This is the exact embedded text of the captured official document.
Snapshot 326222edf05e · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CITY OF STONEY CREEK
ZONING
BY-LAW No.
3692-92
Consolidated: May 2026
TABLE OF CONTENTS
PART 1
INTRODUCTION
Page
Section:
1.1
Title
1.2
Defined Area
INTRO-1
INTRO-1
PART 2
DEFINITIONS
DEF-1-34
PART 3
INTERPRETATION
Section:
3.1
Minimum Requirements
INTER-1
3.2
Interpretation of Schedules
INTER-1
3.3
Zone Boundaries
INTER-1
3.4
Meaning of Certain Words
INTER-2
3.5
Classification of Zones
INTER-2
3.6
Appendices
INTER-4
3.7
Special Exemptions
INTER-4
3.8
Holding Zones
INTER-4
3.9
Temporary Use Zones
INTER-5
3.10
Floodplains
INTER-5
3.11
Special Figures
INTER-5
PART 4
GENERAL PROVISIONS FOR ALL ZONES
Section:
4.1
Scope and Effect
GEN-1
4.2
Requirements for a Lot
GEN-1
4.3
Compliance with Other By-laws, Regulations,
Licenses and Permits
GEN-1
4.4
Existing Uses and Lots
GEN-1
4.5
Accessory Buildings and Structures
GEN-5
4.6
Access
GEN-6
4.7
Height Regulations
GEN-6
4.8
Home Occupations
GEN-7
4.9
Loading Regulations
GEN-8
4.10
Parking Regulations
GEN-9
4.11
Sign and Fence Regulations
GEN-15
4.12
Storage
GEN-15
4.13
Special Setbacks
GEN-15
4.14
Swimming Pools and Hot Tubs
GEN-16
4.15
Temporary Uses
GEN-17
4.16
Mechanical and Unitary Equipment
GEN-18
4.17
Uses Permitted in All Zones
GEN-18
4.18
Uses Prohibited in All Zones
GEN-19
4.19
Yard Encroachments
GEN-22
4.20
Model Homes in Draft Plans of Subdivision
GEN-23
4.21
Home Child Care
GEN-23
PART 5
RURAL ZONES
Section:
5.1
General Provisions for Rural Zones
RUR-1
5.2
Agricultural "A" Zone
RUR-3
5.3
Agricultural Specialty "AS" Zone
RUR-8
5.4
Rural Residential "RR" Zone
RUR-13
5.5
Rural Residential Estate "RRE" Zone
RUR-20
PART 6
RESIDENTIAL ZONES
Section:
6.1
General Provisions for Residential Zones
RES-1
6.2
Single Residential "R1" Zone
RES-12
6.3
Single Residential "R2" Zone
RES-27
6.4
Single Residential "R3" Zone
RES-54
6.5
Single Residential "R4" Zone
RES-57
6.6
Residential "R5" Zone
RES-103
6.7
Residential "R6" Zone
RES-115
6.8
Multiple Residential "RM1" Zone
RES-127
6.9
Multiple Residential "RM2" Zone
RES-139
6.10
Multiple Residential "RM3" Zone
RES-180
6.11
Multiple Residential "RM4" Zone
RES-280
6.12
Multiple Residential "RM5" Zone
RES-291
PART 7
NEIGHBOURHOOD DEVELOPMENT
Section:
7.1
Neighbourhood Development "ND" Zone
ND-1
PART 8
COMMERCIAL ZONES
Section:
8.1
General Provisions for Commercial Zones
COM-3
8.2
Local Commercial "LC" Zone
COM-11
8.3
General Commercial "GC" Zone
COM-19
8.4
Service Commercial "CS" Zone
COM-49
8.5
Central Area Commercial "CA1" Zone
COM-51
8.6
Central Area Commercial "CA2" Zone
COM-57
8.7
Highway Commercial "HC" Zone
COM-60
8.8
Mixed Use Commercial "MUC" Zone
COM-67
8.9
Neighbourhood Shopping Centre "SC1" Zone
COM-77
8.10
Community Shopping Centre "SC2" Zone
COM-83
8.11
Rural Commercial "RC" Zone
COM-110
PART 9
INDUSTRIAL ZONES
Section:
9.1
General Provisions for Industrial Zones
IND-1
9.2
Small Scale Industrial "MS" Zone
IND-4
9.3
Preferred Industrial "MP" Zone
IND-9
9.4
Prestige Industrial "MT" Zone
IND-15
9.5
General Industrial "MG" Zone
IND-21
9.6
Special Purpose Industrial "MSP" Zone
IND-29
9.7
Business Park Industrial "MBP" Zone
IND-38
9.8
Extractive Industrial "ME" Zone
IND-41
9.9
Rural Industrial "MR" Zone
IND-43
PART 10
INSTITUTIONAL ZONES
Section:
10.1
General Provisions for Institutional Zones
INST-1
10.2
Small Scale Institutional "IS" Zone
INST-2
10.3
Major Institutional "I" Zone
INST-6
PART 11
OPE N SPACE ZONES
Section:
11.1
General Provisions for Open Space Zones
OS-1
11.2
Open Space "OS" Zone
OS-2
11.3
Intensive Recreation "IR" Zone
OS-7
11.4
Park "P" Zone
OS-9
PART 12 ADMINISTRATION AND ENFORCEMENT
Section:
12.1
Administration
ADMIN-1
12.2
Inspection of Premises
ADMIN-1
12.3
Violations and Penalties
ADMIN-1
12.4
Enforcement
ADMIN-2
12.5
By-laws Repealed
ADMIN-2
12.6
Validity and Effective Date
ADMIN-2
PART 13 SCHEDULE "A" (INDEX MAP AND MAP NOS. 1-19 INCLUSIVE)
PART 14
APPENDIX "A"
-
MINIMUM DISTANCE SEPARATION
FORMULA (deleted by By-law No. 07-112)
PART 15 SPECIAL FIGURES
FIG - 1
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
3704-93
JAN.12/93
LINDEBOOM
1472
19
288 EIGHTH STREET
A TO RR AND A-2
3706-93
JAN.12/93
DESANTIS
1474
7
604-610 BARTON STREET
REMOVE (H) - RM3(H)
3724-93
JAN.26/93
KINGFORD
1446
3
BARTON/MCNEILLY ROAD
REMOVAL (H) SYMBOL
3726-93
JAN.26/93
HERITAGE GREEN #5
1475
15
WINTERBERRY DRIVE
SR2 TO SR3
3728-93
JAN.26/93
MOHAWK COLLEGE
1476
1
330 LEASIDE AVENUE
MSP-6 - ADD. BUILDING
3753-93
MAR.23/93
PALETTA
1477
12
288 SECOND ROAD EAST
AGRICULTURAL TO RR
3755-93
MAR.23/93
DJENERALOVIC
1479
7
238 JONES ROAD
AS TO AS-3 AND RR-6
3757-93
MAR.23/93
W.A. CONSTRUCTION
1458
3
SOUTH SERVICE ROAD
RETAIL MAX. 40% - MT3
3759-93
MAR.23/93
LAURENTI
1452
17
299 SECOND ROAD EAST
A TO A-3 AND RR-5
3773-93
APR.27/93
PELONE
1478
12
233 GREEN MOUNTAIN
A TO RR AND RR-7
3775-93
APR.27/93
DICROCE
1483
17
HIGHLAND ROAD
A TO RR-8 AND RR-9
3782-93
MAY 11/93
SUNSHINE HOMES
1379
7
HIGHWAY NO. 8
ND TO R2-25 AND RM3-6
3799-93
MAY 25/93
732055 ONT. INC.
1471
1
GREEN/FRANCES
RM5-2 AND LC-2 TO GC-35
3801-93
MAY 25/93
DEERFIELD ESTATES
1485
16
HIGHBURY DRIVE
ND AND R2-18 TO R2
3813-93
JUN.22/93
CHURCH L-D SAINTS
1486
6
345-355 HIGHWAY NO. 8
GC-15 TO GC 14 (AU)
3816-93
JUN.22/93
ROB-GEOFF PROP.
1492
16
FIRST ROAD WEST
REMOVE (H) - R2-19(H)
3828-93
JUL.13/93
MARZ HOMES
1482
7
JONES ROAD
AS TO AS-4 AND RR-10
3836-93
JUL.13/93
549367 ONTARIO INC.
1488
16
257 JONES ROAD
AS TO AS-5 AND RR-11
3838-93
JUL.13/93
839998 ONTARIO INC.
1468
12
30 RIDGE ROAD
A TO RR
3840-93
JUL.13/93
SHMAYDA
1484
--
386-392 BARTON STREET
GC-10 TO EXPAND USES
3843-93
JUL.13/93
ROYALCREST
1466
7
199 GLOVER ROAD
AS TO I-2 AND AS-6
3863-93
SEP.14/93
STONEY CREEK
46.10
GENERAL AMENDMENT
VARIOUS (HOUSEKEEPING)
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
3865-93
SEP.14/93
LUVAL ENTERPRISES
1469
10
MUD/MOUNT ALBION
R3-2 TO RM3-7 AND R3
3881-93
OCT.26/93
K. & H. CREEK INV.
1489
5
DONN/QUEENSTON ROAD
RM5 TO GC-36
3902-93
NOV.23/93
OLC/VALLEY PARK #3
1490
15
PARAMOUNT DRIVE
ND TO RM3(H)
3904-93
NOV.23/93
PIRERRA
1470
5
KING AND JONES STREET
CA1 TO CA1-5
3906-93
NOV.23/93
248812/SILVESTRI
1495
15
PARKVISTA PLACE
IS AND R3-7H TO R3
3907-93
NOV.23/93
SUSTR
46.10
2
LAKEVIEW DRIVE
R2 TO IS-7
3921-93
DEC.14/93
MESSIAH LUTHERAN
1494
6
454 HIGHWAY NO. 8
IS TO GC-37
3948-94
FEB.22/94
PRITCHARD
1497
10
368 MUD STREET WEST
R1 TO R2
3960-94
FEB.22/94
822880 ONT. LTD.
1491
1
231 NORTH SERVICE RD.
ND TO RM3-8 & OS
3970-94
MAR.22/94
ZANON/TREVISANI
1480
15
HIGHLAND ROAD
ND TO RM3-3(H)/R5(H)/OS
3998-94
APR.26/94
STONEY CREEK
1513
G.A.
GENERAL AMENDMENT
DEFINITION - TOP OF BANK
4000-94
APR.26/94
800062 ONT. INC.
1498
3
967-977 BARTON STREET
TEMPORARY USE
4001-94
APR.26/94
ORC-VALLEY PARK 5
1502
15
DALEGROVE CRESCENT
PERMIT SEMIS
4022-94
MAY 24/94
GVOICH
1506
5
92 CENTENNIAL PKWY.
RM1/GC TO GC-38
4031-94
JUN.14/94
DOMLADOVIC, S.
1504
17
305 GREEN MOUNTAIN
A TO A4 AND RR-12
4032-94
JUN.14/94
STONEY CREEK
46.12
G.A.
GENERAL AMENDMENT
FIRE HALLS IN ALL ZONES
4058-94
AUG.23/94
HILDRETH, G.
1505
19
1058 MUD STREET
A TO RR-13
4059-94
AUG.23/94
STONEY CREEK
1517
16
CARLSON STREET
P TO R6
4060-94
AUG.23/94
STONEY CREEK
1515
MAP
LOT OF RECORD
INDUSTRIAL ZONES
4061-94
AUG.23/94
H-G, HIGHLAND ST. #1
1388
16
HILLGARDEN DRIVE
ND TO R2-29
4072-94
AUG.23/94
DALMA GARDENS
1487
15
HIGHLAND ROAD WEST
ND TO R3
4073-94
AUG.23/94
W.C.B.E.
1506
16
HIGHLAND ROAD WEST
ND TO I
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
4076-94
SEP.13/94
HOMES BY DESANTIS
1461
16
511 HIGHWAY NO. 8
ND TO RM3-9
4111-94
OCT.25/94
HEERINGA
1510
8
220 MCNEILLY ROAD
RR & AS TO RR-15 &AS-8
4112-94
OCT.25/94
JOSIPOVIC
1508
N/A
255 JONES ROAD
RR-11- AREA/FRONTAGE
4113-94
OCT.25/94
FERRARA
1509
8
1207 HIGHWAY NO. 8
R1 & AS TO R1-2 & 3 & AS-7
4115-94
OCT.25/94
732055 ONT. (RES)
1500
1
FRANCES/GREEN
RM3 TO RM3-10
4128-94
NOV.22/94
STONEY CREEK
1522
N/A
YARDS - TOWNHOUSES
AMEND "RM3"
4129-94
NOV.22/94
STONEY CREEK
1522
N/A
LOT COVERAGE/SIDE YARD
AMEND "RR" ZONE
4137-94
DEC.13/94
GLAVAC, V.
1518
19
118 EIGHTH ROAD EAST
A TO A-5 AND RR
4138-94
DEC.13/94
HALPER, T.
1519
7
227 JONES ROAD
RR TO RR-16 AND RR-17
4139-94
DEC.13/94
BODDEN'S (BRAMALEA)
1521
6
439-465 HIGHWAY NO. 8
SC2 TO SC2-1
4140-94
DEC.13/94
STONEY CREEK
1522
N/A
ACCESSORY BUILDINGS
SECTION 6.1.4
4146-95
JAN.31/95
RADOS, M.
1523
8
228 MCNEILLY ROAD
AS TO RR-14 AND AS-9
4147-95
JAN.31/95
ROB-GEOF F PROP.
1520
16
131 CANDLEWOOD
I TO R3 AND R3-8
4167-95
FEB.14/95
HILTS, J.
1511
6
38 JENNY COURT
ND TO R1-4 AND R1-5
4180-95
MAR.14/95
HARVEY DAVIS
1512
16
2251 RYMAL ROAD
IS TO HC-4
4181-95
MAR.14/95
KEMP HOLDINGS
1527
1
TEAL/SOUTH SERVICE RD.
MP TO MP8, 9,10,11
4195-95
APR.25/95
BROWN, C.
1526
5
30 LAKE AVENUE DRIVE
RM1 TO GC-39
4197-95
APR.25/95
ROB-GEOFF PROP.
1525
16
N/E RYMAL & WHITEDEER
RM5-6 TO RM3-13
4199-95
APR.25/95
927247 (FAIRWAYS)
1448
1
465 DEWITT ROAD
ND TO RM2 & RM3-11
4200-95
APR.25/95
STONEY CREEK
1528
--
GENERAL AMENDMENT
HOME OCCUPATIONS
OMB
MAY 3/95
ITALIANO, J.
46-10
6
176-178 HIGHWAY NO. 8
GC-40
4232-95
MAY 23/95
STONEY CREEK
1530
--
GENERAL AMENDMENT
LOTS BY CONSENT
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
4240-96
JUN.13/95
FIFTY RD. JOINT VENTURE 1460
4
FIFTY ROAD
ND TO R1-6
4245-95
JUN.13/95
HG - HIGHLAND #3
1535
16
FIRST ROAD WEST
ND TO R2
4246-95
JUN.13/95
STANLOW HOLDINGS
1531
6
242-246 BARTON STREET
ND & RM3 TO RM3-14
4262-95
JUL.11/95
BLACKHEATH (TIM'S)
1529
17
MUD/UPPER CENTENNIAL
OS TO HC
4294-95
SEP.26/95
DEBNY CONSTRUCTION
1533
16
SECOND ROAD WEST
R6 & ND TO R2-30(H)
4303-95
OCT.24/95
STONEY CREEK, CITY OF
1537
N/A
PERMITTED USES RM3
MODIFY RM3 ZONE
4334-96
JAN.09/96
STONEY CREEK, CITY OF
1539
N/A
PARKING - INDUSTRIAL
SECTION 9
4335-96
JAN.09/96
STONEY CREEK, CITY OF
1539
N/A
TEMP. USE - MODEL HOMES
PART 2 - SECTION 4.5
4344-96
JAN.23/96
STONEY CREEK FURN.
1541
N/A
395 LEWIS ROAD
ADD. GROSS RETAIL SPACE
4345-96
JAN.23/96
BERGSHOEFF, JOHN
1536
1
281 BARTON STREET
PORTION MSP-2 TO MSP-19
4360-96
MAR.12/96
ZDEB, WALTER
1543
1
232 BARTON STREET
ND TO R2
4385-96
MAY 28/96
CATHOLIC CEMETERIES
1534
18
681 MUD STREET
A TO OS-5
4387-96
MAY 28/96
STONEY CREEK, CITY OF
1546
N/A
GENERAL AMENDMENT
ADULT ENTERTAINMENT
4397-96
JUN.11/96
1002406 ONTARIO LTD.
1545
N/A
126 UPPER CENTENNIAL
PERMIT RENTAL TRUCKS
4404-96
JUN.26/96
H-G HIGHLAND STAGE 2
1540
16
WHITEDEER ROAD
ND TO R2-31, R3-9, RM3-15(H)
4405-96
JUN.26/96
H-G VALLEY PARK #6
1532
15
HIGHLAND ROAD
ND TO R2-32 AND R2-33
4414-96
JUL.09/96
GALLILEO'S RESTAURANT 1548
8
1223 HIGHWAY NO. 8
IS AND AS TO GC-30
4437-96
SEPT.10/96
IVAN KONTIC
1544
6
261 KING STREET EAST
R1 TO RM3-15
4444-96
SEPT. 24/96
KBT HOLDINGS INC.
1549
16
135 UPPER CENTENNIAL
ND & R2 TO GC-41(H) & OS
4465-96
OCT.22/96
WINONA MEADOWS
1542
8
BARTON STREET
ND TO R2
4466-96
OCT.22/96
DALMA GARDENS
1487
15
HIGHLAND ROAD
ND TO R3, R3-10 AND OS
4467-96
OCT.22/96
KRYZAN, B., ESTATE OF
1550
16
HIGHLAND ROAD WEST
ND TO R2 AND R2-34
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
4470-96
OCT.22/96
OLDE TOWN DISTRICT
1547
5
OLDE TOWN
VARIOUS
4484-96
NOV.26/96
IPCF (FORTINOS)
1551
16
UPPER CENTENNIAL/RYMAL
SC1-2(H)
4513-97
FEB.25/97
STONEY CREEK
1554
9
HOUSEKEEPING 1996
VARIOUS
4514-97
FEB.25/97
STONEY CREEK
1555
N/A
SC1 ZONE
NO LIMIT MAX. # OF BLDGS.
4515-97
FEB.25/97
ONTARIO REALTY CORP.
1552
16
HIGHLAND ROAD WEST
R3-11 ZONE
4525-97
MAR.25/97
SALATINO, V.
1556
16
11 WHITEDEER/2157 RYMAL
ND TO GC-43
4526-97
MAR.25/97
STONEY CREEK
1561
N/A
GENERAL AMENDMENTS
SIGNS BY-LAW
4538-97
APR.29/97
MULTI-AREA DEV.
1559
16
HIGHBURY/GATESTONE
RM3-15(H) - RM3-17(H)
4579-97
JUN.24/97
APPLE BLOSSOM EST.
1558
6
DEWITT ROAD
ND & R2 TO R3 AND R4
4580-97
JUN.24/97
STONEY CREEK
1562
N/A
GENERAL AMENDMENT
FLANKAGE SIDE YARD
4593-97
JUL.22/97
MULTI-AREA DEV.
1559
16
HIGHBURY/GATESTONE
REMOVE "H" RM3-15
4605-97
AUG.26/97
STONEY CREEK
1565
N/A
GENERAL AMENDMENT
ZERO FRONT YARD
4632-97
OCT.28/97
LOSANI HOMES
1564
6
ASHWOOD COURT
ND TO R3 ZONE
4634-97
OCT.28/97
MARZ HOMES - HARBOUR
1570
2
2 HARBOUR DRIVE
LC ZONE TO RM3-19 ZONE
4635-97
OCT.28/97
STONEY CREEK
1574
N/A
GENERAL AMENDMENT
HOSPICE IN CA1-1 ZONE
4637-97
OCT.28/97
POMPEANI ENTERPRISES
1566
6
MARGARET AVENUE
GC-18 TO RM2-2 ZONE
4655-97
NOV.25/97
LYNN WATSON
1575
N/A
25 LAKE AVENUE DRIVE
RM1-1 - ADDITIONAL USES
4656-97
NOV.25/97
MARZ HOMES / DEWITT
1572
1
DEWITT ROAD
RM2-3 - SETBACK /LAKE
4660-97
DEC.4/97
MULTI-AREA DEV.
1559
16
HIGHBURY/GATESTONE
REMOVE (H) FROM RM3-17
4661-97
DEC.4/97
PROVINCIAL CONCRETE
1569
10
ATHENIA DRIVE
R1 AND R2 TO R4-2
4662-97
DEC.4/97
RIVERSO/SANTUCCI
1576
15
HIGHLAND ROAD WEST
R2-38, R2-39(H), R2-40(H)
4669-98
JAN.13/98
BELL CANADA
1578
15
HIGHLAND ROAD WEST
ND TO R2 AND R4(H)
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
4690-98
FEB.24/98
MARZ HOMES
1568
6
TALLMAN EXTENSION
R2 TO R3 AND R2-35, RM3-18
4691-98
FEB.24/98
NESTEX DEVELOPMENTS
1580
6
464 HIGHWAY NO. 8
RM3-1(H) TO RM2-4(H)
4700-98
MAR.10/98
CEDAR POINT ESTATES
1571
6
242-246 BARTON STREET
RM3-14 AND RM3-20
4710-98
MAR.24/98
LEE, PARK MOON
1581
6
274 BARTON STREET
ND TO LC-8(H)
4720-98
APR.14/98
STONEY CREEK, CITY OF
1583
N/A
GENERAL AMENDMENT
PRIVATE SATELLITE DISHES
4742-98
MAY 12/98
L.I.U.N.A. GARDENS
1577
4
WINONA ROAD
ND - R2-36 & R2-37
4753-98
MAY 26/98
DR. A. FRISINA
1582
6
181-183 HIGHWAY NO. 8
R4 AND R4-1 TO GC-44
4770-98
JUN.23/98
STONEY CREEK, CITY OF
1584
N/A
GENERAL AMENDMENT
FIVEPLEXES / SIXPLEXES
4782-98
JUL 14/98
DESANTIS/MARZ
1585
1
GREEN ROAD/FRANCES
GC35 TO RM2
4783-98
JUL.14/98
MARZ HOMES
1586
6
DARROW DRIVE
R5 TO R4
4800-98
AUG. 25/98
MOUNTAIN GARDENS
1573
16
HIGHBURY DRIVE
ND TO R2(H) AND R3(H)
4801-98
AUG. 25/98
H-G VALLEY PARK #3
1490
15
800 PARAMOUNT DRIVE
REMOVE "H" FROM RM3(H)
4802-98
AUG. 25/98
NESTEX DEVELOPMENTS
1580
6
464 HIGHWAY NO. 8
REMOVE "H" FROM RM2(H)
4815-98
SEP. 22/98
TOSCANI - HIGHLAND
1579
16
207 HIGHLAND ROAD WEST
R1 TO R3
4825-98
OCT. 15/98
ONTARIO REALTY CORP.
1592
15
HIGHLAND ROAD WEST
ND TO R2-33
4848-98
NOV. 24/98
STONEY CREEK, CITY OF
1587
N/A
GENERAL AMENDMENT
MOTOR VEHICLE DEALERSHIP
4856-98
DEC. 8/98
MOUNTAIN GARDENS
1573
16
HIGHBURY DRIVE
REMOVE "H" FROM R2(H) & R3(H)
4858-98
DEC. 8/98
MARZ / DINGMAN
1596
6
178 GREEN ROAD
R2 TO R3
4894-99
FEB. 23/99
VANDERWERF, J.
1439
9
1351 HIGHWAY NO. 8
REMOVE "H" FROM R2-17(H)
4898-99
MAR.9/99
GREEN GABLES
1568
6
GREEN GABLES
REMOVE "H" FROM RM3(H)
4906-99
MAR. 23/99
DECOR PRECAST
1595
2
661, 665 BARTON STREET
MSP TO MSP-20
4911-99
APR.13/99
STONEY CREEK FURNITURE
1598
3
S/E S.S.R. AND LEWIS ROAD
MG TO MT-5
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
4915-99
APRIL 27/99 FIFTY ROAD EAST
1591
4
FIFTY ROAD EAST
VARIOUS
4916-99
APR. 27/99
LAKE VISTA
1567
4
FIFTY ROAD WEST
TO R1-7 AND R2-41
4917-99
APR. 27/99
LAKE VISTA WEST
077-161
4
FIFTY ROAD WEST
TO R1-7 AND R2-41
4918-99
APR. 27/99
LAKE VISTA EAST
077-162
4
FIFTY ROAD WEST
TO R1-7 AND R1-8
4919-99
APR. 27/99
FIFTY POINT NEIGH. WEST
077-147
4
FIFTY ROAD WEST
TO R2-41
4920-99
APR. 27/99
FIFTY POINT MARINA
077-157
4
FIFTY ROAD WEST
TO R2-41
4934-99
MAY 25/99
V. SALATINO
1602
16
11 WHITEDEER ROAD
ND TO R2
4939-99
MAY 25/99
RHYTHM DANCE STUDIO
1589
7
613 HIGHWAY NO. 8
IS-2 TO IS-8
4947-99
JUN. 8/99
MILAN PETKO
1588
8
1091 HIGHWAY NO. 8
ADD "T" USE - RC-2 AND AS-10
4951-99
JUN. 22/99
STONEY CREEK, CITY OF
1601
6
369-377 HIGHWAY NO. 8
IS TO GC-46(H)
4986-99
AUG. 31/99
PARKVIEW ESTATES
1599
6
MACINTOSH DRIVE
IS TO R4-3, R4-4, R4-5, R4-6
5001-99
SEP. 14/99
FIELDS OF WINONA
1600
9
HIGHWAY NO. 8/WINONA RD.
ND - VARIOUS RESIDENTIAL
5003-99
SEP. 14/99
DERUBEIS
1560
17
274 UPPER CENTENNIAL
RR TO RC
5023-99
OCT. 26/99
STONEY CREEK, CITY OF
1506
N/A
GENERAL AMENDMENT
HOME OCCUPATIONS
5030-99
NOV. 9/99
SHADYGLEN
1594
16
SHADYGLEN DRIVE
ND TO RESIDENTIAL/OS/PARK
5031-99
NOV. 9/99
GOLDCOURT
1604
6
HIGHWAY NO. 8
ND TO RESIDENTIAL/OS/PARK
5042-99
NOV.23/99
ORC-VALLEY PARK 5
1502
15
DALEGROVE CRESCENT
REMOVE "H" SYMBOL
5067-00
JAN. 25/00
CENTRAL-VERSA
1607
15
HIGHLAND ROAD WEST
ND TO "I" AND "OS"
5068-00
JAN. 25/00
STONEY CREEK, CITY OF
1608
4,7,8,
10,15
HOUSEKEEPING - 1999
VARIOUS
5097-00
MAR. 14/00
BROWN LAKE HOLDINGS
1609
7
HIGHWAY 8 / DEWITT ROAD
ND TO "GC"
5098-00
MAR. 14/00
LAKESHORE RAVINE #2
1611
1
FRANCES / GREEN ROADS
RM5-2 TO 'RM3-21" AND "RM2"
5099-00
MAR. 14/00
HIGHGATE MILLS
1610
16
HIGHGATE DRIVE
R2 AND R5-3 TO "R4"
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
5136/00
MAY. 23/00
STONEY CREEK, CITY OF
1612
1,3
HOUSEKEEPING - 2000
VARIOUS
5160-00
JUL. 1/00
IPCF (FORTINOS)
1551
16
UPPER CENTENNIAL/RYMAL
REMOVE (H) SYMBOL
5161-00
JUL. 11/00
A. CASTELLI
1613
18
488-498 GREEN MOUNTAIN
TO A-6, RR-18, RR-19
5162-00
JUL. 11/00
HAD DEVELOPMENTS
1614
10
PARAMOUNT DRIVE
LC-6 TO SC1-1
5191-00
AUG.29/00
NORSTAR WINDOWS
1617
3
924-944 SOUTH SERVICE RD.
MT-6(H)
5194-00
SEP. 26/00
MULTI-AREA DEV.
1621
2
N-W BARTON / FRUITLAND
MSP TO GC
5196-00
SEP. 26/00
MARIA CELANI
1624
6
S-W HIGHWAY 8 / DEWITT
GC-34 / R5-44 TO GC-48 / R3
5212-00
OCT. 10/00
LUCKY BEAR SERVICES
1633
1
490 ARVIN AVENUE
MS TO MS-9
5213-00
OCT.10/00
CESARE CANCI
1630
16
20 HIGHLAND ROAD WEST
ND TO R2-46
5215-00
OCT. 10/00
JOHN DURFEY
1626
9
HWY 8 / BRIDGMAN LANE
AS TO AS-11
5217-00
OCT. 10/00
W.A. CONSTRUCTION
1605
3
SOUTH SERVICE ROAD
MT-3 TO MT-7
5225-00
OCT. 24/00
STONEY CREEK, CITY OF
1628
9
1348 BARTON STREET
ND-2 TO R2 & P
5226-00
OCT. 24/00
SALVATION ARMY
1629
10
WINTERBERRY/PARAMOUNT
ND TO IS
5227-00
OCT. 24/00
CHERRY BEACH
1615
1
CHERRY BEACH ROAD
R1, ND-1, R1(H) TO RM4-4
5228-00
OCT. 24/00
FIFTY ROAD JOINT VENTURE 1632
N/A
FIFTY ROAD
ADD SINGLES TO R5-6
5242-00
NOV. 1/00
E.D. SMITH FRUIT FARMS
1621
8
HIGHWAY NO. 8
ADD RESTAURANT USE
NOTE:
THE FOLLOWING PAGES LIST BY-LAWS PASSED BY THE CITY OF
HAMILTON
STARTING JANUARY 1, 2001
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
01-050
MAR. 20/01
NORSTAR WINDOWS
1617
3
922-944 SOUTH SERVICE RD
MT-6 REMOVE (H) SYMBOL
01-051
MAR.20/01
ABUNDANCE MARKETING
BL.08.GEN
6
297 HIGHWAY NO. 8
REMOVE "H" FROM GC(H)
OMB-03
01-087
JAN. 06/03
MAY 15/01
836723 ONTARIO INC.
ZAC-01-03
6
N/E MARGARET / HIGHWAY 8
R2 TO RM3-24
OMB
0462
MAR. 28/01
DELUCA, P.S.
1627
6
38 BLENHEIM STREET
R6 TO R6-1(H)
01-102
MAY 29/01
FIELDS OF WINONA
1600
9
SILVERLACE CIRCLE
R2-43(H) TO R2
01-117
JUN. 12/01
TRILLIUM GARDENS, PH. 1
1619
2
N/W NSR & JONES ROAD
ND TO RESIDENTIAL
OMB-0122
01-136
JAN. 23/02
JUN. 26/01
SPENUK, E.
SC-00-01
3
403 MCNEILLY ROAD
ND TO MG, OS AND MG-8(H)
01-141
JUN. 26/01
FOOTHILLS OF WINONA
1622
9
BARTON / WINONA / FIFTY
AS TO ND & RESIDENTIAL
01/256
OCT. 30/01
OLD CASTLE BUILDING
01-31
2
324 FRUITLAND ROAD
MSP TO MSP-20
01-276
NOV. 27/01
HEERINGA BROS.
01-32
16
151 UPPER CENTENNIAL
ND TO GC-49 & OS
01-286
DEC. 11/01
THOMA, TONY
01-36
7
32 MACDUI DRIVE
0S-3 TO R2-47 & OS-6
02-004
JAN. 09/02
FIELDS OF WINONA
ZAC-01-37
9
SILVERLACE CIRCLE
ND TO R2 & R2-48
02-023
FEB. 13/02
MARK SKRITCH
ZAC-01-41
3
11 SHORELINE ROAD
ND & RR TO R2-49
02-024
FEB. 13/02
MONTICELLO ESTATES
ZAC-01-45
6
PEACHWOOD AND TITAN
MODIFY R5-7
02-069
MAR. 27/02
KINGSFORD
ZAC-01-47
3
1047 BARTON STREET
TEXT CHANGE TO MS-7, MG5, MG5(H)
TO MG9, MG9(H0
02-085
APR. 10/02
SILVESTRI INVESTMENTS
ZAC-01-60
16
HIGHLAND ROAD/SIDNEY
R1 TO R3
02-087
APR. 10/02
ULISSE FINE FOODS
ZAC-02-13
1
197 BARTON STREET
MSP TO MSP-12
02-105
APR. 24/02
PRESTA, MICHELE
ZAC-02-09
9
49 SILVERLACE CIRCLE
REMOVE (H) FROM R2(H)
02-126
MAY 15/02
660439 ONTARIO LIMITED
ZAC-02-17
17
138 UPPER CENTENNIAL
RC TO MR-3
02-144
MAY 29/02
IMPERIAL OIL
ZAC-02-19
16
249 UPPER CENTENNIAL
SR1 & HC TO HC-5
02-186
JUN. 26/02
FOOTHILLS OF WINONA
ZAC-01-57
9
3-67 SANOMA LANE
REMOVE "H" FROM R4-9
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
02-218
AUG. 14/02
1224409 ONTARIO LTD.
ZAR-O2-54
9
SILVERLACE CIRCLE
REMOVE (H) FROM R2(H)
02-203
JUL. 10/02
FOOTHILLS OF WINONA
ZAC-02-04
9
358 WINONA ROAD
R4-9(H) AND ND TO RM3-22
02-209
JUL. 10/02
HAMILTON, CITY OF
C1-02-A
N/A
GENERAL AMENDMENT
PHASED REG. OF CONDOS
02-261
SEP. 25/02
HAMILTON CROATIAN
ZAC-02-43
17
166 GREEN MOUNTAIN RD.
A TO IR-3
02-289
OCT. 09/02
DESANTIS IND. PARK
ZAC-02-35
3
BARTON STREET
MG(H) MS(H) TO MG-10(H), MS
02-303
OCT. 23/02
ADORN INVESTMENTS
ZAC-02-65
6
369-377 HIGHWAY NO. 8
REMOVE "H" FROM GC-46(H)
02-335
NOV. 27/02
ILIC, SASHA
ZAC-02-40
7
604 HIGHWAY NO. 8
R1 TO GC-50(H)
03-015
JAN.22/03
SILVESTRI HOMES
ZAC-02-64
10
OLD MUD STREET
ND TO R4 AND RM2
03-027
FEB.12/03
FIFTY ROSE HOMES
ZAR-02-78
N/A
FIFTY ROAD
GARAGE PARKING SPACE
R5-6, RM2-5 AND RM2-6
03-035
FEB.12/03
RUSSEL METALS INC.
ZAR-02-87
3
1052 SOUTH SERVICE ROAD
REMOVE "H" - MT(H), MG(H)
03-050
MAR. 5/03
DICENZO CONST.
ZAC-02-75
2
GALILEO & PISA DRIVE
ND TO R2-50, R6-2 AND RM2
03-062
MAR.26/03
GUILLEMETTE, N.
ZAC-01-12
5
24 LAKE AVENUE DRIVE
RM1 TO RM1-3
03-099
APR.23/03
456941 ONTARIO LTD.
ZAC-03-06
7
9 GLENCREST (REGALVIEW)
ND TO R2
03-100
APR.23/03
REDA HEIGHTS
ZAC-03-01
16
86 SECOND ROAD WEST
R1 TO R3 TO R3-16
03-104
MAY 14/03
OLD MUD WEST
ZAC-03-84
10
OLD MUD STREET
ND TO R4-10 & RM3-23
03-162
JUN. 25/03
STAIBANO, ANTHONY
ZAC-03-28
6
360 HIGHWAY NO. 8
R2 TO GC-26 (AMENDED)
03-163
JUN.25/03
HAMILTON, CITY OF
CI-03-B
N/A
MODEL HOMES
ALLOW MODEL HOMES
03-183
JUL.23/03
ERINGATE DRIVE EXT.
ZAC-03-11
16
ERINGATE DRIVE
R1 TO R3
03-217
AUG.13/03
MAPLEVIEW ESTATES
075-1524
7
ORR CRESCENT
OS-7, OS-3, R2-4, R2-51
03-247
SEP.10/03
LAMBERT, FRED
ZAC-03-27
8
984 HIGHWAY NO. 8
RR TO RR-20
03-269
SEP.24/03
VIERA, KATHY
ZAR-03-42
4
580 FIFTY ROAD
ND & RR TO R1-14
03-282
OCT.15/03
SCATTOLON, MARIA
ZAC-03-58
6
382 FEDERAL STREET
R5 TO R2
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
03-283
OCT.15/03
HAMILTON, CITY OF
C1-03-F
6
HOUSEKEEPING 2003
VARIOUS
03-308
OCT.29/03
DESANTIS DEVELOPMENTS
ZAC-03-71
4
BASELINE ROAD
ND TO R3, RM3
03-310
OCT.29/03
BERNACCI, MICHAEL
ZAC-03-46
6
427 HIGHWAY NO. 8
R2 TO GC-51
03-319
OCT.29/03
SABATELLI, MARIA
ZAR-03-66
6
411 HIGHWAY NO. 8
R2 TO LC-9
03-320
OCT.29/03
TRILLIUM ESTATES - PH.1
ZAC-03-50
3
MCNEILLY / N.S. ROAD
ND TO RM2-9(H) AND R3-19(H)
03-322
OCT.29/03
SHADYGLEN - STAGE 3
ZAC-03-50
16
GATESTONE DRIVE
ND TO SR3
03-323
OCT.29/03
2000962 ONTARIO INC.
ZAR-03-73
N/A
CHERRY BEACH
MODIFY RM4-4
03-330
OCT.29/03
LOSANI HOMES
ZAR-03-81
3
MCNEILLY AND S.S. ROAD
MT(H) TO MT
03-335
OCT.29/03
LAKE VISTA CENTRAL
ZAC-03-35
4
FIFTY ROAD
PARK AND R1-7 ZONES
03-336
OCT.29/03
LAKE VISTA WEST
ZAC-03-36
4
FIFTY ROAD
R1-7 TO PARK ZONE
03-338
OCT.29/03
LAKE VISTA EAST
ZAC-03-37
4
FIFTY ROAD
R1-7 & 8 TO PARK ,R1, R2
03-351
DEC.22/03
TRILLIUM ESTATES PH. 1
ZAC-03-52
3
SEABREEZE CRESCENT
ND TO R2, R3, RM2 & OS
04-001 JAN.14/04
DIMCO CONTRACTING
ZAR-03-03
3
20 VICTORIA AVENUE
MSP(H) TO MSP
04-004
JAN.14/04
HAMILTON, CITY (SMITH)
CI-03-H
3
518 GLOVER ROAD
OS AND RR TO RR-21
04-011
JAN.28/04
MARILEN INVESTMENTS
ZAR-03-74
1
521 BARTON STREET
MSP-16 TO MSP-21
04-077
APR.14/04
SILVESTRI INVESTMENTS
ZAC-04-09
6
PEACHWOOD CRESCENT
R4-7(H) TO R4-7
04-078
APR.14/04
H.W.D.S.B.
ZAC-04-01
16
GATESTONE DRIVE
ND AND I TO IS
04-122
MAY 26/04
KINGS VIEW ESTATES
ZAC-04-107
10
OLD MUD STREET
ND TO R3
04-143
JUN. 16/04
M. KUTLESA
ZAH-04-04
7
604 HIGHWAY NO. 8
GC-50(H) TO GC-50
04-156
JUN.30/04
GSP GROUP
ZAC-03-100
16
125-135 UPPER CENTENNIAL
16 HIGHLAND ROAD WEST
GC-41(H) TO GC-41
04-173
JUL.14/04
CLOVERDALE DEV.
ZAC-03-89
3
478 GLOVER ROAD
ND TO R4-11, RM2-10, RM3-26 AND 0S
04-191
AUG. 2/04
VALERI PLACE
ZAC-04-17
6
145, 147 & 149 GREEN ROAD
R2 TO RM3-25
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
04-192
AUG. 2/04
DEERFIELD ESTATES
ZAC-04-14
16
CANDLEWOOD DRIVE
ND & R2-19(H) TO R3 & R2
04-194
AUG. 2/04
CRETARI HOMES
ZAR-04-44
6
205 DEWITT ROAD
R2 TO R4-12
04-195
AUG. 2/04
ROBERTO, BRUNO
ZAR-04-29
6
241 CROMPTON WAY
R2 TO R6-3
04-196
AUG. 2/04
SPADAFORA, TONY
ZAR-04-33
7
568 HIGHWAY NO. 8
R1 TO R3-20
04-197
AUG. 2/04
KUTLESA, M.
ZAH-04-04
7
604 HIGHWAY NO. 8
DUPLICATE (SEE 04-143)
04-217
SEP. 15/04
HAMILTON, CITY OF
CI-04-F
3
BASELINE ROAD / N.S.R.
ND TO GC-45
04-223
SEP. 15/04
HAMILTON, CITY OF
C1-03-J
5
10 SECOND STREET NORTH
IS TO CA1-8
04-235
OCT. 6/04
HEMLOCK MEADOWS
ZAC-02-91
5
HEMLOCK AVENUE
IS TO R3-17 AND PARK
04-277
NOV. 10/04
SEDLAR, NIKOLA
ZAC-04-85
4
SPRINGSTEAD AVENUE
RR TO R3-18
04-279
OMB
935251 ONTARIO INC.
ZAC-04-42
6
N/W CARLA / GREEN ROAD
R2 TO R2-52 AND R5-8
04-295
NOV. 15/04
SOUTH SERVICE IND. PARK
ZAC-04-66
1
144-190 SOUTH SERVICE RD.
MP TO MP-12
04-279
OMB
935251 ONTARIO INC.
ZAC-04-42
6
N/W CARLA / GREEN ROAD
R2 TO R2-52 AND R5-8
05-007
JAN. 26/05
BRIDGEPORT
ZAC-03-39
2
821 NORTH SERVICE ROAD
ND TO VARIOUS ZONES
05-050
MAR. 9/05
MOHAWK COLLEGE
ZAC-04-94
1
340 LEASIDE / 481 BARTON
MSP TO MSP-6
05-079
APR.13/05
LOBLAW PROPERTIES
ZAC-04-82
16
2257-2273 RYMAL ROAD E.
ND & SC1-2 TO SC2-2
05-080
APR. 13/05
FIFTY ROSE HOMES
ZAR-05-09
N/A
FIFTY ROAD
MODIFY RM2-6
05-096
APR. 27/05
HAD DEVELOPMENTS
ZAR-05-08
10
270 MUD STREET WEST
MODIFY SC1-1
05-119
MAY 11/05
RM SIGNS & ENGRAVING
ZAC-04-12
11
293 UPPER CENTENNIAL
HC, R1 & ND TO HC-6
05-121
MAY 11/05
DEERFIELD ESTATES ADD.
ZAR-05-14
16
CANDLEWOOD DRIVE
R2 & R3 T0 R3-23
05-149
MAY 25/05
SABATELLI, VINCE
ZAC-05-18
N/A
411 HIGHWAY NO. 8
MODIFY LC-9
05-161
JUN. 15/05
SIMNAT CONSULTING
ZAR-05-30
3
500 GLOVER ROAD
AMEND R3-24(H)
05-180
JUN. 29/05
LUVAL ENTERPRISES
ZAC-05-35
10
UPPER MOUNT ALBION ROAD
R3, RM3-7, R1 TO RM3
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
05-181
JUN. 29/05
SEABREEZE EST. PHASE 2
ZAH-05-28
3
WHITEFISH CRESCENT
DELETE RM2-8 - REMOVE H AND
AMEND RM2-9
05-187
JUN. 29/05
NEWPORT YACHT CLUB
ZAC-05-19
2
711 NORTH SERVICE ROAD
MODIFY RM5-5 & RM5-8(H)
05-205
JUL. 13/05
METROPOLITAN CONSULT.
ZAC-05-27
3
506 GLOVER ROAD
ND TO R4-13 AND R3
05-211
JUL. 13/05
PALETTA INTERNATIONAL
ZAR-04-92
11
272 FIRST ROAD WEST
RM4-3(H) TO GC-52(H)
05-213
JUL.13/05
SEABREEZE EST. PHASE 1
ZAC-05-21
3
SEABREEZE CRESCENT
RM2 AND ND TO OS AND R3
05-236
AUG.10/05
TYMCHUK, CHRISTOPHER
ZAC-05-54
16
24 SECOND ROAD WEST
R1, R2, R3 TO R3-25
05-238
AUG.10/05
HAMILTON, CITY
CI-05-E
N/A
GENERAL AMENDMENT
LOT CONSOLIDATION
05-243
AUG.10/05
DAN GREER ENTERPRISES
ZAC-03-80
17
HIGHLAND ROAD WEST
A TO MR-5(H)
05-247
AUG.10/05
GIBSON/WARD/FISCHLER
ZAC-05-44
16
RYMAL ROAD EAST
R1 TO R3
05-250
AUG.10/05
1621860 ONTARIO INC.
ZAC-04-78
3
359 WINONA ROAD
LC TO R3-21
05-255
SEPT.14/05
SIMNAT CONSULTING
ZAH-05-88
3
500 GLOVER ROAD
REMOVE "H" R3-24
05-293
OCT.12/05
FALASCA, LUCIO
ZAR-05-68
2
480 JONES ROAD
RR TO R4-14
05-310
OCT.26/05
DEVRIES/PHELPS HOMES
ZAC-05-85
4
589 FIFTY ROAD
ND TO R1
05-349
NOV.23/05
SEABREEZE SUBDIVISION
ZAC-05-61
3
45 SEABREEZE CRESCENT
VARIOUS
05-365
DEC.14/05
LOSANI HOMES
ZAR-05-100
3
404 MCNEILLY ROAD
REMOVE "H"
05-381
DEC.19/05
LOSANI HOMES
ZAR-05-100
3
404 MCNEILLY ROAD
MT(H) TO MT-8
06-017
JAN.12/06
ALFANO, C.
ZAC-04-64
15
1809 RYMAL ROAD EAST
ND TO CS-1(H)
06-035
FEB.15/06
SEABREEZE EST. PH.2
ZAC-05-107
3
SEABREEZE EST. - PHASE 2
ND TO R3
06-038
MAR1/06
HAMILTON, CITY OF
CI-05-01
N/A
GENERAL AMENDMENT
LAND WITHOUT ADEQUATE
SERVICES
06-050
MAR.1/06
BATTLEFIELD EQUIPMENT
ZAR-05-115
2
880 SOUTH SERVICE ROAD
MT TO MT-9
06-061
MAR.22/06
770471 ONTARIO LIMITED
ZAC-05-80
17
341 HIGHWAY NO. 20
A TO A-7(H), A-8(H)
06-067
MAR.22/06
HAMILTON HOUSING
ZAC-05-106
10
4 BRIDGEWATER COURT
RM5 TO RM3-29
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
06-089
APR.12/06
1621860 ONTARIO INC.
ZAC-05-120
3
359 WINONA ROAD
R3-21 TO RM2-12
06-108
APR. 26/06
HOMES BY DESANTIS
ZAC-05-130
7
170 DEWITT ROAD
GC TO RM3-30
06-125
MAY 10/06
MANZELLA, MATT
ZAC-06-04
6
360 BARTON ST. / 4 HALE ST.
R2 TO RM2-13
06-128
MAY 10/06
BROOK MEADOWS
ZAC-05-116
10
EAST END OLD MUD STREET
ND TO R4-17 AND OS
06-136
MAY 24/06
HEMLOCK MEADOWS
ZAC-06-14
N/A
HEMLOCK AVENUE
MODIFICATIONS TO R3-17
06-156
JUN 14/06 PINEWOOD CONST.
ZAC-06-23
3
500 GLOVER ROAD
ND TO R3-27
06-164
JUN 14/06 HERITAGE GREENE COM.
ZAC-03-93
10
UPPER MOUNT ALBION RD.
ND TO VARIOUS
06-190
JUN 28/06
HAD DEVELOPMENTS
ZAC-05-125
10
1050 PARAMOUNT DRIVE
LC-5 TO RM2-14
06-232
AUG. 9/06
MULTI-AREA DEV.
ZAC-06-11
2
627 BARTON / 327 FRUITLAND
MODIFY "GC-47
06-242
AUG.9/06
VALGREEN VILLAGE
ZAC-06-35
6
145-151 GREEN ROAD
MODIFY "RM3-25"
06-272
SEP.13/06
KOHLBERGER, WARD
ZAC-06-46
2
11 LAKESIDE DRIVE
ND TO "R1-16"
06-275
SEP.13/06
VENTRESCA , P.
ZAC-05-112
2
487 GLOVER ROAD
RR TO "R3" AND "R3-22" (MAP ONLY)
06-290
SEP.27/06
2095534 ONTARIO INC.
ZAC-06-39
6
259-261 HIGHWAY NO. 8
R6 TO GC-53
06-291
SEP.27/06
DEFAVERI, JOHN
ZAH-06-66
3
370 MCNEILLY ROAD
MG(H) TO MG (MAP ONLY)
07-027
JAN.24/07
SILVESTRI, FRANK
ZAC-06-79
16
EDGECROFT CRESCENT
R1 TO R3-28
07-065
FEB.28/07
HARRIS STEEL GROUP
ZAR-06-97
1
312-318 ARVIN AVENUE
MG TO MG-11
07-112
APR.11/07
HAMILTON, CITY OF
CI-07-A
N/A
GENERAL AMENDMENT
AGRICULTURAL CODE
07-154
MAY16/07
FRENDEL KITCHENS
ZAH-07-10
15
1809 RYMAL ROAD EAST
REMOVE H FROM CS-1(H)
07-172
MAY30/07
NEW HORIZON HOMES
ZAC-06-101
16
2247 RYMAL ROAD EAST
HC-3(H) TO GC-54
07-180
JUN.13/07
THORNE, RALPH
ZAC-07-09
3
17 SHORELINE DIVE
RR TO R2-55
07-196
JUN.27/07
MATTAMY WINONA
ZAC-06-49
4
1353, 1357, 1427 BASELINE
R1 TO VARIOUS ZONES
07-198
JUN.27/07
HERITAGE GREENE DEV.
ZAC-07-36
10
UPPER MOUNT ALBION ROAD
REMOVE "H" - SC2-3 & SC1-3
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
07-215
JUL.11/07
1175 BARTON STREET DEV.
ZAH-07-32
11
1175 BARTON STREET
REMOVE "H" - MSP, MSP-17
07-237
AUG.8/O7
SEABREEZE ESTATES INC.
ZAC-07-015
2
481 & 483 GLOVER ROAD
RR TO R4-19
07-269
SEP.26/07
MURACA, FRANK
ZAC-07-034
3
101 SEABREEZE CRESCENT
ND TO R2 AND R3
07-290
OCT.10/07
MARZ HOMES
ZAC-06-104
2
38, 42 AND 56 COPES LANE
RR & R2-50 TO R2-54/56/57& 58
07-344
DEC.12/07
1322285 ONTARIO LIMITED
ZAC-07-028
10
ALKIN & ALLANBROOK
R2 AND ND TO R3
07-350
DEC.12/07
HAMILTON, CITY OF
C1-01-D
13
490 & 520 FIFTY ROAD EAST
OS-4 TO OS-8 AND OS-9
08-042
FEB.27/08
2257 RYMAL ROAD DEV.
ZAR-07-069
N/A
2257 & 2273 RYMAL RD. EAST
MODIFY SC2-2 ZONE
08-089
APR.23/08
EVENTUS GROUP INC.
ZAR-07-089
2
348 FRUITLAND ROAD
MG TO MG-12
08-093
APR.23/08
P.S. DELUCA INV.
075-1627
6
38 BLENHEIM DRIVE
REMOVE "H" FROM R6-1(H)
08-115
MAY.14/08
KAY, ANNE PATRICIA
ZAC-07-108
5
61-65 KING STREET WEST
CA1-1 TO R2-59 AND CA1-9
08-163
JUN.25/08
HIGHGATE MEADOWS
ZAC-08-006
16
21 UPPER CENTENNIAL
ND &SC2-2 TO R4-21
08-164
JUN.25/08
PETRO CANADA
ZAC-08-164
17
268-274 UPPER CENTENNIAL
RC TO RC-5
08-192
AUG.7/08
BERALDO, PAUL
ZAR-07-050
9
1307 HIGHWAY NO. 8
LC TO R2 (MAP ONLY)
08-203
SEP.10/08
DEFILIPPIS DEVELOPMENT
ZAC-07-097
5
4 SECOND STREET NORTH
IS TO RM2-15(H)
08-207
SEP.10/08
LOSANI HOMES
ZAC-07-085
16
HIGHLAND ROAD WEST
ND, R6 TO R4-22, R6-4
08-242
OCT.15.08
CRETARO HOMES
ZAC-08-023
4
516, 520 FIFTY ROAD
RR, ND TO R3-29 & R5-6
08-244
OCT.15.08
TARBUTT, JAMES
ZAR-08-043
4
28 LOCHSIDE DRIVE
RRE TO R1-18 AND RRE-3
08-288
DEC.10/08
J. INVERSO ELECTRIC LTD.
ZAH-08-072
17
N/E HIGHLAND ROAD WEST
AND SECOND ROAD WEST
R2-30(H) TO R2 (MAP ONLY)
08-290
DEC.10/08
HAMILTON CONSERVATION
ZAC-06-054
4
1478 BASELINE ROAD
ND TO RM3 & P5 (MAP ONLY)
08-293
DEC.10/08
CARRIAGE GATE HOMES
ZAC-07-106
16
HIGHBURY DRIVE
ND TO VARIOUS RESIDENTIAL
09-073
APR.15/09
MARZ HOMES
ZAC-08-047
7
568 HIGHWAY NO. 8
R1 TO RM2-17
09-131
JUN.10/09
HAMILTON, CITY OF
C1-09-C
N/A
GENERAL AMENDMENT
WASTE MANAGEMENT FACILITIES - IND
ZONES
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
09-184
AUG.13/09
MADY DEVELOPMENTS
ZAC-05-111
9
1310 SOUTH SERVICE ROAD
AS & HC TO SC2-4(H)
09-199
SEP. 16/09
TOBYN PARK HOMES
ZAC-07-040
15
390 HIGHLAND ROAD WEST
ND TO R4-20, R4, RM3-33 & 39
09-210
SEP. 30/09
HAMILTON, CITY OF
CI-09-E
N/A
GENERAL AMENDMENT
OUTDOOR COM. PLAZAS
09-254
DEC. 9/09
MARZ HOMES
ZAC-08-070
2
DARTMOUTH/PALACEBEACH
GC TO RM2-18
10-016
JAN.27/10
BLACK SAIL SC LIMITED
ZAC-09-037
16
UPPER CENTENNIAL PKWY
R4-21 TO RM2-22
10-027
FEB.10/10
LPF REALTY
ZAC-08-079
1
310-381 FRANCES AVENUE
VARIOUS
10-044
MAR.10/10
FIFTY ROAD JOINT VENTURE
ZAC-09-044
4
BLOCKS 75-78, 62M-1057
RM2-5 TO R5-6 AND R3-31
10-046
MAR.10/10
MARIA CIPRIANI
ZAR-09-047
N/A
367 HIGHWAY NO. 8
REPLACE GC-16
10-076
APR.14/10
HAMILTON, CITY OF
CI-09-J
N/A
GENERAL AMENDMENT
DEFINITIONS
10-262
OCT.13/10
ROB-GEOFF
ZAH-10-038
16
7,8,11,12,15 &16 SPRINGWOOD DRIVE
REMOVE H SYMBOL
10-272
OCT-13/10
ANDREATTA, A.
ZAC-10-026
4
80 CREANONA BOULEVARD
ND TO R2, R2-32
10-278
OCT.13/10
TREBLA PROPERTIES
ZAC-08-063
6
315 & 319 HIGHWAY NO. 8
ND TO RM4-6
10-320
NOV. 3/10
UPPER CENTENNIAL
DEVELOPMENTS INC.
ZAC-09-031
16
198 FIRST ROAD WEST
ND TO VARIOUS RESIDENTIAL
10-324
NOV. 3/10
PARKSIDE DEVELOPMENTS
(ALBION) LTD AND
LANDMART REALTY CORP
ZAC-08-077
16
PART OF LOTS 25 AND 26, CONSECCION
7
ND TO VARIOUS RESIDENTIAL
10-327
DEC. 9/10
EMPIRE COMMUNITIES
(STONEY CREEK) LTD.
ZAC-08-026
11
22 GREEN MOUNTAIN ROAD WEST
VARIOUS
11-032
JAN. 26/11
FRANK LUCATO
ZAR-10-037
4
72 CREANONA BOULEVARD
ND TO R2
11-091
MAR.23/11
ONTARIO REALTY CORP
ZAC-08-062
10
MUD STREET
VARIOUS
11-094
OMB
MAR.14/11
LOSANI HOMES
ZAC-05-128
3
1187, 1199, AND 1211 BARTON STREET
VARIOUS
11-169
JUN.29/11
FIFTY ROAD JOINT
VENTURE
ZAH-11-033
4
33 LOCHSIDE DRIVE
R1-11(H) TO R1-11
11-237
SEP.28/11
HOMES BY DESANTIS
ZAC-11-008
2
130 & 170 PALACEBEACH TRAIL
VARIOUS
12-018
JAN.25.12
JAMES WATSON
ZAR-11-049
4
22 LOCHSIDE DRIVE
RRE TO RRE-4 & R1-18
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
12-065
MAR.28.12
2149589 ONTARIO LIMITED
ZAC-09-022
4
1365-1367 BASELINE ROAD
RR & MUC TO MUC-6(H)
12-147
JUN.27/12
BLUESCAPE LIMITED
ZAC-12-006
4
76 CREANONA BOULEVARD
R2 TO R2-60 & ND TO R3-35
12-161
JUL.12/12
ALBION DEVELOPMENTS INC. ZAC-11-051
10
220 MUD STREET WEST
VARIOUS
12-180
AUG.16/12
NICK UHAC
ZAC-11-024
5
120 & 124 KING STREET WEST
RM4(H) TO RM2-30 & RM4-7
12-183
AUG.16/12
HOMES BY DESANTIS
ZAC-11-025
2
845 & 847 NORTH SERVICE ROAD
ND TO RM2-31, RM2-32 & RM2-33
12-215
SEP.26/12
DOMENIC MARINI
ZAH-11-030
17
341 REGIONAL ROAD 20
H REMOVAL
12-252
NOV.14/12
MARFIVE HOLDONGS
ZAC-12-019
4
546 & 548 FIFTY ROAD AND 32 & 36
KINGSPOINT CIRCLE
RR & ND TO R3-36
12-253
NOV.14/12
MATTHEW MANZELLA
ZAC-11-022
2
455 JONES ROAD
R1 TO RM3-44
12-284
DEC.12/12
CITY OF HAMILTON
CI-12-I
15
1925 RYMAL ROAD EAST
REMOVE FROM 3692-92 & ADD TO 05-
200
13-041
FEB.13/13
PARKSIDE DEVELOPMENTS
ZAC-11-081
16
43 & 47 MUD STREET WEST
ND TO RM2-19
13-048
FEB.13/13
GUJ HOLDINGS LTD.
ZAC-12-010
1
2 OCEANIC DRIVE
LC TO RM2-36
13-111
APR.24/13
LOSANI HOMES
ZAC-12-004
6
259 DEWITT ROAD
ND TO R2 & R3-38, R2 TO R3-38 & R4 TO
R3-38
13-114
APR.24/13
DOBRA PROPERTIES INC.
ZAC-12-047
6
303 HIGHWAY NO. 8
RM3-18 TO GC-55
13-125
MAY 8/13
PAUL ANEJA
ZAH-12-053
4
1365 & 1367 BASELINE ROAD
H REMOVAL
13-130
MAY 6/13
OMB
1800615 ONTARIO INC.
ZAC-11-042
9
1317 & 1329 BARTON STREET AND 339 &
347 FIFTY ROAD
VARIOUS
13-183
(SEE
14-183)
JUL.12/13
VILLAGE ESTATE GROUP
ZAC-11-080
2
528 JONES ROAD
RR TO R2-62
13-209
AUG.16/13
NORMAN & ISABELLE
VARTANIAN
ZAC-11-073
11
601 UPPER CENTENNIAL PKWY.
ND TO RM3-50(H) 7 RM3-51(H)
13-224
(SEE
14-315)
SEP.11/13
HERITAGE HIGHLANDS
CORPORATION
ZAC-07-112
15
512 HIGHLAND ROAD WEST
ND TO SC2-7(H1)(H2)(H3)(H4)
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
13-240
SEP.25/13
CRETARO HOMES
ZAC-12-048
4
1297 BASELINE ROAD
ND & R1 TO R2-63
13-247
OCT.9/13
KING-TIS INVESTMENTS
LIMITED
ZAC-12-042
1
98 SHOREVIEW PLACE
IS TO RM3-52
13-294
NOV.27/13
EMPIRE COMMUNITIES
ZAR-13-025
11
22 GREEN MOUNTAIN ROAD
RM3-38(H) TO RM3-38(H)(T)
13-312
DEC.11/13
PENADY (STONEY CREEK)
LTD.
ZAC-13-019
9
395 FIFTY ROAD, 400 WINONA ROAD &
1310 SOUTH SERVICE ROAD
FURTHER MODIFICATION TO THE SC2-
4(H) ZONE
14-062
MAR. 6/14
EMPIRE COMMUNITIES
ZAH-13-013
11
22 GREEN MOUNTAIN ROAD
H REMOVAL
14-078
APR.9/14
PALETTA INTERNATIONAL
ZAH-06-034
11
272 FIRST ROAD WEST
H REMOVAL
14-082
APR.9/14
1800615 Ontario Inc., A.
DiCenzo and S. Manchia
ZAC-13-022
9
1335 BARTON STREET
AS TO RM2-38, RM3-47 & RM3-48
14-113
MAY 14/14
PENADY (STONEY CREEK)
LTD.
ZAH-13-058
9
395 FIFTY ROAD , 400 WINONA ROAD &
1310 SOUTH SERVICE
H REMOVAL
14-117
(SEE
15-115)
MAY 14/14
1333664 Ontario Inc., c/o Mike
Valvasori
ZAC-12-001
6
257, 259 & 261 MILLEN ROAD
R2 TO RM3-53
14-180
JUL.11/14
EMPIRE COMMUNITIES
ZAC-09-007
11
420 FIRST ROAD WEST
ND TO R4-31, R4-31(H1), R4-31(H1,H2),
RM2-40, RM2-40(H1), RM2-40(H1,H2),
RM2-42, RM2-41(H), LC(H1), LC(H2)
14-183
(OMB)
(SEE
15-063)
MAY 1/14
VILLAGE ESTATE GROUP
ZAC-11-080
2
528 JONES ROAD
RR TO R2-62
14-198
AUG.15/14
1675367 Ontario Inc.
ZAR-14-006
6
259-261 HIGHWAY NO. 8
GC-53 ADDITIONAL USES
14-269
SEP.24/14
UPPER PARADISE ROAD INC.
ZAC-13-042
11
267, 275-283 & 293 UPPER CENTENNIAL
PARKWAY
ND, HC & HC-6 TO HC-6(H)
14-279
SEP.24/14
CITY OF HAMILTON
CI-14-E
N/A
GENERAL AMENDMENT
COMMUNITY GARDENS AND URBAN
FARMS
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
14-315
(OMB)
SEP.4/14
HERITAGE HIGHLANDS
CORPORATION
ZAC-07-112
15
512 HIGHLAND ROAD WEST
ND TO SC2-7(H1)(H2)(H3)(H4)
15-063
(OMB)
FEB.13/15
VILLAGE ESTATE GROUP
ZAC-11-080
2
528 JONES ROAD
RR TO R2-62
15-073
MAR.11/15
CITY OF HAMILTON
CI-14-H
N/A
GENERAL AMENDMENT
DEFINITIONS, PARKING EXEMPTION
FOR DOWNTOWN, COMMON ELEMENTS
CONDOMINIUMS, ETC.
15-106
APR.22/15
CITY OF HAMILTON
CI-15-A
N/A
GENERAL AMENDMENT
URBAN FARMERS MARKET
15-115
(OMB)
MAR.12/15
1333664 Ontario Inc., c/o Mike
Valvasori
ZAC-12-001
6
257, 259 & 261 MILLEN ROAD
R2 TO RM3-53
15-179
AUG 14/15
SLICK INTERNATIONAL INC.
ZAH-15-025
6
350 Highway No. 8
H Removal
15-218
NOV 11/15
EMPIRE HOMES
ZAH-15-016
11
22 Green Mountain Road
H Removal
15-219
SEP 23/15
2294643 ONTARIO INC.
ZAC-14-040
9
1290 South Service Road
AS TO SC-8(H)
15-259
NOV 11/15
REDHILL PHASE 2
ZAC-15-005R
11
435 First Road West
ND to RM2-54 comprised in Block 14;
ND to R4-32 comprised in
Block 15;
ND to RM2-42 comprised in Block 16;
ND to R4-32 (H) comprised in Block 17
15-297
DEC 9/15
706870 ONTARIO LIMITED
ZAH-15-041
11
420 First Road West
H Removal
15-292
DEC 9/15
CITY OF HAMILTON
CI-15-H
N/A
GENERAL AMENDMENT
DEFINITION OF MODEL HOME AND
MODEL HOME REGULATIONS
16-037
FEB 10/16
WINTERBERRY PARAMOUNT
CORPORATION
ZAC-15-018
10
20 Artfrank Drive
Deleting and replacing Special
Exemption provisions RM3-27(H)
16-039
FEB 10/16
LPF REALTY RESIDENTIAL
INC.
ZAR-15-020
1
101 Shoreview Place
Deleting and replacing Special
Exemption provisions RM3-40 for 101
Shoreview to RM3-55)
16-055
FEB 24/16
1528148 ONTARIO INC
ZAC-12-040
16
72 SECOND ROAD WEST
Change in zoning from the Single
Residential "R1" Zone to the Single
Residential "R3" Zone
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
16-086
MAR 30/16
EMPIRE COMMUNITIES
ZAC-16-033
11
3 GREEN MOUNTAIN ROAD WEST
Change in zoning from the
Neighbourhood Development "ND" Zone
to the General Commercial "GC-56"
Zone, Modified
16-095
MAR 30/16
EMPIRE COMMUNITIES
ZAH-16-013
11
420 FIRST ROAD WEST
H REMOVAL
16-102
APR 13/16
LOSANI HOMES
ZAC-14-002
15
1831 RYMAL ROAD EAST
Change in zoning from "ND" to "R1-20"
"R3-41" "RM2-43" "RM3-56" "RM3-57"
"MUC-9(H)"
16-164
JUNE 8/16
FIFTY ROAD JOINT
VENTURES INC.
ZAC-15-045
4
3 SHIPPEE AVENUE
Change in zoning from "ND" to "R1-6(H)
16-182
JUNE
22/16
HERRITAGE HIGHLANDS
ZAH-16-003
15
512 HIGHLAND ROAD WEST
Removal of Holding
16-227
AUG 12/16
SILVESTRI HOMES
ZAC-16-008
1
560 GRAYS Road
Change in Zoning from "HC(H)" to "RM3-
58"
16-257
SEPT
28/16
PAUL SILVESTRI AND
EDWARD AND CHERYL
BABINEAU
ZAC-15-050
16
316 SECOND ROAD WEST, 262
ERINGATE COURT, 2079, 2081, 2083,
2085, and 2095 RYMAL ROAD EAST
Change in Zoning from "ND" to "R3-42"
Change in Zoning from "R1" to "R3-42"
16-299
NOV 9/16
LOSANI HOMES
ZAH-15-053
11
601 UPPER CENTENNIAL PARKWAY
Removal of Holding
17-053
MAR 29/17
LJM DEVELOPMENTS INC.
Zac-16-030
6
325 HIGHWAY NO. 8
Change in Zoning from "GC-13" to "RM4-
8"
17-139
JULY
14/17
2178872 ONTARIO INC.
ZAH-16-076
15
136, 144 AND 146 UPPER MOUNT ALBION
ROAD
Removal of Holding
17-160
JULY
17/17
BRANTHAVEN HOMES
ZAC-16-012
8
288 GLOVER ROAD
Change in Zoning from "IS" to "RM3-59a,
RM3-59b and RM3-59c"
17-175
AUG 18/17
EMPIRE (RED HILL)
ZAH-15-041
11
420 FIRST ROAD WEST
Removal of Holding
17-186
AUG 18/17
DYVB Inc.
ZAC-15-059
11
440 FIRST ROAD WEST
Change in zoning from ND to "RM2-44
(H1)(H2)" and "R4-33 (H1)(H2)"
17-211
OCT 11/17
2450129 ONTARIO INC
ZAC-16-043,
5
60-72 Centennial Parkway South
Change in zoning from "RM1" to "GC-
55(T)" and change in zoning from "GC-7"
to "GC-55(T)"
18-055
FEB 28/18
EMPIRE (RED HILL)
ZAC-16-001
1352
2 Glover Mountain Road
Change in zoning from the "ND"Zone t0
"R4-34(H1, H2)" Zone, Modified
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
18-077
MAR 28/18
1800615 Ontario Inc.
ZAH-17-087
1
1329 Barton Street
H REMOVAL
18-086
APR 11/18
SAMMANI 786 INC
ZAC-17-028
6
417, 419, 421 and 423 Highway 8, 176
Millen Road and 175 Margaret Avenue
Change in zoning from "R2" Zone to
"GC-57" Zone, Modified and change in
zoning "R2" Zone to "R2-64" Zone,
Modified
18-089
APR 11/18
TRILLIUM HOUSING
HIGHBURY NON-PROFIT
CORPORATION
ZAC-17-067
4
1288 Baseline Road
Adding the subject property to Zoning
By-law 3692-92 and zone to theMultiple
Residential "RM3-62" Zone, Modified
18-119
MAY 09/18
FIFTY ROAD JOINT VENTURE
INC.
ZAH-18-002
4
3 Shippee Avenue
H REMOVAL
18-167
JUN 27/18
IBI GROUP
ZAC-16-033
4
15 Picardy Drive
Change in zoning from the "ND" Zone to
(Holding) "RM3-63 (H)" Zone, Modified
18-253
SEP 12/18
DYVB Inc.
ZAH-18-038
11
440 First Road West
H REMOVAL
18-254
SEP 12/18
EMPIRE (RED HILL) LTD.
ZAH-18-044
11
2 Glover Mountain Road
H REMOVAL
18-268
SEP 12/18
EMPIRE (RED HILL) LTD.
ZAH-16-024
11
435 First Road West
H REMOVAL
18-298
SEP 26/18
GSP GROUP LTD.
ZAC-17-077
4
50 Green Mountain Road West
Change in zoning from the "ND" Zone to
(Holding) "RM3-65 (H)" Zone, Modified
18-309
SEP 26/18
U-Haul International
ZAC-17-055
17
19 Highland Road
Change in zoning from the Rural
Industrial "MR-5" Zone, Modified to
(Holding) "MR-6(H)" Zone, Modified
18-295
SEP 26/18
Marfad Holdings Inc.
ZAC-17-049
5
928 Queenston Road
Change in zoning from the Mixed Use
Commercial "MUC" Zone to (Holding)
"MUC-11 (H)" Zone, Modified
18-331
DEC 19/18
Losani Homes
ZAC-17-009
3
1215 Barton Street
Changing the zoning from Residential
"R6" Zone to the Residential "R6-7"
Zone, Modified
19-011
JAN 23/19
Massimo and Melissa Cretaro
ZAR-17-033
4
90 Creanona Blvd., Stoney Creek
Changing the zoning from
Neighbourhood Development ND Zone
and Single Residential "R2 Zone to the
Single Residential R3-43 Zone, Modified
(Block 1) and Single Residential R2-65
Zone, Modified (Blocks 3 and 4), on the
lands, the extent and boundaries of
which are shown on a plan hereto
annexed as Schedule A
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
BYLAW
DATE
APPLICANT
FILE
MAP
PROPERTY ADDRESS
CHANGE
19-.028
FEB 14/19
IBI Group
ZAR-18-030
1505
222 First Road West
Changing the zoning from
Neighbourhood Development ND Zone to
the Single Residential "R2 Zone (Block 1)
and by changing the zoning from Single
Residential R4-24 Zone, Modified, to the
Single Residential R2 Zone (Block 2), on
the lands, the extent and boundaries of
which are shown on a plan hereto
annexed as Schedule A .
19-083
APR 24/19
Webb Planning Consultants
ZAC-16-064
15,
1501,
1548
1809, 1817 and 1821 Rymal Road East;
16 Columbus Gate
Change in zoning from Neighbourhood
Development "ND" Zone to Multiple
Residential "RM3-57" Zone, Modified
(Block 5); from Single Residential "R1"
Zone to Single Residential "R3-41" Zone,
Modified (Block 6); from Single
Residential "R1" Zone to Single
Residential "R3-41a" Zone, Modified
(Block 7); from Neighbourhood
Development "ND" Zone to Multiple
Residential "RM3-67" Zone, Modified
(Block 8); from Multiple Residential
"RM2-43" Zone, Modified to Multiple
Residential "RM3-67" Zone, Modified
(Block 9); from Service Commercial "CS-
1" Zone to Multiple Residential "RM3-67"
Zone, Modified (Block 10);
Adds new special exemptions: "R3-41a"
and "RM3-67";
Modifications to existing RM3-57 Zone,
Modified;
Adds the definition: "Dwelling - Stacked
Townhouse".
20-080-
LPAT
DEC 17/19
Penta Properties Inc.
ZAC-15-015
PL161115
PL161116
16
165 Upper Centennial Parkway (Stoney
Creek)
Change in zoning from Community
Shopping Centre (Holding) "SC2-5(H)"
Zone, Modified to Multiple Residential
(Holding) "RM3-60(H2)" Zone, Modified
(Block 1 of Schedule "A" to By-law) and
(Holding) "RM5-12(H2)" Zone, Modified
(Block 2) and (Holding) "RM3-60(H1)(H2)"
Zone, Modified (Block 9); from
Neighbourhood Development "ND" Zone
to Multiple Residential (Holding) "RM5-
12(H2)" Zone, Modified (Block 3) and
(Holding) "RM3-60(H2)" Zone, Modified
(Block 4) and (Holding) "RM3-60(H1)(H2)"
Zone, Modified (Block 10) and (Holding)
"RM2-23(H2)" Zone, Modified (Block 11)
and Local Commercial (Holding) "LC-
10(H2)" Zone, Modified (Block 12) and
(Holding) "RM2-23(H1)(H2)" Zone,
Modified (Block 13); from Community
Shopping Centre (Holding) "SC2-6(H)"
Zone, Modified to Local Commercial
(Holding) "LC-10(H2)" Zone, Modified
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
(Block 5) and Multiple Residential
(Holding) "RM3-61(H2)" Zone, Modified
(Block 6) and (Holding) "RM2-23(H2)"
Zone, Modified (Block 7) and (Holding)
"RM2-23(H1)(H2)" Zone, Modified (Block
8) and (Holding) "RM2-23(H1)(H2)" Zone,
Modified (Block 14);
Adds new special exemptions: "RM3-60",
"RM5-12", "RM3-61", "LC-10", "RM3-
60(H1)", "RM3-60(H2)", "RM2-23(H1)",
"RM2-23(H2)", "RM5-12(H2)", "LC-
10(H2)" and "RM3-61(H2)".
20-082-
LPAT
DEC 17/19
Penta Properties Inc.
ZAC-14-027
PL161118
PL161119
16
198 First Road West (Stoney Creek)
Removes Blocks 1 & 13 of Schedule "A"
to By-law from Zoning By-law 3692-92;
Adds Blocks 2 & 3 to Zoning By-law
3692-92, Residential Multiple "RM2-23"
Zone, Modified; adds Block 4 to Zoning
By-law 3692-92, Single Residential "R4"
Zone;
Change in zoning from Multiple
Residential "RM4" Zone to Residential
"R5-10" Zone, Modified (Block 5) and
"RM2-23" Zone, Modified (Blocks 6 & 15)
and "R4" Zone (Block 7) and Multiple
Residential (Holding) "RM2-23(H)" Zone,
Modified (Block 12); from Community
Shopping Centre (Holding) "SC2-5(H)"
Zone, Modified to Multiple Residential
(Holding) "RM3-60(H)" Zone, Modified
(Block 8) and "RM2-23" Zone, Modified
(Block 9); from Neighbourhood
Development "ND" Zone to (Holding)
"RM3-60(H)" Zone, Modified (Block 10)
and "RM2-23" Zone, Modified (Block 11)
and (Holding) "RM2-23(H)" Zone,
Modified (Block 14);
Modifications to the Residential "R5-10"
Zone, Modified;
Adds new special exemptions: "RM2-
23(H)" and "RM3-60(H)".
20-152
JUL 17/20
Glen Schnarr & Associates Inc. ZAC-17-076
8
1218 & 1226 Barton Street;
1219 Highway No. 8
Change in zoning from Agricultural
Specialty "AS" Zone to Single
Residential "R4-35" Zone, Modified
(Block 1) and "R4-36" Zone, Modified
(Block 4) and (Holding) "R4-36(H)" Zone,
Modified (Block 5) and "R4-37" Zone,
Modified (Block 6) and General
Commercial (Holding) "GC-30(H)" Zone,
Modified (Block 7); from Rural
Residential "RR" Zone to "R4-35" Zone,
Modified (Block 2); from Single
Residential "R1" Zone to "R4-35" Zone,
Modified (Block 3);
Adds new special exemptions: "R4-35",
"R4-36", "R4-36(H)", "R4-37" and "GC-
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
30(H)".
20-174
AUG 21/20
A.J. Clarke and Associates
ZAC-18-005
2
42, 44, 48, 52 and 54 Lakeshore Drive
Change in zoning from Rural Residential
"RR" Zone to Single Residential "R2-66"
Zone, Modified;
Adds new special exemption: "R2-66"
20-235
NOV 11/20
Malatesta Brothers
Construction
ZAC-16-016
4
1313 Baseline Road
Change in zoning from Single Residential
"R1" Zone to Single Residential "R3-44"
Zone, Modified;
Adds new special exemption: "R3-44"
20-262
DEC 16/20
New Hamilton Development
Corporation
ZAC-16-057
16
56 Highland Road West
Change in zoning from Neighbourhood
Development "ND" Zone, to Multiple
Residential "RM3-68(H)" Zone, Modified;
Adds special exemption with Holding:
"RM3-68(H)" to (Block 1 of Schedule "A"
to By-law);
Change in zoning from Single Residential
"R2" Zone, to Multiple Residential "RM3-
68(H)" Zone, Modified;
Adds special exemption with Holding:
"RM3-68(H)" to (Block 2 of Schedule "A"
to By-law); and
Various modifications to definitions of
Part 2.
21-077
MAY 12,
2021
City of Hamilton
City Initiative
CI-20-E
Citywide
Secondary Dwelling Unit Regulations
21-167
SEPT 29,
2021
City of Hamilton
City Initiative
CI-20-E
Citywide
Secondary Dwelling Unit Regulations
21-188
OCT 13,
2021
City of Hamilton
City Initiative
CI-21-E
General Amendment
Administration and enforcement.
Add lands located at 57, 61, 65, 67, and
71 East Street.
22-081
APRIL 13,
2022
City of Hamilton
City Initiative
CI-22-D
Citywide
Commercial Entertainment and
Recreation on Outdoor Commercial
Patios
22-131
JUNE 08,
2022
City of Hamilton
ZAC-20-026
250-256 First Road West
Changing the zoning from
Neighbourhood Development "ND" Zone
to the Multiple Residential "RM3-70(H)"
Zone
BY-LAW AMENDMENTS PASSED BY THE CITY OF STONEY CREEK
AMENDING ZONING BY-LAW NO. 3692-92
22-138
JUNE 08,
2022
City of Hamilton
CI-20-E
Citywide
Modifications and Updates to Secondary
Dwelling Unit and Secondary Dwelling
Unit-Detached Regulations
23-036
MAR 20/23
Glen Schnarr & Associates Inc. ZAH-21-004
8
1226 Barton Street
H REMOVAL
23-194-
OLT
AUG 2/23
Losani Homes (1998) Ltd.
ZAC-18-049
7
860 & 884 Barton Street
Change in zoning from the Agricultural
Specialty "AS" Zone to the Multiple
Residential "RM3-73" Zone, Modified
(Block 1) and from the Agricultural
Specialty "AS" Zone to the Multiple
Residential "RM3-74" Zone, Modified
(Block 2)
24-017-
OLT
JAN 22/24
Losani Homes (1998) Ltd. &
1080992 Ontario Inc.
ZAC-17-015
11, 19, 20, 21, 23, 27 and 30 Lakeside
Drive and 81 Waterford Crescent
Update to Subsection 6.4.7
24-065
MAY 08/24
ZAC-24-005
560 Grays Road
Revisions to Section 6.10 Multiple
Residential "RM3" Zone. Amending
Special Exemption "RM3-58", and
Subsection 2
24-216-
OLT
NOV 19/24
1520866 Ontario Limited
(Losani Homes)
ZAC-16-056
16
157 Upper Centennial Parkway
Change zoning from Neighborhood
Development "ND" Zone, Open Space
"OS" Zone, and General Commercial
"GC-49" Zone to Multiple Residential
"RM3-76-H" Zone.
24-226
DEC 11/24
ZAC-21-011
582 and 584 Highway No. 8
Change in zoning from Single Residential
"R2" Zone and Neighborhood
Development "ND" Zone to Multiple
Residential "RM3-75(H)" Zone
25-002-
OLT
JAN 07/25
Mikmada (Paramount) Inc.
10
1065 Paramount Drive
Changing the zoning from the Small
Scale Institutional "IS" Zone to the
Multiple Residential "RM3-77(H)" Zone.
25-039
MAR 05/25
CI-25-B
City Wide
Amending Section 6.1: GENERAL
PROVISIONS FOR ALL RESIDENTIAL
ZONES
25-156
AUG 06/25
CI-25-D
City Wide
Amending Section 2: Definitions and
Section 4: General Provisions for all
Zones
26-018-
PED
JAN 22/26
City of Hamilton
ZAH-25-032
0 Kingspoint Circle, Stoney Creek
The Holding Provision has been removed
from 0 Kingspoint Circle. Zoning
changed from R3-12(H) to R3-12.
26-021-
OLT
JAN 12/26
ZAC-24-022
7
286 Lewis Road
Changing the zoning from the
Agricultural Specialty "AS" Zone to the
Multiple Residential "RM3-80" Zone,
Modified and to the Multiple Residential
"RM3-81" Zone.
EXPLANATORY NOTE
The City of Stoney Creek Zoning By-law No. 3692-92 was approved
(except where noted) by the Ontario Municipal Board on 31st day of May,
1994.
The amendments listed in the following index have been incorporated
into the text of Zoning By-law No. 3692-92. The amending By-law number
in the margin indicates where the amended text is located. Modifications
made as a result of the Ontario Municipal Board Hearings held in 1993
and 1994, have also been incorporated into the text of Zoning By-law No.
3692-92.
INTRO-1
PART 1
INTRODUCTION
The Council of the Corporation of the City of Stoney Creek enacts as follows:
SECTION 1.1
TITLE
This By-law may be cited as the Zoning By-law of the City of Stoney Creek.
SECTION 1.2
DEFINED AREA
The provisions of this By-law shall apply to all of the lands contained within the
municipal boundaries of the Corporation of the City of Stoney Creek as shown
on Schedule "A" attached hereto. However, the zone regulations on lands
which are within the Development Control Area as established by the Niagara
Escarpment Planning and Development Act, R.S.O. 1990, c.N.2, do not form
part of this By-law, but act as a guide to the Corporation in assessing and
commenting on applications for development permits.
DEF-1
PART 2 DEFINITIONS
For the purpose of this By-law, all words shall carry their customary meaning except those defined
hereafter:
Accessory
When used to describe a use, building, structure or activity, means a use, building, structure or
activity which is incidental, secondary, subordinate and exclusively devoted to a principal use,
building, structure or activity and located on the same lot therewith.
Accessory Building or Structure (By-law 3863-93)
Means a separate building or structure not used for human habitation, the use of which is incidental,
secondary, subordinate and exclusively devoted to the principal use, building, structure or
activity and located on the same lot therewith and shall also mean and include a detached private
garage.
Accessory Use
Means a use which is incidental, secondary, subordinate and exclusively devoted to the principal
use and located on the same lot as the principal use.
Adult Entertainment Parlour (By-law 4387-96)
Means any premises or part thereof in which is provided in pursuance of a trade, calling,
business or occupation, goods or services, appealing explicitly to or designed to appeal explicitly
to erotic or sexual appetites or inclinations.
Agricultural
Means the use of land, buildings and structures for the purpose of field crops, market gardening
crops, orchards, vineyards, livestock (excluding dogs), poultry production, nurseries, greenhouses,
apiaries, mushrooms, aquacultural, horticultural, silvicultural or other farming use, including the
growing, raising, packing, treating, processing, marketing, selling, sorting or storage of
products produced on the premises, the storage, disposal or use of organic wastes for farm purposes
and any similar uses customarily carried on in the field of general agriculture including a veterinary
facility.
Amenity Area
Means the portion of a lot intended for communal recreational purposes, which may include
landscaped open space, play areas, sun decks and roof decks, but shall not include an apartment
balcony, the area occupied by the buildings, service areas, parking areas or driveways.
DEF-2
PART 2
DEFINITIONS
DEF-3
Amusement Centre
Means a commercial establishment or part thereof where indoor facilities are provided for
participatory entertainment or where exhibits are displayed and includes a bowling alley, pool hall,
billiards parlour, place of amusement or wax museum.
Animal Hospital or Shelter
Means a building or part thereof, where domestic animals or households pets are given
temporary indoor shelter, accommodation and treatment and includes, without limiting the
generality of the foregoing, a veterinary facility, a public pound, but does not include any
establishment engaged primarily in the retail sale of animals or in breeding or training animals
for gain or profit.
Assembly Hall
Means a building or part thereof used for the gathering together of groups of persons for a
specific function, including public meetings, but shall not include a banquet hall or commercial
or private club, as defined by this By-law.
Arena
Means a building or structure, or part thereof, owned or operated by a private club, by a
non-profit or charitable institution or by a public agency, where facilities are provided primarily
for athletic or recreational activities, entertainment or events.
Attic
Means the portion of a building situated wholly, or in part, within the gables of the roof and which
is less than one-half storey in height.
Auditorium
Means a building or structure, or part thereof, where facilities are provided for civic,
educational, musical, recreational, theatrical, political, religious or social events, and includes an
assembly hall, arena, cinema, theatre, playhouse, opera house, concert hall, public museum,
exhibition hall, convention centre or community social centre, but does not include an
amusement centre, commercial recreation centre, stadium or drive-in theatre as defined herein,
or any retail store or restaurant unless such store or restaurant is an accessory use.
PART 2
DEFINITIONS
DEF-4
Balcony
Means a stage or platform, other than a stoop or porch, projecting from the wall of a building
and accessible from inside such building by means of a door.
Bank
Means a commercial establishment where money is deposited, kept, lent and exchanged, and
includes, without limiting the generality of the foregoing, the business premises of a trust company,
caisse populaire or credit union.
Banquet Hall
Means a building or part thereof where full kitchen facilities are provided on the same premises,
used for the gathering together of groups of people for specific functions including the consumption
of food and drink.
Basement
Means that portion of a building which is partly underground, between two floor levels and
which has more than one half of its height from finished floor to finished ceiling above the average
finished grade level adjacent to the exterior walls of the building.
Boarding House
Means a housekeeping unit within a detached building in which the maximum number of
persons residing in the unit, exclusive of supervisory personnel, employees, or their dependents,
shall be as specified in the various zoning categories of this By-law and in which unit persons
are lodged for gain. Such a unit shall not include the following:
(a)
A Community Resource Centre or a Correctional Institution as defined or designated
under the Ministry of Correctional Services Act, R.S.O. 1990, c.M.22;
(b)
A place of open custody, a place of open temporary detention, a place of secure custody, a
place of secure temporary detention or a place of temporary detention as defined under the
Mental Health Act, R.S.O. 1990, c.M.7;
(c)
A Charitable Institution or a Hostel as defined under the Charitable Institutions Act,
R.S.O. 1990, c.C.9;
(d) A Nursing Home as defined under the Nursing Home Act, R.S.O. 1990, c.N.7;
PART 2
DEFINITIONS
DEF-5
(e)
A Home for the Aged as defined under the Homes for the Aged and Rest Homes Act,
R.S.O. 1990, c.H.13;
(f)
A Residential Care Facility;
(g)
A Domiciliary Hostel;
(h)
A Tent, Cabin, Travel Trailer or Mobile Home;
(i)
A Hotel, Motel, or Tourist Home;
(j) A Foster Home; or
(k) A Group Home.
Boarding House - Type A
Means a boarding house occupied by not more than six persons lodged for gain.
