, save and
except for a Barrier Free Parking Space which shall be a minimum of 4.4m in width
by 5.5m in length.
(iv)
A minimum of 50 percent of the area of the ground floor facade along the King Street West lot
line shall be composed of windows and doors.
S-127
14-029
Spencer Creek
HOLDING - MEDIUM TO HIGH DENSITY MULTIPLE DWELLING ZONE (H-RM3/S-127)
14-306 (OMB)
That notwithstanding the provisions of Section 14: Medium to High Density Multiple Dwelling Zone, the
following Special Provisions shall apply to lands known municipally as 336 and 338 King Street West,
shown as "RM3/S-127" on Schedule "A".
(i)
Notwithstanding Section 14.1 Permitted Uses, the following special regulation shall apply:
14.1.1
A MIXED-USE 4 STOREY APARTMENT BUILDING with two commercial units,
located on the ground floor having a combined maximum floor area of 199 square
metres along the King Street lot line. The commercial uses shall be limited to uses
listed under Retail Trade Industries excluding any automotive and motor vehicle uses,
restaurant use.
Page 81
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
14.1.2
Uses listed under Health and Social Service Industries shall be prohibited, including
medical clinics and Child Care Centres.
(ii)
Notwithstanding Section 14.2 Regulations for Apartment Buildings, the following special
requirements shall apply:
14.2 REGULATIONS FOR APARTMENT BUILDINGS
14.2.1
AREA REQUIREMENTS
14.2.1.1
LOT AREA
Minimum
740 square metres
14.2.1.2
LOT FRONTAGE
Minimum
20 metres
14.2.2
YARD REQUIREMENTS
14.2.2.1
FRONT YARD
Minimum
1.5 metres
14.2.2.2
SIDE YARD (easterly)
Minimum
2.0 metres
14.2.2.2
SIDE YARD (westerly)
Minimum
1.2 metres
14.2.2.3
REAR YARD
Minimum
3.5 metres (including underground parking
wall)
14.2.4
DENSITY
Maximum
175 dwelling units per hectare
14.2.7
LANDSCAPING REQUIREMENTS
14.2.7.1
LANDSCAPED AREA
Minimum
15 percent of the site area shall be landscaped.
Page 82
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
14.2.7.2
BUFFER STRIP (westerly)
Minimum
1.2 metres
BUFFER STRIP (rear yard)
Minimum
2.0 metres
(iii)
Notwithstanding Section 6.11 Landscape Requirements, the following special regulations shall
apply:
6.11 LANDSCAPE REQUIREMENTS
6.11.1
LANDSCAPING ALONG STREET LINES
Minimum
2.0 metres along Brock Street
1.5 metres along King Street West
6.11.3
LANDSCAPING IN RESIDENTIAL FRONT YARDS
Minimum
20 percent
(iv)
Notwithstanding Section 7.12 Off-Street Parking and Section 7.13 Off- Street Loading Space, the
following shall apply:
7.12
OFF-STREET PARKING SPACE REQUIREMENTS
7.12.1
RESIDENTIAL/COMMERCIAL USES
A total of 18 spaces shall be provided for an apartment building with two commercial
units and thirteen residential units.
7.13
OFF-STREET LOADING REQUIREMENTS
0 (zero) loading spaces shall be provided instead of the required 1.
7.14
DIMENSIONS FOR THE DESIGN OF PARKING AREAS
The minimum dimensions for the provisions of required parking spaces shall be 2.6
metres wide and 5.5 metres in length.
That the 'H' symbol may be removed at such time as the following has been satisfied:
Page 83
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
a)
The owner/applicant submits a signed Record of Site Condition (RSC) to the City of Hamilton
and the Ministry of the Environment (MOE). This RSC must be to the satisfaction of the City of
Hamilton, including an acknowledgement of receipt of the RSC by the MOE, and submission of
the City of Hamilton's current RSC administration fee.
b)
The owner/applicant shall investigate noise levels on the site and determine and implement the
noise control measures that are satisfactory to the City of Hamilton in meeting the Ministry of the
Environment's recommended sound level limits. An acoustical report prepared by a qualified
Professional Engineer containing the recommended control measures shall be submitted to the
satisfaction of the City of Hamilton, Director of Planning. Should a peer review of the acoustical
report be warranted, all associated costs shall be borne by the owner/applicant and shall be
submitted to the satisfaction of the Director of Planning.
c)
The owner/applicant shall investigate anticipated residential water usage and fire flow through
the submission of a Watermain Hydraulic Analysis Report to the satisfaction of the Senior
Director of Growth Management.
S-127a
19-196
Spencer
Low to Medium Density Multiple Dwelling Zoning ZONE (RM1/S-127a)
Creek
i)
Notwithstanding Subsections 6.6.2, 6.6.8, and 6.6.9, and in addition to 6.6.9 (i), (ii), (iii), and (iv),
the following special regulations shall apply:
6.0
GENERAL REGULATIONS
6.6
ENCROACHMENTS INTO YARDS
6.6.2 CANOPIES
A canopy may project:
(i)
into a required front yard, not more than
1.0 metres provided that no such
projection be closer to a street line than
0.30 metres; and,
ii)
into the required easterly side yard not
more than 0.85 metres provided that no
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
6.6.8
UNCOVERED PORCHES
A terrace, uncovered porch, platform or ornamental feature which does
not extend more than 2.0 metres above the floor level of the second
storey may project 3.0 metres into a required yard.
6.6.9
UNENCLOSED PORCHES
A roofed-over or screened but otherwise unenclosed one-storey porch
at the first storey level including eaves and gutters may project into a
required yard to a distance of not more than 3.0 metres, and shall be
permitted to be 0.0 metres from the easterly side lot line.
ii)
Subsection 6.11.3 shall not apply.
ii)
In addition to Subsection 7.3, no vehicular access or parking space shall be permitted
in the side yard abutting the Brock Street South street line.
iii)
Notwithstanding Subsection 7.12.1.3, 1.0 parking space per dwelling unit shall be
provided.
iv)
Notwithstanding Subsections 12.3.1.1, 12.3.2.1, 12.3.2.2, 12.3.2.3, 12.3.3, 12.3.4.2,
12.3.6.1, 12.3.6.2, the following special regulations shall apply:
12.3
REGULATIONS FOR MAISONETTE DWELLINGS AND TOWNHOUSE DWELLINGS
12.3.1 AREA REQUIREMENTS
12.3.1.1 LOT FRONTAGE
Minimum
20 metres
12.3.2 YARD REQUIREMENTS
12.3.2.1 FRONT YARD
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Minimum
1.4 metres, except that a minimum front yard setback of 0.87
metres may be provided to a daylight radius
12.3.2.2 SIDE YARD
Minimum
0.9 metres for an easterly side yard, except that a minimum side
yard setback of 0.87 metres may be provided to a daylight radius:
and,
6.0 metres for a westerly side yard
12.3.2.3 REAR YARD
Minimum 1.5 metres
12.3.3 HEIGHT
Maximum 15.7 metres
12.3.4 DENISTY
12.3.4.2 TOWNHOUSE DWELLINGS
Maximum
81 dwelling units per hectare
12.3.6 LANDSCAPING REQUIREMENTS
12.3.6.1 LANDSCAPED AREA
Minimum
12 per cent of the site area shall be landscaped.
12.3.6.2 BUFFER STRIP
The landscaped are requirements contained in subclause 12.3.6.1 shall not include
a buffer strip of not less than 0.40 metres in width which shall be provided and
maintained adjacent to every portion of any lot line that abuts any R1, R2, R3, R3A,
R4, or R6 Zone.
S-128
14-288
Highland Hills
SINGLE DETACHED RESIDENTIAL ZONE (R1/S-128)
West
That Notwithstanding Sub-section 8.1 PERMITTED USES of SECTION 8: SINGLE-DETACHED
RESIDENTIAL ZONE (R1) and Clause 7.12.2.3 of Subsection 7.12 OFF-STREET PARKING SPACE
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
REQUIREMENTS of SECTION 7: OFF-STREET PARKING AND LOADING, the following Special
Provisions shall apply to lands known municipally as 252 Governor's Road, shown as "R1/S-128" on
Schedule "A".
(i)
A Child Care Centre having a maximum capacity of 26 children shall also be permitted only
within the dwelling existing on the date of the passing of this By-law being the 24th day of
September, 2014.
(ii)
Parking shall be provided at a rate of one space for each 125.0 square metres of gross floor area
that accommodates such use and may be provided within the required front yard and in tandem.
(iii)
Passenger drop-off and pick-up and staff parking shall be provided by the owner, subject to
entering and maintaining an agreement with the owner of the lands located at 1-5 Lyndale Drive,
to the satisfaction of the Director of Planning.
S-129 15-299
Notwithstanding the provisions of Section 3: Definitions, Section 14: Medium to High Density
Multiple Dwelling Zone, Section 7: Off-street Parking and Loading, the following special
provisions shall apply to lands known municipally as 71 Main Street and 10 Baldwin Street,
shown as Block 1 and Block 2 on the attached Schedule "A".