Boarding House - Type B
Means a boarding house occupied by more than six persons lodged for gain.
Body-rub
Means the kneading, manipulating, rubbing, massaging, touching or stimulating by means of a
person's body or part thereof, but does not include medical or therapeutic treatment given by a
person otherwise duly qualified, licensed or registered under the laws of the Province of Ontario.
Body-rub Parlour
Means any premises or part thereof where body-rubbing is performed, offered or solicited in
pursuance of a trade, calling, business or occupation, but does not include any building or part
thereof where the body-rubs performed are for the purpose of medical or therapeutic treatment and
are performed or offered by persons otherwise duly qualified, licensed or registered under the
laws of the Province of Ontario.
Body Shop
Means a building or part thereof used primarily for repairing or painting motor vehicle bodies.
Building
Means a structure consisting of a wall or roof and floor and used for the accommodation of
persons, shelter of animals or storage of goods, but such a structure shall not include a fence.
PART 2
DEFINITIONS
DEF-6
Building By-law
Means any By-law of the Corporation passed pursuant to the Building Code Act, R.S.O. 1990,
c.B.13.
Building Official, Chief
Means the person duly appointed by Council as the Chief Building Official and charged with the
duty of enforcing the provisions of the Building Code Act, R.S.O. 1990, c.B.13, together with
any regulations thereunder, or any Building By-law.
Building Permit
Means a permit required by any Building By-law or by the Building Code Act, R.S.O. 1990,
c.B.13.
Building Supply Outlet
Means a commercial establishment used for the wholesale or retail sale of building or construction
supplies or accessories including, lumber, millwork, cement, siding, roofing, plumbing or
electrical, heating, cooling or ventilation supplies but does not include any establishment engaged
primarily in the indoor retail sale of windows, paints, wall coverings, floor coverings, plumbing
supplies or hardware.
Business Office
Means a building or part thereof in which one or more persons are employed in administering,
managing, directing or conducting a public or private agency, a business, a brokerage or a labour
or fraternal organization, and includes, without limiting the generality of the foregoing, an office
accessory to a permitted non-residential use, a bank or other financial institution, a data processing
establishment, printing shop, real estate or insurance agency, but does not include a retail store,
professional office or veterinary establishment.
By-law Enforcement Officer
Means a person duly appointed by Council as a By-law Enforcement Officer and charged with
the duty of enforcing the By-laws of the Corporation.
Car Washing Establishment
Means a building or structure, or part thereof, containing manual or automated facilities for
washing or cleaning vehicles, but does not include any other automotive use defined herein.
PART 2
DEFINITIONS
DEF-7
Cellar
Means that portion of a building or structure which is partly or wholly underground, between
two floor levels and which has more than one-half of its height from finished floor to underside
of first floor joists below the average finished grade level adjacent to the exterior walls of the
building.
Cemetery
Means land that is set apart or used as a place for the interment of the dead or in which human
bodies have been buried and shall include a crematorium and columnbarium.
Child Care Centre (25-156)
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.
Club, Commercial
Means any club other than a private club but does not include a flea market.
Club, Private
Means a building or part thereof used as a meeting place for members of an organization or an
athletic, social or recreational club not operated for profit.
Cold Cellar
Means an area of a basement or cellar which protrudes into the required front or rear yard and
which is located totally under a porch, which porch is unenclosed on at least two sides.
Commercial
When used to describe a use, building, structure, or activity means a use, building, structure or
activity pertaining to the buying or selling of commodities or the supplying of services for
remuneration, gain or profit, but does not include uses, buildings, structures or activities pertaining
to industrial purposes or construction works.
Commercial Composting
Means the treatment of waste by decomposing organic matter for the production of stabilized
humus which is subsequently sold on a commercial basis.
PART 2
DEFINITIONS
DEF-8
Commercial Recreational
When used to describe a use, building, structure or activity, means a use, building or part
thereof, structure or activity pertaining to operations for gain for the purposes of squash, tennis,
racquet or handball courts, bowling alleys, gymnasiums, private clubs, banquet halls, physical
fitness centres or arenas but does not include a flea market.
PART 2
DEFINITIONS
DEF-9
Common Walkway
Means an area within a shopping centre or commercial building through which ingress and
egress to shops and offices located within the shopping centre or commercial building is
obtained, provided that such area or part thereof is not used as a shop or otherwise occupied or
used for gain.
Community Centre
Means a building or part thereof used for community activities which shall not be used for any
commercial purpose.
Community Garden (By-law 14-279)
means land used for the growing and harvesting of plants, 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.
Conforming
Means complying with all applicable provisions or requirements of this By-law.
Convenience Food Store
Means a retail store used for the sale of convenience goods and items of day-to-day personal or
household use or necessity including food, beverages, pharmaceutical drugs, limited hardware
products, tobacco products and periodicals.
Corporation
Means the Corporation of the City of Stoney Creek.
Council
Means the Council of the Corporation of the City of Stoney Creek.
Custom Workshop
Means a building or part thereof used for fabricating, assembling, servicing or repairing goods
but shall not include motor vehicles.
Deleted (25-156)
Daylight Triangle
PART 2
DEFINITIONS
DEF-10
Means an area of a corner lot which is determined after the side lot line adjacent to the street and
the front lot line have been extended to their point of intersection and by measuring from the
point of intersection of the two lot lines a distance along each lot line as prescribed by the road
authority having jurisdiction to a point and joining such points with a straight line.
Deck
Means a structure open to the sky supported directly by piers and which structure is used for
outdoor enjoyment.
Defined Area
Refer to Section 1.2 of this By-law.
Density - Residential
Means the number of dwelling units per hectare on a lot.
Department Store
Means a building or part thereof having a minimum gross floor area of 3,000 square metres,
where general merchandise such as household furniture, household appliances, clothing, leather
goods, drugs, jewellery, hardware, books and stationary and other retail goods are sold on a
departmental basis.
Domiciliary Hostel
Means a housekeeping unit within a detached building in which the maximum number of
persons residing in the unit, exclusive of supervisory personnel, employees or their dependents,
shall be as specified in the various zoning categories of this By-law and in which unit persons
require immediate shelter or assistance not exceeding two weeks in duration. Such a unit shall
receive funding from any source based on the number of persons residing in the unit other than
funding for capital purposes. Such a unit shall be a facility licenced pursuant to a Provincial
Statute. Such a unit shall not include the following:
(a)
A Community Resource Centre or Correctional Institution as defined or designated under
the Ministry of Correctional Services Act, R.S.O. 1990, c.M.22;
(b)
A place of open custody, a place of open temporary detention, a place of secure custody, a
place of secure temporary detention or a place of temporary detention as defined under the
Mental Health Act, R.S.O. 1990, c.M.7.
(c) A Charitable Institution or Hostel as defined under the Charitable Institutions Act, R.S.O.
PART 2
DEFINITIONS
DEF-11
1990, c.C.9;
(d) A Nursing Home as defined under the Nursing Home Act, R.S.O. 1990, c.N.7;
(e)
A Home for the Aged as defined under the Homes for the Aged and Rest Homes Act,
R.S.O. 1990, c.H.13;
(f)
A Residential Care Facility;
(g)
A Boarding House;
(h)
A Tent, Cabin, Travel Trailer or Mobile Home;
(i)
A Hotel, Motel or Tourist Home;
(j) A Foster Home; or
(k) A Group Home.
Dry Cleaning or Laundering Establishment
Means a building or part thereof used for the purpose of dry cleaning, dyeing, cleaning, laundering
or pressing articles, goods or fabrics, with or without a dry cleaning depot as an accessory use.
PART 2
DEFINITIONS
DEF-12
Dry Cleaning Depot
Means a building or part thereof used for receiving, and subsequently returning articles, goods or
fabrics for dry cleaning, dyeing, cleaning, laundering or pressing off the premises.
Dwelling Unit
Means a room or suite of rooms designed and intended for use by a family in which culinary and
sanitary facilities are provided for the exclusive use of such family. Such a unit shall have a
private entrance from outside the building or from a common hallway or stairway inside the
building. Such a unit shall not include the following:
(a)
A Community Resource Centre or Correctional Institution as defined or designated under
the Ministry of Correctional Services Act, R.S.O. 1990, c.M.22;
(b)
A place of open custody, a place of open temporary detention, a place of secure custody, a
place of secure temporary detention or a place of temporary detention as defined under the
Mental Health Act, R.S.O. 1990, c.M.7.
(c) A Charitable Institution or Hostel as defined under the Charitable Institutions Act, R.S.O.
1990, c.C.9;
(d) A Nursing Home as defined under the Nursing Home Act, R.S.O. 1990, c.N.7;
(e)
A Home for the Aged as defined under the Homes for the Aged and Rest Homes Act,
R.S.O. 1990, c.H.13;
(f)
A Residential Care Facility;
(g)
A Domiciliary Hostel;
(h) A Boarding House;
(i)
A Tent, Cabin or Recreational Vehicle;
(j)
A Hotel, Motel or Tourist Home;
(k) A Child Care
Centre; or (25-156)
(l) A Group Home.
Dwelling
Means a building containing one or more dwelling units as a main use thereof.
Dwelling Group (By-law 3863-93)
Means a group of more than one maisonette, townhouse or apartment or any combination thereof.
Dwelling Unit - Accessory
Means a dwelling unit accessory to a permitted non-residential use on the same lot and occupied
either by the owner of such lot or by a person employed thereon.
PART 2
DEFINITIONS
DEF-13
Dwelling - Apartment
Means a building containing five or more dwelling units which building shall have a common
entrance from the street level and where the occupants shall have the right in common to use halls,
stairs, yards and accessory buildings, but shall not include a Boarding House.
Dwelling - Converted
Means a dwelling that is altered to contain a greater number of dwelling units.
Dwelling - Duplex
Means a building containing two dwelling units but does not include any dwelling erected as, or
in the form of, a pair of semi-detached dwellings.
Dwelling - Fourplex
Means a building containing four dwelling units but does not include any dwelling erected as, or
in the form of, street townhouse or townhouse dwelling.
Dwelling - Fiveplex (By-law No. 4770-98)
Means a building containing five dwelling units but does not include any dwelling erected as, or
in the form of, street townhouse or townhouse dwelling.
Dwelling - Maisonette
Means back to back townhouse dwellings.
Dwelling - Mobile Home
Means a dwelling that is designed to be made mobile, and constructed or manufactured to
provide a permanent residence for one or more persons, but does not include a travel trailer or
tent trailer or trailer otherwise designed.
Dwelling - Semi-Detached
Means one of a pair of dwelling units attached horizontally or in part above grade and divided
vertically from each other by a common wall extending at least one storey above finished grade.
Dwelling - Single Detached
Means a building comprising one dwelling unit but does not include a mobile home.
PART 2
DEFINITIONS
DEF-14
Dwelling - Sixplex (By-law No. 4770-98)
Means a building containing six dwelling units but does not include any dwelling erected as, or
in the form of, a street townhouse or townhouse dwelling.
Dwelling - Stacked Townhouse (By-law No. 19-083)
Means a "Dwelling - Street Townhouse" containing a maximum of three dwelling units on one
lot, where each unit shall have a separate entrance from the Street.
Dwelling - Street Townhouse
Means a building containing not less than three and not more than eight dwelling units where each
unit is located on a separate lot with frontage on a public street and is separated from each adjoining
unit by a common or party wall or walls above grade for a minimum height of one storey above
grade. Such common or party wall may enclose a heated or unheated part of the dwelling unit
or private garage or a combination thereof.
Dwelling - Townhouse
Means a building containing not less than three and not more than eight dwelling units with each
unit separated by a common or party wall or walls, with a separate outside entrance to each unit.
Dwelling - Triplex
Means a building containing three dwelling units but does not include any dwelling erected as,
or in the form of, a street townhouse or townhouse dwelling.
Enclosed Parking
Means a building or part of the principal building, below or above grade, used for the parking of
five or more vehicles.
Explicitly (By-law 4387-96)
Means, as used in the definition of Adult Entertainment Parlour, leaving nothing implied, where
goods or services are provided.
Extractive Industrial
Means the use of any pit, quarry, or excavation made for the purpose of searching for, or removal
of, any soil, earth, clay, marl, sand, gravel, limestone, marble or other non-metallic mineral and shall
include equipment for the crushing, screening or washing of sand, gravel or aggregate materials but
shall not include a cement manufacturing plant, a concrete batching plant or an asphalt plant.
Family
PART 2
DEFINITIONS
DEF-15
Means one person or a group of persons including domestic servants and not more than three
boarders, residing as a single housekeeping unit.
Farm Produce/Product Stand (By-law 14-279)
means a building or structure used for the sale of fresh fruit, vegetables, 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.
Fence
Includes a hedge, free standing wall, structure, or partition constructed of any material or
combination of materials, enclosing, partly enclosing, or dividing land or being used for decorative
purposes.
Floor Area
For a residential use means the total floor area within a dwelling unit exclusively devoted to
such dwelling unit which area is measured between the interior faces of the exterior walls or
from the centre line of a common or party wall, but excluding a garage, breezeway, porch, veranda,
balcony, attic, basement, cellar, elevator shaft area or boiler room.
Floor Area - Gross
For a commercial or industrial use means the total floor area of all the storeys of a building or
structure including the floor area of any basement but not of any cellar or sub-cellar, 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 or structure. For the purposes of this
definition, the walls of an inner court shall be deemed to be exterior walls.
Floor Area - Gross Leasable
For a commercial or industrial use means the total floor area of all the storeys of a building or
structure used for commercial or industrial purposes on a lot; such areas to be measured from the
interior faces of the exterior walls, or from centre lines of party walls but excluding the area of any
floor area used for the following purposes:
(a) Parking of motor vehicles;
PART 2
DEFINITIONS
DEF-16
(b) Storage rooms in basements or cellars;
(c)
Mechanical equipment rooms for serving and maintaining the building;
(d)
Elevator shafts and areas occupied by escalators; and
(e) Common walkways, hallways, enclosed malls and service areas.
Floor Area - Public
Means that portion of a building which is accessible to the public but shall not include kitchens,
washrooms, hallways, stairwells, cloak rooms, entrance ways, utility rooms and storage areas,
and shall be measured from the interior faces of any walls surrounding such public areas.
Floor Area Ratio
Means the total floor area of all buildings on a lot divided by the lot area of that lot.
Foster Home
Means a housekeeping unit where a maximum of seven children are placed with a receiving family
for care and supervision, but not for adoption. Such a unit shall not include the following:
(a)
A Community Resource Centre or Correctional Institution as defined or designated under
the Ministry of Correctional Services Act, R.S.O. 1990, c.M.22;
(b)
A place of open custody, a place of open temporary detention, a place of secure custody, a
place of secure temporary detention or a place of temporary detention as defined under the
Mental Health Act, R.S.O. 1990, c.M.7.
(c) A Charitable Institution or Hostel as defined under the Charitable Institutions Act, R.S.O.
1990, c.C.9;
(d) A Nursing Home as defined under the Nursing Home Act, R.S.O. 1990, c.N.7;
(e)
A Home for the Aged as defined under the Homes for the Aged and Rest Homes Act,
R.S.O. 1990, c.H.13;
(f)
A Residential Care Facility;
(g)
A Domiciliary Hostel;
(h)
A Tent, Cabin, Travel Trailer or Mobile Home;
(i)
A Hotel, Motel or Tourist Home;
(j) A Group Home; or
(k) A Boarding House.
Fuel Storage Depot
PART 2
DEFINITIONS
DEF-17
Means an establishment primarily engaged in the bulk storage or distribution of petroleum,
gasoline, propane, diesel fuel, fuel oil, gas or other similar flammable products in fuel storage tanks.
Funeral Home
Means a building or part of a building, wherein undertaking services are offered and may include
accessory activities including the sale of caskets and facilities for public worship and service.
Garage - Industrial
Means a place or building, or part thereof where commercial motor vehicles, trucks, farm
implements, construction vehicles, industrial vehicles, equipment and parts are stored, leased,
repaired or sold.
Gasoline Bar
Means a place for one or more pump islands each consisting of one or more gasoline pumps or
motor fuel pumps and which place shall not be used for the sale of any product other than liquids
and small accessories required for the operation of motor vehicles and which shall not be used
for repairs, oil changes or greasing of motor vehicles.
Golf Course
Means a public or private area operated for the primary purpose of playing golf but may also
include such buildings and structures as are necessary for the operation and maintenance of the
golf course and such club house facilities including restaurants, banquet halls, conference halls and
retail sales outlets accessory to the golf course.
Grade
Means the average level of the proposed or finished ground adjoining a building at all exterior walls.
Goods (By-law 4387-96)
Means, as used in the definition of Adult Entertainment Parlour, books, magazines, pictures, slides,
film, phonograph records, compact disks, video tapes, audio tapes, prerecorded magnetic tape and
any other reading, viewing or listening material.
Group Home
Means a housekeeping unit within a building, in which the maximum number of persons
residing in the unit, exclusive of supervisory personnel, employees or their dependents, shall be
as specified in the various zoning categories of this By-law and which unit shall be licenced
pursuant to a Provincial Statute. Such a unit shall not include the following:
(a) A Community Resource Centre or a Correctional Institution as defined or designated under the
Ministry of Correctional Services Act, R.S.O. 1990, c.M.22;
(b)
A place of open custody, a place of open temporary detention, a place of secure custody, a place of
PART 2
DEFINITIONS
DEF-18
secure temporary detention or a place of temporary detention as defined under the Mental Health Act,
R.S.O. 1990, c.M.7.
(c)
A Charitable Institution or Hostel as defined under the Charitable Institutions Act, R.S.O. 1990, c.C.9;
(d)
A Nursing Home as defined under the Nursing Home Act, R.S.O. 1990, c.N.7;
(e)
A Home for the Aged as defined under the Homes for the Aged and Rest Homes Act,
R.S.O. 1990, c.H.13;
(f)
A Residential Care Facility;
(g)
A Domiciliary Hostel;
(h)
A Tent, Cabin, Trailer or a Mobile Home;
(i)
A Hotel, Motel or Tourist Home;
(j) A Foster Home; or
(k) A Boarding House.
Hardware Store
Means a retail store engaged primarily in the indoor sale of hardware and home maintenance and
improvement supplies.
Hazardous Waste (By-law 09-131)
Means materials that are defined as hazardous waste under Ontario Regulation 347 to the
Environmental Protection Act.
Hazardous Waste Management Facility (By-law 09-131)
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
Height - Building (By-law 15-073)
Means the vertical distance from grade to the uppermost point of the building but not including any
mechanical penthouse or any portion of a building designed, adapted or used for such features as a
chimney, 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.
PART 2
DEFINITIONS
DEF-19
Highway
Means a common and public highway, street, avenue, parkway, driveway, square, place, bridge,
viaduct or trestle, designed and intended for, or used by, the general public for the passage of motor
vehicles and which has been assumed for public use as a public highway.
Home Child Care (By-law 25-156)
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:
(a) Is licensed in accordance with the requirements of the Child Care and Early Years Act, as
amended, or,
(b) Is not licensed under the Child Care and Early Years Act, as amended, and the number of
children does not exceed five.
Home for the Aged
Means a building for aged persons as defined under the Home of the Aged and Rest Home Act,
R.S.O. 1990, c.H.13, or a rest home established and maintained under the said Act.
Home Occupation (By-law 5023-99)
(By-law 25-156)
Means an occupation, trade, business, profession or craft carried on as a secondary and
incidental use within any dwelling unit, which use is carried on solely by the residents of the
dwelling in which the home occupation is located and pursued subject to the limitations of
Section 4.8 of this By-law. A home occupation may include a hairdressing shop, a barber shop-
and a personal service shop in a single-detached dwelling only, but shall not include the
following uses in any dwelling unit:
(a)
Retailing and wholesaling;
(b)
Manufacturing;
(c)
Repairing;
(d) Printing Press
For the purposes of this definition, a Personal Service Shop does not include a dry cleaning
depot, laundromat or an optical shop.
Hotel, Motel
PART 2
DEFINITIONS
DEF-20
Means a commercial establishment used to provide temporary rental sleeping accommodation
for travellers and may include personal service shops, restaurants, assembly halls or convenience
food stores.
Housekeeping Unit
Means a room or rooms in which there are cooking, dining, sanitary and sleeping facilities.
Industrial
When used to describe a use, building, structure, or activity means a use, building, structure, or
activity pertaining to:
(a)
The manufacturing, assembling, making, producing, blending, roasting, smelting, forging,
preparing, milling, refining, inspecting, grading, sorting, classifying, screening,
ornamenting, finishing, treating, tanning, cleaning, washing, drying, altering, repairing,
restoring, processing, polishing, refinishing, packing, adapting, sawing, warehousing,
stockpiling, storing, distributing, shipping, breaking up, crushing, demolishing,
reprocessing or recycling of goods, substances, articles or things, including ores, minerals,
aggregates and agricultural products or any part or parts thereof; or
(b)
The production or storage of building or construction equipment or materials, but does not
include an extractive use or a salvage yard.
Institutional
When used to describe a use, building, structure or activity means a use, building structure or
activity pertaining to religious, charitable, educational, health or welfare purposes and may include
places of worship, public and private non-commercial schools, nursery schools or day care
facilities.
Kennel - Boarding
Means an establishment where dogs, cats or other small domestic animals or household pets are
bred or raised primarily for the purpose of sale, or are trained or boarded for gain or profit and must
include a dwelling unit.
Landscaped Open Space
Means any uncovered area of land including lawn and ornamental shrubs located in any yard, or in
any inner or outer court, and includes paths, patios, play areas, decks or walkways but shall not
include any parking spaces, parking areas, parking lots, driveways, or ramps.
PART 2
DEFINITIONS
DEF-21
Landscaped Strip
Means an area of land devoted solely to the growing of grass, ornamental shrubs or trees and
may include fences and berms.
Library
Means a library, branch library, or distribution facility under the jurisdiction of the Public
Libraries Act, R.S.O. 1990, c.P.44.
Loading Space
Means an area of land provided in accordance with the provisions of this By-law used for the
temporary parking of vehicles while said vehicles are being loaded or unloaded.
Local Agricultural Products (By-law 15-106)
Means as 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.
Lot
Means:
(a) A whole lot as shown on a Registered Plan of Subdivision; or
(b)
A parcel of land which fronts on a street which has been assumed for public use as a street,
and which
1. existed as a separate parcel of land without any adjoining lands being owned by the
same owner or owners as of August 23, 1963; or
2. was created pursuant to the provisions of Section 50.1 and Section 57 of the Planning
Act, R.S.O. 1990, c.P.13; or
3. was created pursuant to the provisions of Section 50(7) of the Planning Act, R.S.O.
1990, c.P.13; or
4. was created pursuant to the provisions of Section 50(3) of the Planning Act, R.S.O.
1990, c.P.13. (By-law 3863-93)
5. was created pursuant to the provisions of Section 50(1) and Section 53 of the Planning
Act, R.S.O. 1990, c.P.13.
For the purpose of this definition, a "Registered Plan of Subdivision" shall not include a
registered plan of subdivision which has been de-registered pursuant to Section 50(4) of
the Planning Act, R.S.O. 1990, c.P.13.
PART 2
DEFINITIONS
DEF-22
(c)
An existing lot of record created prior to the passing of this By-law, which fronts on a
private road.
Lot - Area
Means the total horizontal area within the lot lines of a lot.
Lot - Corner
Means:
(a)
A lot situated at the intersection of and abutting on two or more streets and which streets
have an angle of intersection of not more than 135 degrees whether or not such streets
have 0.3 metre reserves; or
(b)
A lot abutting a curve of a street the adjacent sides of which curve contain an angle facing
the lot of not more than 135 degrees, and such angle shall be formed by their tangents drawn
from the points where the side lot lines meet the lot line abutting a street but does not
include a lot abutting the bulb of a cul-de-sac or a turning circle, whether or not such streets
have 0.3 metre reserves.
Lot Coverage (By-law 15-073)
Shall mean the percentage of the lot covered by all buildings, but shall not include swimming
pools and decks.
Lot Depth
Means the shortest horizontal distance between the front lot line and the rear lot line.
Lot - End
Means a lot other than an interior lot or a corner lot situated at the end of a row of street
townhouses.
Lot - Frontage
Means the horizontal distance between the side lot lines which distance is to be measured along
the continuous front lot line to determine the lot frontage but if the front lot line is not
continuous then the lot frontage is to be determined by measuring the distance along the longest
front lot line, but:
(a)
Where the front lot line is not a straight line the lot frontage is to be determined by
PART 2
DEFINITIONS
DEF-23
measuring the distance of a straight line joining the two points where the side lot lines
intersect the front lot line but this paragraph does not apply to a corner lot; and
(b)
Where the front lot line is not a straight line and the side lot lines are not parallel, the lot
frontage is to be determined by measuring the distance of the line drawn 7.5 metres back and
parallel to the chord of the lot frontage and for the purposes 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; and
(c)
In the case of a corner lot where a daylight triangle or a radius has been established the lot
frontage is to be determined by measuring along the front lot line after the side lot line and
the front lot line have been extended to the point of intersection of the two streets.
Lot - Interior
Means a lot other than a corner lot or end lot.
Lot - Line
Means any boundary of a lot.
Lot Line - Flankage
Means a lot line other than a front or rear lot line which divides a lot from a street.
Lot Line - Front
Means a lot line that divides a lot from a street. In the case of a through lot, both lot lines
adjacent to the street shall be deemed to be the front lot line. Notwithstanding the foregoing:
(a)
In the case of a corner lot, the shorter lot line that abuts the street shall be deemed to be the
front lot line and the longer lot line that abuts the street shall be deemed to be the side lot
line; and
(b)
In the case of a corner lot with equal frontage on two streets, the wider street or the
Regional Road or Provincial Highway shall be deemed to be abutted by the front lot line, and
(c)
In the case of a corner lot where the lot frontage is equal on both streets and both streets
are under the same jurisdiction or of the same width, the owner may designate the lot line
abutting either street as the front lot line.
Lot Line - Rear
Means the lot line or lines opposite a front lot line.
Lot Line - Side
PART 2
DEFINITIONS
DEF-24
Means a lot line other than a front or rear lot line.
Lot - Through
Means a lot, other than a corner lot, bounded on two sides by a street or streets.
Marina
Means a commercial establishment used for recreational boating and may include boat mooring
and launching facilities, picnic areas, parks, playgrounds, swimming pools, beaches, locker room
facilities, enclosed and outside storage areas for boats, a marina service station, boat livery, sales
and repair facilities, club and restaurant facilities and refreshment stands.
Medical Clinic
Means a building or part thereof where members of the medical profession, dentists, chiropractors,
osteopaths, physiotherapists or occupational therapists, either individually or as a group provide
diagnosis and treatment for persons, without overnight accommodation, and may include reception
areas, offices, consultation rooms, minor operating rooms and any other customarily related uses
including x-ray facilities, pharmacies, opticians and medical laboratories provided that all
such uses have access only from the interior of the building.
Model Home (By-law 15-292)
Means 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.
Motor Vehicle
Means an automobile, motorcycle, motor assisted bicycle, unless otherwise indicated in the Highway
Traffic Act, and any other vehicle designed to be propelled or driven other than by muscular power,
but does not include a street car or other motor vehicles running only upon rails, or a motorized snow
vehicle, traction engine, farm tractor, farm implements or road building machine within the meaning
of the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended.
Motor Vehicle - Commercial
(a) Means a motor vehicle:
1. Which has attached thereto a truck or delivery body; and
2. Which for the purposes of the Highway Traffic Act, R.S.O. 1990, c.H.8, has a
PART 2
DEFINITIONS
DEF-25
registered gross weight of more than 3,629 kilograms; and
(b)
This definition includes truck tractors used for hauling trailers on the highway but does not
include a mobile home.
Motor Vehicle Dealership
Means a place where new or used motor vehicles or trailers are displayed for sale or rent and in
conjunction with which there may be a motor vehicle repair garage.
Motor Vehicle - Heavy
Means a motor vehicle having a carrying capacity in excess of 1 ton and any vehicle having a
registered gross weight in excess of 4 tons, or
(a)
for which the permit fee under the Highway Traffic Act is based on the weight of the
vehicle and load, in excess of 4 tons, or
(b) which exceeds 6.5 metres in length, or
(c) which is equipped with tandem rear axles or dual rear wheels, or
(d) which is a tow truck, or
(e) which is a bus, or bus converted into a mobile home or used for commercial purposes.
Motor Vehicle Repair Garage
Means a place where motor vehicles are repaired including mechanical and body repairs and
painting and includes alignment shops, muffler shops, rustproofing shops, auto glass shops,
radiator shops, car stereo equipment shops, and a towing service or rentals of motor vehicles
ancillary to the permitted use.
Motor Vehicle Service Station
Means a building or place used for the storage and sale of gasoline, propane, diesel fuel or other
motor vehicle engine fuels and may include the sale of accessory goods required for the
operation of motor vehicles, the performing of minor or running repairs on motor vehicles or the
operation of not more than one towing vehicle but shall not include a motor vehicle dealership or
a motor vehicle repair garage.
Motor Vehicle Wrecking Yard
Means a place used for the storage or collection, wholly or partly in the open, of five or more motor
vehicles in various stages of disrepair and the storage or collection of parts of dismantled motor
vehicles, but excluding farm vehicles and farm implements on lands used for agricultural purposes.
PART 2
DEFINITIONS
DEF-26
Non-Conforming
When used in reference to a use, lot, building or structure, means a use, lot, building or structure
which does not comply with one or more of the provisions of this By-law.
Notwithstanding
When used in this By-law shall mean "despite".
Nursery Garden Centre
Means an establishment primarily engaged in the retail sale of garden and landscaping supplies,
equipment and planting materials and accessories.
Nursing Home
Means a Nursing Home licensed under the Nursing Home Act, R.S.O. 1990, c.N.7.
Outside Storage
Means the placing or locating out of doors of any material, parts or equipment of any kind but
this does not include operative motor vehicles licensed or capable of being licensed to be
operated on a highway at any time or operative motorized construction vehicles or agricultural and
parks vehicles.
Park - Public
Means any open space, facility park or recreation area, owned, operated or maintained in whole
or in part by any public authority for public use, and shall include neighbourhood, community,
regional and special parks or areas.
Parking Area
Means an area of land which comprises all parking spaces of at least the minimum number required
according to the provisions of this By-law and includes all driveways, aisles, maneuvering areas,
entrances, exits and similar areas used for the purpose of gaining access to or egress from the said
parking spaces.
Parking Lot
Means an accessible area other than a street used for the temporary parking of vehicles.
Parking Space
Means an area of land which:
(a)
is provided for the temporary parking or storage of one motor vehicle for other than the
PART 2
DEFINITIONS
DEF-27
purpose of sale or display; and
(b) is of a size in accordance with the requirements of this By-law; and
(c)
has adequate access to permit ingress and egress of a motor vehicle from the street by way
of driveway systems in accordance with the regulations of this By-law.
Person
Includes a corporation and their heirs, executors, administrators or other legal representatives of
a person to whom the context can apply according to law.
Personal Service Shop
Means a building or part thereof used for performing services for the individual and personal
needs of persons including barber shops, beauty shops, estheticians, hairdressing salons, tanning
salons, shoe repair shops, tailor shops, dressmaking shops, dry cleaning depots, laundromats,
photographic studios, optical shops but does not include a body-rub parlour or adult
entertainment parlour as defined in the Municipal Act, R.S.O. 1980, C.302, as amended.
Pit
Means a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other
material is being or has been removed by means of an open excavation to supply material for
construction, or industrial or manufacturing purposes but does not include a wayside pit.
Place of Amusement
Means any commercial establishment or a part thereof containing more than three pinball machines
or other mechanical game machines or electronic game machines.
Place of Worship
Means a building or part thereof used by any religious organization for public or private worship
and includes a church hall, auditorium, convent, monastery, cemetery, Sunday School, religious
book store, vestry, vicarage or parsonage as accessory uses.
Printing Establishment
Means a building or part thereof used primarily for printing and publishing newspapers,
periodicals, books, maps and similar publications and also includes the sales and servicing of
printing and duplicating equipment.
PART 2
DEFINITIONS
DEF-28
Privacy Area
Means an outdoor area exclusively used by the occupants of a dwelling unit.
[Deleted] (By-law 25-156)
Professional Office
Means a building or part thereof used by professionally qualified persons, including their technical
assistants and clerical staff where clients or patients go for advice, consultation or treatment but
shall not include a medical clinic or a personal service shop.
Provided (By-law 4387-96)
Means, as used in the definition of Adult Entertainment Parlour respecting goods, to sell, rent, offer
to sell, or display for sale or rent, by retail or otherwise such goods, whether by attendants or by
machines, except that this shall not apply where less than 5% of the total display area or less
than 100 square feet thereof, whichever is less, is devoted to the display of goods;
Means, as used in the definition of Adult Entertainment Parlour respecting services, to furnish,
perform, solicit, or give such services whether by a male or female person and whether clothed
or unclothed;
Public Authority
Means a Federal or Provincial Government, or Municipal corporations and includes any
commission, board, authority, agency, ministry or department established by or for any of them.
Public Utility
Means an agency, corporation, board of commission, or any department of the City or Region
providing electricity, gas, steam, water, telegraph, telephone, cable television, transportation,
drainage or sewage or refuse collection and disposal services to the general public, and includes
any "public utility" as defined in the Public Utilities Corporation Act, R.S.O. 1990, c.P.52, and any
railway company subject to the Railway Act, R.S.O. 1985, c.R.3.
Quarry
Means a place where consolidated rock has been or is being removed by means of an open
excavation to supply material for construction, or industrial or manufacturing purposes but does
not include a wayside quarry.
Recreational Vehicle
Means any vehicle used for the temporary or seasonal accommodation of persons, notwithstanding
PART 2
DEFINITIONS
DEF-29
that such vehicle is jacked up or has its running gear removed, but shall not include a mobile home,
but may include a trailer, a boat or a snowmobile.
Recreational Vehicle Dealership
Means a place where new and used recreational vehicles are displayed for sale or rent and may
include a repair garage for recreational vehicles in conjunction with the said dealership but does
not include the sale or rental of mobile homes.
Research Centre
Means a place used for the purpose of conducting pure and applied research and experimentation
in any field of science, medicine and technology and includes such facilities as lecture rooms,
administrative offices, laboratories, display rooms, pilot units, simulating equipment and service
and machine shops to serve the research centre operation, but does not include industrial and
manufacturing operations other than those required as part of the research.
Residential Care Facility
Means a housekeeping unit within a detached building in which the maximum number of
persons residing in the unit, exclusive of supervisory personnel, employees or their dependents,
shall be as specified in the various zoning categories of this By-law. Such a unit shall be a
facility that receives funding based on the number of persons residing in the unit, which funding
may be from any source, and which funding is not for capital purposes. Such a unit shall be a
facility that is supervised by on-site personnel. Such a unit shall not include the following:
(a)
A Community Resource Centre or a Correctional Institution as defined or designated
under the Ministry of Correctional Services Act, R.S.O. 1990, c.M.22;
(b)
A place of open custody, a place of open temporary detention, a place of secure custody, a
place of secure temporary detention or a place of temporary detention as defined under the
Mental Health Act, R.S.O. 1990, c.M.7; and
(c) A Charitable Institution a Hostel as defined under the Charitable Institutions Act, R.S.O.
1990, c.C.9;
(d) A Nursing Home as defined under the Nursing Home Act, R.S.O. 1990, c.N.7;
(e)
A Home for the Aged as defined under the Homes for the Aged and Rest Homes Act,
R.S.O. 1990, c.H.13;
(f) A Domiciliary Hostel;
PART 2
DEFINITIONS
DEF-30
(g)
A Tent, Cabin or Recreational Vehicle;
(h)
A Hotel, Motel or Tourist Home;
(i) A Foster Home;
(j) A Group Home; or
(k) A Boarding House.
Restaurant - Convenience
Means any establishment having a public floor area not in excess of 100 square metres with or
without seating accommodations, where food or refreshments are sold in a ready to consume state,
for consumption on or off the premises and which is located in a building primarily devoted
to another use or other purpose.
Notwithstanding, any other provisions of this By-law, for the purposes of this definition "floor
area" means the sum total of the gross horizontal areas of the several floors of a building or part
thereof, excluding a basement or cellar when that basement or cellar is used for any storage
purposes related to the Convenience Restaurant, measured from exterior faces of the outside walls,
or from the centre line of any common walls.
Restaurant - Fast Food
Means any establishment located in a building or part thereof having a floor area in excess of
100 square metres, with or without seating accommodation, where food or refreshments are sold
primarily by counter service in a ready to consume state for consumption on or off premises,
whereby;
(a) A customer attends at a counter to place an order for food or refreshments; or
(b) A customer attends at a counter to obtain delivery of food or refreshments; or
(c) A customer attends at a counter to consume the food or refreshments; or
(d)
A customer may order and take delivery of food or refreshments in his vehicle to be
consumed on the site or elsewhere.
Notwithstanding any other provisions of this By-law, for purposes of this definition "floor area"
means the sum total of the gross horizontal areas of the several floors of any building, structure
or part thereof, excluding a basement or cellar when that basement or cellar is used for storage
purposes related to a Fast Food Restaurant, measured from the exterior faces of the outside
walls, or from the centre line of any common walls.
PART 2
DEFINITIONS
DEF-31
Restaurant - Outdoor Patio (By-law 09-210)
Shall Mean any outdoor area used in conjunction with any establishment licensed under the Liquor
Licence Act, where meals or refreshments are serviced to the public for consumption on the
premises.
Restaurant - Standard
Means any establishment located in a building or structure or part thereof where food or
refreshments are prepared and sold for consumption on the premises, but does not include a fast
food restaurant or a convenience restaurant.
Retail Store
Means an establishment used for the sale, offering for sale or display for sale or rental of goods,
wares, merchandise, commodities, substances, or articles of any kind to the general public, but
does not include flea markets or auction centre.
Retirement Home
Means a Type "B" Boarding House.
Salvage Yard
Means any premises where derelict, discarded, abandoned or inoperable motor vehicles or other
salvaged articles are stored, wholly or partly in the open, including junkyards, scrapyards or motor
vehicle wrecking yards.
Sample Showroom
Means a place where products are displayed.
School - Commercial
Means a school, other than a public or private school, where academic or technical subjects are
taught and which is operated on a financial profit basis.
School - Private
Means a school, other than a public school, where academic subjects are taught and which is
maintained for educational, philanthropic or religious purposes but does not include a
commercial school.
School - Public
Means a public or separate elementary school, high school, technical school, recreational school,
college or university, established and maintained at public expense.
PART 2
DEFINITIONS
DEF-32
Secondary Dwelling Unit (By-law 22-138)
Means a separate and self-contained Dwelling Unit that is accessory to and located within the
principal dwelling.
Secondary Dwelling Unit (By-law 22-138)
Means a separate and self-contained detached Dwelling Unit that is accessory to and located on the
same lot as the principal dwelling.
Services (By-law 4387-96)
Means, as used in the definition of Adult Entertainment Parlour, activities, facilities, performances,
dances, exhibitions, viewing, and encounters but does not include the exhibition of film under
The Theaters Act;
Service and Repair Shop
Means an establishment used for non-personal services or trades including merchandise service
outlets, print shops, business premises of tradesmen, or shops for the repair or service of household
goods.
Shopping Centre
Means one or more buildings, or part thereof, containing a group of four or more separate commercial
establishments, comprehensively planned and maintained as a single cohesive and integrated site.
Solar Apparatus
Means any device or combination of devices employed in the collection of direct solar radiation
for the purposes of heating or cooling a building, heating water, generating electricity or otherwise
converting solar rays into usable forms of energy.
Storey
Means that portion of a building included between any floor level and the floor, ceiling, or roof
next above it, but does not include a cellar, basement or an attic.
Storey - One-Half
Means the portion of a building situated wholly or in part within the roof and having its floor level
not lower than 1.2 metres below the line where the roof and outer wall meet and in which there is
sufficient space to provide distance between finished floor and finished ceiling of at least
2 metres over a floor area equal to at least 50 percent of the area of the floor next below.
PART 2
DEFINITIONS
DEF-33
Street
Shall have the same meaning as Highway.
Structure (By-law 4526-97)
Structure means anything constructed or erected, the use of which requires location on or in the
ground, or attached to something located on or in the ground, but does not include the permanent
way of a railway or any paved surface located directly on the ground or a sign.
Tandem Parking
Means one parking space located immediately behind another parking space where both spaces are
for the exclusive use of one dwelling.
Thermal Treatment (By-law 09-131)
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.
Top of Bank (By-law 3998-94)
Means the upper edge of the slope of a stream valley or shoreline where the slope intersects the
horizontal plain identified and regulated by a conservation authority pursuant to the
Conservation Authority Act, R.S.O. 1990, c.C.27. Where shoreline protection works have been
installed along the Lake Ontario shoreline the top of bank shall be considered to be established
as the landward edge of the shoreline protection works.
Trailer
Means a vehicle designed to be carried or towed by a motor vehicle and which is or may be used for
the transporting of or storage of goods, animals, other vehicles, bulk materials or any other material.
Transport Terminal
Means any premises where commercial vehicles are kept for hire, rental or lease, or are stored or
parked for remuneration, or from which commercial vehicles are dispatched for hire as common
carriers.
Unitary Equipment
Means any apparatus used for the purpose of heating, cooling, changing of air, refrigeration,
pumping or filtering of water or any other similar type of equipment used for these purposes, except
for an air conditioning unit located in a window opening.
Urban Farm (By-law 14-279)
PART 2
DEFINITIONS
DEF-34
means land that is used for the growing and harvesting of edible plants, vegetables or fruits and
that the edible plants, fruits and vegetables grown on-site 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.
Urban Farmers Market (By-law 15-106)
Means land used for 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.
Use
Means the purpose for which land, buildings or structures are arranged, designed or intended,
occupied or maintained.
Value-added Local Agricultural Products (By-law 15-106)
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.
Vehicle
Means any carriage, conveyance or other device capable of being propelled, driven or drawn by any
kind of power, including motor power or wind power, and includes, without limiting the generality
of the foregoing, a passenger motor vehicle, trailer, truck, boat, aircraft, tractor, farm implement,
mobile crane or shovel, snowmobile or motorcycle, but does not include a pedal bicycle, canoe or
other device powered solely by means of human effort, or a mobile home dwelling.
Vehicle - Non-Commercial
Means a vehicle having a specified capacity of not more than 1 ton or, in the case of a passenger
vehicle, 12 persons, but does not include a commercial vehicle or farm vehicle.
Veterinary Facility
Means a building, land or vehicle or any combination of them used or intended to be used as a
place in or from which to engage in the practice of veterinary medicine.
Warehouse
Means a building or part thereof used primarily for storage including cold storage and other
PART 2
DEFINITIONS
DEF-35
accessory uses. For the purposes of this definition a warehouse includes a centre for the
distribution of wholesale goods and commodities for resale to retailers or to industrial, commercial,
institutional or professional users but does not include a fuel storage depot, transport terminal
or stockyard.
Waste (By-law 09-131)
Means materials that are defined as waste under Part V of the Environmental Protection Act.
Waste Disposal Facility (By-law 09-131)
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
Waste Management Facility
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.
Waste Processing Facility
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.
Waste Transfer Facility
Means the use of land, building, structure or part thereof, for the temporary storage and
collection of waste and for which a Certificate of Approval for such purpose under Part V of the
Environmental Protection Act is required. A waste transfer facility may also include limited
PART 2
DEFINITIONS
DEF-36
sorting of such waste prior to its transport.
Wholesale Establishment
Means the use of land, buildings or structures for the purpose of selling goods, wares or
merchandise to be retailed by others and includes the storage or warehousing of the goods, wares
or merchandise.
Wayside Pit or Quarry
Means a temporary pit or temporary quarry opened and used by a public road authority or their
agent solely for the purpose of a particular project or contract of road construction and not
located on the road allowance and may include a temporary portable asphalt plant.
Yard
Means an open and uncovered area of a lot adjoining 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.
Yard - Flankage
Means a yard extending from the front yard to the rear yard of a corner lot and from the flankage
lot line of such lot to the nearest wall of any building or structure on the lot.
Yard - Front
Means a yard extending across the full width of a lot and located between the front lot line and
the nearest wall of any building or structure on the lot.
Yard - Interior Side
Means a yard extending from the front yard to the rear yard of a lot and from an interior side lot
line of such lot to the nearest wall of any building or structure on such lot.
Yard - Rear
Means a yard extending across the full width of a lot and located between the rear lot line and
the nearest wall of any building or structure on the lot.
Yard - Required
Means that part of a yard which has minimum front yard depth, rear yard depth or side yard
width required by provisions contained in this By-law.
Yard - Side
PART 2
DEFINITIONS
DEF-37
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 building or structure on the lot.
INTER-1
PART 3
INTERPRETATION
SECTION 3.1
MINIMUM REQUIREMENTS
In their interpretation and application, the provisions of this By-law shall
be held to be minimum requirements, except when expressly stated
otherwise, 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
more restrictive, or the By-law imposing the higher standards, shall govern
and apply.
SECTION 3.2
INTERPRETATION OF SCHEDULES
Schedule "A" which consists of Maps No. 1 to 19 inclusive and the Index
Map attached hereto which may be cited as the Zoning Schedules with
references to zones as shown thereon, are hereby declared to form a part of
this By-law.
SECTION 3.3
ZONE BOUNDARIES
When determining the boundary of any zone, the following provisions
shall apply:
(a)
A boundary indicated as following a highway, street or lane shall be
the centre line of such highway, street or lane;
(b)
A boundary indicated as following a watercourse, creek, stream, or
the right-of-way of a railway or an electrical, gas or oil transmission
line shall be the centre line of such watercourse, creek, stream or
right-of-way;
(c)
A boundary indicated as following a shoreline shall follow such
shoreline, and in the event of change to the shoreline, the boundary
shall be construed as moving with the actual shoreline;
(d)
A boundary indicated as approximately following lot lines shown on
a registered plan of subdivision or geographic Township lot lines
shall follow such lot lines;
PART 3
INTERPRETATION
INTER-2
(e) Where a boundary is indicated as approximately parallel to a lot line
abutting a street or other feature indicated in clauses (a), (b) or (c) of
this subsection, and the distance from such lot line abutting a street
or other features is not indicated, and clause (d) above does not
apply, such boundary shall be construed as being parallel to such lot
line abutting a street or other feature, and the distance therefrom shall
be determined according to its scale shown on the Zoning Schedule;
and
(f)
In the event a dedicated street, road allowance or lane in the Defined
Area shall be closed, and if such closed street, road allowance or lane
formerly formed the boundary between two or more different zones,
the new zone boundaries shall be the former centre line of any such
closed street, road allowance or lane.
SECTION 3.4
MEANING OF CERTAIN WORDS
In this By-law, the word "shall" is mandatory and the word "may" is
permissive or discretionary. Words used in the present tense include the
future tense, and the converse. Words in the singular number include the
plural number and the converse.
SECTION 3.5
CLASSIFICATION OF ZONES
For the purpose of this By-law, the Corporation is divided into the following
zones and their extent, location and boundaries are shown on the maps which
constitute Schedule "A" to this By-law:
PART 3
INTERPRETATION
INTER-3
CLASSIFICATION
ZONE
SYMBOL
AGRICULTURAL/RURAL
AGRICULTURAL
AGRICULTURAL SPECIALTY
RURAL RESIDENTIAL
RURAL RESIDENTIAL ESTATE
A
AS
RR
RRE
RESIDENTIAL
SINGLE RESIDENTIAL - ONE
SINGLE RESIDENTIAL - TWO
SINGLE RESIDENTIAL - THREE
SINGLE RESIDENTIAL - FOUR
RESIDENTIAL - FIVE
RESIDENTIAL - SIX
MULTIPLE RESIDENTIAL - ONE
MULTIPLE RESIDENTIAL - TWO
MULTIPLE RESIDENTIAL - THREE
MULTIPLE RESIDENTIAL - FOUR
MULTIPLE RESIDENTIAL - FIVE
R1
R2
R3
R4
R5
R6
RM1
RM2
RM3
RM4
RM5
NEIGHBOURHOOD DEVELOPMENT
NEIGHBOURHOOD DEVELOPMENT
ND
COMMERCIAL
LOCAL COMMERCIAL
GENERAL COMMERCIAL
SERVICE COMMERCIAL
CENTRAL AREA COMMERCIAL - ONE
CENTRAL AREA COMMERCIAL - TWO
HIGHWAY COMMERCIAL
MIXED USE COMMERCIAL
NEIGHBOURHOOD SHOPPING CENTRE
COMMUNITY SHOPPING CENTRE
RURAL COMMERCIAL
LC
GC
CS
CA1
CA2
HC
MUC
SC1
SC2
RC
INDUSTRIAL
SMALL SCALE INDUSTRIAL
PREFERRED INDUSTRIAL
PRESTIGE INDUSTRIAL
GENERAL INDUSTRIAL
SPECIAL PURPOSE INDUSTRIAL
BUSINESS PARK INDUSTRIAL
EXTRACTIVE INDUSTRIAL
RURAL INDUSTRIAL
MS
MP
MT
MG
MSP
MBP
ME
MR
INSTITUTIONAL
SMALL SCALE INSTITUTIONAL
MAJOR INSTITUTIONAL
IS
I
OPEN SPACE
OPEN SPACE
INTENSIVE RECREATION
PARK
OS
IR
P
PART 3
INTERPRETATION
INTER-4
SECTION 3.6
APPENDICES
The appendices attached hereto may be cited as the zoning appendices. The
appendices contain information to assist in the administration of this By-
law. Changes to the appendices will not require an amendment to this By-
law.
SECTION 3.7
SPECIAL EXEMPTIONS
Whenever a zone symbol on the Schedule Maps is followed directly by a dash
and a number, such as "RM6-2", the lands so zoned shall be subject to, and
used in accordance with, all the provisions or requirements of this By-
law applicable to the zone represented by such symbol except as otherwise
specifically provided for by the special provisions applicable to that special
exemption as may be set out in this By-law or amendments thereto.
SECTION 3.8
HOLDING ZONES (By-law 3863-93)
Where lands are illustrated on Schedule "A" with the symbol "H", such
lands shall be deemed to be located in a Holding Zone. The symbol "H"
may be applied with a land use zoning category under any or all of the
following circumstances:
(a) Where the details of such development have not been determined.
(b)
When land assembly is required to permit orderly development or
redevelopment.
(c)
When the level of engineering and/or community services is not
adequate to support the ultimate use, but such services are to be
provided at a later date.
Until the "H" provision is removed from the lands through a By-law
amendment approved by the Corporation, the applicable uses of the lands shall
be restricted to the uses existing on the date of passage of this By-law. Upon
removal of the "H" by the Corporation, the lands may be used in accordance
with the provisions of the zone applicable to the subject lands.
PART 3
INTERPRETATION
INTER-5
SECTION 3.9
TEMPORARY USE ZONES
Where lands are illustrated on Schedule "A" with the symbol "T", such
lands shall be deemed to be located in a Temporary Use Zone. The symbol
"T" may be applied with a land use zoning category under all of the following
provisions:
(a) For a specific and appropriate short term use;
(b) The application of the provisions of the Planning Act, 1990, c.P.13;
and
(c)
Upon the expiry of the time period authorized by the Temporary Use
By-law, the use of the land, buildings and structures permitted under
the Temporary Use By-law shall cease to exist and cannot be
considered as non-conforming uses.
SECTION 3.10
FLOODPLAINS
Where lands are illustrated on Schedule "A" as being located within a
Floodplain Area, such lands shall be deemed to be located within a Floodplain
Area as determined by the Hamilton Region Conservation Authority.
Development, construction or placing of fill on such lands may be permitted
only after authorization has been received from the Conservation Authority.
SECTION 3.11
SPECIAL FIGURES (By-law 22-196)
Part 15 - Special Figures exists where figures referenced in the text of
Zoning By-law No. 3692-92 are used to more clearly identify areas and/or
properties affected by regulations required by this By-law, applicable to the
area delineated in the special figure.
GEN-1
PART 4
GENERAL PROVISIONS FOR ALL ZONES
SECTION 4.1
SCOPE AND EFFECT
No person shall within the Defined Area use any land or erect or use any
building or structure except in conformity with the provisions of this By-law
respecting the zone in which such land, building or structure is located or
respecting the zone in which it is proposed to use the land or erect the
building or structure.
In addition to regulations of the respective zones, the following general
provisions shall apply to all zones.
SECTION 4.2
REQUIREMENT FOR A LOT
Except as otherwise provided in this By-law, no building or structure shall be
erected, altered, extended, enlarged or located except upon a lot nor shall any
land be used for any permitted use unless it comprises a lot. This provision
shall not preclude the use of any parcel or tract of land for agricultural purposes
excluding the erection or enlargement of any building or structure except a
fence.
SECTION 4.3
COMPLIANCE
WITH
OTHER
BY-LAWS,
REGULATIONS,
LICENCES AND PERMITS
Nothing in this By-law shall operate to relieve any person from the obligation
to comply with any requirement or any By-law of the Corporation in force from
time to time, or the obligation to obtain any licence, permit, authority, approval
or provide land dedication required under any By-law of the Corporation or
under any regulation or By-law of any other authority.
SECTION 4.4
EXISTING USES AND LOTS
4.4.1
Continuation Of Use
Nothing in this By-law shall prevent the continued use or maintenance of any
lot, building or structure for any purpose prohibited by this By-law if such lot,
building or structure was lawfully used for such purpose on the date of the
passing of this By-law provided such lot, building or structure continues to be
used for the same purpose.
PART 4
GENERAL PROVISIONS
GEN-2
4.4.2
Restriction On Change
The purpose for which any lot 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 the effect of such
change, erection or severance is to create a situation in which any of
the requirements of this By-law in regard to each individual remaining
building, accessory building or lot is contravened.
4.4.3
Restoration To A Safe Condition
Nothing in this By-law shall prevent the strengthening or restoration to a safe
condition of any existing non-conforming building or structure, provided that
such strengthening or restoration will not increase the height, area, or volume
or result in the change of the use of such building or structure so as to
contravene the provisions of this By-law.
4.4.4
Addition To Existing Building Or Structure
Nothing in this By-law shall prevent an extension or an addition to a building
or structure which is used for a purpose specifically permitted within the
zone in which such building or structure is located and which building or
structure existed at the date of passing of this By-law but which building or
structure does not comply with one or more of the zone requirements of this
By-law provided such extension or addition does not contravene any of the
provisions of this By-law.
4.4.5
Existing Lots Of Record (By-law 4513-97)
Except as specifically provided elsewhere in this By-law, any legal existing lot
as defined in this By-law which does not conform to the minimum lot area
or minimum lot frontage requirements of the zone may be used for a use in
conformity with the zone provided all other requirements of this By-law can
be met. On lands zoned Residential "R6" Zone or Multiple Residential
"RM1" Zone, a Single-Detached Dwelling only may be erected where the lot
in question does not meet the minimum lot area and/or lot frontage
requirements of the Zoning By-law and said dwelling shall be erected in
PART 4
GENERAL PROVISIONS
GEN-3
accordance with all other applicable zoning regulations. This exemption
does not apply to lots zoned for industrial purposes with lot frontage on Barton
Street or Fruitland Road unless access is available from an alternate street and
in such instances where alternate access is available, access to Barton Street or
Fruitland Road shall not be permitted.
4.4.6
Phased Registration of Condominiums
By-law 02-209 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.
4.4.7
Reduction Of Lots
No lot shall be reduced in area, either by conveyance, mortgage, or other
alienation of any portion thereof or otherwise so that any existing building or
structure on such lot or the lot itself does not conform with any or all
requirements of this By-law for the zone in which such lot is located.
4.4.8
Conveyance To A Public Authority
Notwithstanding the foregoing provisions of this Section, no person shall be
deemed to have contravened any provisions of this By-law by reason only of
the fact that a part or parts of any lot or parcel has or have been conveyed to or
acquired by the Corporation, the Region Municipality of Hamilton-
Wentworth, the Government of Ontario, or the Government of Canada.
4.4.9
Lots On A Private Road
Nothing in this By-law shall prevent the erection, restoration or addition of a
dwelling on a lot of record having access to a public road via a private road
subject to the provisions of the zone in which the lot is located. For the purpose
of this subsection the front lot line shall be the lot line which divides the lot
from the private road and all other lot lines shall correspond thereto.
PART 4
GENERAL PROVISIONS
GEN-4
4.4.10
Regulation for Consolidated Lot Development
By-law 05-238 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.
4.4.11
Adequate Services
By-law 06-038 Except for Section 4.20 - 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 an/or his or her designate; or
(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.
PART 4
GENERAL PROVISIONS
GEN-5
SECTION 4.5
ACCESSORY BUILDINGS AND STRUCTURES
4.5.1
General Application
Accessory buildings and structures shall only be located and erected in
compliance with all applicable yard requirements and provisions of the zone in
which the lot is located except as specifically provided elsewhere in this By-law.
By-law 22-138
(a)
For the purposes of Subsection 6.1.7.2, a Secondary Dwelling Unit -
Detached shall not be considered an accessory building or structure.
4.5.2
Except During Construction
No accessory building shall be erected prior to the erection of a permitted
use or 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 such main
use or buildings. No accessory building shall be used prior to the erection of
such main use or building for any purpose other than temporary storage.
4.5.3
Telecommunication Towers
The locating of towers used for the transmission or reception of radio,
television, telephone, short-wave or cable television transmissions or signals in
any zone other than industrial zones is prohibited except in accordance with
the following provision:
(a)
The minimum distance to any lot line of any tower shall be 100 percent
of the height of the tower and not less than 15 metres from a lot line.
The use of the telecommunications towers for the reception of radio,
television, telephone, short-wave or cable television signals for private and
personal use is not prohibited.
4.5.4
Private Satellite Dishes
Satellite dishes are permitted in all zones. Notwithstanding the above,
satellite dishes within residential zones shall be regulated as follows:
(a)
Only one satellite dish may be permitted on any lot zoned for
residential purposes.
By-law 3863-93
(b)
The satellite dish may be located in the rear yard.
(c)
No part of any satellite dish shall be setback from any property line
less than 2 metres.
(d) The maximum height of a satellite dish is 4 metres.
PART 4
GENERAL PROVISIONS
GEN-6
(e)
Notwithstanding clause (b) above, satellite dishes are permitted on
the roof of an apartment building provided the minimum height of
the building is 15 metres.
By-law 4720-98 (f) Notwithstanding the provisions of paragraphs (b) and (d), satellite
dishes having a diameter of 1 metre or less may be located in any yard
and may be located on the roof or wall of any dwelling unit.
SECTION 4.6
ACCESS
4.6.1
No person shall erect any building or structure on a lot or use any lot in any
zone unless such lot has frontage on a street as defined herein except as
provided in Section 4.4.
SECTION 4.7
HEIGHT REGULATIONS
4.7.1
General Application
Except as provided elsewhere in this By-law, the following structures shall
not be included in the determination of the building height as specified for the
zone in which the building is located:
(a)
Barn, Silo or other accessory farm building
(b)
Chimney
(c)
Church Spire or Belfry
(d)
Clock Tower
(e)
Cupola
(f)
Elevator Housing
(g)
Flag Pole
(h)
Lightning Rod
(i)
Mechanical and Service Equipment Penthouse
(j)
Ornamental Dome
(k)
Power Transmission Tower
(l)
Radio or Television Antennae
(m)
Roof Stairway
(n)
Skylight
(o)
Solar Apparatus
(p)
Statue
(q)
Unitary Equipment
(r)
Water Storage Tank
(s)
Weather Monitor
PART 4
GENERAL PROVISIONS
GEN-7
SECTION 4.8
HOME OCCUPATIONS
4.8.1
Home Occupations
By-law 4200-95 In addition to the permitted uses specified within agricultural zones and
residential zones, a home occupation may be conducted in any dwelling
subject to the following regulations:
(a)
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;
(b)
The home occupation shall be conducted solely within the dwelling
unit and shall not be conducted within any attached garage, or any
accessory building;
(c)
The maximum usable floor area for the home occupation shall not
exceed 20 percent of the residential floor area of the dwelling unit.
In addition to the foregoing, the home occupation may also be
conducted within any part of the dwelling's basement or cellar;
(d)
Outside storage, outside operations or display of any kind related to
the home occupation are prohibited;
By-law 5023-99 (e) In addition to the parking requirements for the residential use, one
additional parking space shall be provided for a home occupation
involving hairdressing, barbering, personal service shops, teaching,
tutoring or instructing of any type. This regulation does not apply to
any dwelling other than a single-detached dwelling;
By-law 4200-95 (f) Hairdressing and barber shops shall be limited to one hairdressing
sink and one comb-out centre per dwelling; and
By-law 5023-99 (g) No employees, customers or clients are permitted to visit the dwelling
unit when such home occupation is carried on. However, the tutoring of
up to two students at any one time and clients for a hairdressing or barber
shop or personal service shops may be permitted.
PART 4
GENERAL PROVISIONS
GEN-8
SECTION 4.9
LOADING REGULATIONS
4.9.1
General Application
In addition to any specific requirements contained elsewhere in this By-law
every building or structure erected for apartments, industrial use,
commercial use, recreational use, public use, or institutional use shall provide
the following requirements:
(a)
Location - All loading spaces required for any use permitted by this
By-law shall be provided on the same lot upon which the use is
located and shall not be located within a front yard or a required
flankage side yard;
(b)
Adjacent to a Residential Zone - Where a loading space is located in
a yard which abuts a residential zone, such loading space shall be
screened from such residential zone in a manner and to the extent
required under the provisions of the zone in which it is located;
(c)
Dimensions - Each loading space shall not be less than 10 metres
long and 3.6 metres wide and have a vertical clearance of not less
than 4.3 metres; and
(d)
Access to Loading Spaces - Access directly to and from loading
spaces shall be provided by means of a driveway, lane or aisle having a
minimum unobstructed width as prescribed in this By-law in
Section 4.10.5 and a minimum vertical clearance of 4.3 metres, and
be designed to permit the maneuvering of vehicles on the lot so as not
to obstruct, or otherwise cause a traffic hazard on adjacent roads.
PART 4
GENERAL PROVISIONS
GEN-9
4.9.2
Schedule of Required Loading Spaces
USE
SIZE
MINIMUM
REQUIRED
SPACE
APARTMENTS
Greater than 4,000 sq.m.
1
COMMERCIAL BUILDING
1,000 sq.m.
- 1,999 sq.m.
2,000 sq.m.
- 7,999 sq.m.
8,000 sq.m.+
1
2
4
INDUSTRIAL BUILDING
2,000 sq.m.
- 4,999 sq.m.
5,000 sq.m.
- 7,499 sq.m.
7,500 sq.m.
- 13,999 sq.m.
14,000 sq.m.+
1
2
3
4
INSTITUTIONAL
BUILDING
4,500 sq.m.+
1
SECTION 4.10
PARKING REGULATIONS
4.10.1
General Application
In addition to any specific requirements provided elsewhere in this By-law,
for every building or structure or use permitted by this By-law, there shall
be provided and maintained a parking area or parking facilities in
accordance with the requirements of this section.
4.10.2
Required Parking (By-law 4470-96)
(a)
Required Parking To Be On Same Lot - Unless specifically provided
elsewhere in this By-law, all parking spaces required for any use
permitted in this By-law shall be provided on the same lot as that on
which the use is located.
(b) Cash-in-Lieu of Parking - Notwithstanding the provisions of Section
4.10.2(a), where the minimum parking requirements cannot be
satisfied on the same lot, on lands zoned "CA1" and "CA2" by this
By-law and Special Exemptions thereto, the owner or occupant may pay
cash-in-lieu of parking , in accordance with Section 40 of the Planning
Act, R.S.O., 1990, c.P.13, amended by S.O., 1996 C.4, and subject to an
agreement with the Corporation.
PART 4
GENERAL PROVISIONS
GEN-10
4.10.3
Dimensions Of Parking Spaces
By-law 5068-00 a) Required parking spaces for 900 perpendicular parking shall have
minimum rectangular dimensions of 2.75 metres by 5.8 metres exclusive
of any lands used for access, manoeuvring, driveways or a similar
purpose.
By-law 5068-00 b) For other than 900 perpendicular parking spaces and for parking
spaces within private residential garages designed to accommodate
one motor vehicle, the parking space shall not be less than 3 metres in
width or less than 6 metres in length exclusive of any land used for
access, manoeuvring, driveways or a similar purpose. A single step,
hose bibs, electrical devices and/or ductwork and closet enclosures
may project not more than .3 metres into the required length or width
of a parking space.
4.10.4
Requirement For Parking Designated For Vehicles of Physically Challenged
At least 1 percent of the required parking spaces, with a minimum of one
parking space, on any lot having more than 10 parking spaces, shall:
(a) have minimum rectangular dimensions of 4.4 metres by 5.8 metres; and
(b) be located on level ground readily accessible to an entrance to such building; and
(c)
be clearly identified and reserved for the exclusive use of physically
challenged persons.
4.10.5
Access To Parking Spaces
(a)
Direct Access - Ingress and egress directly to and from every parking
space shall be by means of a driveway, lane or aisle having a
minimum width of 6 metres; and
(b) Indirect Access - A driveway or lane which does not provide ingress
and egress directly to a parking space, shall have a minimum width of
4.5 metres where designed for one-way vehicular circulation or 6
metres where designed for two-way vehicular circulation.
4.10.6
Maintenance Of Parking Spaces
Any parking area, parking space, loading space, driveway, maneuvering
area, or aisle required to be provided or permitted according to the
provisions of this By-law for any use in any zone shall be provided and
maintained in accordance with this By-law.
4.10.7
Parking Structure As A Principal Use (By-law 3863-93)
Where a parking structure constitutes a principal use on a lot, such structure
shall conform to the zone regulations for the zone where it is located.
PART 4
GENERAL PROVISIONS
GEN-11
4.10.8
Calculation Of Required Spaces
(a)
Rounding - Where the calculation of parking space requirements in
accordance with this By-law results in a fraction of a parking space
being required for a lot, any fraction in excess of 0.5 shall be
rounded up to the next whole number.
(b)
More than One Use - Except as expressly provided elsewhere in this
By-law, where more than one type of use is located on a lot, the total
number of parking spaces required for such lot shall be the sum of
the parking space requirements for each separate use.
(c)
Where the number of parking spaces required in accordance with this
By-law is based upon the "capacity" of a use, such capacity shall be
equal to the design capacity of any building or structure pertaining to
such use, as determined by the Building Code Act, R.S.O. 1990, c.B.13.
4.10.9
Schedule Of Minimum Parking Requirements
Except as specifically provided elsewhere in this By-law the parking
standards as set out in the following Schedule shall be held to be the minimum.
USE
MINIMUM PARKING SPACES REQUIRED
APARTMENT BUILDINGS IN CENTRAL
COMMERCIAL "CA1" ZONE AND CENTRAL
COMMERCIAL "CA2" ZONE
1 PARKING SPACE FOR EACH DWELLING UNIT AND
0.25 VISITOR PARKING SPACES FOR EACH DWELLING
UNIT
BANK AND FINANCIAL INSTITUTIONS
1 PARKING SPACE FOR EACH 15 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
BILLIARD PARLOURS
1 PARKING SPACE FOR EACH TABLE
BOWLING ALLEYS
4 PARKING SPACES FOR EACH ALLEY
BOARDING HOUSE TYPE "B"
1 PARKING SPACE FOR EACH 4 BEDS
BUSINESS, PROFESSIONAL AND MEDICAL
OFFICES NOT LOCATED IN A SHOPPING CENTRE
1 PARKING SPACE FOR EACH 30 SQ.M. OR GROSS
FLOOR AREA OR PART THEREOF
BUSINESS, COMMERCIAL OR TRADE SCHOOLS
1 PARKING SPACE FOR EACH 20 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
CAR WASHES (MANUAL OR SELF SERVE)
1.2 PARKING SPACE FOR EACH CAR WASH BAY PLUS
3 CAR STORAGE SPACES PER BAY WHICH MAY BE
TANDEM PARKING SPACES
CAR WASHES (AUTOMATED)
1 PARKING SPACE PER BAY PLUS 4 CAR STORAGE
SPACES PER BAY
CHILD CARE CENTRES (By-law 25-156)
2 PARKING SPACES FOR EACH STAFF MEMBER
COMMUNITY CENTRES
1 PARKING SPACE FOR EACH 10 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
PART 4
GENERAL PROVISIONS
GEN-12
CUSTOM WORK SHOPS
1 PARKING SPACE FOR EACH 20 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
DRY CLEANING ESTABLISHMENTS
1 PARKING SPACE FOR EACH 25 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF WITH A MINIMUM
OF 3 SPACES
DWELLING UNITS IN A MIXED USE
RESIDENTIAL/COMMERCIAL BUILDING HAVING
A TOTAL HEIGHT IN EXCESS OF 3 STOREYS
1.25 PARKING SPACES, AND 0.35 VISITOR PARKING
SPACES FOR EACH BACHELOR OR ONE BEDROOM
DWELLING UNIT; 1.50 PARKING SPACES, AND 0.35
VISITOR PARKING SPACES FOR EACH TWO BEDROOM
DWELLING UNIT; 1.75 PARKING SPACES, AND 0.35
VISITOR PARKING SPACES FOR EACH DWELLING
UNIT HAVING THREE BEDROOMS OR MORE.
DWELLING UNITS IN A MIXED USE
RESIDENTIAL/COMMERCIAL BUILDING OF 3
STOREYS OR LESS
1.25 PARKING SPACES FOR EACH DWELLING UNIT
ELEMENTARY SCHOOLS
1.5 PARKING SPACES FOR EACH CLASSROOM
FOOD STORES/SUPERMARKETS NOT LOCATED IN
A SHOPPING CENTRE
1 PARKING SPACE FOR EACH 16.5 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
FUNERAL HOMES
1 PARKING SPACE FOR EACH 25 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF WITH A MINIMUM
OF 15 SPACES
GROUP HOMES, RESIDENTIAL CARE FACILITIES,
DOMICILIARY HOSTELS
1 PARKING SPACE FOR EACH 3 BEDS
HIGH SCHOOLS
4 PARKING SPACES FOR EACH CLASSROOM
HOMES FOR THE AGED
1 PARKING SPACE FOR EACH 2 DWELLING UNITS
HOSPITALS
1.25 PARKING SPACES FOR EACH PATIENT BED
HOTELS, MOTELS
1.2 PARKING SPACES FOR EACH SUITE
INDUSTRIAL BUILDINGS
1 PARKING SPACE FOR EACH 100 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
LIBRARIES, MUSEUMS, POST OFFICES
1 PARKING SPACE FOR EACH 25 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
LODGES, LABOUR UNION HALLS AND OTHER
PLACES OF ASSEMBLY, BANQUET HALLS,
1 PARKING SPACE FOR EACH 4 SQ.M. OF PUBLIC
FLOOR AREA OR PART THEREOF
MARINAS - COMMERCIAL OR PUBLIC
1 PARKING SPACE FOR EACH BOAT SLIP
MEDICAL CLINICS NOT LOCATED IN A SHOPPING
CENTRE
1 PARKING SPACE FOR EACH 16 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
MOTOR VEHICLE DEALERSHIPS
1 PARKING SPACE FOR EACH 12.5 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
MOTOR VEHICLE REPAIR GARAGES
1 PARKING SPACE FOR EACH 18.5 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF OF WHICH 50
PERCENT OF THE REQUIRED SPACES MAY BE
TANDEM PARKING SPACES
PART 4
GENERAL PROVISIONS
GEN-13
MOTOR VEHICLE SERVICE STATION
1 PARKING SPACE FOR EACH 23.3 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
NURSERY GARDEN CENTRES (By-Law 03-283)
1 PARKING SPACE FOR EACH 30 SQ.M. OF GROSS
FLOOR AREA DEVOTED TO RETAIL SALES AND
DISPLAY OF PRODUCTS AND/OR OFFICES; AND,
1 SPACE FOR EACH 100 SQ.M. OF GROSS FLOOR AREA,
OR PART THEREOF USED FOR WAREHOUSING
AND/OR WHOLESALING
NURSING HOMES
1 PARKING SPACE FOR EACH 4 BEDS
PERSONAL SERVICE SHOPS
1 PARKING SPACE FOR EACH 18.5 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
PLACES OF WORSHIP
1 PARKING SPACE FOR EACH 10 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
PLACES TO WHICH THE PUBLIC RESORT FOR
RECREATION ENTERTAINMENT, AMUSEMENT,
SPORTS OR EDUCATION
1 PARKING SPACE FOR EACH 13.3 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
PRIVATE OR COMMERCIAL CLUBS
1 PARKING SPACE FOR EACH 16.5 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
RENTAL OUTLETS
1 PARKING SPACE FOR EACH 20 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
RESTAURANTS - COVERED OUTDOOR PATIO IN
CONJUNCTION WITH A RESTAURANT (By-law 4513-97)
1 PARKING SPACE FOR EACH 4 SEATS
RESTAURANTS - OUTDOOR PATIO IN
CONJUNCTION WITH A RESTAURANT
NO ADDITIONAL PARKING IS REQUIRED
RESTAURANTS AND TAVERNS EXCEPT WHEN
LOCATED IN A SHOPPING CENTRE
1 PARKING SPACE FOR EACH 4 SEATS
RETAIL LUMBER AND BUILDING SUPPLIES
OUTLETS
1 PARKING SPACE FOR EACH 33.3 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF WITH A MINIMUM
OF 15 PARKING SPACES
RETAIL STORES NOT LOCATED IN A SHOPPING
CENTRE OR OTHERWISE SPECIFIED WITHIN THIS
BY-LAW (By-law 3863-93)
1 PARKING SPACE FOR EACH 28 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
SECONDARY DWELLING UNIT
SECONDARY DWELLING UNIT - DETACHED
1 SPACE PER UNIT
SHOPPING CENTRES
1 PARKING SPACE FOR EACH 20.5 SQ.M. OF GROSS
FLOOR AREA OR PART THEREOF
SHOWROOMS
1 PARKING
SPACE
FOR
EACH
30
SQ.M.
OF
SHOWROOM FLOOR SPACE OR PART THEREOF
SINGLE DETACHED, DUPLEX, AND
SEMI-DETACHED DWELLING UNITS
2 PARKING SPACES FOR EACH DWELLING, TANDEM
PARKING IS PERMITTED
THEATRES
1 PARKING SPACE FOR EACH 6 SEATS
TOWNHOUSE, MAISONETTE (By-law 4770-98)
2 PARKING SPACES FOR EACH DWELLING UNIT
4.10.10
Parking Requirements for Cellars (By-law 5068-00)
Notwithstanding the definition of "floor area gross", should any part of a cellar or
sub-cellar be utilized as gross leasable floor area, said area shall be subject to the
PART 4
GENERAL PROVISIONS
GEN-14
provisions of Subsection 4.10.9 "Schedule of Minimum Parking Requirements.
PART 4
GENERAL PROVISIONS
GEN-15
4.10.11
Parking Exemption for Downtown (By-law 15-073)
Notwithstanding Subsection 4.10.9 above, for any permitted commercial use(s)
within the Central Area Commercial "CA1" and "CA2" Zones, except a
medical clinic, 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 Section 4.10.9 above, shall
only apply to the commercial use or uses contained within the increased gross
floor area.
SECTION 4.11 SIGN AND FENCE REGULATIONS
4.11.1
Signs (By-law 4526-97) (By-law 15-073)
Notwithstanding any other provision of this By-law, signs shall solely be permitted
in accordance with the provisions of the City of Hamilton Sign By-law No. 10-197.
4.11.2
Fences
Fences shall be permitted in accordance with the provisions of the City of
Stoney Creek Fence By-law and the City of Stoney Creek Swimming Pool
Fence By-law.
SECTION 4.12 STORAGE
4.12.1
General Application
Outside storage, including the outdoor display or sale of goods, materials or
motor vehicles except as permitted elsewhere in this By-law is prohibited.
4.12.2
Location
In no case shall outside storage be located on lands specifically provided as
landscaped open space, required parking or loading spaces.
SECTION 4.13 SPECIAL SETBACKS
4.13.1
Daylight Triangles
Any lot located at the intersection of two or more roads or railway
rights-of-way will require a minimum yard of 3 metres from the hypotenuse of
the daylight triangle.
4.13.2
Setback From Top Of Bank Of Lake Ontario Shoreline
PART 4
GENERAL PROVISIONS
GEN-16
OMB Order
(a)
Notwithstanding any other yard provisions of this By-law, a
September 25, 1996
minimum yard of 7.5 metres for all single detached dwellings, semi-
detached dwellings or duplexes, from the top of the bank of the Lake
Ontario shoreline shall be provided where lakeshore protection works
have been installed in accordance with the requirements of the Province
of Ontario. In no case shall shoreline protection works be constructed
to an elevation of less than 78 metres Geodetic Survey of Canada unless
otherwise agreed to by the Ministry of Natural Resources of the
Province of Ontario, the Hamilton Region Conservation Authority and
the City of Stoney Creek. A minimum yard of 30 metres shall be
established for all other uses.
(b)
In circumstances where shoreline protection works are not installed,
the minimum yard shall be as above or as determined in consultation
with the appropriate authority, but in no case less than 100 times the
average annual erosion rate for the area.
(c)
Notwithstanding clause (a) or (b) above, any accessory buildings and
structures shall be located in accordance with Section 6.1.4.,
Accessory Buildings in Residential Zones.
4.13.3
Setback From A Railway Right-of-Way
Notwithstanding any other yard provision of this By-law, a minimum yard
for any non-industrial building shall be 30 metres in conjunction with a berm
from a railway right-of-way. In the absence of a berm, the minimum yard
shall be 120 metres. Buildings existing at the date of the passing of this
By-law are exempt from this regulation.
SECTION 4.14 SWIMMING POOLS AND HOT TUBS
4.14.1
Permitted Locations
No swimming pool or hot tub shall be placed or located anywhere within the
Defined Area except in accordance with the following provisions:
(a)
An outdoor swimming pool or hot tub may be located in any yard
except the front yard; and
(b)
An outdoor swimming pool accessory to a permitted hotel,
PART 4
GENERAL PROVISIONS
GEN-17
institutional use or commercial recreation centre, or as part of an
outdoor recreation area or public park, may be located in a side or
rear yard but not in the required side or rear yard and not in a front yard.
4.14.2
Yard Requirements
Above ground pool - 1.25 metres from the outside edge of the pool wall or
deck to a lot line
Inground pool - 1.25 metres from the water's edge to a lot line
4.14.3
Fencing Requirement
Outdoor swimming pools shall be enclosed with fencing in accordance with
the provisions of the City of Stoney Creek Swimming Pool Fence By-law.
SECTION 4.15 TEMPORARY USES
4.15.1
Construction - Related Uses
Nothing in this By-law shall prevent the use of any land or the erection or use of
any building or structure within the Defined Area for a construction camp, work
camp, tool shed, scaffold, or other use, building or structure incidental to and
necessary for construction work on the premises, but only for so long as may be
reasonably necessary to complete such construction work.
4.15.2
Other Temporary Uses
Nothing in this By-law shall prevent the use of land within the Defined Area
for the following uses:
(a) Real estate pavilion located on or abutting the lands which are for sale;
By-law 4335-96
(b) Deleted by By-law No. 03-163 (Model Homes)
(c) The sale of Christmas trees on commercially-zoned land subject to the
regulations of the zone;
(d) The locating of a trailer for election campaign purposes on commercially-
zoned land from the day the election is called until two weeks following
the election. All regulations of the zone must be satisfied;
By-law 3863-93
(e) The selling of fireworks in accordance with the provisions of the City of
Stoney Creek By-law to Regulate the Use and Selling of Fireworks; and
(f) Special purpose carnivals may be located on lands zoned Neighbourhood
Shopping Centre "SC1" Zone and Community Shopping Centre "SC2"
PART 4
GENERAL PROVISIONS
GEN-18
Zone for a maximum of 10 days, subject to compliance with the regulations
of the applicable zone.
4.15.3
Signage (By-law 4526-97)
Notwithstanding any other provision of this By-law, a sign related to any of
the uses permitted in Sections 4.15.1 and 4.15.2 shall solely be permitted in
accordance with the provisions of the provisions of the City of Stoney Creek
Sign By-law.
4.16
MECHANICAL AND UNITARY EQUIPMENT (By-law 15-073)
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.
SECTION 4.17 USES PERMITTED IN ALL ZONES
4.17.1
Public Uses
Nothing in this By-law shall prevent the use of any land within the Defined
Area for the use of the following:
By-law 4032-94
(a)
Fire Hall and uses accessory thereto erected in accordance with the
regulations of Section 10.2, Small Scale Institutional "IS" Zone.
(b)
Foster Home, in any zone which permits a dwelling unit;
(c)
Highway;
(d) Hydro Electric Power Facilities authorized by the Power Corporation
Act, R.S.O. 1990, c.P.18.;
(e)
Public Park;
(f)
Public Lighting Fixture, Public Memorial or Ornamental Structure;
PART 4
GENERAL PROVISIONS
GEN-19
(g)
Public Railway;
(h) Public Street;
(i) Sewage Pumping Stations;
(j)
Traffic Sign, Signal or any sign or notice of any local or other
government department or authority, or any sign erected in accordance
with the provisions of the City of Stoney Creek Sign By-law;
(k) Utilities including the erection of buildings or structures or the
installation of other facilities essential to the operation of public utilities
as defined in the Public Utilities Corporation's Act, R.S.O. 1990, c.P.52;
(l)
Tourist Information Centres provided that any such use, building or
structure shall be in substantial compliance with the relevant
provisions of this By-law and shall not adversely affect the character
or amenity of the neighbourhood in which same is located;
(m) Wayside Pits; or
(n)
Private Home Day Care in any zone which permits a single detached
dwelling unit.
SECTION 4.18 USES PROHIBITED IN ALL ZONES
4.18.1
General Prohibition
All uses of land and the erection or use of any building or structure for a purpose
not included within the provisions of the "Permitted Uses" section of each zone
established in this By-law are prohibited in said zone, save and except for those
uses of land and the erection or use of any building for a purpose permitted in
accordance with any of the applicable provisions of this By-law.
4.18.2
More Than One Dwelling
Except as specifically provided elsewhere in this By-law, no person shall erect,
alter, locate or use for residential purposes any building upon any lot whereon
there then exists, or is in the course of construction, or for which a building
permit has been issued by the Corporation, a building erected or used or
intended to be used for residential purposes.
4.18.3
Vehicles
No truck, bus, coach, streetcar body or vehicle, air or watercraft of any kind
PART 4
GENERAL PROVISIONS
GEN-20
shall be used as a dwelling unit, except for recreational purposes, within the
defined area, whether or not the same is mounted on wheels. In addition, the
abandonment on any land of the following is strictly prohibited: a railroad
car, streetcar body, truck body, bus, truck, coach, trailer, farm tractor or farm
implement.
4.18.4
Pits and Quarries
The making or establishment of pits and quarries, except wayside pits, is
prohibited within the Defined Area except in an Extractive Industrial "ME"
Zone.
4.18.5
Obnoxious Uses
By-law 5068-00 Notwithstanding any other provision in this By-law, uses which are
obnoxious or offensive by reason of emission of odour, smoke, dust, noise, gas,
fumes, cinders, vibration, refuse matter or water carried waste are expressly
prohibited.
4.18.6
Agricultural Uses
Notwithstanding any other provision in this By-law, the following uses are
expressly prohibited throughout the Defined Area:
(a)
Boiling of blood, bone, soap, tripe or similar products;
(b)
Commercial Composting;
(c) Commercial Stockyard;
(d)
Tannery or related storage unless accessory to a farm operation on the
same lot;
(e) New Abattoirs unless accessory to a farm operation on the same lot;
(f)
Commercial Manufacturing of Fertilizers from dead animals or human
waste; and
(g) Tallow Melting unless accessory to a farm operation on the same lot.
4.18.7
Manufacturing Uses
Notwithstanding any other provision in this By-law, the following uses and
uses similar in nature are expressly prohibited in the Defined Area.
PART 4
GENERAL PROVISIONS
GEN-21
(a)
Cement manufacturing or concrete batching, or clay brick
manufacturing;
(b)
Extracting, refining, or smelting related to primary industries
including pulp and paper, sugar, asbestos, metals, oil, coal oil and
petroleum products, glue and fertilizers; and
(c)
The refining and bulk storage of combustible, flammable, volatile,
explosive or otherwise dangerous solids, liquids or gases.
4.18.8
Other Restricted Uses
Notwithstanding any other provision in this By-law, the following uses are
expressly prohibited throughout the defined area:
(a)
In addition to the prohibited uses specified in other sections of this
By-law, any use is prohibited within the Defined Area which from its
nature or the materials used therein is defined under the Health
Protection and Promotion Act, R.S.O. 1990, c.H.7 or regulations
thereunder to be a noxious trade, business or manufacture;
(b)
A track for the racing or operating of motor vehicles;
(c)
A motor vehicle wrecking yard and a salvage yard; and
(d)
A trailer camp or the use of any trailer for human habitation, except as
permitted in Section 4.15.1, Section 5.1.3 and Section 11.2; and
4.18.9
By-law 4387-96
Adult Entertainment Parlours are prohibited unless specifically permitted in
the "Permitted Uses" subsection of any zone established by this By-law.
PART 4
GENERAL PROVISIONS
GEN-22
(a)
(b)
(c)
Sills, belt courses, cornices, chimney breasts, bay windows, decorative
brick facing or pilasters, which may project into any required yard a
distance of not more than 0.5 metres;
Eaves or gutters, for other than an accessory building, which may
project into any required yard a distance of not more than 0.5 metres;
Eaves or gutters for accessory buildings which may project into any
required yard a distance of 0.25 metres;
By-law 5068-00
(d)
Balconies, canopies, unenclosed porches and decks, including a cold
cellar underneath same, may project into any required front yard 1.5
metres. Balconies, canopies, unenclosed porches and decks may
project into any required rear yard not more than 4 metres. Balconies
and decks may project into a privacy area of a townhouse
development not more than 4.5 metres. Notwithstanding the
foregoing, any deck or patio which is less than .3 metres in height may
be located in any required yard.
(e)
Fire escapes which may project into any required side or rear yard a
distance of not more than 1.5 metres;
(f)
Accessory buildings erected in accordance with the provisions of this
By-law;
(g)
Signs erected in accordance with the provisions of the City of Stoney
Creek Sign By-law;
(h)
Light standards, fuel pump islands and fuel pumps of motor vehicle
service stations, erected in accordance with the provisions of this
By-law; and
(i)
Brick archways attached to a dwelling.
SECTION 4.19 YARD ENCROACHMENTS
4.19.1
General Application
Every part of any required yard shall be open and unobstructed by any
structure from the ground to the sky, except for:
PART 4
GENERAL PROVISIONS
GEN-23
SECTION 4.20 MODEL HOMES IN DRAFT PLANS OF SUBDIVISION (By-law 15-292)
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)
Each 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.
SECTION 4.21 HOME CHILD CARE (By-law 25-156)
(a) 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.
(b) A home child care use shall not be considered a home occupation or home
profession use.
(c) All the regulations of this By-law applicable to the principal dwelling
shall continue to apply.
PART 5
RURAL ZONES
RUR-1
SECTION 5.1
GENERAL PROVISIONS FOR RURAL ZONES
5.1.1
Scope
In any Rural Zone, no person shall use any land or erect, alter or use any
building or structure except in accordance with the following provisions which,
in addition to other requirements of this By-law, shall apply to all Rural Zones.
5.1.2
Rural Zones
For the purpose of this By-law, the following Rural Zones are established
within the Defined Area and such zones may be referred to by the following
symbols:
Zone
Symbol
Agricultural Zone
A
Agricultural Specialty Zone
AS
Rural Residential Zone
RR
Rural Residential Estate Zone
RRE
5.1.3
Accessory Dwelling Units
In addition to the provisions of Sections 5.2.2 and 5.3.2, one accessory
dwelling unit may be permitted in an Agricultural "A" Zone or Agricultural
Specialty "AS" Zone, in accordance with yard regulations pertaining to the
principal dwelling, provided such dwelling unit is inhabited by a full-time
employee of the farm whose primary working activity is dedicated to that farm
and the nature of this farm requires that help be located on the subject property.
PART 5
RURAL ZONES
RUR-2
5.1.4
Accessory Buildings In An Agricultural "A" Zone And Agricultural
Special "AS" Zone
(a)
An accessory building or structures, unless otherwise stated, shall
comply with all yard regulations of the principal building in the zone in
which they are located except that an accessory building less than 3
metres in height shall be located not less than 0.5 metres from any side
or rear lot line. However, any accessory building greater than 15
square metres shall comply with the zone regulations which apply to
the principal building.
(b)
on a corner lot, any accessory building must comply with the side yard
requirement of the principal building or the flankage yard requirement
where provided adjacent to the flankage lot line.
5.1.5
Parking Restrictions
No land, building or structure in any Rural Residential "RR" Zone or Rural
Residential Estate "RRE" Zone shall be used for the locating, parking or
storage of any commercial motor vehicle.
5.1.6
Agricultural Code of Practice (By-law 07-112)
That all development within the City of Hamilton be subject to the Minimum
Distance Separation (MDS) formulae as established by the Ministry of
Agriculture, Food and Rural Affairs, as amended from time to time.
5.1.7
Produce Stands (OMB Order - Feb.20/96)
In addition to the provisions of Section 5.2.2, 5.3.2 and 5.4.2 a retail produce
stand accessory to an agricultural use and designed and used for the seasonal
sale of locally-produced agricultural products may be permitted in any yard.
5.1.8
Lot Created by Consent (By-law 4232-95)
Notwithstanding the provisions of Section 4.4.5 "Existing Lots of Record", lots
created by Consent after April 25, 1995 shall comply with the applicable Zone
Regulations of this By-law.
PART 5
RURAL ZONES
RUR-3
SECTION 5.2
AGRICULTURAL "A" ZONE
5.2.1
Scope
No person shall within any Agricultural "A" Zone, use any land or erect,
alter or use any building or structure, except in accordance with the
following provisions:
5.2.2
Permitted Uses For Each Lot
(a)
Agricultural Uses
(b)
A Single Detached Dwelling
(c)
Boarding Kennel
(d)
Uses, buildings or structures accessory to a permitted use
(e)
A Home Occupation
5.2.3
Regulations For Uses Permitted In Section 5.2.2(a) - By-law 4232-95
(a)
Minimum Lot Area
-
18 hectares
(b)
Minimum Lot Frontage
-
150 metres
(c)
Maximum Lot Coverage
-
20 percent
(d)
Minimum Front Yard
-
10 metres
(e)
Minimum Side Yard
-
3 metres, except 4.5 metres for
a flankage yard
(f)
Minimum Rear Yard
-
15 metres
5.2.4
Regulations For Single Detached Dwellings Permitted Under Section
5.2.2(b) - By-law 4232-95
(a)
Minimum Lot Frontage
-
30 metres
(b)
Minimum Lot Area
-
4,050 square metres
(c)
Maximum Lot Coverage
-
40 percent
(d)
Minimum Front Yard
-
7.5 metres
(e)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.25 metres except as provided in clauses 1, 2 and 3 below:
1. An attached garage or attached carport may be erected at a
distance of not less than 1 metre from a side lot line which does
PART 5
RURAL ZONES
RUR-4
not abut a flankage street;
2. On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
3. On a corner lot, the minimum side yard abutting the flankage lot
line shall be 3 metres, except that an attached garage or attached
carport which fronts on the flankage lot line shall not be located
within 5.5 metres of the flankage lot line.
(f)
Minimum Rear Yard
-
7.5 metres
By-law 5068-00
(g)
Maximum Building Height
-
11 metres
(h)
Minimum Parking Requirements -
2 spaces, one of which may be
located in the required front yard.
5.2.5
Regulations For Home Occupations
Home occupations are permitted in accordance with Section 4.8
5.2.6
Regulations For Boarding Kennels
Notwithstanding the provisions of paragraphs (a), (b), (d), (e) and (f) of
Section 5.2.3 of this By-law, the following regulations shall apply:
(a)
Minimum Lot Frontage
-
150 metres
(b) Minimum Lot Area
-
2 hectares
(c)
Minimum Front Yard - No buildings or structures shall be located within
60 metres of the front lot line, except a single detached dwelling
which shall be located in accordance with Section 5.4.3(d) of this By-law.
(d)
Minimum Side Yard - No buildings or structures shall be located within
60 metres of the side lot line, except a single detached dwelling which
shall be located in accordance with Section 5.4.3(e) of this By-law.
(e)
Minimum Rear Yard - No buildings or structures shall be located
within 60 metres of the rear lot line, except a single detached dwelling
which shall be located in accordance with Section 5.4.3(f) of this
By-law; and no animal shall be kept in an open area closer than 6
metres to any lot line.
PART 5
RURAL ZONES
RUR-5
(f)
Accessory Buildings accessory to Boarding Kennels shall be located in
accordance with this Section of this By-law.
5.2.7
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 5.1.4.
5.2.8
Special Exemptions
A - 1 Lands at the Northwest Corner of Regional Road 20 and Fifth
Road East, Schedule "A", Map No. 18
In addition to the uses permitted in Section 5.2.2 of the Agricultural "A" Zone,
those lands zoned "A-1" by this By-law may also be used for trap-
shooting in association with The Hamilton Gun Club.
By-law 3704-93
A - 2
288 Eighth Road East, Schedule "A", Map No. 19
Notwithstanding the provisions of paragraph (a) of Section 5.2.3, of the
Agricultural "A" Zone, on those lands zoned "A-2" by this By-law, the
minimum lot area shall be 5.1 hectares.
By-law 3759-93
A - 3
299 Second Road East, Schedule "A", Map No. 17
Notwithstanding the provisions of paragraph (a) of Section 5.2.3, of the
Agricultural "A" Zone, on those lands zoned "A-3" by this By-law, the
minimum lot area shall be 13 hectares.
By-law 4031-94
A - 4
305 Green Mountain Road, Schedule "A", Map No. 12
Notwithstanding the provisions of paragraphs (a) and (b) of Section 5.2.3 of
the Agricultural "A" Zone on those lands zoned "A-4" by this By-law, the
minimum lot area shall be 1 hectare and the minimum lot frontage shall be
29.5 metres.
By-law 4137-94
A - 5
118 Eighth Road East, Schedule "A", Map No. 19
Notwithstanding the provisions of paragraph (a) of Section 5.2.3 of the
Agricultural "A" Zone on those lands zoned "A-5" by this By-law, the
minimum lot area shall be 3.5 hectares.
By-law 5161-00
A - 6
488 Green Mountain Road East, Schedule "A", Map No. 18
Notwithstanding the provisions of paragraphs (a), (b), (d) and (e)(3) of Section
5.2.4 of the Agricultural "A" Zone on those lands zoned "A-6" by this By-
PART 5
RURAL ZONES
RUR-6
law, the minimum lot frontage shall be 185 metres; the minimum lot area shall
be 5.3 hectares; the minimum front yard shall be 239 metres; and the minimum
flankage yard shall be 50 metres.
By-law 06-061
A - 7(H) 341 Regional Road 20, Schedule "A", Map No. 17
Notwithstanding the provisions of Section 5.2.2 of the Agricultural "A"
Zone, on those lands zoned "A-7(H)" by this By-law, a Nursery Garden Centre,
and Home Industry, including Accessory Outdoor Storage shall also be
permitted.
For the purpose of this By-law, "Home Industry" means a small scale
commercial and/or industrial use secondary to an agricultural operation
which is owned and operated by one (1) or more of the residents of the dwelling
unit on the subject lot and shall be wholly enclosed within either a single
detached dwelling unit, an attached garage or an accessory building. Such
home industries may include a carpentry shop, a metal working shop, a welding
shop, an electrical shop or blacksmith's shop, a farm equipment service
establishment, but shall exclude motor vehicle repair shops and motor
vehicle body shops.
Notwithstanding the provisions of Section 5.2.3 of the Agricultural "A"
Zone, on those lands zoned "A-7(H)" by this By-law, a minimum 9.0 metre
wide landscape strip shall be provided and maintained along the westerly lot
line, and a minimum 6.0 metre wide landscape strip shall be provided and
maintained along the southerly lot line except for points of ingress and
egress; a minimum flankage side yard of 45 metres shall be required; and
Accessory Outdoor Storage will not be permitted in the flankage side yard or
the front yard.
By-law 12-215
The 'H' symbol may be removed by Council upon the approval of a site plan
application to the satisfaction of the Manager, Development Planning.
By-law 06-061
A - 8(H) 341 Regional Road 20, Schedule "A", Map No. 17
Notwithstanding the provisions of Section 5.2.2 of the Agricultural "A"
PART 5
RURAL ZONES
RUR-7
Zone, on those lands zoned "A-8(H)" by this By-law, a Home Industry,
including Accessory Outdoor Storage shall also permitted.
For the purpose of this By-law, "Home Industry" means a small scale
commercial and/or industrial use secondary to an agricultural operation
which is owned and operated by one (1) or more of the residents of the dwelling
unit on the subject lot and shall be wholly enclosed within either a single
detached dwelling unit, an attached garage or an accessory building. Such
home industries may include a carpentry shop, a metal working shop, a welding
shop, an electrical shop or blacksmith's shop, a farm equipment service
establishment, but shall exclude motor vehicle repair shops and motor
vehicle body shops.
Notwithstanding the provisions of Section 5.2.3 of the Agricultural "A"
Zone, on those lands zoned "A-8(H)" by this By-law, a minimum 6.0 metre
wide landscape strip shall be provided and maintained along the easterly
zone boundary and southerly lot line except for points of ingress and egress;
and Accessory Outdoor Storage will not be permitted in the front yard.
By-law 12-215
The 'H' symbol may be removed by Council upon the approval of a site plan
application to the satisfaction of the Manager, Development Planning.
PART 5
RURAL ZONES
RUR-8
SECTION 5.3
AGRICULTURAL SPECIALTY "AS" ZONE
5.3.1
Scope
No person shall within any Agricultural Specialty "AS" Zone, use any land
or erect, alter or use any building or structure, except in accordance with the
following provisions:
5.3.2
Permitted Uses for Each Lot
(a)
Agricultural Uses
(b)
A Single Detached Dwelling
(c)
Uses, buildings or structures accessory to a permitted use
(d)
A Home Occupation
5.3.3
Regulations For Uses Permitted In Section 5.3.2(a) - By-law 4232-95
(a)
Minimum Lot Area
-
10 hectares
(b)
Minimum Lot Frontage
-
150 metres
(c)
Maximum Lot Coverage
-
20 percent
(d)
Minimum Front Yard
-
10 metres
(e)
Minimum Side Yard
-
3 metres, except 4.5 metres for
a flankage yard
(f)
Minimum Rear Yard
-
10 metres
(g)
Minimum Parking Requirements
-
No minimum
5.3.4
Regulations For Single Detached Dwellings Permitted Under Section
5.3.2(b) - By-law 4232-95
(a)
Minimum Lot Frontage
i)
If serviced by sanitary
sewers and municipal water
-
15 metres
ii) All other lots
-
30 metres
(b)
Minimum Lot Area
i)
If serviced by sanitary
sewers and municipal water
-
464.5 square metres
ii) All other lots
-
4,050 square metres
(c)
Maximum Lot Coverage
-
40 percent
(d)
Minimum Front Yard
-
7.5 metres
PART 5
RURAL ZONES
RUR-9
(e)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.25 metres except as provided in clauses 1, 2 and 3 below:
1. An attached garage or attached carport may be erected at a
distance of not less than 1 metre from a side lot line which does
not abut a flankage street;
2. On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
3. On a corner lot, the minimum side yard abutting the flankage lot
line shall be 3 metres, except that an attached garage or attached
carport which fronts on the flankage lot line shall not be located
within 5.5 metres of the flankage lot line.
(f)
Minimum Rear Yard
-
7.5 metres
By-law 5068-00
(g)
Maximum Building Height
-
11 metres
(h)
Minimum Parking Requirements -
2 spaces, one of which may be
located in the required front yard.
5.3.5
Regulations For Home Occupations
Home occupations are permitted in accordance with Section 4.8.
5.3.6
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 5.1.4.
5.3.7
Special Exemptions
AS - 1 223 Jones Road, Schedule "A", Map No. 7
In addition to the uses permitted in Section 5.3.2 of the Agricultural
Specialty "AS" Zone, on those lands zoned "AS-1" by this By-law, one
additional single detached dwelling may be erected provided that the
dwelling unit is used for a full time employee of the farm owner, or lessee,
which employee performs his duties on said farm which for the purpose of
this exemption includes a greenhouse farming operation.
PART 5
RURAL ZONES
RUR-10
In addition to the provisions of Section 5.3.2 and Section 5.3.3 of the
Agricultural Specialty "AS" Zone, on those lands zoned "AS-1" by this
By-law, the retailing of agricultural products produced on site may be permitted
provided that the maximum floor area devoted to such retail use does not
exceed 12 square metres. No outside display, sale or advertising of goods shall
be permitted.
AS - 2(T) 1130 Highway No. 8, Schedule "A", Map No. 8
In addition to the uses permitted in Section 5.3.2 of the Agricultural
Specialty "AS" Zone, on those lands zoned "AS-2(T)" by this By-law, one
single detached dwelling, together with buildings, uses and structures accessory
thereto, in addition to the existing single detached dwelling, may be erected.
This exemption shall apply until September 24, 1994
By-law 3755-93
AS - 3
238 Jones Road, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraphs (a) and (b), of Section 5.3.3, of
the Agricultural Specialty "AS" Zone, on those lands zoned "AS-3" by this By-
law, the minimum lot area shall be 5.9 hectares and the minimum lot frontage
shall be 130 metres.
By-law 3828-93
AS - 4
Part of Lot 13, Concession 2, Jones Road, Schedule "A",
Map No. 7
Notwithstanding the provisions of Section 5.3.2 and paragraphs (a) and (b),
of Section 5.3.3, of the Agricultural Specialty "AS" Zone, on those lands zoned
"AS-4" by this By-law, the permitted uses shall be limited to agricultural uses
only but expressly excluding the erection of a single detached dwelling.
The minimum lot area shall be 3.3 hectares and the minimum lot frontage shall
be 37 metres.
By-law 3836-93
AS - 5
Part of Lot 13, Concession 2, Jones Road, Schedule "A",
Map No. 7
Notwithstanding the provisions of paragraph (a) of Section 5.3.3, of the
Agricultural Specialty "AS" Zone, on those lands zoned "AS-5" Zone, by
this By-law, the minimum lot area shall be 8 hectares.
PART 5
RURAL ZONES
RUR-11
By-law 3843-93
AS - 6
Part of Lot 11, Concession 2, 868 Highway No. 8. - Schedule
"A", Map No. 7
Notwithstanding the provisions of paragraphs (a) and (b) of Section 5.3.3 of
the Agricultural Specialty "AS" Zone, on those lands zoned "AS-6" by this By-
law, the minimum lot area shall be 3.5 hectares and the minimum lot frontage
shall be 10 metres.
By-law 4113-94
AS - 7
1207 Highway No. 8, Schedule "A", Map No. 8
Notwithstanding the provisions of paragraph (a) of Section 5.3.3 of the
Agricultural Specialty "AS" Zone, on those lands zoned "AS-7" and "R1-3"
by this By-law, the minimum lot area shall be .46 hectares.
By-law 4111-94
AS - 8
220 McNeilly Road, Schedule "A", Map No. 8
Notwithstanding the provisions of paragraphs (a), (b) and (f) of the
Agricultural Specialty "AS" Zone, on those lands zoned "AS-8" by this By-
law, the minimum lot area shall be 1.5 hectares, the minimum lot frontage shall
be 85 metres and the minimum rear yard shall be 2.5 metres.
By-law 4146-95
AS - 9
228 McNeilly Road, Schedule "A", Map No. 8
Notwithstanding the provisions of paragraphs (a) and (b) of Section 5.3.3 of
the Agricultural Specialty "AS" Zone, on those lands zoned "AS-9" by this By-
law, the minimum lot area shall be 1 hectare and the minimum lot frontage
shall be 30 metres.
By-law 4947-99
AS - 10(T)
1091 Highway No. 8, Schedule "A", Map No. 8
In addition to the uses permitted in Subsection 5.3.2 of the Agricultural
Specialty "AS" Zone, on those lands zoned "AS-10(T)" by this By-law, a pitch
and putt golf course and buildings and structures accessory thereto may be
permitted as a temporary use pursuant to Section 3.9 of this By-law. This
Temporary Use may be permitted until March 1, 2002.
By-law 5215-00
AS - 11
Bridgman Lane, Schedule "A", Map No. 9
In addition to the definition of "Lot" in Part 2, Definitions, a lot created on a
private road is considered to be a lot.
PART 5
RURAL ZONES
RUR-12
By-law 5242-00
AS - 12
North side of Highway No. 8 and East of Glover Road,
Part of Lot 10, Concession 2, Schedule "A", Map No. 8
In addition to the uses permitted in subsection 5.3.2 of Section 5.3, Agricultural
"AS" Zone, those lands zoned "AS-12" by this by-law may also be used for a
convenience restaurant and accessory uses, buildings and structures thereto.
PART 5
RURAL ZONES
RUR-13
SECTION 5.4
RURAL RESIDENTIAL "RR" ZONE
5.4.1
Scope
No person shall within any Rural Residential "RR" Zone, use any land or erect,
alter or use any building or structure, except in accordance with the following
provisions.
5.4.2
Permitted Uses For Each Lot
(a) A Single Detached Dwelling
(b) Uses, buildings or structures accessory to a permitted use
(c) A Home Occupation
5.4.3
Zone Regulations
By-law 5068-00
(a)
Minimum Lot Area
1. If serviced by sanitary
sewers and municipal water
2. All other Lots
-
464.5 square metres
-
4,050 square metres
By-law 5068-00
(b)
Minimum Lot Frontage
1. If serviced by sanitary
sewers and municipal water
2. All other Lots
-
15 metres
-
30 metres
By-law 4129-94
(c)
Maximum Lot Coverage
-
40 percent
(d)
Minimum Front Yard
-
10 metres
By-law 4129-94
(e)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.25 metres except as provided in clauses 1, 2 and 3 below:
1. An attached garage or attached carport may be erected at a distance
of not less than 1 metre from a side lot line which does not abut a
flankage street;
2. On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres;
and
3. On a corner lot, the minimum side yard abutting the flankage lot
line shall be 3 metres, except that an attached garage or attached
carport which fronts on the flankage lot line shall not be located
within 5.5 metres of the flankage lot line.
(f)
Minimum Rear Yard
-
7.5 metres
By-law 5068-00
(g)
Maximum Building Height
-
11 metres
PART 5
RURAL ZONES
RUR-14
(h)
Storage - Open storage areas are not permitted
PART 5
RURAL ZONES
RUR-15
(i)
Minimum Parking Requirements - 2 spaces, one of which may be
located in the required front yard
5.4.4
Regulations For Existing Lots
Notwithstanding paragraph (d) of Section 5.4.3, the following special provision
shall apply in the Rural Residential "RR" Zone on all lots created prior to the
passing of this By-law:
(a) Minimum Front Yard - 7.5 metres
5.4.5
Regulations For Home Occupations
Home occupations are permitted in accordance with Section 4.8.
5.4.6
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 6.1.4.
5.4.7
Special Exemptions
RR - 1 929, 931, 933 Highway No. 8, Schedule "A", Map No. 8
In addition to the uses permitted in Section 5.4.2 of the Rural Residential "RR"
Zone, those lands zoned "RR-1" by this By-law may be used for three existing
dwelling units and buildings accessory thereto and for the teaching of voice
and music within the main residence and the sale and display of musical
instruments within the main residence as an accessory use thereto subject to the
regulations of Section 4.8.
RR - 2 265 Lewis Road, Schedule "A", Map No. 8
In addition to the uses permitted in Section 5.4.2 of the Rural Residential
"RR" Zone, those lands zoned "RR-2" by this By-law, one room of the main
residence may be used for the purpose of the display and sale of antiques and
local handicrafts; provided;
No advertising signs be displayed other than a family name sign, no auction
sales connected with the business be held on the premises, and no goods held
for sale or display be displayed or stored outside of the building.
PART 5
RURAL ZONES
RUR-16
RR - 3 1096 Highway No. 8, Schedule "A", Map No. 8
Notwithstanding the provisions of paragraphs (a) and (b) of Section 5.4.3 of the
Rural Residential "RR" Zone, on those lands zoned "RR-3" by this By-
law, the minimum lot area shall be 1,800 square metres and the minimum lot
frontage shall be 25.6 metres.
RR - 4 203 Jones Road, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraphs (a) and (b) of Section 5.4.3 of the
Rural Residential "RR" Zone, on those lands zoned "RR-4" by this By-
law, the minimum lot area shall be 920 square metres and the minimum lot
frontage shall be 18 metres.
By-law 3759-93
RR - 5
295 Second Road East, Schedule "A", Map No. 17
Notwithstanding the provisions of paragraph (b) of Section 5.4.3, of the Rural
Residential "RR" Zone, on those lands zoned "RR-5" by this By-law, the
minimum lot frontage shall be 60 metres.
By-law 3755-93
RR - 6
252 Jones Road, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraphs (a) and (b) of Section 5.4.3, of
the Rural Residential "RR" Zone, on those lands zoned "RR-6" by this
By-law, the minimum lot area shall be 920 square metres and the minimum
lot frontage shall be 15 metres.
By-law 3773-93
RR - 7
235 Green Mountain Road, Schedule "A", Map No. 12
Notwithstanding the provisions of paragraphs (b) and (f) of Section 5.4.3 of the Rural
Residential "RR" Zone, on those lands zoned "RR-7" by this By-law, the minimum
lot frontage shall be 27 metres and the minimum rear yard shall be 122 metres.
By-law 3775-93
RR - 8
124 Second Road East, Schedule "A", Map No. 17
Notwithstanding the provisions of paragraph (f) of Section 5.4.3 of the Rural
Residential "RR" Zone, on those lands zoned "RR-8" by this By-law, the
minimum rear yard shall be 60 metres.
PART 5
RURAL ZONES
RUR-17
By-law 3775-93
RR - 9
Second Road East, Schedule "A", Map No. 17
Notwithstanding the provisions of paragraph (f) of Section 5.4.3 of the Rural
Residential "RR" Zone, and Section 4.5.2 of Section 4.5, Accessory
Buildings and Structures, on those lands zoned "RR-9" by this By-law, the
minimum rear yard shall be 60 metres and the existing accessory building shall
be recognized as a permitted accessory use although said lands are not occupied
by a dwelling as of the date of the approval of this By-law.
By-law 3828-93
RR - 10
233 Jones Road, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraph (a) of Section 5.4.3 of the Rural
Residential "RR" Zone, on those lands zoned "RR-10" by this By-law, the
minimum lot area shall be 3.2 hectares.
By-law 4112-94
RR - 11
255 and 257 Jones Road, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraphs (a), (b), (c) and (e) of Section
5.4.3 of the Rural Residential "RR" Zone, on those lands zoned "RR-11" by
this By-law, the minimum lot area shall be 680 square metres, the minimum lot
frontage shall be 16 metres, the maximum lot coverage shall be 40
percent and the minimum side yard shall be 1.5 metres.
By-law 4031-94
RR - 12 North side of Green Mountain Road, West of Third Road
East, Schedule "A", Map No. 12
Notwithstanding the provision of paragraph (b) of Section 5.4.3 of the Rural
Residential "RR" Zone, on those lands zoned "RR-12" by this By-law, the
minimum lot frontage shall be 29.5 metres.
By-law 4058-94
RR - 13 North side of Highland Road, west of Tenth Road, Schedule
"A", Map No. 19
Notwithstanding the provisions of paragraph (a) of Section 5.4.3 of the Rural
Residential "RR" Zone, on those lands zoned "RR-13" by this By-law, the
minimum lot area shall be 4,042 square metres.
PART 5
RURAL ZONES
RUR-18
By-law 4146-95
RR - 14 North of 228 McNeilly Road, Schedule "A", Map No. 8
Notwithstanding the provisions of paragraphs (a) and (b) of Section 5.4.3 of
the Rural Residential "RR" Zone, on those lands zoned "RR-14" by this By-
law, the minimum lot area shall be 900 square meters, the minimum lot
frontage shall be 15 metres and the minimum side yard shall be 1.5 metres.
By-law 4111-94
RR - 15 East side of McNeilly Road, Schedule "A", Map No. 8
Notwithstanding the provisions of paragraphs (a), (b) and (e) of Section 5.4.3
of the Rural Residential "RR" Zone, on those lands zoned "RR-15" by this By-
law, the minimum lot area shall be 690 square meters, the minimum lot
frontage shall be 15 metres and the minimum side yard shall be 1.5 metres.
By-law 4138-94
RR - 16 227 Jones Road, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraphs (a) and (b) of Section 5.4.3 of
the Rural Residential "RR" Zone, on those lands zoned "RR-16" by this By-
law, the minimum lot area shall be 3,100 square meters and the minimum lot
frontage shall be 17 metres.
By-law 4138-94
RR - 17 South of 227 Jones Road, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraphs (a) and (b) of Section 5.4.3 of
the Rural Residential "RR" Zone, on those lands zoned "RR-17" by this By-
law, the minimum lot area shall be 800 square meters and the minimum lot
frontage shall be 15 metres.
By-law 5161-00
RR - 18 498 Green Mountain Road, Schedule "A", Map No. 18
Notwithstanding the provisions of paragraphs (a) (2) and (b) (2) of
subsection 5.4.3, of the Rural Residential "RR" Zone, on those lands zoned
"RR-18" by this By-law, the minimum lot area shall be .57 hectares and the
minimum lot frontage shall be 45 metres.
By-law 5161-00
RR - 19 East of 498 Green Mountain Road, Schedule "A", Map No. 18
Notwithstanding the provisions of paragraphs (a) (2) and (b) (2) of
subsection 5.4.3, of the Rural Residential "RR" Zone, on those lands zoned
"RR-19" by this By-law, the minimum lot area shall be 1.4 hectares and the
minimum lot frontage shall be 76 metres.
PART 5
RURAL ZONES
RUR-19
By-law 03-247
RR - 20 984 Highway No. 8, Schedule "A", Map No. 8
In addition to the uses permitted in Section 5.4.2 of the Rural Residential "RR"
Zone, those lands zoned "RR-20" by this By-law my be used for a commercial
school, specifically, the training of students in the field of audio technology
(music recording).
Notwithstanding the provision of paragraph (i) of Section 5.4.3 of the Rural
Residential "RR" Zone, on those lands zoned "RR-20" by this By-law a
minimum of seven (7) parking spaces is required for the commercial school
and two (2) parking spaces may be located in the required front yard.
By-law 04-004
RR - 21 518 Glover Road, Schedule "A", Map No. 3
Notwithstanding any provision to the contrary, a minimum 3 metre wide
unobstructed access shall be provided and maintained between Glover Road
and the Lake Ontario shoreline for the purpose of shoreline protection
maintenance.
PART 5
RURAL ZONES
RUR-20
SECTION 5.5
RURAL RESIDENTIAL ESTATE "RRE" ZONE
5.5.1
Scope
No person shall within any Rural Residential Estate "RRE" Zone, use any land,
or erect, alter or use any building or structure, except in accordance with
the following provisions:
5.5.2
Permitted Uses For Each Lot
(a) A Single Detached Dwelling
(b) Uses, buildings or structures clearly accessory to a permitted use
(c) A Home Occupation
5.5.3
Zone Regulations
(a) Minimum Lot Area - 4,000 square metres
(b) Minimum Lot Frontage - 30 metres
(c) Maximum Lot Coverage - 25 percent
(d) Minimum Front Yard - 25 metres
(e)
Minimum Side Yard - 4.5 metres except 12 metres for a
flankage yard
(f)
Minimum Rear Yard - No dwelling or part thereof shall
be located further from the front
lot line than 55 metres
By-law 5068-00
(g)
Maximum Building Height
- 11 metres
(h) Storage - Open storage areas are not permitted
(i)
Minimum Parking Requirements - 2 spaces, one of which may be
located in the required front yard
5.5.4
Regulations For Accessory Buildings
(a)
Minimum Yard Requirements - No accessory building shall be located
within the front yard, required flankage yard or within 6 metres of any
lot line which abuts a street or within 1.5 metres of any other lot line.
By-law 5068-00 (b) Maximum Lot Coverage - The maximum lot coverage for accessory
buildings shall be 2 percent provided the lot coverage of all buildings
does not exceed 25 percent.
(c)
Maximum Building Height - 4 metres
PART 5
RURAL ZONES
RUR-21
5.5.5
Regulations For Home Occupations
Home occupations are permitted in accordance with Section 4.8.
5.5.6
Special Exemptions
RRE - 1 8 Lochside Drive, Schedule "A", Map No. 4
In addition to the provisions of paragraphs (d) and (f) of Section 5.5.3 of the
Rural Residential Estate "RRE" Zone, on those lands zoned "RRE-1" by this
By-law, no dwelling or part thereof shall be erected closer than 15 metres to
Lochside Drive and further than 30 metres from Lochside Drive.
RRE - 2 All Lots abutting Lake Ontario, Schedule "A", Map No. 4
In addition to the provisions of paragraph (a) of Section 5.5.4 of the Rural
Residential Estate "RRE" Zone, on those lands zoned "RRE-2" by this
By-law, no accessory building shall be located further from the front lot line
than 55 metres.
By-law 08-244
RRE - 3
28 Lochside Drive, Schedule "A", Map No. 4
Notwithstanding the provisions of Paragraphs (a) and (f) of Section 5.5.3 of
the Rural Residential Estate "RRE" Zone, on those lands zoned "RRE-3" by
this by-law, the following shall apply:
(a) Minimum Lot Area - 2,940 square metres
(f)
Minimum Rear Yard - No dwelling or part thereof shall
be located further from the front
lot line than 57 metres.
By-law 12-018
RRE-4
22 Lochside Drive, Schedule "A", Map No. 4
Notwithstanding the provisions of Paragraphs (a), (d), and (f) of Section
5.5.3 of the Rural Residential Estate "RRE" Zone, on those lands zoned
"RRE-4" by this By-law, the following shall apply.
(a)
(d)
Minimum Lot Area
Minimum Side Yard
- 2,850 square metres
- 4.5 metres, except 4.4 metres
along the easterly side lot line
(f)
Minimum Rear Yard
- No dwelling or part thereof shall
be located further from the front
lot line than 57 metres.
RES-1
PART 6
RESIDENTIAL ZONES
SECTION 6.1
GENERAL PROVISIONS FOR ALL RESIDENTIAL ZONES
6.1.1
Scope
In any Residential Zone, no person shall use any land or erect, alter or use any
building or structure except in accordance with the following provisions which,
in addition to other requirements of this By-law, shall apply to all Residential
Zones.
6.1.2
Residential Zones
For the purpose of this By-law the following Residential Zones are established
within the Defined Area and such zones may be referred to by the following
symbols.
Zone
Symbol
Single Residential - One
R1
Single Residential - Two
R2
Single Residential - Three
R3
Single Residential - Four
R4
Residential - Five
R5
Residential - Six
R6
Multiple Residential - One
RM1
Multiple Residential - Two
RM2
Multiple Residential - Three
RM3
Multiple Residential - Four
RM4
Multiple Residential - Five
RM5
6.1.3
General Requirements For Residential Uses
(a)
Nothing in this By-law shall prevent the division of any lot which is
zoned for a semi-detached dwelling into two separate parts divided by
the centre line of the common or party wall separating the two dwelling
units provided that each part created meets the appropriate regulations of
this By-law. For the purpose of this By-law the side yard provisions
RES-2
pertaining to the zone in which the semi-detached dwelling is located do
not apply to the common or party wall separating the two dwelling units;
(b)
No person shall erect or use any building for residential purposes in any
zone unless such building is erected upon a lot or unless authorized
elsewhere in the By-law; and
(c)
For the purposes of subsection (b) above, the word "building" shall be
deemed not to include an accessory building.
6.1.4
Accessory Buildings In Residential Zones
By-law 4580-97
(a)
An accessory building may be located in any yard except the front yard,
and shall be located a minimum distance of 8 metres from the front lot
line, 0.5 metres from any other lot line, and the maximum building height
shall be 4.5 metres; except that a detached garage or detached carport
which fronts on the flankage lot line shall be located at least 5.5 metres
from the flankage lot line.
(b)
The total lot coverage for all accessory buildings shall not exceed 10
percent of the total lot area but in no case shall the total lot coverage of
all buildings on a lot exceed the maximum lot coverage permitted in the
respective zone; and
(c)
Notwithstanding the above-noted provisions, accessory buildings may be
located in the front yard on lands fronting on a private road which backs
onto the Lake Ontario shoreline, but in no case within 7.5 metres of the
front lot line. For the purpose of this Section:
1.
"Front lot line" means the boundary of the property closest to the
existing dwelling or closest to the former dwelling and which
boundary is the line between the private right-of-way and the parcel
of land to which this subsection applies;
2.
"Rear lot line" means the limits of the property opposite the "front
lot line"; and
PART 6
RESIDENTIAL ZONES
RES-3
3.
"Side lot line" means the limits of the property other than the "front
lot line" or the "rear lot line".
(d)
Notwithstanding the above-noted provisions, accessory buildings may be
located in the front yard of lands backing onto the Lake Ontario
shoreline in accordance with Section 4.13.2.
By-law 22-138 (e) For the purposes of Section 6.1.7.2, a Secondary Dwelling Unit - Detached,
shall not be considered an accessory building or structure.
6.1.5
Residential Care Facilities, Group Homes Or Domiciliary Hostels
Where any residential zone permits a single detached dwelling, a duplex, a
semi-detached dwelling or a triplex dwelling, such dwelling may be converted
to a Group Home, a Residential Care Facility or a Domiciliary Hostel for a
maximum of six (6) residents provided that:
(a) The entire dwelling is so converted and wholly occupied by such use;
(b)
A lot containing such dwelling shall not be located within 800 metres of
any other lot upon which is situated any other Group Home, Residential
Care Facility or a Domiciliary Hostel;
(c)
Parking spaces shall be provided in accordance with the provisions of
Section 4.10 with a maximum of two (2) parking spaces in the front yard;
and
(d)
The dwelling complies with all regulations of the zone in which it is
located.
6.1.6
Foster Homes
Any dwelling unit may be used as a Foster Home.
6.1.7
Secondary Dwelling Unit and Secondary Dwelling Unit - Detached
By-laws 21-077, 21-167, 22-138, 22-196
(a)
Parking shall be provided in accordance with Section 4.10 and Section 6.1.8 of
this By-law and the following:
(i) 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;
PART 6
RESIDENTIAL ZONES
RES-4
(A) Notwithstanding Section 6.1.7 (a) (i), one parking space shall be
required for a Secondary Dwelling Unit - Detached if it constitutes the
fourth Dwelling Unit on a lot.
(ii) 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,
iii) Parking for a Secondary Dwelling Unit and/or Secondary Dwelling Unit -
Detached shall maintain a minimum of 50% landscaped area in the Flankage
Yard.
(b) Notwithstanding Section 4.1 of this By-law, the following provisions shall apply:
i) 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. 22-138 was approved by Council, will be evaluated
against the provisions of Section 6.1.7 of this By-law, in effect before By-
law No. 22-138 came into effect.
(A) Notwithstanding Section 6.1.7 (b) i), if a Building Permit is not
issued within 180 days of the effective date of this By-law, By-law
No. 22-138 shall apply in all respects to the Building Permit in
question.
ii) 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 22-138 was approved by
Council, provided the Building Permit application complies with Section
6.1.7 of this By-law, in effect the day before By-law No. 22-138 came into
effect.
iii) For the purposes of determining zoning conformity, the following shall
apply:
(A) 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 6.1.7 (b) i)
or ii).
(B) Once a Building Permit has been issued under Section 6.1.7 (b) i) or
ii), or more than 180 days has transpired as per Section 6.1.7 (b) i)
(A), the provisions of this By-law apply in all other respects.
6.1.7.1
Secondary Dwelling Unit
PART 6
RESIDENTIAL ZONES
RES-5
By-law 22-138
(a)
For lands within a "R1", "R2", "R3", "R4". "R5", "R6", "RM1", "RM2",
and "RM3" 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.
(b)
All the regulations of the By-law applicable to the existing dwelling shall
continue to apply unless specifically provided in Section 6.1.7.1.
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, 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.
(c)
There shall be no outside stairway above the first floor other than a
required exterior exit.
(d)
A maximum of one entrance shall be permitted on the front façade of a
dwelling containing a Secondary Dwelling Unit.
6.1.7.2
Secondary Dwelling Unit - Detached
By-law 22-138
(a)
For lands within a "R1", "R2", "R3", "R4". "R5", "R6", "RM1", "RM2",
and "RM3" Zone, a maximum of one Secondary Dwelling Unit shall be
permitted on a lot containing Single Detached Dwelling, a Semi-
Detached Dwelling, or a Street Townhouse Dwelling
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, 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.
(b)
In addition to Section 6.1.7.2 (a), 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:
(i)
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
PART 6
RESIDENTIAL ZONES
RES-6
regulations of Section 6.1.7.2.
(c)
All the regulations of this By-law applicable to the existing dwelling
shall continue to apply unless specifically provided in Section 6.1.7.2.
(d)
A Secondary Dwelling Unit - Detached shall only be permitted in a Rear
and/or Interior Side Yard.
(e)
A minimum 1.2 metre setback shall be provided from the interior Side
Lot Line and Rear Lot Line.
i)
Notwithstanding Section 6.1.7.2 (e), an eave or a gutter may
extend a maximum of 30 centimetres into a required minimum
setback area.
ii) In addition to Section 6.1.7.2 (e), a landscaped 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, or permeable pavers, and may include a fence.
(f)
A Secondary Dwelling Unit - Detached shall not be located closer to the
flankage street than the principal dwelling.
(g)
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.
By-law 25-039
(h)
The following building separation shall be provided:
(i) Where a Secondary Dwelling Unit - Detached is located in the
Rear Yard, a minimum distance of 4.0 metres shall be required
between the rear wall of the principal dwelling and the
SecondaryDwelling Unit - Detached.
(ii) Where a Secondary Dwelling Unit - Detached is located in an
Interior Side Yard, the following is required:
(A) 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,
(B) A Secondary Dwelling Unit - Detached shall be set back a
minimum 5.0 metres from the front façade of the principal
dwelling.
(i)
A maximum height of 6.0 metres shall be permitted.
PART 6
RESIDENTIAL ZONES
RES-7
(a)
Notwithstanding Section 6.1.7.2 (i), balconies and rooftop patios
shall be prohibited above the first floor level
.
(j)
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 6.1.7.2 (j) and 6.1.7.2 (j) (b), and
notwithstanding Sections 6.2.3 (g), 6.2.3.1 (a), 6.3.3 (g),6.3.3.1
(a), 6.4.3.1 (a), 6.5.3 (g), 6.5.3.1 (a), 6.6.3 (g), 6.7.3 (a) 7., 6.7.3 (b)
7., 6.8.3 (a) 7., 6.8.3 (b) 7, and 6.8.4, the maximum combined lot
coverage of all buildings and structures on a lot containing a
Secondary Dwelling Unit - Detached shall be 45%.
(b)
In addition to Section 6.1.7.2 (j), the ground floor area of a
Secondary Dwelling Unit - Detached shall not exceed 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.
(k)
A minimum landscaped area of 12.0 square metres shall be provided and
maintained within the Rear Yard.
6.1.7.3
Regulations for Converted Dwellings (By-law 22-196)
(a)
For the purpose of Section 6.1.7.3, 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.
(b)
A Converted Dwelling shall only be permitted on a lot in an R1, R2,
R3, R4, R5 or R6 Zone identified on Figure 1 of Part 15: Special
Figures
(i)
In addition to Section 6.1.7.3 (b), a Converted Dwelling shall
be permitted on a lot in in any RM1 zone shown on Schedule
"A" of this By-law.
(c)
All the regulations of this By-law applicable to the existing dwelling
shall continue to apply unless specifically provided for in Section
6.1.7.3.
(d)
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 and identified in Section 6.1.7.3 (b).
(e)
No parking spaces are required for Dwelling Units within a Converted
Dwelling, provided the required parking spaces which existed on XX,
PART 6
RESIDENTIAL ZONES
RES-8
2022 for the existing dwelling shall continue to be provided and
maintained.
(i)
Notwithstanding Section 6.1.7.3 (e), one parking space is
required for the following conditions:
A.
For the fourth Dwelling Unit in a Converted
Dwelling; and,
B.
For the fourth Dwelling Unit on a lot.
6.1.8
Parking Restrictions In Residential Zones
(a)
No land, building or structure in any residential zone shall be used for
the locating, parking or storage of any commercial motor vehicle, heavy
motor vehicle, commercial trailer, coach, street car or construction
equipment. For the purpose of this paragraph, a trailer shall exclude a
recreational vehicle and a coach shall exclude a school bus;
(b)
Notwithstanding any other provisions of this By-law, nothing shall
prevent the locating of parking spaces in the required front yard for vehicles
used for transporting physically challenged persons;
(c)
Where the required minimum number of parking spaces is four or more,
no parking space shall be provided closer than 3 metres to any lot line or
closer than 5 metres to any dwelling unit located on a lot other than the said
lot except that the provisions of this clause shall not apply to any parking
space located within a private garage or underground garage;
(d)
Parking spaces shall have a width of not less than 2.75 metres and a
length of not less than 5.8 metres and parking spaces for physically
challenged persons shall have a width of not less than 4.4 metres and a
length of not less than 5.8 metres, exclusive of any land used to permit
ingress or egress to said parking spaces, maneuvering areas, driveways
or aisles. One parking space within a private residential garage shall not
be less than 3 metres in width or less than 6 metres in length;
(e)
Adequate access to a residential parking area, except those accessory to a
single detached, semi-detached, converted, duplex, triplex, fourplex or
street townhouse dwelling, shall be provided to permit ingress or egress
PART 6
RESIDENTIAL ZONES
RES-9
of a motor vehicle from the street by means of a one-way driveway
of at least 4.5 metres in width, or by means of a two-way driveway
of at least 6 metres in width; and (By-law 15-073)
(f)
Any parking area, parking space, loading space, driveway, maneuvering
area, or aisle required to be provided or permitted according to the
provisions of the zone in which the use is permitted shall be provided
and maintained in accordance with this By-law.
6.1.9
(Deleted) (By-law 21-077)
6.1.10
Urban Farm (By-law 14-279)
(a)
An urban farm shall be permitted in any residential zone, in accordance with
the regulations of Subsection 6.1.10 (b), Subsection 6.1.10 (c), Subsection
6.1.10 (d) or Subsection 6.1.10 (e).
(b)
Every urban farm in a residential zone, as a principle use, shall comply with
the following regulations:
i)
Notwithstanding the minimum lot area of any zone, the minimum lot
area shall be not less than 0.4 ha.
ii)
Notwithstanding the size of the accessory structures of the particular
zone in which the farm produce/product stand is located, only one
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)
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)
Any building or structure associated with the urban farm use which is
35 square metres or less shall be considered as an accessory building
or structure.
PART 6
RESIDENTIAL ZONES
RES-10
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.
(c)
Notwithstanding Section 6.1.10 b), 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 the definition of urban farm, no retail sales shall be
permitted on-site.
(d)
Every urban farm in a residential zone that locates on the same lot as another
principle use, shall comply with the following regulations:
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, Section 6.1.4(a), 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 the definition of urban farm, no retail sales shall be
permitted on-site.
(e)
Notwithstanding Section 6.1.10 (a), 6.1.10 (b) and 6.1.10 (c) and in addition to
the provisions of Section 6.1.10 (d), an urban farm within any residential Zone
shall only be located in the rear yard or on a roof top of a principle building in
the following areas:
Street
From
To
1
King Street
Faircourt Drive
Applewood
Avenue
6.1.11
Community Gardens (By-law 14-279)
(a)
A community garden shall be permitted in any residential zone, in
PART 6
RESIDENTIAL ZONES
RES-11
accordance with the regulations of Subsection 6.1.11 (b).
(b)
All buildings and structures shall comply with the accessory structure
regulations of the zone in which the use is located.
(c)
Notwithstanding, Section 6.1.4(a), where an urban farm is located on a roof
top, the height of the accessory structure shall not exceed the maximum
building height.
d)
Notwithstanding Sections 6.1.11(a), 6.1.11(b) and 6.1.11(c) and in addition to
the provisions of Section 6.1.11(c), an urban farm within any residential Zone
shall only be located in the rear yard or on a roof top of a principle building in
the following areas:
Street
From
To
1
King Street
Faircourt Drive
Applewood
Avenue
6.1.12
Common Elements Condominium (By-law 15-073)
Notwithstanding the regulations of the "RM3" Zone, townhouse dwelling units may
be developed in accordance with the applicable street townhouse regulations of the
"RM2" Zone. For the purposes of these Zones, 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)
PART 6
RESIDENTIAL ZONES
RES-12
SECTION 6.2
SINGLE RESIDENTIAL "R1" ZONE
6.2.1
Scope
No person shall within any Single Residential "R1" Zone, use any land or erect,
alter or use any building or structure, except in accordance with the following
provisions:
6.2.2
Permitted Uses For Each Lot (By-law 22-196)
(a) A single detached dwelling
(b) Uses, buildings or structures accessory to a permitted use
(c) A Home Occupation
By-law 22-196
(d)
In addition to the uses permitted in Section 6.2.2 (a), (b), and (c), on a lot
identified on Figure 1 of Part 15: Special Figures, the following additional
uses are permitted:
1.
A Semi-Detached Dwelling
2.
A Duplex
3.
Street Townhouses
6.2.3
Zone Regulations For The Use Permitted Under Section 6.2.2 (a)
(a) Minimum Lot Area
Interior Lot
-
600 square metres
Corner Lot
-
650 square metres
(b) Minimum Lot Frontage
Interior Lot
-
18 metres
Corner Lot
-
19.5 metres
(c) Minimum Front Yard - 6 metres
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.25 metres except as provided in clauses 1, 2 and 3 below:
By-law 3863-93 1. An attached garage or attached carport may be erected at a distance
of not less than 1 metre from a side lot line which does not abut a
flankage street;
2. On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
PART 6
RESIDENTIAL ZONES
RES-13
3. On a corner lot, the minimum side yard abutting the flankage lot
line shall be 3 metres, except that an attached garage or attached
carport which fronts on the flankage lot line shall not be located within
5.5 metres of the flankage lot line.
(e) Minimum Rear Yard - 7.5 metres
By-law 5068-00
(f)
Maximum Building Height
-
11 metres
(g) Maximum Lot Coverage - 40 percent
6.2.3.1
Zone Regulations For Uses Permitted Under Section 6.2.2 (d)
By-law 22-196
(a)
Semi-detached dwellings shall comply with the provisions of Sections
6.6.3, 6.6.4, 6.6.5, 6.6.5.1, 6.6.5.2, and 6.6.6.
(b)
Duplex dwellings shall comply with the provisions of Sections 6.2.3, 6.7.4,
6.7.5, 6.7.6, 6.7.6.1, and 6.7.6.2.
(c)
Street townhouse dwellings shall comply with the provisions of Sections
6.9.3, 6.9.4, 6.9.5, and 6.9.5.1.
PART 6
RESIDENTIAL ZONES
RES-14
6.2.4
Regulations For Parking For the Use Permitted Under Section 6.2.2 (a)
Minimum number of parking spaces - 2 per dwelling of which only one may be
provided in the required front yard. Tandem parking is permitted.
6.2.5
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 4.5 and Section
6.1.4.
6.2.6
Regulations For Home Occupations
Home occupations are permitted in accordance with Section 4.8.
6.2.6.1
Regulations for Secondary Dwelling Units and Secondary Dwelling Units -
Detached
Secondary Dwelling Units and Secondary Dwelling Units -
Detached are permitted in accordance with Section 6.1.9.
6.2.6.2
Regulations For Converted Dwellings
By-law 22-196
Converted dwellings are permitted in accordance with Section 6.1.7.3.
6.2.7
Special Exemptions
R1 - 1 1317 Highway No. 8, Schedule "A", Map No. 9
In addition to the uses permitted in Section 6.2.2 of the Single Residential
"R1" Zone, those lands zoned "R1-1" by this By-law may also be used for a
triplex.
Notwithstanding the provisions of paragraphs (c), (d), (e) and (f) of Section
6.2.3 and Section 6.2.4 of the Single Residential "R1" Zone, on those lands zoned
"R1-1" by this By-law, the minimum front yard shall be 1 metre; the minimum
side yard shall be 2 metres; the side yard abutting the flankage lot line shall
be 1 metre; the minimum rear yard shall be 10.5 metres; the minimum
floor area shall be 95 square metres per dwelling unit; the maximum height shall
be 3 storeys; and the minimum number of parking spaces shall be five.
By-law 4113-94
R1 - 2
North side of Highway No. 8, East of Lewis Road, Schedule "A",
Map No. 8
Notwithstanding the provisions of paragraphs (a) and (b) of Section 6.2.3 of
PART 6
RESIDENTIAL ZONES
RES-15
the Single Residential "R1" Zone, on those lands zoned "R1-2" by this By-
law, the minimum lot area shall be 570 square metres and the minimum lot
frontage shall be 15 metres.
PART 6
RESIDENTIAL ZONES
RES-16
By-law 4113-94
R1 - 3
1207 Highway No. 8, Schedule "A", Map No. 8
Notwithstanding the provisions of paragraph (b) of Section 6.2.3 of the Single
Residential "R1" Zone, on those lands zoned "R1-3" and "AS-7" by this By-
law, the minimum lot frontage shall be 15 metres.
By-law 4167-95
R1 - 4
North side of Jenny Court, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (c) of Section 6.2.3 of the Single
Residential "R1" Zone, on those lands zoned "R1-4" by this By-law, the
minimum front yard shall be 10 metres.
By-law 4167-95
R1 - 5
North side of Jenny Court, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (c) and (d) of Section 6.2.3 of
the Single Residential "R1" Zone, on those lands zoned "R1-5" by this By-
law, the minimum front yard shall be 10 metres and the minimum easterly side
yard shall be 3 metres.
By-law 4915-99
OMB Order
Nov. 4, 1999
By-law 18-119
(Holding Removal)
R1 - 6 Part of Lot 2, Broken Front Concession, Schedule "A", Map No. 4
Notwithstanding the provisions of paragraphs (a), (c), (d), (f) and (g) of
Section 6.2.3 of the Single Residential "R1" Zone of Zoning By-law No.
3692-92, on those lands zoned "R1-6" by this By-law, the following
provisions shall apply:
(a)
Minimum Lot Area
-
600 square metres
(c)
Minimum Front Yard
-
6 metres, except 7.5 metres to an
attached garage or attached carport
Maximum Front, Yard
-
7.5 metres except 8.0 metres to an
attached garage or attached carport.
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.85 metres except as provided in clauses (i), (ii) and (iii) below:
(i)
On an interior lot, a one-storey dwelling, a one-storey portion of
the dwelling, an attached garage with no rooms above or an
attached carport may be erected at a distance of not less than 1.25
metres from a side lot line;
(ii)
On an interior lot where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
(iii)
On a corner lot, the side yard abutting the flankage street shall be
PART 6
RESIDENTIAL ZONES
RES-17
a minimum 3 metres and a maximum 4.5 metres except that an
attached garage or attached carport shall not front on the flankage
street.
(f) Maximum Building Height - 12.6 metres
(g) Maximum Lot Coverage - 55 percent
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply:
"Any lot located at the intersection of two or more roads will require a minimum
yard to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5
metres for a porch, including porch foundation walls; and, 0.0 metres for eaves
or gutters."
By-law 4916-4920/99 R1 - 7
West of Fifty Road, East of Creanona Boulevard Schedule "A",
Map No. 4
Notwithstanding the provisions of paragraphs (a), (b), (c) and (d) of Section
6.2.3 of the Single Residential "R1" Zone, on those lands zoned "R1-7" by
this By-law, the minimum lot area shall be 900 square metres, the minimum
lot frontage shall be 18 metres, the minimum front yard shall be 7.5 metres
and the minimum side yard shall be 1.85 metres, except as provided in
clauses (i), (ii) and (iii) below:
(i)
On an interior lot, an attached garage with no rooms above or an
attached carport may be erected at a distance of not less than 1.85
metres from a side lot line;
(ii) On an interior lot where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
(iii) On a corner lot, the minimum side yard abutting the flankage street shall
be 3 metres except that an attached garage or attached carport which fronts
on the flankage street lot line shall not be located within 5.5 metres
of the flankage lot line.
By-law 4916-99 to
R1 - 8
Deleted by By-law No. 03-338
By-law 4920-99
PART 6
RESIDENTIAL ZONES
RES-18
By-law 4915-99
R1 - 9
Fifty Road and McCollum Road, Part of Lot 2, Broken Front
OMB Order
Concession, Schedule "A", Map No. 4
Nov. 4, 1999
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (f) and (g) of
Section 6.2.3 of the Single Residential "R1" Zone of Zoning By-law No. 3692-92,
on those lands zoned "R1-9" by this By-law, the following provisions shall apply:
(a)
Minimum Lot Area
- 780 square metres
(b)
Minimum Lot Frontage
- 23 metres
(c)
Minimum Front Yard
- 6 metres, except 7.5 metres to
an attached garage or attached
carport
Maximum Front Yard
- 7.5 metres, except 8 metres to
an attached garage or attached
carport.
(d)
Minimum Side Yard
- No part of any dwelling shall
be located closer than 1.85 metres
except as provided in clauses (I),
(ii) and (iii) below:
(i)
On an interior lot, a one-storey dwelling, a one-storey portion of
the dwelling, an attached garage with no rooms above or an attached
carport may be erected at a distance of not less than 1.25 metres
from a side lot line;
(ii)
On an interior lot where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and,
(iii)
On a corner lot, the side yard abutting the flankage lot line shall
be a minimum of 3 metres and a maximum of 4.5 metres, except an
attached garage or attached carport shall not front on the flankage
street.
(f)
Maximum Building Height
- 12.6 metres
(g)
Maximum Lot Coverage
- 55 percent
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply:
PART 6
RESIDENTIAL ZONES
RES-19
By-law 4915-99
Any lot located at the intersection of two or more roads will require a minimum
yard to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5
metres for a porch, including porch foundation walls; and, 0.0 metres for eaves
or gutters.
By-law 5001-99
R1 - 10 1305 Highway No. 8, Schedule "A", Map No. 8
Notwithstanding the provisions of paragraph (e) of Section 6.2.2, on those
lands zoned "R1-10" by this By-law, the minimum rear yard shall be 4.5
metres adjacent to the attached garage.
By-law 4915-99
R1 - 11(H) Part of Lot 2, Broken Front Conc., Schedule "A", Map No. 4
OMB Order
Nov. 4, 1999
In addition to the uses permitted in Section 6.2.2, those lands zoned "R1-
By-law 11-169
11(H) may also be used for a storm water management pond and accessory uses
thereto. The provisions of the "R1-6" Zone shall apply upon the removal
of the Holding "H" Zone. The Holding "H" Zone provision may be removed
upon confirmation by the City Engineer that a storm water management pond is
not required on these lands.
Notwithstanding the provisions of paragraphs (a) and (b) of Subsection 6.2.3 of
Section 6.2, Single Residential "R1" Zone, the minimum lot area shall be 2,200
square metres and the minimum lot frontage shall be 17 metres on Lochside
Drive. The residential development of these lands shall be limited to only one
single-detached dwelling on one lot in a registered plan of subdivision and
accessory uses, buildings and structures.
OMB Order
R1 - 12
Part of Lot 2, Broken Front Conc., Schedule "A", Map No. 4
Nov. 4, 1999 Notwithstanding the provisions of paragraphs (a), (c), (d), (e), (f) and (g) of
Section 6.2.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands
zoned "R1-12" by this By-law, the following shall apply:
(a)
Minimum Lot Area
Interior Lot
-
450 square metres
Corner Lot
-
480 square metres
PART 6
RESIDENTIAL ZONES
RES-20
(c)
Minimum Front Yard -
3 metres, except 5.8 metres to an attached
garage or attached carport
Maximum Front Yard -
4.5 metres, except 6.3 metres to an attached
garage or attached carport.
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.2 metres, except as provided in clauses (i), (ii) and (iii) below:
By-law 5136-00 (i) The minimum side yard on the side of the dwelling containing an
attached garage or attached carport may be .9 metres except for a
side yard which abuts a flankage street;
(ii)
On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres;
and
(iii)
On a corner lot, the side yard abutting the flankage street shall be a
minimum of 3 metres, and a maximum of 4.5 metres except that
an attached garage or attached carport shall not front on the
flankage street.
(e)
Minimum Rear Yard
- 7 metres
(f)
Maximum Building Height
- 12.6 metres
(g)
Maximum Lot Coverage
- None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply:
Any lot located at the intersection of two or more roads will require a minimum
yard to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5
metres for a porch, including porch foundation walls; and, 0.0 metres for eaves
or gutters.
By-law 4915-99
R1 - 13 Part of Lot 2, Broken Front Concession, Schedule "A", Map No. 4
OMB Order
Nov. 4, 1999
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (f) and (g) of
Section 6.2.3 of the Single Residential "R1" Zone of Zoning By-law No. 3692-
92, on those lands zoned "R1-13" by this By-law, the following provisions
shall apply:
PART 6
RESIDENTIAL ZONES
RES-21
(a)
Minimum Lot Area
- 600 square metres
(b)
Minimum Lot Frontage
- 20 metres
(c)
Minimum Front Yard
- 6 metres, except 7.5 metres to
an attached garage or attached
carport
Maximum Front Yard
- 7.5 metres, except 8 metres
to an attached garage or
attached carport.
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.85 metres except as provided in clauses (i), (ii) and (iii) below:
(i)
On an interior lot, a one-storey dwelling, a one-storey portion of
the dwelling, an attached garage with no rooms above or an attached
carport may be erected at a distance of not less than 1.25 metres
from a side lot line;
(ii)
On an interior lot where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
(iii)
On a corner lot, the side yard abutting the flankage street shall be
a minimum 3 metres and a maximum 4.5 metres except that an
attached garage or attached carport shall not front on the flankage
street.
(f)
Maximum Building Height
- 12.6 metres
(g)
Maximum Lot Coverage
- 55 percent
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply:
Any lot located at the intersection of two or more roads will require a minimum
yard to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5
metres for a porch, including porch foundation walls; and, 0.0 metres for eaves
or gutters.
PART 6
RESIDENTIAL ZONES
RES-22
By-law 03-269
R1 - 14 Part of 580 Fifty Road, Schedule "A", Map No. 4
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e), (f) and (g)
of Section 6.2.3, "Zone Regulations", of Zoning By-law No. 3692-92, on those
lands zoned "R1-14" by this By-law, the following shall apply:
(a) Minimum Lot Area
Interior Lot
-
450 square metres
Corner Lot
-
480 square metres
(b) Minimum Lot Frontage
Interior Lot
-
18 metres
Corner Lot
-
19 metres
(c)
Minimum Front Yard
-
3 metres except 5.8 metres to an
attached garage or attached carport
Maximum Front Yard
-
4.5 metres, except 6.3 metres to an
attached garage or attached carport
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.2 metres, except as provided in clauses (i), (ii) and (iii) below:
(i)
The minimum side yard on the side of the dwelling containing an
attached garage or attached carport may be 0.9 metres except for a
side yard which abuts a flankage street;
(ii) On an interior lot, where not attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
(iii)
On a corner lot, the side yard abutting the flankage street shall be a
minimum of 3 metres, and a maximum for 4.5 metres except that
an attached garage or attached carport shall not front on the flankage
street.
(e)
Minimum Rear Yard
-
7 metres
(f)
Maximum Building Height
-
12.6 metres
(g)
Maximum Lot Coverage
-
None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply:
Any lot located at the intersection of two or more roads will require a minimum
yard to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5
metres for a porch, including porch foundation walls; and, 0.0 metres for eaves
or gutters.
PART 6
RESIDENTIAL ZONES
RES-23
By-law 03-335
R1 - 15 West side of Falcon Road, Part of Lot 3, Broken Front
Concession, Schedule "A", Map No. 4
Notwithstanding the provisions of Zoning By-law No. 3692-92 to the contrary,
on those lands zoned "R1-15" by this By-law, the rear yard setback shall be
measured from the zone boundary between the "OS-10" Zone and the "R1-15"
Zone, rather than from the rear lot line.
Notwithstanding the provisions of Paragraphs (a) to (d) of Section 6.2.3 of the
Single Residential "R1" Zone, on those lands zoned "R1-15" by this By-law, the
minimum lot area shall be 900 square metres, the minimum lot frontage shall
be 18 metres, the minimum front yard shall be 7.5 metres, and the minimum side
yard shall be 1.85 metres except where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres.
R1 - 16 Reserved
By-law 07-196
R1 - 17 1353, 1357, 1427 Baseline Road and 22 Falcon Road, Schedule
"A", Map No. 4
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e), (f), and (g), of
Subsection 6.2.3, of the "Zone Regulations" of the Single Residential "R1" Zone
on those lands zoned "R1-17" by this By-law, the following shall apply:
(a)
(b)
(c)
Minimum Lot Area
Minimum Lot Frontage
Minimum Front Yard
-
440 square metres
-
18 metres
-
3.0 metres; and,
5.8 metres for a garage only.
(d)
Minimum Side Yard
-
1.2 metres; except,
0.6 metres on the side with
an attached garage.
(e)
Minimum Flankage Yard
-
3.0 metres; and,
5.8 metres for a garage only.
(f)
Minimum Rear Yard
-
7.0 metres
(g)
Maximum Building Height
-
12.5 metres
PART 6
RESIDENTIAL ZONES
RES-24
In addition to the regulations of Section 4.19, "Yard Encroachments", the
following encroachments are permitted:
(a)
Unenclosed Porch into a
Front Yard
(b)
Unenclosed Porch into a
Flankage Yard
-
2.0 metres, including a further
encroachment of 0.6 metres
for steps
-
2.0 metres, including a further
encroachment of 0.6 metres
for steps
(c)
Chimneys, belt courses, sills, cornices, chimney breasts, decorative brick
facing, pilasters, alcoves, fireplaces or other architectural features, with
or without foundations may project into any required yard 0.6 metres, to
a maximum of half the required yard.
(d)
Bay Windows and other types of windows, with or without foundation,
into a front or rear yard 1.0 metre; and 0.6 metres to a side yard, to a
maximum of half the yard.
(e) Balconies into any yard - 2.0 metres
Notwithstanding clause (a) of Section 4.16.1, unitary equipment may be
located not less than 0.6 metres to any side lot line.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply:
By-law 08-244
By-law 12-018
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 2 metres for a
building; 0.5 metres for a porch, including porch foundation walls; and, 0.0
metres for eaves or gutters.
R1 - 18 22 & 28 Lochside Drive, Schedule "A", Map No. 4
Notwithstanding the provisions of paragraphs (a), (b), (c) and (d) of Section
6.2.3, of the Single Residential "R1" Zone on those lands zoned "R1-18" by this
By-law, the following shall apply:
(a) Minimum Lot Area - 780 square metres
PART 6
RESIDENTIAL ZONES
RES-25
(b)
(c)
Minimum Lot Frontage
Minimum Front Yard
-
23 metres
-
6 metres, except 7.5 metres to
an attached garage or attached
carport.
Maximum Front Yard
-
7.5 metres, except 8 metres to
an attached garage or attached
carport.
(d)
Minimum Side Yard - No part of any dwelling shall be located closer than
1.85 metres to a side lot line, except as provided in Clauses (i) and (ii) below:
(i)
An attached garage or an attached carport may be erected at a
distance of not less than 1.25 metres from a side lot line; and,
(ii) Where no attached garage or attached carport is provided, the
minimum side yard on one side shall be 3 metres.
By-law 16-102 R1-20 1831 Rymal Road East, Schedule "A", Map No. 15
Notwithstanding the provisions of Paragraphs (b) and (d) of Subsection 6.2.3 of the
Single Residential "R1" Zone, the following regulations shall apply:
(b)
Minimum Lot Frontage
Interior Lot
-
14.0 metres
Corner Lot
-
15.8 metres
(d)
Minimum Side Yard
-
1.2 metres on the garage
side and 0.6 metres on the non-
garage
side,
subject
to
a
maintenance easement registered
on title for any minimum side yard
that is less than 1.2 metres, with
said
maintenance
easement
permitting
encroachment
for
maintenance purposes only for no
more than 0.6 metres into the side
yard of the lot adjacent the yard
with a side yard setback less than
1.2 metres. A 0.6 metre side yard
setback shall not be permitted to
any side lot line less than 1.2
metres, except:
On a corner lot, the minimum side
yard abutting the flankage street
shall be 2.4 metres, except that an
attached garage which fronts on
PART 6
RESIDENTIAL ZONES
RES-26
the flankage street shall not be
located within 6.0 metres of the
flankage street line; and on a
corner lot with a daylight triangle,
a minimum 2.0 metre setback for
any building from the hypotenuse
of a daylight triangle is required;
and,
All other regulations of the Single Residential "R1" one shall apply.
PART 6
RESIDENTIAL ZONES
RES-27
SECTION 6.3
SINGLE RESIDENTIAL "R2" ZONE
6.3.1
Scope
No person shall within any Single Residential "R2" Zone, use any land or
erect, alter or use any building or structure, except in accordance with the
following provisions:
6.3.2
Permitted Uses For Each Lot
(a) A single detached dwelling
(b) Uses, buildings or structures accessory to a permitted use
(c) A Home Occupation
By-law 22-196
(d)
In addition to the uses permitted in Section 6.3.2 (a), (b), and (c), on a lot
identified on Figure 1 of Part 15: Special Figures, the following additional
uses are permitted:
1.
A Semi-Detached Dwelling
2.
A Duplex
3.
Street
Townhouses
6.3.3
Zone Regulations For Uses Permitted Under Section 6.3.2 (d)
By-law 22-196
(a) Minimum Lot Area
Interior Lot
-
460 square metres
Corner Lot
-
505 square metres
(b) Minimum Lot Frontage
Interior Lot
-
15 metres
Corner Lot
-
16.5 metres
(c) Minimum Front Yard - 6 metres
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.25 metres except as provided in clauses 1, 2 and 3 below:
By-law 3863-93 1. An attached garage or attached carport may be erected at a distance
of not less than 1 metre from a side lot line which does not abut a
flankage street;
2.
On an interior lot, where no attached garage or attached carport is
PART 6
RESIDENTIAL ZONES
RES-28
provided, the minimum side yard on one side shall be 3 metres; and
3.
On a corner lot, the minimum side yard abutting the flankage lot line
shall be 3 metres, except that an attached garage or attached carport
which fronts on the flankage lot line shall not be located within 5.5
metres of the flankage lot line.
(e) Minimum Rear Yard - 7.5 metres
By-law 5068-00
(f)
Maximum Building Height -
11 metres
(g) Maximum Lot Coverage - 40 percent
6.3.3.1
Zone Regulations For Uses Permitted Under Section 6.3.2 (a)
By-law 22-196
(a)
Semi-detached dwelling shall comply with the provisions of Sections
6.6.3, 6.6.4, 6.6.5, 6.6.5.1, 6.6.5.2, and 6.6.6.
(b)
Duplex dwellings shall comply with the provisions of Sections 6.7.3
(c), 6.7.4, 6.7.5, 6.7.6, 6.7.6.1, and 6.7.6.2.
(c)
Street townhouse dwellings shall comply with the provisions of
Sections 6.9.3, 6.9.4, 6.9.5, and 6.9.5.1.
PART 6
RESIDENTIAL ZONES
RES-29
6.3.4
Regulations For Parking For The Use Permitted Under Section 6.3.2 (a)
By-law 22-196
Minimum number of parking spaces - 2 per dwelling of which only one may
be provided in the required front yard. Tandem parking is permitted.
6.3.5
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 4.5 and 6.1.4.
6.3.6
Regulations For Home Occupations
Home occupations are permitted in accordance with Section 4.8.
6.3.6.1
Regulations for Secondary Dwelling Units and Secondary Dwelling Units -
Detached
Secondary Dwelling Units and Secondary Dwelling Units -
Detached are permitted in accordance with Section 6.1.7.
6.3.6.2
By-law 22-196
Regulations For Converted Dwellings
Converted dwellings are permitted in accordance with Section
6.1.7.3.
6.3.7
Special Exemptions
R2 - 1 3, 5 First Street South, Schedule "A", Map No. 5
In addition to the uses permitted in Section 6.3.2 of the Single Residential
"R2" Zone, those lands zoned "R2-1" by this By-law may also be used for
medical offices.
R2 - 2 22-50 Oakridge Drive, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (e) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-2" by this By-law, the
minimum rear yard shall be 15.24 metres and no inground swimming pool
shall be permitted within such required rear yard.
R2 - 3 86, 88 Maple Drive, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (e) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-3" by this By-law, the
minimum rear yard shall be 15 metres.
PART 6
RESIDENTIAL ZONES
RES-30
R2 - 4 Lands Within Registered Plan No. 62M-591 and Lots 44-47
(Inclusive) within Registered Plan No. 62M-463, Schedule
"A", Map No. 7
By-law 5068-00 In addition to the provisions of Section 6.3.3 of the Single Residential "R2"
Zone, on those lands zoned "R2-4" by this By-law, no building or structure
except a fence shall be erected within 15.24 metres of lands zoned Open Space
"OS-3" Zone adjacent to the rear lot line and no building or structure except a
PART 6
RESIDENTIAL ZONES
RES-31
fence shall be erected upon these lands zoned Single Residential "R2-4" Zone
within 7.5 metres of those lands zoned Open Space "OS-1" Zone.
By-law 3863-93
R2 - 5
20-38 Shadeland Crescent, Schedule "A", Map No. 7
In addition to the provisions of Section 6.3.3 of the Single Residential "R2" Zone,
on those lands zoned "R2-5" by this By-law, no development except a fence and
no building or structure, shall be constructed within 15 metres of the lands zoned
Open Space "OS-1" Zone. For the purpose of this exemption, "development"
means any action that alters the inherent physical characteristics of the land
in question, including the placement of any fill, or action that disturbs in any way
the soil, trees or other vegetation on such lands, but the provisions of this section
are not to be construed as preventing the carrying out of public works on behalf
of the Corporation, Regional or Provincial governments, the Hamilton Region
Conservation Authority or the Niagara Escarpment Commission within the limits
of their respective Acts and the regulations adopted pursuant thereto.
R2 - 6(H) Lands to the Rear of 1307 Highway No. 8, Schedule "A", Map
No. 9
The "H" symbol may be removed from those lands zoned "R2-6(H)" by this
By-law at such time as the following conditions are satisfied:
1.
A subdivision agreement or modified subdivision agreement has been
entered into by the owner with the Corporation; and
2. All relevant servicing requirements including storm drainage, water,
sanitary sewers and road design have been approved by the appropriate
engineering authorities having jurisdiction.
R2 - 7
South Side of Highland Road, West of First Road West,
Schedule "A", Map No. 16
In addition to the provisions of paragraph (c) of Section 6.3.3 of the Single
Residential "R2" Zone, on these lands zoned "R2-7" by this By-law, the
minimum front yard for any attached garage or carport or detached garage or
carport shall be 10 metres.
PART 6
RESIDENTIAL ZONES
RES-32
R2 - 8 218 King Street East, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (d) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-8" by this By-law, the
minimum side yard on one side of an interior lot, where no attached garage or
carport is provided, shall be 1.28 metres for the existing dwelling.
R2 - 9 Lands within Registered Plans 62M-377, 62M-391 and
62M-403, Schedule "A", Map No. 6
In addition to the provisions of Section 6.3.3 of the Single Residential "R2" Zone,
on those lands zoned "R2-9" by this By-law, no building or structure, except
a fence, shall be located within 7.5 metres of the toe of slope of the escarpment
or the top of the bank of the escarpment.
By-law 3863-93
R2 - 10
45 Green Road, Schedule "A", Map No. 6
In addition to the provisions of Section 6.3.3 of the Single Residential "R2" Zone,
on those lands zoned "R2-10" by this By-law, no dwelling or part thereof
shall be erected within 7.5 metes of those lands zoned Open Space "OS-3"
Zone. No building or structure except a fence and no development is to take
place on those lands zoned Open Space "OS-3" Zone. For the purpose of this
exemption, "development" means any action that alters the inherent physical
characteristics of the land in question, including the placement of any fill, or
action that disturbs in any way the soil, trees or other vegetation of such lands,
but the provisions of this section are not to be construed as preventing the
carrying out of public works on behalf of the Corporation, Regional or Provincial
governments, the Hamilton Region Conservation Authority or the Niagara
Escarpment Commission within the limits of their respective Acts and the
regulations adopted pursuant thereto. (By-law 3863-93)
R2 - 11 North of Highland Road, South of Paramount Drive, within
Lot 30, Concession 7, Schedule "A", Map No. 15
Notwithstanding the provisions of paragraphs (a) and (b) of Section 6.3.3 of
the Single Residential "R2" Zone, on those lands zoned "R2-11" by this
By-law, the minimum frontage shall be 11 metres for interior lots and 15
metres for corner lots and the minimum lot area shall be 335 square metres for
interior lots and 450 square metres for corner lots.
PART 6
RESIDENTIAL ZONES
RES-33
R2 - 12 Lands located on the East Side of East Street, North of
Baseline Road, Schedule "A", Map No. 4
Notwithstanding the provisions of paragraph (a) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-12" by this By-law, the
minimum lot area shall be 455 square metres.
R2 - 13 Creanona Boulevard, North of Baseline Road, Schedule
"A", Map No. 4
Notwithstanding the provisions of paragraph (a) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-13" by this By-law, the
minimum lot area shall be 450 square metres.
R2 - 14
West Side of Isaac Brock Drive North, North of Mud Street,
Schedule "A", Map No. 10
Notwithstanding the provisions of paragraph (b) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-14" by this By-law, the
minimum lot frontage shall be 14.5 metres.
R2 - 15 North of Mud Street, West of Second Road West, Schedule
"A", Map No. 10
In addition to the provisions of paragraph (c) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-15" by this By-law, the
minimum front yard adjacent to Highland Road and any other collector road shall
be 10 metres.
R2 - 16 16 Odessa Street, Schedule "A", Map No. 16
In addition to the uses permitted in Section 6.3.2 of the Single Residential
"R2" Zone, the building located on those lands zoned "R2-16" by this By-law
may also be used for a Child Care Centre having not more than 15 children in
attendance at any one time.
By-law 4894-99
R2 - 17(H)
Deleted by Zoning By-law No. 4894-99.
By-law 3863-93
R2 - 18
Deleted by Zoning By-law No. 3863-93.
PART 6
RESIDENTIAL ZONES
RES-34
By-law 3816-93
R2 - 19(H) Deleted by Zoning By-law No. 04-192.
By-law 04-192
R2 - 20
42 Shadeland Crescent, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraph (b) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-20" by this By-law, the
minimum lot frontage shall be 11.91 metres.
R2 - 21
11 DeMarchi Court, Block UU, Plan No. M-239, Schedule
"A", Map No. 6
Notwithstanding the provisions of paragraph (d) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-21" by this By-law, a minimum
7.62 metre yard from the toe of the escarpment is required.
R2 - 22
1-24 and 26-36 Maple Drive, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (c) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-22" by this By-law, the
minimum front yard shall be 14 metres.
R2 - 23
West Side of Jones Road, North of the North Service
Road, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (b) and (c) of Section 6.3.3 of
the Single Residential "R2" Zone, on those lands zoned "R2-23" by this
By-law, the minimum lot frontage shall be 15 metres and the minimum front
yard shall be 10 metres.
R2 - 24
West Side of Jones Road, North of the North Service Road,
Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (b), (c) and (d) of Section 6.3.3
of the Single Residential "R2" Zone, on those lands zoned "R2-24" by this
By-law, the minimum lot frontage shall be 18 metres, the minimum front yard
shall be 10 metres and the minimum southerly side yard shall be 3 metres.
By-law 3782-93 R2 - 25 Part of Lot 15, Concession 3, North Side of Heritage Drive,
approximately 50 metres east of Envoy Boulevard, Schedule
"A", Map No. 7
PART 6
RESIDENTIAL ZONES
RES-35
Notwithstanding the provisions of paragraphs (a) and (b) of Section 6.3.3 of
the Single Residential "R2" Zone, on those lands zoned "R2-25" by this
By-law, the minimum lot area shall be 420 square metres and the minimum lot
frontage shall be 14 metres.
By-law 3863-93
R2 - 26
North Side of Church Street, Part of Lot 21, Broken Front
Concession, Schedule "A", Map No. 1
Notwithstanding the provisions of paragraph (c) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-26" by this By-law, the
minimum front yard shall be 25 metres adjacent to Church Street.
By-law 3863-93
R2 - 27
Ontario Municipal Board Decision Reserved (Feb. 1/94)
R2 - 28
West Side of Jones Road, North of the North Service Road,
Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (b), (c) and (d) of Section 6.3.3
of the Single Residential "R2" Zone, on those lands zoned "R2-28" by this
By-law, the minimum lot frontage shall be 18 metres, the minimum front yard
shall be 10 metres and the minimum northerly side yard shall be 3 metres.
By-law 4061-94
R2 - 29
Part of Lot 27, Concession 8, Schedule "A", Map No. 16
Notwithstanding the provisions of paragraphs (a) and (b) of Section 6.3.3 of
the Single Residential "R2" Zone, on those lands zoned "R2-29" by this
By-law, the minimum lot area and minimum lot frontage for a corner lot shall be
465 square metres and 15 metres respectively, and the minimum lot frontage
for an interior lot shall be 14.5 metres.
By-law 4294-95
R2 - 30(H) East Side of Second Road West, north of Highland Road
West, Schedule "A", Map No. 16
The "H" symbol may be removed from those lands zoned "R2-30(H)" at such
time as the owner enters into a Development and Maintenance and Use
Agreement with the City of Stoney Creek.
By-law 4404-96
R2 - 31
West side of Gatestone Drive, south of Highbury Drive,
Schedule "A", Map No. 16
Notwithstanding the provisions of paragraph (c) of Subsection 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-31" by this By-law, the
PART 6
RESIDENTIAL ZONES
RES-36
minimum front yard for any garage or carport shall be 7.5 metres.
By-law 4405-96
R2 - 32
North side of Highland Road West, west of Second Road
West, Schedule "A", Map No. 15
Notwithstanding the provisions of paragraph (c) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-32" by this By-law, the
minimum front yard for a garage or carport shall be 10 metres.
By-law 4405-96
R2 - 33 North and South* side of Highland Road West, west of
By-law 4825-98*
Second Road West, Schedule "A", Map No. 15
Notwithstanding the provisions of paragraph (c) of Section 6.3.3 of the Single
Residential "R2" Zone on those lands zoned "R2-33" by this By-law, the
minimum front yard for a garage or carport shall be 7.5 metres.
By-law 4467-96
R2 - 34
Highland Road West, Schedule "A", Map No. 16
Notwithstanding the provisions of paragraph (b) of Subsection 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-34" by this By-law, the
minimum lot frontage for an interior lot shall be 14.5 metres.
By-law 4690-98
R2 - 35
208 Green Road, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (a) of Section 6.1.4 "Accessory
Buildings in Residential Zones", on those lands zoned "R2-35" by this By-law,
an accessory building may be located within .4 metres of the rear property line.
By-law 4742-98
R2 - 36
East of Winona Road, Schedule "A", Map No. 4
Notwithstanding the provisions of paragraph (a) of Subsection 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-36" by this By-law, the
minimum lot area for an interior lot shall be 450 square metres.
By-law 4742-98
R2 - 37
East of Winona Road, Schedule "A", Map No. 4
Notwithstanding the definition of "Lot Line - Front", on those lands zoned
"R2-37" by this By-law the lot line adjacent to the radius of the turnaround circle
shall be deemed to be a side lot line.
By-law 4662-97
R2 - 38
359 Highland Road West, Schedule "A", Map No. 15
Notwithstanding the provisions of paragraph (b) of Section 6.3.3 of the Single
PART 6
RESIDENTIAL ZONES
RES-37
Residential "R2" Zone, on those lands zoned "R2-38" by this By-law, the
minimum lot frontage shall be 14.5 metres.
PART 6
RESIDENTIAL ZONES
RES-38
By-law 4662-97
R2 - 39(H) 359 Highland Road West, Schedule "A", Map No. 15
Notwithstanding the provisions of paragraph (b) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-39(H)" by this By-law, the
minimum lot frontage for an interior lot shall be 14.5 metres. In addition to Section
3.8 "Holding Zones" of this By-law, the Holding "(H)" provision may be removed
upon the approval of a draft plan of subdivision by the Commissioner of the
Regional Environment Department for those lands zoned "R2-39(H)" by this By-
law.
By-law 4662-97
R2 - 40(H) 353 Highland Road West, Schedule "A", Map No. 15
In addition to Section 3.8 "Holding Zones" of this By-law, the Holding "(H)"
provision may be removed upon the approval of a draft plan of subdivision by
the Commissioner of the Regional Environment Department for those lands
zoned "R2-40(H)" by this by-law.
By-law 4916-4920/99 R2 - 41 West of Fifty Road, North of Baseline Road, Schedule "A", Map
No. 4
Notwithstanding the provisions of paragraph (c) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-41" by this By-law, the
minimum front yard shall be 7.5 metres.
By-law 5001-99
R2 - 42
Part of Lot 4, Concession 2, Schedule "A", Map No. 9
Notwithstanding the provisions of paragraph (b) of Section 6.3.3, on those
lands zoned "R2-42" by this By-law, the minimum lot frontage for a corner lot
shall be 15.75 metres.
By-law 5001-99
R2 - 43 (H) Deleted by By-law No. 01-051 - May 29, 2001
By-law 5030-99
R2 - 44
Gatestone Drive, Schedule "A", Map No. 16
Notwithstanding the provisions of paragraph (c) of subsection 6.3.3 "Zone
Regulations" of the Single Residential "R2" Zone, on those lands zoned "R2-44"
by this By-law, the minimum front yard shall be 7.5 metres.
By-law 4915-99
R2 - 45
Part of Lot 2, Broken Front Concession, Schedule "A",
OMB Order
Map No. 4
Nov. 4, 1999
Notwithstanding the provisions of paragraphs (a), (c), (d), (e), (f) and (g) of
Section 6.3.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands
zoned "R2-45" by this By-law, the following shall apply:
PART 6
RESIDENTIAL ZONES
RES-39
(a) Minimum Lot Area
Interior Lot
-
350 square metres
Corner Lot
-
400 square metres
(c) Minimum Front Yard
-
3 metres, except 5.8 metres to an
attached garage or attached carport.
Maximum Front Yard
- 4.5 metres, except 6.3 metres to an attached
garage or attached carport.
(d) Minimum Side Yard - No part of any dwelling shall be located closer than
1.2 metres, except as provided in clauses (i), (ii) and (iii) below:
By-law 5136-00
(i)
The minimum side yard on the side of the dwelling containing an
attached garage or attached carport may be .9 metres except for a
side yard which abuts a flankage street;
(ii)
On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres;
and
(iii) On a corner lot, the side yard abutting the flankage lot line shall be a
minimum of 3 metres and a maximum of 4.5 metres, except that an
attached garage or attached carport shall not front on the flankage
street.
(e) Minimum Rear Yard
- 7 metres
(f) Maximum Building Height
- 12.6 metres
(g) Maximum Lot Coverage
- None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply:
Any lot located at the intersection of two or more roads will require a minimum
yard to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5
metres for a porch, including porch foundation walls; and, 0.0 metres for eaves or
gutters.
PART 6
RESIDENTIAL ZONES
RES-40
By-law 5213-00
R2 - 46
20 Highland Road West, Schedule "A", Map No. 16
In addition to the provisions of paragraph (c) of Section 6.3.3 of the Single
Residential "R2" Zone, on those lands zoned "R2-46" by this By-law, the
minimum front yard for any attached garage or attached carport shall be 10
metres.
By-law 01-286
R2 - 47
32 MacDui Drive, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraphs (d)(1) and (f) of Subsection
6.3.3 of Zoning By-law No. 3692-92, the following shall apply:
(d)(1) An attached garage may be erected at a distance of not less than 4
metres from those lands zoned Open Space "OS-6" Zone; and
(f) The maximum building height shall be 8.25 metres.
By-law 02-004
R2 - 48
Silverlace Circle, Schedule "A", Map No. 9
Notwithstanding the provisions of paragraph (a) of Subsection 6.3.3 of Zoning
By-law No. 3692-92, the minimum lot area for a corner lot shall be 495 square
metres.
By-law 02-023
R2 - 49
11 Shoreline Road, Schedule "A", Map No. 3
Notwithstanding the provisions of paragraphs (d) and (e) of Subsection 6.3.3
of Zoning By-law 3692-92, the following shall apply:
(i)
A minimum side yard of three (3) metres shall be provided and
maintained on one (1) side; and,
(ii) No building or structures shall be permitted within twenty (20) metres
from the rear lot line.
By-law 03-050
R2 - 50
Southeast Corner of Copes Lane and Jones Road, Schedule
"A", Map No. 2
Notwithstanding the provisions of Paragraphs (b), (c), (d) and (g) of Section
6.3.3 of Zoning By-law No. 3692-92, the following shall apply:
1.
Minimum Lot Frontage:
- 16.0 metres
2.
Minimum Front Yard:
- 4.5 metres, except 5.8 metres to an
attached garage or carport.
3.
Minimum Side Yard:
- No part of any dwelling shall be located
closer than 1.2 metres to a side lot line,
except that where no attached garage or
attached carport is provided, the minimum
PART 6
RESIDENTIAL ZONES
RES-41
side yard on one (1) side shall be 3.0 metres.
4.
Maximum Lot Coverage:
- 50 percent
By-law 03-217
R2 - 51
Lands located on the east side of Orr Crescent, Schedule "A",
Map No. 7
In addition to the provisions of Section 6.3.3 of the Single Residential "R2"
Zone, on those lands zoned "R2-51" by this By-law, no development,
including grading, shall occur within 7.5 metres, and no building or structure
shall be erected within 12.5 metres, of the lands zoned Open Space "OS-7"
Zone.
By-law 04-279
R2-52
North of Carla Avenue, West of Green Road, within Part of
OMB Order 2327
Lot 21, Concession 3, Schedule "A", Map No. 6
Sept. 2, 2005
Notwithstanding Section 6.3.2 of Zoning By-law No. 3692-92, the permitted
uses for each lot on these lands shall include only single detached dwellings and
semi-detached dwellings fronting onto a private road, generally as shown on
Schedule B attached to By-law No. 04-279.
Notwithstanding the provisions of Section 6.3.3 of Zoning By-law 3692-92,
the total number of dwelling units permitted on lands zoned "R2-52" shall be
12 semi-detached and 6 single detached dwellings.
Notwithstanding the provisions of Paragraphs (a), (b), (d), (e), and (g) of Section
6.3.3 of the "Zone Regulations" of the Single Residential "R2" Zone on those
lands zoned "R2-52" by this By-law, the following shall apply:
(a)
Minimum Lot Area
- 4,000 square metres
(b) Minimum Lot Frontage
- 20 metres
(d) Minimum Side Yard
- 7.5 metres
(e)
Minimum Rear Yard
- 3 metres
(g) Maximum Lot Coverage - 30 %
(h) Minimum Distance between Buildings on the Same Lot - 2 metres,
except 15 metres between an end wall and a front wall.
(i)
Privacy Area - Notwithstanding the yard requirement above, each unit
shall have at least one area which serves as a privacy area which is adjacent
to the dwelling unit and shall have a minimum depth of 6 metres.
PART 6
RESIDENTIAL ZONES
RES-42
(j)
Minimum Landscaped Open Space:
1.
Not less than 50 percent of the lot area shall be landscaped
including the privacy areas.
2.
Not less than 1.5 metres of landscaped strip shall be provided
adjacent to any lot line, including sidewalks.
3.
A landscaped strip having a minimum width of 4.5 metres shall be
provided adjacent to every portion of any lot that abuts a street except
for points of ingress and egress.
(k) No vehicular access to the lands to the north shall be permitted.
Notwithstanding the regulations of 6.3.4 "Regulations for Parking", the
following shall apply:
1. Two (2) parking spaces plus 0.5 visitor parking spaces shall be provided
per dwelling unit. Tandem parking is permitted for non-visitor parking
spaces.
2.
No common parking space shall be located closer than 3 metres from a
zone for single detached, semi-detached or duplex dwellings or 5 metres
to any dwelling unit located on a lot other than said lot, or 3 metres to
any dwelling unit located on the same lot.
3. No required parking spaces shall be permitted in the required front yard.
4.
No non-visitor parking spaces shall be located closer than 1.5 metres to
any lot line.
5.
No parking spaces shall be permitted within 35 metres of Carla Avenue,
except for a maximum of two (2) spaces in association with a single family
dwelling that fronts onto Carla Avenue.
By-law 05-007
R2 - 53
Part of Lots 11 and 12, Broken Front Concession, Schedule
"A", Map No. 2
In addition to the regulations of Section 4.19 "Yard Encroachments", porches and
balconies, including porch foundation walls, may project 1.5 metres into the
required flankage yard. All other provisions of the "R2-45" Zone shall apply.