(i)
Notwithstanding Sections 3.2.54 and 3.2.57, the subject lands shall be deemed to be a
Lot, Interior and the Lot Line, Front shall be deemed to be the lot line along Main Street
(ii)
Notwithstanding Section 14.2 Regulations for Apartment Buildings, the following
special regulations shall apply:
14.2 REGULATIONS FOR APARTMENT BUILDINGS
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
14.2.2
YARD REQUIREMENTS
14.2.2.1
FRONT YARD
Minimum (1st to 3rd storey)
0.0 metres
Minimum (4th storey & above)
2.0 metres
14.2.2.2 SIDE YARD
Southerly
Minimum (1st storey)
5.5 metres
Minimum (2nd storey & above)
2.0 metres
Northerly
Minimum (1st storey)
0.0 metres
Minimum (for a portion of the 0.0 metres
2nd & 3rd storeys extending a maximum of
0.0 metres from the front facade)
Minimum (for the portion of the 5.5 metres 2nd & 3rd
storeys extending beyond 10.0 metres from the
front facade and all storeys above)
14.2.2.3
REAR YARD
Minimum (1st storey)
12.5 metres
Minimum (2nd to 6th storeys)
17.5 metres
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Minimum (7th storey)
19.0 metres
Minimum (8th storey)
20.5 metres
Minimum (9th storey)
22.0 metres
14.2.3
HEIGHT
Maximum
29.1 metres.
14.2.4
DENSITY
Maximum
465 dwelling units per hectare.
14.2.5
FLOOR AREA
Notwithstanding Subsection 14.2.5 (ii), a maximum of 28 one bedroom units may have a floor area
less than 55.0 square metres. All other provisions of Subsection 14.2.5 shall apply to the remainder
of the units.
4.2.7
LANDSCAPING REQUIREMENTS
14.2.7.1
LANDSCAPE AREA
Minimum zero per cent of the site area shall be landscaped
14.2.7.2
BUFFER STRIP
Notwithstanding subclause 14.2.7.1 above, a buffer strip of no less than 1.4 metres
in width shall be provided and maintained adjacent to every portion of any lot line that
abuts any R1, R2,R3, R3A, R4 or R6 Zone along the rear lot line.
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
(iii)
Notwithstanding Section 6.6: Encroachment into Yards and 6.16: One Dwelling Per
Lot, the following special regulations shall apply:
6.6.1
BALCONIES
Balconies may project a maximum of 1.5 metres into any required yard.
6.16
ONE DWELLING PER LOT
A multiple dwelling and the existing single detached dwelling shall be permitted on one lot.
(iv)
Notwithstanding, Section 7.2: Manoeuvering Space, Section 7.4: Abutting a Residential Zone,
Section 7.5: Visitor Parking, Section 7.6: Loading Spaces, Section 7.8: Encroachment into Yards,
Section 7.12: Off-street Parking Space Requirements, Section 7.13: Off-Street Parking and Loading
Requirements, and Section 7.14: Dimensions for the Design of Parking Areas, the following special
regulations shall apply:
7.2
MANOEUVERING SPACE
7.2.1
All required parking spaces shall be designed and located such that all vehicles using
such spaces can be parked and manoeuvred entirely within the bounds of the parking
areas within which such spaces are located, and without moving any other vehicle
within such parking area. Manoeuvering space for two parking spaces located in
parallel within the southerly side yard may be provided via the adjoining public alley.
7.4
ABUTTING A RESIDENTIAL ZONE
7.4.1
The boundary of every parking area containing five or more parking spaces, or a
loading space located on the surface of a lot adjoining any residential zone, shall be
located not less than 1.4 metres from the residential zoning boundary.
7.4.4
This clause shall not apply.
7.5
VISITOR PARKING
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
7.5.1
This clause shall not apply.
7.6
LOADING SPACES
7.6.1
Maneuvering space may be provided via the adjoining public alley.
7.6.2
This clause shall not apply.
7.6.3
This clause shall not apply.
7.8
ENCROACHMENT INTO YARDS
This Section shall not apply.
7.12
OFF-STREET PARKING REQUIREMENTS
7.12.1
RESIDENTIAL USES
7.12.1.5
Apartment Buildings 1.0 space per dwelling unit.
7.13
OFF-STREET LOADING SPACE REQUIREMENTS
7.13.1.2
A loading space with the following minimum dimensions is permitted:
Length: 6.7 m
Width: 3.4 m
Height: 4.3 m
7.14
DIMENSIONS FOR THE DESIGN OF PARKING AREAS
7.14.1
The minimum dimension for the provision of required parking spaces shall be 5.5
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
metres in length and 2.6 metres in width. Notwithstanding, a minimum of 1 space shall
be 5.5 metres in length and 4.4 metres in width.
(vi) A minimum of 10 storage spaces for bicycles will be provided within the multiple
dwelling.
S-130 15-299
Notwithstanding anything in Dundas Zoning By-law 3581-86 or this amendment, the
following special provisions shall apply to a portion of the lands known municipally as
10 Baldwin Street, shown as Block 3 on the attached Schedule "A".
i)
The existing single detached dwelling will be permitted and deemed to conform to the
by-law after the passing of this amendment.
ii)
Besides modifications and enhancements to landscaping, no further development is
permitted.
S-132 17-182 Colborne
That notwithstanding the provisions of Section 6.9, 6.11.1, 6.11.2.2 7.3.4, 22.2.2.1,
22.2.2.2: the following
Special Provisions shall apply to lands known municipally as 118 Hatt Street Shown
as IG-FP/S-132 on
Schedule "A".
6.9
Front Yards Adjoining a Residential Zone
Minimum Front Yard Setback: 0.0 metres
6.11.1
Landscaping Along Street Lines (Front Yard and Easterly Yard)
When a lot is used for a non-residential use, there shall be provided and
maintained on the
lot, except for the area occupied by an access driveway or walkway, a
landscaped area having
a minimum depth of 0.0 metres directly abutting any street line.
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
6.11.2.2
Buffer Strip
Minimum width of buffer strip: 0.9 metres along westerly lot line.
7.3.4
Access
Where a non-residential use is adjacent to a residential zone, every
access driveway to or
from the non-residential use shall be located not less
than 0.9 metres from the common
boundary with the residential zone.
(i)
In addition to Section 22.1: Permitted Uses, the following uses shall also be
permitted:
- A Medical Office, specifically Offices of Physicians, Surgeons and Dentists,
Private Practice; and,
- Business Service Industries:
- Employment agencies and personnel suppliers;
- Computer and related services;
- Accounting and bookkeeping services;
- Advertising services;
- Architectural engineering and other scientific and technical services;
- Offices of lawyers and notaries;
- Management consulting services; and,
- Other business services.
22.2.2.1
Minimum Front Yard
Minimum Front Yard Setback: 0.0
22.2.2.2
i) Minimum Side Yard - East (Flankage Street)
Minimum Side Yard Setback: 0.0 metres to the hypotenuse of the daylight
triangle at the
corner of Hatt Street and McMurray Street.
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
22.2.2.2
ii) Minimum Side Yard - West
Minimum Side Yard Setback: 4.5 metres.
S-139
19-055
(i) Notwithstanding Subsections 6.6.8, 7.12.1.3, 12.3.2.1, 12.3.2.2, 12.3.3, 12.3.4,
12.3.6, the following special regulations shall apply:
12.3 REGULATIONS FOR MAISONETTE DWELLINGS AND TOWNHOUSE
DWELLINGS
12.3.2
YARD REQUIRMENTS
12.3.2.1 FRONT YARD
Minimum 3.92 metres
12.3.2.2 SIDE YARD
Minimum
3.35 metres (easterly)
2.5 metres (westerly)
12.3.3
HEIGHT
Maximum
a)
10.5 metres
b)
Notwithstanding a) above, 13.5 metres for a
three storey townhouse provided a minimum
setback of 35 metres to the rear lot line is
provided.
12.3.4
DENSITY
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
Maximum
Townhouse Dwellings
49 dwelling units per hectare
12.3.6
LANDSCAPING REQUIREMENTS
12.3.6.1
LANDSCAPED AREA
Minimum 30 percent of the site area shall be
landscaped
12.3.6.2
BUFFER STRIP
The landscaped area requirements contained in
subclause 12.3.6.1 shall include a buffer strip of not
less than 2.5 metres in width which shall be provided
and maintained adjacent to every portion of any lot line
that abuts an R1, R2, R3, R3A, R4 or R6 Zone. The
buffer strip shall be provided and maintained within the
minimum yard requirements of the zone.
12.3.7
AMENITY AREA REQUIREMENTS
For each three storey townhouse dwelling, a minimum private amenity
area of 6.0 square metres shall be provided in the form of a second
storey deck or rooftop patio.
6.6.8
UNCOVERED PORCHES
A terrace, uncovered porch, platform or ornamental feature which
does not extend more than 1.0 metres above the first floor level of the
first storey may not project into a required front yard.
"S"
BY-LAW
NUMBER NUMBER NEIGHBOURHOOD
EXCEPTION
7.12.1.3 Townhouse Dwellings 2.25 spaces per dwelling unit, of which 0.25
spaces per dwelling unit shall be provided for visitor parking.
(ii).
That the "H" symbol may be removed at such time as the following
has been satisfied:
(i)
That the owner / applicant provide an update, submit and
implement the Documentation and Salvage Report to further
detail their approach for removing, labelling, storing, and if
required, reassembly of material salvaged from the buildings on-
site and how they intend to incorporate any of the salvaged
materials on-site, to the satisfaction of the Director of Planning
and Chief Planner.
SCHEDULES