By-law 07-290
R2 - 54
38, 42 and 56 Copes Lane, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (b), (c) and (g) of Subsection
6.3.3 of the Single Residential "R2" Zone, on lands zoned "R2-54" by this
By-law, the following shall apply:
PART 6
RESIDENTIAL ZONES
RES-43
(b)
(c)
Minimum Lot Frontage
Minimum Front Yard
- 19.5 metres
- 4.5 metres, except
5.8 metres to an attached garage or carport
where the garage door or entrance to a
carport faces a street
(g)
Maximum Lot Coverage - 45 percent for two-storey dwellings, and
50 percent for one-storey dwellings
In addition to the provisions of Section 6.3.3 (d) of the Single Residential
"R2" Zone, on those lands zoned "R2-54" by this By-law, no part of any second
floor elevation or higher shall be located closer than 2.0 metres to a Rural
Residential "RR" Zone.
Notwithstanding the provision of Section 4.13.1 "Special Setbacks - Daylight
Triangles", and paragraph (d) of Section 4.19.1 "Yard Encroachments - General
Application" on those lands zoned "R2-54" by this By-law, the following shall
apply:
-
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 2.0 metres for
a building and 1.5 metres for balconies, canopies unenclosed porches and
decks, including a cold cellar underneath same. Balconies, canopies,
unenclosed porches and decks, including a cold cellar underneath same, may
NOT project into any required front yard. Balconies, canopies, unenclosed
porches and decks may project into any required rear yard not more than 4
metres. Notwithstanding the foregoing, any deck or patio which is less
than 0.3 metres in height may be located in any required yard.
By-law 07-180
R2 - 55
17 Shoreline Drive, Schedule "A", Map No. 3
Notwithstanding the provisions of paragraphs (b) and (d) of Subsection 6.3.3
of the Single Residential "R2" Zone, on those lands zoned "R2-55" by this
By-law, the following shall apply:
(b) Minimum lot frontage shall be 14.7 metres;
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.5 metres, except as provided in clauses 1, 2, and 3 below:
1.
No part of any dwelling shall be located closer than 1.25 metres
from the easterly and westerly boundary of Blocks "1" and "2";
PART 6
RESIDENTIAL ZONES
RES-44
2.
An attached garage or attached carport may be erected at a
distance of not less than 1 metre from the easterly and westerly
boundary of Blocks "1" and "2"; and,
3.
Where no attached garage or attached carport is provided, the
minimum side yard on one side shall be 3 metres.
Notwithstanding the provision of Section 4.14 "Swimming Pools and Hot
Tubs", on those lands zoned "R2-55" by this By-law, the following shall
apply:
Above ground pool - 1.5 metres from the outside edge of the pool wall
or deck to a lot line; except 1.25 metres from the outside edge of the
pool wall or deck to the easterly and westerly boundary of Blocks "1" and
"2";
Inground pool - 1.5 metres from the water's edge to a lot line; except
1.25 metres from the water's edge to the easterly and westerly boundary
of Blocks "1" and "2".
Notwithstanding the provisions of paragraphs (a), (c), (d), (e), (f), (g), (h), and
(i) of Subsection 4.19.1 of "Yard Encroachments" Section 4.19, on those
lands zoned "R2-55" by this By-law, every part of any required yard shall be
open and unobstructed by any structure from the ground to the sky, except for
the side yards adjacent to the easterly and westerly boundary of Blocks "1"
and "2", which shall adhere to the provisions of paragraphs (a), (b), (c), (d), (e),
(f), (g), (h), and (i) of Subsection 4.19.1 of "Yard Encroachments" Section
4.19.
Notwithstanding the provision of paragraph (a) of Subsection 6.1.4
"Accessory Buildings in Residential Zones", on those lands zoned "R2-55"
by this By-law, the following shall apply:
(a)
An accessory building may be located in any yard except the front yard,
and shall be located a minimum of 8 metres from the front lot line, 1.5
metres from any side lot line, and the maximum building height shall be
4.5 metres; except that an accessory building may be erected at a distance
of not less than 0.5 metres from the easterly and westerly boundary of
Blocks "1" and "2".
By-law 07-290
R2 - 56
38, 42 and 56 Copes Lane, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (b), (c) and (g) of Subsection
PART 6
RESIDENTIAL ZONES
RES-45
6.3.3 of the Single Residential "R2" Zone, on lands zoned "R2-56" by this
By-law, the following shall apply:
(b)
Minimum Lot Frontage
- 22.8 metres;
(c)
Minimum Front Yard
- 4.5 metres, except
5.8 metres to an attached garage or
carport where the garage door or
entrance to a carport faces a
street;
(g)
Maximum Lot Coverage
- 45 percent for two-storey
dwellings, and
50 percent for one-storey
dwellings.
In addition to the provisions of Section 6.3.3 (d) of the Single Residential
"R2" Zone, on those lands zoned "R2-56" by this By-law, no part of any second
floor elevation or higher shall be located closer than 2.0 metres to a Rural
Residential "RR" Zone.
Notwithstanding the provision of Section 4.13.1 "Special Setbacks - Daylight
Triangles", and paragraph (d) of Section 4.19.1 "Yard Encroachments - General
Application" on those lands zoned "R2-56" by this By-law, the following shall
apply:
-
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 2.0 metres for a
building and 1.5 metres for balconies, canopies unenclosed porches and
decks, including a cold cellar underneath same. Balconies, canopies,
unenclosed porches and decks, including a cold cellar underneath same,
may NOT project into any required front yard. Balconies, canopies,
unenclosed porches and decks may project into any required rear yard not
more than 4 metres. Notwithstanding the foregoing, any deck or patio which
is less than 0.3 metres in height may be located in any required yard.
By-law 07-290
R2 - 57
38, 42 and 56 Copes Lane, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (b), (c) and (g) of Subsection
6.3.3 of the Single Residential "R2" Zone, on lands zoned "R2-57" by this
By-law, the following shall apply:
PART 6
RESIDENTIAL ZONES
RES-46
(b)
Minimum Lot Frontage
- 15.0 metres;
(c)
Minimum Front Yard
- 4.5 metres, except
5.8 metres to an attached garage or
carport where the garage door or
entrance to a carport faces a
street;
(g)
Maximum Lot Coverage
- 45 percent for two-storey
dwellings, and
50 percent for one-storey
dwellings.
Notwithstanding the provision of paragraph (d) of Section 4.19.1 "Yard
Encroachments - General Application" on those lands zoned "R2-57" by this
By-law, the following shall apply
(d) Balconies, canopies, unenclosed porches and decks, including a cold
cellar underneath same, may NOT project into any required front yard.
Balconies, canopies, unenclosed porches and decks may project into any
required rear yard not more than 4 metres. Notwithstanding the foregoing,
any deck or patio which is less than 0.3 metres in height may be located in
any required yard.
By-law 07-290
R2 - 58
38, 42 and 56 Copes Lane, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (b), (c) and (g) of Subsection
6.3.3 of the Single Residential "R2" Zone, on lands zoned "R2-58" by this
By-law, the following shall apply:
(b)
Minimum Lot Frontage
- 21.0 metres;
(c)
Minimum Front Yard
- 4.5 metres, except
5.8 metres to an attached garage or
carport where the garage door or
entrance to a carport faces a
street;
(g)
Maximum Lot Coverage
- 45 percent for two-storey
dwellings, and
50 percent for one-storey
dwellings.
In addition to the provisions of Section 6.3.3 (d) of the Single Residential
"R2" Zone, on those lands zoned "R2-58" by this By-law, no part of any second
floor elevation or higher shall be located closer than 2.0 metres to a Rural
Residential "RR" Zone.
PART 6
RESIDENTIAL ZONES
RES-47
Notwithstanding the provision of paragraph (d) of Section 4.19.1 "Yard
Encroachments - General Application" on those lands zoned "R2-58" by this
By-law, the following shall apply:
(d) Balconies, canopies, unenclosed porches and decks, including a cold
cellar underneath same, may NOT project into any required front yard.
Balconies, canopies, unenclosed porches and decks may project into any
required rear yard not more than 4 metres. Notwithstanding the foregoing,
any deck or patio which is less than 0.3 metres in height may be located in
any required yard.
By-law 08-115
R2 - 59
61-65 King Street West, Schedule "A", Map No. 5
In addition to the provisions of Section 6.3.3 of the Single Residential "R2"
Zone, on those lands zoned "R2-59" by this by-law, the following shall apply:
(h) Garage Projections and Coverage
1.
The front face of a garage may not project beyond the front face
of the main building. For the purpose of this exemption, "front
face of the main building" means the wall of the dwelling
nearest the front lot line.
2.
The garage shall not exceed a maximum coverage of 40% of the
front façade of the dwelling.
By-law 12-147
R2 - 60
76 Creanona Boulevard, Schedule "A", Map No. 4
Notwithstanding the provisions of paragraphs (e) of Subsection 6.3.3 of the
Single Residential "R2" Zone, on lands zoned "R2-60" by this By-law, the
following shall apply:
(e) Minimum Rear Yard - 6.7 metres
By-law 13-130
R2-61
339 & 347 Fifty Road and 1317 & 1329 Barton Street, Schedule
(OMB Approval)
"A", Map No. 9
Notwithstanding the provisions of Paragraphs (c) of Section 6.3.3, of Zoning By-law
No. 3692-92, on those lands zoned "R2-61" by this By-law, the following shall
apply:
(c)
Minimum Front Yard:
4.5m to the dwelling, except 6.0m to an
attached garage.
PART 6
RESIDENTIAL ZONES
RES-48
By-law 13-183
R2-62
528 Jones Road, Schedule "A", Map No. 2
By-law 14-183
By-law 15-063
For the purpose of this By-law, a Common Element Condominium road shall be
(OMB Approval)
deemed to be a street.
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e) and (g) of
Section 6.3.7 "Zone Regulations", on those lands zoned "R2-62" by this By-law,
the following shall apply:
(a)
Minimum Lot Area
380 sq. m.
(b)
Minimum Lot Frontage
12m measured 7.5m from the front lot
line.
(c)
Minimum Front Yard
4.5m to the dwelling and 6.0m to the
garage door. Where a front yard
abuts a common element block the
front yard setback to the dwelling will
be 2.0m.
(d)
Minimum Side Yard
1.25m for an interior and flankage
yard, except 0.6m where a southerly
side yard abuts a common element
condominium block that abuts Copes
Lane. A 0.6m minimum side yard
shall only be permitted on the side
yard of the dwelling that does not
contain an attached garage.
(e)
Minimum Rear Yard
7.5m, except as provided in Clauses 1,
2, and 3 below:
(1)
On a lot that abuts Lake
Ontario, a minimum 7.5m
setback shall be provided and
maintained from a
Conservation/Hazard Land (P5)
Zone that is not a common
element condominium block;
(2)
On a lot that abuts Lake Ontario
and also abuts a common
element condominium block
along a rear lot line, a minimum
rear yard of 1.25m shall be
provided and maintained; and,
PART 6
RESIDENTIAL ZONES
RES-49
(3)
On a lot that does not abut Lake
Ontario, but does abut a
common element condominium
block along a rear lot line, a
minimum rear yard of 4.5m
shall be provided and
maintained.
(f)
Maximum Building Height
11 metres, except:
(i)
on the lands, the extent and
boundaries of which are Block 2
shown on a plan hereto annexed
as Schedule "B", 11 metres but
only 2 ½ storeys shall be
permitted;
(ii)
on the lands, the extent and
boundaries of which are Block 1
shown on a plan hereto annexed
as Schedule "B", 9 metres but
only 2 storeys shall be
permitted.
(g)
Maximum Lot Coverage
62 percent
In addition to the parking provisions of Section 6.3.4 of the R2 Zone, 7 on-street
visitor parking spaces will be provided on the Common Element Condominium
Road.
Notwithstanding the provisions of paragraph (b) of Section 4.10.3 "Dimensions
of Parking Spaces", on those lands zoned "R2-62" by this By-law, the following
shall apply:
Each parallel parking space shall have a minimum width of 2.4m and a minimum
length of 6.7m. End spaces which have a clear, unobstructed approach, shall
have a minimum length of 5.5m.
By-law 13-240
R2-63
1297 Baseline Road, Schedule "A", Map No. 4
That notwithstanding the provisions of Paragraphs (b) and (d) of Section 6.3.3
"Zone Regulations", of Section 6.3, Single Residential "R2" Zone, of Zoning By-
law No. 3692-92, on those lands zoned "R2-63" by this By-law, the following
shall apply:
(b)
Minimum Lot Frontage
Interior Lot:
14.9m.
(d)
Minimum Side Yard:
1.2m on the garage side and
PART 6
RESIDENTIAL ZONES
RES-50
0.8m on the non-garage side,
subject to a maintenance
easement registered on title for any
minimum side yard that is less than
1.2m, with said maintenance
easement permitting encroachment for
maintenance purposes only for no
more than 0.8m into the side yard of
the lot adjacent the yard with a side
yard setback less than 1.2m, except:
On a lot where an emergency spillway
/ overland flow route shall be located
or where back to front drainage is
proposed, a minimum 2.0m side yard
separation between buildings shall be
provided and maintained between
buildings along one common lot line.
That notwithstanding the provisions of Paragraph (b) of Section 4.10.3
"Dimensions of Parking Spaces" of Section 4.10, Parking Regulations and
Paragraph (d) of Section 6.1.8 "Parking Restrictions in Residential Zones" of
Section 6.1, General Provisions for All Residential Zones, of Zoning By-law No.
3692-92, on those lands zoned "R2-63" by this By-law, the following shall
apply:
The minimum parking spaces dimension within a garage shall have a width of
not less than 5.6m and a length of not less than 6m, exclusive of any land used to
permit ingress or egress to said parking spaces, maneuvering areas, driveways, or
aisles.
By-law 18-086 R2-64 175 Margaret Avenue, Schedule "A", Map No. 6
Notwithstanding the provisions of Paragraphs (a), (c), & (d) of Section 6.3.3
"Zone Regulations" of Zoning By-law No. 3692-92, the following shall apply to
the lands identified as Block 2 on Schedule "A" for the dwelling existing at the
date of the passing of this By-law:
a) Minimum Lot Area 420.0 metres
c) Minimum Front Yard 4.75 metres
d) Minimum Side Yard (North) 1.0 metres
Notwithstanding Section 4.16 an air conditioner shall be permitted within the
northerly side yard, not closer than 0.4 metres from the northerly lot line.
PART 6
RESIDENTIAL ZONES
RES-51
Notwithstanding the provisions of Paragraph (a) of Section 4.19 a bay window may
project into the front yard not more than 0.6 metres.
Notwithstanding the provisions of Paragraph (d) of Section 4.19 an unenclosed
porch may project into the front yard not more than 2.7 metre.
By-law 19-011 R2-65 90 Creanona Boulevard, Schedule "A" Map No. 4
(i) Notwithstanding the provisions of Subsections 6.3.2 and 6.3.5 "Zone
Regulations of the Single Residential R2 Zone, on those lands zoned Single
Residential R2-65" Zone, Modified (Block 3), only the accessory building
existing on the date of the passing of the By-law shall be permitted.
(ii) Notwithstanding the provisions of Paragraph (e) of Subsection 6.3.3 of the
Single Residential R2 Zone on those lands zoned Single Residential "R2-
65" Zone, Modified (Block 4), the single detached dwelling existing on the date
of the passing of the By-law shall be permitted.
By-law 20-174 R2-66 42, 44, 48, 52 and 54 Lakeshore Drive, Schedule "A" Map No. 2
For the purpose of this By-law, a common element condominium road shall be
deemed to be a street, a condominium unit shall mean a vacant land condominium
unit within a draft approved or registered plan of vacant land condominium, and the
rear lot line shall be the northern boundary of the Single Residential "R2-66" Zone,
Modified.
No direct access shall be provided to individual dwelling units from Watershore
Drive, with the exception of a common element condominium road.
Notwithstanding the provisions of Section 6.3.3 of Zoning By-law 3692-92, the total
number of dwelling units permitted on lands zoned "R2-66" shall be 28 single
detached dwellings.
Notwithstanding the provisions of Paragraphs (a), (b), (c) and (d) of Subsection 6.3.3
of Section 6.3, Single Residential "R2" Zone, on those lands zoned "R2-66" by this
By-law, the following shall apply:
(a)
Minimum Lot Area -
2.4 hectares
(b)
Minimum Lot Frontage -
152.0 metres
(c)
Minimum Front Yard -
3.0 metres
(d)
Minimum Side Yard -
7.5 metres, except for a condominium unit
PART 6
RESIDENTIAL ZONES
RES-52
which has a rear lot line abutting Lake
Ontario, the minimum side yard shall be
1.25 metres.
(h)
Minimum Setback from a
Common Element
Condominium Road -
6.0 metres, except:
1. On a corner unit, the minimum side yard
abutting the flankage lot line shall be 3.0
metres, except that an attached garage or
attached carport which fronts on the
flankage lot line shall not be located
within 6.0 metres of the flankage lot
line. For the purpose of this subsection
only, corner unit shall have the same
meaning as a corner lot except that the
meaning of street shall only be the
common element condominium road.
(i)
Minimum Distance between
Buildings on the Same Lot - 2.5 metres, except:
1. 15.0 metres between end walls.
2. 9.0 metres between a side wall and an
end wall, except where a dwelling has
two façades fronting a common element
condominium road but is not a corner
unit as defined in (h) above, the other
two façades shall be considered to be
side walls with a minimum distance
between buildings of 2.5 metres.
Notwithstanding the foregoing, features
may project into the minimum distance
between buildings in accordance with the
provisions of Section 4.19 of this By-law.
For each condominium unit, the following regulations shall apply:
(j)
Unit Area
Minimum -
410 square metres
Maximum -
2,200 square metres
(k)
Unit Frontage
PART 6
RESIDENTIAL ZONES
RES-53
Minimum -
9.8 metres
Maximum -
23.2 metres
(l)
Site Plan Approval -
The location of a dwelling on each
condominium unit shall be within the
minimum setbacks and distance between
buildings as delineated on the approved
Site Plan, pursuant to Section 41 of the
Planning Act.
PART 6
RESIDENTIAL ZONES
RES-54
SECTION 6.4
SINGLE RESIDENTIAL "R3" ZONE
6.4.1
Scope
No person shall within any Single Residential "R3" Zone, use any land or
erect, alter or use any building or structure, except in accordance with the
following provisions:
6.4.2
Permitted Uses For Each Lot
(a) A single detached dwelling
(b) Uses, buildings or structures accessory to a permitted use
(c) A Home Occupation
By-law 22-196
(d)
In addition to the uses permitted in Section 6.4.2 (a), (b), and (c), on a lot
identified on Figure 1 of Part 15: Special Figures, the following additional
uses are permitted:
1.
A Semi-Detached Dwelling
2.
A Duplex
3.
Street Townhouses
6.4.3
Zone Regulations For The Use Permitted Under Section 6.4.2 (a)
By-law 22-196
(a) Minimum Lot Area
Interior Lot
-
370 square metres
Corner Lot
-
425 square metres
(b) Minimum Lot Frontage
Interior Lot
-
12 metres
Corner Lot
-
13.75 metres
(c) Minimum Front Yard - 6 metres
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.25 metres except as provided in clauses 1, 2 and 3 below:
By-law 3863-93 1. An attached garage or attached carport may be erected at a distance
of not less than 1 metre from a side lot line which does not abut a
flankage street;
2. On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
PART 6
RESIDENTIAL ZONES
RES-55
3. On a corner lot, the minimum side yard abutting the flankage lot line
shall be 3 metres, except that an attached garage or attached carport
which fronts on the flankage lot line shall not be located within 5.5
metres of the flankage lot line.
(e) Minimum Rear Yard - 7.5 metres
By-law 5068-00
(f)
Maximum Building Height -
11 metres
6.4.3.1
By-law 22-196
Zone Regulations For Uses Permitted Under Section 6.4.2 (d)
(a) Semi-detached dwelling shall comply with the provisions of Sections 6.6.3,
6.6.4, 6.6.5, 6.6.5.1, 6.6.5.2, and 6.6.6.
(b) Duplex dwellings shall comply with the provisions of Sections 6.4.3, 6.7.4,
6.7.5, 6.7.6, 6.7.6.1, and 6.7.6.2.
(c) Street townhouse dwellings shall comply with the provisions of Sections 6.9.3,
6.9.4, 6.9.5, and 6.9.5.1.
PART 6
RESIDENTIAL ZONES
RES-56
(g) Maximum Lot Coverage - 40 percent
6.4.4
Regulations For Parking For The Use Permitted Under Section 6.4.2 (a)
By-law 22-196
Minimum number of parking spaces - 2 per dwelling of which only one may
be provided in the required front yard. Tandem parking is permitted.
6.4.5
Regulations For Accessory Building
Accessory buildings are permitted in accordance with Section 4.5 and 6.1.4.
6.4.6
Regulations For Home Occupations
Home occupations are permitted in accordance with Section 4.8.
6.4.6.1
Regulations for Secondary Dwelling Units and Secondary Dwelling Units -
Detached
Secondary Dwelling Units and Secondary Dwelling Units -
Detached are permitted in accordance with Section 6.1.7.
6.4.6.2
By-law 22-196
Regulations For Converted Dwellings
Converted dwellings are permitted in accordance with Section 6.1.7.3."
6.4.7
Special Exemptions
R3 - 1 140 Glenashton Drive, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (b), (c), (d) and (e) of Section
6.4.3 of the Single Residential "R3" Zone, on those lands zoned "R3-1" by this
By-law, the following provisions shall apply; the minimum lot frontage shall
be 12 metres; the minimum front yard shall be 6 metres for an attached garage
and 12 metres for a dwelling unit; the minimum side yard shall be 1.25 metres
except where a dwelling has an attached garage or an attached carport; the portion
of the dwelling containing the attached garage or attached carport shall be erected
at a distance of not less than 7 metres from the southerly lot line and
1 metre from the northerly lot line, however, the northerly side yard shall be
1.25 metres when there are rooms above the attached garage or attached
carport. Where no attached garage or attached carport is provided, the minimum
side yard shall be 3 metres from the northerly side lot line.
PART 6
RESIDENTIAL ZONES
RES-57
R3 - 2 Deleted by By-law No. 3865-93
R3 - 3
North of Mud Street, West of Isaac Brock Drive North,
Schedule "A", Map No. 10
Notwithstanding the provisions of paragraphs (a) and (b) of Section 6.4.3 of
the Single Residential "R3" Zone, on those lands zoned "R3-3" by this By-law,
the minimum frontage shall be 11 metres for interior lots and 15 metres for corner
lots and the minimum lot area shall be 360 square metres for interior lots and
450 square metres for corner lots.
R3 - 4
Lots 1-52 (Inclusive), Lots 57-66 (Inclusive), Lot 67, Lots 71-75
(Inclusive) and Blocks 101, 105 and 130, Registered Plan No.
62M-645 (Harbours of Bayview Estates), Schedule "A", Map
No. 2
Notwithstanding the provisions of paragraphs (a) and (b) of the Single
Residential "R3" Zone on those lands zoned "R3-4" by this By-law, the minimum
lot frontage shall be 11 metres for interior lots and 12 metres for corner lots and
the minimum lot area shall be 360 square metres for interior lots and 400
square metres for corner lots.
R3 - 5
Northeast Corner of Rymal Road East and First Road West,
Schedule "A", Map No. 16
Notwithstanding the provisions of paragraph (c) of Section 6.4.3 of the Single
Residential "R3" Zone, on those lands zoned "R3-5" by this By-law, the
minimum front yard shall be 10 metres.
R3 - 6 216 Green Road, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (b) and (d) of Section 6.4.3 of
the Single Residential "R3" Zone on those lands zoned "R3-6" by this By-law,
the minimum lot frontage shall be 11.89 metres; the minimum southerly side
yard shall be .42 metres; and the minimum northerly side yard shall be 3
metres, but if an attached garage or attached carport is provided the minimum
northerly side yard shall be 1.25 metres.
R3 - 7(H) Repealed by By-law No. 3906-93
By-law 4147-95
R3 - 8
East side of Whitedeer Road, Schedule "A", Map No. 16
PART 6
RESIDENTIAL ZONES
RES-58
Notwithstanding the provisions of paragraphs (c) and (e) of Section 6.4.3 of
the Single Residential "R3" Zone on those lands zoned "R3-8" by this By-law
the minimum front yard shall be 7.5 metres and the minimum rear yard shall
be 20 metres.
By-law 4404-96
R3 - 9
West side of Gatestone Drive, north of Highbury Drive,
Schedule "A", Map No. 16
Notwithstanding the provisions of paragraph (c) of Subsection 6.4.3, Zone
Regulations of the Single Residential "R3" Zone, on those lands zoned "R3-9"
by this By-law, the minimum front yard for any garage or carport shall be 7.5
metres.
By-law 5068-00
R3 - 10
Part of Lot 29, Concession 7, Schedule "A", Map No. 15
Repealed by By-law No. 5068-00
By-law 4515-97
R3 - 11
North side of Highland Road West, Schedule "A", Map No. 16
In addition to the provisions of paragraph (c) of Section 6.4.3 of the Single
Residential "R3" Zone, on those lands zoned "R3-11" by this by-law, the
minimum front yard for any attached garage or carport, or any detached garage
or carport shall be 10 metres.
By-law 4915-99
R3 - 12
Part of Lot 2, Broken Front Concession, Schedule "A", Map
OMB Order
No. 4
Nov. 4, 1999
By-law 26-018-PED Notwithstanding the provisions of paragraphs (a), (c), (d), (e), (f) and (g) of
Section 6.4.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands
zoned "R3-12" by this By-law, the following shall apply:
(a)
Minimum Lot Area
Interior Lot
- 320 square metres
Corner Lot
- 350 square metres
(c)
Minimum Front Yard
- 3 metres, except 5.8 metres to an
attached garage or attached carport.
Maximum Front Yard
- 4.5 metres, except 6.3 metres to an
attached garage or attached carport.
(d)
Minimum Side Yard
- No part of any dwelling shall be
located closer than 1.2 metres, except as
provided in clauses (i), (ii) and (iii)
PART 6
RESIDENTIAL ZONES
RES-59
below:
By-law 5136-00 (i) The minimum side yard on the side of the dwelling containing
an attached garage or attached carport may be .9 metres except
for a side yard which abuts a flankage street;
(ii)
On an interior lot, where no attached garage or attached carport
is provided, the minimum side yard on one side shall be 3
metres; and
(iii)
On a corner lot, the minimum side yard abutting the flankage lot
line shall be a minimum of 3 metres and a maximum of 4.5 metres,
except that an attached garage or attached carport shall
not front on the flankage street.
(e)
Minimum Rear Yard
- 7 metres
(f)
Maximum Building Height
- 12.6 metres
(g)
Maximum Lot Coverage
- None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply:
Any lot located at the intersection of two or more roads will require a minimum
yard to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5
metres for a porch, including porch foundation walls; and, 0.0 metres for eaves
or gutters.
By-law 5031-99
R3 - 13
Part of Lot 18, Concession 2, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (f) and (g) of
Section 6.4.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands
zoned "R3-13" by this By-law, the following shall apply:
(a)
Minimum Lot Area
Interior Lot
- 280 square metres
Corner Lot
- 310 square metres
PART 6
RESIDENTIAL ZONES
RES-60
(b)
Minimum Lot Frontage
Interior Lot
- 12 metres
Corner Lot
- 13.2 metres
(c) Minimum Front Yard - 3 metres, except 5.3 metres to an attached garage
or attached carport.
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.2 metres to a side lot line, except as provided in clauses (i), (ii)
and (iii) below:
By-law 5136-00 (i) The minimum side yard on the side of the dwelling containing an
attached garage or attached carport may be .6 metres except for a
side yard which abuts a flankage street;
(ii)
On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 2.4 metres;
and
(iii)
On a corner lot, the minimum side yard abutting the flankage lot
line shall be 2.4 metres, except that an attached garage or attached
carport which fronts on the flankage street shall not be located
within 5.8 metres of the flankage lot line.
(f) Maximum Building Height - 12.6 metres
(g) Maximum Lot Coverage - None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
By-law 5030-99
R3 - 14
Gatestone Drive, Schedule "A", Map No. 15
Notwithstanding the provisions of paragraph (c) of subsection 6.4.3 "Zone
Regulations" of the Single Residential "R3" Zone, on those lands zoned "R3-
14" by this By-law, the minimum front yard shall be 7.5 metres.
By-law 01-117
R3 - 15
Jones Road & North Service Road, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraph (a) of subsection 6.4.3 of Zoning
By-law 3692-92, the minimum lot area shall be 419 square metres for a corner
lot.
PART 6
RESIDENTIAL ZONES
RES-61
By-law 03-100
R3 - 16
86 Second Road West, Schedule "A", Map No. 16
Notwithstanding the provisions of paragraph (d) of Section 4.19.1, Yard
Encroachments, of Zoning By-law 3692-92, on those lands zoned R3-16 by
this By-law, the unenclosed porch and stairs, existing at the date of the passing
of this By-law, are permitted and may project into the required southerly side
yard 0.45 metres.
By-law 04-235
R3 - 17
North Side of Hemlock Avenue, west of Ferris Park, between
Madoc Street and Valrose Drive, Schedule "A", Map. No. 6
Notwithstanding the provisions of paragraphs (c) and (e) of Section 6.4.3 of the
Single Residential "R3" Zone, on those lands zoned "R3-17" by this By-law, the
minimum front yard shall be 3 metres, except 5.8 metres to an attached garage or
attached carport, and the minimum rear yard shall be 7 metres.
By-law 06-136
Notwithstanding the provision of paragraph (g) of Section 6.4.3 of the Single
Residential "R3" Zone, on those lands zoned "R3-17" by this By-law, the
maximum lot coverage shall be 50 percent.
By-law 04-277
R3 - 18
Parts 2, 3 and 4, Plan 62R-16847, within Part of Lot 2, Broken
Front Concession, Schedule "A", Map No. 4
Notwithstanding the provisions of paragraph (a) of Section 6.4.3 of the Single
Residential "R3" Zone, on those lands zoned "R3-18" by this By-law, the
minimum lot area shall be 329 square metres.
By-law 03-320
R3 - 19(H) Northwest Corner of McNeilly Road and North Service Road,
Schedule "A", Map No. 3
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands
zoned "R3-19(H)" by this by-law, the Holding "H" Zone may be removed by
City Council and thereby give effect to the "R3" Zone provisions by enactment
of an amending By-law upon the approval of a noise study by the Director of
Development and Real Estate and the Ministry of Transportation of Ontario,
which study also addresses the design of a berm.
By-law 04-196
R3 - 20
Rear portion of 568 Highway No. 8, Schedule "A", Map No. 7
Notwithstanding Part 2, "Definitions", the easterly and westerly lot lines shall be
PART 6
RESIDENTIAL ZONES
RES-62
the rear lot line.
By-law 05-250
R3 - 21
359 Winona Road, Schedule "A", Map No. 3
By-law 06--089
Replaced with new site-specific regulations as set out in the Multiple
Residential "RM2-12" Zone.
By-law 05-007
R3 - 22
Part of Lots 11 and 12, Broken Front Concession, Schedule
"A", Map No. 2
Notwithstanding the provisions of paragraph (d)(i) of Section 6.4.3 "Zone
Regulations" of Zoning By-law No. 3692-92, on those lands zoned "R3-22" by
this By-law, the minimum side yard on the side of the dwelling containing an
attached garage or attached carport may be 0.6 metres except for a side yard
which abuts a flankage street.
In addition to the regulations of Section 4.19 "Yard Encroachments", porches
and balconies, including porch foundation walls, may project 1.5 metres into the
required flankage yard. All other provisions of the "R3-12" Zone shall apply.
By-law 05-121
R3 - 23
Candlewood Drive within "Deerfield Estates Addition",
Schedule "A", Map No. 16
Notwithstanding the provisions of paragraph (g) of Subsection 6.4.3 of the Single
Residential "R3" Zone, on those lands zoned "R3-23" by this By-law, the
maximum lot coverage shall be 45%.
By-law 05-161
R3 - 24 500 Glover Road, Schedule "A", Map No. 3
By-law 05-255
Notwithstanding the provisions of Section 6.4.3, on those lands zoned "R3-24" by
this By-law a minimum rear yard of 6.23 metres shall be provided and
maintained for only the single detached dwelling existing on the lands as of the
date of the passing of By-law No. 05-161 on June 15, 2005.
PART 6
RESIDENTIAL ZONES
RES-63
By-law 05-236
R3 - 25
Rear of the property located at 24 Second Road West,
Schedule "A", Map No. 16
Notwithstanding the provisions of Paragraph (d)(3) of Subsection 6.4.3 Zone
Regulations, of the Single Residential "R3" Zone, and Subsection 4.13.1, on
those lands zoned "R3-25" by this By-law, a minimum flankage side yard of
1.25 metres shall be provided except that an attached garage or attached
carport shall not be located within 5.5 metres of the flankage lot line, and a
minimum yard of 1.25 metres from the hypotenuse of the daylight triangle
shall be provided where the road allowance width of Gatestone Drive is 26
metres.
By-law 05-349
R3-26
45 Seabreeze Crescent, Schedule "A", Map No. 3
Notwithstanding the provisions of Paragraphs (a) and (c) of Section 6.4.3 of
the Single Residential "R3" Zone, for those lands zoned "R3-26" by this By-
law, the following shall apply:
(a) Minimum Lot Area
Interior Lot
- 360 square metres
(c) Minimum Front Yard - 4.5 metres, except
6 metres to an attached garage
By-law 06-156
R3-27
500 Glover Road, Schedule "A", Map No. 3
Notwithstanding the provisions of paragraph (a) of Subsection 6.4.3 Zone
Regulations, of the Single Residential "R3" Zone, on those lands zoned "R3-
27" by this By-law, a minimum interior lot area of 350 square metres shall be
provided and maintained.
By-law 07-027
R3-28
2099 and 2105 Rymal Road East, Schedule "A", Map No. 16
Notwithstanding the definition of Rear Lot Line as contained in Part 2
Definitions, the most westerly lot line, running north-south, within the lands
zoned "R3-28" shall be deemed to be a Side Lot Line.
By-law 08-242
R3-29
516 and 520 Fifty Road, Schedule "A", Map No. 14
PART 6
RESIDENTIAL ZONES
RES-64
Notwithstanding the provisions of Paragraph (a) of Subsection 6.4.3 of the
Residential "R3" Zone, on those lands zoned "R3-29" by this by-law, the
minimum lot area for an interior lot shall be 350 square metres.
By-law 11-094 (OMB) R3-30
1211, 1217, 1227 and 1239 Barton Street, Schedule "A", Map
No. 3
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e) and (g) of
Subsection 6.4.3 of the Single Residential "R3" Zone, on those lands zoned
"R3-30" by this By-law, the following shall apply.
(a)
Minimum Lot Area
- 250 square metres, except 270
square metres for a corner lot
(b)
Minimum Lot Frontage
- 10 metres
(c)
Minimum Front Yard
- 4.5 metres to the dwelling, except
6.0 metres to the garage
(d)
Minimum Side Yard
- 1.2 metres, except:
1.
0.6 metres on the side of the dwelling with an attached garage;
2.
On a corner lot, the minimum side yard abutting the flankage street
shall be 2.4 metres, except that an attached garage which fronts on the
flankage street shall not be located within 6.0 metres of the flankage
street line.
(e)
Minimum Rear Yard
- 7.0 metres
(g)
Maximum Lot Coverage
- N/A
In addition to the regulations of Subsection 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
(a)
Covered porches may project into any required front yard a distance of
not more than 3.0 metres and 1.8 metres for a flankage yard;
(b)
Bay windows either with or without foundations may project into any
required front, rear, or flankage yards a distance of not more than 0.9 metres;
and,
PART 6
RESIDENTIAL ZONES
RES-65
(c)
Stairs may project into any required front yard a distance of not more than
4.5 metres.
By-law 10-044
R3-31
Blocks 75 and 78, Plan 62M-1057, Schedule "A", Map No. 4
Lands zoned Single Residential "R3-31" Zone shall be developed in
accordance with the regulations contained within the Single Residential "R3-
12" Zone, except for the following special provision:
(a)
On a corner lot, the side yard abutting the flankage lot line shall be a
minimum of 3 metres and a maximum of 5.5 metres, except that an attached
garage or attached carport shall not front on the flankage street.
By-law 10-272
R3-32
80 Creanona Boulevard, Schedule "A", Map No. 4
Notwithstanding the provisions of Paragraphs (c), (d) and (g) of Section 6.4.3
"Zone Regulations" of Zoning By-law No. 3692-92, on those lands zoned "R3-
32" by this By-law, the following shall apply:
(c)
Minimum Front Yard - 3.0 metres to the face of a dwelling and 5.8
metres to the face of the garage.
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.2 metres to a side lot line, except 0.6 metres on the side of the
dwelling containing an attached garage or attached carport, provided that
a maintenance easement is entered into between the owners of the
abutting lands and properly registered on title of each of the abutting lots.
(g)
Maximum Lot Coverage - 40 percent, except 45 percent for 1 storey
and/or bungalow dwelling units.
By-law 12-161
R3-33
220 Mud Street West, Schedule "A", Map No. 10
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (f), and (g) of
Sub-section 6.4.3 of the Single Residential "R3" Zone, on those lands zoned
"R3-33" by this By-law, the following shall apply:
(a) Minimum Lot Area:
250 square metres, except 270 square
metres for a corner lot.
(b) Minimum Lot Frontage:
10 metres, except 11.7metres for a
PART 6
RESIDENTIAL ZONES
RES-66
corner lot.
(c) Minimum Front Yard:
4.5 metres to the dwelling, except 6.0
metres to an attached garage.
(d) Minimum Side Yard:
1.2 metres on the garage side and 0.6
metres on the non-garage side, subject
to a maintenance easement registered
on title for any minimum side yard
that is less than 1.2 metres, with said
maintenance easement permitting
encroachment for maintenance
purposes only for no more than 0.6
metres into the side yard of the lot
adjacent the yard with a side yard
setback less than 1.2 metres. A 0.6
metre side yard setback shall not be
permitted adjacent to any side lot line
less than 1.2 metres.
Minimum Flankage Yard:
On a corner lot, the minimum side
yard abutting the flankage street shall
be 2.4metres, except that an attached
garage which fronts on the flankage
street shall not be located within 6.0
metres of the flankage street line.
(f) Maximum Height:
3-storeys and the elevation of the
peak of the roof shall be a maximum
of 203.0 masl.
(g) Maximum Lot Coverage:
N/A.
Notwithstanding Sub-section 4.13.1 "Daylight Triangles" of Section 4.13
"Special Setbacks", permit a minimum yard of 1.0m from the hypotenuse of a
daylight triangle.
In addition to the regulations of Sub-section 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
a) Covered porches may project into any required front yard a distance of not
more than 3.0 metres and 1.8 metres for a flankage yard;
b) Bay windows, either with or without foundations, may project into any
required front, rear, and/or flankage yards a distance of not more than 0.9
metres; and,
PART 6
RESIDENTIAL ZONES
RES-67
c) Stairs may project into any required front yard a distance of not more than
4.5 metres.
By-law 12-161
R3-34
220 Mud Street West, Schedule "A", Map No. 10
In addition to the provisions of the "R3-33" Zone, the following shall also apply:
Notwithstanding the definitions of Lot Line - Front, Lot Line - Rear, and Lot
Line - Side within Part 2 - Definitions of By-law No. 3692-92, for those lands
Zoned Single Residential "R3-34" Zone, the minimum lot frontage shall be 8.2
metres.
By-law 12-147
R3-35
76 Creanona Boulevard, Schedule "A", Map No. 4
Notwithstanding the provisions of Paragraphs (c), (d) and (g) of Section 6.4.3
"Zone Regulations" of Zoning By-law No. 3692-92, on those lands zoned "R3-
35" by this By-law, the following shall apply:
(c)
Minimum Front Yard - 3.0 metres to the face of a dwelling and 5.8
metres to the face of the garage.
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.2 metres, an attached garage or attached carport may be erected at
a distance of no less than 1 metre from a side lot line.
(g)
Maximum Lot Coverage - 40 percent, except 45 percent for 1 storey
and/or bungalow dwelling units.
By-law 12-252
R3-36
546 and 548 Fifty Road and 32 and 36 Kingspoint Circle,
Schedule "A", Map No. 4
Notwithstanding the provisions of Paragraph (g), of Section 6.4.3 "Zone
Regulations", of Section 6.4, Single Residential "R3" Zone, of Zoning By-law No.
3692-92, on those lands zoned "R3-36" by this By-law, the following shall apply:
(g)
Maximum Lot Coverage:
45 percent.
By-law 13-111
R3-38
259 Dewitt Road, Schedule "A", Map No. 6
Notwithstanding Section 6.4.3, "Zone Regulations", of Zoning By-law No. 3692-
92, the regulations of the Single Residential "R3-33" Zone, as established under
By-law No. 12-161, shall apply on those lands zoned "R3-38" by this By-law,
save and except for Regulations (a); (b); (d); and, (f), the following shall apply:
(a) Minimum Lot Area:
330 sq m.
PART 6
RESIDENTIAL ZONES
RES-68
(b) Minimum Lot Frontage:
11.0m, except 11.7m for a corner lot.
(d) Minimum Side Yard:
1.2m on the garage side and 0.6m on
the non-garage side, subject to a
maintenance easement registered on
title for any minimum side yard that is
less than 1.2m, with said maintenance
easement permitting encroachment for
maintenance purposes only for no
more than 0.6m into the side yard of
the lot adjacent the yard with a side
yard setback less than 1.2m, except:
On a corner lot, the minimum side
Yard abutting the flankage street shall
be 2.4m, except that an attached
garage which fronts on the flankage
street shall not be located within 6.0m
of the flankage street line; and on a
corner lot with a daylight triangle, a
minimum 2.0m setback for any
building from the hypotenuse of the
daylight triangle is required; and,
On a lot where an emergency
spillway/overland flow route shall be
located or where back-to-front
drainage is proposed, a minimum
2.0m side yard separation between
buildings shall be provided and
maintained between buildings along
one common lot line.
(f) Maximum Building Height:
11.0m.
All other regulations of the Single Residential "R3-33" Zone shall apply.
By-law 13-130
R3-39
339 & 347 Fifty Road and 1317 & 1329 Barton Street, Schedule
(OMB Approval)
"A", Map No. 9
Notwithstanding the provisions of Paragraphs (c) of Section 6.4.3, of Zoning By-
law No. 3692-92, on those lands zoned "R3-39" by this By-law, the following shall
apply:
(c)
Minimum Front Yard:
4.5m to the dwelling, except 6.0m to an
attached garage.
PART 6
RESIDENTIAL ZONES
RES-69
By-law 13-130
R3-40
339 & 347 Fifty Road and 1317 & 1329 Barton Street, Schedule
(OMB Approval)
"A", Map No. 9
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments", the following shall
apply:
Any lot located at the intersection of two or more roads will require a minimum yard
to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5 metres for a
porch, including porch foundation walls; and 0.0 metres for eaves and gutters.
Notwithstanding the provisions of Paragraphs (c) and (e) of Section 6.4.3, of Zoning
By-law No. 3692-92, on those lands zoned "R3-40" by this By-law, the following
shall apply:
(c)
Minimum Front Yard:
4.5m to the dwelling, except 6.0m to an
attached garage.
(e)
Minimum Rear Yard:
7.0m
By-law 16-094 R3-41 1831 Rymal Road East, Schedule "A", Map No. 15
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), and (g) of
Subsection 6.4.3 of the Single Residential "R3" Zone, the following regulations
shall apply:
(a) Minimum Lot Area
Interior Lot
-
290 square metres
Corner Lot
-
340 square metres
(b) Minimum Lot Frontage
Interior Lot
-
10.0 metres
Corner Lot
-
11.7 metres
(c) Minimum Front Yard -
4.5 metres to the dwelling,
except 6.0 metres to the
garage
(d) Minimum Side Yard -
1.2 metres on the garage
side and 0.6 metres on the
non-garage side, subject to a
maintenance
easement
registered on title for any
PART 6
RESIDENTIAL ZONES
RES-70
minimum side yard that is
less than 1.2 metres, with
said maintenance easement
permitting
encroachment
for maintenance purposes
only for no more than 0.6
metres into the side yard of
the lot adjacent the yard
with a side yard setback less
than 1.2 metres. A 0.6 metre
side yard setback shall not
be permitted to any side lot
line less than 1.2 metres,
except:
On
a
corner
lot,
the
minimum side yard abutting
the flankage street shall be
2.4 metres, except that an
attached
garage
which
fronts on the flankage street
shall not be located within
6.0 metres of the flankage
street line; and on a corner
lot with a daylight triangle, a
minimum 2.0 metre setback
for any building from the
hypotenuse of a daylight
triangle is required; and,
(e) Minimum Rear Yard -
7.0 metres
(g) Maximum Lot Coverage -
Not Applicable
All other regulations of the Single Residential "R3" Zone shall apply.
(i)
Notwithstanding subsection 4.13.1 "Daylight Triangles" of Section 4.13
"Special Setbacks", a minimum yard of 1.0 metres from the hypotenuse of
the daylight triangle shall be permitted for lands zoned Single Residential
"R3-41", Modified, by this By-law.
(ii)
In addition to subsection 4.19.1 "General Application" of Section 4.19
PART 6
RESIDENTIAL ZONES
RES-71
"Yard Encroachments" the following shall apply for lands zoned Single
Residential "R3-41", Modified, by this By-law:
(j)
Stairs may project into any required front yard a distance of not more than
3.5 metres.
(k)
Bay windows, with or without foundations, may project into any required
front, rear and / or flankage yard a distance of not more than 0.9 metres;
(l)
Covered porches may project into any require front yard a distance of not
more than 3.0 metres, and 1.8 metres for a flankage yard;
By-law 16-257 R3-42
316 Second Road West, 262 Eringate Court, 2079, 2081, 2083,
2085, and 2095 Rymal Road East, Schedule "A", Map No. 16
Notwithstanding the provisions of Paragraphs (a) of Subsection 6.4.3 of the Single
Residential "R3" Zone, the following regulations shall apply:
(a)
Minimum Lot Area:
Interior Lot
350 m2
For the purposes of this By-law, accessory buildings, swimming pools and hot
tubs shall be permitted on the lots with dual frontage to Eringate Court (Lots 24
and 25) and Rymal Road East and Eringate Court (Lots 8 - 15).
By-law 19-011 R3-43 90
Creanona Boulevard, Schedule A Map No. 4
(i)
Notwithstanding the provisions of Paragraphs (c), (d) and (g) of
Subsection 6.4.3 of the Single Residential R3 Zone, on those lands zoned
R3-43 Zone, Modified (Block 1) by this By-law, the following shall
apply:
(c)
Minimum Front Yard
3.0 m to the face of the
dwelling and 5.8 metres to
the face of the garage.
(d)
Minimum Side Yard
No part of any dwelling
shall be located closer than
1.2 metres to a side lot line,
except 0.6 metres on the
side of the dwelling not
containing an attached
garage or attached carport
provided that a maintenance
easement is entered into
PART 6
RESIDENTIAL ZONES
RES-72
between the owners of the
abutting lands and properly
registered on title of each of
the abutting lots.
(g) Maximum Lot Coverage
40%, except 45% for a one
Storey single detached
dwelling
By-law 19-083 R3-41a 16 Columbus Gate (Block 7), Schedule "A", Map No. 15
For the purposes of this By-law, 16 Columbus Gate shall be considered an interior
lot, with Columbus Gate being deemed Lot Line - Frontage.
All other provisions of the Single Residential "R3-41" Zone, Modified shall apply.
By-law 20-235 R3-44 1313 Baseline Road, Schedule "A", Map No. 4
Notwithstanding the provisions of Paragraph (a) of Subsection 6.4.3 of the "Zone
Regulations" of the Single Residential "R3" Zone, on those lands zoned "R3-44"
by this By-Law, the following shall apply;
(a)
Minimum Lot Area
Corner Lot
390 square metres
By-law 24-017-OLT
"R3-46a" and "R3-46b" 11, 19, 20, 21, 23, 27 and 30 Lakeside Drive and 81
Waterford Crescent, Schedule "A" Map No. 2 (Blocks 1, 2, 3, and 4)
Notwithstanding the provisions of Paragraphs (a), (c), (d), (e), and (g) of
Subsection 6.4.3 of Section 6.4, Single Residential "R3" Zone, on those lands
zoned "R3-46a" and "R3-46b" by this By-law, the following shall apply:
(a) Minimum Lot Area
Interior Lot - 370 square
metres
Corner Lot - 400 square
metres
(b) Minimum Front Yard
3.5 metres to the
dwelling, except 6.0
metres to an attached
garage on lands identified
as "R3-46a". 3.5 metres
to the dwelling, except
5.5 metres to an attached
PART 6
RESIDENTIAL ZONES
RES-73
garage on lands identified
as "R3-46b".
(c) Minimum Side Yard
Interior Lot - 1.2 metres
on the side with the
garage and 0.6 metres on
the other side. Corner Lot
- 1.2 metres on the side
with the garage and 2.3
metres on the flankage
yard, except that an
attached garage or
attached carport fronting
the flankage lot line shall
not be located within 5.5
metres of the flankage lot
line.
(d) Minimum Rear Yard
6.0 metres
(e) Maximum Lot Coverage
62 percent
For the purposes of this special provision, where a lot zoned "R3-46b" is also
partially zoned (P5), as per Zoning By-law No. 05-200, the lands zoned (P5) that
comprise part of the lot may be used for the calculation of Minimum Lot Area,
Minimum Rear Yard, and Minimum Interior Side Yard.
By-law 24-017-OLT
"R3-47" 11, 19, 20, 21, 23, 27 and 30 Lakeside Drive and 81 Waterford
Crescent, Schedule "A" Map No. 2 (Blocks 5, 6, and 7)
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), and (g) of
Subsection 6.4.3 of Section 6.4, Single Residential "R3" Zone, on those lands
zoned "R3-47" by this By-law, the following shall apply:
(a) Minimum Lot Area
355 square metres
(b) Minimum Lot Frontage
11.0 metres
(c) Minimum Front Yard
3.5 metres to the
dwelling, except 6.0
metres to an attached
garage.
(d) Minimum Side Yard
1.2 metres on the side
with the garage and 0.6
metres on the other side.
(e) Minimum Rear Yard
6.0 metres
PART 6
RESIDENTIAL ZONES
RES-74
(f)
Maximum Lot Coverage
62 percent
In addition to Subsection 6.4.3 of Section 6.4, Single Residential "R3" Zone,
those lands zoned "R3-47" by this By-law shall not apply to corner lots.
By-law 24-017-OLT
"R3-48" 11, 19, 20, 21, 23, 27 and 30 Lakeside Drive and 81 Waterford
Crescent, Schedule "A" Map No. 2 (Block 8)
Notwithstanding the provisions of Paragraphs (a), (c), (d), (e), and (g) of
Subsection 6.4.3 of Section 6.4, Single Residential "R3" Zone, on those lands
zoned "R3-48" by this By-law, the following shall apply:
(a) Minimum Lot
Interior Lot - 330 square
metres
Corner Lot - 370 square
metres
(b) Minimum Front Yard
3.5 metres to the
dwelling, except 6.0
metres to an attached
garage.
(c) Minimum Side Yard
Interior Lot - 1.2 metres
on the side with the
garage and 0.6 metres on
the other side.
(d) Corner Lot
1.2 metres on the side
with the garage and 2.3
metres on the flankage
yard, except that an
attached garage or
attached carport fronting
the flankage lot line shall
not be located within 5.5
metres of the flankage
lot line.
(e) Minimum Rear Yard
6.0 metres
(f)
Maximum Lot Coverage
62 Percent
By-law 24-017-OLT
"R3-48(H)" 11, 19, 20, 21, 23, 27 and 30 Lakeside Drive and 81 Waterford
Crescent, Schedule "A" Map No. 2 (Block 9)
PART 6
RESIDENTIAL ZONES
RES-75
Notwithstanding the provision of Section 3.8 "Holding Zones", on those lands
zoned "R3-48(H)" by this By-law, the Holding (H) symbol may be removed and
thereby give effect to the "R3-48" Zone provisions in Section 4 above, upon
completion of the following:
(a) That the final grading on Lot 35 has been approved and it can be clearly
demonstrated how the turning movements can be successfully managed, to
the satisfaction of the Director, Growth Management.
By-law 24-017-OLT
"R3-49" 11, 19, 20, 21, 23, 27 and 30 Lakeside Drive and 81 Waterford
Crescent, Schedule "A" Map No. 2 (Block 10)
Notwithstanding the provisions of Paragraphs (c), (d), (e), and (g) of Subsection
6.4.3 of Section 6.4, Single Residential "R3" Zone, on those lands zoned "R3-
49" by this By-law, the following shall apply:
(a) Minimum Front Yard
3.5 metres to the dwelling,
except 6.0 metres to an
attached garage.
(b) Minimum Side Yard
1.2 metres on the east side and
2.2 metres on the west side.
(c) Minimum Rear Yard
6.0 metres
(d) Maximum Lot Coverage
62 percent
In addition to Subsection 6.4.3 of Section 6.4, Single Residential "R3" Zone,
those lands zoned "R3-49" by this By-law shall not apply to corner lots.
By-law 24-017-OLT
"R4-38" 11, 19, 20, 21, 23, 27 and 30 Lakeside Drive and 81 Waterford
Crescent, Schedule "A" Map No. 2 (Blocks 11 and 12)
Notwithstanding the provisions of Paragraphs (c), (d), (e), and (g) of Subsection
6.5.3 of Section 6.5, Single Residential "R4" Zone, on those lands zoned "R4-38"
by this By-law, the following shall apply:
(a)
Minimum Front Yard
3.5 metres to the dwelling, except
6.0 metres to an attached garage
(b)
Minimum Side Yard
1.2 metres on the side with the
garage and 0.6 metres on the other
side
PART 6
RESIDENTIAL ZONES
RES-76
(c)
Minimum Rear Yard
6.0 metres
(d)
Maximum Lot Coverage
62 percent
In addition to Subsection 6.5.3 of Section 6.5, Single Residential "R4" Zone,
those lands zoned "R4-38" by this By-law shall not apply to corner lots.
SECTION 6.5
SINGLE RESIDENTIAL "R4" ZONE
6.5.1
Scope
No person shall within any Single Residential "R4" Zone, use any land or
erect, alter or use any building or structure, except in accordance with the
following provisions:
6.5.2
Permitted Uses For Each Lot
(a) A single detached dwelling
(b) Uses, buildings or structures accessory to a permitted use
(c) A Home Occupation
By-law 22-196
(d)
In addition to the uses permitted in Section 6.5.2 (a), (b), and (c), on a lot
identified on Figure 1 of Part 15: Special Figures, the following additional
uses are permitted:
1.
A Semi-Detached Dwelling
2.
A Duplex
3.
Street Townhouses
6.5.3
Zone Regulations For The Use Permitted Under Section 6.5.2 (a)
By-law 22-196
(a) Minimum Lot Area
Interior Lot
-
310 square metres
Corner Lot
-
400 square metres
(b) Minimum Lot Frontage
Interior Lot
-
10 metres
Corner Lot
-
13 metres
(c) Minimum Front Yard - 6 metres
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.25 metres except as provided in clauses 1, 2 and 3 below:
By-law 3863-93 1. An attached garage or attached carport may be erected at a distance
of not less than 1 metre from a side lot line which does not abut a
PART 6
RESIDENTIAL ZONES
RES-77
flankage street;
2.
On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
3.
On a corner lot, the minimum side yard abutting the flankage lot
line shall be 3 metres, except that an attached garage or attached
carport which fronts on the flankage lot line shall not be located
within 5.5 metres of the flankage lot line.
(e)
Minimum Rear Yard
-
7.5 metres
By-law 5068-00
(f)
Maximum Building Height -
11 metres
(g)
Maximum Lot Coverage
-
40 percent
6.5.3.1
By-law 22-196
Zone Regulations For Uses Permitted Under Section 6.5.2 (d)
(a) Semi-detached dwellings shall comply with the provisions of Sections
6.6.3, 6.6.4, 6.6.5, 6.6.5.1, 6.6.5.2, and 6.6.6.
(b) Duplex dwelling shall comply with the provisions of Sections 6.5.3, 6.7.4,
6.7.5, 6.7.6, 6.7.6.1, and 6.7.6.2.
(c) Street townhouse dwellings shall comply with the provisions of Sections
6.9.3, 6.9.4, 6.9.5, and 6.9.5.1.
6.5.4
Regulations For Parking For The Use Permitted Under Section 6.5.2 (a)
By-law 22-196
Minimum number of parking spaces - 2 per dwelling unit of which only one may
be provided in the required front yard. Tandem parking is permitted.
6.5.5
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 4.5 and 6.1.4.
6.5.6
Regulations For Home Occupations
Home occupations are permitted in accordance with Section 4.8.
6.5.6.1
Regulations for Secondary Dwelling Units and Secondary Dwelling Units -
Detached
Secondary Dwelling Units and Secondary Dwelling Units -
Detached are permitted in accordance with Section 6.1.7.
6.5.6.2
Regulations For Converted Dwellings
PART 6
RESIDENTIAL ZONES
RES-78
By-law 22-196
Converted dwellings are permitted in accordance with Section 6.1.7.3.
6.5.7
Special Exemptions
R4 - 1 Repealed by By-law No. 4753-98
By-law 4661-97
R4 - 2
Athenia Drive, Schedule "A", Map No. 10
Notwithstanding the provisions of paragraph (a) of Subsection 6.5.3 Zone
Regulations, on the those lands zoned "R4-2" by this by-law, the minimum lot
area shall be 275 square metres.
By-law 4986-99
R4 - 3
Part of Lot 4, Concession 2, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (b) of Section 6.5.3, "Zone
Regulations", on those lands zoned "R4-3" by this By-law, the minimum lot
frontage shall be 9.4 metres.
By-law 4986-99
R4 - 4
Part of Lot 4, Concession 2, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (a) of Section 6.5.3, "Zone
Regulations", on those lands zoned "R4-4" by this By-law, the minimum lot area
for a corner lot shall be 390 square metres.
By-law 4986-99
R4 - 5
Part of Lot 4, Concession 2, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (a) and (b) of Section 6.5.3, "Zone
Regulations", on those lands zoned "R4-5" by this By-law, the minimum
lot area for a corner lot shall be 365 square metres and the minimum lot frontage
shall be 12 metres.
By-law 4986-99
R4 - 6
Part of Lot 4, Concession 2, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (a) of Section 6.5.3, "Zone
Regulations", on those lands zoned "R4-6" by this By-law, the minimum lot area
shall be 290 square metres.
PART 6
RESIDENTIAL ZONES
RES-79
By-law 5031-99
By-law 04-077
R4 - 7
Part of Lot 18, Concession 2, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (f) and (g) of
Section 6.5.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands
zoned "R4-7" by this By-law, the following shall apply:
(a) Minimum Lot Area
Interior Lot
-
210 square metres
Corner Lot
-
240 square metres
(b) Minimum Lot Frontage
Interior Lot
Corner Lot
-
9.0 metres
-
10.2 metres
(c) Minimum Front Yard - 3 metres, except 5.3 metres to an attached garage
or attached carport.
(d) Minimum Side Yard - No part of any dwelling shall be located closer than
1.2 metres to a side lot line, except as provided in clauses (i), (ii) and (iii)
below:
By-law 5136-00 (i) The minimum side yard on the side of the dwelling containing an
attached garage or attached carport may be .6 metres except for a
side yard which abuts a flankage street;
(ii) On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 2.4 metres;
and
(iii) On a corner lot, the minimum side yard abutting the flankage lot line
shall be 2.4 metres, except that an attached garage or attached
carport which fronts on the flankage street shall not be located
within 5.8 metres of the flankage lot line.
(f) Maximum Building Height - 12.6 metres
(g) Maximum Lot Coverage - None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard. (Note: This clause does not apply to Block 99, Registered Plan
No. 62M-906.)
Notwithstanding the definition of "Highway" in Section 2 "Definitions" of
Zoning By-law No. 3692-92, on those lands zoned "R4-7" by this By-law, a
private road/condominium road shall be considered to be a street. (Note: This
clause only applies to Block 99, Registered Plan No. 62M-906.)
PART 6
RESIDENTIAL ZONES
RES-80
By-law 01-117
R4 - 8
Jones Road & North Service Road, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraph (b) of subsection 6.5.3 of Zoning
By-law 3692-92, the minimum lot frontage shall be 11.5 metres.
By-law 01-141
R4 - 9(H)
Barton Street and Winona Road, Schedule "A", Map No. 9
Special Exemption R4-9(H) is repealed by By-law 02-203.
By-law 03-104
R4 - 10
Southeast Corner of Old Mud Street and Upper Mount
Albion Road, Schedule "A", Map No. 10
Notwithstanding the provisions of Paragraph (b) of Subsection 6.5.3 of the
Single Residential "R4" Zone, on those lands zoned "R4-10" by this by-law, a
minimum lot frontage of eleven (11) metres shall be required.
By-law 04-173
R4 - 11
478 Glover Road, Schedule "A", Map No. 3
Notwithstanding the provisions of Paragraphs (a), (c), (d), (f) and (g) of
Section 6.5.3 of the Single Residential "R4" Zone, for those lands zoned "R4-
11" by this By-law, the following shall apply:
(a) Minimum Lot Area
(c)
Corner Lot
Minimum Front Yard
- 375 metres
-
3 metres, except 5.8 metres to an attached
garage or an attached carport
(d) Minimum Side Yard - No part of any dwelling shall be located
closer than 1.2 metres to a side lot line, except as provided in clauses (i), (ii)
and (iii) below:
(i)
The minimum side yard on the side of the dwelling containing an
attached garage or attached carport may be 0.6 metres except for a side
yard which abuts a flankage street;
(ii) On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 2.4 metres; and
(iii) On a corner lot, the minimum side yard abutting the flankage lot line
shall be 2.4 metres, except that an attached garage or attached
carport which fronts on the flankage street shall not be located
within 5.8 metres of the flankage lot line.
(f) Maximum Building Height
-
12.6 metres
(g) Maximum Lot Coverage
-
None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
PART 6
RESIDENTIAL ZONES
RES-81
By-law 04-194
R4 - 12
205 Dewitt Road, Schedule "A", Map No. 6
Notwithstanding the provisions of Paragraphs (b) and (d) of Section 6.5.3 "Zone
Regulations", on those lands zoned "R4-12" by this By-law, the minimum lot
frontage shall be 9.84 metres and the minimum side yard, where no attached
garage or carport is provided, shall be 2.56 metres from the southerly property
line for the existing dwelling.
By-law 05-205
R4 - 13
506 Glover Road, Schedule "A", Map No. 3
Notwithstanding the provisions of Paragraphs (a), (c), and (g) of Subsection
6.5.3 of the Single Residential "R4" Zone, for those lands zoned "R4-13" by this
By-law, the following shall apply:
(a) Minimum Lot Area
Corner Lot
-
390 square metres
(c) Minimum Front Yard
-
3 metres, except 5.8 metres to an
attached garage or carport
(g) Maximum Lot Coverage
-
No maximum
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
By-law 05-293
R4 - 14
480 Jones Road, Part of Lots 7 and 8, Registered Plan 428,
Schedule "A", Map No. 2
Notwithstanding the provisions of Paragraph (d) of Subsection 6.5.3 Zone
Regulations, of the Single Residential "R4" Zone, a minimum northerly side yard
of 0.94 metres shall be provided for the single detached dwelling existing on the
date of the passing of this By-law being October 12, 2005.
By-law 05-349
R4 - 15
45 Seabreeze Crescent, Schedule "A", Map No. 3
Notwithstanding the provisions of Paragraph (c) of Section 6.5.3 of the Single
Residential "R4" Zone, for those lands zoned "R4-15" by this By-law, the
following shall apply
(c) Minimum Front Yard - 4.5 metres, except
6.0 metres to an attached garage
PART 6
RESIDENTIAL ZONES
RES-82
By-law 05-349
R4 - 16
45 Seabreeze Crescent, Schedule "A", Map No. 3
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (f) and (g) of
Section 6.5.3 of the Single Residential "R4" Zone, for those lands zoned "R4-
16" by this By-law, the following shall apply:
(a)
Minimum Lot Area
Interior Lot
-
270 square metres
(b)
Minimum Lot Frontage
Interior Lot
-
9 metres
(c)
Minimum Front Yard
-
3 metres, except
6 metres to an attached garage
(d)
Minimum Side Yard
-
no part of any dwelling shall be located
closer than 1.2 metres, except as provided in clauses 1 and 2 below:
1.
An attached garage or attached carport may be erected at a distance
of not less than 0.6 metres from a side lot line which does not abut a
flankage street; and
2.
On a corner lot, the minimum side yard abutting the flankage lot
line shall be 2.4 metres, except that an attached garage or attached
carport which fronts on the flankage lot line shall not be located
within 6 metres of the flankage lot line.
(f)
Maximum Building Height
-
12 metres
(g)
Maximum Lot Coverage
-
none
By-law 06-128
R4 - 17
East End of Old Mud Street, Schedule "A", Map No. 10
That the provisions of Paragraph (g), Maximum Lot Coverage, of Subsection
6.5.3 Zone Regulations of the Single Residential "R4" Zone shall not apply to
those lands zoned "R4-17" by this By-law.
By-law 07-196
R4 - 18
1353, 1357, 1427 Baseline Road and 22 Falcon Road, Schedule
"A", Map No. 4
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e), (f), and (g),
of Subsection 6.5.3, of the "Zone Regulations" of the Single Residential "R4"
Zone on those lands zoned "R4-18" by this By-law, the following shall apply:
(a)
Minimum Lot Area:
Interior Lot
Corner Lot
-
210 square metres
-
250 square metres
PART 6
RESIDENTIAL ZONES
RES-83
(b)
Minimum Lot Frontage:
Interior Lot
-
9 metres
Corner Lot
-
11 metres
(c)
Minimum Front Yard
3.0 metres; and,
5.8 metres for a garage only.
(d)
Minimum Side Yard
-
1.2 metres; except,
0.6 metres on the side
with an attached garage.
(e)
Minimum Flankage Yard
-
3.0 metres; and,
5.8 metres for a garage only.
(f)
Minimum Rear Yard
-
7.0 metres
(g)
Maximum Building Height
-
12.5 metres
In addition to the regulations of Section 4.19, "Yard Encroachments", the
following encroachments are permitted:
(a)
Unenclosed Porch into a
Front Yard
(b)
Unenclosed Porch into a
Flankage Yard:
-
2.0 metres, including a further
encroachment of 0.6 metres
for steps
-
2.0 metres, including a further
encroachment of 0.6 metres
for steps
(c)
Chimneys, belt courses, sills, cornices, chimney breasts, decorative
brick facing, pilasters, alcoves, fireplaces or other architectural features,
with or without foundations may project into any required yard 0.6
metres, to a maximum of half the required yard.
(d)
Bay Windows and other types of windows, with or without foundation,
into a front or rear yard 1.0 metre; and 0.6 metres to a side yard, to a
maximum of half the yard
(d)
Balconies into any yard:
-
2.0 metres
Notwithstanding clause (a) of Section 4.16.1, unitary equipment may be
located not less than 0.6 metres to any side lot line.
PART 6
RESIDENTIAL ZONES
RES-84
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply:
Any lot located at the intersection of two or more roads will require a minimum
yard to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5
metres for a porch, including porch foundations walls; and, 0.0 metres for eaves
or gutters.
By-law 07-237
R4 - 19
481 and 483 Glover Road, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (c), (d), (e), (f), and (g), of
Subsection 6.5.3, of the "Zone Regulations" of the Single Residential "R4"
Zone on those lands zoned "R4-19" by this By-law, the following shall apply:
(c)
Minimum Front Yard
-
3 metres, except
5.8 metres to an attached garage or
an attached carport
Maximum Front Yard
-
4.5 metres, except
6.3 metres to an attached garage or
an attached carport
(d)
Minimum Side Yard
-
No part of any dwelling shall be
located closer than 1.2 metres, except a as provided in clause (i) below:
(i)
The minimum side yard on the side of the dwelling containing an
attached garage or attached carport may be 0.6 metres except for
a side yard which abuts a flankage street
(e)
Minimum Rear Yard
-
7.0 metres
(f)
Maximum Building Height
-
12.6 metres
(g)
Maximum Lot Coverage
-
None
Notwithstanding the provision of paragraph (a) of Section 4.16.1 - "Unitary
Equipment", on those lands zoned "R4-19" by this By-law, the following shall
apply:
(a) Minimum Distance to any
Site Lot Line
-
1.0 metres
PART 6
RESIDENTIAL ZONES
RES-85
By-law 09-199
R4 - 20
390 Highland Road, Schedule "A", Map No. 15
Notwithstanding the provisions of Paragraph (b) of Subsection 6.5.3 of the
Single Residential "R4" Zone, on those lands zoned "R4-20" by this By-law the
following shall apply:
(b) Minimum Lot Frontage
Corner Lot
-
9.3 metres
By-law 08-163
R4 - 21
21 Upper Centennial Parkway, Schedule "A", Map No. 16
Notwithstanding the provisions of paragraphs (a), (b), (d) and (e) of
Subsection 6.5.3 of the Single Residential "R4" Zone, on those lands zoned "R4-
21" by this By-law, the following shall apply:
(a)
Minimum Lot Area
Interior Lot
-
247 square metres
Corner Lot
-
400 square metres
(b)
Minimum Lot Frontage:
Interior Lot
-
9.15 metres
Corner Lot
-
13 metres
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.2 metres to a side lot line, except as provided in clauses (i), (ii),
and (iii) below:
(i)
the minimum side yard on the side of the dwelling containing an
attached garage or attached carport may be 0.6 metres except for
a side yard abutting a flankage street;
(ii) on an interior lot where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3.0 metres; and
(iii)
on a corner lot, the minimum side yard abutting the flankage lot
line shall be 3.0 metres and a maximum of 4.5 metres, except
where an attached garage or attached carport fronts on the flankage
road, in which case, the minimum side yard abutting the flankage
lot line shall be 6.0 metres.
(e) Minimum Rear Yard - 7.0 metres
Notwithstanding the provisions of Subsection 4.13.1 SPECIAL SETBACKS -
Daylight Triangles, on those lands zoned "R4-21" by this By-law, a minimum yard
of 2.2 metres will be required from the hypotenuse of the daylight triangle.
PART 6
RESIDENTIAL ZONES
RES-86
By-law 08-207
R4 - 22
Highland Road West, Part of Lot 28, Concession 7, Schedule
"A", Map No. 16
Notwithstanding the provisions of Paragraphs (a), (c), (d), (e) and (g) of
Subsection 6.5.3 of the Single Residential "R4" Zone, on those lands zoned
"R4-22" by this By-law, the following shall apply:
(a)
Minimum Lot Area
Interior Lot
-
300 square metres
Corner Lot
-
400 square metres
(c)
Minimum Front Yard
-
6.0 metres to the face of an attached garage
and 4.5 metres to the face of the dwelling,
(d)
Minimum Side Yard - No part of any dwelling shall be located closer than
1.2 metres to a side lot line, except as provided in Clauses (1), (2) and (3)
below:
1.
The minimum side yard on the side of the dwelling containing an
attached garage or attached carport may be 0.6 metres, provided;
(a)
that a maintenance easement is entered into between the
owners of the abutting lands and properly registered on
title of each of the abutting lots; and,
(b)
that the abutting lands are located in the same zone.
2. On an interior lot where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3.0 metres; and,
3.
On a corner lot, the minimum side yard abutting the flankage lot
line shall be 3.0 metres and a maximum of 4.5 metres, except where
an attached garage or attached carport fronts on the flankage road,
in which case the minimum side yard abutting the flankage lot line
shall be 6.0 metres.
(e)
Minimum Rear Yard
- 7.0 metres
(g)
Maximum Lot Coverage
- N/A
PART 6
RESIDENTIAL ZONES
RES-87
By-law 08-293
R4 - 23
Highbury Drive, Schedule "A", Map No. 16
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e) and (g) of
Subsection 6.5.3 of the Single Residential "R4" Zone, on those lands zoned "R4-
23" by this By-law, the following shall apply;
(a)
Minimum Lot Area
Interior Lot
-
304 square metres
Corner Lot
-
384 square metres
(b)
Minimum Lot Frontage
Corner Lot
-
12 metres
(c)
Minimum Front Yard
-
4.5 metres to the dwelling
-
6 metres to the attached garage
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.25 metres on one side and 0.0 metres to a side lot line on the
other provided that a maintenance easement is entered into between the
owners of the abutting lands and properly registered on title of each of the
abutting lots, except as provided in clause (i) below:
(i)
On a corner lot, the minimum side yard abutting the flankage lot
line shall be 1.25 metres.
(e) Minimum Rear Yard - 7 metres
(g) Maximum Lot Coverage - 55%
By-law 10-324 (OMB) R4-24
Mud Street, Schedule "A", Map No. 16
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d) and (g) of
Subsection 6.5.3, of the Single Residential "R4" Zone, on those lands zoned "R4-
24" by this By-law, the following shall apply:
(a) Minimum Lot Area:
Interior Lot
Corner Lot
(b)
Minimum Lot Frontage:
-
300 square metres
-
350 square metres
Corner Lot
-
11.2 metres
(c)
Minimum Front Yard
-
4.5 metres to a dwelling unit,
PART 6
RESIDENTIAL ZONES
RES-88
(a)
Minimum Lot Area
-
250 square metres, except 290
square metres for a corner lot
(b)
Minimum Lot Frontage
-
9.0 metres, except 11 metres
for a corner lot
6.0 metres to an attached
garage
(d)
Minimum Side Yard
-
1.2 metres, except as provided
in Clauses 1, 2, and 3 below:
1.
An attached garage or attached carport may be erected at a
distance of not less than 0.6 metres from a side lot line which does
not abut a flankage street. Where a side yard of less than 1.2
metres is provided, a maintenance easement shall be entered into
between the property and the owners of any lands abutting the side
yard, properly registered on the title of any abutting lot(s);
2.
On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and,
3.
On a corner lot, the minimum side yard abutting the flankage lot
line shall be 2.4 metres, except that an attached garage or attached
carport, which fronts on the flankage lot line, shall not be located
within 5.5 metres for the flankage lot line.
(g) Maximum Lot Coverage - N/A
Notwithstanding the provisions of Subsection 4.13.1, of the "Special
Setbacks" Section, on those lands zoned "R4-24" by this By-law, any corner
lot requires a minimum yard of 2.4 metres from the hypotenuse of the daylight
triangle.
By-law 10-327 (OMB) R4-26
22 Green Mountain Road West, Schedule "A", Map No. 11
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), and (g) of
Subsection 6.5.3 of the Single Residential "R4" Zone, on those lands zoned "R4-
26" by this By-law, the following shall apply:
PART 6
RESIDENTIAL ZONES
RES-89
(c)
Minimum Front Yard
-
4.5 metres to the dwelling,
except 6.0 metres to the garage
(d)
Minimum Side Yard
-
1.2 metres on one side and 0.6
metres on the other side of the
dwelling unit subject to a
maintenance easement for any
minimum side yard that is less
than 1.2 metres with said
maintenance
easement
permitting encroachment for
maintenance purposes only for
no more than 0.6 metres into
the side yard of the lot adjacent
the yard with a side yard setback
less than 1.2 metres except;
On a corner lot the minimum side yard abutting the flankage street shall
be 2.4 metres, except that an attached garage which fronts on the flankage
street shall not be located within 6.0 metres of the flankage street line.
(e) Minimum Rear Yard - 7.0 metres
(g) Minimum Lot Coverage - N/A
Notwithstanding provision b) of Subsection 4.10.3 "Dimensions of Parking
Spaces", on those lands zoned "R4-26" by this By-law, the following shall apply:
The parking space size located within a garage shall have a minimum
width of 2.75 metres and have a minimum length of 6.0 metres. Stairs
shall be permitted to encroach 0.5 metres into the length of this parking
space.
In addition to the regulations of Subsection 4.19 "Yard Encroachments", the
PART 6
RESIDENTIAL ZONES
RES-90
following encroachments shall be permitted:
(a)
Covered porches may project into any required front yard a distance of
not more than 3.0 metres and 1.6 metres for a flankage yard;
(b)
Bay windows either with or without foundations may project into any
required front, rear, or flankage yards a distance of not more than 0.9
metres; and,
(c)
Stairs may project into any required front yard a distance of not more
than 4.5 metres and a flankage yard of not more than 2.4 metres
Notwithstanding Section 4.13.1 "Special Setback - Daylight Triangles" the
following shall apply"
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 0.5 metres
for a building or porch, including porch foundations walls; and, 0.0 metres
for eaves and gutters.
By-law 10-327 (OMB) R4-27
22 Green Mountain Road West, Schedule "A", Map No. 11
Notwithstanding the provisions of Paragraphs (a), (c), (d), (e), and (g) of
Subsection 6.5.3 of the Single Residential "R4" Zone, on those lands zoned "R4-
27" by this By-law, the following shall apply:
(a)
Minimum Lot Area
-
300 square metres, except 360
square metres for a corner lot
(c)
Minimum Front Yard
-
4.5 metres to the dwelling,
except 6.0 metres to the garage
(d)
Minimum Side Yard
-
1.2 metres on one side and 0.6
metres on the other side of the
dwelling unit subject to a
maintenance easement for any
minimum side yard that is less
than 1.2 metres with said
maintenance
easement
permitting encroachment for
PART 6
RESIDENTIAL ZONES
RES-91
maintenance purposes only for
no more than 0.6 metres into
the side yard of the lot adjacent
the yard with a side yard setback
less than 1.2 metres except;
On a corner lot the minimum side yard abutting the flankage street shall
be 2.4 metres, except that an attached garage which fronts on the flankage
street shall not be located within 6.0 metres of the flankage street line.
(e) Minimum Rear Yard - 7.0 metres
(g) Maximum Lot Coverage - N/A
Notwithstanding provision b) of Subsection 4.10.3 "Dimensions of Parking
Spaces", on those lands zoned "R4-27" by this By-law, the following shall apply:
The parking space size located within a garage shall have a minimum
width of 2.75 metres and have a minimum length of 6.0 metres. Stairs
shall be permitted to encroach 0.5 metres into the length of this parking
space.
In addition to the regulations of Subsection 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
(a)
Covered porches may project into any required front yard a distance of
not more than 3.0 metres and 1.6 metres for a flankage yard;
(b)
Bay windows either with or without foundations may project into any
required front, rear, or flankage yards a distance of not more than 0.9
metres; and,
(c)
Stairs may project into any required front yard a distance of not more
than 4.5 metres and a flankage yard of not more than 2.4 metres
Notwithstanding Section 4.13.1 "Special Setback - Daylight Triangles" the
following shall apply:
PART 6
RESIDENTIAL ZONES
RES-92
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 0.5 metres
for a building or porch, including porch foundations walls; and, 0.0 metres
for eaves and gutters.
By-law 10-327 (OMB) R4-28(H)
22 Green Mountain Road West, Schedule "A", Map No. 11
Ntowithstanding the definition of "Lot Line - Front" in By-law No. 3692-92, for
Block 17 and Block 18 of Schedule "A", "Lot Line - Front" shall be deemed to
be Street "F" for Block 17 and Street "C" for Block 18 as per Draft Plan of
Subdivision 25T-200803
Notwithstanding the provisions of Paragraphs (a), (c), (d), (e), (f), and (G) of
Subsection 6.5.3 of the Single Residential "R4" Zone, on those lands zoned
"R4-28(H)" by this By-law, the following shall apply:
(a)
Minimum Lot Area
-
300 square metres, except 360
square metres for a corner lot
(c)
Minimum Front Yard
-
4.5 metres to the dwelling,
except 6.0 metres to the garage
(d)
Minimum Side Yard
-
1.2 metres on one side and 0.6
metres on the other side of the
dwelling unit subject to a
maintenance easement for any
minimum side yard that is less
than 1.2 metres with said
maintenance
easement
permitting encroachment for
maintenance purposes only for
no more than 0.6 metres into
the side yard of the lot adjacent
the yard with a side yard setback
less than 1.2 metres except;
PART 6
RESIDENTIAL ZONES
RES-93
On a corner lot the minimum side yard abutting the flankage street shall
be 2.4 metres, except that an attached garage which fronts on the flankage
street shall not be located within 6.0 metres of the flankage street line.
(e) Minimum Rear Yard - 7.0 metres
(f) Height - 8.5 metres
(g) Maximum Lot Coverage - N/A
Notwithstanding provision b) of Subsection 4.10.3 "Dimensions of Parking
Spaces", on those lands zoned "R4-28" by this By-law, the following shall
apply:
The parking space size located within a garage shall have a minimum
width of 2.75 metres and have a minimum length of 6.0 metres. Stairs
shall be permitted to encroach 0.5 metres into the length of this parking
space.
In addition to the regulations of Subsection 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
(a)
Covered porches may project into any required front yard a distance of
not more than 3.0 metres and 1.6 metres for a flankage yard;
(b)
Bay windows either with or without foundations may project into any
required front, rear, or flankage yards a distance of not more than 0.9
metres; and,
(c)
Stairs may project into any required front yard a distance of not more
than 4.5 metres and a flankage yard of not more than 2.4 metres
Notwithstanding Section 4.13.1 "Special Setback - Daylight Triangles" the
following shall apply:
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 0.5 metres
for a building or porch, including porch foundations walls; and, 0.0 metres
for eaves and gutters.
PART 6
RESIDENTIAL ZONES
RES-94
By-law 14-062
That the (H) Symbol may be removed by further amendment to this By-law at
such time as the following matter has been completed:
(a)
That the visual analysis of the Escarpment brow is finalized to the
satisfaction of the City and the Niagara Escarpment Commission.
By-law 11-091
R4-29
North Side of Mud Street, East of Felkers Creek, Schedule
Repealed by
"A", Map No. 10
By-law 12-161
Notwithstanding the provisions of Paragraphs (a) and (f) of Subsection 6.5.3 of
the Single Residential "R4" Zone, on those lands zoned "R4-29" by this By- law,
the following shall apply:
(a)
Minimum Lot Area
- 290 square metres
(f)
Maximum Building Height
- 11 metres and the elevation of the
peak of a roof shall be a
maximum of 198.0 masl.
By-law 11-091
R4-30
North Side of Mud Street, East of Felkers Creek, Schedule "A",
Map No. 10
Repealed by
By-law 12-161
Notwithstanding the provisions of Paragraphs (a), (e) and (f) of Subsection
6.5.3 of the Single Residential "R4" Zone, on those lands zoned "R4-30" by
this By-law, the following shall apply:
(a)
Minimum Lot Area
-
256 square metres
(e)
Minimum Rear Yard
-
3.0 metres
(f)
Maximum Building Height - 11 metres and the elevation of
the peak of a roof shall be a
maximum of 198.0 masl.
By-law 14-180
R4-31
420 First Road West, Schedule "A", Map No. 11
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e) and (g) of
Subsection 6.5.3 of the Single Residential "R4" Zone, on those lands zoned "R4-31"
by this By-law, the following shall apply:
(a)
Minimum Lot Area:
250 square metres, except 290 square
metres for a corner lot.
PART 6
RESIDENTIAL ZONES
RES-95
(b)
Minimum Frontage:
9.2 metres to the dwelling, except
11.0 metres for a corner lot.
(c)
Minimum Front Yard:
4.5 metres to the dwelling, except 6.0
metres to the garage door face.
(d)
Minimum Side Yard:
1.2 metres, one the garage side and 0.6
metres on non-garage side, subject to a
maintenance agreement registered on
title for any minimum side yard that is
less than 1.2 metres, with said
maintenance easement permitting
encroachment for maintenance
purposes only for no more than 0.6
metres into the side yard with a side
yard setback less than 1.2 metres. A
0.6 metre side yard setback shall not be
permitted adjacent to any side lot line
less than 1.2 metres.
On a lot where an emergency/overland
flow route shall be located or where
back-to-front drainage is proposed, a
minimum 2.0 metre side yard
separation between buildings shall be
provided and maintained between
buildings along one common lot line.
Minimum Flankage Yard:
On a corner lot, the minimum side yard
abutting the flankage street shall be 2.4
metres, except that an attached garage
which fronts on the flankage street
shall not be located within 6.0 metres
to the flankage street line.
(e)
Minimum Rear Yard:
7.0 metres.
(g)
Maximum Lot Coverage:
N/A.
Notwithstanding Sub-section 4.10.3 "Dimensions of Parking Spaces" on those lands
zoned "R4-31" by this By-law the following shall apply:
a)
The parking space size located within a garage shall have a minimum width of
2.75 metres and have a minimum length of 6.0 metres. Stairs shall be
permitted to encroach 0.5 metres into the length of this parking space.
PART 6
RESIDENTIAL ZONES
RES-96
In addition to the regulations of Sub-section 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
a)
Covered porches may project into any required front yard a distance of not
more than 3.0 metres and 1.8 metres for a flankage yard;
b)
Bay windows, either with or without foundations, may project into any
required front, rear, and/or flankage yards a distance of not more than 0.9
metres;
c)
Stairs may project into any required front yard a distance of not more than
4.5 metres and a flankage yard of not more than 2.4 metres;
d)
A cantilever and/or alcove, either with or without foundations, may project
into any required front, rear, or garage side yard a distance of not more than
0.6 metres; and,
e)
A decorative pillar on the garage face may encroach into the front yard, but
shall not encroach into the required parking space.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" the
following shall apply:
a)
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 1.0 metre for a
building or porch, including porch foundations walls, and 0.5 metres for
eaves or gutters.
By-law 14-180
R4-31(H1)
420 First Road West, Schedule "A", Map No. 11
Notwithstanding the provision of Section 3.8 "Holding Zones", on those lands zoned
"R4-31(H1)" by this By-law, the Holding (H) symbol may be removed and thereby
give effect to the "R4-31" Zone provisions in Section 5 above, upon completion of
the following:
a)
That those lands located within the 50 dBA sound level demarcation of the
All Around Contracting facility not be developed until such time as the
facility ceases to operate, to the satisfaction of the Director of Planning.
By-law 14-180
R4-31(H1, H2)
420 First Road West, Schedule "A", Map No. 11
By-law 16-095
Notwithstanding the provision of Section 3.8 "Holding Zones", on those lands zoned
"R4-31(H1, H2)" by this By-law, the Holding (H) symbol may be removed and
thereby give effect to the "R4-31" Zone provisions in Section 5 above, upon
completion of the following:
PART 6
RESIDENTIAL ZONES
RES-97
a)
That all residential lands within 160 metres of the working licenced limits of
the active quarry or the limits of the former quarry under rehabilitation shall
not be developed until such time as the completion of mining and the
completion of rehabilitation on the quarry lands immediately adjacent to the
Holding (H) Zone have been finalized to the satisfaction of the Director of
Planning; and,
b)
That those lands located within the 50 dBA sound level demarcation of the
All Around Contracting facility not be developed until such time as the
facility ceases to operate, to the satisfaction of the Director of Planning.
By-law 15-259
R4-32
435 First Road West, Schedule "A", Map No. 11
By-law 18-268
(H REMOVAL)
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e) (f) and (g) of
Subsection 6.5.3 of the Single Residential "R4" Zone, Zone Regulations, and Section
4.19 "Yard Encroachments", the regulations of the Residential "R4-31" Zone,
Modified, as established under By-law No. 14-180, shall apply on those lands zoned
"R4 - 32" by this By-law, save and except for regulations (b) and (f), the following
shall apply:
(b)
Minimum Lot Frontage:
Interior Unit
9.0 metres
Corner Unit
11.0 metres
(f)
Maximum Building Height:
2 storeys, or maximum 10.3 metres
for "Block 17" on Schedule "A";
otherwise, 3 storeys or a maximum of
11.0 metres to the peak of the average
grade of the front of the dwelling.
All other regulations of the Residential "R4" Zone shall apply.
By-law 17-186
R4-33 440 First Road West, Schedule "A", Map No. 11
By-law 18-253
Notwithstanding the provisions of Paragraphs (a), (b), (d), and (g) of Subsection
6.5.3 of the Single Residential "R4" Zone, Zone Regulations and Subsection 4.13.1
"Special Setbacks - Daylight Triangles" the regulations of the Residential "R4-33"
Zone, Modified, as established for those lands zoned "R4-33" by this By-law, the
following shall apply:
(a)
Minimum Lot Area Corner Lot
340 square metres
(b)
Minimum Lot Frontage Corner Lot
11.0 metres
(d)
Minimum Side Yard
PART 6
RESIDENTIAL ZONES
RES-98
1.
1.2 metres shall be provided on the garage side and 0.6 metres
shall be provided on the non - garage side of the dwelling unit,
subject to a maintenance easement registered on title for any
minimum side yard that is less than 1.2 metres, with said
maintenance easement permitting encroachment for maintenance
purposes only for no more than 0.6 metres into the side yard
with a side yard setback less than 1.2 metres.
A 0.6 metre side yard setback shall not be permitted adjacent to
any side lot line less than 1.2 metres.
3.
Minimum Flankage Yard: 1.8 metres
(g)
Maximum Lot Coverage
46 %
All other regulations of the Residential "R4" Zone shall apply.
Notwithstanding Section 4.13.1, the following shall apply:
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 2.0 metre for
a building or porch, including porch foundations walls, and 1.0 metres for
eaves or gutters.
By-law 17-186
R4-33(H2) 440 First Road West, Schedule "A", Map No. 11
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands
zoned "R4-33(H2)" by this By-law, the Holding "H" symbol may be removed
by City Council and thereby give effect to the "R4-33" Zone provisions upon
completion of the following:
a)
That the subject lands be assembled with lands to the north, within the
Nash Neighbourhood, to the satisfaction of the City's Director of
Planning and Chief Planner.
By-law 18-055
By-law 18-254
R4-34
2 Glover Mountain Road, Schedule "A", Map No.
1352
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), and (g) of
Section 6.5.3 "Zone Regulations" of the Single Residential "R4" Zone and
Section 4.19 "Yard Encroachments", the regulations of the Single Residential
"R4-31" Zone, Modified, as established under By-law No. 14-180, shall apply on
those lands zoned "R4-34" by this By-law, and the following shall also apply:
(a)
Maximum Building Height
10.3 metres (2 storeys) and
the elevation of the peak of
PART 6
RESIDENTIAL ZONES
RES-99
the roof shall be a
maximum of 196.5 masl.
By-law 20-152
R4-35
1218 and 1226 Barton Street, 1219 Highway No. 8,
Schedule "A", Map No. 8 (Blocks 1, 2 and 3)
Notwithstanding the meaning of "Lot - Corner" in Part 2, Definitions, on those
lands zoned "R4-35" by this By-law, the following shall apply:
Lot - Corner
Means:
(a)
A lot situated at the intersection of and abutting on two or more streets and
which streets have an angle of intersection of not more than 135 degrees,
but does not include streets which have 0.3 metre reserves; or
(b)
A lot abutting a curve of a street the adjacent sides of which curve contain
an angle facing the lot of not more than 135 degrees, and such angle shall
be formed by their tangents drawn from the points where the side lot lines
meet the lot line abutting a street but does not include a lot abutting the
bulb of a cul-de-sac or a turning circle, but does not include streets which
have 0.3 metre reserves.
In addition to Part 2, Definitions, on those lands zoned "R4-35" by this By-law,
the following shall apply:
Swale
Means a graded or engineered landscape feature, appearing as a linear, shallow,
open channel for the purpose of conveying surface stormwater drainage, and
includes an emergency overland flow route.
Notwithstanding any other provision of this By-law, no building or structure shall
be located within a swale.
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), and (g) of
Subsection 6.5.3 of Section 6.5, Single Residential "R4" Zone, on those lands
zoned "R4-35" by this By-law, the following shall apply:
(a)
Minimum Lot Area
Interior Lot -
310 square metres
Corner Lot -
370 square metres
(b)
Minimum Lot Frontage
Interior Lot -
11.0 metres
Corner Lot -
12.7 metres
PART 6
RESIDENTIAL ZONES
RES-100
(c)
Minimum Front Yard
For Lots Fronting onto Barton Street and Highway No. 8 -
9.5 metres to the dwelling, except 10.0 metres to
an attached garage.
For All Other Lots - 4.5 metres to the dwelling, except 6.0 metres to an
attached garage.
(d)
Minimum Side Yard - 1.2 metres, except:
1. On an interior lot where a swale is provided in
the side yard, the minimum side yard shall be
0.6 metres measured from the uppermost
interior edge of the swale's slope to the nearest
wall of any building or structure on the lot,
provided that the distance between the side lot
line and the nearest wall of the principal
building on the lot shall not be less than 1.2
metres.
2. On a corner lot, the minimum side yard abutting
the flankage lot line shall be 3 metres, except
that an attached garage or attached carport
which fronts on the flankage lot line shall not be
located within 6.0 metres of the flankage lot
line.
(g)
Maximum Lot Coverage - 48 percent
In addition to Subsection 6.5.3 of Section 6.5, Single Residential "R4" Zone, on
those lands zoned "R4-35" by this By-law, the following shall apply:
(h)
The minimum width of the front elevation of a dwelling, not including
the attached garage, shall be 2.4 m measured along the foundation of the
porch.
Notwithstanding the provision of Paragraph a) of Subsection 4.10.3 "Dimensions
of Parking Spaces" and the provision of Paragraph d) of Subsection 6.1.8 "Parking
Restrictions in Residential Zones", on those lands zoned "R4-35" by this By-law,
the following shall apply:
(a)
Parking spaces for 90° perpendicular parking and parking spaces located
within a residential garage shall have a minimum width of 3.0 metres and
minimum length of 6.0 metres. Stairs, to a maximum height of 0.54 m,
up to 0.6 metres, shall be permitted to encroach into an interior garage
parking space.
PART 6
RESIDENTIAL ZONES
RES-101
Notwithstanding the provisions of Section 4.13.1 "Special Setbacks - Daylight
Triangles" and Paragraphs a) and d) of Subsection 4.19 "Yard Encroachments",
the following shall apply:
(a)
Sills, belt courses, cornices, chimney breasts, decorative brick facing or
pilasters, which may project into any required yard a distance of not more
than 0.5 metres.
(b)
Canopies and decks, including a cold cellar underneath same, may project
into any required front yard 1.5 metres. Canopies and decks may project
into any required rear yard not more than 4 metres. Notwithstanding the
foregoing, any deck or patio which is less than 0.3 metres in height may
be located in any required yard.
(c)
Unenclosed porches may project into a required front yard a distance of
not more than 3.0 metres and into a required flankage yard a distance of
not more than 1.8 metres, exclusive of eaves and gutters.
(d)
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 2 metres for
a building; 0.5 metres for a porch, including porch foundations walls;
and, 0.0 metres for eaves or gutters.
(e)
Bay windows, either with or without foundations, may project into a
required front, rear, or flankage yard not more than 0.9 metres.
(f)
Balconies may project into any required front yard a distance of not more
than 2.0 metres.
In addition to the regulations of Subsections 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
(a)
Stairs may project into a required front yard not more than 4.5 metres.
By-law 20-152
R4-36
1218 and 1226 Barton Street, 1219 Highway No. 8,
By-law 23-036
Schedule "A", Map No. 8 (Blocks 4 and 5)
(H REMOVAL)
All provisions of the "R4-35" Zone provisions in Section 2 above shall also apply
on those lands zoned "R4-36" by this By-law.
In addition to Subsection 6.5.3 of Section 6.5, Single Residential "R4" Zone and
Subsection 6.5.7, "Special Exemptions" of Section 6.5, Single Residential "R4-
35" Zone, Modified, on those lands zoned "R4-36" by this By-law, the following
shall apply:
(i)
The maximum width of a driveway and the maximum interior width of an
attached garage or an attached carport shall not be more than 4.5 metres.
By-law 20-152
R4-37
1218 and 1226 Barton Street, 1219 Highway No. 8,
Schedule "A", Map No. 8 (Block 6)
PART 6
RESIDENTIAL ZONES
RES-102
All provisions of the "R4-35" Zone provisions in Section 2 above shall also apply
on those lands zoned "R4-37" by this By-law.
In addition to the uses permitted in Subsection 6.5.2 of Section 6.5, Single
Residential "R4" Zone, those lands zoned "R4-37" may also be used for a storm
water management pond.
By-law 24-017-OLT
R4-37
"R4-38" 11, 19, 20, 21, 23, 27 and 30 Lakeside Drive and 81
Waterford Crescent, Schedule "A" Map No. 2 (Blocks 11 and 12)
Notwithstanding the provisions of Paragraphs (c), (d), (e), and (g) of Subsection
6.5.3 of Section 6.5, Single Residential "R4" Zone, on those lands zoned "R4-
38" by this By-law, the following shall apply:
(a) Minimum Front Yard
3.5 metres to the dwelling,
except 6.0 metres to an
attached garage
(b) Minimum Side Yard
1.2 metres on the side with
the garage and 0.6 metres
on the other side.
(c) Minimum Rear Yard
6.0 metres
(d) Maximum Lot Coverage
62 percent
In addition to Subsection 6.5.3 of Section 6.5, Single Residential "R4" Zone,
those lands zoned "R4-38" by this By-law shall not apply to corner lots.
PART 6
RESIDENTIAL ZONES
RES-103
SECTION 6.6
RESIDENTIAL "R5" ZONE
6.6.1
Scope
No person shall within any Residential "R5" Zone, use any land or erect, alter
or use any building or structure, except in accordance with the following
provisions:
6.6.2
Permitted Uses For Each Lot
(a) A semi-detached dwelling
By-law 4200-95
(b)
A Home Occupation
(c) Uses, buildings or structures accessory to a permitted use
By-law 22-196
(d)
In addition to the uses permitted in Section 6.6.2 (a), (b), and (c), on a lot
identified on Figure 1 of Part 15: Special Figures, the following additional
uses are permitted:
1.
A Duplex
2.
Street Townhouses
6.6.3
Zone Regulations For The Use Permitted Under Section 6.6.2 (a)
By-law 22-196
(a) Minimum Lot Area
1.
Undivided Semi-Detached Lot
Interior Lot
-
600 square metres
Corner Lot
-
650 square metres
2.
Divided Semi-Detached Lot
Interior Lot
-
300 square metres
Corner Lot
-
350 square metres
(b) Minimum Lot Frontage
1.
Undivided Semi-Detached Lot
Interior Lot
-
18 metres
Corner Lot
-
19.5 metres
2.
Divided Semi-Detached Lot
Interior Lot
-
9 metres
Corner Lot
10.5 metres
(c) Minimum Front Yard - 6 metres
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
PART 6
RESIDENTIAL ZONES
RES-104
than 1.25 metres except as provided in clauses 1, 2, 3 and 4 below:
By-law 3863-93 1. An attached garage or attached carport may be erected at a distance
of not less than 1 metre from a side lot line which does not abut a
flankage street;
PART 6
RESIDENTIAL ZONES
RES-105
2.
On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
3.
On a corner lot, the minimum side yard abutting the flankage lot
line shall be 3 metres, except that an attached garage or attached
carport which fronts on the flankage lot line shall not be located
within 5.5 metres of the flankage lot line.
4.
No side yard is required along the common wall separating the two
dwelling units.
(e)
Minimum Rear Yard
-
7.5 metres
By-law 5068-00
(f)
Maximum Building Height -
11 metres
(g)
Maximum Lot Coverage
-
40 percent
6.6.3.1
By-law 22-196
Zone Regulations For Uses Permitted Under Section 6.6.2 (d)
(a) Duplex dwellings shall comply with the provisions of Section 6.7.3 (c),
6.7.4, 6.7.5, 6.7.6, 6.7.6.1, and 6.7.6.2.
(b) Street townhouse dwellings shall comply with the provisions of
Sections 6.9.3, 6.9.4, 6.9.5, and 6.9.5.1.
6.6.4
Regulations For Parking For The Use permitted Under Section 6.6.2 (a)
By-law 22-196
Minimum number of parking spaces - 2 per dwelling unit of which only one
per dwelling unit may be provided in the required front yard. Tandem parking
is permitted.
6.6.5
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 4.5 and 6.1.4.
6.6.5.1
Regulations for Secondary Dwelling Units and Secondary Dwelling Units -
Detached
Secondary Dwelling Units and Secondary Dwelling Units -
Detached are permitted in accordance with Section 6.1.7.
6.6.5.2
Regulations for Converted Dwellings
By-law 22-196
Converted dwellings are permitted in accordance with Section
6.1.7.3.
PART 6
RESIDENTIAL ZONES
RES-106
6.6.6
Semi-detached Dwelling Units Connected Below Ground Only
Notwithstanding the definition of a semi-detached dwelling unit in this By-law
all semi-detached dwelling units which are connected below ground only and
which existed on the date of passage of this By-law shall be deemed to
conform to the provisions of this By-law.
6.6.7
Special Exemptions
R5 - 1
Bayview Estates Lands, Registered Plan No. 62M-645,
Schedule "A", Map No. 2
Notwithstanding the definition of a semi-detached dwelling unit of this
By-law, on those lands zoned "R5-1" by this By-law, the units may be connected
below ground only. Notwithstanding the provisions of paragraph (a) of Section
6.6.3 of the Residential "R5" Zone, on those lands zoned "R5-1" by this By-law,
the minimum lot area shall be 600 square metres and the minimum lot area for
any semi-detached lot which has been divided for the purpose of individual
ownership shall be 300 square metres.
PART 6
RESIDENTIAL ZONES
RES-107
By-law 5042-99
By-law 4001-94
R5 - 2 Blocks 149 to 152, Registered Plan No. 62M-725, Dalegrove
Crescent, Schedule "A", Map No. 15
Notwithstanding the provisions of paragraph (a) of Section 6.6.3 of the Single
Residential "R5" Zone, on those lands zoned "R5-2" by this By-law, the
minimum lot area for a divided lot shall be 275 square metres.
Notwithstanding the definition of "Dwelling - Semi-detached" on those lands
zoned "R5-2" by this By-law, a pair of dwelling units attached horizontally or
in part above or below grade may be permitted.
By-law 5099-00
R5 - 3
Southwest Corner of Upper Centennial Parkway and Highgate
Drive, Schedule "A", Map No. 16
Repealed by By-law No. 5099-00.
R5 - 4 Northwest Corner of Dewitt Road and Salina Place, Schedule
"A", Map No. 10
Deleted by By-law No. 5196-00 (See General Commercial "GC-48" Zone)
By-law 4001-94
R5 - 5
Lots 122 to 130 and 135 to 146, Registered Plan No. 62M-725,
Dalegrove Crescent, Schedule A, Map No. 15
Notwithstanding the definition of "Dwelling - Semi-detached" on those lands
zoned "R5-5" by this By-law, a pair of dwelling units attached horizontally or in
part above or below grade may be permitted.
PART 6
RESIDENTIAL ZONES
RES-108
(e) Minimum Rear Yard
-
7 metres
(f) Maximum Building Height
-
12.6 metres
By-law 4915-99
OMB Order
Nov. 4, 1999
R5 - 6 Part of Lot 2, Broken Front Concession, Schedule A, Map No. 4
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e), (f) and (g)
of Section 6.6.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those
lands zoned "R5-6" by this By-law, the following shall apply:
(a) Minimum Lot Area
1.
Undivided Semi-Detached Lot
Interior Lot
-
400 square metres
Corner Lot
-
440 square metres
2.
Divided Semi-Detached Lot
Interior Lot
-
180 square metres
Corner Lot
-
200 square metres
(b) Minimum Lot Frontage
1.
Undivided Semi-Detached Lot
Interior Lot
-
18 metres
Corner Lot
-
19.3 metres
2.
Divided Semi-Detached Lot
Interior Lot
-
7.5 metres
Corner Lot
9 metres
(c) Minimum Front Yard
- 3 metres, except 5.8 metres to an attached
garage or attached carport
Maximum Front Yard
- 4.5 metres, except 6.3 metres to an attached
garage or attached carport.
(d) Minimum Side Yard
- No part of any dwelling shall be located closer
than 1.2 metres except as provided in clauses (i), (ii) and (iii) below:
(i)
On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
(ii) On a corner lot, the side yard abutting the flankage lot line shall be a
minimum of 3 metres and a maximum of 4.5 metres, except that an
attached garage or attached carport shall not front on the flankage
street.
(iii) No side yard is required along the common wall separating the two
dwelling units.
PART 6
RESIDENTIAL ZONES
RES-109
(g) Maximum Lot Coverage - None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply:
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 2 metres for a
building; 0.5 metres for a porch, including porch foundation walls; and, 0.0
metres for eaves or gutters.
By-law No. 5228-00
Notwithstanding Section 6.6.2 of the Residential "R5" Zone, a single detached
dwelling shall be a permitted use in accordance with the regulations of Section
6.5, Single Residential "R4" Zone, except as follows:
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e), (f) and (g)
of Section 6.5.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those
lands zoned "R5-6" by this By-law, the following shall apply:
(a) Minimum Lot Area
Interior Lot
-
210 square metres
Corner Lot
-
240 square metres
(b) Minimum Lot Frontage
Interior Lot
-
9 metres
Corner Lot
-
10 metres
(c) Minimum Front Yard - 3 metres, except 5.8 metres to an attached garage
or attached carport.
Maximum Front Yard - 4.5 metres, except 6.3 metres to an attached
garage or attached carport.
(d) Minimum Side Yard - No part of any dwelling shall be located closer
than 1.2 metres to a side lot line, except as provided in clauses (i), (ii) and
(iii) below:
(i)
The minimum side yard on the side of the dwelling containing an
attached garage or attached carport may be .6 metres except for a
side yard which abuts a flankage street;
(ii) On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres; and
PART 6
RESIDENTIAL ZONES
RES-110
By-law 03-027
(iii) On a corner lot, the minimum side yard abutting the flankage lot line
shall be 3 metres and a maximum of 4.5 metres, except that an attached
garage or attached carport shall not front on the flankage street.
(e) Minimum Rear Yard - 7 metres
(f) Maximum Building Height - 12.6 metres
(g) Maximum Lot Coverage - None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
Notwithstanding Section 4.13.1, "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1, "Yard Encroachments - General
Application" the following provision shall apply:
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 2 metres for a
building; 0.5 metres for a porch, including porch foundation walls; and, 0.0
metres for eaves or gutters.
Notwithstanding the provisions of paragraph (d) of Section 6.1.8 "Parking
Restrictions in Residential Zones" of Zoning By-law No. 3692-92, on those lands
zoned "R5-6" by this By-law, the following shall apply: One parking space
within a private residential garage shall not be less than 2.7 metres in
width or less than 5.8 metres in length.
By-law 5031-99
R5 - 7
Part of Lot 18, Concession 2, Schedule "A", Map No. 6
By-law 02-024
In addition to the uses permitted in Section 6.6.2 of the Residential "R5" Zone of
Zoning By-law No. 3692-92, a single detached dwelling may also be permitted in
accordance with paragraphs (c), (d)(i) and (ii), (f) and (g) of the "R5-7" Zone.
By-law 02-024
Notwithstanding the provisions of paragraphs (a) and (b) of Subsection 6.6.3 of
the Residential "R5" Zone, the minimum lot frontage for a single detached
dwelling shall be nine (9) metres for an interior lot and ten (10) metres for a
corner lot. The minimum lot area shall be two hundred and ten (210) square
metres for an interior lot and two hundred and forty (240) square metres for a
corner lot.
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e), (f) and (g) of
Section 6.6.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands
zoned "R5-7" by this By-law, the following shall apply:
PART 6
RESIDENTIAL ZONES
RES-111
(a)
Minimum Lot Area
1.
Undivided Semi-Detached Lot
Interior Lot
-
430 square metres
Corner Lot
-
460 square metres
2.
Divided Semi-Detached Lot
Interior Lot
-
180 square metres
Corner Lot
-
200 square metres
(b)
Minimum Lot Frontage
1.
Undivided Semi-Detached Lot
Interior Lot
-
18 metres
Corner Lot
-
19.2 metres
2.
Divided Semi-Detached Lot
Interior Lot
-
7.5 metres
Corner Lot
8.7 metres
(c)
Minimum Front Yard - 3 metres, except 5.3 metres to an attached
garage or attached carport
(d)
Minimum Side Yard - No part of any dwelling shall be located closer
than 1.2 metres to a side lot line except as provided in clauses (i), (ii)
and (iii) below:
(i)
On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 2.4 metres; and
(ii) On a corner lot, the minimum side yard abutting the flankage lot
line shall be 2.4 metres, except that an attached garage or attached
carport which fronts on the flankage street shall not be located within
5.8 metres of the flankage lot line.
(iii) No side yard is required along the common wall separating the two
dwelling units.
(f)
Maximum Building Height
-
12.6 metres
(g)
Maximum Lot Coverage
-
None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required
flankage yard.
PART 6
RESIDENTIAL ZONES
RES-112
By-law 13-130
R5-11
339 & 347 Fifty Road and 1317 & 1329 Barton Street, Schedule
(OMB Approval)
"A", Map No. 9
Notwithstanding the uses permitted in Section 6.6.2 of the Residential "R5" Zone,
Single Detached Dwellings shall also be permitted on those lands zoned "R5-11".
The provisions of Sections 6.6.3, 6.6.4, and 6.6.5 of Zoning By-law No. 3692-92,
shall also apply to Single Detached Dwellings on those lands zoned "R5-11" by this
By-law.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments", the following shall
apply:
Any lot located at the intersection of two or more roads will require a minimum yard
to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5 metres for a
porch, including porch foundation walls; and 0.0 metres for eaves and gutters.
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d 3.), (e), and (g) of
Section 6.6.3, of Zoning By-law No. 3692-92, on those lands zoned "R5-11" by this
By-law, the following shall apply:
(a)
Minimum Lot Area:
(1)
Undivided Semi- Detached Lot:
480 . m., except 520 sq. m. for
a corner lot.
(2)
Divided Semi-Detached Lot:
240 sq. m., except 280 sq. m. for
a corner lot.
(3)
Single Detached Dwelling: 275
sq. m., except 340 sq. m. for a
corner lot.
(b)
Minimum Lot Frontage:
Single Detached Dwelling: 9.5m,
except 12.5m for a corner lot.
Semi-Detached Dwelling: the
provisions of Section 6.6.3 shall
apply.
(c)
Minimum Front Yard:
Single Detached Dwellings and Semi-
Detached Dwellings: 4.5m to the
dwelling, except 6.0m to an attached
garage.
PART 6
RESIDENTIAL ZONES
RES-113
(d)
Minimum Side Yard:
Single Detached Dwellings and Semi-
Detached Dwellings: on a corner lot,
the minimum side yard abutting the
flankage lot line shall be 2.0m, except
that an attached garage or attached
carport which fronts on the flankage
lot line shall not be located within
4.5m for the flankage lot line.
(e)
Minimum Rear Yard:
Single Detached Dwellings and Semi-
Detached Dwellings: 7.0m.
(g)
Maximum Lot Coverage:
Single Detached Dwellings and Semi-
Detached Dwellings: N/A.
By-law 04-279
R5 - 8 143 Green Road, Schedule A, Map No. 6
OMB Order 2327
Sept. 2, 2005
Notwithstanding the provisions of Paragraph (b), of Section 6.6.3 of the "Zone
Regulations" of the Residential "R5" Zone on those lands zoned "R5-8" by this
By-law, the following shall apply.
(b)
Minimum Lot Frontage
1.
Undivided Semi-Detached Lot - 15 metres
2.
Divided Semi-Detached Lot
- 7.5 metres
By-law 05-007
R5 - 9
Part of Lots 11 and 12, Broken Front Concession, Schedule A,
Map No. 2
In addition to the regulations of Section 4.19 "Yard Encroachments", porches
and balconies, including porch foundation walls, may project 1.5 metres into
the required flankage yard. All other provisions of the "R5-6" Zone shall
apply.
By-law 10-320 (OMB) R5-10
198 First Road West, Schedule "A", Map No. 16
By-law 20-082-LPAT
Notwithstanding the provisions of Paragraphs (a) and (b) of Subsection 6.6.3
of the Single Residential "R5" Zone, on those lands zoned "R5-10" by this By-
law, the following shall apply:
(a) Minimum Lot Area
2.
Divided Semi-Detached Lot
Modified by Interior Lot
- 190 square metres
PART 6
RESIDENTIAL ZONES
RES-114
By-law 20-082-LPAT Corner Lot
- 290 square metres
(b)
Minimum Lot Frontage
2.
Divided Semi-Detached Lot
Interior Lot
- 6.5 metres
Corner Lot
- 8.5 metres
PART 6
RESIDENTIAL ZONES
RES-115
SECTION 6.7
RESIDENTIAL "R6" ZONE
6.7.1
Scope
No person shall within any Residential "R6" Zone use any land or erect, alter
or use any building or structure except in accordance with the following
provisions:
6.7.2
Permitted Uses For Each Lot
(a)
A single detached dwelling
(b)
A semi-detached dwelling
(c)
A duplex
By-law 4200-95
(d)
A Home Occupation
(e) Uses, buildings or structures accessory to a permitted use
By-law 22-196
(f) In addition to the uses permitted in Section 6.7.2 (a), (b), (c), (d), and (e),
on a lot identified on Figure 1 of Part 15: Special Figures, the following
additional use is permitted:
1.
Street Townhouses
6.7.3
Zone Regulations
(a) One Single Detached Dwelling
1.
Minimum Lot Area
Interior Lot
- 310 square metres
Corner Lot
- 400 square metres
2.
Minimum Lot Frontage
Interior Lot
- 10 metres
Corner Lot
- 13 metres
3.
Minimum Front Yard
- 6 metres
4.
Minimum Side Yard - No part of any dwelling shall be located
closer than 1.25 metres except as provided in clauses (i), (ii) and
(iii) below:
By-law 3863-93 (i) An attached garage or attached carport may be erected at a
distance of not less than 1 metre from a side lot line which does
not abut a flankage street;
(ii)
On an interior lot, where no attached garage or attached
PART 6
RESIDENTIAL ZONES
RES-116
(i)
Undivided Semi-Detached Lot
Interior Lot
- 600 square metres
Corner Lot
- 650 square metres
(ii) Divided Semi-Detached Lot
Interior Lot
- 300 square metres
Corner Lot
- 350 square metres
Minimum Lot Frontage
(i)
Undivided Semi-Detached Lot
Interior Lot
- 18 metres
Corner Lot
- 19.5 metres
(ii) Divided Semi-Detached Lot
Interior Lot
- 9 metres
Corner Lot
- 10.5 metres
carport is provided, the minimum side yard on one side shall
be 3 metres; and
(iii)
On a corner lot, the minimum side yard abutting the flankage
lot line shall be 3 metres, except that an attached garage or
attached carport which fronts on the flankage lot line shall
not be located within 5.5 metres of the flankage lot line.
5.
Minimum Rear Yard
- 7.5 metres
By-law 5068-00
6.
Maximum Building Height
- 11 metres
7.
Maximum Lot Coverage
- 40 percent
By-law 4513-97
(b)
A Semi-Detached Dwelling
1.
Minimum Lot Area
2.
3.
Minimum Front Yard
- 6 metres
4.
Minimum Side Yard - No part of any dwelling shall be located
closer than 1.25 metres except as provided in clauses (i), (ii), (iii) and
(iv) below:
By-law 3863-93 (i) An attached garage or attached carport may be erected at a
distance of not less than 1 metre from a side lot line which
does not abut a flankage street;
ii)
On an interior lot, where no attached garage or attached
carport is provided, the minimum side yard on one side shall
PART 6
RESIDENTIAL ZONES
RES-117
be 3 metres; and
(iii) On a corner lot, the minimum side yard abutting the flankage
lot line shall be 3 metres, except that an attached garage or
attached carport which fronts on the flankage lot line shall not
be located within 5.5 metres of the flankage lot line.
(iv) No side yard is required along the common wall separating
the two dwelling units.
5.
Minimum Rear Yard
-
7.5 metres
By-law 5068-00
6.
Maximum Building Height
-
11 metres
7.
Maximum Lot Coverage
-
40 percent
(c)
A Duplex Dwelling
1.
Minimum Lot Area
Interior Lot
-
460 square metres
Corner Lot
-
505 square metres
2.
Minimum Lot Frontage
Interior Lot
-
15 metres
Corner Lot
-
16.5 metres
3.
Minimum Front Yard
-
6 metres
4.
Minimum Side Yard - No part of any dwelling shall be located
closer than 1.25 metres except as provided in clauses (i), (ii) and (iii)
below:
By-law 3863-93 (i) An attached garage or attached carport may be erected at a
distance of not less than 1 metre from a side lot line which does
not abut a flankage street;
(ii)
On an interior lot, where no attached garage or attached
carport is provided, the minimum side yard on one side shall
be 3 metres; and
(iii) On a corner lot, the minimum side yard abutting the flankage
lot line shall be 3 metres, except that an attached garage or
attached carport which fronts on the flankage lot line shall not
be located within 5.5 metres of the flankage lot line.
5. Minimum Rear Yard
-
7.5 metres
PART 6
RESIDENTIAL ZONES
RES-118
By-law 5068-00
6. Maximum Building Height
-
11 metres
7. Maximum Lot Coverage
-
40 percent
By-law 522-196 (d)
A Street Townhouse
The use shall comply with the provisions of Sections 6.9.3, 6.9.4 and
6.9.5, and 6.9.5.1.
6.7.4
Regulations For Parking For the Uses Permitted in Section 6.7.2 (a), (b),
and (c)
Minimum number of parking spaces - 2 per dwelling unit of which only one
per dwelling unit may be provided in the required front yard. Tandem parking
is permitted.
6.7.5
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 4.5 and 6.1.4.
6.7.6
Regulations For Home Occupations
Home occupations are permitted in accordance with Section 4.8.
6.7.6.1
Regulations for Secondary Dwelling Units and Secondary Dwelling Units -
Detached
Secondary Dwelling Units and Secondary Dwelling Units -
Detached are permitted in accordance with Section 6.1.7.
By-law 22-
196
6.7.6.2
Regulations For Converted Dwellings
Converted dwellings are permitted in accordance with Section 6.1.7.3.
6.7.7
Special Exemptions
OMB Order #0462
March 28, 2001
R6 - 1
38 Blenheim Street, Schedule "A", Map No. 6
By-law 08-093
In addition to the provisions of Subsection 6.7.2, "Permitted Uses", of the
Removal of "H"
Residential "R6" Zone, those lands zoned "R6-1" by this by-law, may also be
used as a triplex dwelling.
Notwithstanding the provisions of paragraph 4 of Subsection 6.7.3 of the
Residential "R6" Zone, the minimum northerly side yard shall be 1.5 metres
and the minimum southerly side yard shall be 1 metre.
Notwithstanding the provisions of Subsection 6.7.4, Regulations for Parking,
of the Residential "R6" Zone, a minimum of 5 parking spaces shall be
PART 6
RESIDENTIAL ZONES
RES-119
provided.
By-law 03-050
R6 - 2
Galileo Drive and Pisa Drive, Schedule "A", Map No. 2
Notwithstanding Section 6.7.2 of Zoning By-law No. 3692-92, the permitted
uses for each lot on these lands shall only include the following:
(a) Single detached dwellings and
semi-detached dwellings fronting onto a private road.
(b) A single detached dwelling
(c) A semi-detached dwelling
Notwithstanding the provisions of Paragraphs (a) and (b) of Section 6.7.3 of
Zoning By-law No. 3692-92, the total number of dwelling units permitted on
the lands zoned "R6-2" shall be 57.
Notwithstanding the provisions of Paragraphs (a) and (b) of Section 6.7.3 of
Zoning By-law No. 3692-92, the following regulations shall apply to single
detached dwellings and semi-detached dwellings fronting onto a private road:
1. Minimum Lot Area: - 3,600 square metres
2. Minimum Lot Frontage: - 35.0 metres
3. Minimum Yard Abutting a Street: - 3.0 metres
4. Minimum Side Yard: - 7.5 metres
5. Minimum Rear Yard: - 3.0 metres
6. Minimum Distance Between Buildings on the Same Lot:
2.4 metres between end walls, and 11.0 metres between an end wall and
a rear wall or front wall.
7.
Minimum Distance Between a Front Wall and an Internal Driveway: 3.5
metres, except 5.8 metres to an attached garage or carport.
8. Maximum Building Height: - 11.0 metres
9. Maximum Lot Coverage: - 35 percent
10.
Privacy Area:
Notwithstanding the yard requirements above, each dwelling unit shall
have at least one (1) area, which serves as a privacy area, which shall be
adjacent to the dwelling and shall have a minimum depth of 4.5 metres.
11.
Minimum Landscaped Open Space:
a. Not less than forty-five percent (45%) of the lot area shall be landscaped,
including privacy areas.
b. Not less than 1.5 metres of landscaped strip shall be provided
between any privacy area and any lot line.
c. A landscaped strip, having a minimum width of 3.0 metres, shall be
provided adjacent to every portion of any lot that abuts a street,
except for points of ingress and egress.
PART 6
RESIDENTIAL ZONES
RES-120
12.
Minimum Number of Parking Spaces:
Two (2) parking spaces and 0.5 visitor parking spaces for each dwelling
unit. Tandem Parking is permitted for non-visitor parking spaces.
Notwithstanding the provisions of Paragraphs (a)(1)(3)(4)(5) and (7) of
Section 6.7.3 of Zoning By-law No. 3692-92, the following regulations shall
apply to a single detached dwelling:
1. Minimum Interior Lot Area: - 290 square metres
2.
Minimum Front Yard:
-
4.5 metres, except 5.8 metres to
an attached garage or carport
3. Minimum Side Yard:
No part of any dwelling shall be located closer than 1.2 metres to a side
lot line, except that where no attached garage or attached carport is
provided, the minimum side yard on one (1) side shall be 3.0 metres.
4. Minimum Rear Yard: - 7.0 metres
5. Maximum Lot Coverage: - 50 percent
Notwithstanding the provisions of Paragraphs (b)(1)(2)(3)(4)(5) and (7) of
Section 6.7.3 of Zoning By-law No. 3692-92, the following regulations shall
apply to a semi-detached dwelling:
1. Minimum Interior Lot Area
Undivided Semi-Detached Lot: - 410 square metres
2. Minimum Interior Lot Area
Divided Semi-Detached Lot: - 205 square metres
3. Minimum Interior Lot Frontage
Undivided Semi-Detached Lot: - 15.2 metres
4. Minimum Interior Lot Frontage
Divided Semi-Detached Lot: - 7.6 metres
5.
Minimum Front Yard:
-
4.5 metres, except 5.8 metres to
an attached garage or carport
6.
Minimum Side Yard:
No part of any dwelling shall be located closer than 1.2 metres to a side lot
line, except that where no attached garage or attached carport is provided,
the minimum side yard on one (1) side shall be 3.0 metres; no side yard is
required along the common wall separating the two dwelling units.
7.
Minimum Rear Yard:
-
7.0 metres
8.
Maximum Lot Coverage:
-
50 percent
By-law 04-195
R6 - 3
241 Crompton Way, Schedule "A", Map No. 6
Notwithstanding the provisions of Paragraphs (b) 3., (b) 4., (b) 5., and (b) 6. of
PART 6
RESIDENTIAL ZONES
RES-121
Section 6.7.3 of the Residential "R6" Zone, for those lands zoned "R6-3" by
this By-law, the following shall apply:
(b) 3. Minimum Front Yard - 3 metres, except 5.8 metres to an attached
garage or an attached carport
(b) 4. Minimum Side Yard - No part of any dwelling shall be located closer
than 1.2 metres to a side lot line, except as provided in clauses (i), (ii),
(iii) and (iv) below:
(i)
The minimum side yard on the side of the dwelling containing an
attached garage or attached carport shall be 1.2 metres except for
a side yard which abuts a flankage street;
(ii) On an interior lot, where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3 metres;
(iii) On a corner lot, the minimum side yard abutting a flankage lot
line shall be 3 metres, except that an attached garage or attached
carport, which fronts on the flankage street, shall not be located
within 5.5 metes of the flankage lot line; and,
(iv) No side yard is required along the common wall separating the
two units.
(b) 5. Minimum Rear Yard - 6 metres, except 7.5 metres to an attached
garage or an attached carport.
(b) 6. Maximum Building Height - One Storey
By-law 08-207
R6 - 4
Highland Road West, Part of Lot 28, Concession 7, Schedule
"A", Map No. 6
Notwithstanding the provisions of Paragraphs (4) and (7) of Subsection 6.7.3 (b)
of the Single Residential "R6" Zone, on those lands zoned "R6-4" by this By-
law, the following shall apply:
4.
Minimum Side Yard - No part of any dwelling shall be located
closer than 1.2 metres to a side lot line, except as provided in Clauses
(i), (ii), (iii), (iv) and (v) below:
(i)
An attached garage or attached carport may be erected at a
distance of not less than 1 metre from a side lot line which does not
abut a flankage street;
(ii)
On an interior lot where no attached garage or attached carport is
provided, the minimum side yard on one side shall be 3.0 metres;
and,
PART 6
RESIDENTIAL ZONES
RES-122
(iii)
On a corner lot, the minimum side yard abutting the flankage lot
line shall be 3.0 metres, except that an attached garage or
attached carport which fronts on the flankage lot line shall not be
located within 5.5 metres of the flankage lot line.
(iv)
No side yard is required along the common wall separating the
two dwelling units.
(v)
Where there is no common wall separating the two dwelling
units, the minimum side yard shall be 0.6 metres, provided that a
maintenance easement is entered into between the owners of the
abutting lands and properly registered on title of each of the
abutting lots.
7. Maximum Lot Coverage - N/A
By-law 10-027
R6 - 5
311 and 321 Frances Avenue, Schedule "A", Map No. 1
Notwithstanding the provisions of Subsection 6.7.2 of the Residential "R6"
Zone, Street Townhouses shall also be permitted on those lands zoned "R6-5"
by this By-law.
Notwithstanding the provisions of Subsection 6.7.3 of the Residential "R6"
Zone, on those lands zoned "R6-5" by this By-law, the following shall apply:
(a) One Single Detached Dwelling:
1.
Minimum Lot Area
Interior
-
219 square metres
Corner
-
336 square metres
2.
Minimum Lot Frontage
Interior
-
7.3 metres
Corner
-
11.2 metres
3.
Maximum Front Yard
-
5.0 metres, except a minimum
of 5.8 metres to a garage
4.
Minimum Side Yard - No part of a dwelling shall be
located closer than 0.6 metres,
except as provided in clause (i)
below:
(i) on a corner lot, the mini- mum
side
yard
abutting
the
flankage lot line shall be 1.2
PART 6
RESIDENTIAL ZONES
RES-123
metres to the main building
or detached garage.
5.
Minimum Rear Yard
-
0.6 metres to a detached
garage
6.
Maximum Building Height
-
11.0 metres
7.
Maximum Lot Coverage
-
None
8.
Minimum Outdoor Privacy
-
30 square metres with no
dimension less than 5 metres, not
including a driveway
(b) Semi-Detached Dwelling:
1.
Minimum Lot Area
PART 6
RESIDENTIAL ZONES
RES-124
Interior
-
201 square metres
Corner
-
318 square metres
2.
Minimum Lot Frontage
Interior
-
6.7 metres
3.
Maximum Front Yard
-
5.0 metres, except a minimum
of 5.8 metres to a garage
4.
Minimum Side Yard - No Part of a dwelling shall be
located closer than 0.6 metres,
except as provided in clause (i)
below:
(i) on a corner lot, the mini-
mum side yard abutting the
flankage lot line shall be 1.2
metres to the main building
or detached garage
5.
Minimum Rear Yard
-
0.6 metres to a detached
garage
6.
Maximum Building Height
-
11.0 metres
7.
Maximum Lot Coverage
-
None
8.
Minimum Outdoor Privacy
- 25 square metres with no
Area
dimension less than 3.7 metres,
not including a driveway
(c)
Street Townhouses:
1.
Minimum Lot Area
- 183 square metres
2.
Maximum Front Yard
- 5.0 metres, except a minimum of
5.8 metres to a garage
3.
Minimum Side Yard
- No part of a dwelling shall be
located closer than 0.6 metres,
except as provided in clause (i)
below:
(i) on a corner lot, the minimum
side yard abutting the flankage lot
line shall be 1.2 metres to the
main building or detached garage.
5.
Minimum Rear Yard
-
0.6 metres to a detached
garage
6.
Maximum Building Height
-
12 metres
7.
Maximum Lot Coverage
-
None
8.
Minimum
Outdoor
Privacy
Area
-
16.5 square metres with no
dimension less than 2.8 metres,
not including a driveway
PART 6
RESIDENTIAL ZONES
RES-125
9.
Minimum Density - The minimum density for those
lands zoned "R6-5" by this By-
law shall be 23 units
Notwithstanding the definition of "Highway" in Section 2 "Definitions" of
Zoning By-law No. 3692-92, on those lands zoned "R6-5" by this By-law, a
private road/condominium road shall be considered to be a street.
By-law 12-161
R6-6
220 Mud Street West, Schedule "A", Map No. 10
Notwithstanding the provisions of Paragraphs 1., 2., 3., 4., 5., and 6., of Sub-
section 6.7.3(b) of the Residential "R6" Zone, on those lands zoned "R6-6" by
this By-law, the following shall apply:
1. Minimum Lot Area:
380 square metres for an undivided
semi-detached lot and 190 square
metres for a divided semi-detached
lot.
2. Minimum Lot Frontage:
15 metres for an undivided semi-
detached lot and 7.5metres for a
divided semi-detached lot.
3. Minimum Front Yard:
4.5 metres to the dwelling, except 6.0
metres to an attached garage.
4. Minimum Side Yard:
1.2 metres on the side of the dwelling
not attached by the common wall
separating the two dwelling units.
5. Maximum Lot Coverage:
N/A.
6. Minimum Rear Yard:
7.5 metres, except 7.0 metres where
the lot depth is 27.2 metres or less.
Notwithstanding Sub-section 4.13.1 "Daylight Triangles" of Section 4.13
"Special Setbacks", permit a minimum yard of 1.0m from the hypotenuse of a
daylight triangle.
In addition to the regulations of Sub-section 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
a) Covered porches may project into any required front yard a distance of not
more than 3.0 metres;
b) Bay windows, either with or without foundations, may project into any
required front and/or rear yards a distance of not more than 0.9 metres; and,
c) Stairs may project into any required front yard a distance of not more than
PART 6
RESIDENTIAL ZONES
RES-126
4.5 metres.
By-law 18-331
"R6-7" 1215 Barton Street, Schedule "A" Map No. 3
(i) Notwithstanding the provisions of Paragraphs 1., 5., and 7., of
Subsection 6.7.3 (a) and Paragraphs 1. (ii), 4., 5., and 7., of Subsection
6.7.3 (b) of the Residential "R6" Zone, on those lands zoned "R6-7" by
this By-law, the following shall apply:
(a)
One Single Detached Dwelling
1. Minimum Lot Area
Corner Lot
- 379 sq m
5. Minimum Rear Yard
- 6.4 m
7. Maximum Lot
Coverage
- 42%
(b) Semi-Detached Dwelling
1. Minimum Lot Area
(ii) Divided Semidetached
Interior Lot
- 243 sq m
4. Minimum Side Yard
- No part of any dwelling shall be
located closer than 1.2 m except as
provided in clauses (i), (ii), (iii), and
(iv) of Paragraph 4 of Subsection
6.7.3 (b) of By-law No. 3692-92.
5. Minimum Rear Yard
- 6.4 m
7. Maximum Lot Coverage
- 46.3%
PART 6
RESIDENTIAL ZONES
RES-127
SECTION 6.8
MULTIPLE RESIDENTIAL "RM1" ZONE
6.8.1
Scope
No person shall within any Residential "RM1" Zone, use any land or erect,
alter or use any building or structure except in accordance with the following
provisions:
6.8.2
Permitted Uses For Each Lot
(a)
(b)
(c)
(d)
(e)
A Single Detached Dwelling
A Semi-Detached Dwelling
A Duplex
A Triplex
A Fourplex
By-law 22-196
(f)
(Deleted).
(g)
A Type A or Type B Boarding Houses
By-law 4200-95
(h)
A Home Occupation
(i)
Uses, buildings or structures accessory to a permitted use
By-law 22-196
(j)
In addition to the uses permitted in Section 6.8.2 (a), (b), (c), (d),
(e), (g), (h), and (i), on a lot identified on Figure 1 of Part 15:
Special Figures, the following additional use is permitted:
1.
Street Townhouses
6.8.3
Zone Regulations
(a)
One Single Detached Dwelling
1.
Minimum Lot Area
Interior Lot
-
460 square metres
Corner Lot
-
505 square metres
2.
Minimum Lot Frontage
Interior Lot
-
15 metres
Corner Lot
-
16.5 metres
3.
Minimum Front Yard
-
6 metres
4.
Minimum Side Yard - No part of any dwelling shall be located
closer than 1.25 metres except as provided in clauses (i), (ii) and
PART 6
RESIDENTIAL ZONES
RES-128
(iii) below:
PART 6
RESIDENTIAL ZONES
RES-129
By-law 3863-93 (i) An attached garage or attached carport may be erected at a
distance of not less than 1 metre from a side lot line which
does not abut a flankage street;
(ii)
On an interior lot, where no attached garage or attached
carport is provided, the minimum side yard on one side
shall be 3 metres; and
(iii)
On a corner lot, the minimum side yard abutting the
flankage lot line shall be 3 metres, except that an attached
garage or attached carport which fronts on the flankage lot
line shall not be located within 5.5 metres of the flankage
lot line.
5.
Minimum Rear Yard
-
7.5 metres
By-law 5068-00
6.
Maximum Building Height
-
11 metres
7.
Maximum Lot Coverage
-
40 percent
8.
Minimum Number of Parking Spaces - 2 per dwelling of which
only one may be provided in the required front yard. Tandem
parking is permitted.
9.
Home Occupations are permitted in accordance with Section 4.8.
(b)
A Semi-Detached Dwelling
1.
Minimum Lot Area
(i)
Undivided Semi-Detached Lot
Interior Lot
-
600 square metres
Corner Lot
-
650 square metres
(ii) Divided Semi-Detached Lot
Interior Lot
-
300 square metres
Corner Lot
-
350 square metres
2.
Minimum Lot Frontage
(i)
Undivided Semi-Detached Lot
Interior Lot
-
18 metres
Corner Lot
-
19.5 metres
PART 6
RESIDENTIAL ZONES
RES-130
(ii) Divided Semi-Detached Lot
Interior Lot
-
9 metres
Corner Lot
-
10.5 metres
3.
Minimum Front Yard
-
6 metres
4.
Minimum Side Yard - 1.25 metres except as provided in clauses (i),
(ii), (iii) and (iv) below:
By-law 3863-93 (i) An attached garage or attached carport may be erected at a
distance of not less than 1 metre from a side lot line which
does not abut a flankage street;
(ii)
On an interior lot, where no attached garage or attached
carport is provided, the minimum side yard on one side shall be
3 metres; and
(iii) On a corner lot, the minimum side yard abutting the flankage
lot line shall be 3 metres, except that an attached garage or
attached carport which fronts on the flankage lot line shall
not be located within 5.5 metres of the flankage lot line.
(iv) No side yard is required along the common wall of the two
dwelling units.
5.
Minimum Rear Yard
-
7.5 metres
By-law 5068-00
6.
Maximum Building Height -
11 metres
7.
Maximum Lot Coverage
-
40 percent
8.
Minimum Number of Parking Spaces - 2 per dwelling unit of
which only one may be permitted in the required front yard.
Tandem parking is permitted.
(c)
A Duplex
1.
Minimum Lot Area
Interior Lot
-
460 square metres
Corner Lot
-
505 square metres
PART 6
RESIDENTIAL ZONES
RES-131
2.
Minimum Lot Frontage
Interior Lot
-
15 metres
Corner Lot
-
16.5 metres
3.
Minimum Front Yard
-
6 metres
4.
Minimum Side Yard - 1.25 metres except as provided in clauses
(i), (ii) and (iii) below:
By-law 3863-93 (i) An attached garage or attached carport may be erected at a
distance of not less than 1 metre from a side lot line which does
not abut a flankage street;
(ii)
On an interior lot, where no attached garage or attached
carport is provided, the minimum side yard on one side shall
be 3 metres; and
(iii) On a corner lot, the minimum side yard abutting the flankage
lot line shall be 3 metres, except that an attached garage or
attached carport which fronts on the flankage lot line shall
not be located within 5.5 metres of the flankage lot line.
5.
Minimum Rear Yard
-
7.5 metres
By-law 5068-00
6.
Maximum Building Height -
11 metres
7.
Maximum Lot Coverage
-
40 percent
8.
Minimum Number of Parking Spaces - 2 per dwelling unit of which
only one may be provided in the required front yard. Tandem parking
is permitted.
(d)
A Triplex
1.
Minimum Lot Area
Interior Lot
-
550 square metres
Corner Lot
-
600 square metres
2.
Minimum Lot Frontage
Interior Lot
-
18 metres
Corner Lot
-
19 metres
PART 6
RESIDENTIAL ZONES
RES-132
3.
Minimum Front Yard
-
6 metres
4.
Minimum Side Yard - 2 metres for a dwelling of less than 2 storeys,
and 2.5 metres for a dwelling of 2 storeys or more, however, this may
be reduced to 2 metres for a side yard adjacent to an attached garage
or attached carport and located on the same lot except as provided in
clauses (i) and (ii) below:
(i)
On an interior lot where no attached private garage or
attached carport is provided, the minimum side yard on one side
shall be 3 metres, and
(ii) On a corner lot, the minimum side yard abutting the flankage
lot line shall be 3 metres, except that an attached garage or
attached carport which fronts on the flankage lot line shall not
be located within 5.5 metres of the flankage lot line.
5.
Minimum Rear Yard
-
7.5 metres
By-law 4770-98
6.
Maximum Building Height
-
11 metres,
but not
exceeding 3 storeys
By-law 3863-93
7.
Maximum Lot Coverage
-
50 percent
8.
Minimum Number of Parking Spaces -
2 per dwelling unit
(e)
A Fourplex
1.
Minimum Lot Area
-
650 square metres
By-law 4770-98
2.
Minimum Lot Frontage
-
20 metres
3.
Minimum Front Yard
-
7.5 metres
4.
Minimum Side Yard - 2 metres for a dwelling of less than 2 storeys,
and 2.5 metres for a dwelling of 2 storeys or more, however, this
may be reduced to 2 metres for a side yard adjacent to an attached
garage or attached carport and located on the same lot except as
provided in clauses (i) and (ii) below:
(i)
On an interior lot where no attached private garage or
attached carport is provided, the minimum side yard on one
side shall be 3 metres, and
PART 6
RESIDENTIAL ZONES
RES-133
(ii) On a corner lot, the minimum side yard abutting the flankage
lot line shall be 3 metres, except that an attached garage or
attached carport which fronts on the flankage lot line shall not
be located within 5.5 metres of the flankage lot line.
5.
Minimum Rear Yard
-
7.5 metres
By-law 4770-98
6.
Maximum Building Height
-
11
metres,
but not
exceeding 3 storeys
7.
Maximum Lot Coverage
-
40 percent
8.
Minimum Number of Parking Spaces -
2 per dwelling unit
By-law 22-138
(f)
(Deleted).
By-law 22-196
(g)
Type A or Type B Boarding Houses:
1. Minimum Lot Area
-
650 square metres
2.
Minimum Lot Frontage
-
21 metres
3.
Minimum Front Yard
-
6 metres
4.
Minimum Side Yard - 2 metres for a dwelling of less than 2 storeys
and 2.5 metres for a dwelling of 2 storeys or more provided,
however, that this may be reduced to 2 metres for a side yard
adjacent to an attached garage or attached carport and located on
the same lot therewith except as provided for in clauses (i) and (ii)
below:
(i)
On a corner lot the minimum side yard on a flankage lot
line shall be 7.5 metres, and
(ii)
On an interior lot where no attached private garage or
attached carport is provided, the minimum side yard on one
side shall be 3 metres.
5.
Minimum Rear Yard
-
7.5 metres
6.
Maximum Building Height
-
10.5 metres
7.
Maximum Lot Coverage
-
35 percent
PART 6
RESIDENTIAL ZONES
RES-134
8.
Minimum Number of Parking Spaces - 1 per dwelling unit plus 1
per 18.5 square metres of floor area or part thereof used by
boarders, roomers, or guests
(h)
Accessory Buildings
Accessory buildings are permitted in accordance with Sections 4.5
and 6.1.4.
By-law 22-196 (i)
A Street Townhouse
The use shall comply with the provisions of Sections 6.9.3, 6.9.4 and
6.9.5, and 6.9.5.1.
(j)
By-law 22-138
By-law 22-196
Regulations for Secondary Dwelling Units and Secondary Dwelling Units -
Detached
Secondary Dwelling Units and Secondary Dwelling Units -
Detached are permitted in accordance with Section 6.1.7.
By-law 22-196 (k) Regulations For Converted Dwellings
Converted dwellings are permitted in accordance with Section
6.1.7.3.
PART 6
RESIDENTIAL ZONES
RES-135
6.8.4
Special Exemptions
RM1 - 1 Lot 41, Registered Plan No. 811, 25 Lake Avenue Drive,
Schedule "A", Map No. 5
By-law 4655-97 In addition to the provisions of Section 6.8.3 of the Multiple Residential
"RM1" Zone, on those lands zoned "RM1-1" by this By-law, one accessory
building may be used for professional offices and a private garage. Any separate
accessory building used for the professional offices shall be located a minimum
distance of 42 metres from Lake Avenue Drive, 3 metres from any side lot line,
3 metres from the dwelling and 3 metres from the rear lot line. The maximum
building height shall be 4.5 metres for the accessory building and the gross floor
area shall not exceed 200 square metres for the professional office use.
By-law 3863-93
RM1 - 2 378 Barton Street, Schedule "A", Map No. 6
In addition to the provisions of Section 6.8.3 of the Multiple Residential
"RM1" Zone, on those lands zoned "RM1-2" by this By-law, a landscaped strip
having a minimum width of 9 metres shall be provided adjacent to the rear lot
line and a landscaped strip having a minimum width of 2 metres shall be provided
adjacent to any side lot line.
By-law 03-062
RM1 - 3 24 Lake Avenue Drive, Schedule "A", Map No. 5
1.
Notwithstanding the uses permitted in Section 6.8.2 of the Multiple
Residential "RM1" Zone, on those lands zoned "RM1-3" by this by-law,
a maximum of 7 dwelling units shall be permitted in accordance with the
provisions of Subsection 6.8.3 (d).
PART 6
RESIDENTIAL ZONES
RES-136
2.
Notwithstanding the provisions of Subsection 6.8.3 (d) 4., a minimum
southerly side yard setback of 0.55 metres shall be permitted for a single
detached dwelling.
3. Notwithstanding the provisions of Subsection 6.8.3 (d) 8., a minimum of
10 parking spaces, including 1 space in the front yard, shall be provided
and maintained.
4.
Notwithstanding the provisions of Subsection 6.1.8, paragraphs (c) and
(e), parking spaces may be located within 1.95 metres of the southerly
side lot line and a two-way driveway may have a minimum width of 5.0
metres.
5.
Notwithstanding the provisions of Subsection 6.1.8, paragraph (c),
parking spaces may be located within 1.47 metres of the rear lot line.
6.
Notwithstanding the provisions of Subsection 4.19.1, paragraph (d), a
deck being 0.57 metres in height shall be permitted in the required northerly
side yard.
By-law 07-196
RM1-4
1353, 1357, 1427 Baseline Road and 22 Falcon Road,
Schedule "A", Map No. 4
Notwithstanding the permitted uses of Subsection 6.8.2, of the Multiple
Residential "RM1" Zone, only the following uses shall be permitted:
(a)
A Single Detached Dwelling; and,
(b)
A Street Townhouse.
Notwithstanding the provisions of Subsection 6.8.3, of the "Zone Regulations"
of the Multiple Residential "RM1" Zone, on those lands zoned "RM1-4" by this
By-law, the following shall apply:
(a) SINGLE DETACHED DWELLING
1.
Minimum Lot Area:
Interior Lot
-
210 square metres
Corner Lot
-
250 square metres
2.
Minimum Lot Frontage:
PART 6
RESIDENTIAL ZONES
RES-137
3
Interior Lot
Corner Lot
Minimum Front Yard
-
9 metres
-
11 metres
-
3.0 metres; and,
5.8 metres for a garage only.
4.
Minimum Side Yard
-
1.2 metres; except,
0.6 metres on the side
with an attached garage.
5.
Minimum Flankage Yard
-
3.0 metres; and,
5.8 metres for a garage only.
6.
Minimum Rear Yard
-
7.0 metres
7.
Maximum Building Height
-
12.5 metres
8.
Minimum Number of Parking Spaces - 2 per dwelling of which
only one may be provided in the required front yard. Tandem
parking is permitted.
9.
Home Occupations are permitted in accordance with Section 4.8.
(b)
STREET TOWNHOUSE DWELLINGS
1.
2.
3.
Minimum Lot Area:
Interior and End Units
Corner Unit
Minimum Lot Frontage:
Interior and End Units
Corner Units
Minimum Front Yard
-
130 square metres
-
200 square metres
-
5.5 metres
-
7 metres
-
3.0 metres; and,
5.8 metres for a garage only.
4.
Minimum Side Yard
-
1.2 metres, except for the side
yard related to the common
wall of the street townhouse
dwelling unit, in which case a
minimum 0 metre side yard
shall be permitted.
5.
Minimum Flankage Yard
-
minimum 3.0 metres; and,
minimum 5.8 metres for a
garage only.
6
Minimum Rear Yard
-
7.0 metres
7.
Maximum Building Height
-
12.5 metres
PART 6
RESIDENTIAL ZONES
RES-138
8.
Maximum Number of Units
per Building
-
8 townhouse units
Applicable to both (a) and (b):
Notwithstanding clause (a) of Section 4.16.1, unitary equipment may be
located not less than 0.6 metres to any side lot line.
In addition to the regulations of Section 4.19, "Yard Encroachments", the
following encroachments are permitted:
(a)
Unenclosed Porch into a
Front Yard:
(b)
Unenclosed Porch into a
Flankage Yard:
-
2.0 metres, including a further
encroachment of 0.6 metres
for steps
-
2.0 metres, including a further
encroachment of 0.6 metres
for steps
(c)
Chimneys, belt courses, sills, cornices, chimney breasts, decorative
brick facing, pilasters, alcoves, fireplaces or other architectural features,
with or without foundations may project into any required yard 0.6
metres, to a maximum of half the required yard.
(d)
Bay windows and other types of windows, with or without foundation,
into a front or rear yard 1.0 metre; and 0.6 metres to a side yard, to a
maximum of half the yard.
(e) Balconies into any Yard: - 2.0 metres
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply:
Any lot located at the intersection of two or more roads will require a minimum
yard to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5
metres for a porch, including porch foundations walls; and, 0.0 metres for eaves
or gutters.
PART 6
RESIDENTIAL ZONES
RES-139
SECTION 6.9
MULTIPLE RESIDENTIAL "RM2" ZONE
6.9.1
Scope
No person shall within any Residential "RM2" Zone, use any land or erect,
alter or use any building or structure, except in accordance with the following
provisions:
6.9.2
Permitted Uses For Each Lot
(a) Street Townhouses
By-law 4200-95
(b)
A Home Occupation
(c) Uses, buildings or structures accessory to a permitted use
6.9.3
Zone Regulations
(a)
Minimum Lot Area
Interior Unit
End Unit
Corner Unit
-
180 square metres
-
240 square metres
-
270 square metres
(b)
Minimum Lot Frontage
Interior Unit
-
6 metres
End Unit
-
8 metres
Corner Unit
-
9 metres
(c)
Minimum Front Yard
-
6 metres
(d)
Minimum Side Yard
End Unit
-
2 metres
Corner Unit
-
3 metres
(e)
Minimum Rear Yard
-
7.5 metres
(f)
Minimum Privacy Area
-
36 square metres per unit
(g)
Minimum Landscaped Open Space
-
30 percent of the lot area
which may include the
privacy area
By-law 5068-00
(h)
Maximum Building Height
-
11 metres
By-law 3863-93
(i)
Maximum Lot Coverage
-
50 percent
(j)
Maximum Number of Units Per Building -
8 townhouse units
By-law 3863-93
(k)
Notwithstanding clause (a) of Section 4.16.1, unitary equipment may be
located not less than 0.5 metres to any side lot line.
PART 6
RESIDENTIAL ZONES
RES-140
6.9.4
Regulations For Parking
(a) Minimum number of parking spaces shall be 2 spaces per dwelling unit.
(b) A maximum of one of the required parking spaces per dwelling unit may
be provided in the required front yard. Tandem parking is permitted.
6.9.5
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 4.5 and 6.1.4.
6.9.5.1
Regulations for Secondary Dwelling Units and Secondary Dwelling Units -
Detached
Secondary Dwelling Units and Secondary Dwelling Units -
Detached are permitted in accordance with Section 6.1.7.
6.9.6
Special Exemptions
RM2 - 1 Lots 1 and Lots 3-16 (Inclusive), Registered Plan Nos.
62M-596 and Blocks 102, 106, 107, 117-124 (Inclusive),
Registered Plan No. 62M-645, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraph (e) of Section 6.9.3 of the
Multiple Residential "RM2" Zone, on those lands zoned "RM2-1" by this
By-law, the minimum rear yard shall be 11 metres for a dwelling unit and 5
metres to the deck support. Notwithstanding the definition of landscaping in
this By-law, the landscaped strip may include an above-grade deck or patio.
Notwithstanding the provisions of paragraph (a) of Section 4.13.2, Setback from
Top of Bank of Lake Ontario Shoreline, on those lands zoned "RM2-1" by this By-
law, the minimum setback from the top of the bank of the Lake Ontario shoreline
shall be 30 metres to the dwelling unit and 25 metres to the deck support.
By-law 4637-97
RM2 - 2
Margaret Avenue, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (b), (c), (d) and (j) of Section
6.9.3 on those lands zoned "RM2-2" by this by-law, the minimum lot frontage
for the northerly end unit shall be 6.5 metres; the minimum front yard shall be
10 metres except 7.5 metres for the northerly end unit; the minimum side yard
for the northerly end unit shall be 1.25 metres; and the maximum number of units
shall be three.
PART 6
RESIDENTIAL ZONES
RES-141
By-law 4656-97
RM2 - 3 465 Dewitt Road, Schedule "A", Map No. 1
Notwithstanding the provisions of Section 4.13.2 "Setback From Top Of Bank Of
Lake Ontario Shoreline", the minimum setback from the top of bank shall be 28
metres for those lands zoned Multiple Residential "RM2-3" Zone by this By-law.
PART 6
RESIDENTIAL ZONES
RES-142
OMB Order #2032
By-law 4691-98
RM2 - 4 464 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (b) and (c) of Subsection 6.9.3 and the
provisions of paragraph (a) of Subsection 6.1.4, on those lands zoned "RM2-
4" by this by-law, the minimum lot frontage for an end unit shall be 7.5 metres and
the minimum front yard shall be 4.5 metres. The minimum interior side yard for a
detached garage shall be 0.0 metres.
By-law 4915-99
RM2 - 5 Part Lot 2, Broken Front Concession, Schedule "A", Map No. 4
Nov. 4, 1999 Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e), (h) and (i) of
Section 6.9.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands
zoned "RM2-5" by this By-law, the following shall apply:
(a) Minimum Lot Area - 180 square metres
(b) Minimum Lot Frontage - 7.5 metres
(c) Minimum Front Yard
-
3 metres except 5.8 metres to an
attached garage or carport
Maximum Front Yard
-
4.5 metres, except 6.3 metres to an
attached garage or attached carport.
(d) Minimum Side Yard
End Unit
Corner Unit
-
1.2 metres
-
3.0 metres
(e) Minimum Rear Yard
-
7.0 metres
(h) Maximum Building Height
-
12.6 metres
(i) Maximum Lot Coverage
-
None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches, including
porch foundation walls, may project 1.5 metres into the required flankage yard.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply: Any lot located at the intersection
of two or more roads will require a minimum yard to the hypotenuse of the daylight
triangle of 2 metres for a building; 0.5 metres for a porch, including porch foundation
walls; and, 0.0 metres for eaves or gutters
By-law 03-027 Notwithstanding the provisions of paragraph (d) of Section 6.1.8 "Parking
Restrictions in Residential Zones" of Zoning By-law No. 3692-92, on those lands
zoned "RM2-5" by this By-law, the following shall apply: One parking space within
a private residential garage shall not be less than 2.7 metres in width or less than 5.8
PART 6
RESIDENTIAL ZONES
RES-143
metres in length.
PART 6
RESIDENTIAL ZONES
RES-144
By-law 4915-99
OMB Order #2032
RM2 - 6 Part Lot 2, Broken Front Concession, Schedule "A", Map No. 4
Nov. 4, 1999 Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e), (h) and (i) of
Section 6.9.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands
zoned "RM2-6" by this By-law, the following shall apply:
(a) Minimum Lot Area - 180 square metres
(b)
Minimum Lot Frontage
-
6 metres
(c)
Minimum Front Yard
-
3.0 metres
(d)
Minimum Side Yard
End Unit
-
1.2 metres
Corner Unit
-
3.0 metres
(e) Minimum Rear Yard - 5 metres
(h) Maximum Building Height - 12.6 metres
(i) Maximum Lot Coverage - None
Notwithstanding the provisions of paragraph (a) of Section 6.1.4 "Accessory Buildings
In Residential Zones" of Zoning By-law No. 3692-92, on those lands zoned "RM2-6"
by this By-law, the minimum interior side yard for a detached garage shall be 0.0
metres. All other regulations of paragraph (a) of Section 6.1.4 shall apply.
By-law 05-080 The provisions of Paragraph (b) of Subsection 6.1.4 "Accessory Buildings in Residential Zones"
shall not apply to detached garages abutting a private common element condominium
driveway.
In addition to the regulations of Section 4.19 "Yard Encroachments", porches, including
porch foundation walls, may project 1.5 metres into the required flankage yard.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments - General
Application" the following provision shall apply: Any lot located at the intersection
of two or more roads will require a minimum yard to the hypotenuse of the daylight
triangle of 2 metres for a building; 0.5 metres for a porch, including porch foundation
walls; and, 0.0 metres for eaves or gutters.
By-law 03-027 Notwithstanding the provisions of paragraph (d) of Section 6.1.8 "Parking
Restrictions in Residential Zones" of Zoning By-law No. 3692-92, on those lands
zoned "RM2-6" by this By-law, the following shall apply: One parking space within
a private residential garage shall not be less than 2.7 metres in width or less than 5.8
metres in length.
PART 6
RESIDENTIAL ZONES
RES-145
By-law 5031-99
RM2 - 7
Part of Lot 18, Concession 2, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e), (f), (g), (h) and
(i) of Section 6.9.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those
lands zoned "RM2-7" by this By-law, the following shall apply:
(a)
(b)
(c)
Minimum Lot Area
Interior and End Units
Corner Unit
Minimum Lot Frontage
Interior and End Units
Corner Unit
Minimum Front Yard
-
180 square metres
-
250 square metres
-
6 metres
-
8.4 metres
-
3 metres except 5.3 metres to an
(d)
Minimum Side Yard
attached garage or carport
End Unit
-
1.2 metres
Corner Unit
-
2.4 metres
(e)
Minimum Rear Yard
-
5.8 metres
(f)
Minimum Privacy Area
-
25 square metres
(g)
Minimum Landscaped Open Space
-
None
(h)
Maximum Building Height
-
12.6 metres
(i)
Maximum Lot Coverage
-
None
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
including porch foundation walls, may project 1.5 metres into the required flankage
yard.
Notwithstanding the provisions of paragraph (a) of Section 6.1.4 "Accessory
Buildings In Residential Zones" of Zoning By-law No. 3692-92, on those lands
zoned "RM2-7" by this By-law, the minimum interior side yard for a detached
garage shall be 0 metres. All other regulations of paragraph (a) of Section 6.1.4
shall apply.
By-law 03-320
RM2 - 8(H)
North of the North Service Road, Schedule "A", Map No. 3
Deleted by By-law No. 05-181.
PART 6
RESIDENTIAL ZONES
RES-146
By-law 03-320
By-law 05-181
RM2 - 9
North of the North Service Road (West of Watercourse No. 7),
Schedule "A", Map No. 3
In addition to the uses permitted in Subsection 6.9.2 of Section 6.9, Multiple
Residential "RM2" Zone, those lands zoned "RM2-9" may also be used for a storm
water management pond.
By-law 04-173
RM2 - 10
478 Glover Road, Schedule "A", Map No. 3
Notwithstanding the provisions of Paragraph (e) of Section 6.9.3 of the Multiple
Residential "RM2" Zone, for those lands zoned "RM2-10" by this By-law, the
minimum rear yard shall be 21 metres.
By-law 05-007
RM2 - 11
Part of Lots 11 and 12, Broken Front Concession, Schedule
"A", Map No. 2
In addition to the regulations of Section 4.19 "Yard Encroachments", porches and
balconies, including porch foundation walls, may project 1.5 metres into the required
flankage yard. All other provisions of the "RM2-6" Zone shall apply.
By-law 06-089
RM2 - 12
359 Winona Road, Schedule "A", Map No. 3
Notwithstanding the provisions of Section 4.13.1 and Section 6.9.3 (a) and (b), on
those lands zoned "RM2-12" by this By-law, a minimum yard of 1.2 metres from
the hypotenuse of the daylight triangle shall be required; a minimum lot area for an
interior unit of 170 square metres, and a minimum lot frontage for an interior lot of
5.7 metres shall be permitted. Section 4.13.3 shall not apply.
By-law 06-125
RM2 - 13
360 Barton Street, 4 Hale Street, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (a), Minimum Lot Area, of Subsection
6.9.3, Zone Regulations, of Section 6.9, Multiple Residential "RM2" Zone, on those
lands zoned "RM2-13", the following provisions shall apply:
Minimum Lot Area
Interior Unit - 155 square metres
End Unit - 200 square metres
Corner Unit - 270 square metres
PART 6
RESIDENTIAL ZONES
RES-147
By-law 06-190
RM2 - 14
1050 Paramount Drive (Mistywood Drive), Schedule "A", Map
No. 10
That the provisions of paragraph (i), Maximum Lot Coverage, of Subsection 6.9.6
Zone Regulations of the Multiple Residential "RM2" Zone shall not apply to those
lands zoned "RM2-14" by this By-law.
By-law 08-203
RM2-15(H) Second Street North, Schedule "A", Map No. 5
Notwithstanding the provisions of Paragraphs (a), (b) (c), (d), (h) and (i) of
Subsection 6.9.3 of the Multiple Residential "RM2" Zone, on those lands
zoned "RM2-15" by this By-law, the following shall apply:
(a) Minimum Lot Area:
Interior Unit
-
145 square metres
End Corner
-
180 square metres
(b) Minimum Lot Frontage:
Interior Unit
-
5 metres
End Unit
-
6 metres
(c) Minimum Front Yard - 6 metres to the face of an
attached
garage and 4.5 metres
to the face of the dwelling
(d)
Minimum Side Yard
-
1.25 metres
(h)
Maximum Building Height
-
13 metres
(i)
Maximum Lot Coverage
-
56%
In addition to the foregoing, on those lands zoned "RM2-15", a minimum front
yard landscaped area of 40% for an interior unit and 50% for an end unit,
including a walkway of not more than 0.6 metres in width, shall be provided and
maintained.
On those lands zoned "RM2-15(H)" by this By-law, the "H" symbol may be
removed by a further amendment to this By-law at such time as:
(i) That 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, Director of Planning,
including an acknowledgement of receipt of the RSC by the MOE, and
submission of the City of Hamilton's current RSC administration fee.
(ii) (a) That the owner/applicant submits and receives approval of a
PART 6
RESIDENTIAL ZONES
RES-148
servicing study, to the satisfaction of the Director of Development
Engineering; and,
(b)
That the owner/applicant enters into and registers an applicable
development agreement(s) and posting of appropriate securities to
ensure the implementation of the study's recommendation(s) to the
satisfaction of the Director of Development Engineering.
City Council may remove the 'H' symbol and, thereby give effect to the "RM2-15"
Zone, by enactment of an amending By-law once the above conditions have been
fulfilled.
By-law 08-293
RM2-16
Highbury Drive, Schedule "A", Map No. 16
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e), (f), (g) and
(i) of Subsection 6.9.3 of the Multiple Residential "RM2" Zone, on those
lands zoned "RM2-16" by this By-law, the following shall apply:
(a)
Minimum Lot Area:
-
-
-
(b)
Minimum Lot Frontage:
-
-
-
(c)
Minimum Front Yard:
-
-
(d)
Minimum Side Yard:
-
-
114 square metres for Interior Lots
153 square metres for End Unit Lots
210 square metres for Corner Lots
4.5 metres for Interior Lots
6 metres for End Unit Lots
6 metres for Corner Lots
4.5 metres to the dwelling
6 metres to the attached garage
1.5 metres for End Unit Lots
1.5 metres for Corner Lots
(e)
Minimum Rear Yard:
-
6 metres
(f)
Minimum Privacy Area:
-
27 square metres
(g)
Minimum Landscape Area:
-
26%, which may include privacy
area
(i)
Maximum Lot Coverage:
-
53%
PART 6
RESIDENTIAL ZONES
RES-149
By-law 09-073
RM2-17
568 Highway No. 8, Schedule "A", Map No. 7
For the purpose of this by-law, a common element condominium road shall be
deemed to be a street.
Notwithstanding the provisions of paragraphs (a), (b), (c) and (d) of
Subsection 6.9.3 "Zone Regulations" of Zoning By-law No. 3692-92, on
those lands zoned "RM2-17" by this By-law, the following shall apply:
(a) Minimum Lot Area:
Interior Unit
End Unit
(b)
Minimum Lot Frontage:
-
165 square metres
-
200 square metres
End Unit
-
7.5 metres
(c)
Minimum Front Yard:
-
-
4.5 metres, except
5.8 metres to an attached garage or
carport
(d) Minimum Side Yard: - 1.2 metres
In addition to the regulations of Section 4.19 "Yard Encroachments", alcoves may
project into any required rear yard and/or side yard of an end unit, a distance of not
more than 0.5 metres.
In addition to the regulations of Section 6.93 "Zone Regulations", a landscape strip
having a minimum width of 2.5 metres shall be provided and thereafter be
maintained along the entire frontage of Highway No. 8, except for points of ingress
and egress. An ornamental/decorative entry features(s) may also be permitted with
in the required landscape strip.
By-law 09-254
RM2-18
Southeast Corner of Dartmouth Gate and Palacebeach Trail,
Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (a), (b), (c), (d) and (h) of
Section 6.9.3, the following zone regulations shall apply:
(a)
Minimum Lot Area:
-
175 square metres (all units)
(b)
Minimum Lot Frontage:
-
6.0 metres (all units)
(c)
Minimum Front Yard:
-
5.8 metres
PART 6
RESIDENTIAL ZONES
RES-150
(d)
Minimum Side Yard:
-
1.2 metres (end units)
2.0 metres (corner unit)
PART 6
RESIDENTIAL ZONES
RES-151
(h) Maximum Building Height: - 12.6 metres
In addition to the regulations of Section 4.19 "Yard Encroachments", porches,
alcoves, etc., including foundation walls, may project 0.5 metres into any required
yard.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 "Yard Encroachments - General
Application", the following provision shall apply: Any lot located at the intersection
of two or more roads will require a minimum yard to the hypotenuse of the daylight
triangle of 2.0 metres for a building; 0.5 metres for a porch, including foundation
walls; and 0.0 metres for eaves or gutters.
Notwithstanding the provision of paragraphs (a) and (b) of Section 4.10.3
"Dimensions of Parking Spaces" and paragraph (d) of Section 6.1.8 "Parking
Restrictions in Residential Zones", the following provision shall apply: Each of the
required two (2) parking spaces, including the required parking space within an
attached private residential garage, shall not be less than 2.7 metres in width and
less than 5.8 metres in length.
An acoustical barrier having a minimum height of 2.0m shall be provided and
maintained along the rear and or side lot line abutting a commercial zone.
By-law 10-324 (OMB) RM2-19
Mud Street, Schedule "A", Map No. 16
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (g), (i), and (j)
of Subsection 6.9.3 of the Multiple Residential "RM2" Zone, on those lands
zoned "RM2-19" by this By-law, the following shall apply:
(a) Minimum Lot Area:
End Lot
Corner Lot
(b)
Minimum Lot Frontage:
End Lot
Corner Lot
-
220 square metres
-
240 square metres
-
7.2 metres
-
8.4 metres
(c)
Minimum Front Yard
-
4.5 metres to a dwelling unit, 6.0
PART 6
RESIDENTIAL ZONES
RES-152
metres to an attached garage
PART 6
RESIDENTIAL ZONES
RES-153
(d)
Minimum Side Yard
-
1.2 metres for End Unit Lots, 2.4
metres for Corner Lots
(g)
Minimum Landscaped Open
Space
-
N/A
(i)
Maximum Lot Coverage
-
N/A
(j)
Maximum Number of Units
per Building
-
9 Townhouse Units
Notwithstanding the provisions of Subsection 4.13.1, of the "Special
Setbacks" Section, on those lands zoned "RM2-19" by this By-law, any corner
lot requires a minimum yard of 2.4 metres from the hypotenuse of the daylight
triangle.
By-law 10-327 (OMB) RM2-20
22 Green Mountain Road West, Schedule "A", Map No. 11
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (g), (h) and
(i) of Subsection 6.9.3 of the Multiple Residential "RM2" Zone, on those lands
zoned "RM2-20" by this By-law, the following shall apply:
(a)
Minimum Lot Area - 150 square metres, except 195 square
metres for an end unit, and 240
square metres for a corner unit
(b) Minimum Lot Frontage - 5.6 metres per dwelling unit, except
8.0 metres for a corner unit
(c)
Minimum Front Yard - 4.5 metres to the dwelling, except 6.0
metres to the garage
(d)
Minimum Side Yard - 1.2 metres, except 2.4 metres to the
dwelling and 1.4 metres to the porch
for a corner unit
(e) Minimum Rear Yard - 7.0 metres
(g)
Minimum Landscaped Open
Space
-
25% of the lot area which may
include the privacy area
(h) Maximum Building Height - 12.5 metres
(i) Maximum Lot Coverage - N/A
Notwithstanding provision b) of Section 4.10.3 "Dimensions of Parking Spaces",
on those lands zoned "RM2-20" by this By-law, the following shall apply:
(a)
The parking space size located within a garage shall have a minimum
width of 2.75 metres and have a minimum length of 6.0 metres. Stairs
PART 6
RESIDENTIAL ZONES
RES-154
shall be permitted to encroach 0.5 metres into the length of this parking
space.
PART 6
RESIDENTIAL ZONES
RES-155
In addition to the regulations of Subsection 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
(a)
Covered porches may project into any required front yard a distance of
not more than 3.0 metres and 1.6 metres for a flankage yard;
(b)
Bay windows either with or without foundations may project into any
required front, rear, or flankage yards a distance of not more than 0.9
metres; and,
(c)
Stairs may project into any required front yard a distance of not more
than 4.5 metres and a flankage yard of not more than 2.4 metres.
RM2-20 22 Green Mountain Road West, Schedule "A", Map No. 11
By-law 15-219
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those
lands identified as Block 2 on Schedule "A" submitted to Council on October
13, 2010 and zoned "RM2-20(H)" by this By-law, the Holding "H" Zone may
be removed by City Council and thereby give effect to the "RM2-20" Zone
provisions by enactment of an amending By-law upon completion of the
following:
(a)
The applicant submit a revised Radio Frequency Emission study that
addresses the concerns, regarding the identification of the location of
antennae, set out in the peer review, by Francois Gauthier (Spectrum
Expert Inc. dated September 16, 2010), of various radio frequency
emission studies and measurements undertaken by the applicant and
others; and,
(b)
That Industry Canada complete its measurements of radio frequency
electromagnetic fields in the vicinity of the applicants lands and advise
that there are no Safety Code 6 issues resulting from the applicant's
proposed
development and the implementation of the any
recommendations by Industry Canada which are applicable to the
applicant.
Notwithstanding the above, public uses as per Section 4.17 of Zoning By-law
No. 3692-92 shall be permitted.
By-law 11-094 (OMB) RM2-21
1211, 1217, 1227 and 1239 Barton Street, Schedule "A",
Map No. 3
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (g) and (i)
of Subsection 6.9.3 of the Multiple Residential "RM2" Zone, on those lands
zoned "RM2-21" by this By-law, the following shall apply:
(a) Minimum Lot Area:
Interior Unit
End Unit
Corner Unit
-
120 metres
-
145 metres
-
185 metres
PART 6
RESIDENTIAL ZONES
RES-156
(b)
Minimum Lot Frontage
-
4.45 metres per dwelling unit
(c)
Minimum Front Yard
-
4.5 metres to the dwelling, except 6.0
metres to the garage
(d)
Minimum Side Yard:
End Unit
Corner Unit
-
1.2 metres
-
2.4 metres, except
6.0 metres of the flankage street line
to an attached garage, which fronts on
a flankage street
(e)
Minimum Rear Yard
-
7.0 metres
(f)
Minimum Privacy Area
-
25 square metres
(g)
Maximum Landscaped
Open Space
-
N/A
(i) Maximum Lot Coverage - N/A
In addition to the regulations of Subsection 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
(a)
Covered porches may project into any required front yard a distance of
not more than 3.0 metres and 1.8 metres for a flankage yard;
(b)
Bay windows, either with or without foundations, may project into any
required front, rear, or flankage yards a distance of not more than 0.9
metres; and,
(c)
Stairs may project into any required front yard a distance of not more
than 4.5 metres.
By-law 10-016
RM2-22
Part of Lot 25, Concession 8, Schedule "A", Map No. 16
Notwithstanding the provisions of Paragraph (d) of Section 6.9.3, "Zone
Regulations" of Zoning By-law 3692-92, on those lands zoned "RM2-22" by
this by-law, the following shall apply:
(d) Minimum Side Yard - End Unit - 1.8 metres
In addition to provisions of Section 6.9.3, "Zone Regulations" and Section
4.19, "Yard Encroachments" of Zoning By-law No. 3692-92, on those lands
zoned "RM2-22" by this By-law, unenclosed porches, bay windows, and side
entrances shall be provided and maintained for all corner units.
PART 6
RESIDENTIAL ZONES
RES-157
In addition to the regulations of Section 4.19 "Yard Encroachments",
unenclosed porches, including porch foundation walls, may project into any
required side yard of a corner unit, a distance of not more than 1.5 metres.
Notwithstanding Section 4.13.1, "Special Setbacks - Daylight Triangles", any
lot located at the intersection of two or more roads will require a minimum yard
to the hypotenuse of the daylight triangle of 1.5 metres for an unenclosed porch,
including porch foundation walls.
By-law 10-320 (OMB) RM2-23
198 First Road West, Schedule "A", Map No. 16
Notwithstanding the provisions of Paragraph (a) of Subsection 6.9.3 of the
Multiple Residential "RM2" Zone, on those lands zoned "RM2-23" by this
By-law, the following shall apply:
(a) Minimum Lot Area
Corner Unit:
- 240 square metres
By-law RM2-23(H) 198 First Road West, Schedule "A", Map No. 16
20-082-LPAT
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands zoned
"RM2-23 (H)" by this By-law, the Holding "H" symbol may be removed by City
Council and thereby give effect to the "RM2-23" Zone provisions upon completion of
the following:
a)
Land assembly with the abutting lands to the east to permit orderly development,
to the satisfaction of the City s Director of Planning and Chief Planner, and the
Senior Director of Growth Management.
By-law RM2-23(H1) 165 Upper Centennial Parkway, Schedule "A", Map No. 16
20-080-LPAT
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands zoned
"RM2-23(H1)" by this By-law, the Holding "(H1)" symbol may be removed by City
Council and thereby give effect to the "RM2-23" Zone provisions upon completion of the
following:
a)
Land assembly with the abutting lands to the west to permit orderly
development, and confirmation of an adequate level of engineering services to
support the uses, to the satisfaction of the City s Director of Planning and Chief
Planner, and the Senior Director of Growth Management.
By-law RM2-23(H2) 165 Upper Centennial Parkway, Schedule "A", Map No. 16
20-080-LPAT
PART 6
RESIDENTIAL ZONES
RES-158
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands zoned
"RM2-23(H2)" by this By-law, the Holding "(H2)" symbol may be removed by City
Council and thereby give effect to the "RM2-23" Zone provisions upon completion of the
following:
a)
Owner shall have entered into a cost sharing agreement with Penta Properties
Inc. (Penta) which will require the Owner to pay its proportionate share of the cost
of construction of any downstream improvements to the storm conveyance system
from downstream outside limit of the storm water management pond block on the
adjacent property (198 First Road West), such downstream improvements to
include the roadside ditches along Upper Centennial Parkway, Mud Street East
including all necessary culvert upgrades and any downstream monitoring and
remediation costs required to provide for proper conveyance of the post
development drainage from 165 Upper Centennial and 198 First Road West
(Paletta). Such costs are to be calculated on a contributory area and percent
impervious basis, in respect of costs associated with the land and construction and
other reasonable and related costs of the storm water conveyance system net of
any monies recoverable from the City of Hamilton. These costs shall be calculated
by the engineering consultant for Penta in a timely manner and agreed upon by an
engineering consultant retained by the Owner of 165 Upper Centennial Parkway
and shall be paid to Penta prior to the lifting of the Hold Symbol. If agreement
regarding the costs is not reached, they shall be determined by arbitration pursuant
to the Ontario Arbitration Act.
By-law 11-094 (OMB) RM2-24
1211, 1217, 1227 and 1239 Barton Street, Schedule "A",
Map No. 3
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (g) and
(i) of Subsection 6.9.3 of the Multiple Residential "RM2" Zone, on those
lands zoned "RM2-24" by this By-law, the following shall apply:
(a) Minimum Lot Area:
Interior Unit
End Unit
Corner Unit
- 120 square metres
- 145 square metres
- 185 square metres
PART 6
RESIDENTIAL ZONES
RES-159
(b)
Minimum Lot Frontage
- 4.45 metres per dwelling unit
(c)
Minimum Front Yard
- 4.5 metres to the dwelling,
except 6.0 metres to the garage
(d)
Minimum Side Yard:
End Unit
- 1.2 metres, except 7.5 metre
where a lot abuts an Industrial Zone
Corner Unit - 2.4 metres, except 6.0 metres of
the flankage street line to an
attached garage, which fronts
on a flankage street.
(e)
Minimum Rear Yard
- 7.5 metres
(f)
Minimum Privacy Area
- 25 square metres
(g)
Maximum Landscaped Open
Space
- N/A
(i) Maximum Lot Coverage - N/A
In addition to the regulations of Subsection 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
(a)
Covered porches may project into any required front yard a distance of
not more than 3.0 metres and 1.8 metres for a flankage yard;
(b)
Bay windows, either with or without foundations, may project into any
required front, rear, or flankage yards a distance of not more than 0.9
metres; and,
(c)
Stairs may project into any required front yard a distance of not more
than 4.5 metres
In addition to the regulations of Section 6.9.3 "Zone Regulations", a landscaped
strip having a minimum width of 3.0 metres shall be provided and thereafter be
maintained adjacent to every portion of any lot that abuts an Industrial Zone
PART 6
RESIDENTIAL ZONES
RES-160
Notwithstanding the provisions of Section 6.1.4 Paragraph (a) with respect to
any yard that abuts an Industrial Zone, accessory buildings or structures shall
be permitted a minimum distance of 7.5 metres from any lot line that abuts an
Industrial Zone.
By-law 11-091
RM2-25
North Side of Mud Street, East of Felkers Creek, Schedule
Repealed by
"A", Map No. 10
By-law 12-161
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (h), and (i) of
Subsection 6.9.3 of the Multiple Residential "RM2" Zone, on those lands zoned
"RM2-25" by this By-law, the following shall apply:
(a) Minimum Lot Area - 170 square metres
(b) Minimum Lot Frontage:
Interior Unit
End Unit
Corner Unit
- 6 metres
- 6.5 metres
- 6.5 metres
(c)
Minimum Front Yard
- 4.5 metres to the dwelling and
6.0 metres to the attached
garage
(d)
Minimum Side Yard for an End
Unit
- 1.25 metres
PART 6
RESIDENTIAL ZONES
RES-161
(h)
Maximum Height - 3 storeys and the elevation of
the peak of the roof shall be a
maximum of 203.0 masl.
(i)
Maximum Lot Coverage
- 55 percent
(l)
For the purposes of this special provision, where a lot zoned "RM2-25"
is also partially zoned (P5), as per Zoning By-law No. 05-200, the lands
zoned (P5) that comprise part of the lot may be used for the calculation
of Minimum Lot Area and Minimum Rear Yard.
By-law 10-327 (OMB) RM2-26
22 Green Mountain Road West, Schedule "A", Map No.
11
In addition to Subsection 6.9.2 "Permitted Uses for Each Lot, the following
shall be permitted:
(a)
Street Townhouse with a rear garage accessed via a public road
Notwithstanding the definition of "Lot Line - Front" in By-law No. 3692-92,
for Block 16 on Schedule "A", "Lot Line - Front" shall be deemed to be from
Street "F" and Street "J" as per Draft Plan of Subdivision 25T-200803.
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (g), (h) and
(i) of Subsection 6.9.3 of the Multiple Residential "RM2" Zone, on those
lands zoned "RM2-26" by this By-law, the following shall apply:
(a)
Minimum Lot Area
- 150 square metres, except 195
square metres for an end unit, and
240 square metres for a corner
unit
(b)
Minimum Lot Frontage
- 5.6 metres per dwelling unit,
except 8.0 metres for a corner
unit
(c)
Minimum Front Yard
- 3.5 metres to the dwelling
(d)
Minimum Side Yard
- 1.2 metres, except;
PART 6
RESIDENTIAL ZONES
RES-162
On a corner lot the minimum side yard abutting the flankage street shall
be 2.4 metres
(e)
Minimum Rear Yard
- 1.5 metres to the detached
garage and 6.0 metres to the
dwelling
(g)
Minimum Landscaped Open Space - 25% of the lot area which may
include the privacy area
(h)
Maximum Height
- 12.5 metres
(i)
Maximum Lot Coverage
- N/A
Notwithstanding provision b) of Section 4.10.3 "Dimensions of Parking Spaces",
on those lands zoned "RM2-26" by this By-law, the following shall apply:
The parking space size located within a garage shall have a minimum
width of 2.75 metres and have a minimum length of 6.0 metres. Stairs
shall be permitted to encroach 0.5 metres into the length of this parking
space.
In addition to the regulations of Subsection 4.19 "Yard Encroachments, the
following encroachments shall be permitted:
(a)
Covered porches may project into any required front yard a distance of
not more than 3.0 metres and 1.8 metres for a flankage yard;
(b)
Bay windows, either with or without foundations, may project into any
required front, rear, or flankage yards a distance of not more than 0.9
metres; and,
(c)
Stairs may project into any required front yard a distance of not more
than 4.5 metres
Notwithstanding the above, uses and standards outlined in the "RM2-20"
Zone shall also be permitted in the "RM2-26" Zone.
By-law 11-237
RM2-27
130 and 170 Palacebeach Trail, Schedule "A", Map No. 2
PART 6
RESIDENTIAL ZONES
RES-163
Notwithstanding the provisions of Paragraphs (a) and (e) of Section 6.9.3 "Zone
Regulations" of Zoning By-law No. 3692-92, on those lands zoned "RM2-27"
by this By-law, the following shall apply:
(a) Minimum Lot Area:
Interior Unit
End Unit
Corner Unit
- 159 square metres
- 215 square metres
- 240 square metres
(e)
Minimum Rear Yard
- 7.1 metres
By-law 11-237
RM2-28
130 and 170 Palacebeach Trail, Schedule "A", Map No. 2
For the purposes of this By-law, a common element condominium road shall
be deemed to be a street.
All buildings, structures, required parking areas and stormwater management
facilities shall be setback a minimum of 14.0 metres from a Provincial
PART 6
RESIDENTIAL ZONES
RES-164
Highway Right-of-Way.
Notwithstanding the provisions of Paragraphs (a), (b), (d), (e) and (i) of Section
6.9.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands zoned
"RM2-28" by this By-law, the following shall apply:
(a) Minimum Lot Area:
Interior Unit
End Unit
Corner Unit
- 154 square metres
- 206 square metres
- 215 square metres
(b) Minimum Lot Frontage:
Corner Unit
- 8.4 metres
(d) Minimum Side Yard:
Corner Unit - 2.0 metres
(e) Minimum Rear Yard - 6.0 metres
(i) Maximum Lot Coverage - 51 percent
In addition to the regulations of 6.9.3 "Zone Regulations", a minimum of 0.5
visitor parking spaces for each townhouse dwelling unit shall be provided and
maintained.
By-law 12-161
RM2-29
220 Mud Street West, Schedule "A", Map No. 10
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (g), (h)
and (i) of Sub-section 6.9.3 of the Multiple Residential "RM2" Zone, on those
lands zoned "RM2-29" by this By-law, the following shall apply:
(a) Minimum Lot Area:
Interior Unit
120 square metres.
End Unit
145 square metres.
Corner Unit
185 square metres.
(b) Minimum Lot Frontage:
4.45 metres per dwelling unit.
(c) Minimum Front Yard:
4.5 metres to the dwelling, except 6.0
metres to the attached garage.
PART 6
RESIDENTIAL ZONES
RES-165
(d) Minimum Side Yard:
1.2 metres.
End Unit or Corner Unit
2.4 metres, except 6.0 metres for the
flankage street line to an attached
garage, which fronts on a flankage
street.
(e) Minimum RearYard:
7.5 metres, except 7.0 metres where
the lot depth is 27.2 metres or less.
(f) Minimum Privacy Area:
27 square metres.
(g) Minimum Landscaped Open Space: 20 per cent of the lot area, which may
include the privacy area.
(h) Maximum Building Height:
3 storeys.
(i) Maximum Lot Coverage:
N/A.
Notwithstanding Sub-section 4.13.1 "Daylight Triangles" of Section 4.13
"Special Setbacks", permit a minimum yard of 1.0m from the hypotenuse of a
daylight triangle.
In addition to the regulations of Sub-section 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
d) Covered porches may project into any required front yard a distance of not
more than 3.0 metres and 1.8 metres for a flankage yard;
e) Bay windows, either with or without foundations, may project into any
required front, rear, and/or flankage yards a distance of not more than 0.9
metres; and,
f)
Stairs may project into any required front yard a distance of not more than
4.5 metres.
By-law 12-180
RM2-30
120 and 124 King Street West, Schedule "A", Map No. 5
For the purposes of this By-law, for the lands zoned "RM2-30", King Street
West shall be considered to be the front lot line, notwithstanding the definition of
Lot Through. For the corner lot adjacent to the common element condominium
roadway, the only rear lot line shall be the northerly 6.0 metre lot line.
Notwithstanding the provisions of Section 6.9.2 "Permitted Uses" of Zoning By-
law No. 3692-92, on those lands zoned "RM2-30" by this By-law, the following
additional uses shall be permitted within a street townhouse dwelling, on the
ground floor only:
PART 6
RESIDENTIAL ZONES
RES-166
Retail Store
Personal Service Shop
Professional Office
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (g), and (i)
of Section 6.9.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those
lands zoned "RM2-30" by this By-law, the following shall apply:
(a) Minimum Lot Area:
163 square metres.
(b) Minimum Lot Frontage:
Corner Unit
7.0 metres.
(c) Minimum Front Yard:
0.5 metres.
(d) Minimum Side Yard:
End Unit
1.5 metres.
Corner Unit
0.3 metres.
(e) Minimum Rear Yard:
7.25 metres.
(f) Minimum Privacy Area:
15 square metres per unit.
(g) Minimum Landscaped Open Space
Not applicable.
(i) Maximum Lot Coverage:
70%.
Notwithstanding the provisions of Section 4.10.9 "Schedule of Minimum
Parking Requirements" and Section 6.9.4 "Regulations for Parking" of Zoning
By-law No. 3692-92, on those lands zoned "RM2-30" by this By-law, the
following shall apply:
(a) A minimum of 2 parking spaces shall be required per unit.
By-law 12-183
RM2-31
845 & 857 North Service Road, Schedule "A", Map No. 2
Notwithstanding the provisions of Paragraphs (a), (b), (c), and (d) of Section
6.9.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands zoned
"RM2-31" by this By-law, the following shall apply:
(a) Minimum Lot Area
Interior Unit
162 square metres.
End Unit
202 square metres.
Corner Unit
220 square metres.
(b) Minimum Lot Frontage
PART 6
RESIDENTIAL ZONES
RES-167
End Unit
7.8 metres.
Corner Unit
8.2 metres.
(c) Minimum Front Yard
6.0 metres, except 4.9 metres for a
second floor.
(d) Minimum Side Yard
End Unit
1.2 metres.
Corner Unit
2.0 metres.
By-law 12-183
RM2-32
845 and 857 North Service Road, Schedule "A", Map No. 2
For the purpose of this By-law, a common element condominium road shall be
deemed to be a street.
All buildings, structures, required parking areas, and stormwater management
facilities shall be setback a minimum of 14.0 metres from a Provincial Highway
Right-of-Way.
Notwithstanding the provisions of Paragraphs (a), (b), (c), and (d), of Section
6.9.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands zoned
"RM2-32" by this By-law, the following shall apply:
(a) Minimum Lot Area
Interior Unit
175 square metres.
End Unit
230 square metres.
Corner Unit
220 square metres.
(b) Minimum Lot Frontage
End Unit
7.8 metres.
Corner Unit
8.3 metres.
(c) Minimum Front Yard
6.0 metres, except 4.9 metres for a
second floor.
(d) Minimum Side Yard
End Unit
1.2 metres.
Corner Unit
1.9 metres.
Notwithstanding the provisions of Section 6.9.4 "Regulations for Parking" of
Zoning By-law No. 3692-92, on those lands zoned "RM2-32" by this By-law,
the following shall apply:
(c) That a minimum of 24 visitor parking spaces shall be provided and
maintained.
PART 6
RESIDENTIAL ZONES
RES-168
Notwithstanding the provisions of Section 4.10.3 "Dimensions of Parking
Spaces" and Section 4.10.4 "Requirement for Parking Designated for Vehicles of
Physically Challenged" of Zoning By-law No. 3692-92, on those lands zoned
"RM2-32" by this By-law, the following shall apply:
Dimensions of Parking Spaces
Parking shall have minimum rectangular dimensions of 2.6 metres by 5.5
metres exclusive of any lands used for access, manoeuvring, driveways, or a
similar purpose.
Requirement for Parkinq Designated for Vehicles of Physically Challenged
Parking for the physically challenged shall have minimum rectangular
dimensions of 4.4 metres by 5.5 metres exclusive of any lands used for access,
manoeuvring, driveways, or a similar purpose.
By-law 12-183
RM2-33
845 and 857 North Service Road, Schedule "A", Map No. 2
For the purpose of this By-law, a common element condominium road shall be
deemed to be a street.
All buildings, structures, required parking areas, and stormwater management
facilities shall be setback a minimum of 14.0 metres from a Provincial Highway
Right-of-Way.
Notwithstanding the provisions of Paragraphs (c), (d), and (i) of Section 6.9.3
"Zone Regulations" of Zoning By-law No. 3692-92, on those lands zoned "RM2-
33" by this By-law, the following shall apply:
(c) Minimum Front Yard
5.8 metres.
(d) Minimum Side Yard
Corner Unit
2.0 metres.
(i) Maximum Lot Coverage
55 percent.
By-law 13-048
RM2-36
2 Oceanic Drive, Schedule "A", Map No. 1
Notwithstanding the provisions of Paragraph (h), of Section 6.9.3 "Zone
Regulations", of Section 6.9, Multiple Residential "RM2" Zone, of Zoning By-
law No. 3692-92, on those lands zoned "RM2-36" by this By-law, the following
shall apply:
(h) Maximum Building Height:
11 metres or 2 storeys.
PART 6
RESIDENTIAL ZONES
RES-169
By-law 13-130
RM2-37 339 & 347 Fifty Road and 1317 & 1329 Barton Street, Schedule
(OMB Approval)
"A", Map No. 9
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments", the following shall
apply:
Any lot located at the intersection of two or more roads will require a minimum yard
to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5 metres for a
porch, including porch foundation walls; and 0.0 metres for eaves and gutters.
Notwithstanding Section 4.13.3, or any other yard provision of this By-law, the
minimum setback from a railway right-of-way shall be 28m in conjunction with a
berm.
Notwithstanding the provisions of Paragraphs (c), (d), and (i), of Section 6.9.3 of
Zoning By-law No. 3692-92, on those lands zoned "RM2-37" by this By-law, the
following shall apply:
(c)
Minimum Front Yard:
4.5m to the dwelling, except 6.0m to an
attached garage.
(d)
Minimum Side Yard:
End Unit: 1.2m.
Corner Unit: 2.0m.
(i)
Maximum Lot Coverage:
N/A.
By-law 13-130
RM2-38 339 & 347 Fifty Road and 1317 & 1329 Barton Street, Schedule
(OMB Approval)
"A", Map No. 9
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments", the following shall
apply:
Any lot located at the intersection of two or more roads will require a minimum yard
to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5 metres for a
porch, including porch foundation walls; and 0.0 metres for eaves and gutters.
Notwithstanding the provisions of Paragraphs (c), (d), (e) and (i), of Section 6.9.3 of
Zoning By-law No. 3692-92, on those lands zoned "RM2-38" by this By-law, the
following shall apply:
(c)
Minimum Front Yard:
4.5m to the dwelling, except 6.0m to an
attached garage.
(d)
Minimum Side Yard:
End Unit: 1.2m.
PART 6
RESIDENTIAL ZONES
RES-170
Corner Unit: 2.0m.
(e)
Minimum Rear Yard:
7.0m.
(i)
Maximum Lot Coverage:
N/A.
By-law 13-130
RM2-39 339 & 347 Fifty Road and 1317 & 1329 Barton Street, Schedule
(OMB Approval)
"A", Map No. 9
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" and
paragraphs (b) and (d) of Section 4.19.1 - "Yard Encroachments", the following shall
apply:
Any lot located at the intersection of two or more roads will require a minimum yard
to the hypotenuse of the daylight triangle of 2 metres for a building; 0.5 metres for a
porch, including porch foundation walls; and 0.0 metres for eaves and gutters.
Notwithstanding the provisions of Paragraphs (a), (c), (d), (e) and (i), of Section 6.9.3
of Zoning By-law No. 3692-92, on those lands zoned "RM2-39" by this By-law, the
following shall apply:
(a)
Minimum Lot Area:
Interior Unit: 175 sq.m.
(c)
Minimum Front Yard:
4.5m to the dwelling, except 6.0m to an
attached garage.
(d)
Minimum Side Yard:
End Unit: 1.2m.
Corner Unit: 2.0m.
(e)
Minimum Rear Yard:
7.0m.
(i)
Maximum Lot Coverage:
N/A.
By-law 14-180
RM2-40
420 First Road West, Schedule "A", Map No. 11
By-law 15-297
By-law 17-175
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (g) and (i) of
Subsection 6.9.6 of the Multiple Residential "RM2" Zone, on those lands zoned
"RM2-40" by this By-law, the following shall apply:
(a)
Minimum Lot Area:
Interior Unit
150 square metres.
End Unit
195 square metres.
Corner Unit
240 square metres.
(b)
Minimum Lot Frontage:
5.6 metres per dwelling unit, except 8.0
metres for a corner unit.
PART 6
RESIDENTIAL ZONES
RES-171
(c)
Minimum Front Yard:
4.5 metres to the dwelling, except 6.0
metres to the attached garage door face.
(d)
Minimum Side Yard:
1.2 metres, except; on a corner lot the
minimum side yard abutting the
flankage street shall be 2.4 metres,
except that an attached garage which
fronts on the flankage street shall not
be located within 6.0 metres of the
flankage street line.
(e)
Minimum Rear Yard:
7.0 metres
(g)
Minimum Landscaped
20 per cent of the lot area, which may
Open Space:
include the privacy area.
(i)
Maximum Lot Coverage:
N/A.
Notwithstanding Sub-section 4.10.3 "Dimensions of Parking Spaces" on those lands
zoned "RM2-40" by this By-law the following shall apply:
a)
The parking space size located within a garage shall have a minimum width
of 2.75 metres and have a minimum length of 6.0 metres. Stairs shall be
permitted to encroach 0.5 metres into the length of this parking space.
In addition to the regulations of Sub-section 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
a)
Covered porches may project into any required front yard a distance of not
more than 3.0 metres and 1.8 metres for a flankage yard;
b)
Bay windows, either with or without foundations, may project into any
required front, rear, and/or flankage yards a distance of not more than 0.9
metres;
c)
Stairs may project into any required front yard a distance of not more than
4.5 metres; and,
d)
A cantilever and/or alcove, either with or without foundations, may project
into any required front, rear, or garage side yard a distance of the more than
0.6 metres.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" the
following shall apply:
a)
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 1.0 metres for
a building or porch, including porch foundations walls, and 0.5 metres for
eaves or gutters.
PART 6
RESIDENTIAL ZONES
RES-172
By-law 14-180
RM2-41
420 First Road West, Schedule "A", Map No. 11
Notwithstanding the provisions of Paragraphs a), (b), (c), (d), (e), (g) and (i) of
Subsection 6.9.6 of the Multiple Residential "RM2" Zone, on those lands zoned
"RM2-41" by this By-law, the following shall apply:
(a)
Minimum Lot Area:
Interior Unit
150 square metres.
End Unit
195 square metres.
Corner Unit
240 square metres.
(b)
Minimum Lot Frontage:
5.6 metres per dwelling unit, except 8.0
metres for a corner unit.
(c)
Minimum Front Yard:
4.5 metres to the dwelling, except 6.0
metres to the attached garage.
(d)
Minimum Side Yard:
1.2 metres, except; on a corner lot the
minimum side yard abutting the
flankage street shall be 2.4 metres,
except that an attached garage which
fronts on the flankage street shall not
be located within 6.0 metres of the
flankage street line.
(e)
Minimum Rear Yard:
1.5 metres to the detached garage and
(Rear Garage Townhouses)
6.0 metres to the dwelling or the
attached garage.
(g)
Minimum Landscaped
15 per cent of the lot area, which may
Open Space:
include the privacy area.
(i)
Maximum Lot Coverage:
N/A.
Notwithstanding Sub-section 4.10.3 "Dimensions of Parking Spaces" on those lands
zoned "RM2-41" by this By-law the following shall apply:
a)
The parking space size located within a garage shall have a minimum width
of 2.75 metres and have a minimum length of 6.0 metres. Stairs shall be
permitted to encroach 0.5 metres into the length of this parking space.
In addition to the regulations of Sub-section 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
PART 6
RESIDENTIAL ZONES
RES-173
a)
Covered porches may project into any required front yard a distance of not
more than 3.0 metres and 1.8 metres for a flankage yard;
b)
Bay windows, either with or without foundations, may project into any
required front, rear, and/or flankage yards a distance of not more than 0.9
metres;
c)
Stairs may project into any required front yard a distance of not more than
4.5 metres; and,
d)
A cantilever and/or alcove, either with or without foundations, may project
into any required front, rear, or garage side yard a distance of the more than
0.6 metres.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangles" the
following shall apply:
a)
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 1.0 metres for
a building or porch, including porch foundations walls, and 0.5 metres
eaves or gutters.
By-law 14-180
RM2-41(H)
420 First Road West, Schedule "A", Map No. 11
Notwithstanding the provision of Section 3.8 "Holding Zones", on those lands zoned
"RM2-41(H)" by this By-law, the Holding (H) Zone may be removed and thereby
give effect to the "RM2-41" Zone provisions in Section 8 above, upon completion
of the following:
a)
That all residential lands within 160 metres of the working licenced limits of
the active quarry or the limits of the former quarry under rehabilitation shall
not be developed until such time as the completion of mining and the
completion of rehabilitation on the quarry lands immediately adjacent to the
Holding (H) Zone have been finalized to the satisfaction of the Director of
Planning;
b)
That those lands located within the 50 dBA sound level demarcation of the
All Around Contracting facility not be developed until such time as the
facility ceases to operate, to the satisfaction of the Director of Planning; and,
c)
That land assembly occur with lands to the south in order to establish
appropriately sized lots, to satisfaction of the Director of Planning.
By-law 15-180
RM2-54
435 First Road West, Schedule "A", Map No. 11
PART 6
RESIDENTIAL ZONES
RES-174
Notwithstanding the definitions of Part 2 for a "Street" and / or "Highway", the
following definition shall apply:
For the purposes of the "RM2-54" Zones, private driveway(s) or condominium
road(s) are deemed to be a street(s), and parking and landscaping are permitted
within the street(s).
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (g), and (i)
of Subsection 6.9.3 of the Multiple Residential "RM2" Zone, Section 4.13.1
"Special Setbacks - Daylight Triangles", and Section 4.19 "Yard Encroachments",
the following regulations shall apply:
(a)
Minimum Lot Area:
Interior Unit 89 m2
End Unit
95 m2
Corner Unit 100 m2
(b)
Minimum Lot Frontage:
Interior Unit 5.0 metres
End Unit
6.7 metres
Corner Unit 7.6 metres
For those units fronting Street "A" in Draft Plan 25T-201301R, the required
frontage shall be 4.7 metres, except 6.1 metres for an end unit and 7.3 metres for
a corner unit (For these units, the front lot line shall be deemed to be Street "A").
(c)
Minimum Front Yard:
4.5 metres to the dwelling unit, except 6.0
metres to the garage door face;
3.0 metres to the front of the rear lane
dwelling unit, except 7.0 metres to the
garage (For a rear lane unit, the front lot
line shall be deemed to be Street "A")
(d)
Minimum Side Yard:
End Unit
1.2 metres
Corner Unit
2.4 metres, except
that
an
attached
garage which fronts
on the flankage street
shall not be located
within 6.0 metres of
the flankage street
line.
(e)
Minimum Rear Yard:
6.0 metres to dwelling unit, except 7.5
metres abutting a zone for single, semi-
detached or duplex dwellings, or a street.
PART 6
RESIDENTIAL ZONES
RES-175
3.5 metres to rear lane dwelling
unit, except 6.0 metres to garage door face
and 2.4 metres to corner radius for corner
unit.
(f)
Minimum Privacy Area:
A privacy area with a minimum depth of
4.5 m, except for rear lane towns which
will have a minimum depth of 3.0 m.
(g)
Minimum Landscaped
30 percent, except 10 percent for the rear
Open Space:
lane dwelling units
(i)
Maximum Lot Coverage:
N/A
In addition to the provisions of Subsection 6.9.3 of the Multiple Residential
"RM2" Zone, the following additional regulation shall apply:
(l)
Maximum Density
50 units per hectare
Notwithstanding the provisions of Paragraphs (a) and (e) of Subsection 6.9.4 of
the Multiple Residential "RM2" Zone, Regulations for Parking, on those lands
zoned "RM2-54" by this Bylaw, the following shall apply:
(a)
Minimum number of parking spaces shall be 2 parking spaces and 0.25
visitor parking spaces per dwelling unit.
(e)
Where there is a grouping of three or more parking spaces, no parking
space shall be provided closer than 2 metres to any dwelling unit located
on the same lot.
In addition to the regulations of Subsection 4.19 "Yard Encroachments", the
following encroachments shall be permitted for all uses permitted:
(j)
Covered porches may project into any required front yard a distance of not
more than 3.0 metres and 1.6 metres for the rear lane dwelling units.
Covered porches may project into the flankage yard setback a distance of
not more than 1.6 metres;
(k)
Bay windows either with or without foundations may project into any
required front, rear, or flankage yards a distance of not more than 0.9
metres;
(l)
Stairs may project into any required front yard a distance of not more than
3.0 metres and a flankage yard of not more than 2.4 metres; and,
PART 6
RESIDENTIAL ZONES
RES-176
(m)
A cantilever and/or alcove, either with or without foundations, may project
into any required front, rear, or garage side yard a distance of not more
than 0.6 metres.
Notwithstanding Section 4.13.1 "Special Setbacks Daylight Triangles" the
following shall apply:
Any lot located at the intersection of two or more roads will require a minimum
yard to the hypotenuse of the daylight triangle of 0.5 metres for a building or porch,
including porch foundations walls; and, 0.0 metres for eaves or gutters.
By-law 15-259
RM2-42
435 First Road West, Schedule "A", Map No. 11
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (g), and (i)
of Subsection 6.9.3 of the Multiple Residential "RM2" Zone, Zone Regulations,
Section 4.13.1 "Special Setbacks - Daylight Triangles", and Section 4.19 " Yard
Encroachments", the regulations of the Multiple Residential "RM2-40" Zone, as
established under By-law No. 14-180, shall apply on those lands zoned "RM2 -
42" by this By-law, save and except for regulations (b), (c), (d), (f), (g) and (h);
and, "Yard Encroachment" regulation (c), and "Special Setbacks - Daylight
Triangles" the following shall apply:
(b)
Minimum Lot Frontage:
Interior Unit
6.0 metres
End Unit
7.8 metres
Corner Unit
8.0 metres
(c)
Minimum Front Yard:
3.5 metres to the dwelling 6.0
metres to the garage door face
(d)
Minimum Side Yard:
End Unit
1.5 metres
Interior Unit 0.0 metres
Corner Unit
2.4 metres abutting
flankage street
(f)
Minimum Privacy Area:
25 square metres per unit
(g)
Minimum Landscaped:
15 %
All other regulations of the Multiple Residential "RM2" Zone shall apply.
In addition to the regulations of Subsection 4.19 "Yard Encroachments", the
following encroachments shall be permitted:
(c)
Stairs may project into any required front yard a distance of not more than
3.5 metres and a flankage yard of not more than 2.4 metres.
PART 6
RESIDENTIAL ZONES
RES-177
Notwithstanding Section 4.13.1 "Special Setbacks Daylight Triangles" the
following shall apply:
Any lot located at the intersection of two or more roads will require a minimum
yard to the hypotenuse of the daylight triangle of 0.5 metres for a building or
porch, including porch foundations walls; and, 0.0 metres for eaves or gutters.
By-law 16-102
RM2-43 1831 Rymal Road East, Schedule "A", Map No. 15
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (g), (h),
and (i) of Subsection 6.9.3 of the Multiple Residential "RM2" Zone, the following
regulations shall apply:
(a) Minimum Lot Area
Interior Unit 120 square metres
End Unit
145 square metres
Corner Unit
175 square metres
(b) Minimum Lot Frontage
4.45 metres for all dwelling units
(c) Minimum Front Yard
4.5 metres to the dwelling, except
5.8 metres to the garage
(d) Minimum Side Yard
1.2 metres, except 2.4 metres for an
end or corner unit; and, an attached
garage which fronts on the flankage
street shall not be located within 6.0
metres of the flankage street line.
(e) Minimum Rear Yard
7.0 metres; except 6.0 metres shall
be provided where the dwelling unit
is 2 storeys or less.
(f) Minimum Privacy Area
27 square metres
(g) Minimum Landscape Open Space
Not Applicable
(h) Maximum Building Height
13.5 metres or 3 storeys
(i) Maximum Lot Coverage
Not Applicable
All other regulations of the Multiple Residential "RM2" Zone shall apply.
(iii) Notwithstanding subsection 4.13.1 "Daylight Triangles" of Section 4.13
"Special Setbacks", a minimum yard of 1.0 metres from the hypotenuse of the
daylight triangle shall be permitted for lands zoned Multiple Residential
"RM2-43", Modified, by this By-law.
PART 6
RESIDENTIAL ZONES
RES-178
(i) In addition to subsection 4.19.1 "General Application" of Section 4.19 "Yard
Encroachments" the following shall apply for lands zoned Multiple
Residential "RM2-43", Modified, by this By-law:
(j) Stairs may project into any required front yard a distance of not more than 3.5
metres.
(k) Bay windows, with or without foundations, may project into any required
front, rear and / or flankage yard a distance of not more than 0.9 metres;
(l) Covered porches may project into any require front yard a distance of not more
than 3.0 metres, and 1.8 metres for a flankage yard;
By-law 17-186
By-law 18-253
"RM2-44 (H2)" 440 First Road West "A", Map No. 11
Notwithstanding the provisions of Paragraphs (a), (b), (d), (g), and (i) of
Subsection 6.9.3 of the Multiple Residential "RM2" Zone, Zone Regulations,
Section 4.19 "Yard Encroachments", and Subsection 4.10.3 "Dimensions of
Parking Spaces", the regulations of the Residential "RM2-44" Zone, Modified, as
established for those lands zoned "RM4-44" by this By-law, the following shall
apply:
(a)
Minimum Lot Area: End Unit 230 square metres Corner Unit 240 square
metres
(b)
Minimum Lot Frontage End Unit 7.5 metres
Corner Unit 8.5 metres
(d)
Minimum Side Yard End Unit 1.5 metres
Corner Unit 2.4 metres
(g)
Minimum Landscaped Open Space 23 % of the lot area, which may include
the privacy area
(i)
Maximum Lot Coverage 53 %
(l)
Driveway access onto First Road West, Tilden Avenue, and Bradshaw
Drive shall be prohibited.
Notwithstanding Section 4.13.1, the following shall apply:
Any lot located at the intersection of two or more roads will require a
minimum yard to the hypotenuse of the daylight triangle of 2.0 metre for
a building or porch, including porch foundations walls, and 1.0 metres for
PART 6
RESIDENTIAL ZONES
RES-179
eaves or gutters. All other regulations of the Residential "RM2" Zone shall
apply.
By-law 17-186
"RM2-44(H2)" 440 First Road West, Schedule "A", Map No. 11
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands
zoned "RM2-44(H2)" by this By-law, the Holding "H" symbol may be removed
by City Council and thereby give effect to the "RM2-44" Zone provisions upon
completion of the following:
a)
That the subject lands be assembled with lands to the north, within the
Nash neighbourhood, to the satisfaction of the City's Director of Planning
and Chief Planner.
PART 6
RESIDENTIAL ZONES
RES-180
SECTION 6.10
MULTIPLE RESIDENTIAL "RM3" ZONE
6.10.1
Scope
No person shall within any Multiple Residential "RM3" Zone, use any land or
erect, alter or use any building or structure, except in accordance with the
following provisions:
6.10.2
Permitted Uses For Each Lot
(a)
(b)
Maisonettes
Street Townhouses
By-law 4303-95
(c)
Townhouses
By-law 3863-93
(d)
(e)
Apartment Dwellings
Dwelling Groups
By-law 4200-95
(f)
A Home Occupation
(g)
Uses, buildings or structures accessory to a permitted use
6.10.3
Zon e Regulations
(a)
Minimum Lot Area
-
4,000 square metres
(b)
Minimum Lot Frontage
-
50 metres
By-law 4128-94
(c)
(d)
Minimum Front Yard
-
7.5 metres
Minimum Side Yard for Maisonettes, Townhouses and Dwelling Groups
-
6 metres, except for 7.5 metres for a flankage yard, 7.5 metres
abutting a zone for single detached, semi-detached or duplex
dwellings and 3 metres where an end unit abuts a lot line of a street
townhouse
(e)
Minimum Side Yard for Apartment Buildings
-
1/2 the height of the building but in no case less than 6 metres,
except 7.5 metres for a flankage yard, and 9 metres abutting a zone
for single detached or semi-detached dwellings
By-law 3863-93
(f)
Minimum Rear Yard for Maisonettes, Townhouses and Dwelling Groups
-
6 metres, except 7.5 metres abutting a zone for single,
semi-detached or duplex dwellings, or a street
PART 6
RESIDENTIAL ZONES
RES-181
(g)
Minimum Rear Yard for Apartment Buildings - 15 metres
By-law 4128-94
(h)
Minimum Distance Between Buildings on the Same Lot
-
15 metres, except 3 metres between end walls and 9 metres
between an end wall and a rear wall.
(i)
Maximum Density
1.
40 units per hectare
2.
49 units per hectare if 100 percent of required tenant parking is
underground or enclosed within the main building.
(j)
Maximum Building Height
-
11 metres
(k)
Maximum Lot Coverage
-
35 percent
(l)
Privacy Area - Notwithstanding the yard requirements above, each
maisonette and townhouse unit shall have at least one area which serves
as a privacy area which shall be adjacent to the dwelling unit and shall
have a minimum depth of 4.5 metres.
(m)
Minimum Landscaped Open Space
By-law 4303-95
1. Not less than 50 percent of the lot area for maisonettes, townhouses
and dwelling groups shall be landscaped including privacy areas.
2. Not less than 25 percent of the lot area for apartments shall be
landscaped with at least 25 percent of the required area being
located in a yard other than the front yard and having a minimum
width of 6 metres.
3. Not less than 1.5 metres of landscaped strip shall be provided
By-law 3863-93
4.
between any privacy area and any lot line.
A landscaped strip having a minimum width of 4.5 metres shall be
provided and thereafter maintained adjacent to every portion of any
lot that abuts a street except for points of ingress and egress.
PART 6
RESIDENTIAL ZONES
RES-182
6.10.4
Regulations For Street Townhouses
Street Townhouses shall be permitted in accordance with Section 6.1.10,
6.9.3, 6.9.4 and 6.9.5. (By-law 15-073)
6.10.5
Regulations For Parking
(a)
Minimum Number of Parking Spaces
1.
2 parking spaces and 0.5 visitor parking spaces for each maisonette
and townhouse dwelling unit. Tandem parking is permitted for
non-visitor parking spaces.
By-law 4303-95
2.
1.25 parking spaces and 0.35 visitor parking spaces for each
bachelor or one bedroom dwelling dwelling unit other than a
By-law 4303-95
townhouse or maisonette.
3.
1.5 parking spaces and 0.35 visitor parking spaces for each two
By-law 4303-95
bedroom dwelling unit other than a townhouse or maisonette.
4.
1.75 parking spaces and 0.35 visitor parking spaces for each
dwelling unit other than a townhouse or maisonette.
(b)
No common parking space shall be located closer than 3 metres from a
zone for single detached, semi-detached or duplex dwellings.
(c)
For maisonettes or townhouses, only one of the required parking spaces
per unit may be provided in the required front yard.
(d)
Where the required minimum number of parking spaces is four or more,
no parking space shall be provided closer than 3 metres to any lot line or
closer than 5 metres to any dwelling unit located on a lot other than the
said lot, except that the provisions of this clause shall not apply to any
parking space located within a private garage, or underground garage.
(e)
Where there is a grouping of three or more parking spaces, no parking
space shall be provided closer than 3 metres to any dwelling unit located
on the same lot, except that the provisions of this clause shall not apply
to any parking space located within an underground garage.
PART 6
RESIDENTIAL ZONES
RES-183
6.10.6
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 4.5 and 6.1.4.
6.10.6.1
Regulations for Secondary Dwelling Units and Secondary Dwelling Units -
Detached
Secondary Dwelling Units and Secondary Dwelling Units -
Detached are permitted in accordance with Section 6.1.7.
6.10.7
Special Exemptions
RM3 - 1(H) Repealed by By-law No. 4691-98
RM3 - 2(H) South Side of Mistywood Drive Extension, East of Felker
Creek, Schedule "A", Map No. 10
Notwithstanding the uses permitted in Section 6.10.2 of the Multiple
Residential "RM3" Zone, the use of those lands zoned "RM3-2(H)" by this
By-law shall be limited to block townhouses. The "H" symbol may be
removed at such time as the following conditions are satisfied:
1. Development and Maintenance and Use Agreements have been entered
into by the Owner with the Corporation, and
2. The triangularly-shaped parcel of land located along the west side of
Isaac Brock Drive North has been registered in the same name and title
as abutting lands.
By-law 3970-94
RM3 - 3
Highland Road West, Part of Lots 30 and 31, Concession 7,
By-law 5042-99
Schedule "A", Map No. 15
Notwithstanding the provisions of clause 4, paragraph (m) of Section 6.10.3 of
the Multiple Residential "RM3" Zone, on those lands zoned "RM3-3" by this By-
law, a minimum landscape strip of 3 metres shall be provided adjacent to
Highland Road West except for points of egress and ingress.
RM3 - 4
Block 1, Registered Plan No. 62M-596 and Block 116,
Registered Plan No. 62M-645, Schedule "A", Map No. 2
Notwithstanding the uses permitted in Section 6.10.2 of the Multiple
Residential "RM3" Zone, those lands zoned "RM3-4" by this By-law shall
only be used for townhouse dwellings and buildings and structures accessory
PART 6
RESIDENTIAL ZONES
RES-184
thereto. Notwithstanding the provisions of paragraph (b) of Section 6.10.3 of
the Multiple Residential "RM3" Zone, on those lands zoned "RM3-4" by this By-
law, the minimum lot frontage shall be 20 metres. Notwithstanding the
provisions of paragraph (a) of Section 4.13.2, Setback from Top of Bank of Lake
Ontario, on those lands zoned "RM3-4" by this By-law, the minimum setback
from the top of the bank of the Lake Ontario shoreline shall be 30 metres to the
dwelling unit and 25 metres to the deck support.
RM3 - 5 Northwest Corner of Upper Centennial Parkway and
Highgate Drive, Schedule "A", Map No. 16
Notwithstanding the provisions of paragraphs (c) and (e) of Section 6.10.3 of the
Multiple Residential "RM3" Zone, on those lands zoned "RM3-5" by this By-
law, the minimum front yard shall be 6 metres for a dwelling and 10 metres for
any attached garage or carport or detached garage or carport and the minimum
side yard shall be 13.7 metres abutting Upper Centennial Parkway.
By-law 3782-93 RM3 - 6 Part of Lot 15, Concession 3, south side of Highway No. 8,
approximately 50 metres east of Envoy Boulevard, Schedule
"A", Map No. 7
Notwithstanding the provisions of paragraph (c) of Section 6.10.3 of the Multiple
Residential "RM3" Zone, on those lands zoned "RM3-6" by this By-law,
the minimum front yard adjacent to Highway No. 8 shall be 14 metres.
By-law 3865-93
RM3 - 7
Southwest corner of Mud Street and Upper Mount Albion
Road, Schedule "A", Map No. 10
Notwithstanding the permitted uses of Subsection 6.10.2 of the Multiple
Residential "RM3" Zone, those lands zoned "RM3-7" Zone by this By-law,
may only be used for townhouses.
Notwithstanding the provisions of paragraphs (b) and (f) of Section 6.10.3 of the
Multiple Residential "RM3" Zone, on those lands zoned "RM3-7" Zone by this
By-law, the minimum lot frontage shall be 6 metres adjacent to Upper Mount
Albion Road and the minimum rear yard shall be 15 metres adjacent to the south-
westerly lot line.
By-law 3960-94
RM3 - 8
229-233 North Service Road, Schedule "A", Map No. 10
PART 6
RESIDENTIAL ZONES
RES-185
Notwithstanding the permitted uses of Section 6.10.2 of the Multiple
Residential "RM3" Zone, those lands zoned "RM3-8" by this By-law, may only
be used for townhouses and buildings and uses accessory thereto.
By-law 3960-94 Notwithstanding the definition of "lot line front" of Part 2 of this By-law, the
lot line adjacent to Frances Avenue shall be deemed the front lot line and all lot
lines shall correspond thereto on those lands zoned "RM3-8" by this By-
law.
Notwithstanding the provisions of paragraphs (c) and (f) of Section 6.10.3 of
the Multiple Residential "RM3" Zone, on those lands zoned "RM3-8" by this
By-law, the minimum front yard shall be 6 metres adjacent to Frances
Avenue and the minimum rear yard shall be 14 metres adjacent to the North
Service Road.
Notwithstanding the provisions of paragraph (h) of Section 6.10.3 of the
Multiple Residential "RM3" Zone, on those lands zoned "RM3-8" by this
By-law, the minimum distance between buildings on the same lot shall be 6
metres between end walls which contain windows to a habitable room or 3
metres between end walls containing no habitable room windows.
Notwithstanding the provisions clause 4 of paragraph (m) of Section 6.10.4 of
the Multiple Residential "RM3" Zone, on those lands zoned "RM3-8" by this
By-law, a landscaping strip having a minimum width of 3 metres shall be
provided adjacent to the rear lot line.
In addition to the provisions of subsection 6.10.3 of the Multiple Residential
"RM3" Zone, on those lands zoned "RM3-8" by this By-law, no building
shall be erected at a distance of less than 7.62 metres from the top of the bank
of the stream located on the same lot, as defined by Reference Plan No.
62R-12769 as prepared by A.J. Clarke, dated September 8, 1993.
In addition to the uses permitted by this Special Exemption, street
townhouses and buildings and uses accessory thereto shall also be permitted
subject to the regulations of Section 6.9, except, that no street townhouse
dwelling shall be located less than 7.5 metres from any zone allowing single
PART 6
RESIDENTIAL ZONES
RES-186
detached dwellings.
By-law 4076-94
RM3 - 9
511 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (h), (I) and (m) of Section
6.10.3 of the Multiple Residential "RM3" Zone and paragraph (d) of Section
4.19, "Yard Encroachments", on those lands zoned "RM3-9" by this By-law the
minimum distance between buildings on the same lot shall be 3.5 metres, the
maximum density shall be 57 units per hectare and the minimum landscaped
open space shall be 45% and balconies may project into a required side
yard a distance of not more than 1.5 metres.
By-law 4115-94 RM3 - 10 Blocks C & D, Registered Plan No. M-133, West of Green
Road, North of the North Service Road, Schedule "A", Map
No. 10
Notwithstanding the permitted uses of Section 6.10.2 of the Multiple Residential
"RM3" Zone, those lands zoned "RM3-10" by this By-law may only be used
for townhouses and uses buildings or structures accessory thereto.
Notwithstanding the definition of "Lot, Lot Line - Front, Lot Line - Rear and
Lot Line - Side" of Part 2, Definitions, those lands zoned "RM3-10" by this By-
law shall be considered as one lot, the lot line adjacent to Frances Avenue shall
be deemed the front lot line and all lot lines shall correspond thereto.
Notwithstanding the provisions of paragraphs (b), (c), (d) and (f) of Section
6.10.3 of the Multiple Residential "RM3" Zone, on those lands zoned "RM3-
10" by this By-law, the minimum lot frontage shall be 10 metres, the
minimum front yard shall be 6 metres, the minimum side yard shall be 6.0
metres except the side yard adjacent to a rear lot line of a street townhouse may
be a minimum of 3 metres, and the minimum rear yard shall be 14 metres
adjacent to the North Service Road. The rear yard shall be established by a
straight line measured 14 metres northerly from where the side lot lines meet
the North Service Road.
By-law 4115-94 In addition to the provisions of subsection 6.10.3 of the Multiple Residential
"RM3" Zone, on those lands zoned "RM3-10" by this By-law, no building shall
PART 6
RESIDENTIAL ZONES
RES-187
be erected at a distance of less than 7.62 metres from lands zoned Open Space
"OS" Zone.
In addition to the uses permitted by this Special Exemption, street
townhouses and uses, buildings or structures accessory thereto shall also be
permitted subject to the regulations of Section 6.9.
By-law 4199-95
RM3 - 11
465 Dewitt Road, Schedule "A", Map No. 1
Notwithstanding the provisions of paragraphs (b) and (m)4, of Section 6.10.3 of
the Multiple Residential "RM3" Zone, on those lands zoned "RM3-11" by this
By-law, the minimum lot frontage shall be 47 metres, and the minimum
landscaping strip adjacent to the North Service Road shall be 1.5 metres.
Notwithstanding the definition of "Dwelling-Townhouse" of Section 2,
"Definitions", on those lands zoned "RM3-11" by this By-law, a townhouse
shall mean a building containing not less than two and not more than eight
dwelling units, with each unit separated by a common or party wall or walls,
with a separate outside entrance to each unit.
RM3 - 12
RESERVED
By-law 4197-95
RM3 - 13
Northeast corner of Rymal Road East and Whitedeer Road,
Schedule "A", Map No. 16
Notwithstanding the provisions of paragraphs (d) and (e) of Section 6.10.5 of
the Multiple Residential "RM3" Zone, on those lands zoned "RM3-13" by
this By-law, visitor parking spaces may be located a minimum of 0.0 metres
from the northerly lot line and visitor parking spaces may be located a minimum
of 1.5 metres from a dwelling unit located on the same lot.
By-law 4700-98
RM3 - 14
242, 246 Barton Street, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (a) and (c) of Subsection 6.9.3,
on those lands zoned "RM3-14" by this By-law, the minimum lot area for an
interior lot shall be 140 square metres, the minimum lot area for a corner lot
shall be 223 square metres and the minimum front yard shall be 3.0 metres to
PART 6
RESIDENTIAL ZONES
RES-188
the dwelling unit.
By-law 4538-97
RM3 - 15
Northeast corner of Highbury Drive and Gatestone Drive,
By-law 4593-97
Schedule "A", Map No. 16
Notwithstanding the provisions of paragraphs (b) and (c) of Subsection 6.10.2 of
the Multiple Residential "RM3" Zone, on those lands zoned "RM3-15" by this
By-law, the minimum lot frontage shall be 40 metres and the minimum front yard
shall be 4.5 metres.
By-law 4437-96
RM3 - 16
261 King Street East, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (i) and (j) of Section 6.10.3 "Zone
Regulations", on these lands zoned "RM3-16" by this By-law, the maximum
density shall be 16 units per net residential hectare and the maximum building
height shall be 9.5 metres.
By-law 4538-97
RM3 - 17
Southeast corner of Highbury Drive and Gatestone Drive,
By-law 4660-97
Schedule "A", Map No. 16
Notwithstanding the provisions of paragraph (b) of Subsection 6.10.3 of the
Multiple Residential "RM3" Zone, on those lands zoned "RM3-17" Zone by this
By-law, the minimum lot frontage shall be 10 metres.
By-law 4690-98
RM3 - 18
303 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (a) and (f) of Subsection 6.10.3
"Zone Regulations", on those lands zoned "RM3-18" Zone by this By-law,
the minimum lot area shall be 1,450 square metres and the minimum rear yard
shall be 5 metres for the dwelling existing at the date of the passing of this
By-law.
By-law 4634-97
RM3 - 19
2 Harbour Drive, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (d), (f) and (i) of Subsection
6.10.3 "Zone Regulations", on those lands zoned "RM3-19" Zone by this By-
law, the minimum flankage yard adjacent to Harbour Drive shall be 6 metres,
the minimum rear yard shall be 2 metres and the maximum density shall be
55 units per net residential hectare.
PART 6
RESIDENTIAL ZONES
RES-189
By-law 4700-98
RM3 - 20
242, 246 Barton Street, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (b) of Subsection 6.9.3, on those
lands zoned "RM3-20" Zone by this By-law, the minimum lot frontage shall
be 2 metres.
By-law 5098-00
RM3 - 21
North and West of the intersection of Frances Avenue and
Green Road, Schedule "A", Map No. 1
Notwithstanding the provisions of paragraphs (b), (c), (h) and (m) 1. of
Subsection 6.10.3, on those lands zoned "RM3-21" by this By-law, the
minimum lot frontage shall be 30 metres, the minimum front yard shall be 6
metres, the minimum landscaped open space area shall be 45 percent, and the
minimum distance between buildings on the same lot shall be 14 metres,
except 3 metres between end walls and 9 metres between an end wall and a rear
wall.
In addition to the provisions of paragraph (f) of Subsection 6.10.3, the minimum
rear yard for an end unit adjacent to the rear lot line shall be 3 metres.
Notwithstanding the definition of "Dwelling-Townhouse", of Part 2,
Definitions, on those lands zoned Multiple Residential "RM3-21" a maximum
of 9 dwelling units may be permitted in one block.
By-law 02-203
RM3 - 22
358 Winona Road, (Block 112, Foothills of Winona), Schedule
"A", Map No. 9
Notwithstanding the permitted uses of Subsection 6.10.2 of the Multiple
Residential "RM3" Zone, those lands zoned "RM3-22" by this By-law, may
only be used for street townhouses.
Notwithstanding the provisions of Subsection 4.13.3 of the General
Provisions Section, on those lands zoned "RM3-22" by this By-law, the
minimum setback from a railway right-of-way shall be 28 metres in conjunction
with a berm.
By-law 03-104
RM3 - 23
Northwest Corner of Mud Street West and Paramount Drive,
Schedule "A", Map No. 10
PART 6
RESIDENTIAL ZONES
RES-190
Notwithstanding the provisions of Paragraph (b) of Subsection 6.10.3 of the
Multiple Residential "RM3" Zone, on those lands zoned "RM3-23", a minimum
lot frontage of twenty-five (25) metres shall be required.
OMB Order 03
RM3 - 24
Northeast corner of Margaret Avenue and Highway No. 8,
January 6, 2003
Schedule "A", Map No. 6
(By-law 01-087)
(a) In addition to the uses permitted in Section 6.10.2, Permitted Uses For
Each Lot, a townhouse dwelling containing 2 dwelling units fronting
onto Margaret Avenue, may also be permitted;
(b) Notwithstanding the provisions of paragraph (j) of Subsection 6.10.3 of
Zoning By-law 3692-92, a maximum of 2 storeys for a townhouse
dwelling fronting onto Margaret Avenue shall be permitted;
(c) Notwithstanding the provisions of paragraph (c) of Subsection 6.10.3 of
Zoning By-law 3692-92, the minimum front yard shall be 3 metres;
(d) Notwithstanding the provisions of paragraph (f) of Subsection 6.10.3 of
Zoning By-law 3692-92, the minimum rear yard shall be 6 metres;
(e)
Notwithstanding the provisions of paragraph (i) of Subsection 6.10.3 of
Zoning By-law 3692-92, the maximum density shall be 42 units per hectare;
(f)
Notwithstanding the provisions of paragraph (m) of Subsection 6.10.3 of
Zoning By-law No. 3692-92, the minimum landscaped open space shall
be 45% of the lot area and the minimum landscaped strip width adjacent
to Highway No. 8 shall be 3 metres;
(g) Notwithstanding the provisions of paragraph (e) of Subsection 6.10.5 of
Zoning By-law 3692-92, where there is a grouping of 3 or more parking
spaces, no parking space shall be provided closer than 1.8 metres to any
dwelling unit on the same lot; and
(h)
In addition to the definition of "Dwelling - Townhouse", of Part
2, Definitions of Zoning By-law No. 3692-92, a building containing a
minimum of 2 dwelling units fronting Margaret Avenue shall also be
permitted.
PART 6
RESIDENTIAL ZONES
RES-191
By-law 04-191
RM3 - 25
145, 147, 149 and 151 Green Road, Schedule "A", Map No. 6
By-law 06-242
Notwithstanding the provisions of paragraphs (b), (d) (i) and (m) of Section
6.10.3 and paragraph (d) of Section 6.10.5 of the Multiple Residential "RM3"
Zone, on those lands zoned "RM3-25" by this By-law, the minimum lot frontage
shall be 46 metres, the minimum easterly and southerly side yards shall be 3
metres, the minimum landscaped open space shall be 41 percent, the
maximum density shall be 42 units per hectare, and parking spaces shall be
provided no closer than 0.5 metres from the rear lot line and 2.2 metres from the
northerly side lot line. In addition, vehicular access to the lands to the south
shall not be permitted.
By-law 04-173
RM3 - 26
478 Glover Road, Schedule "A", Map No. 3
Notwithstanding the provisions of Paragraphs (b), (c), (d) and (f) of Section
6.10.3 of the Multiple Residential "RM3" Zone, for those lands zoned "RM3-
26" by this By-law, the following shall apply:
(b) Minimum Lot Frontage - 10.2 metres
(c) Minimum Front Yard shall be 7.5 metres to the front lot line and 6
metres from the internal private road.
(d) Minimum Side Yard for Townhouses shall be 6 metres, except for 3
metres abutting a zone for single detached dwellings and 21 metres
abutting North Service Road.
(f) Minimum Rear Yard for Townhouses shall be 6 metres.
By-law 06-064
RM3 - 27
20 Artfrank Drive, Schedule "A", Map No. 10
By-law 16-037
(i)
Notwithstanding the uses permitted in Subsection 6.10.2 of the Multiple
Residential "RM3" Zone, the following uses shall be permitted:
Blocks 1 - 3 of the attached Schedule "A"
a)
Apartment Dwellings
b)
A Home Occupation
c)
Uses, buildings or structures accessory to a permitted use
Block 4 of the attached Schedule "A"
a)
Dwelling Groups
b)
Live/Work Units
c)
Maisonettes
d)
Townhouses
PART 6
RESIDENTIAL ZONES
RES-192
e)
A Home Occupation
f)
Uses, buildings or structures accessory to a permitted use
(ii)
Notwithstanding the definition of "Lot Line - Front" of Part 2
"Definitions" the following definitions shall apply:
"Lot Line - Front"
Artfrank Drive shall be deemed to be the front lot line.
(iii) In addition to the definitions of Part 2 "Definitions" the following
definition for "Live/Work Units" is to be added for the purpose of this
By-law:
For the purposes of this By-law, a "Live/Work Unit" shall mean a
dwelling unit having a residence and business in the same location which
consists of a ground floor commercial unit having a maximum of 50m2
of gross floor area and an upper level residential unit. Commercial uses
in a "Live / Work Unit" shall be limited to a personal service shop, a
professional office, and a retail store.
(iv)
Notwithstanding the provisions of Section 4.13.1 "Daylight Triangles"
of Zoning By-law No. 3692-92, on those lands zoned "RM3-27" by this
By-law, a minimum yard of 1.5 metres from the hypotenuse of the
daylight triangle shall be provided and maintained.
(v)
Notwithstanding the provisions of Section 4.19.1 "General Application"
of Zoning By-law No. 3692-92, on those lands zoned "RM3-27" by this
By-law, a porch may project a maximum of 4.5 metres into any required
rear yard and 1.6 metres into any required side yard.
(vi)
In addition to the provisions of Section 6.10.2 "Permitted Uses for Each
Lot", Live/Work Units shall also be permitted.
(vii) Notwithstanding provisions of Paragraphs (c), (d), (e), (g), (i), (j), (l), and
(m) of Section 6.10.3 "Zone Regulations"; of Zoning By-law No. 3692-
92, on those lands zoned "RM3-27" by this By-law, the following shall
apply:
PART 6
RESIDENTIAL ZONES
RES-193
(c)
(d)
Side Yard for Townhouses and
Dwelling Groups
(e)
Side Yard for Apartment Buildings
1.
Minimum Interior
-
9.0 metres
2.
Maximum Exterior
-
6.7 metres
(g)
Minimum Rear Yard for Apartment
-
8.8 metres
Building
(i)
Maximum Density
-
200
units
per Hectare
(j)
Maximum Building Height for Block 4
-
3 storeys
Townhouse / Maisonette / Live / Work
or 13.5 Units
/ and / or Dwelling Groups
metres
Maximum Setback from East and South
Lot Line
−
6.6
metres,
except that the
maximum
setback from the
south lot line
shall not apply
to an apartment
building.
1. Minimum Interior
−
3.0 metres, except
that a minimum 9.0
m shall be provided
and maintained for
the
easterly
townhouse
block
adjacent to lands
zoned Mixed Use
Commercial
"MUC-1(H)" Zone,
Modified, Holding,
known municipally
as 182 and 188
Upper
Mount
Albion Road.
PART 6
RESIDENTIAL ZONES
RES-194
Maximum Building Height for Apartment Building(s)
Block 1
-
7 storeys or 24.1 m;
however the building shall
be stepped in from both ends
of the building a minimum
of 3 m for each storey above
16 m of building height.
Block 2
-
12 Storeys or 40.6 m
Block 3
-
8 Storeys or 27.4 m
(l)
Privacy Area
-
Notwithstanding the
yard requirements above,
each
maisonette
and
townhouse unit shall have at
least one area which serves
as a privacy area which shall
be adjacent to the dwelling
unit and shall have a
minimum depth of 2.5
metres.
(m)
Minimum Landscape Open -
39%
`
Space
(viii)
Notwithstanding the provisions of Paragraphs (a) and (e) of Section 6.10.5
"Regulations for Parking"; Paragraph (d) of Section 6.1.8 "Parking
Restrictions in Residential Zones"; Paragraph (b) of Section 4.10.3
"Dimensions of Parking Spaces"; and, Paragraph (a) of Section 4.10.4
"Requirement For Parking Designated For Vehicles of Physically
Challenged" of Zoning By-law No. 3692-92, on those lands zoned "RM3-
27" by this By-law, the following shall apply:
4.10.3 Dimensions of Parking Spaces
(b)
For other than 90 degree perpendicular parking spaces and
for parking spaces within private residential garages
designed to accommodate one motor vehicle, the parking
space shall not be less than 2.6 metres in width or less than
5.5 metres in length exclusive of any land used for access,
manoeuvring, driveways or a similar purpose.
A single step, hose bibs, electrical devices and/or ductwork
and closet enclosures may project not more than .3 metres
into the required length or width of a parking space.
PART 6
RESIDENTIAL ZONES
RES-195
4.10.4 Requirement For Parking Designated For Vehicles of Physically
Challenged
At least 1 percent of the required parking spaces, with a minimum
of one parking space, on any lot having more than 10 parking
spaces, shall:
a)
have minimum rectangular dimensions of 4.4 metres by 5.5
metres; and
6.1.8 Parking Restrictions in Residential Zones
d)
Parking spaces shall have a width of not less than 2.6 metres
and a length of not less than 5.5 metres and parking spaces
for physically challenged persons shall have a width of not
less than 4.4 metres and a length of not less than 5.5 metres,
exclusive of any land used to permit ingress or egress to said
parking spaces, maneuvering areas, driveways or aisles.
One parking space within a private residential garage shall
not be less than 2.6 metres in width or less than 5.5 metres
in length;
6.10.5 Regulations for Parking
(a) Minimum Number of Parking Spaces
1. Townhouse / Maisonette Dwellings 2.1 spaces per unit,
which
includes
visitor spaces.
2. Bachelor / One Bedroom
1.55 spaces per unit,
Apartment Units
which includes
visitor spaces.
3. Two Bedroom Apartment
1.8 spaces per unit,
Units
which includes
visitor spaces.
4. Three Bedroom Apartment
2.05 spaces per unit,
Units
which includes
visitor spaces.
e)
Where there is a grouping of three or more parking spaces, no
parking shall be provided closer than 0.9 m to any dwelling
unit located on the same lot, except that the provisions of this
clause shall not apply to any parking space located within an
underground garage.
PART 6
RESIDENTIAL ZONES
RES-196
By-law 05-349
RM3 - 28
45 Seabreeze Crescent, Schedule "A", Map No. 3
Notwithstanding the provisions of Paragraphs (b), (k) and (m) of Section
6.10.3 of the Multiple Residential "RM3" Zone, for those lands zoned "RM3-
28" Zone by this By-law, the following shall apply:
(b)
Minimum Lot Frontage
-
11 metres
(k)
Maximum Lot Coverage
-
40 percent
(m) Minimum
Landscaped
Open
Space
-
40 percent
Notwithstanding the provisions of Paragraph (a) of Section 6.10.5 on those lands
zoned "RM3-28" by this By-law, a minimum of eleven (11) parking spaces shall
be provided and maintained.
By-law 06-067
RM3 - 29
4 Bridgewater Court, Schedule "A", Map No. 10
Notwithstanding the permitted uses in Subsection 6.10 of the Multiple
Residential "RM3" Zone, those lands zoned "RM3-29" by this By-law may only
be used for multiple dwellings and uses, buildings or structures accessory thereto.
For purposes of the "RM3-29" Zone, a multiple dwelling is defined as a "building
or part thereof containing two or more dwelling units, but shall not include a
semi-detached dwelling.
Notwithstanding Subsections 6.1.4(a) and 6.1.8(c), no parking space shall be
provided closer than 3 metres to any lot line, except for 2 parking spaces that are
permitted to be located 0.0 metres to a side lot line and one garbage enclosure is
permitted to be located 0.0 metres from a rear lot line.
Notwithstanding any of the Zone Regulations of Subsection 6.10.3 and
Regulations for Parking of Subsection 6.10.5 of Zoning By-law No. 3692-92, for
those lands zoned "RM3-29" by this By-law, the following shall apply:
(a)
Minimum Lot Area
- 4,000 square metres
(b)
Minimum Lot Frontage
- 50 metres
(c)
Minimum Front Yard
- 7.2 metres
(d)
Minimum Side Yard
- 4.8 metres to the westerly side lot
PART 6
RESIDENTIAL ZONES
RES-197
and 6.0 metres to all other side
lot lines
(e)
Minimum Rear Yard
-
6.0 metres
(f)
Minimum Distance Between
-
2.6 metres between end walls
Buildings on the Same Lot
and 7.45 metres between all other
Walls
(g) Maximum Density - 62 dwelling units
(h) Maximum Building Height - 12 metres
(i) Maximum Lot Coverage - 35 percent
(j) Minimum Landscaped Open Space - Not less than 45 percent of the
lot area shall be landscaped including privacy areas, and a minimum 4.5
metre landscaped strip shall be provided adjacent to any lot line abutting a
street (except for ingress and egress). Privacy areas, a mail box area, and
hydro transformer are permitted within the landscape strip.
Regulations for Parking
(a) Minimum Number of Parking Spaces - 82 parking spaces
(b)
One (1) parking space is permitted within the required front yard no
closer than 6 metres from the front property line.
(c)
No parking space shall be located closer than 1.5 metres to any lot line
or closer than 5 metres to any dwelling unit located on a lot other than
the said lot, except that one parking space is permitted to be located 0.0
metres from the westerly side lot line, and one parking space is
permitted to be located 0.0 metres from the northerly side lot line.
(d)
Where there is a grouping of three or more parking spaces, no parking
space shall be provided closer than 1.0 metre to any dwelling unit
located on the same lot.
By-law 06-108
RM3 - 30
170 Dewitt Road, Schedule "A", Map No. 7
Notwithstanding the provisions of Paragraphs (c), (d), (h), (i)1, and (m)1, 3
and 4 of Section 6.10.3 of the Multiple Residential "RM3" Zone, for those
lands zoned "RM3-30" by this By-law, the following shall apply to
PART 6
RESIDENTIAL ZONES
RES-198
townhouses only:
(c)
Minimum Front Yard
- 5.8 metres
(d)
Minimum Northerly Side Yard
- 5.5
metres, except for
4.2
metres for a flankage yard
(h)
Minimum Distance Between
Buildings on the Same Lot
-
13.5 metres, except 3 metres
between end walls and 9
metres between an end wall
and a rear wall
(i)
Maximum Number of Units Permitted
1. 56 units
(j)
Maximum Building Height
-
12.5 metres
(m) Minimum Landscaped Open Space
1. Not less than 37 percent of the lot area shall be landscaped including
privacy areas.
3. Not less than 1.5 metres of landscape strip, which may include a
retaining wall, shall be provided between any privacy area and any lot
line.
4. A landscape strip having a minimum width of 4 metres shall be
provided and thereafter maintained adjacent to every portion of any lot
line that abuts a street, except for points of ingress and egress, except
3 metres along the hypotenuse of the daylight triangle.
Notwithstanding the provisions of Paragraphs (a)1, (c), (d), and (e) of Section
6.10.5 of the Multiple Residential "RM3" Zone, for those lands zoned "RM3-
30" by this By-law, the following shall apply for townhouses only.
(a)
Minimum Number of Parking Spaces
1. Two (2) parking spaces for each townhouse dwelling unit and 0.46
parking spaces for visitor parking per dwelling unit to a maximum of
26 parking spaces. Tandem parking is permitted for required non-
visitor parking spaces.
(c)
Visitor parking may be provided in the required front yard.
(d)
Where the required minimum number of parking spaces is four or more,
PART 6
RESIDENTIAL ZONES
RES-199
no parking space shall be provided closer than 1.5 metres to any lot line or
closer than 5 metres to any dwelling unit located on a lot other than the
said lot, except that the provisions shall not apply to any parking space
located in a private garage, or underground garage.
(e)
Where there is a grouping of three or more parking spaces, no parking
space shall be provided closer than 2 metres to any dwelling unit located
on the same lot, except that the provisions of this clause shall not apply
to parking spaces located within an underground garage.
Notwithstanding the provisions of Paragraph (d) of Section 4.19.1 of General
Provisions, for those lands zoned "RM3-30" by this By-law, the following
shall apply for townhouses only.
(d)
Balconies, canopies, unenclosed porches and decks, including a cold
cellar underneath same, may project a maximum of 4 metres into any
required side yard.
RM3 - 31
RESERVED
RM3 - 32
RESERVED
By-law 09-199
RM3 - 33
390 Highland Road, Schedule "A", Map No. 16
Notwithstanding the Permitted Uses of Subsection 6.10.2 for the Multiple
Residential "RM3" Zone, those lands zoned "RM3-33" by this By-law, may
only be used for maisonettes, townhouses, and uses, buildings or structures
accessory thereto.
PART 6
RESIDENTIAL ZONES
RES-200
Notwithstanding the provisions of Paragraphs (b), (c), (d), (i) and (m) of
Subsection 6.10.3 of the Multiple Residential "RM3" Zone, on those lands
zoned "RM3-33" by this By-law, the following shall apply:
(b)
Minimum Lot Frontage
- 49 metres
(c)
Minimum Front Yard
- 4.5 metres
(d)
Minimum Side Yard (abutting a
- 5 metres
zone for a single detached dwelling)
(i)
Maximum Density
- 45 units per hectare
(m) 1. Minimum Landscaped Open
- 45 percent
Space
2. Minimum Landscape Strip
- 3.5 metres
abutting a Street
Notwithstanding the provisions of Paragraphs (a)1., and (e) of Subsection
6.10.5 of the Multiple Residential "RM3" Zone, on those lands zoned "RM3-
33" by this By-law, the following shall apply:
(a)
Minimum Number of Parking Spaces
1.
2 parking spaces and 0.35 visitor parking spaces for each
maisonette and townhouse dwelling unit.
(e)
Where there is a grouping of three or more parking spaces, no parking
space shall be provided closer than 1.5 metres to the front face of any
dwelling unit or 2.0 metres to the side of any dwelling unit located on
the same lot.
RM3 - 34 RESERVED
By-law 08-293
RM3 - 35
Highbury Drive, Schedule "A", Map No. 16
Notwithstanding the provisions of paragraphs (b), (c), (f), (j), (m) of
Subsection 6.10.3 and paragraph (e) of Subsection 6.10.5 of the Multiple
Residential "RM3" Zone, on those lands zoned "RM3-35" by this By-law, the
following shall apply:
(a) Minimum Lot Frontage - 40 metres
PART 6
RESIDENTIAL ZONES
RES-201
(b) Minimum Front Yard: - 4.5 metres to the dwelling,
6.0 metres to the attached garage
(c)
Minimum Side Yard
- 3.0 metres
(d)
Minimum Rear Yard abutting Single
- 6 metres
Detached Dwellings or a Street
(e)
Minimum Distance between
- 12 metres and 3 metres
Buildings on the Same Lot
between end walls
(f)
Minimum Landscape Open Space
-
37% of Lot Area
(g)
Location of More than 3 Parking
Spaces
RM3 - 36
RESERVED
-
Minimum 2 metres from a
dwelling unit.
By-law 10-324 (OMB) RM3 - 37
Mud Street, Schedule "A", Map No. 16
Notwithstanding the provisions of Paragraphs (c), (d), (f), (h), (j), (k) and (m) of
Subsection 6.10.3 of the Multiple Residential "RM3" Zone, on those lands
zoned "RM3-37" by this By-law, the following shall apply:
(c)
Minimum Front Yard abutting a
Street
-
4.5 metres to a dwelling unit,
6.0 metres to an
attached
garage.
(d)
Minimum Side Yard for
Maisonettes, Townhouses, and
Dwelling Groups
-
1.2 metres where the side of an
end unit abuts a lot line, and 2.4
metres where the side of an end
unit abuts a street.
(f)
Minimum Rear Yard for
Maisonettes, Townhouses, and
Dwelling Groups
-
6.0 metres
(h)
Minimum Distance between
Buildings on the Same Lot
-
12 metres except 2.4 metres
between end walls, and 7.2
metres between an end wall and
a rear wall.
PART 6
RESIDENTIAL ZONES
RES-202
(j)
Maximum Building Height
-
11 metres, except 16 metres for
apartment dwellings
(k)
Maximum Lot Coverage
-
40 percent
(m) Minimum Landscaped Open Space
1.
Not less than 30% of the lot area for maisonettes, townhouses, and
dwelling groups shall be landscaped, including privacy areas
2.
Not less than 25% of the lot area for apartments shall be landscaped,
with at least 25% of the required area being located in a yard other
than the front yard and having a minimum width of 6 metres
3.
Not less than 1.2 metres of landscaped strip shall be provided
between any privacy area and any lot line.
4.
A landscaped strip having a minimum width of 2.4 metres shall be
provided and thereafter maintained adjacent to every portion of any lot
line that abuts a street, except for points of ingress and egress.
5.
Notwithstanding 1-4, a minimum 10 metre wide fenced, naturalized
buffer area shall be provided adjacent to the lands zoned
Neighbourhood Development "ND-5" Zone. The fence shall be
erected between the development and the buffer area.
Notwithstanding the provisions of Subsection 6.10.4 of the Multiple Residential
"RM3" Zone, on those lands zoned "RM3-37" by this By-law, Street Townhouses
shall be permitted in accordance with the Multiple Residential "RM2-19" Zone
regulations contained in this By-law.
Notwithstanding the provisions of Paragraphs (a), (b), (d), and (e) of Subsection
6.10.5 of the Multiple Residential "RM3" Zone, on those lands zoned "RM3-
37" by this By-law, the following shall apply:
(a)
A minimum of 0.3 visitor parking spaces per dwelling unit shall be
required. All other requirements of 6.10.5(a) shall be maintained.
(b)
No common parking space shall be located closer than 2.4 metres from a
PART 6
RESIDENTIAL ZONES
RES-203
zone for single detached, semi-detached, or duplex dwellings.
(d)
Where the required minimum number of parking spaces is four or more,
no parking space shall be provided closer than 2.4 metres to any lot line,
or closer than 5 metres to any dwelling unit located on a lot other than the
said lot, except that the provision of this clause shall not apply to any
parking space located within a private garage, or underground garage.
(e)
Where there is a grouping of three or more parking spaces, no parking
space shall be provided closer than 2.4 metres to any dwelling unit located
on the same lot, except that the provisions of this clause shall not apply to
any parking space located within an underground garage.
Notwithstanding the provisions of Subsection 4.13 of the "Special Setbacks"
Section, on those lands zoned "RM3-37" by this By-law, any corner lot requires
a minimum yard of 2.4 metres from the hypotenuse of the daylight triangle.
In addition to the provisions of Subsection 6.10.3 of the Multiple Residential
"RM3" Zone, on those lands zoned "RM3-37" by this By-law, the following shall
also apply:
(a)
A private condominium road shall be considered a street for the purposes
of the minimum front yard and side yard requirements.
(b)
Townhouse dwellings fronting on a private condominium road shall be
considered a block townhouse development.
(c) For the purpose of the regulations contained within Sections 6.10 and
4.19, and within this By-law, the boundary of any block zoned "RM3-37"
in an approved plan of subdivision shall be deemed to be the lot lines for
this purpose and the regulations of the "RM3" Zone, including, but not
limited to, lot frontage, lot area, lot coverage, density, separation
distances, height, landscaping, amenity areas and parking, and not the
individual property boundaries.
(d)
For the purposes of the regulations contained within the By-law, front,
side, and rear yard requirements shall apply to the individual property
PART 6
RESIDENTIAL ZONES
RES-204
boundaries.
By-law 10-327 (OMB) RM3 - 38 (T) 22 Green Mountain Road West, Schedule "A", Map No. 11
By-law 13-294 (T)
By-law 15-218
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (f), (i), (j), (k)
and (m) of Subsection 6.10.3 of the Multiple Residential "RM3" Zone, on those
lands zoned "RM3-38(H)" by this By-law, the following shall apply for
maisonettes:
(a)
Minimum Lot Area
-
89 square metres, except 95
square metres for an end lot,
and 100 square metres for a
corner lot
(b)
Minimum Lot Frontage
-
5.6 metres per dwelling unit,
except 8.0 metres for a corner
unit
(c)
Minimum Front Yard
-
4.5 metres to the dwelling,
except 6.0 metres to the garage
(d)
Minimum Side Yard
-
1.2 metres, except:
On a corner lot the minimum side yard abutting the flankage street shall
be 2.4 metres, except that an attached garage which fronts on the flankage
street shall not be located within 6.0 metres of the flankage street line.
(f)
Minimum Rear Yard
-
6.0 metres, except 7.0 metres
abutting a zone for single, semi-
detached or duplex dwellings,
or a street
(i)
Maximum Density
-
N/A
(j)
Maximum Building Height
-
12.5 metres
(k)
Maximum Lot Coverage
-
N/A
PART 6
RESIDENTIAL ZONES
RES-205
(m) Minimum Landscaped Open Space -
Not less than a 1.5 metre
landscaped
strip
shall
be
provided along Green Mountain
Road and Upper Centennial
Parkway.
Notwithstanding provision b) of Section 4.10.3 "Dimensions of Parking
Spaces", on those lands zoned "RM3-38(H)" by this By-law, the following shall
apply:
The parking space size located within a garage shall have a minimum width
of 2.75 metres and have a minimum length of 6.0 metres. Stairs shall be
permitted to encroach 0.5 metres into the length of this parking space.
In addition to the provisions of Section 6.10 of the Multiple Residential "RM3"
Zone, on those lands zoned "RM3-38(H)" by this By-law, the following uses
shall also be permitted:
Street townhouses, townhouses and condominiums on a common element
condominium road or a municipal road shall be permitted in accordance
with the regulations of the "RM2-20" Zone.
In addition to the regulations of Subsection 4.19 "Yard Encroachments", the
following encroachments shall be permitted for all uses permitted:
(a)
Covered porches may project into any required front yard a distance of
not more than 3.0 metres and 1.6 metres for a flankage yard;
(b)
Bay windows either with or without foundations may project into any
required front, rear, or flankage yards a distance of not more than 0.9 metres;
and,
(c) Stairs may project into any required front yard a distance of not more than
4.5 metres and a flankage yard of not more than 2.4 metres.
Notwithstanding Section 4.13.1 "Special Setbacks - Daylight Triangle" the
following shall apply:
Any lot located at the intersection of two or more roads will require a
PART 6
RESIDENTIAL ZONES
RES-206
minimum yard to the hypotenuse of the daylight triangle of 0.5 metres for
a building or porch, including porch foundation walls; and, 0.0 metres for
eaves or gutters.
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands
identified as Block 1 on Schedule "A" and zoned "RM3-38(H)" by this By-law,
the Holding "H" Zone may be removed by City Council and thereby give effect
to the "RM3-38" Zone provisions by enactment of an amending By-law upon
completion of the following:
(a)
That all residential lands within 160 metres of the working licensed limits
of an active quarry or the limits of a former quarry under rehabilitation
shall not be developed until such time as the completion of mining and the
completion of rehabilitation on the quarry lands immediately adjacent to the
residential holding zone have been finalized to the City's satisfaction.
(b)
The applicant submit a revised Radio Frequency Emission study that
addresses the concerns, regarding the identification of the location of
antennae, set out in the peer review, by Francois Gauthier (Spectrum Expert
Inc. dated September 16, 2010) of various radio frequency emission
studies and measurements undertaken by the applicant and others; and,
(c)
That Industry Canada complete its measurements of radio frequency
electromagnetic fields in the vicinity of the applicant's lands and advise that
there are not Safety Code 6 issues resulting from the applicant's proposed
development and the implementation of the any
recommendations by Industry Canada which are applicable to the applicant.
Notwithstanding the provisions of the Multiple Residential (Holding) "RM3-
38(H)" Zone, the temporary use for two single detached model homes, in
accordance with Section 39 of the Planninq Act, shall also be permitted without a
Holding (H) removal on these lands, for a period not exceeding three years from
the day of the passing of this By-law, being the 27th day of November, 2013.
By-law 09-199
RM3 - 39
390 Highland Road, Schedule "A", Map No. 15
PART 6
RESIDENTIAL ZONES
RES-207
Notwithstanding the Permitted Uses of Subsection 6.10.2 for the Multiple
Residential "RM3" Zone, those lands zoned "RM3-39" by this By-law, may only
be used for maisonettes, townhouses, and uses, buildings or structures accessory
thereto.
Notwithstanding the provisions of Paragraphs (b), (d), (f), (i) and (m) of
Subsection 6.10.3 of the Multiple Residential "RM3" Zone, on those lands zoned
"RM3-39" by this By-law, the following shall apply:
(b) Minimum Lot Frontage
- 13.5 metres
(d) Minimum Side Yard
(abutting a zone for a single
detached dwelling )
- 3.5 metres
Minimum Side Yard
(abutting an Open Space Zone)
-
4.5 metres
(f) Minimum Rear Yard
(abutting a zone for a single
detached dwelling)
-
6 metres
(i) Maximum Density - 45 units per hectare
(m) Minimum Landscaped Open Space - 45 percent
Notwithstanding the provisions of Paragraphs (a)1., (d) and (e) of Subsection
6.10.5 of the Multiple Residential "RM3" Zone, on those lands zoned "RM3-
39" by this By-law, the following shall apply:
(a) Minimum Number of Parking Spaces
1.
2 parking spaces and 0.4 visitor parking spaces for each maisonette
and townhouse dwelling unit.
(d) A parking space may be located 0.0 metres from an Open Space Zone.
(e)
Where there is a grouping of three or more parking spaces, no parking
space shall be provided closer than 1.5 metres to the front face of any
dwelling unit or 2.0 metres to the side of any dwelling unit located on
the same lot.
Notwithstanding the provisions of Paragraph (c) of Subsection 6.1.8 of the
PART 6
RESIDENTIAL ZONES
RES-208
Multiple Residential "RM3" Zone, on those lands zoned "RM3-39" by this By-
law, the following shall apply:
(c)
Where the required minimum number of parking spaces is four or more,
a parking space may be located 0.0 metres from the lot line abutting an
Open Space Zone.
By-law 10-027
RM3-40
311, 321, 331, 341, 351, 361, 371 Frances Avenue, Schedule
"A", Map No. 1
That in addition to the requirements of Part 2 of Zoning By-law No. 3692-92
the following definition shall apply to those lands Zoned "RM3-40" of this By-
law:
Dwelling - Stacked Townhouses
Means a Street Townhouse Dwelling containing a maximum of three dwelling
units on one lot, where each unit shall have a separate entrance from the street.
Notwithstanding the provisions of Subsection 6.10.2 of the Multiple Residential
"RM3" Zone, Stacked Townhouses shall also be permitted on those lands
zoned "RM3-40" by this By-law.
Notwithstanding Subsection 6.10.4 Regulations for Street Townhouses and
the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) of
Subsection 6.9.3 of the Multiple Residential "RM3" Zone, on those lands zoned
"RM3-40" by this By-law, the following shall apply:
(a) Minimum Lot Area:
(i)
Street Townhouses
- 108 square metres
(ii)
Stacked Townhouses
- 225 square metres
(b)
Minimum Lot Frontage:
(i)
Street Townhouses
- 5.5 metres, except 4.5 metres
where there is no vehicular
access in the front yard
(ii)
Stacked Townhouses
- 9 metres
(c)
Maximum Front Yard:
(i)
Street Townhouses
- 4.5 metres, except a minimum of
PART 6
RESIDENTIAL ZONES
RES-209
5.8 metres to a garage
(ii)
Stacked Townhouses
- 4.5 metres, except a minimum of
5.8 metres to a garage
(d)
Minimum Side Yard:
(i)
Street Townhouses
End Unit
- 1.2 metres
Corner Lot
- Maximum of 4.5 metres
(ii)
Stacked Townhouses
End Unit
- 1.2 metres
Corner Lot
- Maximum of 4.5 metres
(e)
Maximum Rear Yard:
(i)
Street Townhouses
- 7.0 metres, except a minimum of
5.8 metres to a detached garage
(ii)
Stacked Townhouses
- 0.6 metres to a detached
garage, except a rear deck may
encroach into a rear private
road/condominium road
(f) Privacy Area:
(i)
Street Townhouses
-
None
(ii)
Stacked Townhouses
-
None
(g) Minimum Landscape Open Space:
A minimum 1,080 square metre private parkette is to be constructed on
those lands zoned "RM3-40".
(h) Maximum Building Height:
(i)
Street Townhouses
-
None
(ii)
Stacked Townhouses
-
None
(i) Maximum Lot Coverage:
(i)
Street Townhouses
-
None
(ii)
Stacked Townhouses
-
None
(j) Minimum Density: - 188 units
Notwithstanding the definition of "Highway" in Section 2 "Definitions" of
Zoning By-law No. 3692-92, on those lands zoned "RM3-40" by this By-law,
a private road/condominium road shall be considered to be a street.
By-law 10-027
RM3-41
311 Frances Avenue, Schedule "A", Map No. 1
Notwithstanding the provisions of Paragraphs (a), (b), (c), (e), (g), (i), (j), (k),
(l) and (m) of Subsection 6.10.3 of the Multiple Residential "RM3" Zone, on
PART 6
RESIDENTIAL ZONES
RES-210
those lands zoned "RM3-41" by this By-law, the following shall apply:
(a)
Minimum Lot Area for Apartment Dwellings
- 810 sq.m.
(b)
Minimum Lot Frontage for Apartment Dwellings
- 30 metres
(c)
Minimum Front Yard for Apartment Dwellings
- 4.5 metres
(e)
Minimum Side Yard for Apartment Dwellings
- 4.5 metres
(g)
Minimum Rear Yard for Apartment Dwellings
- 4.5 metres
(i)
Minimum Density
- 22 units
(j)
Maximum Building Height for Apartment Dwellings
- None
(k)
Maximum Lot Coverage for Apartment Dwellings
- None
(l)
Privacy Area for Apartment Dwellings
- None
(m) Minimum Landscape Open Space for Apartment Dwellings:
1.
A landscape strip, having a minimum width of 4.5 metres, shall
be provided and thereafter maintained adjacent to every portion of
any lot that abuts a street or private road/condominium road, except
for point of ingress and egress.
Notwithstanding the definition of "Highway" in Section 2 "Definitions" of
Zoning By-law No. 3692-92, on those lands zoned "RM3-41" by this By-law,
a private road/condominium road shall be considered to be a street.
By-law 11-091
RM3-42a & North Side of Mud Street, East of Felkers Creek,
RM3-42b
Schedule "A", Map No. 1
Repealed by
By-law 12-161
Notwithstanding the definitions in Part 2, uses of Subsection 6.10.2, and the
provisions of Subsection 6.10.3 and Subsection 6.10.5 of the Multiple
Residential "RM3" Zone, on those lands zoned "RM3-42a" and "RM3-42b"
by this By-law, the following shall apply:
1. DEFINITIONS
(a)
A Horizontal Multiple Dwelling is defined as a building, other
than a townhouse dwelling, or apartment dwelling containing more
than three (3) attached dwelling units that are divided horizontally
and/or vertically, each with an entrance that is independent or
through a common vestibule.
2. PERMITTED USES
(a)
Horizontal Multiple Dwellings.
(b)
Use, buildings, and structures accessory to the uses described in
the above Subsection (a)
PART 6
RESIDENTIAL ZONES
RES-211
3. GENERAL PROVISIONS PERTAINING TO ALL DEVELOPMENT
(a)
Maximum Number of Dwelling Units
152 units on lands
identified as "RM3-
42a"
120 units on lands
identified as "RM3-
42b"
(b)
Minimum Lot Frontage
30 metres
(c)
Front Yard
2.0 metres minimum
4.5 metres maximum
(d)
Exterior Side Yard
2.0 metres minimum
4.5 metres maximum
(e)
Minimum Landscaped Area
25 percent
(f)
For the purposes of this special provision, where a lot zoned
"RM3-42" is also partially zoned (P5), as per Zoning By-law
No. 05-200, the lands zoned (P5) that comprise part of the lot
may be used for the calculation of Minimum Lot Area and
Minimum Rear Yard.
4.
REGULATIONS FOR RESIDENTIAL DWELLING UNITS
(a)
Maximum Height 4 storeys, up to a
maximum
of
12.5
metres
(b)
Maximum elevation to the peak of a roof
206.0 masl
(c)
Minimum distance between dwelling units:
(i)
Front wall to front wall
12.5 metres
(ii)
Side wall to side wall
3.0 metres
(iii) Side wall to front wall
12.5 metres
(d)
Notwithstanding Subsection 4.(c) above, the following
maximum encroachments beyond the front wall or side wall
shall be permitted:
(i)
Entrance porticos
1.0 metres
(ii)
Stairs to access porticos or porches
3.75 metres
(iii) Balconies
1.0 metres
PART 6
RESIDENTIAL ZONES
RES-212
(iv) Ground floor terraces, including
3.75 metres
access stairs
(v)
Bay windows
1.0 metres
(e)
Minimum privacy area per dwelling unit
12 square metres per
dwelling unit
(f)
Glazing on side walls facing a public
30% of the side wall
street or internal walkway
façade shall be
composed of
windows or doors
(g)
Parking shall be provided below grade on the same block as the
residential uses at the following rates:
(i)
One bedroom dwelling unit
1 space
(ii)
Two bedroom dwelling unit
1.3 spaces
(iii)
Three bedroom dwelling unit
1.4 spaces
(h)
Minimum number of visitor parking
0.25 spaces
spaces per dwelling unit
By-law 11-091
RM3-43
North Side of Mud Street, East of Felkers Creek,
Repealed by
Schedule "A", Map No. 10
By-law 12-161
Notwithstanding the uses of Subsection 6.10.2, Paragraphs (a), (b), (c), (d),
(f), (h), (i) and (j) of Subsection 6.10.3, and Paragraph (a) of Subsection
6.10.5 of the Multiple Residential "RM3" Zone, on those lands zoned "RM3-
43" by this By-law, the following shall apply:
1.
PERMITTED USES
(a)
Townhouses
2.
REGULATIONS
(a) Minimum Lot Area 2,000 square metres
(b) Minimum Lot Frontage 30 metres
(c) Minimum Front Yard 2.0 metres
(d) Minimum Flankage Yard 2.0 metres
(f) Minimum Rear Yard 0.0 metres
(i) Maximum Number of Dwelling Units 9
(h) Minimum Distance Between Dwellings:
PART 6
RESIDENTIAL ZONES
RES-213
(i)
Front wall to front wall
12.0 metres
(ii)
Side wall to side wall
3.0 metres
(iii) Side wall to rear wall
9.0 metres
(j)
Maximum Building Height 12.4 metres and the
elevation of the peak
of the roof shall be a
maximum of 201.0
masl.
(n)
Parking Requirements
2 parking spaces per
unit, including tandem
spac
PART 6
RESIDENTIAL ZONES
RES-214
By-law 12-253
RM3-44
455 Jones Road, Schedule "A", Map No. 2
Notwithstanding the definition of "Dwelling Group" in Part 2, Definitions, of
Zoning By-law No. 3692-92, on those lands zoned "RM3-44" by this By-law, a
"Dwelling Group" is permitted to consist of a maximum of 6 single detached
dwellings.
Notwithstanding the provisions of Sub-section 6.10.2 "Permitted Uses For Each
Lot", Paragraphs (a), (b), (c), (d), (f), (h), (j), and Sub-section 1., 3., and 4. of
Paragraph (m) of Section 6.10.3 "Zone Regulations", of Zoning By-law No.
3692-92, on those lands zoned "RM3-44" by this By-law, only a "Dwelling
Group" consisting of a maximum of 6 single detached dwellings shall be
permitted subject to the following:
(a) Minimum Lot Area
2,600 square metres.
(b) Minimum Lot Frontage
34 metres.
(c) Minimum Front Yard
6.0 metres.
(d) Minimum Side Yard for
Dwelling Groups
6.0 metres.
(f) Minimum Rear Yard for
Dwelling Groups
5.0 metres.
(h) Minimum Distance Between
Buildings on the Same Lot
1.5 metres.
(j) Maximum Building Height
9.2 metres.
(m) Minimum Landscaped Open Space:
1. Not less than 43% of the lot area for dwelling groups shall be
landscaped, including privacy areas.
3. A landscaped strip shall not be required between a privacy area and the
southerly side lot line.
4. A landscaped strip having a minimum width of 4.0 metres shall be
provided and thereafter maintained adjacent to the front lot line, except
PART 6
RESIDENTIAL ZONES
RES-215
for points of ingress and egress, and no landscaped strip shall be
required along the southerly side lot line.
Notwithstanding the provisions of Sub-section 1. of Paragraph (a), Paragraphs
(b) and (d) of Section 6.10.5 "Regulations For Parking", of Zoning By-law No.
3692-92, on those lands zoned "RM3-44" by this By-law, the following shall
apply:
(a) Minimum Number of Parking Spaces
1. 2 parking spaces and 0.8 visitor parking spaces for each dwelling unit.
Tandem parking is permitted for non-visitor parking spaces.
(b) No common parking space shall be located closer than 3 metres from a zone
for single detached, semi-detached, or duplex dwellings, except that
common parking spaces are permitted to be located a minimum of 1 metre
from the northerly side lot line.
(d) Where the required minimum number of parking spaces is four or more, no
parking space shall be provided closer than 3 metres to any lot line, except
that common parking spaces are permitted to be located a minimum of 1
metre from the northerly side lot line.
Notwithstanding the provisions of Paragraph (d) of Section 4.19.1 "YARD
ENCROACHMENTS - General Application", of Zoning By-law No. 3692-92,
on those lands zoned "RM3-44" by this By-law, the following shall apply:
(d) Balconies, canopies, unenclosed porches and decks, including a cold cellar
underneath same, may project into any required front yard 2.0 metres. The
remainder of the provisions of Sub-section 4.19.1 (d) shall apply.
(e) No windows shall be permitted on the westerly most end elevation of the
westerly most building above the 1st storey level.
By-law 12-161
RM3-45
220 Mud Street West, Schedule "A", Map No. 10
Notwithstanding the provisions of Paragraphs (a) to (m), inclusive, of Sub-
section 6.10.3; (a) to (e) of the Multiple Residential "RM3" Zone, and/or any
other applicable provision within By-law No. 3692-92 (Stoney Creek), on those
lands zoned "RM3-45" by this By-law, the following shall apply:
(a) Minimum Lot Area:
105 square metres for an individual
townhouse unit and 80 square metres
for a maisonette unit.
PART 6
RESIDENTIAL ZONES
RES-216
(b) Minimum Lot Frontage:
4.45 metres for an individual
townhouse or maisonette unit.
(c) Minimum Front Yard:
3.5 metres to the dwelling and 5.75
metres to an attached garage.
(d) Minimum Side Yard:
1.2 metres, except 2.4 metres for a
corner unit.
(e) Minimum Rear Yard:
6.0 metres only for a townhouse unit.
No buildings or structures, including a
fence, shall be permitted within 5.0
metres from the toe-of-slope.
(f) Minimum Distance Between
Buildings on the Same Lot/Block:
12 metres between front walls.
2.4 metres between end walls of a
block of townhouses and/or block of
maisonette units. 12 metres between
rear walls of a block of townhouses
and/or block of maisonette units.
7.0 metres between end walls and rear
walls of a block of townhouses and/or
block of maisonette units.
Separation distances shall not be
applied to individual townhouse
and/or maisonette units and/or their
future property boundaries created by
way of an application to remove part
lot control and/or established by a
condominium corporation.
(g) Maximum Density:
65 units per hectare exclusive of lands
designated as Open Space.
(h) Maximum Building Height:
6 storeys.
(i) Maximum Lot Coverage:
N/A.
PART 6
RESIDENTIAL ZONES
RES-217
(j) Privacy Area per Unit:
Shall have a minimum depth of 3.5
metres for a townhouse unit, and shall
not apply for maisonettes.
(k) Minimum Landscaped Open Space: 20 per cent and shall be landscaped,
including privacy areas for townhouse
units, and shall not apply for
maisonette units.
(l) A maximum of 9 individual townh0use units shall be permitted within one
townhouse block.
(m) A private condominium road shall be considered a public street.
(n) Minimum parking space sizes shall be 2.6 metres x 5.75 metres and 4.4
metres x 5.75 metres for barrier free parking spaces.
(o) Stairs may encroach 3.4 metres into the required front yard of an individual
unit as permitted.
Notwithstanding Sub-section 6.10.5 "Regulation for Parking" (d) and (e), permit
visitor parking space to be located closer than 2.75 metres from a dwelling unit
on the same lot. Future property and/or unit boundaries created through a
Condominium Act or a Planning Act application shall not be subject to this
modified zoning requirement.
Notwithstanding Sub-section 4.13.1 "Daylight Triangles" of Section 4.13
"Special Setbacks", permit a minimum yard of 1.0m from the hypotenuse of a
daylight triangle.
By-law 12-161
RM3-46
220 Mud Street West, Schedule "A", Map No. 10
In addition to the provisions of the "RM3-45" Zone, the following shall also
apply:
(h) Maximum Building Height:
3-storeys.
By-law 13-130
RM3-47 339 & 347 Fifty Road and 1317 & 1329 Barton Street, Schedule
(OMB Approval)
"A", Map No. 9
Notwithstanding the provisions of Section 4.10.3 "Dimensions of Parking Spaces"
and Section 4.10.4 "Requirement for Parking Designated for Vehicles of Physically
Challenged" of Zoning By-law No. 3692-92, on those lands zoned "RM3-47" by this
By-law, the following shall apply:
PART 6
RESIDENTIAL ZONES
RES-218
Dimensions of Parking Spaces
Parking shall have minimum rectangular dimensions of 2.6 metres by 5.5 metres
exclusive of any lands used for access, manoeuvring, driveways, or a similar purpose.
Requirement for Parking Designated for Vehicles of Physically Challenged
Parking for the physically challenged shall have minimum rectangular dimensions
of 4.4 metres by 5.5 metres exclusive of any lands used for access, manoeuvring,
driveways, or a similar purpose.
The following regulations apply to the "RM3-47" Zone, should the development
proceed as a Standard Condominium:
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (f), and (h), (m 1.),
and (m 4.), of Section 6.10.3 of Zoning By-law No. 3692-92, on those lands zoned
"RM3-47" by this By-law, the following shall apply:
(a)
Minimum Lot Area:
2500 sq. m.
(b)
Minimum Lot Frontage:
30.0m.
(c)
Minimum Front Yard:
3.0m.
(d)
Minimum Side Yard:
7.0m.
(f)
Minimum Rear Yard:
2.0m.
(h)
Minimum Distance Between
2.0m between end walls and
Buildings on the Same Lot:
9m between an end wall and a rear
wall.
(m)
Minimum Landscaped Open Space:
Not less than 40% of the lot area
shall be landscaped including
privacy areas.
A landscaped strip having a
minimum width of 2.0m shall be
provided and maintained adjacent to
every portion of any lot that abuts a
street except for points of ingress
and egress.
PART 6
RESIDENTIAL ZONES
RES-219
The following regulations apply to the "RM3-47" Zone, should the development
proceed as Freehold Street Townhouse Units tied to a Common Element
Condominium road:
For the purposes of this By-law, a common element condominium road shall be
deemed to be a street.
Notwithstanding the provisions of Paragraphs (a), (b), (d), (e), and (i) of Section 6.9.3
of Zoning By-law No. 3692-92, on those lands zoned "RM3-47" by this By-law, the
following shall apply:
(a)
Minimum Lot Area:
Interior Unit: 150 sq. m.
End Unit: 175 sq m.
Corner Unit: 200 sq. m.
(b)
Minimum Lot Frontage:
End Unit: 7.0m.
Corner Unit: 8.0m.
(d)
Minimum Side Yard:
End Unit: 1.2m.
Corner Unit: 2.0m.
(e)
Minimum Rear Yard:
6.0m.
(i)
Maximum Lot Coverage:
N/A.
Notwithstanding the provisions of Section 6.9.4 "Regulations for Parking" of Zoning
By-law 3692-92, on those lands zoned "RM3-47" by this By-law, the following
additional requirement shall apply:
(c)
That a minimum of 0.5 visitor parking spaces per unit shall be provided and
maintained.
By-law 13-130
RM3-48 339 & 347 Fifty Road and 1317 & 1329 Barton Street, Schedule
(OMB Approval)
By-law 18-077
(H REMOVAL)
"A", Map No. 9
Notwithstanding the uses permitted in Section 6.10.2 of the Multiple Residential
"RM3" Zone, Apartment Dwellings shall not be permitted on those lands zoned
"RM3-48".
Notwithstanding the provisions of Section 4.10.3 "Dimensions of Parking Spaces"
and Section 4.10.4 "Requirement for Parking Designated for Vehicles of Physically
Challenged" of Zoning By-law No. 3692-92, on those lands zoned "RM3-48" by this
By-law, the following shall apply:
PART 6
RESIDENTIAL ZONES
RES-220
Dimensions of Parking Spaces
Parking shall have minimum rectangular dimensions of 2.6 metres by 5.5 metres
exclusive of any lands used for access, manoeuvring, driveways, or a similar purpose.
Requirement for Parking Designated for Vehicles of Physically Challenged
Parking for the physically challenged shall have minimum rectangular dimensions
of 4.4 metres by 5.5 metres exclusive of any lands used for access, manoeuvring,
driveways, or a similar purpose.
The following regulations apply to the "RM3-48" Zone, should the development
proceed as a Standard Condominium:
Notwithstanding the provisions of Paragraphs (c), (d), (f), (h), (i. 1) and (m 1.), of
Section 6.10.3 of Zoning By-law No. 3692-92, on those lands zoned "RM3-48" by
this By-law, the following shall apply:
(c)
Minimum Front Yard:
5.0m.
(d)
Minimum Side Yard:
4.0m, except for 5.0m for a flankage
yard, 7.5m abutting a zone for
single detached, semi-detached, or
duplex dwellings, and 3.0m where
an end unit abuts a lot line of a
street townhouse.
(h)
Minimum Distance Between
12 metres, except 2.0m between end
Buildings on the Same Lot:
walls and 9m between an end wall
and a rear wall.
(i)
Maximum Density:
41 units per hectare
(m)
Minimum Landscaped Open Space:
Not less than 35% of the lot area
shall be landscaped including
privacy areas.
The following regulations apply to the "RM3-48" Zone, should the development
proceed as Freehold Street Townhouse Units tied to a Common Element
Condominium road:
For the purposes of this By-law, a common element condominium road shall be
PART 6
RESIDENTIAL ZONES
RES-221
deemed to be a street.
Notwithstanding the provisions of Paragraphs (a), (b), (d), (e), and (i) of Section 6.9.3
of Zoning By-law No. 3692-92, on those lands zoned "RM3-48" by this By-law, the
following shall apply:
(a)
Minimum Lot Area:
Interior Unit: 150 sq. m.
End Unit: 175 sq m.
Corner Unit: 200 sq. m.
(b)
Minimum Lot Frontage:
End Unit: 7.0m.
Corner Unit: 8.0m.
(d)
Minimum Side Yard:
End Unit: 1.2m.
Corner Unit: 2.0m.
(e)
Minimum Rear Yard:
6.0m.
(i)
Maximum Lot Coverage:
N/A.
Notwithstanding the provisions of Section 6.9.4 "Regulations for Parking" of Zoning
By-law 3692-92, on those lands zoned "RM3-48" by this By-law, the following
additional requirement shall apply:
(c)
That a minimum of 0.5 visitor parking spaces per unit shall be provided and
maintained.
By-law 13-130
RM3-49 339 & 347 Fifty Road and 1317 & 1329 Barton Street, Schedule
(OMB Approval)
"A", Map No. 9
Notwithstanding the provisions of Section 4.10.3 "Dimensions of Parking Spaces"
and Section 4.10.4 "Requirement for Parking Designated for Vehicles of Physically
Challenged" of Zoning By-law No. 3692-92, on those lands zoned "RM3-49" by this
By-law, the following shall apply:
Dimensions of Parking Spaces
Parking shall have minimum rectangular dimensions of 2.6 metres by 5.5 metres
exclusive of any lands used for access, manoeuvring, driveways, or a similar purpose.
Requirement for Parking Designated for Vehicles of Physically Challenged
PART 6
RESIDENTIAL ZONES
RES-222
Parking for the physically challenged shall have minimum rectangular dimensions
of 4.4 metres by 5.5 metres exclusive of any lands used for access, manoeuvring,
driveways, or a similar purpose.
Notwithstanding Section 4.13.3 or any other yard provision of this By-law, the
minimum setback from a railway right-of-way shall be 28m in conjunction with a
berm.
The following regulations apply to the "RM3-49" Zone, should the development
proceed as a Standard Condominium:
Notwithstanding the provisions of Part 2 of Zoning By-law 3692-92 for the definition
of Lot Line - Front, on those lands zoned "RM3-49" by this By-law, in the case of a
through lot, only the lot line along the future Street "C" shall be deemed to be the
front lot line. Therefore, Fifty Road shall be considered the rear lot line, and all other
lot lines shall be considered side lot lines.
Notwithstanding the provisions of Paragraphs (b), (d), (f), (h), and (m 1.), of Section
6.10.3 of Zoning By-law No. 3692-92, on those lands zoned "RM3-49" by this By-
law, the following shall apply:
(b)
Minimum Lot Frontage:
8.5m.
(d)
Minimum Side Yard:
3.0m.
(f)
Minimum Rear Yard:
6.0m.
(h)
Minimum Distance Between
12 metres, except 2.0m between end
Buildings on the Same Lot:
walls and 9m between an end wall
and a rear wall.
(m)
Minimum Landscaped Open Space:
Not less than 35% of the lot area
shall be landscaped including
privacy areas.
The following regulations apply to the "RM3-49" Zone, should the development
proceed as Freehold Street Townhouse Units tied to a Common Element
Condominium road:
For the purposes of this By-law, a common element condominium road shall be
deemed to be a street.
Notwithstanding the provisions of Paragraphs (a), (b), (d), (e), and (i) of Section 6.9.3
of Zoning By-law No. 3692-92, on those lands zoned "RM3-49" by this By-law, the
PART 6
RESIDENTIAL ZONES
RES-223
following shall apply:
(a)
Minimum Lot Area:
Interior Unit: 150 sq. m.
End Unit: 175 sq m.
Corner Unit: 200 sq. m.
(b)
Minimum Lot Frontage:
End Unit: 7.0m.
Corner Unit: 8.0m.
(d)
Minimum Side Yard:
End Unit: 1.2m.
Corner Unit: 2.0m.
(e)
Minimum Rear Yard:
6.0m.
(i)
Maximum Lot Coverage:
N/A.
Notwithstanding the provisions of Section 6.9.4 "Regulations for Parking" of Zoning
By-law 3692-92, on those lands zoned "RM3-49" by this By-law, the following
additional requirement shall apply:
(c)
That a minimum of 0.5 visitor parking spaces per unit shall be provided and
maintained.
By-law 13-209
RM3-50
601 Upper Centennial Parkway, Schedule "A", Map No. 11
By-law 16-299
For the purposes of this By-law, "Height" shall be defined as: the average vertical
distance measured from metres-above-sea-level (masl) at the four corners of the
building to the highest point of the roof structure or the parapet, a common element
condominium road shall be deemed to be a street, and the lot boundary shall be
deemed to be the lot lines for the "RM3-50(H)" Zone, including but not limited to,
building setbacks.
Notwithstanding the "Permitted Uses For Each Lot" of Sub-section 6.10.2 of the
Multiple Residential "RM3" Zone, on those lands zoned "RM3-50(H)" by this By-
law, only the following shall be permitted:
(a)
Street Townhouses
(b)
Townhouses
(c)
Duplexes
(d)
Triplexes
(e)
A Home Occupation
(f)
Uses, buildings, or structures accessory to a permitted use
PART 6
RESIDENTIAL ZONES
RES-224
Notwithstanding the provisions of Sub-section 6.10.3, Paragraphs (f) and (j) of the
Multiple Residential "RM3" Zone, on those lands zoned "RM3-50(H)" by this By-
law, the following shall apply:
(f)
Minimum Rear Yard Setback
Along Upper Centennial Parkway:
12m in conjunction with a berm, and
6m without the berm.
(j) Maximum Building Height:
196 masl not to exceed 10m.
The (H) symbol may be removed by further amendment to this By-law at such
time as the following conditions have been satisfied:
(a)
That adequate roadway access is provided, and storm sewers (including
provisions for stormwater management quantity and quality control
measures), sanitary sewers, and water servicing are available to service the
subject lands, to the satisfaction of the Senior Director of Growth
Management, in consultation with the Hamilton Conservation Authority.
(b)
That the Owner agrees to register on title and include the following notice
to all purchasers in all agreements of purchase and sale, to the satisfaction
of the Director of Planning:
"Purchasers/Residents of this development are advised that the Newalta
Landfill Site operates a Ministry of Environment licensed industrial,
commercial, and institutional Landfill in the vicinity of the subject lands."
By-law 13-209
RM3-51
601 Upper Centennial Parkway, Schedule "A", Map No. 11
By-law 16-299
In addition to the provisions of the "RM3-50(H)" Zone, the following shall also
apply:
(j) Maximum Building Height: 194 masl not to exceed 8m.
By-law 13-247
RM3-52
98 Shoreview Place, Schedule "A", Map No. 1
For the purpose of this By-law, a Common Element Condominium road shall be
deemed to be a street, and that visitor parking for the dwelling units fronting the
common element condominium road are permitted within the common element
condominium road.
For the purposes of this By-law, the property line abutting Shoreview Place shall be
deemed to be a front lot line; all property lines abutting Millen Road shall be deemed
to be a flankage yard; the southerly property line abutting North Service Road shall
PART 6
RESIDENTIAL ZONES
RES-225
be deemed to be a rear yard; and the westerly property line shall be deemed to be a
side yard.
For the purpose of the regulations contained in Sections 2, 4, and 6 of Stoney Creek
Zoning By-law No. 3692-92, as amended by this By-law, the boundary of 98
Shoreview Place (Block 16, Plan M-101 - "South Shore Estates") shall be deemed
to be the lot lines for this purpose, and the regulations of the "RM3-52" Zone,
including, but not limited to, lot area, lot frontage, building setbacks, separation
distances, maximum density, lot coverage, landscaped areas, parking requirements,
and accessory buildings, etc., shall be from the boundaries of Block 16, and not from
individual property boundaries of dwelling units created by registration of a
condominium plan or created by Part Lot Control.
Notwithstanding the provisions of Paragraphs (c), (d), (f), (h), and (m) of Section
6.10.3, "Zone Regulations", on those lands zoned "RM3-52" by this By-law, the
following shall apply:
(c)
Minimum Front Yard
6m.
(d)
Minimum Side Yard for
3m.
Maisonettes, Townhouses, and
Dwelling Groups
(f)
Minimum Rear Yard for
14m.
Maisonettes, Townhouses,
and Dwelling Groups
(h)
Minimum Distance Between
12m, except 3m between end Buildings
on the Same Lot
walls and 9m between an end wall
and a rear wall.
(m)
Minimum Landscaped Open Space
1.
Not less than 45 percent of the lot
area for maisonettes, townhouses,
and
dwelling groups
shall be
landscaped, including privacy areas.
3.
Sub-section 6.10.3 (m) 3. shall apply,
except that at the intersection of two or
more roads, a 1.5m landscaped strip is
not required adjacent to the hypotenuse
of the daylight triangle.
PART 6
RESIDENTIAL ZONES
RES-226
Notwithstanding the provisions of Paragraph (c) of Section 6.10.5, "Regulations for
Parking", on those lands zoned "RM3-52" by this By-law, the following shall apply:
(c)
For maisonettes or townhouses, only one of the required parking spaces per
unit may be provided in the required front yard, except that visitor parking
shall also be permitted in the required front yard.
By-law 14-117
RM3-53
257, 259 and 261 Millen Road, Schedule "A", Map No. 6
By-law 15-115
(OMB approval)
Notwithstanding the provisions of Sub-Section 6.10.2, of the Multiple
Residential "RM3" Zone, on those lands zoned "RM3-53" by this By-law, the
following permitted uses shall apply:
(a)
one apartment building, containing a maximum of 40 units
Notwithstanding the provisions of Sub-Section 6.10.3, Paragraphs (a), (c), (e),
(g), (i), (m) 3., & 4., of the Multiple Residential "RM3" Zone, on those lands
zoned "RM3-53" by this By-law, the following shall apply:
(a)
Minimum Lot Area
3,800 square metres
(c)
Minimum Front Yard
5.8 m to the building
(e)
Minimum Side Yard for Apartment Buildings:
Northerly Side Yard 15.0 m to the building
Southerly Side Yard 15.0 m to the building
(g)
Minimum Rear Yard for Apartment Buildings 16.0 m to the building
(i)
Maximum Density
104 units per ha.
(m)
Minimum Landscaped Open Space
3.
A landscaped strip having a minimum width of 1.5 m, which
shall include a minimum 2 metre high fence with trees beside
the fence, shall be provided along the north and south property
lines.
A landscaped strip having a minimum width of 3.0 m, which
shall include a minimum 2 metre high fence with trees beside
the fence, shall be provided along the west property line.
4.
A landscape strip having a minimum width of 3.0 m shall be
provided and thereafter maintained adjacent to every portion of
any lot that abuts a street except for points of ingress and egress.
PART 6
RESIDENTIAL ZONES
RES-227
Notwithstanding the provisions of Sub-Section 6.10.5, Paragraphs (a)(2.), (b),
(d), and (e) of the Multiple Residential "RM3" Zone, on those lands zoned
"RM3-53" by this By-law, the following shall apply:
(a)
Minimum Number of Parking Spaces:
2.
1.0 parking space and 0.35 visitor parking spaces for each one
bedroom dwelling unit.
(b)
No common parking space shall be located closer than 1.5 metres from a
Zone for single detached, semi-detached, or duplex dwellings.
(d)
Where the required minimum number of parking spaces is four or more,
no parking space shall be provided closer than 1.5 m to the northerly and
southerly lot line, and 3.0 m to the westerly lot line.
(e)
Where there is a grouping of three or more parking spaces, no parking
space shall be provided closer than 1.5 m to the building on the same lot.
Nothwithstanding the Parking Regulations in Section 4.10.3 (a), Dimensions of
Parking Spaces, no parking space shall be less than 2.6 m in width x 5.5 m in
length, unless otherwise provided for in this By-law.
Nothwithstanding the Parking Regulations in Section 4.10.4 (a), Requirement for
Parking Designated for Vehicles of Physically Challenged, no parking space
shall be less than 4.4 m in width x 5.5 m in length.
Notwithstanding the Loading Regulations in Section 4.9.2, Schedule of Required
Loading Spaces, no loading space shall be required.
By-law 16-039
"RM3-55" 101 Shoreview Place, Schedule "A" Map No. 1
Notwithstanding the definitions in Part 2 of Zoning By-law 3692-92, on those lands
zoned Multiple Residential "RM3-55", the following shall apply:
(a)
Landscaped Open Space means any uncovered area of land including lawn
and ornamental shrubs located in any yard, or in any inner or outer court,
and includes paths, patios, play areas, decks, walkways, exit stairs, and air
shafts and / or air vents, but shall not include any parking spaces, parking
areas, parking lots, driveways, or ramps.
PART 6
RESIDENTIAL ZONES
RES-228
(b)
Landscaped Strip means an area of land devoted solely to the growing of
grass, ornamental shrubs or trees and may include fences, berms, exit
stairs, and air shafts and / or air vents.
Notwithstanding the provisions of Paragraphs (c), (e), (g), (i), (j), (l) and (m) of
Subsection 6.10.3 "Zone Regulations" of the Multiple Residential "RM3" Zone,on
those lands zoned "RM3-55" by this By-law, the following shall apply:
(c)
Minimum Front Yard for Townhouses
-
4.0 metres
(e)
Minimum Side Yard for Apartment Buildings
-
8.0 metres
(g)
Minimum Rear Yard for Apartment Buildings
-
14 metres
(i)
Minimum Density
-
188 uph
(j)
Maximum Building Height
-
24 metres
(l)
Privacy Area - Notwithstanding any provisions or definitions to the
contrary, each townhouse dwelling unit shall have at least one area which
serves as a privacy area which shall be adjacent to the dwelling unit and
shall have a minimum depth of 2.5 metres measured from the façade
abutting Shoreview Place.
(m)
Minimum Landscaped Open Space
1. Not less than 45 percent of the entire lot shall be landscaped open
space.
2. A landscaped strip having a minimum width of 4.0 metres shall be
provided and thereafter maintained adjacent to every portion of any lot
line that abuts a street except for points of ingress and egress.
3. Notwithstanding Section 2. (m) within this amending By-law, for
those lands between any privacy area for townhouse dwelling units
and any lot line abutting a street, not less than 1.5 metres of landscaped
strip shall be provided and thereafter maintained.
Notwithstanding the provisions of Paragraph (a) of Subsection 6.10.5 "Regulations
for Parking" of the Multiple Residential "RM3" Zone, on those lands zoned "RM3-
55" by this By-law, the following shall apply:
PART 6
RESIDENTIAL ZONES
RES-229
(a)
Minimum Number of Parking Spaces
1. 1 parking space and 0.3 visitor parking spaces for each townhouse
dwelling unit; and,
2. 1 parking space and 0.25 visitor parking spaces per unit for apartment
buildings.
In addition to the provisions of Subsection 6.10.5 "Regulations for Parking" of
the Multiple Residential "RM3" Zone, on those lands zoned "RM3-55" of this
By-law, the following shall apply:
1. Underground parking shall not be bound by setback requirements;
however, underground parking above grade shall be setback a
minimum of 2.0 metres from any lot line.
Notwithstanding Section 4.10.3 a) of Zoning By-law No. 3692-92, the following
shall apply:
1. Required parking spaces for 90º perpendicular parking shall have
minimum rectangular dimensions of 2.6 metres by 5.5 metres exclusive of
any lands used for access, manoeuvring, driveways or a similar purpose.
2. For other than 90º perpendicular parking spaces and for parking spaces
within private residential garages designed to accommodate one motor
vehicle, the parking space shall not be less than 2.4 metres in width or less
than 6 metres in length exclusive of any land used for access,
manoeuvring, driveways or a similar purpose. End spaces which have a
clear, unobstructed approach, shall have a minimum length of 5.5 metres.
A single step, hose bibs, electrical devices and/or ductwork and closet
enclosures may project not more than .3 metres into the required length or
width of a parking space.
By-law 16-102
RM3-56 1831 Rymal Road East, Schedule "A", Map No. 15
Notwithstanding the definition of "Dwelling- Townhouse" and "Highway" or
"Street" of Part 2 - Definitions of Zoning By-law No. 3692-92, the following
definitions shall apply:
PART 6
RESIDENTIAL ZONES
RES-230
"Dwelling - Maisonette"
Means back to back townhouse dwellings, containing not more than sixteen
maisonette dwelling units within a block intended for maisonette dwellings.
"Dwelling - Townhouse"
Means a building containing not less than three and not more than nine dwelling
units with each unit separated by a common or party wall or walls, with a separate
outside entrance to each unit.
"Lot Line - Front"
The frontage along Street "A" of the Draft Plan of "Part of Lot 33 - Concession
8", 25T-201401, shall be deemed to be the front lot line.
"Highway" or "Street"
For the purpose of this Zone, the private driveway(s) or condominium road(s) are
deemed to be a street(s), and parking, landscaping and amenity areas are permitted
within the street(s).
(i)
Notwithstanding the definition of Lot within Part 2, Definitions and
Section 4.4.2, Restriction on Change, those lands zoned Multiple
Residential "RM3-56" by this By-law shall be considered as one lot.
(ii)
Notwithstanding the provisions of Paragraphs (c), (d), (f), (h), (i), (j), (k),
(l), and (m), of Subsection 6.10.3 of the Multiple Residential "RM3"
Zone, the following regulations shall apply:
(c)
Minimum Front Yard -6.0 metres shall be provided and
maintained.
(d)
Minimum Side Yard for a Maisonette, Townhouse, or Dwelling Groups
- 6.0 metres for any side yard including a
flankage yard
PART 6
RESIDENTIAL ZONES
RES-231
(f)
Minimum Rear Yard for a Maisonette, Townhouse, or Dwelling Groups
- 6.0 metres; except for an end wall abutting
a street, a minimum 2.4 metres shall be
provided and maintained.
(h)
Minimum Distance Between Buildings on the Same Lot
- 12 metres between front walls;
- 2.4 metres between end walls of a block
townhouse and / or a block of maisonette
units;
- 12 metres between rear walls of a block of
townhouses and / or a block of maisonette
units;
- 7.0 metres between end walls and rear
walls of a block of townhouse and / or a
block of maisonette units
- Separation distance shall not be applied to
individual townhouse or maisonette units
and / or their future property boundaries
created by way of an application to remove
part lot control and / or established by a
condominium corporation.
(i)
Density
- A minimum density of 55 units per net
residential hectare and a maximum density
of 75 units per net residential hectare shall
apply.
(j)
Maximum Building Height
- 13.5 metres or 3 storeys.
(k)
Maximum Lot Coverage
- Not Applicable
PART 6
RESIDENTIAL ZONES
RES-232
(f)
Privacy Area per Unit - Notwithstanding the yard requirements above,
each townhouse unit shall have at least one area which serves as a privacy
area which shall be adjacent to the dwelling unit and shall have a minimum
depth of 3.5 metres.
No privacy area shall be required for maisonette units.
(m)
Minimum Landscape Open
-
20%, except that landscape strips
Space
shall not be required between
privacy areas and any lot line, nor
adjacent to any portion of any lot
that abuts a street.
(iii)
Notwithstanding the provisions of Paragraphs (a)(1) and (e) of Subsection
6.10.5 of the Multiple Residential "RM3" Zone, the following regulation
shall apply:
(a)(1) 2 parking spaces for each maisonette and townhouse dwelling unit, and
0.25 visitors spaces to be providing within the condominium road(s).
Tandem parking is permitted for non-visitors parking spaces.
(e)
No parking areas may be located closer than 2.75 metres from a dwelling
unit on the same lot. Future property and / or unit boundaries created
through a Condominium Act or Planning Act application shall not be
subject to this requirement.
(iv) Notwithstanding the provisions of Paragraph (a) of 4.10.3, Dimensions of Parking
Spaces, and Paragraph (d) of Section 6.1.8, Parking Restrictions in Residential
Zones, the following regulation shall apply for lands zoned Multiple Residential
"RM3-56", Modified, by this By-law:
(a)
Required parking spaces for 900 perpendicular parking shall have
minimum rectangular dimensions of 2.6 metres by 5.5 metres exclusive of
any lands used for access, manoeuvring, driveways or a similar purpose.
(v)
Notwithstanding the provisions of Paragraph (a) of 4.10.4, Requirement for
Parking Designated for Vehicles of Physically Challenged, and Paragraph (d) of
PART 6
RESIDENTIAL ZONES
RES-233
Section 6.1.8, Parking Restrictions in Residential Zones, the following regulation
shall apply for lands zoned Multiple Residential "RM3-56", Modified, by this By-
law:
(a)
Have minimum rectangular dimensions of 4.4 metres x 5.5 metres;
(vi) In addition to subsection 4.19.1 "General Application" of Section 4.19 "Yard
Encroachments" the following shall apply for lands zoned Multiple Residential
"RM3-56", Modified, by this By-law:
(j)
Stairs may project into any required front yard a distance of not
more than 3.5 metres;
(m)
Bay windows, with or without foundations, may project into any
required front, rear and / or flankage yard a distance of not more
than 0.9 metres;
(l)
Covered porches may project into any require front yard a distance
of not more than 3.0 metres, and 1.8 metres for a flankage yard;
By-law 16-102
RM3-57 1831 Rymal Road East, Schedule "A", Map No. 15
By-law 19-083
RM3-57 1809, 1817, 1821 and 1831 Rymal Road East (Blocks 4 and 5)
(i)
Notwithstanding the provisions of Subsection 6.10.3 of the Multiple Residential "RM3"
Zone, the regulations of the "RM3-56" Zone, Modified, as contained within this By-law
shall apply for any townhouse and / or maisonette dwelling units.
(ii)
Notwithstanding the provisions of Paragraphs (c), (e), (g), (h), (i), (j), (k), (l), and (m),
of Subsection 6.10.3 of the Multiple Residential "RM3" Zone, the following regulations
shall apply for Apartment Buildings:
(c)
Minimum Front Yard for Apartment Buildings - 6.0 metres
(e)
Minimum Side Yard for Apartment Buildings - 6.0 metres
(g)
Minimum Rear Yard for Apartment Buildings - 6.0 metres
(h)
Minimum Distance Between Buildings on the Same Lot
PART 6
RESIDENTIAL ZONES
RES-234
-
12 metres between front walls
-
3 metres between end walls
-
7 metres between an end wall
and rear wall
Modified by
(i)
Density
-
A minimum of 75 units per net
By-law 19-083
residential hectare and a maximum
of 170 units per net residential
hectare shall be permitted.
Modified by
(j)
Maximum Building Height
-
32.0 metres or 8 storeys, whichever
By-law 19-083
is less.
(k)
Maximum Lot Coverage
-
50%
(m)
Minimum Landscape Open
-
20% including a landscape strip
Space having a minimum width of
6.0 metres to be provided and
maintained adjacent to every portion
of a lot of block that abuts a street
except for points of ingress or
egress.
(ii)
Notwithstanding the provisions of Paragraphs (a) and (e) of Subsection 6.10.5 of the
Multiple Residential "RM3" Zone, the following regulation shall apply for lands zoned
Multiple Residential "RM3-57", Modified, by this By-law:
(a)
1.25 spaces shall be provided for each dwelling unit.
(e)
No parking areas may be located closer than 2.75 metres from a
dwelling unit on the same lot. Future property and / or unit
boundaries created through a Condominium Act or Planning Act
application shall not be subject to this requirement.
(iii)
Notwithstanding the provisions of Paragraph (a) of 4.10.4, Requirement for Parking
PART 6
RESIDENTIAL ZONES
RES-235
Designated for Vehicles of Physically Challenged, and Paragraph (d) of Section 6.1.8,
Parking Restrictions in Residential Zones, the following regulation shall apply for lands
zoned Multiple Residential "RM3-57", Modified, by this By-law:
(a)
Required parking spaces for 900 perpendicular parking shall have
minimum rectangular dimensions of 2.6 metres by 5.5 metres
exclusive of any lands used for access, manoeuvring, driveways or
a similar purpose.
(ii)
Notwithstanding the provisions of Paragraph (a) of 4.10.4,
Requirement for Parking Designated for Vehicles of Physically
Challenged, and Paragraph (d) of Section 6.1.8, Parking
Restrictions in Residential Zones, the following regulation shall
apply for lands zoned Multiple Residential "RM3-57", Modified,
by this By-law:
(a)
Have minimum rectangular dimensions of 4.4 metres x 5.5 metres;
All other regulations of the Multiple Residential "RM3" Zone shall apply.
By-law 16-227 "RM3-58"
560 Grays Road, Schedule "A", Map No. 1
That notwithstanding the provisions of Paragraphs (g), (i), (j) of Subsection 6.10.3 "Zone
Regulations" of the Multiple Residential "RM3" Zone, on those lands zoned "RM3-58"
by this By-law, the following shall apply:
(g)
Minimum Rear Yard for Apartment Buildings
-
11 metres
(i)
Maximum Density
-
99 units per hectare
(j)
Maximum Building Height
-
15 metres
By-law 16-227 "RM3-59" 288 Glover Road, Schedule "A", Map No. 8
For the purposes of this By-law, the property line abutting Glover Road shall be deemed
to be the front lot line; the easterly property line shall be considered the rear lot line; and
all other lot lines shall be deemed to be side lot lines.
Notwithstanding the provision of Paragraphs (h), (i) and (m) of Subsection 6.10.3 Zone
PART 6
RESIDENTIAL ZONES
RES-236
Regulations of the Multiple Residential RM3 Zone, on those lands zoned RM3-59a ,
RM3-59b and RM3-59c and identified as Blocks 1 , 2 and 3 by this By-law, the following
shall apply:
(h)
Minimum Distance Between Buildings on the Same Lot - 14 metres, except 2.5
metres between end walls and 9 metres between an end wall and a rear wall.
(i)
Maximum Density
42.5 units per hectare
(m)
Minimum Landscaped Open Space - Not less than 25 percent of the lot area shall
be landscaped including privacy areas.
In addition to the provisions of Subsection 6.10.3 Zone Regulations of the
Multiple Residential RMS Zone, the following shall apply:
(n)
Minimum Density
40 units per hectare
Notwithstanding Subsection 4.19.1 (a), Yard Encroachments - General Application , for
bay windows only, on those lands zoned RM3-59a , RM3-59b" and RM3-59c by this By-
law, the following regulations shall apply, specifically:
A bay window may project into a front yard or rear yard a distance of not more
than 1.5 metres and into a side yard a distance of not more than 0.5 metres.
In addition to the regulations of Subsection 4.19.1 Yard Encroachments - General
Application", on lands zoned RM3-59a", RM3-59b and RM3-59c by this By-law, stairs
may project in their entirety into a required yard.
The Multiple Residential RMS Zone, on those lands zoned RM3-59a , RM3-59b and
RM3-59c by this By-law, the following shall apply:
A minimum of 2 parking spaces and 0.21 visitor parking spaces shall be provided
for each semi-detached, townhouse, and maisonette dwelling unit.
Tandem parking is permitted for non-visitor parking spaces.
All other regulations of the Multiple Residential RMS Zone shall apply, except as
provided, below.
PART 6
RESIDENTIAL ZONES
RES-237
"RM3-59a" 288 Glover Road, Schedule "A", Map No. 8
No direct access shall be provided to individual townhouse or maisonette dwelling units
from Glover Road or Barton Street, with the exception of a private condominium road.
Notwithstanding Subsection 6.10.2, Permitted Uses for Each Lot , on lands zoned
RM3-59a and identified as Block 1" by this By-law, only the following uses shall be
permitted:
(a)
Townhouse
(b)
Maisonette
(c)
A private or public stormwater management facility
Notwithstanding the provisions of Paragraphs (c), (d), (f), (j) and (I) of Subsection
6.10.3 Zone Regulations" of the Multiple Residential RM3 Zone, on those lands zoned
RM3-59a by this By-law, the regulations of the Multiple Residential RM3-59" Zone,
Modified, as established under this By-law, shall apply on those lands zoned Multiple
Residential RM3-59a Zone by this By-law and the following additional regulations shall
apply:
(c)
Minimum Front Yard
2.0 metres
(d)
Minimum Northerly Side Yard
20.0 metres
Minimum Southerly Side Yard
30.0 metres
(f)
Minimum Rear Yard
10.0 metres
(j)
Maximum Building Height - 14.5 metres
(I)
Privacy Area - Notwithstanding the yard requirements above, each townhouse
dwelling unit shall have at least one area which serves as a privacy area which
shall be adjacent to the dwelling unit with a minimum depth of 7.0 m, except for
a townhouse dwelling unit that is adjacent to Glover Road or Barton Street and
maisonette dwelling unit, in which cases the privacy areas shall be provided on
attached balconies with a minimum area of 5.0 square metres.
PART 6
RESIDENTIAL ZONES
RES-238
Notwithstanding Subsections 4.19.1 (d), Yard Encroachments - General Application , on
those lands zoned RM3-59a" by this By-law, the following regulations shall apply:
Balconies, canopies, unenclosed porches and decks, including a cold cellar
underneath same, may project into any required front yard or side yard not more
than 2.6 metres. Balconies, canopies, unenclosed porches and decks may project
into any required rear yard not more than 4.5 metres. Balconies and decks may
project into any privacy area of this development not more than 4.5 metres.
Notwithstanding the foregoing, any deck or patio which is less than 0.3 metres in height
may be located in any required yard.
Notwithstanding Subsection 4.13.1, Daylight Triangles , on those lands zoned RM3-59a"
by this By-law, the following regulations shall apply:
Any lot located at the intersection of two or more roads will requir a minimum
yard of 10.0 metres from the hypotenuse of the daylight triangle.
Notwithstanding Subsections 6.1.8 (c), Parking Restrictions in Residential Zones and
Subsections 6.10.5 (d) and (e), "Regulations for Parking", on lands zoned RM3-59a ,
RM3~59b and RM3-59c by this By-law, the following regulation shall apply:
Where there is a grouping of three or more parking spaces, no parking space shall
be provided closer than 1.5 metres to any dwelling unit located on the same lot,
except that the provisions of this clause shall not apply to any parking space
located within a private garage.
"RM3-59b" 288 Glover Road, Schedule "A", Map No. 8
No direct access shall be provided to individual semi-detached dwelling units from Barton
Street, with the exception of a private condominium road.
Notwithstanding Subsection 6.10.2, Permitted Uses for Each Lot , on lands zoned
RM3-59b and identified as Block 2 by this By-law, only the following use shall be
permitted:
(a)
Semi-Detached
PART 6
RESIDENTIAL ZONES
RES-239
Notwithstanding the provisions of Paragraphs (d), (f), (j) and (I) of Subsection 6.10.3
Zone Regulations of the Multiple Residential RMS Zone, on those lands zoned RM3-
59b" by this By-law, the regulations of the Multiple Residential RM3- 59 Zone, Modified,
as established under this By-law, shall apply on those lands zoned Multiple Residential
"RM3-59b" Zone by this By-law and the following additional regulations shall apply:
(d)
Minimum Northerly Side Yard
2.0 metres
Minimum Southerly Side Yard
60.0 metres
(f)
Minimum Rear Yard
7.5 metres
(j)
Maximum Building Height
11 metres
(I)
Privacy Area - Notwithstanding the yard requirements above, each semi-detached
dwelling unit shall have at least one area which serves as a privacy area which
shall be adjacent to the dwelling unit with a minimum depth of 7.5 m.
Notwithstanding Subsections 4.19.1 (d), Yard Encroachments - General Application", on
those lands zoned RM3-59b by this By-law, the following regulations shall apply:
Balconies, canopies, unenclosed porches and decks, including a cold cellar
underneath same, may project into any required front yard or side yard not more
than 2.6 metres. Balconies, canopies, unenclosed porches and decks more than
0.3m in height may not project into any required rear yard.
Notwithstanding the foregoing, any balcony, deck or patio which is less than 0.3 metres
in height may be located in any required yard, including the rear yard.
"RM3-59c" 288 Glover Road, Schedule "A", Map No. 8
That direct access may be provided to semi-detached and townhouse dwelling units facing
Willow Lane.
Notwithstanding Subsection 6.10.2, Permitted Uses for Each Lot , on lands zoned
RM3-59c and identified as Block 3" by this By-law, only the following uses shall be
permitted:
PART 6
RESIDENTIAL ZONES
RES-240
(a)
Semi-Detached
(c)
Townhouse
Notwithstanding the provisions of Paragraphs (c), (d), (f), (j), and (I) of Subsection 6.10.3
Zone Regulations of the Multiple Residential RMS Zone, on those lands zoned RM3-59c
by this By-law, the regulations of the Multiple Residential RM3- 59" Zone, Modified, as
established under this By-law, shall apply on those lands zoned Multiple Residential
RM3-59c Zone by this By-law and the following additional regulations shall apply:
(c)
Minimum Front Yard
6.0 metres
(d)
Minimum Northerly Side Yard
150.0 metres
Minimum Southerly Side Yard
4.5 metres
(f)
Minimum Rear Yard
15.0 metres
(j)
Maximum Building Height
11.0 metres
(I)
Privacy Area - Notwithstanding the yard requirements above, each, semi-
detached dwelling unit and townhouse dwelling unit shall have at least one area
which serves as a privacy area which shall be adjacent to the dwelling unit with a
minimum depth of 7.0 m.
In addition to the provisions of Subsection 6.10.3 Zone Regulations" of the Multiple
Residential RMS Zone, the following shall apply:
(o) Number of Dwelling Units - A Townhouse shall be restricted to only one (1) block
containing no more than three (3) dwelling units.
Notwithstanding Subsections 4.19.1 (d), Yard Encroachments - General Application", on
those lands zoned RM3-59c" by this By-law, the following regulations shall apply:
Balconies, canopies, unenclosed porches and decks, including a cold cellar
underneath same, may project into any required front yard or side yard not more
than 2.6 metres. Balconies, canopies, unenclosed porches and decks may project
into any required rear yard not more than 4.5 metres. Balconies and decks may
project into any privacy area of this development not more than 4.5 metres.
PART 6
RESIDENTIAL ZONES
RES-241
Notwithstanding the foregoing, any deck or patio which is less than 0.3 metres in height
may be located in any required yard.
Notwithstanding Subsection 4.13.1, Daylight Triangles , on those lands zoned
RM3-59c by this By-law, the following regulations shall apply:
Any lot located at the intersection of two or more roads will require a minimum
yard of 0.0 metres from the hypotenuse of the daylight triangle.
Notwithstanding Subsections 6.1.8 (c), Parking Restrictions in Residential Zones and
Subsections 6.10.5 (d) and (e), Regulations for Parking, on lands zoned RM3-59c by this
By-law, the following regulation shall apply:
Where the required minimum number of parking spaces is four or more, no
parking space shall be provided closer than 3.0 metre to any lot line or closer
than 5.0 metres to any dwelling unit located on a lot other than the said lot,
except that the provisions of this clause shall not apply to any parking space
located on a private driveway providing direct access to Willow Lane or within a
private garage.
By-law RM3-60 165 Upper Centennial Parkway, Schedule "A", Map No. 16
20-080-LPAT
Notwithstanding Section 6.10.2, and the provisions of Paragraphs (a), (b), (c), (d), (f), (i),
(k), (l), and (m) of Subsection 6.10.3, and Subsection 6.10.5 (a), of the Multiple
Residential "RM3" Zone, on those lands zoned "RM3-60" by this By-law, the following
shall apply:
6.10.2 Permitted Use for Each Lot
(a)
Maisonettes
6.10.3 (a)
Minimum Lot Area
70.0 square metres
(b)
Minimum Lot Frontage
6.3 metres
(c)
Minimum Front Yard
4.5 metres except 5.8 metres to an attached
garage
(d)
Minimum Side Yard
0.0 metres interior, 1.2 metres for an end
Unit and 2.4 metres for flankage yard
(f)
Minimum Rear Yard
0.0 metres
PART 6
RESIDENTIAL ZONES
RES-242
(i)
Maximum Density
100 units per hectare
(k)
Maximum Lot Coverage
71 percent
(l)
Minimum Privacy Area
Notwithstanding the yard requirements
above, each maisonette unit shall have at
least one area which serves as a privacy
area which shall be adjacent to the
dwelling. The privacy area shall have a
minimum area of 7.65 square metres and
may comprise porches, decks, balconies,
and verandas.
(m) Minimum Landscaped
10 percent
Open Space
6.10.5
(a) Minimum Number of
2 parking spaces for each dwelling unit,
Parking Spaces
tandem parking is permitted
By-law RM3-60(H) 198 First Road West, Schedule "A", Map No. 16
20-082-LPAT
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands zoned
"RM3-60 (H)" by this By-law, the Holding "H" symbol may be removed by City
Council and thereby give effect to the "RM3-60" Zone provisions upon completion of
the following:
a)
Land assembly with the abutting lands to the east to permit orderly development,
to the satisfaction of the City s Director of Planning and Chief Planner, and the
Senior Director of Growth Management.
By-law RM3-60(H1) 165 Upper Centennial Parkway, Schedule "A", Map No. 16
20-080-LPAT
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands zoned
"RM3-60(H1)" by this By-law, the Holding "(H1)" symbol may be removed by City
Council and thereby give effect to the "RM3-60" Zone provisions upon completion of the
following:
a)
Land assembly with the abutting lands to the west to permit orderly
development, and confirmation of an adequate level of engineering services to
support the uses, to the satisfaction of the City s Director of Planning and Chief
Planner, and the Senior Director of Growth Management.
By-law RM3-60(H2) 165 Upper Centennial Parkway, Schedule "A", Map No. 16
20-080-LPAT
PART 6
RESIDENTIAL ZONES
RES-243
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands zoned
"RM3-60(H2)" by this By-law, the Holding "(H2)" symbol may be removed by City
Council and thereby give effect to the "RM3-60" Zone provisions upon completion of the
following:
a)
Owner shall have entered into a cost sharing agreement with Penta Properties
Inc. (Penta) which will require the Owner to pay its proportionate share of the cost
of construction of any downstream improvements to the storm conveyance system
from downstream outside limit of the storm water management pond block on the
adjacent property (198 First Road West), such downstream improvements to
include the roadside ditches along Upper Centennial Parkway, Mud Street East
including all necessary culvert upgrades and any downstream monitoring and
remediation costs required to provide for proper conveyance of the post
development drainage from 165 Upper Centennial and 198 First Road West
(Paletta). Such costs are to be calculated on a contributory area and percent
impervious basis, in respect of costs associated with the land and construction and
other reasonable and related costs of the storm water conveyance system net of
any monies recoverable from the City of Hamilton. These costs shall be calculated
by the engineering consultant for Penta in a timely manner and agreed upon by an
engineering consultant retained by the Owner of 165 Upper Centennial Parkway
and shall be paid to Penta prior to the lifting of the Hold Symbol. If agreement
regarding the costs is not reached, they shall be determined by arbitration pursuant
to the Ontario Arbitration Act.
By-law RM3-61 165 Upper Centennial Parkway, Schedule "A", Map No. 16
20-080-LPAT
The following regulations apply to the "RM3-61" Zone, should the development
proceed as a Standard Condominium:
Notwithstanding Section 6.10.2, and the provisions of paragraphs (c), (h), (i), (l), and (m)
1. and 4. of Section 6.10.3, and in addition to the provisions of Section 6.10.3 of the
Multiple Residential "RM3" Zone, on those lands zoned "RM3-61" by this By-law, the
following shall apply:
6.10.2 Permitted Use for Each Lot
(a)
Townhouses
6.10.3 (c)
Minimum Front Yard
3.0 metres, and 5.8 metres for a garage.
(h)
Minimum Distance Between Buildings on the Same Lot
-12 metres, except 2.4 metres between end walls and 9 metres between an
PART 6
RESIDENTIAL ZONES
RES-244
end wall and a rear wall.
(i)
Maximum Density
47 units per hectare
(l)
Privacy Area - notwithstanding the yard requirements above, each
townhouse unit shall have at least one area which serves as a privacy area
which shall be adjacent to the dwelling unit and shall have an area of 36
square metres.
(m)
Minimum Landscaped Open Space
1.
Not less than 40% of the lot area shall be landscaped including
privacy areas.
4.
A landscaped strip having a minimum width of 4.5 metres,
within which retaining walls are allowed in addition to swales,
berms and fences, shall be provided and thereafter maintained
adjacent to every portion of any lot that abuts Upper Centennial
Parkway except for points of ingress and egress.
The following regulations apply to the "RM3-61" Zone, should the development
proceed as Freehold Street Townhouse Units tied to a Common Element
Condominium Road:
For the purposes of this By-law, a common element condominium road shall be deemed
to be a street.
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (g) and (i) of Section
6.9.3 of Zoning By-law No. 3692-92, on those lands zoned "RM3-61" by this By-law, the
following shall apply:
(a)
Minimum Lot Area
Interior Unit
- 150 square metres
End Unit
- 175 square metres
Corner Unit
- 200 square metres
(b)
Minimum Lot Frontage
Interior Unit
- 6.0 metres
End Unit
- 7.0 metres
Corner Unit
- 8.0 metres
PART 6
RESIDENTIAL ZONES
RES-245
(c)
Minimum Front Yard - 3.0 metres, except 5.8 metres for a garage
(d)
Minimum Side Yard
End Unit
- 1.5 metres
Corner Unit
- 2.4 metres
(e)
Minimum Rear Yard
- 6.0 metres
(i)
Maximum Lot Coverage
- N/A
(g)
Minimum Landscaped Open Space
A landscaped strip having a minimum width of 4.5 metres,
within which retaining walls are allowed in addition to swales, berms and
fences, shall be provided and thereafter maintained adjacent to every
portion of any lot that abuts Upper Centennial Parkway except for points
of ingress and egress.
By-law RM3-61(H2) 165 Upper Centennial Parkway, Schedule "A", Map No. 16
20-080-LPAT
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands zoned
"RM3-61(H2)" by this By-law, the Holding "(H2)" symbol may be removed by City
Council and thereby give effect to the "RM3-61" Zone provisions upon completion of the
following:
a)
Owner shall have entered into a cost sharing agreement with Penta Properties
Inc. (Penta) which will require the Owner to pay its proportionate share of the cost
of construction of any downstream improvements to the storm conveyance system
from downstream outside limit of the storm water management pond block on the
adjacent property (198 First Road West), such downstream improvements to
include the roadside ditches along Upper Centennial Parkway, Mud Street East
including all necessary culvert upgrades and any downstream monitoring and
remediation costs required to provide for proper conveyance of the post
development drainage from 165 Upper Centennial and 198 First Road West
(Paletta). Such costs are to be calculated on a contributory area and percent
impervious basis, in respect of costs associated with the land and construction and
other reasonable and related costs of the storm water conveyance system net of
any monies recoverable from the City of Hamilton. These costs shall be calculated
by the engineering consultant for Penta in a timely manner and agreed upon by an
engineering consultant retained by the Owner of 165 Upper Centennial Parkway
and shall be paid to Penta prior to the lifting of the Hold Symbol. If agreement
regarding the costs is not reached, they shall be determined by arbitration pursuant
to the Ontario Arbitration Act.
PART 6
RESIDENTIAL ZONES
RES-246
By-law 18-089
RM3 - 62
Notwithstanding the provisions of Section 6.9.3 "Zone Regulations",
Paragraphs a), (b), (c), (d), (e), 6.10.3 "Zone Regulations for Maisonettes",
Paragraphs (a), (b), (c), (d), (f), (g), (h) and (i) 6.10.4 "Zone Regulations for
Street Townhouses" and Section 6.10.5 "Regulations for Parking",
Paragraph (a):
REGULATIONS
(a) Minimum Lot Area:
Street Townhouses
Maisonettes
Interior Unit
170 sq m
80 sq m
Corner Unit
250 sq m
118 sq m
End Unit
240 sq m
N/A
(b) Minimum Lot Frontage:
Street Townhouses
Maisonettes
Interior Unit
5.5 m
6.45 m
Corner Unit
8.25 m
8.1 m
End Unit
7.25 m
N/A
(c) Minimum Front Yard:
Street Townhouses
Maisonettes
N/A
4.0 m to the
dwelling face and
6.0m to the
attached garage
(d) Minimum Side Yard:
PART 6
RESIDENTIAL ZONES
RES-247
Street Townhouses
Maisonettes
End Unit
1.5 m
N/A
Corner Unit
1.75 m
2.75 m
(e) Minimum Rear Yard: 7.5 m, except
0.0 m
3.0 m to the
daylighting triangle
(f) Maximum Density: 53 units per net ha
(g) Maximum Building Height: 12 m (maisonettes)
(h) Maximum Lot Coverage: Shall not apply to maisonettes
(i) Minimum Privacy Area: 4.0 sq m for maisonettes
to be located on a balcony
or patio
(j) Minimum Landscaped Shall not apply to maisonettes
Open Space:
(k) Minimum Number of
Visitor Parking Spaces:
20 internal visitor parking spaces to be
provided
(l) Notwithstanding clause (a) of Section 4.16.1, unitary equipment may be
located not closer than 0.5 m to any side lot line.
(m) Notwithstanding any provision to the contrary, prior to the registration
of a plan of subdivision or condominium, 44 maisonette townhouse
units and 16 standard townhouses, shall be permitted on one parcel of
land.
(n) For the purpose of this By-law, maisonettes may front onto a public
PART 6
RESIDENTIAL ZONES
RES-248
roadway.
(o) For the purpose of this By-law, a Private Common Element
Condominium road shall be deemed a street and that landscaping and
visitor parking for the dwelling units fronting onto the common element
condominium road are permitted within the common element
condominium road.
By-law 18-167
RM3 - 63 (H)
Notwithstanding the provisions of Paragraphs 6.10.3 "Zone Regulations
for Maisonettes", Paragraphs (a), (b), (c), (d), (f), (i), (j), (k), (l), (m),
6.10.4 "Zone Regulations for Street Townhouses", Section 6.9.3 "Zone
Regulations" (a), (b), (c), (d), (e), (f), (g), (h), (i), Section 4.10.3 a), b),
4.10.4(a), 4.16.1(a), Section 6.1.8 c) and d), and Section 6.10.5
"Regulations for Parking", Paragraph (a):
REGULATIONS
(a) Minimum Lot Area:
Street Townhouses
Maisonettes
Interior Unit
100 square metres
81 square metres
Corner Unit
140 square metres
105 square metres
End Unit
130 square metres
105 square metres
(b) Minimum Lot Frontage:
Street Townhouses
Maisonettes
Interior Unit
5.5 metres
6.4 metres
Corner Unit
7.5 metres
8.25 metres
End Unit
7.1 metres
8.25 metres
(c) Minimum Front Yard:
Street Townhouses
Maisonettes
PART 6
RESIDENTIAL ZONES
RES-249
4.4 metres to the
4.0 metres to the
dwelling unit, 3.25
dwelling unit and
metres to the dwelling 6.0 metres to the
for an end unit on a attached garage
private road and
attached garage
6.0 metres to the
attached garage
(d) Minimum Side Yard:
Street Townhouses
Maisonettes
End Unit
1.5 metres
1.6 metres
Corner Unit
1.5 metres
1.5 metres
(f) Minimum Rear Yard:
6.0 metres
0.0 metres
(i) Maximum Density:
59 units per net hectare
(j) Maximum Building Height:
Street Townhouses
Maisonettes
12.25 metres
12.5 metres
(k) Maximum Lot Coverage:
Street Townhouses
Maisonettes
55%
Shall not apply
(l) Minimum Privacy Area:
Street Townhouses
Maisonettes
34 square metres
4.0 square metres to
be located on a
balcony or patio in
the front yard
(m) Minimum Landscaped
Shall not apply to maisonettes
Open Space:
(n) Minimum Number of
26 visitor parking spaces to be
PART 6
RESIDENTIAL ZONES
RES-250
Visitor Parking Spaces:
provided
(o) Notwithstanding Section 4.10.3 a), required parking spaces for 90
degree perpendicular parking shall have minimum rectangular
dimensions of 2.6 metres by 5.5 metres.
(p) Notwithstanding Section 4.10.4 (a), a minimum of four (4) designated
parking spaces shall be provided with a minimum rectangular
dimension of 2.75 metres and 3.4 metres by 5.5 metres, when adjacent
to a 1.5 metre access aisle.
(q) Notwithstanding Section 4.16.1 (a), unitary equipment may be located
not less than 0.5 metres to any side lot line.
(r) Notwithstanding Section 6.1.8 c), parking spaces shall be a minimum of
3.1 metres from a dwelling unit.
(s) Notwithstanding Section 6.1.8 d), parking spaces shall have a width of
not less than 2.6 metres and a length of not less than 5.5 metres and
parking spaces for physically challenged persons all have a width of not
less than 2.75 metres and 3.4 metres when adjacent to a 1.5 metre
access aisle and a length of not less than 5.5 metres, exclusive to any
land used to permit ingress or egress to said parking spaces,
manoeuvring areas, driveways or aisles.
(t) For the purpose of this By-law, a parkette of 618 square metres shall be
provided within the subject development.
(u) For the purpose of this By-law, maisonettes may front onto a public
street.
(v) Notwithstanding any provision to the contrary, prior to the registration
of a plan of subdivision or condominium, 28 maisonette units and 43
street townhouse dwelling units, shall be permitted on one parcel of
land.
(w) For the purpose of this By-law, a Private Common Element
Condominium road shall be deemed a street and that landscaping and
visitor parking for the dwelling units fronting onto the common element
condominium road are permitted within the common element
condominium road.
PART 6
RESIDENTIAL ZONES
RES-251
3.
Notwithstanding the provisions of Section 3.8 "Holding Zones",
on those lands zoned "RM3-63(H)" of this By-law, the Holding
Provision "RM3-63(H)" (Multiple Residential) Zone, Modified,
be removed conditional upon:
a) The owner demonstrating that the existing sanitary sewer on
Lormont Boulevard at Picardy Drive can be adequately upsized
to provide sufficient capacity to meet City standards and to share
in the upgrade costs for development greater than 40 dwelling
units, to the satisfaction of the Senior Director, Growth
Management.
b) City Council may remove the 'H' symbol and thereby give
effect to the "RM3-63" (Multiple Residential) Zone, as amended
by the special requirements of this By-law, by enactment of an
amending By-law once the above condition has been fulfilled.
By-law 18-298
RM3 - 65 (H)
Notwithstanding the provisions of Part 2 "Definitions, Section 6.10.3 "Zone
Regulations", Paragraphs (c), (d), (h), (i), (j), (k) and (m):
REGULATIONS
(a) Minimum Front Yard:
4.5 metres to end wall of unit
6.0 metres to rear wall of unit
(a) Minimum Side Yard:
4.5 metres to end wall of unit
7.0 metres to rear wall of unit
(c) Minimum Distance
2.6 metres (Between End Walls)
Between Buildings
on the Same Lot:
(d) Maximum Density:
49 units per net hectare
(e) Maximum Building Height: 12.5 metres (Maisonettes)
(f) Maximum Lot Coverage:
37 percent
(g) Minimum Landscaped
30 percent
PART 6
RESIDENTIAL ZONES
RES-252
Open Space:
(h) For the purpose of this By-law, a parkette of 600 square metres shall be
provided within the subject development.
(i) For the purpose of this By-law, the lot line abutting Green Mountain
Road West shall be deemed to be the front lot line.
(j) For the purpose of the definitions contained in Part 2 and the regulations
contained in Sections 4.10, 4.13, 4.19, 6.1 and 6.10 of the Stoney Creek
Zoning By-law No. 3692-92, as amended by this By-law, the boundary
of the "RM3-65 (H)" Zone, shall be deemed to be the lot lines for this
purpose, and the regulations of the "RM3-65 (H)" Zone shall be from
the boundaries of this zone, and not from the individual property
boundaries of the dwelling units created by registration of a draft plan
of subdivision / condominium plan or created by Part Lot Control.
(j) For the purpose of this By-law, a Private Common Element
Condominium road shall be deemed a street and that landscaping and
visitor parking for the dwelling units fronting onto the common
element condominium road are permitted within the common element
condominium road.
3.
Notwithstanding the provisions of Section 3.8 "Holding Zones",
on those lands zoned "RM3-65(H)" of this By-law, the Holding
Provision "RM3-65(H)" (Multiple Residential) Zone, Modified,
be removed conditional upon:
a) The Owner entering into a conditional building permit
agreement with respect to completeing a Record of Site
Condition or a signed Record of Site Condition (RSC) being
submitted to the City of Hamilton and the Ministry of the
Environment, Conservation and Parks (MOECP). This RSC must
be to the satisfaction of the Director of Planning and Chied
Planner, including a notice of acknowledgement of the RSC by
the MOECP, and submission of the City of Hamilton's current
RSC administration fee
b) The Owner entering into a Site Plan Agreement with the City
to construct the services within the site and complete the flow
monitoring analysis for a period of five (5) years including
PART 6
RESIDENTIAL ZONES
RES-253
sufficient securities to the satisfaction of the Manager of
Developemnt Approvals.
c) The Owner submitting an updated Traffic Impact Study
("TIS") to the satisfaction of the Manager of Transportation
Planning.
By-law 19-083 "RM3-67" 1809, 1817, 1821 and 1831 Rymal Road East (Blocks 8, 9 and 10)
For the purposes of this By-law, the property line abutting Glover Road shall be deemed
to be the front lot line; the easterly property line shall be considered the rear lot line; and
all other lot lines shall be deemed to be side lot lines.
Notwithstanding the provisions of Part 2 "Definitions" as it relates to the definition of
"Highway" or "Street", and in addition to Definition "Dwelling - Stacked Townhouses",
Section 6.10.2 "Permitted Uses", Section 6.10.3 "Zone Regulations", Paragraphs (c), (d),
(f), (h), (i), (j), (l) and (m), Section 6.10.5 (a) 1., the following shall apply:
DEFINITIONS
Notwithstanding the definition of Highway" or Street" of Part 2 - Definitions of Zoning
By-law No. 3692-92, the following shall apply:
"Highway" or "Street"
For the purpose of this By-law, a condominium road shall be deemed to be a Highway"
or "Street", and visitor parking, landscaping and amenity areas for the dwellings are
permitted within the Highway or Street.
In addition to the permitted uses of Subsection 6.10.2 for the Multiple Residential "RM3"
Zone, those lands zoned "RM3-67" by this By-law, Stacked Townhouses shall also be
permitted.
ZONE REGULATIONS
(c)
Minimum Front Yard:
3.0 metres
(d)
Minimum Side Yard for Maisonettes,
Townhouses, Stacked Townhouses and
Dwelling Groups:
1.2 metres, except for 7.5 metres
for a flankage yard, 7.5 metres
abutting a zone permitting a single
PART 6
RESIDENTIAL ZONES
RES-254
detached, semi-detached or duplex
dwellings and 3 metres where an
end unit abuts any lot line of a
street townhouse.
(f)
Minimum Rear Yard for a
Townhouse or Stacked
Townhouses:
6.0 metres.
(h)
Minimum Distance
Between Buildings on the
Same Lot:
1. 3.0 metres between end walls;
and,
2. 13.5 metres between front walls.
(i)
Density:
1. Minimum of 50 units per
hectare.
2. Maximum of 75 units per
hectare.
(j)
Maximum Building Height:
13.5 metres or 3 storeys, whichever
is the less of the two.
(l)
Privacy Area:
Notwithstanding the yard
requirements, privacy area
requirements shall not apply to
maisonette units.
(m)
Minimum Landscaped Open Space:
1. Not less than 38% of the lot area
For maisonettes, townhouses,
Stacked townhouses and
dwelling groups shall be
landscaped including privacy
areas.
2. No landscaped strip is required
adjacent to every portion of any
lot that abuts a street.
3. One outdoor amenity space,
having a minimum area of 480
square metres, shall be
provided, and thereafter
maintained, excluding
easements and excluding the
PART 6
RESIDENTIAL ZONES
RES-255
area containing a natural spring
and required buffer associated
with said spring.
PARKING
(a)
Minimum Number of Parking Spaces:
2 parking spaces and 0.25 visitor
parking spaces for each maisonette
and townhouse dwelling
unit.
Tandem parking is permitted for
non-visitor parking spaces.
By-law 20-253 "RM3-68(H)" 56 Highland Road West
DEFINITIONS
Notwithstanding the definition of "Dwelling - Maisonette" of Part 2 - Definitions,
a "Dwelling - Maisonette" means back-to-back street townhouse dwellings or back-
to-back townhouse dwellings containing not more than ten dwelling units within
a building which may front on either a public street, a private common element
condominium road or both.
Notwithstanding the definition of "Dwelling - Street Townhouse" of Part 2 -
Definitions, a "Dwelling - Street Townhouse" means a building containing not less
than three and not more than ten dwelling units where each unit is located on a
separate lot with frontage on a public street, a private common element
condominium road or both and is separated from each adjoining unit by a common
or party wall or walls above grade for a minimum height of one storey above grade.
Such common or party wall may enclose a heated or unheated part of the dwelling
unit or private garage or a combination thereof.
Notwithstanding the definition of "Dwelling - Townhouse" of Part 2 - Definitions,
a "Dwelling - Townhouse" means a building containing not less than three and
not more than ten dwelling units with each unit separated by a common or party
wall or walls, with a separate outside entrance to each unit and which may front
on either a public street, a private common element condominium road or both.
Notwithstanding the definition of "Lot", "Street" and "Highway" of "Part 2 -
Definitions" and Section 4.6, for the purposes of this By-law, a private common
element condominium road shall be deemed a street and that landscaping and
visitor parking for the dwelling units fronting onto the private common element
condominium road are permitted within the private common element condominium
PART 6
RESIDENTIAL ZONES
RES-256
road.
In addition to the provisions/regulations of this By-law, prior to the registration of
a plan of subdivision, individual property boundaries of dwelling units created by
registration of a condominium plan or created by Part Lot Control, 20 maisonette
dwelling units and 26 street townhouse dwelling units, shall be permitted on one
parcel of land.
Notwithstanding Subsections 4.16.1 (a) and (b), mechanical and unitary
equipment may be located 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 0.5 metres from a side lot line and is screened from the street by an
enclosure or landscaping; and, within a required side yard or required rear yard
provided such equipment has a minimum setback of 0.5 metres from the side lot line
or rear lot line.
Notwithstanding Subsection 6.10.3, or any other regulation of this by-law to the
contrary, the following regulations shall apply to street townhouses and
maisonettes where each dwelling unit is on a separate lot:
(a) Minimum Lot Area
Interior Unit 150 square metres for street townhouse
and 80 square metres for maisonette.
End Unit 175 square metres for street townhouse
and 95 square metres for maisonette.
Corner Unit 200 square metres for Street townhouse
and 110 square metres for maisonette
(b) Minimum Lot Frontage
Interior Unit 6 metres
End Unit 7.2 metres
Corner Unit 7.5 metres
(c) Minimum Front Yard 4.5 metres except 6.0 metres to a
garage.
PART 6
RESIDENTIAL ZONES
RES-257
(d) Minimum Side Yard
(i) Interior Unit 0 metres
(ii) End Unit
Street Townhouses: 1.2 metres except
1. 0.0 metres for the side yard related
to the common side lot line;
2. 2.33 metres for the street townhouse
unit from the east side lot line
adjacent to the lands known as 135
Upper Centennial Parkway, and,
3. 2.95 metres for the street townhouse
unit from the south side lot line
adjacent to the lands known as 20
and 36 Highland Road West.
Maisonettes: 1.5 metres except 0.0 metres for the
side yard related to the common side line.
(iii) Corner Unit: 1.5 metres except 0.0 metres for the
side yard related to the common side lot line.
(f) Minimum Rear Yard
(h) Minimum Distance
Between Buildings
on the same lot
6.0 metres for the street townhouses and
0.0 metres for maisonettes.
Shall not apply.
(i) Maximum Density Shall not apply.
(j) Maximum Building 3 Storeys and 11 metres.
PART 6
RESIDENTIAL ZONES
RES-258
Height
(k) Maximum Lot coverage Shall not apply.
(l) Minimum Privacy Area 36 square metres for each street
townhouse unit and 4.0 square metres
for each maisonette unit which may
include porches, decks and balconies and
verandahs.
PART 6
RESIDENTIAL ZONES
RES-259
(m)
Minimum Landscaped
and Open Space 1. 30 Percent of the lot area for each
Street townhouse unit and 10 percent
of the lot area for each maisonette unit.
2. A minimum 1.5 metre wide
landscaped strip shall be provided
between the lot line abutting another
Residential Zone and a private
Street, except where there are
private streets, driveways, or
sidewalks.
3. A minimum 1.8 metre high solid
fence shall be provided along the lot
lines abutting another Residential
Zone, except where there are private
Streets, driveways or sidewalks.
Notwithstanding Subsections 6.1.8 (c) and 6.10.5 (a) and (d), the following regulations
shall apply:
a) Minimum Number of
Parking Spaces
2 parking spaces and 0.4 visitor parking
spaces per dwelling unit. Tandem parking
is permitted for non-visitor parking
spaces.
d) No parking space shall be provided closer than 1.5 metres to any lot line
or closer thah 5 metres to any dwelling unit located on a lot other than the
said lot.
Subsections 4.13.1, 6.1.12, and 6.10.4 shall not apply.
Notwithstanding the provision of Section 3.8 "Holding Zones", on those lands zoned
"RM3-68(H)" by this By-law, the Holding (H) symbol may be removed and thereby
give effect to the "RM3-68" Zone provisions, upon completion of the following:
(a)
The owner demonstrating that the existing sanitary sewer on Lormont
Boulevard at Picardy Drive can be adequately upsized to provide sufficient
PART 6
RESIDENTIAL ZONES
RES-260
capacity to meet City standards and to share in the upgrade costs for
development greater than 30 dwelling units, to the satisfaction of the Senior
Director, Growth Management.
(b)
City Council may remove the 'H' symbol and thereby give effect to the "RM3- 68"
(Multiple Residential) Zone, as amended by the special requirements of this By-
law, by enactment of an amending By-law once the above condition has been
fulfilled.
By-law 24-040
RM3-69(H)" Zone, Modified, Holding, 1400 Baseline Road, Schedule "A", Map
No. 4
1. For the purposes of this By-law, the property line abutting Baseline Road shall be
deemed to be a front lot line; all property lines abutting Lockport Way shall be deemed
to be a flankage lot lines, the southerly property line abutting North Service Road shall
be deemed to be a rear lot line; and the easterly property line shall be deemed to be a
side lot line;
2. Notwithstanding the permitted uses of Subsection 6.10.2 of the Multiple Residential
"RM3" Zone, those lands zoned "RM3-69(H)" Zone, Modified, Holding by this By-
law, only the following uses shall be permitted:
(a)
Maisonettes;
(b)
Townhouses;
(c)
Apartment Dwellings;
(d)
Dwelling Groups;
(e)
A Home Occupation; and,
(f)
Uses, buildings or structures accessory to a permitted use;
3. Notwithstanding the provisions of Paragraphs (d), (e), (f), (g), (i) and (j) of Section
6.10.3 of the Multiple Residential "RM3" Zone, and notwithstanding Section 4.13.1
Daylight Triangles, on those lands zoned "RM3-69(H)" Zone, Modified, Holding by
this By-law, the following shall apply:
(a)
Minimum Yard Regulations for Maisonettes, Townhouses and Dwelling
Groups:
i) Side Yard - 7.5 metres;
PART 6
RESIDENTIAL ZONES
RES-261
ii) Flankage Side Yards - 7.5 metres; and,
iii) Rear Yard - 14.0 metres (setback from a Provincial Highway right of-way);
(b)
Minimum Yard regulations for Apartment Dwellings:
i) Side Yard - 30.0 metres:
ii) Flankage Side Yards - 7.5 metres; and,
iv) Rear Yard - 14.0 metres (Setback from a Provincial Highway right-of-way);
(c)
Residential Density: 50 to 99 dwelling units per hectare;
(d)
Building Height:
i) Maisonettes and Townhouses -
1. Maximum 11 metres;
ii) Apartment Dwellings -
1. Maximum 7.5 metres façade height for any portion of a
building along a street line; and,
2. A building height above 7.5 metres may be equivalently
increased as the yard increases beyond the minimum yard
regulations established in subsection 3 (b), to a maximum
of 33.0 metres;
4.
In addition to the provisions of Section 6.10.3 of the Multiple Residential "RM3"
Zone, on those lands zoned "RM3-69(H)" Zone, Modified, Holding by this By-
law, the following shall apply:
(a)
The minimum total of all the amenity areas for apartment dwellings shall be set
forth in the following table:
Type of Dwelling Unit
Minimum Amenity Area
Bachelor Unit
1.5 square metres per unit
One Bedroom Unit
2 square metres per unit
Two Bedroom Unit
3 square metres per unit
Three Bedroom Unit
4 square metres per unit
Four Bedroom Unit
4 square metres per unit
Not less than 10 percent of the total of the amenity areas shall be
provided inside the applicable apartment dwelling, and such inside area
shall not be less than 93 square metres.
PART 6
RESIDENTIAL ZONES
RES-262
5.
Section 6.10.4 shall not apply;
6.
Section 6.10.5, Regulations for Parking, of the Multiple Residential "RM3" Zone,
shall apply to lands zoned "RM3-69(H)" Zone;
7.
On those lands zoned "RM3-69(H)" Zone, Modified, Holding by this By-law, the
"H" symbol may be removed by way of an amending Zoning By-law, from all of
the lands subject to this provision when the following conditions have been
satisfied:
(a)
That a Traffic Impact Study has been submitted and implemented by the applicant
to the satisfaction of the of the Manager of Transportation Planning, City of
Hamilton;
(b)
That the Applicant / Owner shall investigate the 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 Environment, Conservation and
Parks (MECP) 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 and Chief Planner. 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 City of Hamilton, Director of Planning and
Chief Planner;
(c)
That the proponent shall carry out an Archaeological Assessment of the subject
property and mitigate, through preservation or resource removal and
documentation, adverse impacts to any significant archaeological resources
found. No demolition, grading, construction activities, landscaping, staging,
stockpiling or other soil disturbances shall take place on the subject property prior
to the approval of the Director of Planning confirming that all archaeological
resource concerns have met conservation requirements. All archaeological reports
shall be submitted to the City of Hamilton concurrent with their submission to the
Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI);
(d)
That the owner/applicant enters into and registers on title all applicable
development agreement(s), including an External Works Agreement, and posting
of appropriate securities to ensure the implementation of any infrastructure
upgrade needs identified in the Traffic Impact Study recommendation(s) to the
satisfaction of the Senior Director of Growth Management, City of Hamilton;
and,
(e)
City Council may remove the 'H' symbol and, thereby give effect to the "RM3-
PART 6
RESIDENTIAL ZONES
RES-263
69(H)" Zone, Modified, Holding, by enactment of an amending By- law once the
above conditions have been fulfilled;
By-law 22-131
"RM3-70(H)" Zone, Modified, Holding, 250-256 First Road West, Schedule "A",
Map No. 6
a) For the purposes of this By-law, First Road West shall be deemed to be the front lot
line;
b) A maximum of four dwelling units shall be permitted to have minimum dwelling unit
width of 5.8 metres and a maximum of 21 dwelling units shall be permitted to have a
minimum
dwelling
unit
width
of
5.9
metres;
c) Notwithstanding the provisions of Paragraphs (c), (d), (f), (i), (k), (I), (m) (1), (m) (3)
and (m) (4) of Section 6.10.3 of the Multiple Residential "RM3" Zone, on those lands
zoned "RM3-70(H)" Zone, Modified, Holding by this By-law, the following shall
apply:
a.
Minimum Yard Regulations for Maisonettes, Townhouses and Dwelling
Groups:
i)
Front Yard - 1.5 metres
ii)
Side Yard - 1.5 metres
iii) Flankage Side Yard - 1.5 metres
iv) Rear Yard - 6.0 metres
b.
Maximum Density: 45 units per hectare.
c.
Maximum Lot Coverage: 40%
d.
Minimum Landscaped Open Space:
i)
A landscaped strip shall have a minimum width of 1.5 metres
along First Road West and Mud Street West, except 4.0 metres
abutting a daylight triangle;
ii)
A minimum landscaped open space of 30% of the lot area shall be
provided;
PART 6
RESIDENTIAL ZONES
RES-264
e.
Minimum Privacy Area for Maisonettes, Townhouses and Dwelling
Groups: Each maisonette and townhouse unit shall have at least one
area which serves as a privacy area and shall have a minimum depth of
4.0 metres;
d) In addition to provisions of Section 6.10.3 of the Multiple Residential "RM3" Zone,
on those lands zoned "RM3-70(H)" Zone, Modified, Holding by this By-law, the
following shall apply:
(a) The minimum setback to a dwelling from a condominium road shall be
3.5 metres;
(b) The minimum setback to a garage from a condominium road shall be
6.0 metres;
e) Notwithstanding Section 6.10.5 (a) (1) and (1) (e) of the Multiple Residential "RM3"
Zone, on those lands zoned "RM3-70(H)" Zone, Modified, Holding by this By-law,
the following shall apply:
a.
Regulations for Parking:
i)
2 parking spaces and 0.45 visitor parking spaces for each
maisonette and townhouse dwelling unit. Tandem parking is
permitted for non-visitor parking spaces;
ii)
Where there is a grouping of three or more parking spaces, no
parking space shall be provided closer than 1 metre to any
dwelling unit located on the same lot;
f) Notwithstanding Section 4.19.1(d), an unenclosed porch and deck may project
into the northerly side yard abutting the Mud Street West street line and the
southerly side yard to a maximum of 1.5 metres.
g) On those lands zoned RM3-70(H)" Zone, Modified, Holding by this By-law, the
"H" symbol may be removed by way of an amending Zoning By-law, from all of
the lands subject to this provision when the following conditions have been
satisfied:
i.
That there is adequate sanitary service capacity available to the subject lands
and that it can be demonstrated that there are appropriate sanitary sewer
PART 6
RESIDENTIAL ZONES
RES-265
connections available to the subject lands to the satisfaction of the Director
of Growth Management.
ii.
It is demonstrated that development of the subject lands will incorporate
adequate methane mitigation measures related to the Terrapure
Environmental Stoney Creek Landfill, to the satisfaction of the Director
of Planning.
By-law 23-194-
"RM3-73" 860 and 884 Barton Street, Schedule "A" Map No. 7 (Block 1)
OLT
In addition to Subsection 6.10.2, Stacked Townhouses shall be a permitted use.
In addition to Part 2, Definitions, on those lands zoned "RM3-73" by this By-law, the
following definition shall apply:
Stacked Townhouses
Means a building other than a townhouse dwelling, or apartment dwelling
containing more than three (3) attached dwelling units that are divided
horizontally and/or vertically, each with an entrance that is independent or through
a common vestibule.
Notwithstanding the provisions of Part 2 as it relates to the definition of Lot Line -Front,
the lot line adjacent to Barton Street shall be deemed the front lot line.
For the purposes of regulations contained within Sections 6.10 and 4.19 and within this
By-law, the boundary of the subject lands zoned "RM3-73" shall be deemed to be the lot
lines for this purpose and the regulations of the "RM3-73" Zone, and not from individual
properties or boundaries created by registration of a condominium plan or created by Part
Lot Control.
Notwithstanding Subsections 6.10.3 (c), (d), (f), (h), (i), (j), (l) and (m) of the Multiple
Residential "RM3" Zone, the following regulations shall apply:
(c)
Minimum Front Yard
6.0 metres
(d)
Minimum Side Yard
1.8 metres
(f)
Minimum Rear Yard
5.5 metres
(h)
Minimum Distance Between
12 metres, except 3 metres between end
PART 6
RESIDENTIAL ZONES
RES-266
Buildings on the Same Lot
walls and 9 m between an end and a rear
wall
(i)
Maximum Density
75 units per hectare
(j)
Maximum Building Height
12.0 metres
(l)
Privacy Area
No privacy area shall be required for
maisonette or stacked townhouse uses
(m) Minimum Landscaped Open Space
i) Not less than 35 percent, including
privacy areas;
ii) No requirement for a landscaped
strip between any privacy area and
any lot line for maisonettes; and,
iii) No requirement for a landscaped
strip between adjacent to every
portion of any lot that abuts a
street.
Notwithstanding Section 4.13.1 "Daylight Triangles" the following shall apply:
(a)
Any lot located at the intersection of two or more roads or railway rights-of-
way will require a minimum yard of 1.8 m from the hypotenuse of the
daylight triangle. Stairs and walkways shall be permitted to project no closer
than 0.5 m from the lot hypotenuse of the daylight triangle.
Notwithstanding Subsection 4.19 (d), the following shall apply:
(a)
Balconies, canopies, unenclosed porches and decks, including a cold cellar
underneath same, may project into any yard 2.0 metres; and,
(b)
Stairs may project into any required front yard and flankage yard a distance
of not more than 3.0 metres.
Notwithstanding Subsection 6.10.5 (a)(1) of the Multiple Residential "RM3" Zone,
the following regulations shall apply:
(a)
Minimum Number of Parking Spaces
PART 6
RESIDENTIAL ZONES
RES-267
i)
2 parking spaces for each maisonette and townhouse dwelling unit, 1
parking space for each stacked townhouse, and 0.2 visitor parking
spaces for each maisonette, stacked townhouse and townhouse
dwelling unit.
ii)
Tandem parking is permitted for non-visitor parking spaces.
By-law 23-194-
"RM3-74" 860 and 884 Barton Street, Schedule "A" Map No. 7 (Block 2)
OLT
In addition to Subsection 6.10.2, Stacked Townhouses shall be a permitted use.
In addition to Part 2, Definitions, on those lands zoned "RM3-74" by this By-law, the
following definition shall apply:
Stacked Townhouses
Means a building other than a townhouse dwelling, or apartment dwelling
containing more than three (3) attached dwelling units that are divided
horizontally and/or vertically, each with an entrance that is independent or
through a common vestibule.
For the purposes of regulations contained within Sections 6.10 and 4.19 and within
this By-law, the boundary of the subject lands zoned "RM3-74" shall be deemed to
be the lot lines for this purpose and the regulations of the "RM3-74" Zone, and not
from individual properties or boundaries created by registration of a condominium
plan or created by Part Lot Control.
Notwithstanding Subsections 6.10.3 (c), (d), (f), (h), (i), (j), (l) and (m) of the Multiple
Residential "RM3" Zone, the following regulations shall apply:
(c)
Minimum Front Yard
4.5 metres, except for 6.0 metres to an
attached garage
(d)
Minimum Side Yard
6 metres, except for 4.5 metres for a
flankage yard
(f)
Minimum Rear Yard
5.5 metres
PART 6
RESIDENTIAL ZONES
RES-268
(h)
Minimum Distance Between
Buildings on the Same Lot
14 metres, except 3 metres between end
walls and 9 m between an end and a rear
wall
(i)
Maximum Density
75 units per hectare
(j)
Maximum Building Height
12.0 metres
(l)
Privacy Area
No privacy area shall be required for
maisonette or stacked townhouse uses
(m) Minimum Landscaped Open Space
i) Not less than 35 percent, including
privacy areas;
ii) No requirement for a landscaped
strip between any privacy area and
any lot line for maisonettes; and,
iii) No requirement for a landscaped
strip between adjacent to every
portion of any lot that abuts a
street.
Notwithstanding Subsection 4.19 (d), the following shall apply:
(a)
Balconies, canopies, unenclosed porches and decks, including a cold cellar
underneath same, may project into any yard 1.0 metres.
Notwithstanding Subsection 6.10.5 (a)(1) of the Multiple Residential "RM3" Zone,
the following regulations shall apply:
(a)
Minimum Number of Parking Spaces
i)
2 parking spaces for each maisonette and townhouse dwelling unit, 1
parking space for each stacked townhouse, and 0.2 visitor parking
spaces for each maisonette, stacked townhouse and townhouse
dwelling unit.
PART 6
RESIDENTIAL ZONES
RES-269
ii)
Tandem parking is permitted for non-visitor parking spaces.
Subsection 6.1.12 of the By-law shall also apply to maisonette and Stacked
Townhouse dwellings.
By-law 24-226
"RM3-75(H)" 582 and 584 Highway No. 8, Schedule "A" Map No. 7
In addition to Part 2 - Definitions as it relates to Landscaped Strip, unenclosed porches,
stairs, sidewalks/walkways, and points of ingress and egress shall be permitted to be
located within a required landscaped strip.
Notwithstanding the provisions of Paragraph (d) of Section 4.19.1, on those lands
zoned "RM3-75(H)" by this By-law, the following shall apply:
(a)
Yard Encroachments
(i)
Balconies, canopies, and decks,
including a cold cellar underneath
same, may project into any required
front yard not more than 1.5 metres
except
unenclosed
porches
and
associated stairs may project into any
required front yard not more than 2.0
metres.
(ii)
Balconies,
canopies,
unenclosed
porches and decks may project into
any required rear yard not more than
4.0 metres. Partially enclosed stairs
may project into any required rear
yard not more than 5.0 metres.
(iii) Balconies and decks may project into
a privacy area of a townhouse
development not more than 4.5
metres.
(iv) Notwithstanding the foregoing, any
deck or patio which is less than 0.3
PART 6
RESIDENTIAL ZONES
RES-270
metres in height may be located in
any required yard.
Notwithstanding paragraphs (a), (c), (e), (g), (i), (j), (k), (m) 2., and (m) 4. of Section
6.10.3, on those lands zoned "RM3-75(H)" by this by-law, the following shall apply:
(a)
Minimum Lot Area
-
3,060 square metres
(b) Minimum Front Yard
-
3.1 metres
(c)
Minimum
Side
Yard
for
Apartment Buildings Westerly
-
3.1 metres, except 9.5 metres for any
portion of a building exceeding 5.5
metres in height.
Easterly
-
2.8 metres, except 9.5 metres for any
portion of a building exceeding 5.5
metres in height.
(d) Minimum
Rear
Yard
for
Apartment Buildings
-
8.1 metres
(e)
Maximum Density
-
164 units per hectare
(f)
Maximum Building Height
-
13.3 metres
(g) Maximum Lot Coverage
-
42 percent
(h) Minimum Landscaped Open
Space
1.
Not less than 40 percent of the lot
area
for
apartments
shall
be
landscaped.
2.
A
landscaped
strip
having
a
minimum width of 3.1 metres shall be
provided and thereafter maintained
adjacent to every portion of any lot
that abuts a street except for unclosed
porches, stairs, sidewalks/ walkways,
and points of ingress and egress.
Notwithstanding the provision of Section 3.8 "Holding Zones", on those lands zoned
"RM3-75(H)" by this By-law, the Holding '(H)' symbol may be removed and thereby
PART 6
RESIDENTIAL ZONES
RES-271
give effect to the "RM3-75" Zone provisions, upon completion of the following:
(a)
That the Owner confirms that the construction of the municipal sanitary
sewer along Dewitt Road has been completed and is fully operational to
provide sewer capacity for the proposed development, to the satisfaction of
the Director of Growth Management and Chief Development Engineer.
(b)
That the Owner has paid a proportionate share of the costs associated with
the municipal sanitary sewer construction along Dewitt Road, to the
satisfaction of the Director of Growth Management and Chief
Development Engineer.
By-law 24-216-
"RM3-76" 157 Upper Centennial Parkway, Schedule "A" Map No. 16
OLT
1. Notwithstanding Part 2 - Definitions, for the purposes of zoning the lands shown as
RM3 -76 on Schedule "A" of this by-law Taverny Road shall be deemed the Lot
Frontage
2. Notwithstanding anything to the contrary or the creation of property boundaries
between units or common elements by registration of a plan of condominium, the
zoning regulations for development in the RM3-76 zone, as set out herein, shall be
applied to the entirety of the block of land zoned RM3-76 and not the individual units
or parcels of tied land created and associated with a plan of condominium registration.
3. Notwithstanding the provisions of paragraph (d) of Section 4.19 Yard
Encroachments, the following provisions shall apply:
(a) Balconies, canopies, unenclosed porches and decks, including a cold cellar
underneath same, may project into any yard 1.8 metres.
(b) Stairs may project into any required front yard and flankage yard a distance of not
more than 3.0 metres.
4. Notwithstanding the provisions of Paragraphs (c), (f), (h), (i), (j), (l), and (m), of
Subsection 6.10.3 of the Multiple Residential "RM3" Zone, on those lands zoned
Multiple Residential "RM3-76-H" Zone, Modified by this By-law, the following shall
apply:
(a) Minimum Front Yard
4.8 metres
PART 6
RESIDENTIAL ZONES
RES-272
(b) Minimum Rear Yard for Maisonettes,
Townhouses and Dwelling Groups
4.5metres
(c) Minimum Distance Between Buildings on the
Same Lot
13 metres, except 3 metres
between end walls and 9
metres between an end
wall and a rear wall
(d) Maximum Density
52 units per hectare
(e) Maximum Building Height
12 metres
(f)
No privacy area shall be required for
townhouse units fronting Taverny Road, or
maisonette townhouse uses
(g) Minimum Landscaped Open Space
(a)
A minimum of 35 percent, including privacy areas
(b)
No requirement for a landscaped strup between any privacy area and
any lot line for maisonettes, or
(c)
No requirement for a landscaped strip adjacent to every portion of any
lot that abuts a street
5. Notwithstanding Subsection 6.10.5 (e) and 6.1.8 (c), no parking space shall be
provided closer than 2.0 metres to any dwelling units located on the same lot.
6. Subsection 6.1.12 of the By-law shall also apply to maisonette and Stacked
Townhouse dwellings.
7. On those lands zoned Multiple Residential "RM3-76" Zone, Modified by this By-law,
the "H" symbol may be removed by way of an amending Zoning By-law, from all the
lands subject to this provision once the owner does the following:
The Owner shall have entered into a cost sharing agreement with Alinea Land
Corporation which will require the Owner to pay its proportionate share of the cost of
the construction of any downstream improvements to the storm conveyance system
from the downstream outside limit of the stormwater management pond block on the
adjacent property (198 First Road West), such downstream improvements to include
the roadside ditches along Upper Centennial Parkway, Mud Street East including all
necessary culvert upgrades any downstream monitoring and remediation costs
required to provide for proper conveyance of the post development drainage from 157
PART 6
RESIDENTIAL ZONES
RES-273
Upper Centennial Parkway and 198 First Road West. Such costs are to be calculated
on a contributory area and percent impervious basis, in respect of costs associate with
the land and construction and other reasonable and related costs of the stormwater
conveyance system net of any monies recoverable from the City of Hamilton. These
costs shall be calculated by the engineering consultant for Alinea in a timely manner
and agreed upon by an engineering consultant retained by the owners of 157 Upper
Centennial Parkway and shall be paid to Alinea prior to the lifting of the Hold Symbol.
If agreement regarding the costs is not reached, they shall be determined by arbitration
pursuant to the Ontario Arbitration Act, all to the satisfaction of the Senior Director
of Growth Management.
By-law 25-002-
"RM3-77(H)" Schedule "A", Map No. 10
OLT
1. For the purpose of the definitions contained in Part 2 and the regulations
contained in Sections 4.10, 4.13, 4.19, 6.1, and 6.10 of the City of Stoney
Creek Zoning By-law No. 3692-92, as amended by this By-law, the boundary
of the RM3-77(H) Zone, shall be deemed to be the lot lines for this purpose,
and the regulations of the RM3-77(H) Zone shall be from the boundaries of
this zone.
2. That in addition to the requirements of Part 2 of Zoning By-law 3692-92, the
following definitions shall apply to those lands Zoned "RM3-77(H)" of this
By-law:
(a) "Dwelling - Stacked Townhouse" means a building divided vertically and
horizontally, not more than two dwelling units in height, containing not
less than three and not more than eighteen dwelling units, with a separate
outside entrance to each unit at grade.
(b) "Dwelling Group" means a group of more than one maisonette,
townhouse, stacked townhouse or apartment or any combination thereof.
(c) "Family Friendly Units" means dwelling units of any building type that
have 2 or more bedrooms.
3. Notwithstanding the provisions of Paragraph (a) and (c) of Subsection 4.9.1
Minimum "Loading Regulations - General Applications", the following shall
apply:
(a) Location- All loading spaces required for any use permitted by the By-law
shall be exterior loading spaces provided on the same lot upon which the
PART 6
RESIDENTIAL ZONES
RES-274
use is located and shall not be located within a front yard or a required
flankage side yard;
(b) Dimensions - Each loading space shall not be less than 13 metres long and
3.5 metres wide and have a vertical clearance of not less than 4.3 metres;
4. In addition to the provisions of Subsection 4.19 "Yard Encroachments", and
notwithstanding the provisions of Paragraph (d) of Subsection 4.19 Yard
Encroachments, the following shall apply:
(a) A retaining wall may be a permitted encroachment in any required yard.
(b) Balconies, canopies, unenclosed porches and decks may project into any
required front yard 2.0 metres.
5. Notwithstanding the provisions of Paragraph (a) and (b) of Subsection 4.10.3
and the provisions of Paragraph (d) of Section 6.1.8 "Parking Restrictions in
Residential Zones" of Zoning By-law 3692-92, on those lands zoned "RM3-
77(H)" by this By-law, the following shall apply:
(a) Parking Spaces shall have a minimum width of not less than 2.7 metres
and a length of not less than 5.8 metres and a parking space within a private
residential garage shall not be less than 2.7 metres in width or less than 5.8
metres in length.
6. Notwithstanding the provisions of Section 4.10.9, the provisions of Section
6.1.8 (c) and the provisions of Paragraphs (a), and (e), of Subsection 6.10.5
"Regulations for Parking" of the Multiple Residential "RM3" Zone, on those
lands zoned "RM3-77(H)" by this By-law, Section 6.10.5 (a) shall be deleted
and replaced with the following:
(a)
Minimum Number of Parking Spaces
Apartment Unit: 1
spaces per unit 3.5
Storey Stacked
Townhouse,
Maisonette or
Townhouse: 2 spaces
per unit 4 Storey
Stacked Townhouse:
1.36 spaces per unit
(b)
Where there is a grouping of 3 or more parking spaces, no parking
space shall be provided closer than 2.0 meters to a building for a
PART 6
RESIDENTIAL ZONES
RES-275
Stacked Townhouse on the same lot, except when located in a
private garage or underground garage.
7. Notwithstanding the provisions of Section 6.10.2 "Permitted Uses or Each
Lot" of the Multiple Residential "RM3" Zone, on those lands zoned "RM3-
77(H)" by this By-law Stacked Townhouse is added as a permitted use.
8. In addition to the provisions of Section 6.10.3 and notwithstanding the
provisions of Paragraphs (c), (d), (f), (i), (j), (l), (m)1. and 4., of Section 6.10.3
of the Multiple Residential "RM3" Zone, on those lands zoned "RM3-77(H),
Zone Modified, Holding by this By-law, the following shall apply:
(a)
Minimum Front Yard
Maisonette, Townhouse,
Stacked Townhouse: 4.5
metres
May include exhaust vents
and intake vents with a
maximum height of 0.15m
Apartment Building: 9.4 m,
except
Floors 4 to 6: 16.0 metres
Floor 7: 19.0 metres
Floor 8: 21.0 metres
(b)
Minimum Side Yard
Maisonette, Townhouse,
Stacked Townhouse: 3.0
metres May include exhaust
vents and intake vents with a
maximum height of 0.15
metres
(c)
Minimum Rear Yard
Stacked Townhouse: 3.5
metres
(d)
Maximum Density
197 units per hectare
(e)
Maximum Building Height
Stacked Townhouse: 13.0
metres
Apartment Building: 28.0
metres
PART 6
RESIDENTIAL ZONES
RES-276
(f)
Privacy Area
Stacked Townhouse: Private
Amenity Space may be
provided on a balcony or patio
and shall have a minimum
depth of 1.5 metres.
(g)
Minimum Landscaped Open
Space
1. Not less than 41% of the lot
area for the dwelling group.
2. A landscape strip abutting a
street line is not required.
(h)
Minimum Number of Family
Friendly Units within the
Dwelling Group
150 units
9. The Holding "H" symbol may be removed from those lands zoned "RM3-
77(H)" at such time as the following condition is satisfied: 1. The
demonstration that there is adequate water and sanitary capacity to service the
proposed development, to the satisfaction of the Senior Director, Growth
Management.
By-law 26-021-
"RM3-80" 286 Lewis Road, Schedule "A", Map No. 7
OLT
1. For the purposes of regulations contained within Sections 6.10 and 4.19 and within
this By-law, the boundary of the subject lands zoned "RM3-80" shall be deemed to
be the lot lines for this purpose and the regulations of the "RM3-80" Zone, and not
from individual properties or boundaries created by registration of a condominium
plan or created by Part Lot Control.
2. Notwithstanding Part 2 - Definitions as it relates to the definitions of "Dwelling -
Maisonette", "Highway", "Street", "Lot Line - Flankage", and "Lot Line - Front" of
Part 2 - Definitions, on those lands zoned "RM3-80" by this By-law, the following
definitions shall apply:
(a) "Dwelling - Maisonette" means back-to-back townhouse dwellings,
containing not more than sixteen dwelling units.
(b) "Lot Line - Flankage" means any lot line abutting a street, except the Lot Line
PART 6
RESIDENTIAL ZONES
RES-277
- Front.
(c) "Lot Line - Front" means the Westerly lot line abutting a street having a length
of 72.73 metres.
3. In addition to the provisions of Subsection 4.19.1 and notwithstanding the
provisions of paragraph (d) of Subsection 4.19.1, on those lands zoned "RM3-80"
by this By-law, the following shall apply:
(d) Yard Encroachments
1. Stairs may project into any required yard to
a maximum of3.5 metres;
2. A porch, deck or canopy may project into
any required front yard to a maximum of
2.0metres or into a required rear yard to a
maximum of 4.5 metres; and,
3. Balconies may project into a required front
yard to a maximum of 2.0 metres and may
project into a required rear yard or side yard
to a maximum of 2.0 metres.
4.
Notwithstanding the provisions of paragraphs (c), (d), (f), (h), (i), (j), (k), (l)and
(m) of Subsection 6.10.3, on those lands zoned "RM3-80" by this By-law, the
following shall apply:
(c)
Minimum Front Yard
3.0 metres, except 5.8 metres to the
garage
(d)
Minimum Side Yard and
Flnakage Yard for
Maisonettes
2.0 metres.
(f)
Minimum Rear Yard for
Maisonettes and Townhouses
6.0 metres, except 2.0 metres to an
end wall.
(h)
Minimum Distance Between
Buildings on the Same Lot
1. 12.0 metres between front walls;
and,
2. 2.4 metres between end walls of a
block townhouse and/or a block
maisonette unit.
PART 6
RESIDENTIAL ZONES
RES-278
(i)
Maximum Density
65.0 units per hectare.
(j)
Maximum Building Height
13.5 metres.
(k)
Maximum Lot coverage
Shall not apply.
(l)
Minimum Privacy Area
1. Each townhouse unit shall have at
least one area which serves as a
privacy area which shall be
adjacent to the dwelling unit with
a minimum depth of3.5 metres;
and,
2. No privacy area shall be required
for a maisonette unit.
(m) Minimum Landscaped Open
Space
1. 20 percent, except that a
landscaped strip shall not be
required between privacy areas
and any lot line, nor adjacent to
any portion of any lot that abuts a
street.
5.
Notwithstanding the provisions of paragraphs (a) 1., (d), and (e) of Subsection
6.10.5 and paragraph (c) of Subsection 6.1.8, on those lands zoned "RM3-80"
by this By-law, the following shall apply:
(a)
Minimum Number of Parking
Spaces
2 parking spaces, and 0.2 visitor
parking spaces for each maisonette
and townhouse dwelling unit. Tandem
parking is permitted for non-visitor
parking spaces.
(b)
Minimum Setback Between a
Parking Space and Any
Dwelling Unit Located on the
Same Lot
Where there is a grouping of three or
more parking spaces, no parking space
shall be provided closer than 1.2
metres to any dwelling unit located on
the same lot, except that the
provisions of this clause shall not
apply to any parking space located
within an underground garage.
PART 6
RESIDENTIAL ZONES
RES-279
6.
In addition to Subsection 6.1.12, on those lands zoned "RM3-80" by this By-
law, the provisions shall apply to a "Dwelling - Maisonette"."
By-law 26-021- "RM3-81" 286 Lewis Road, Schedule "A" Map No. 7
OLT
1.
For the purposes of regulations contained within Sections 6.10 and 4.19 and
within this By-law, the boundary of the subject lands zoned "RM3-81" shall be
deemed to be the lot lines for this purpose and the regulations of the "RM3-81"
Zone, and not from individual properties or boundaries created by registration
of a condominium plan or created by Part Lot Control.
2.
In addition to the permitted uses of Section 6.10.2, on those lands zoned "RM3-
81" by this By-law, a "Dwelling - Stacked Townhouse" shall be a permitted
use.
3.
Notwithstanding Part 2 - Definitions as it relates to the definition of "Dwelling-
Stacked Townhouse", "Highway", "Street", "Lot Line - Front", and "Lot Line-
Rear", on those lands zoned "RM3-81" by this By-law, the following
definitions shall apply:
(a)
"Dwelling - Stacked Townhouse" means a building other than a
townhouse dwelling, or apartment dwelling containing more than three (3)
attached dwelling units that are divided horizontally and/or vertically,
each with an entrance that is independent or through a common vestibule.
(b)
"Lot Line - Front" means the lot line adjacent to Highway No. 8.
(c)
"Lot Line - Rear" means the northerly lot line measuring 32.0 metres
adjacent to Street 'A'.
4.
Notwithstanding the provisions of Subsection 4.13, on those lands zoned "RM3-
81" by this By-law, the following shall apply:
(a)
Daylight Triangles
1. Any lot located at the intersection
of two or more roads or railway
rights-of-way will require a
minimum yard of1.8 metres from
the hypotenuse of the daylight
triangle; and,
2. Stairs and walkways shall be
permitted to project no closer than
0.5 metres from the hypotenuse of
PART 6
RESIDENTIAL ZONES
RES-280
the daylighttriangle.
5.
In addition to the provisions of Subsection 4.19.1 and notwithstanding the
provisions of paragraph (d) of Subsection 4.19.1, on those lands zoned "RM3-
81" by this By-law, the following shall apply:
(d)
Yard Encroachments
1. Stairs may project into any
required yard to a maximum of 3.0
metres; and,
2. Balconies, canopies, unenclosed
porches and decks may project
into any required yard to a
maximum of 2.0 metres.
6.
Notwithstanding the provisions of Paragraphs (c), (d), (f), (h), (i), (j), (k), (l)and
(m) of Subsection 6.10.3, on those lands zoned "RM3-YYB" by this By-law,
the following shall apply:
(c)
Minimum Front Yard
4.0 metres.
(d)
Minimum Side Yard
1.8 metres, except 3.0 metres for a
flankage yard
(f)
Minimum Rear Yard
2.5 metres.
(i)
Maximum Density
90 units per hectare.
(j)
Maximum Building Height
13.5 metres.
(k)
Maximum Lot coverage
Shall not apply.
(l)
Minimum Privacy Area
1. Each townhouse unit shall have at
least one area which serves as a
privacy area which shall be
adjacent to the dwelling unit with
a minimum depth of 6.0 metres;
2. Each maisonette unit shall have a
privacy area on an attached
balcony with a minimum area of
5.0square metres; and,
PART 6
RESIDENTIAL ZONES
RES-281
3. No privacy area shall be required
for a stacked townhouse unit.
(m) Minimum Landscaped Open
Space
25 percent, including privacy areas,
except that landscaped strips shall not
be required between privacy areas and
any lot line, nor adjacent to any
portion of any lot that abuts a street.
7.
Notwithstanding the provisions of paragraph (a) 1., (d), and (e) of subsection
6.10.5 and Paragraph (c) of Section 6.1.8, on those lands zoned "RM3-81" by
this By-law, the following shall apply:
(a)
Minimum Number of Parking
Spaces
2 parking spaces and 0.2 visitor
parking spaces for each maisonette,
stacked townhouse, and townhouse
dwelling unit. Tandem parking is
permitted for non-visitor parking
spaces.
(b)
Minimum Setback Between a
Parking Space and Any
Dwelling Unit Located on the
Same Lot
Where there is a grouping of three or
more parking spaces, no parking space
shall be provided closer than 1.2
metres to any dwelling unit located on
the same lot, except that the
provisions of this clause shall not
apply to any parking space located
within an underground garage
8.
In addition to Subsection 6.1.12, on those lands zoned "RM3-81" by this By-
law, the provisions shall apply to a "Dwelling - Maisonette" and a "Dwelling -
Stacked Townhouse".
PART 6
RESIDENTIAL ZONES
RES-282
SECTION 6.11
MULTIPLE RESIDENTIAL "RM4" ZONE
6.11.1
Scope
No person shall within any Multiple Residential "RM4" Zone, use any land or
erect, alter or use any building or structure except in accordance with the
following provisions:
6.11.2
Permitted Uses For Each Lot
(a) Apartment Dwellings
By-law 4200-95
(b)
A Home Occupation
(c) Uses, buildings or structures accessory to a permitted use
6.11.3
Regulations For Permitted Uses
(a) Minimum Lot Area - 4,000 square metres
(b) Minimum Lot Frontage - 45 metres
(c)
Minimum Front Yard
-
7.5 metres except as provided in
subsection (f)
(d)
Minimum Side Yard
-
7.5 metres except as provided in
subsection (f)
Minimum Flankage Yard -
9.0 metres except as provided in
PART 6
RESIDENTIAL ZONES
RES-283
subsection (f)
(e) Minimum Rear Yard - 7.5 metres except as provided in
subsection (f)
(f)
Increased Yards
-
Front yard, side yard and rear yard
requirements shall each be increased by 1
metre for each 3 metres or part thereof by
which the building exceeds a height of 15
metres.
(g) Maximum Lot Coverage -
35 percent
By-law 4470-96
(h)
Maximum Residential Density - 100 dwelling units per hectare
(i)
Maximum Building Height - 25 metres
By-law 3863-93
(j)
Minimum Landscaped Open Space
1.
The landscaped area shall not be less than 50 percent of the lot area
of which at least 25 percent shall be in one area which is not in the
front yard.
2.
A landscaped strip having a minimum width of 4.5 metres shall be
provided and thereafter maintained adjacent to every portion of any
lot that abuts a street except for points of ingress and egress.
(k)
Minimum distance between residential buildings on the same lot - 21
metres
(l)
The minimum total of all the amenity areas shall be as set forth in the
following table:
Type of Dwelling Unit
Minimum Amenity Area
Bachelor Unit
1.5 square metres per unit
One Bedroom Unit
2 square metres per unit
Two Bedroom Unit
3 square metres per unit
Three Bedroom Unit
4 square metres per unit
Four Bedroom Unit
4 square metres per unit
Not less than 10 percent of the total of the amenity areas shall be
PART 6
RESIDENTIAL ZONES
RES-284
provided inside the applicable apartment building, and such inside area
shall not be less than 93 square metres.
6.11.4
Regulations For Parking
(a)
Minimum Number of Parking Spaces
1.
1.25 parking spaces and 0.35 visitor parking spaces for each
bachelor or one bedroom apartment dwelling unit.
2.
1.5 parking spaces and 0.35 visitor parking spaces for each two
bedroom apartment dwelling unit.
3.
1.75 parking spaces and 0.35 visitor parking spaces for each
apartment dwelling unit having three or more bedrooms.
(b)
No common parking space shall be located closer than 3 metres from a
single detached, semi-detached or duplex residential zone.
(c)
At least 60 percent of the required tenant parking shall be underground
and/or within the apartment buildings. Underground parking shall not be
bound by setback requirements; however, underground parking above
grade shall be setback a minimum of 3 metres from any lot line.
6.11.5
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 4.5 and 6.1.4.
6.11.6
Special Exemptions
RM4 - 1 100, 110 Stoneybrook Drive, Schedule "A", Map No. 6
Notwithstanding the provisions of Section 6.11.4 of the Multiple Residential
"RM4" Zone, on those lands zoned "RM4-1" by this By-law, the minimum
number of parking spaces shall be 1.25 spaces per dwelling unit or part
thereof, of which 60 percent shall be underground and located within the
apartment building. If such lands are used for residential accommodation for
senior citizens, then the minimum parking requirement shall be 1 parking
space for each 3 dwelling units, or part thereof, all of which may be located
outside the building and above ground.
PART 6
RESIDENTIAL ZONES
RES-285
RM4 - 2 351 Isaac Brock Drive, Schedule "A", Map No. 15
In addition to the uses permitted in Section 6.11.2 of the Multiple Residential
"RM4" Zone, on those lands zoned "RM4-2" by this By-law, a lodging home
having a maximum of 34 beds may be permitted on the first floor of the
existing building.
By-law 05-211
RM4-3(H) East Side of First Road West, North of Mud Street, Schedule
"A", Map No. 11
Deleted by By-law No. 05-211 dated July 13, 2005.
By-law 5227-00 RM4-4 East side of Millen Road, north side of Cherry Beach
(private) Road, Part of Lot 18, Broken Front Concession,
Schedule "A", Map No. 1
Notwithstanding paragraph (a) of Subsection 4.13.2 of Part 4, General
Provisions, a minimum yard of 28 metres from the top of bank of the Lake
Ontario shoreline shall be provided.
By-law 03-323
Notwithstanding the permitted uses in Subsection 6.11.2 of the Multiple
Residential "RM4" Zone and notwithstanding the definition of Dwelling -
Apartment, Part 2 - Definitions, on those lands zoned "RM4-4" by this by- law,
the following uses shall also be permitted: Six 2 storey residential buildings,
each containing 4 stacked apartment units.
Notwithstanding the provisions of paragraphs (c), (j) (2), (k) and (l) of
Section 6.11.3 of the Multiple Residential "RM4" Zone, on those lands zoned
"RM4-4" by this by-law, the following provisions shall only apply to the six
2-storey residential buildings:
1. Minimum Front Yard: 3 metres.
2. Minimum Landscaped Open Space: A landscaped strip having a minimum
width of 3 metres shall be provided and thereafter maintained adjacent to
every portion of any lot line that abuts a street except for points of ingress
and egress.
3. Minimum Distance between residential buildings on the same lot: 5.5 metres.
4. Minimum amenity Area: no inside amenity area shall be required.
PART 6
RESIDENTIAL ZONES
RES-286
Under Subsection 6.11.6, Special Exemptions, the Multiple Residential
"RM4-4" Zone be modified as follows:
Notwithstanding paragraph (a) of Subsection 4.13.2 of Part 4, General
Provisions, a minimum yard of 26.25 metres from the top of bank of the Lake
Ontario shoreline shall be provided.
By-law 06-164
RM4-5(H) Part of Lot 32, Concession 7, Schedule "A", Map No. 10
In addition to the uses permitted in Subsection 6.11.2 of the Multiple Residential
"RM4" Zone, on those lands zoned "RM4-5(H)" by this By-law, the following
shall be permitted:
(d) Stormwater Management Facility
On those lands zoned "RM4-5(H)" by this By-law, the "H" symbol may be
removed by a further amendment to this By-law at such time as:
(a)
the completion of the Rymal Road Planning Area Master Plan Class
Environmental Assessment Study requirements to the satisfaction of the
General Manager of Public Works; and,
(b)
approval of the Traffic Impact Study submitted by Delcan dated
September, 2005 by the Manager of Traffic Engineering & Operations,
Public Works.
City Council may remove the "H" symbol and thereby give effect to the Zone
provisions by enactment of an amending By-law once the conditions are fulfilled.
By-law 10-278
RM4-6
315 and 319 Highway No. 8, Schedule "A", Map No. 6
In addition to the permitted uses of Section 6.11.2, on those lands zoned "RM4-
6" by this By-law, the following uses shall only be permitted in conjunction with
residential units above the ground floor: Retail Stores, Professional or Business
Offices, Personal Service Shops, including Dry Cleaning Depot, Art Gallery,
Pharmacy, Restaurants-Convenience, Financial Institutions, Child Care
Centres.
The commercial uses shall only be permitted to locate on the ground floor,
and shall not exceed a total of 610 square metres gross floor area.
PART 6
RESIDENTIAL ZONES
RES-287
Notwithstanding the provisions of Paragraphs (a), (c), (d), (e), (h), (i), and (j) of
Section 6.11.3 "Regulations For Permitted Uses" of Zoning By-law No. 3692-92,
on these lands zoned "RM4-6" by this By-law, the following shall apply:
Regulations For Permitted Uses:
(a)
Minimum Lot Area - 3,350 square metres.
(c)
Minimum Front Yard - 6 metres
(d) Minimum Easterly Side Yard - 7.5 metres
Minimum Westerly Side Yard - 16.5 metres for the first 5 storeys of the
building and 21.3 metres for the 6th and 7th storeys of the building.
(e) Minimum Rear Yard - 18 metres for the first 4 storeys of the building,
20.5 metres for the 5th storey of the building, 22 metres for the 6th storey
of the building and 26.5 metres for the 7th storey of the building.
(h)
Maximum Residential Density - 132 units per hectare
(i)
Maximum Building Height - 25 metres and 7 storeys
(j)
Minimum Landscaped Open Space
1.
The landscaped open space shall not be less than 24% of the lot
area of which at least 400 square metres landscaped area shall be
located in the rear yard.
2.
A landscaped strip having a minimum width of 4.5 metres shall be
provided and thereafter maintained adjacent to every portion of any
lot that abuts a street except for points of ingress and egress.
Walkways and pathways shall be permitted within the required
landscaped strip.
Notwithstanding the provisions of Paragraphs (a) and (c) of Section 6.11.4
"Regulations For Parking", and Section 4.10 "Parking Requirements" of Zoning
By-law No. 3692-92, on those lands zoned "RM4-6" by this By-law, the
following shall apply:
(a) Minimum Number of Parking Spaces:
- 1.0 parking space for each dwelling unit, which shall be located
underground and/or within the building;
- 0.35 visitor parking spaces for each dwelling unit; and,
- 1.0 parking space for each 28.0 square metres of commercial floor
area.
(c)
Underground parking shall not be bound by setback requirements;
however, underground parking above grade shall be setback a minimum
of 3 metres from any lot line.
PART 6
RESIDENTIAL ZONES
RES-288
Required parking spaces for perpendicular parking shall have a minimum
dimension of 2.6 metres by 5.5 metres exclusive of any lands used for access,
manoeuvring, driveways, or a similar purpose.
At least one percent of the required parking spaces, with a minimum of one
parking space, on any lot having more than 10 parking spaces, shall:
(a) Have a minimum dimension of 4.4 metres by 5.5 metres;
(b)
Be located on level ground readily accessible to an entrance to such
building; and,
(c)
Be clearly identified and reserved for the exclusive use of barrier free
parking.
Notwithstanding the provisions of Section 4.9.2 "Schedule of Required
Loading Spaces" of Zoning By-law No. 3692-92, on those lands zoned "RM4-
6" by this By-law, no loading spaces shall be required.
By-law 12-180
RM4-7
120 and 124 King Street West, Schedule "A", Map No. 5
For the purpose of this By-law, a common element condominium road shall be
deemed to be a street.
Notwithstanding the provisions of Paragraph (c) of Section 6.1.8 "General
Provisions" of Zoning By-law No. 3692-92, on those lands zoned "RM4-7" by this
By-law, the following shall apply:
(c) Where the required minimum number of parking spaces is four or more, no
parking space shall be provided closer than 1.0 metres to a lot line, except that
a parking space my be located 0.0 metres away from a private common
element condominium road.
Notwithstanding the provisions of Paragraphs (c), (h), (j), and (I) of Section 6.11.3
"Zone Regulations" of Zoning By-law No. 3692-92, on those lands zoned "RM4-
7" by this By-law, the following shall apply:
(c) Minimum Front Yard:
0.45 metres from a common element
condominium roadway.
(h) Maximum Residential Density:
165 dwelling units per hectare.
(j) Minimum Landscaped Open Space:
1. The landscaped area shall be not less than 25% of the lot area, and may
include areas above grade.
PART 6
RESIDENTIAL ZONES
RES-289
2. A landscaped strip having a minimum width of 3.9 metres shall be
provided and thereafter maintained adjacent to the rear lot line. A
landscaped strip shall not be required adjacent to a street.
(l) For the purpose of this By-law, a balcony shall be included within the
definition of amenity area. There shall be no minimum amenity area required
within an apartment building.
Notwithstanding the provisions of Paragraphs (a) and (c) of Section 6.11.4
"Regulations for Parking" of Zoning By-law No. 3692-92, on those lands zoned
"RM4-7" by this By-law, the following shall apply:
(a) Minimum Number of Parking Spaces:
1.0 spaces per unit and 0.3 visitor
parking spaces per unit.
(c) No tenant parking shall be required to be located underground or within the
apartment building.
Notwithstanding the provisions of Paragraph (a) of Section 4.10.2 "Parking
Regulations" of Zoning By-law No. 3692-92, on those lands zoned "RM4-7" by
this By-law, the following shall apply:
(a) Required visitor parking is permitted to be located on a private common
element condominium road.
Notwithstanding the provisions of Paragraph (a) and (b) of Section 4.10.3
"Parking Regulations" of Zoning By-law No. 3692-92, on those lands zoned
"RM4-7" by this By-law, the following shall apply:
(a) Required parking spaces for 90 degree perpendicular parking shall have
minimum dimensions of 2.6 metres by 5.5 metres.
(b) For other than 90 degree perpendicular parking spaces, the parking space shall
be 2.4 metres by 6.7 metres.
Notwithstanding the provisions of Paragraph (a) of Section 4.10.4 "Parking
Regulations" of Zoning By-law No. 3692-92, on those lands zoned "RM4-7" by
this By-law, the following shall apply:
(a) The minimum dimension of parking spaces designated for vehicles of the
physically challenged shall be 4.4 metres by 5.5 metres.
By-law 12-180
"RM4-8" 325 Highway No. 8, Schedule "A", Map No. 6
PART 6
RESIDENTIAL ZONES
RES-290
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i),
(j), and (l) of Section 6.11.3 "Regulations for Permitted Uses" of Zoning By-law
No. 3692-92, on those lands zoned "RM4-8" by this by-law, the following shall
apply:
Regulations for Permitted Uses
(a)
Minimum Lot Area
2,685 square metres
(b)
Minimum Lot Frontage
18.0 metres
(c)
Minimum Front Yard
2.0 metres
1.40 metres for projection at storeys
2 to 4
(d)
Minimum Easterly (Flankage)
2.20 metres
Side Yard
0.9 metres for metres for projection
at storeys 2 to 5
Minimum Westerly Side Yard
3.20 metres for storeys 1 to
3
4.20 metres for storeys 4 to 6
(e)
Minimum Rear Yard
9.0 metres for storeys 1 to 4
11.9 metres for storey 5
14.9 metres for storey 6
(f) Increased yards
n/a
(g) Maximum Lot Coverage
56%
(h) Maximum Residential Density
344 units per hectare
(i) Maximum Building Height
18.5 metres and six storeys
(j) Minimum Landscaped Open Space
PART 6
RESIDENTIAL ZONES
RES-291
1. The landscaped open space shall not be less than 27% of the lot area.
2. No landscaped strip shall be provided and thereafter maintained adjacent
to every portion of any lot that abuts a street.
3. A landscaped strip having a minimum width of 1.5 metres and an average
width of 2.25 metres shall be provided and thereafter maintained adjacent
to the portion of the lot that abuts the rear lot line.
4. A landscaped strip having a minimum width of 1 metre and an average
width of 2.0 metres shall be provided and thereafter maintained adjacent
to the portion of the lot that abuts the west lot line.
(l) Total Minimum Amenity Area
a) 1.92 square metres per dwelling unit, of which a minimum of 175 square
metres shall be provided within the building and a minimum of 175 square
metres shall be provided outside the building.
Notwithstanding the provisions of Paragraphs (a) and (c) of Section 6.11.4
Regulations for Parking, and Section 4.10 Parking Regulations of Zoning By-law
3692-92, on those lands zoned "RM4-8" by this by-law, the following shall apply:
a) Minimum Number of Parking Spaces
1.04 parking spaces and 0.35 visitor
parking spaces for each apartment
dwelling unit.
c) Underground parking shall not be bound by setback requirements; however,
a retaining wall above ground that does not include any parking spaces and
that may form part of the underground parking wall shall be setback a
minimum of 0.80 metres from the rear lot line.
Notwithstanding the provisions of Paragraph (a) of 4.10.3 Dimensions of Parking
Spaces, and Paragraph (d) of Section 6.1.8, Parking Restrictions in Residential
Zones, the following shall apply:
a) Required parking spaces for 90 degree perpendicular parking shall have
minimum rectangular dimensions of 2.6 metres by 5.6 metres exclusive of
any lands used for access, manoeuvring, driveways or a similar purpose.
Notwithstanding the provisions of Section 4.10.4, Requirement for Parking
Designated for Vehicles of Physically Challenged, and Paragraph (d) of Section
PART 6
RESIDENTIAL ZONES
RES-292
6.1.8, Parking Restrictions in Residential Zones, the following regulation shall
apply:
a) Have minimum rectangular dimensions of 4.4 metres x 5.6 metres.
Notwithstanding Section 4.13.1, Daylight Triangles, the following shall apply:
a) Have a minimum yard of 0.34 metres to the canopy of the proposed building
and 0.75 metres to the proposed building from the hypotenuse of the daylight
triangle.
Notwithstanding Section 4.19 "Yard Encroachments", for the purpose of this
section the following shall apply:
a) Planter boxes which are attached to the principal building may encroach
within the required front yard by a maximum of 2.10 metres from the main
building wall and may encroach within the required side (flankage) yard by a
maximum of 2.5 metres from the main building wall
Notwithstanding Part 2 Definitions, for the purpose of this section the following
shall apply:
a) "Lot Frontage" shall mean: "In the case of a corner lot where a daylight
triangle or a radius has been established the lot frontage is to be determined
by measuring along the front lot line segment which adjoins the hypotenuse
of the daylight triangle after the side lot line and the front lot line have been
extended to the point of intersection of the two streets".
b) "Landscaped Strip" shall mean: "an area of land devoted solely to the growing
of grass, ornamental shrubs or trees and may include fences and berms. A
padmount transformer, and air intake vent a retaining wall with a maximum
height of 1.50 metres above grade, and walkways / pathways may also be
permitted in the landscaped strip".
PART 6
RESIDENTIAL ZONES
RES-293
SECTION 6.12
MULTIPLE RESIDENTIAL "RM5" ZONE
6.12.1
Scope
No person shall within any Multiple Residential "RM5" Zone, use any land or
erect, alter or use any building or structure, except in accordance with the
following provisions:
6.12.2
Permitted Uses For Each Lot
(a) Apartment Dwellings
By-law 4200-95
(b)
A Home Occupation
(c) Uses, buildings or structures accessory to a permitted use
6.12.3
Zone Regulations
(a) Minimum Lot Area - 1 hectare
(b) Minimum Lot Frontage - 60 metres
(c)
Minimum Front Yard - 7.5 metres except as provided in
subsection (f) below
(d)
Minimum Side Yard - 7.5 metres except as provided in
subsection (f)
Minimum Flankage Yard
-
9 metres except as provided in
subsection (f)
(e)
Minimum Rear Yard - 7.5 metres except as provided in
subsection (f)
(f)
Increased Yards - Front yard, side yard and rear yard
requirements
shall
each
be
increased by 1 metre for each 3
metres or part thereof by which
the building exceeds a height of
15 metres.
(g)
Maximum Lot Coverage
-
35 percent
(h) Maximum Residential Density - 150 dwelling units per hectare
PART 6
RESIDENTIAL ZONES
RES-294
(i) Maximum Building Height - none
PART 6
RESIDENTIAL ZONES
RES-295
By-law 3863-93
(j)
Minimum Landscaped Open Space
1.
The landscaped area shall not be less than 50 percent of the lot area
of which at least 25 percent shall be in one area which is not in the
front yard.
2.
A landscaped strip having a minimum width of 4.5 metres shall be
provided and thereafter maintained adjacent to every portion of any lot
that abuts a street except for points of ingress and egress.
(k)
Minimum distance between residential buildings on the same lot - 21
metres.
(l)
The minimum total of all the amenity areas shall be as set forth in the
following table:
Type of Dwelling Unit
Minimum Amenity Area
Bachelor Unit
1.5 square metres per unit
One Bedroom Unit
2 square metres per unit
Two Bedroom Unit
3 square metres per unit
Three Bedroom Unit
4 square metres per unit
Four Bedroom Unit
4 square metres per unit
Not less than 10 percent of the total of the amenity areas shall be
provided inside the applicable apartment building, and such inside area
shall not be less than 93 square metres.
6.12.4
Regulations For Parking
(a)
Minimum Number of Parking Spaces
1.
1.25 parking spaces and 0.35 visitor parking spaces for each
bachelor or one bedroom apartment dwelling unit.
2.
1.5 parking spaces and 0.35 visitor parking spaces for each two
bedroom apartment dwelling unit.
3.
1.75 parking spaces and 0.35 visitor parking spaces for each
apartment dwelling unit having three or more bedrooms.
PART 6
RESIDENTIAL ZONES
RES-296
(b)
No common parking space shall be located closer than 3 metres from a
single detached, semi-detached or duplex residential zone.
By-law 3863-93
(c)
All tenant parking shall be provided underground. Underground parking
shall not be bound by setback requirements; however, a parking structure
located above ground shall be setback a minimum of 3 metres from any
lot line, except as required in clause (b) above.
6.12.5
Regulations For Accessory Buildings
Accessory buildings are permitted in accordance with Section 4.5 and 6.1.4.
6.12.6
Special Exemptions
RM5 - 1 28, 32, 34, 38 King Street West, Schedule "A", Map No. 5
In addition to the uses permitted in Section 6.12.2 of the Multiple Residential
"RM5" Zone, on those lands zoned "RM5-1" by this By-law, personal service
shops or professional and business offices on the ground floor may also be
permitted.
By-law 5098-00
RM5 - 2
Lot 21, Broken Front Concession, North of the North Service
Road, West of Green Road, Schedule "A", Map No. 1
Repealed by By-law No. 5098-00
RM5 - 3(H) Northwest Corner of Mud Street and Isaac Brock Drive
North, Schedule "A", Map No. 10
Notwithstanding the provisions of paragraphs (h) and (i) of Section 6.12.3 of the
Multiple Residential "RM5" Zone, on those lands zoned "RM5-3(H)" by this By-
law, the maximum residential density shall be 99 units per net residential hectare
and the maximum building height shall be 18.5 metres from the centreline
elevation of Isaac Brock Drive North. The "H" symbol may be removed at such
time as the following conditions are satisfied:
1.
Development and Maintenance and Use Agreements have been entered
into by the owner with the Corporation, and
2.
The triangular-shaped parcel of land located along the west side of Isaac
Brock Drive North has been registered in the same name and title as
abutting lands.
PART 6
RESIDENTIAL ZONES
RES-297
RM5 - 4 2 Mistywood Drive, Schedule "A", Map No. 10
Notwithstanding the provisions of paragraph (a) of Section 6.12.4 of the Multiple
Residential "RM5" Zone, on those lands zoned "RM5-4" by this By-law,
the minimum parking requirement for these lands shall be 1 space for each 3
dwelling units.
RM5 - 5
Part of Block 2, Registered Plan No. 62M-649, Schedule "A",
Map No. 2
In addition to the uses permitted in Section 6.12.2 of the Multiple Residential
"RM5" Zone, those lands zoned "RM5-5" by this By-law may also be used for
block townhouses. Notwithstanding the provisions of paragraphs (a), (c), (d),
(e), (i), and (j) of Section of 6.12.3 and paragraph (a) of Section 16.12.4 of the
Multiple Residential "RM5" Zone, on those lands zoned "RM5-5" by this
By-law, the following provisions shall apply; the minimum lot frontage shall
be 23 metres for any lot intended for townhouse units and 45 metres for any lot
intended for apartment units; the minimum setback from the top of bank of the
marina basin shall be 6 metres for the bottom two storeys and 12 metres for the
balance of the apartment building; the minimum setback for any apartment
building abutting the boundary of any property zoned Open Space "OS" Zone
shall be 12 metres; 25 percent of the lot area of the lot containing apartment units
shall be provided and maintained as a landscaped strip of which a minimum of
25 percent shall be in one space having a minimum width of 6 metres at any
point and located in other than the front yard; the minimum setback from the
street shall be 40 metres for apartments and 15 metres for townhouses; the
minimum distance between buildings shall be 15 metres for apartments and
townhouse units; the minimum setback from the top of the bank of the marina
basin shall be 6 metres for townhouses but any patio deck may have a zero metre
setback; the maximum building height shall be 15 storeys but not exceeding 44
metres for apartments and 10.5 metres for townhouses; and the minimum
number of parking spaces shall be 1.5 spaces per apartment dwelling unit of
which at least 60 percent shall be provided underground or within the apartment
building and 2 spaces per townhouse dwelling unit.
In addition to the uses permitted in Section 6.12.2 of the Multiple Residential
PART 6
RESIDENTIAL ZONES
RES-298
Zone, on those lands zoned "RM5-5" by this By-law, an accessory building being
a clubhouse for a private marina, having a maximum height of 14 metres may be
erected prior to the erection of a principal building.
In addition to the provisions of Section 6.12.4 of the Multiple Residential "RM5"
Zone, on those lands zoned "RM5-5" by this By-law, a minimum of one
parking space for every 16.5 metres of gross floor area shall be provided for
the clubhouse accessory building.
RM5 - 6
Northeast Corner of Rymal Road East and First Road West,
Schedule "A", Map No. 16
Notwithstanding the provisions of paragraphs (h) and (i) of Section 6.12.3 of the
Multiple Residential "RM5" Zone, on those lands zoned "RM5-6" by this By-
law, the maximum residential density shall be 70 dwellings units per
hectare and the maximum building height shall be 6 storeys.
RM5 - 7
Blocks 4 to 13 (Inclusive), Registered Plan No. 62M-101,
South Shore Estates, Schedule "A", Map No. 1
In addition to the uses permitted in Section 6.12.3 of the Residential Multiple
"RM5" Zone, those lands zoned "RM5-7" by this By-law may be used for
retail stores, convenience food stores, day nurseries, drug stores, personal
service shops and business offices as accessory and incidental uses to an
apartment building containing a minimum of 80 dwelling units.
Notwithstanding the regulations of paragraph (a) of Section 6.12.4 of the
Residential Multiple "RM5" Zone, on those lands zoned "RM5-7" by this
By-law, the parking shall be provided at a ratio of 1 parking space for each
dwelling unit and 0.2 visitor parking spaces for each dwelling unit.
Notwithstanding anything to the contrary respecting setbacks from the Lake
Ontario shoreline in this By-law or any amendment hereof, a minimum yard of
20 metres for all buildings and structures in Blocks 12 and 13 shall be
provided from the top of the bank at the Lake Ontario shoreline where lakeshore
protection works have been installed in accordance with the requirements of the
Province of Ontario.
PART 6
RESIDENTIAL ZONES
RES-299
By-law 05-187
RM5 - 8(H) 711 North Service Road, Schedule "A", Map No. 2
In addition to the uses permitted in Section 6.12.2 of the Multiple Residential
"RM5" Zone, those lands zoned "RM5-8(H)" by this By-law may also be used
for a clubhouse for a private marina, and associated marina parking.
Notwithstanding the provisions of Section 6.12.3 of the Multiple Residential
"RM5" Zone, the following provisions shall apply to those lands used for a
clubhouse for a private marina; the total lot coverage for a clubhouse for a private
marina shall not exceed 10 percent of the total lot area, but in no case shall the
total lot coverage of all buildings on a lot exceed the maximum lot coverage
permitted in the zone; the minimum setback from the top of bank of the marina
basin shall be 6 metres; the minimum front yard setback shall be 8 metres and
0.5 metres from any other lot line; the maximum building height shall be 14
metres; a landscape strip having a minimum width of 4.5 metres shall be
provided adjacent to every portion of any lot line that abuts a street, except for
points of ingress and egress; a landscape strip having a minimum width of 3
metres shall be provided adjacent to the north property line; and a landscape strip
having a minimum width of 1.5 metres shall be provided adjacent to the east
property line.
The (H) symbol may be removed at such time as the owner receives site plan
approval for the expansion of the associated marina parking. The (H) symbol
shall not apply to the lands when developed for residential purposes.
All other provisions of the Multiple Residential "RM5-5" Zone shall apply.
By-law 11-091
RM5-10
North Side of Mud Street, East of Felkers Creek, Schedule
Repealed by
"A", Map No. 10
By-law 12-161
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (g), (h), (i), and
(j) of Subsection 6.12.3 of the Multiple Residential "RM5" Zone, on those
lands zoned "RM5-10" by this By-law, the following shall apply:
(a) Minimum Lot Area 0.5 hectares
PART 6
RESIDENTIAL ZONES
RES-300
(b)
Minimum Lot Frontage
30.0 metres
(c)
Minimum Front Yard
6.0 metres
(d)
Minimum Side Yard
7.5 metres
Minimum Flankage Yard
6.0 metres
(g)
Maximum Lot Coverage
50%
(h)
Maximum Density
99 units per hectare
(i)
Maximum Height
6 storeys
(j)
For the purposes of this special provision, where a lot zoned "RM5-
10" is also partially zoned (P5), as per Zoning By-law No. 05-200, the
lands zoned (P5) that comprise part of the lot may be used for the
calculation of Minimum Lot Area, Minimum Rear Yard, and
Minimum Interior Side Yard.
By-law 12-161
RM5-10
220 Mud Street West, Schedule "A", Map No. 10
Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (g), (h), (i), and (j)
of Sub-section 6.12.3 of the Multiple Residential "RM5" Zone, on those lands
zoned "RM5-10" by this By-law, the following shall apply:
(a) Minimum LotArea:
0.5 hectares.
(b) Minimum Lot Frontage:
30.0 metres.
(c) Minimum Front Yard:
6.0 metres.
(d) Minimum Side Yard:
7.5 metres.
Minimum Flankage Yard:
6.0 metres.
(g) Maximum Lot Coverage:
50 per cent.
(h) Maximum Density:
99 units per hectare.
(i) Maximum Building Height:
6 storeys.
(j) For the purposes of this special provision, where a lot zoned "RM5-10" is
also partially zoned (P5), as per Zoning By-law No. 05-200, the lands zoned
PART 6
RESIDENTIAL ZONES
RES-301
(P5) that comprise part of the lot may be used for the calculation of
Minimum Lot Area, Minimum Rear Yard, and Minimum Interior Side Yard.
By-law RM5-12 165 Upper Centennial Parkway, Schedule "A", Map No. 16
20-080-LPAT
In addition to Section 6.12.2, notwithstanding the provisions of paragraphs (b), (c), (d),
(e), (f), (g), (h), (i), (j) and (k) of Section 6.12.3, and notwithstanding the provisions of
Section 6.12.4 (a), of the Multiple Residential "RM5" Zone, on those lands zoned
"RM5-12" by this By-law, the following shall apply:
6.12.2 (a)
Commercial uses permitted in Section 8.2.2 of By-law No. 3692-92 may
be permitted on the ground floor.
6.12.3 (b)
Minimum Lot Frontage
50.0 metres
(c)
Minimum Front Yard
4.5 metres
(d)
Minimum Side Yard
(i)
Minimum Easterly
4.5 metres for storeys 1 to 3
Side Yard
(ii)
Minimum Westerly 4.5 metres for storeys 1 to 3
Side Yard
(e)
Minimum Rear Yard
4.5 metres
(f)
Increased Yards and Height
(i)
6.0 metres for storeys 4 to 6 abutting a street
(ii)
7.5 metres for storeys 7 to 12 abutting a street
(g)
Maximum Lot Coverage
41 percent
(h)
Maximum Residential
100 units per hectare
Density
(i)
Maximum Height
12 storeys or 43 metres
(j)
Minimum Landscaped Open Space
1)
The landscaped area shall not be less than 12 percent of the lot
area.
2)
A landscaped strip having a minimum width of 4.5 metres shall
be provided and thereafter maintained adjacent to every portion of
PART 6
RESIDENTIAL ZONES
RES-302
any lot that abuts a street except for points of ingress and egress.
(k)
Minimum distance between N/A
residential buildings on the
same lot
6.12.4 (a)
1.0 parking spaces and 0.25 visitor parking spaces for each dwelling unit.
(b)
The required visitor parking space shall be maintained for the shared use
between the commercial use(s) and residential use, have a sign legibly
marking that the parking space is for the shared use of both commercial
and residential visitor parking, and shall be maintained readily accessible
for either use, free and clear of all obstructions.
By-law RM5-12(H2) 165 Upper Centennial Parkway, Schedule "A", Map No. 16
20-080-LPAT
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands zoned
"RM5-12(H2)" by this By-law, the Holding "(H2)" symbol may be removed by City
Council and thereby give effect to the "RM5-12" Zone provisions upon completion of the
following:
a)
Owner shall have entered into a cost sharing agreement with Penta Properties
Inc. (Penta) which will require the Owner to pay its proportionate share of the cost
of construction of any downstream improvements to the storm conveyance system
from downstream outside limit of the storm water management pond block on the
adjacent property (198 First Road West), such downstream improvements to
include the roadside ditches along Upper Centennial Parkway, Mud Street East
including all necessary culvert upgrades and any downstream monitoring and
remediation costs required to provide for proper conveyance of the post
development drainage from 165 Upper Centennial and 198 First Road West
(Paletta). Such costs are to be calculated on a contributory area and percent
impervious basis, in respect of costs associated with the land and construction and
other reasonable and related costs of the storm water conveyance system net of
any monies recoverable from the City of Hamilton. These costs shall be calculated
by the engineering consultant for Penta in a timely manner and agreed upon by an
engineering consultant retained by the Owner of 165 Upper Centennial Parkway
and shall be paid to Penta prior to the lifting of the Hold Symbol. If agreement
regarding the costs is not reached, they shall be determined by arbitration pursuant
to the Ontario Arbitration Act.
ND-1
June 30, 2015
PART 7
NEIGHBOURHOOD DEVELOPMENT
SECTION 7.1
NEIGHBOURHOOD DEVELOPMENT "ND" ZONE
7.1.1
Scope
In any Neighbourhood Development "ND" Zone, no person shall use any
building, structure or land for any purpose other than that for which it was
used on the date that this By-law was passed until such land has been rezoned
by a By-law, which has been approved in accordance with Subsection 34 of The
Planning Act, R.S.O., 1990, c.P.13.
7.1.2
Permitted Uses For Each Lot
(a)
Agricultural uses except poultry farms, mushroom farms, fur farms,
piggeries, hatcheries, kennels and also excluding any residential use
not existing at the date of the passing of this By-law.
(b)
One single detached dwelling and uses, buildings or structures
accessory thereto, existing at the date of the passing of this By-law.
(c) All greenhouse development shall be subject to site plan control under the
City's Site Plan Control By-law. (OMB Order - Feb. 20, 1996)
(d)
Urban Farm (By-law 14-279)
(e)
Community Garden (By-law 14-279)
7.1.3
Zone Regulations For Uses Permitted Under Section 7.1.2(a)
(a) Minimum Front Yard - 12 metres
(b) Minimum Side Yard - 12 metres
(c) Maximum Lot Coverage - 20 percent
7.1.4
Zone Regulations For Uses Permitted Under Section 7.1.2(b)
Any additions to, or reconstruction of, a single detached dwelling shall
comply with Section 5.4.3 or any accessory building shall comply with the
provisions of Section 5.4.3 and Section 5.4.6.
COM-1
PART 7
NEIGHBOURHOOD DEVELOPMENT
7.1.5
Zone Regulations for Uses Permitted in Section 7.1.2 (d) (By-law 14-279)
The use shall comply with the provisions of Section 6.1.10.
7.1.6
Zone Regulations for Uses Permitted in Section 7.1.2 (e) (By-law 14-279)
The use shall comply with the provisions of Section 6.1.11.
7.1.7
Special Exemptions (By-law 15-073)
ND - 1 Lot 18, Broken Front Concession, Cherry Beach Road, East of
Millen Road, North of the North Service Road, Schedule "A",
Map No. 1
Notwithstanding the provisions of Section 7.1.2 of the Neighbourhood
Development "ND" Zone, on those lands zoned "ND-1" by this By-law, no
additions shall be permitted to any dwelling with frontage on the private roads.
ND - 2 1348 Barton Street, Schedule "A", Map No. 9
Notwithstanding the uses permitted in paragraph (b) of Section 7.1.2 of the
Neighbourhood Development "ND" Zone, on those lands zoned "ND-2" by this
By-law, one single detached dwelling and accessory buildings and structures may
be permitted in accordance with Section 5.4.3, Zone Regulations, and 5.4.6,
Regulations for Accessory Buildings, of Section 5.4, Rural Residential "RR"
Zone.
ND - 3 West of First Road West, North of Mud Street West, Schedule
"A", Map No. 11
In addition to uses permitted in Section 7.1.2 of the Neighbourhood Development
"ND" Zone, those lands zoned "ND-3" by this By-law may also be used for
operations associated with the disposal of solid non-hazardous waste from
industrial, commercial and institutional sources as approved in a provisional
certificate of approval issued by the Ministry of Environment and Energy,
pursuant to the Environmental Protection Act, R.S.O. 1990, c.E.19.
COM-2
PART 7
NEIGHBOURHOOD DEVELOPMENT
By-law 10-324
ND-5
Mud Street, Schedule "A", Map No. 16
(OMB)
Notwithstanding the uses permitted in Section 7.1.2, (a) agricultural uses and (c)
greenhouses shall not be permitted.
COM-3
PART 8
COMMERCIAL ZONES
SECTION 8.1
GENERAL PROVISIONS FOR COMMERCIAL ZONES
8.1.1
Scope
In any Commercial Zone, no person shall use any land or erect, alter or use
any building or structure, except in accordance with the following provisions
which, in addition to other requirements of this By-law, shall apply to all
Commercial Zones.
8.1.2
Commercial Zones Commercial Zones.
For the purpose of this By-law, the following Commercial Zones are established
within the Defined Area and such zones may be referred to by the following
symbols:
Zone
Symbol
Local Commercial
LC
General Commercial
GC
Service Commercial
CS
Central Area Commercial - One
CA1
Central Area Commercial - Two
CA2
Highway Commercial
HC
Mixed Use Commercial
MUC
Neighbourhood Shopping Centre
SC1
Community Shopping Centre
SC2
Rural Commercial
RC
8.1.3
Outside Storage
Except as specifically provided in the provisions of the zone in which the lot
is located, the following provisions shall apply to outside storage areas in all
commercial zones:
(a)
Outside storage for other than daily temporary display purposes shall
not be permitted in any front yard.
PART 8
COMMERCIAL ZONES
COM-4
(b)
Outside storage for other than daily temporary display purposes shall
not be permitted less than 7.5 metres from any street, or less than 4.5
metres from the boundary of any residential zone.
(c)
An outside storage area for other than daily temporary display purposes
shall be screened and enclosed by a fence of at least 2 metres in height.
(d) Garbage areas for any restaurant shall be within an enclosed area.
8.1.4
Accessory Buildings
No accessory building shall be located on any lot closer to a street than 7.5
metres or closer to the boundary of any residential zone than 4.5 metres or closer
to the rear or side lot lines not abutting a street than 0.5 metres. Notwithstanding
the foregoing provisions of this clause, an accessory building used only as a
shelter for attendants in charge may be located on a public parking lot provided
that such building shall not exceed 3.5 metres in height and 19.5 square metres
in gross floor area.
8.1.5
Motor Vehicle Service Stations And Car Washing Establishments
For any motor vehicle service station or car washing establishment in any
commercial zone, the following provisions shall apply to said motor vehicle
service station or car washing establishment:
(a) Minimum Lot Frontage - 38 metres for an interior lot, and
-
45 metres for a corner lot
(b) Minimum Lot Depth - 40 metres for an interior lot, and
-
45 metres for a corner lot, except
abutting a residential zone where
the minimum shall be 60 metres
(c) Maximum Lot Coverage - 30 percent
(d) Minimum Front Yard - 12 metres
(e) Minimum Side Yard - 7.5 metres except
-
12 metres for a flankage yard, and 9
metres abutting a residential zone
PART 8
COMMERCIAL ZONES
COM-5
(f)
Minimum Rear Yard
-
7.5 metres except
-
12 metres abutting a residential
zone
(g)
Maximum Building Height
-
7.5 metres
(h)
Minimum Landscaped Open Space - A landscaped strip having a
minimum width of 9 metres shall be provided adjacent to every portion
of any lot line that abuts any zone other than a commercial or industrial
zone and a minimum width of 6 metres abutting any street except for
points of ingress and egress.
(i)
Other Provisions
1.
No pump island shall be erected within 4.5 metres of the
boundary of any street
By-law 4526-97 2. Light standards, fuel pump islands, and fuel pumps may be
located in any required minimum yard at a distance of not less
than 4.5 metres from any lot line abutting a street but no part of
the required daylighting triangle shall be constructed to be part of
a required minimum yard for the purpose of this clause.
3.
The width of an entrance or exit ramp shall be not less than 9
metres or more than 10.5 metres measured along the lot line
abutting a street.
4.
No entrance or exit ramp shall be located within 1.5 metres of the
side or rear lot line that abuts an adjoining lot.
5.
No entrance or exit ramp shall be located within 7.5 metres of any
other ramp measured along the lot line abutting a street.
6.
On a corner lot no entrance or exit ramp shall be located within
15 metres of the point of intersection of the intersecting lot lines
which abuts a street.
PART 8
COMMERCIAL ZONES
COM-6
8.1.6
Motor Vehicle Dealerships
For any motor vehicle dealership in any commercial zone, the following
provisions shall apply to said motor vehicle dealership:
(a)
Minimum Lot Frontage
-
38 metres for an interior lot, and
-
45 metres for a corner lot
(b)
Minimum Lot Depth
-
45 metres
(c)
Maximum Lot Coverage
-
25 percent
(d)
Minimum Front Yard
-
9 metres
(e)
Minimum Side Yard - 7.5 metres except 9 metres for a
flankage yard, and 9 metres
abutting a residential zone
(f)
Minimum Rear Yard - 7.5 metres except 12 metres
abutting a residential zone
(g)
Maximum Building Height
-
11 metres
(h)
Minimum Landscaped Open Space
1.
A landscaped strip having a minimum width of 9 metres shall be
provided adjacent to every portion of any lot line that abuts any zone
other than a commercial or industrial zone, and a minimum width of
6 metres abutting any street except for points of ingress and egress.
2.
A landscaped strip having a minimum width of 1.5 metres shall be
provided adjacent to every portion of any lot line that abuts any
commercial or industrial zone.
By-law 4848-98
(i)
Minimum Parking Requirements -
Parking spaces shall be
provided in accordance with the
provisions of Section 4.10
PART 8
COMMERCIAL ZONES
COM-7
8.1.7
Outdoor Patio Restaurants
By-law 09-210
By-law 22-081
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: (By-
law 15-073)
(a)
Design Requirements:
Outdoor Patio Restaurants shall be designed and used to accommodate
seating of customers.
(b)
Seating Capacity Requirements: (By-law 15-073)
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 c) (ii) below, no Outdoor
Patio Restaurant 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
Patio Restaurant shall only be permitted in the front yard.
8.1.8
Urban Farm (By-law 14-279)
(a)
An urban farm shall be permitted in all commercial zones, Rural
Commercial "RC" Zone, in accordance with the regulations of
Subsection 8.1.8 (b), Subsection 8.1.8 (c), Subsection 8.1.8 (d) or
Subsection 8.1.8 (e).
(b)
Every urban farm in a commercial zone, as a principle use, shall comply
with the following regulations:
i)
Notwithstanding the minimum lot area of any zone, the minimum
lot area shall be not less than 0.4 ha.
ii)
Notwithstanding the size of the accessory structures of the
PART 8
COMMERCIAL ZONES
COM-8
particular zone in which the farm produce/product stand is located,
only one 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
shall not exceed 280 square metres, and no single building shall
exceed 140 square metres.
iv)
Any building or structure 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 shall not exceed
10.5 metres.
vi)
Any building or structure 35 square metres 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 equipment shall be located within a building or structure.
(c)
Notwithstanding Section 8.1.8 (b), 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 the definition of urban farm, no retail sales shall
be permitted on-site.
(d)
Every urban farm in a commercial zone that locates on the same lot as
another principle use, shall comply with the following regulations:
i)
All 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, Section 6.1.4(a), 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 the definition of urban farm, no retail sales shall
be permitted on-site.
PART 8
COMMERCIAL ZONES
COM-9
(e)
Notwithstanding Sections 8.1.8 (a), 8.1.8 (b) and 8.1.8 (c) and in addition
to the provisions of Section 8.1.8(d), an urban farm in any commercial zone
shall only be located in the rear yard or on a roof top of a principle building
in the following areas:
Street
From
To
1
King Street
Faircourt Drive
Applewood
Avenue
8.1.9
Community Gardens (By-law 14-279)
(a)
A community garden shall be permitted in all commercial zones, except
Rural Commercial "RC" Zone, in accordance with the regulations of
Subsection 8.1.9 (b).
(b)
All buildings and structures shall comply with the accessory structure
regulations of the zone in which it is located.
(c)
Notwithstanding, Section 6.1.4(a), where a community garden is located
on a roof top, the height of the accessory structure shall not exceed the
maximum building height.
(d)
Notwithstanding Section 8.1.9 (a) and in addition to the provisions of
Section 8.1.9 (b) and 8.1.9 (c), a community garden in any commercial zone
shall only be located in the rear yard or on a roof top of a principle building
in the following areas:
Street
From
To
1
King Street
Faircourt Drive
Applewood
Avenue
8.1.10
Urban Farmers Market (By-law 15-106)
For any urban farmers market permitted in a commercial zone, the following
provisions shall apply to an urban farmers market;
(a)
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;
(b)
75% of vendors shall sell local agricultural products, value-added local
agricultural products or VQA wines;
(c)
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;
PART 8
COMMERCIAL ZONES
COM-10
(d)
the sale of VQA wines shall only be permitted in accordance with
provincial regulations governing the sale of wine;
(e)
include a minimum of 5 vendor stalls and a maximum of 50 vendor
stalls;
(f)
Operates a maximum of 2 days each week; and,
(g)
may occupy the required parking spaces and be located within the
required yards of the principle use.
PART 8
COMMERCIAL ZONES
COM-11
SECTION 8.2
LOCAL COMMERCIAL "LC" ZONE
8.2.1
Scope
No person shall within any Local Commercial "LC" Zone use any land or erect,
alter or use any building or structure, except in accordance with the following
provisions:
8.2.2
Permitted Uses For Each Lot
(a)
Banks or Financial Institutions
By-law 25-156
(b)
Child Care Centres
(c)
Convenience Food Stores
(d)
Drug Stores
(e)
Flower Shops
(f)
Hardware Stores
By-law 5068-00
(g)
Libraries
(h)
Personal Service Shops
(i)
Pet Food Stores
(j)
Professional or Business Offices
(k)
Retail Stores
(l)
Video Rental Outlets
(m)
Uses, buildings or structures accessory to a permitted use
8.2.3
Zone Regulations
(a)
Minimum Lot Area
-
930 square metres
(b)
Minimum Lot Frontage
-
30 metres
(c)
Maximum Lot Coverage
-
30 percent
(d)
Maximum Gross Floor Area
-
1,500 square metres
(e)
Maximum Gross Floor
Area Per Individual Unit
-
500 square metres
(f)
Minimum Front Yard
-
7.5 metres
(g)
Minimum Side Yard
-
1.5
metres,
except
4.5
metres for a flankage yard
PART 8
COMMERCIAL ZONES
COM-12
(h)
Minimum Rear Yard
-
7.5 metres
(i)
Maximum Building Height
-
7.5 metres
By-law 5068-00
(j)
Minimum Landscaped Open Space
-
A landscaped strip having a
minimum width of 4.5 metres shall be provided adjacent to every
portion of any lot line that abuts a residential zone and a street except
for points of ingress and egress or any zone other than a commercial or
industrial zone.
(k) Outside Storage - Outside storage is permitted in accordance with
Section 8.1.3.
(l) Minimum Parking Requirements
1.
Parking spaces shall be provided in accordance with the
provisions of Section 4.10 for those uses specified therein.
2.
For all other permitted uses not specified in Section 4.10, a
minimum of 1 parking space per 28 square metres of gross
leasable floor area or fraction thereof, shall be required.
(m)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 4.9.
8.2.4
Special Exemptions
LC - 1 265, 267, 271 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraphs (h), (k) and (l) of Section 8.2.3 of
the Local Commercial "LC" Zone, on those lands zoned "LC-1" by this By-
law, the minimum rear yard shall be 4.5 metres and a landscaped strip having a
minimum width of 6 metres adjacent to Highway No. 8 and to Green Road shall
be provided.
LC - 2 Deleted by Zoning By-law No. 3799-93.
LC - 3 1242 Highway No. 8, Schedule "A", Map No. 8
In addition to the provisions of Section 8.2.2 of the Local Commercial "LC"
Zone, on those lands zoned "LC-3" by this By-law, may also be used for
bakeries, service shops, restaurants and apartment units located above the
ground floor of the commercial uses.
PART 8
COMMERCIAL ZONES
COM-13
LC - 4 1287 Highway No. 8, Schedule "A", Map No. 9
In addition to the uses permitted in Section 8.2.2 of the Local Commercial "LC"
Zone, those lands zoned "LC-4" by this By-law may also be used for a standard
restaurant and one single detached dwelling and uses and structures accessory
thereto including an outdoor patio area accessory to the restaurant.
In addition to the provisions of Section 8.2.3 and notwithstanding paragraph (h)
of Section 8.2.3 of the Local Commercial "LC" Zone, the following provisions
shall apply on those lands zoned "LC-4" by this By-law: The minimum rear
yard for the restaurant shall be 1.4 metres.
The outdoor patio area is subject to the following provisions: It shall not exceed
11 metres to the north side and east side; it may be enclosed on the west side
and on the south side by a wall; it may be enclosed on the north side and on the
east side by a fence only, and otherwise both the north wall and the east wall
are required to remain open from the ground to the sky; it shall not be covered
by a roof or structure or part of a roof or structure except any roof or structure
that exists on the date of the passing of this By-law; it shall be kept open
from the ground to the sky; and it shall not be covered in any manner
whatsoever either wholly or partially, which includes any form of vegetation as
a means of adornment cover. A minimum of 14 parking spaces shall be
provided for the restaurant area including the patio area and the single detached
dwelling. The restaurant shall be limited to a maximum gross leasable floor
area of 72 square metres. The patio area shall be limited to a maximum floor
area of 121 square metres.
LC - 5 1050 Paramount Drive, Schedule "A", Map No. 10
By-law 06-190 In addition to the uses permitted in Section 8.2.2 of the Local Commercial
"LC" Zone, on those lands zoned "LC-5" by this By-law, a veterinary clinic,
medical clinic and bakery shop may also be permitted.
Notwithstanding the provisions of paragraphs (e) and (j) of Section 8.2.3 of
the Local Commercial "LC" Zone, on those lands zoned "LC-5" by this
By-law, the provisions related to the maximum gross leasable floor area do
PART 8
COMMERCIAL ZONES
COM-14
not apply and a maximum of two principal buildings may be permitted.
By-law 5162-00
LC - 6
North Side of Mud Street, East of Paramount Drive,
Schedule "A", Map No. 10
Repealed by By-law No. 5162-00.
By-law 17-139
LC - 7
Southeast corner of Paramount Drive and Upper Mount
Albion Road, Schedule "A", Map No. 15
Notwithstanding the uses permitted in Section 8.2.2, of the Local Commercial
"LC" Zone, those lands zoned "LC-7" measuring from the front lot line a
distance of 71 metres along the easterly lot line and 37 metres along the westerly
lot line shall only be used for a gas bar, manual or automatic car wash and
a convenience store and uses, buildings or structures accessory to a permitted
use.
Notwithstanding the provisions of paragraphs (a), (b), (e), (f), (g) and (h) of
Section 8.1.6, the minimum lot area shall be 7,900 square metres, the
minimum lot frontage shall be 49 metres adjacent to Paramount Drive and
116 metres adjacent to Upper Mount Albion Road, the minimum front yard shall
be 12 metres, the minimum side yard shall be 9 metres abutting the easterly lot
line and 12 metres abutting the flankage street, the minimum rear yard shall be
12 metres, the maximum building height shall be 7.5 metres, and a landscaped
strip having a minimum width of 4.5 metres shall be provided and thereafter
maintained adjacent to every portion of any lot line except for
necessary points of ingress and egress. A car wash shall not be permitted within
14 metres of the easterly lot line.
Notwithstanding the provisions of paragraph (m) of Section 8.2.3, the minimum
parking requirements shall be one parking space for 22 square metres of gross
floor area or fraction thereof and three storage spaces per manual or self-serve
car wash bay and four storage spaces per automatic car wash bay shall be
provided.
The (H) symbol may be removed from these lands at such time as municipal
sanitary sewers, municipal water and storm sewers are available and adequate
to service the subject lands and a development agreement has been entered
PART 8
COMMERCIAL ZONES
COM-15
into by the owner with the City. Until the (H) symbol is removed, these lands
may only be used for uses existing at the date of the passing of this By-law.
By-law 4710-98
LC - 8(H)
274 Barton Street, Schedule "A", Map No. 6
In addition to the uses permitted in Section 8.2.2, "Permitted Uses For Each
Lot" of the Local Commercial "LC" Zone, a basement apartment may also be
permitted on those lands zoned "LC-8(H)" by this By-law.
By-law 03-319
Notwithstanding the provisions of Section 3.8 "Holding Zones", the Holding
provision may be removed from those lands zoned "LC-8(H)" by this By-law
by way of a further By-law amendment, once the owner has entered into a
Development and Maintenance and Use Agreement with the Council of the City
of Stoney Creek.
By-law 05-149
LC - 9
411 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the provisions of Section 8.2.2 "Permitted Uses For Each
Lot" of the Local Commercial "LC" Zone, on those lands zoned "LC-9" by
this By-law, one (1) residential dwelling unit is also permitted.
Notwithstanding the provisions of paragraphs (a), (b), (f), (g), (j), and (k) of
Section 8.2.3 "Zoning Regulations" of Zoning By-law 3692-92, on those
lands zoned "LC-9" by this By-law, the following shall apply:
(a)
Minimum Lot Area
- 422 square metres
(b)
Minimum Lot Frontage
- 12.2 metres
(f)
Minimum Front Yard
- 6 metres
(g)
Minimum Side Yard
- 1.4 metres, except 1.04
metres for a flankage yard
(j)
Minimum Landscape Open Space
The following shall be provided and maintained:
1.
A landscape strip having a minimum width of 1.3 metres along the
north lot line;
2.
A landscape strip having a minimum width of 1.4 metres along the
PART 8
COMMERCIAL ZONES
COM-16
east lot line;
3.
A landscape strip having a minimum width of 1.0 metre along the
west lot line, except for any area used for vehicular access; and
4
A landscape strip of 0.0 metres abutting the hypotenuse of a
daylight triangle.
(k)
Minimum Parking Requirements
-
Six (6) parking spaces
Section 4.3.1, "Special Setbacks - Daylight Triangles" of Zoning By-law
3692-92, shall not apply on those lands zoned "LC-9" by this By-law.
By-law LC-10 165 Upper Centennial Parkway, Schedule "A", Map No. 16
20-080-LPAT
Notwithstanding the provisions of Section 8.2.2 and Section 8.2.3 (i), and in
addition to the provisions of Section 8.2.3 of the Local Commercial "LC"
Zone, on those lands zoned "LC-10" by this By-law, the following shall apply:
8.2.2 (a)
Artist Studio
(b)
Car Washing Establishment
(c)
Catering Service
(d)
Child Care Centres (By-law 25-156)
(e)
Commercial School
(f)
Communications Establishment
(g)
Community Garden
(h)
Craftsperson Shop
(i)
Dwelling Units in conjunction with a Commercial Use on the
ground floor
(j)
Emergency Shelter
(k)
Financial Establishment
(l)
Laboratory
(m)
Medical Clinic
(n)
Microbrewery
(o)
Motor Vehicle Gas Bar
(p)
Motor Vehicle Service Station
PART 8
COMMERCIAL ZONES
COM-17
(q)
Office
(r)
Personal Services
(s)
Repair Service
(t)
Restaurant
(u)
Retail
(v)
Social Services Establishment
(w)
Tradesperson s Shop
(x)
Urban Farm
(y)
Urban Farmers Market
(z)
Veterinary Service
8.2.3 (i)
Maximum Building Height
- 14.0 metres
(n)
Restriction of Residential Uses within a Building
(i)
Notwithstanding Section 8.2.2, a Dwelling Unit(s) in
conjunction with a commercial use shall only be
permitted above the ground floor except for access,
accessory office and utility areas, and shall not occupy
more than 50 percent of the total gross floor area of all
the building(s) within the lot.
By-law LC-10(H2) 165 Upper Centennial Parkway, Schedule "A", Map No. 16
20-080-LPAT
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those lands zoned
"LC-10(H2)" by this By-law, the Holding "(H2)" symbol may be removed by City
Council and thereby give effect to the "LC-10" Zone provisions upon completion of the
following:
a)
Owner shall have entered into a cost sharing agreement with Penta Properties
Inc. (Penta) which will require the Owner to pay its proportionate share of the
cost of construction of any downstream improvements to the storm conveyance
system from downstream outside limit of the storm water management pond
block on the adjacent property (198 First Road West), such downstream
improvements to include the roadside ditches along Upper Centennial Parkway,
Mud Street East including all necessary culvert upgrades and any downstream
monitoring and remediation costs required to provide for proper conveyance of
the post development drainage from 165 Upper Centennial and 198 First Road
West (Paletta). Such costs are to be calculated on a contributory area and percent
impervious basis, in respect of costs associated with the land and construction
and other reasonable and related costs of the storm water conveyance system net
of any monies recoverable from the City of Hamilton. These costs shall be
PART 8
COMMERCIAL ZONES
COM-18
calculated by the engineering consultant for Penta in a timely manner and agreed
upon by an engineering consultant retained by the Owner of 165 Upper
Centennial Parkway and shall be paid to Penta prior to the lifting of the Hold
Symbol. If agreement regarding the costs is not reached, they shall be determined
by arbitration pursuant to the Ontario Arbitration Act.
By-law 14-180
LC(H1)
420 First Road West, Schedule "A", Map No. 11
Notwithstanding the provision of Section 3.8 "Holding Zones", on those lands
zoned "RM2-41(H)" by this By-law, the Holding (H) symbol may be removed and
thereby give effect to the "LC(H1)", Zone provisions in Section 10 above, upon
completion of the following:
a)
That those lands located within the 50 dBA sound level of the rock crushing
establishment (All Around Contracting Yard) not be developed until such
time as the establishment ceases to operate, to satisfaction of the Director
of Planning.
By-law 14-180
LC(H2)
420 First Road West, Schedule "A", Map No. 11
Notwithstanding the provision of Section 3.8 "Holding Zones", on those lands
zoned "RM2-41(H)" by this By-law, the Holding (H) symbol may be removed and
thereby give effect to the "LC(H2)", Zone provisions in Section 10 above, upon
completion of the following:
a)
That all residential lands within 160 metres of the working licenced limits
of the active quarry or the limits of the former quarry under rehabilitation
shall not be developed until such time as the completion of mining and the
completion of rehabilitation on the quarry lands immediately adjacent to
the Holding (H) Zone have been finalized to the satisfaction of the Director
of Planning; and,
b)
That those lands located within the 50 dBA sound level demarcation of the
All Around Contracting facility not be developed until such time as the
facility ceases to operate, to the satisfaction of the Director of Planning.
PART 8
COMMERCIAL ZONES
COM-19
SECTION 8.3
GENERAL COMMERCIAL "GC" ZONE
8.3.1
Scope
No person shall within any General Commercial "GC" Zone use any land or
erect, alter or use any building or structure, except in accordance with the
following provisions:
8.3.2
Permitted Uses For Each Lot
(a)
Amusement Centres
(b)
Animal Hospitals only if wholly enclosed within a building
(c)
Arenas
(d)
Art Galleries
(e)
Athletic Clubs
(f)
Auditoriums
(g)
Bakeries
(h)
Banks or Financial Institutions
(i)
Banquet Halls
(j)
Bus Depots
(k)
Business or Commercial Schools
(l)
Car Washing Establishments
(m)
Child Care Centres (By-law 25-156)
(n)
Convenience Food Stores
(o)
Dry Cleaning Depots
(p)
Equipment Rental, Sales or Repairs
(q)
Food Stores
(r)
Funeral Homes
(s)
Gasoline Bars
(t)
Hotels
(u)
Libraries
(v)
Medical Laboratories
(w)
Medical Clinics
(x)
Motels
PART 8
COMMERCIAL ZONES
COM-20
(y)
(z)
(aa)
(ab)
(ac)
(ad)
(ae)
(af)
Motor Vehicle Parts and Accessories Retail Stores
Motor Vehicle Service Stations
Motor Vehicle Dealerships
Museums
Parking Garages or Parking Lots
Personal Service Shops
Pharmacies
Places of Entertainment or Recreation
By-law 3863-93
(ag)
Places of Worship
(ah)
Private or Commercial Clubs
(ai)
Professional or Business Offices
(aj)
Restaurants - Convenience
(ak)
Restaurants - Fast Food
(al)
Restaurants - Outdoor Patio
(am)
Restaurants - Standard
(an)
Retail Stores
(ao)
Taverns
(ap)
Theatres
By-law 4200-95
(aq)
One accessory dwelling unit and a home occupation provided such
unit is located together with a permitted commercial use within the same
building and is not located on the ground floor, or in the cellar or
basement.
(ar)
Uses, buildings or structures accessory to a permitted use
8.3.3
Zone Regulations For All Uses Other Than Those Uses Specified In
Sections 8.3.4, 8.3.5, 8.3.6 and 8.3.7
(a)
Minimum Lot Frontage
-
45 metres
(b)
Maximum Lot Coverage
-
50 percent
(c)
Minimum Front Yard
-
7.5 metres
(d)
Minimum Side Yard
-
1.5 metres, except 6 metres for a
flankage yard
PART 8
COMMERCIAL ZONES
COM-21
(e)
Minimum Rear Yard
-
9 metres except 15 metres abutting a
residential zone
(f)
Maximum Building Height
-
16.5 metres
(g)
Minimum Landscaped Open Space - 10 percent of the lot area, a
portion of which shall include the following where applicable:
1.
A landscaped strip having a minimum width of 6 metres shall be
provided adjacent to every portion of any lot that abuts a street
except for points of ingress and egress.
2.
A landscaped strip having a minimum width of 4.5 metres shall
be provided adjacent to every portion of any lot line that abuts
any zone other than a commercial or industrial zone.
3.
A landscaped strip having a minimum width of 1.5 metres shall
be provided adjacent to every portion of any lot line that abuts a
commercial or industrial zone.
(h)
Outside Storage - No outside storage shall be permitted. The display
or sale of goods in any yard other than a required yard may be permitted
provided that such display is accessory to or in conjunction with the
commercial use carried on in an enclosed building on the same lot.
(i)
Minimum Parking Requirements
1.
Parking spaces shall be provided in accordance with Section
4.10.
2.
For all other permitted uses not specified in Section 4.10, a
minimum of one parking space per 28 square metres of gross
floor area or fraction thereof shall be required.
(j)
Minimum Loading Requirements - Loading facilities must be
provided in accordance with Section 4.9.
8.3.4
Regulations For Motor Vehicle Service Stations
Motor vehicle service stations are permitted in accordance with Section 8.1.5.
8.3.5
Regulations For Motor Vehicle Dealerships
PART 8
COMMERCIAL ZONES
COM-22
Motor vehicle dealerships are permitted in accordance with Section 8.1.6.
8.3.6
Regulations For Car Washing Establishments
Car washing establishments are permitted in accordance with Section 8.1.5.
8.3.7
Regulations For Outdoor Patio Restaurants
Outdoor patio restaurants are permitted in accordance with Section 8.1.7.
8.3.8
Special Exemptions
GC - 1 199-213 North Service Road, Schedule "A", Map No. 1
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone, those lands zoned "GC-1" by this By-law shall only be used for the
sale and service of lawn and garden equipment, a lawn and garden centre, a
personal service shop, a convenience food store, professional or business
offices, a fruit and vegetable retail outlet, growing of greenhouse produce and
selling of same.
Notwithstanding the provisions of paragraphs (c), (d), (e), (f), (g) and (h) of
Section 8.3.3 of the General Commercial "GC" Zone, on those lands zoned "GC-
1" by this By-law, the following provisions shall apply: The minimum setback
from Pinelands Avenue shall be 25 metres. The minimum setback from the
North Service Road shall be 10 metres. The minimum yard requirements shall
be 4.5 metres from the boundary of Lot 34 and Lot 41, Registered Plan 647A
and 7.5 metres from the boundary of Lot 39, Registered Plan 647A. The
maximum height shall be 7.5 metres. No parking space shall be located at a
distance of less than 0.5 metres from any lot line or less than
4.5 metres from the boundary of any residential zone. A landscaped strip
having a minimum width of 1.5 metres shall be provided adjacent to any lot line
that abuts a residential zone. Outside storage may only be permitted provided
in such an area that is totally enclosed by a fence having a minimum height of
1.8 metres and provided it is screened from view of the North
Service Road by landscaping, decorative walls or any combination thereof
and in total does not exceed 310 square metres in area.
PART 8
COMMERCIAL ZONES
COM-23
GC - 2 32-36 Lake Avenue Drive, Schedule "A", Map No. 5
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone, on those lands zoned "GC-2" by this By-law, the uses shall be
limited to a funeral home, uses accessory thereto and one accessory dwelling
unit.
GC - 3 660 Barton Street, Schedule "A", Map No. 7
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone, the uses permitted on those lands zoned "GC-3" by this By-law
shall be limited to a banquet hall, catering service, standard restaurant or
photography studio.
GC - 4 518 Fruitland Road, Schedule "A", Map No. 2
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, the uses permitted on those lands zoned "GC-4" by this By-law
shall be limited to a standard restaurant, outdoor patio restaurant, a private club
and professional or business offices.
Notwithstanding the provisions of paragraphs (c), (e) and (g) of Section 8.3.3 of
the General Commercial "GC" Zone, on those lands zoned "GC-4" by this By-
law, the following provisions shall apply: The minimum front yard shall be
40 metres. The minimum rear yard shall be 30 metres from Top of the Bank
as defined on Survey Plan No. 90-29-791-00, prepared by S.J. Balaban, O.L.S.,
dated August 3, 1990. The minimum landscaping requirement shall be 1.5
metres abutting Harbour Drive and 1 metre from the daylight triangle, and 3
metres abutting Fruitland Road and 4.5 metres abutting Edgewater Drive.
GC - 5 141 King Street East, Schedule "A", Map No. 5
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, the uses permitted on those lands zoned "GC-5" by this By-law,
shall be limited to professional and business offices or personal service shops
within the building existing at the date of the passing of this By-law.
GC - 6 980 Queenston Road, Schedule "A", Map No. 5
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
PART 8
COMMERCIAL ZONES
COM-24
"GC" Zone, the uses permitted on those lands zoned "GC-6" by this By-law
shall be limited to a medical clinic, professional and business offices, orthopedic
supply outlets and drafting and office equipment retail outlets.
GC - 7 60, 68 Centennial Parkway, Schedule "A", Map No. 5
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, those lands zoned "GC-7" by this By-law shall be limited to a
medical clinic and uses accessory thereto in conjunction with a surface parking
area only.
Notwithstanding the provisions of paragraph (g) of Section 8.3.3 of the General
Commercial "GC" Zone, on those lands zoned "GC-7" by this By-law, a
landscaped strip having a minimum width of 1.5 metres shall be provided
adjacent to the widened limits of Centennial Parkway; a landscaped strip having
a minimum width of 2 metres shall be provided adjacent to the northern side lot
line and a landscaped strip having a minimum width of 16 metres shall be
provided adjacent to the east lot line.
GC - 8 84 King Street East, Schedule "A", Map No. 5
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, the use of those lands zoned "GC-8" by this By-law shall be limited
to a motor vehicle service station.
GC - 9 200 Barton Street, Schedule "A", Map No. 6
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone, the use of those lands zoned "GC-9" by this By-law shall be limited
to retail stores, professional and business offices, personal service shops, banks,
service shops, a medical clinic or an animal hospital in a wholly enclosed
building.
By-law 3840-93
GC - 10
386 Barton Street, Schedule "A", Map No. 6
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, the use of those lands zoned "GC-10" by this By-law shall be
PART 8
COMMERCIAL ZONES
COM-25
limited to retail stores, banks, commercial schools, bakery shops, dairies,
personal service shops, medical clinics, professional or business offices, service
shops, places of recreation, custom work shops, funeral homes, motor
vehicle dealership, animal hospitals in a wholly enclosed building, laundromats
or cleaning and pressing shops, and a standard restaurant.
Notwithstanding the provisions of paragraphs (e) and (g) of Section 8.3.3 of the
General Commercial "GC" Zone, on those lands zoned "GC-10" by this By-law,
the following provisions shall apply: The minimum rear yard shall be 4.8
metres; a landscaped strip having a minimum width of .5 metres shall be
provided and maintained adjacent to Barton Street, except for points of ingress
and egress; a landscaped strip having a minimum width of .75 metres shall be
provided and maintained adjacent to Millen Road, except for points of ingress
and egress; and a landscaped strip having a minimum width of 1.58 metres shall
be provided and maintained adjacent to the southerly lot line.
GC - 11 287, 289 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, the uses on those lands zoned "GC-11" by this By-law shall
be limited to retail stores, professional and business offices, banks, financial
institutions, personal service shops, motor vehicle dealerships
or motor vehicle repair garages in conjunction with motor vehicle dealerships.
GC - 12 301 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, the use of those lands zoned "GC-12" by this By-law shall be
limited to retail stores, restaurants, bakeries, banks, commercial schools,
personal service shops, medical clinics, professional and business offices,
pharmacies, cleaning and pressing shops, banquet halls, private commercial
clubs or custom workshops.
GC - 13 325 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the permitted uses in Section 8.3.2 of General Commercial
"GC" Zone, the uses on those lands zoned "GC-13" by this By-law shall be
PART 8
COMMERCIAL ZONES
COM-26
limited to retail stores, excluding a convenience store, banks, financial
institutions, professional or business offices and personal service shops
excluding an automatic laundromat, provided these commercial uses are
established at the same time or after the establishment of the residential use, and
the commercial uses are located only on the ground floor of any building to be
erected, and the area of the building to be used for commercial purposes does
not exceed 35 percent of the building's gross floor area.
Notwithstanding the provisions of paragraphs (f), (i)2, and (g) of Section
8.3.3 of the General Commercial "GC" Zone on those lands zoned "GC-13"
by this By-law, the maximum height shall be three storeys; no parking space
shall be located a distance of less than 0.5 metres from any lot line or less
than 1 metre from the boundary of any residential zone and a landscaped strip
having a minimum width of 1 metre shall be provided adjacent to any lot line
that abuts a residential zone.
By-law 3813-93
GC - 14
345 - 355 Highway No. 8, Schedule "A", Map No. 6
In addition to the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone on those lands zoned "GC-14" by this By-law, a place of worship
may also be permitted.
Notwithstanding the provisions of paragraph (c) of Section 8.3.3 of the
General Commercial "GC" Zone, the minimum front yard shall be 14 metres.
GC - 15 Repealed by By-law No. 3813-93.
By-law 10-046
GC - 16
367 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, the use of those lands zoned "GC-16" by this By-law shall be
limited to retail stores, professional and business offices, personal service
shops, and standard restaurants provided the maximum commercial floor area
does not exceed 233 square metres. Uses accessory to any permitted
use including a maximum of two dwelling units are permitted provided that they
are located over the commercial area of the building.
Notwithstanding the provisions of Paragraph (a), (d), and (g)3. of Section
PART 8
COMMERCIAL ZONES
COM-27
8.3.3 "Zone Regulations" of Zoning By-law No. 3692-92, on those lands
zoned "GC-16" by this By-law, the following shall apply:
(a)
(d)
Minimum Lot Frontage
Minimum Side Yard
-
15.2 metres
-
0.3 metres for the westerly
side yard
(g)3.
Minimum Landscaped Open Space
-
No landscaped strip will be
required adjacent to every
portion of the easterly or
westerly lot lines abutting a
commercial zone
Notwithstanding the provisions of Paragraph (a), Section 4.10.3 "Dimensions
of Parking Spaces" of Zoning By-law No. 3692-92 on those lands zoned "GC-
16" by this By-law, the following shall apply:
(a)
Required parking spaces for 90 degree perpendicular parking shall
have minimum rectangular dimensions of 2.6 metres by 5.5 metres
exclusive of any lands used for access, manoeuvring, driveways, or a
similar purpose
Notwithstanding the provisions of Paragraph (a), Section 4.10.4 "Requirement
for Parking Designated for Vehicles of Physically Challenged" of Zoning By-
law No. 3692-92 on those lands zoned "GC-16" by this By-law, the following
shall apply:
(a) Have minimum rectangular dimensions of 4.4 metres by 5.5. metres.
Notwithstanding the provisions of Paragraph (b), Section 4.10.5 "Access to
Parking Spaces" of Zoning By-law No. 3692-92 on those lands zoned "GC-
16" by this By-law, the following shall apply:
(b)
Indirect Access - A driveway or lane which does not provide ingress
and egress directly to a parking space, shall have a minimum width of
4.5 metres where designed for one-way vehicular circulation, or 5.9
metres where designed for two-way vehicular circulation.
GC - 17 521 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the permitted uses in paragraphs (a) and (ag) of Section 8.3.2
PART 8
COMMERCIAL ZONES
COM-28
of the General Commercial "GC" Zone, the use of those lands zoned "GC-17"
by this By-law, places of recreation and entertainment and amusement centres
are not permitted.
Notwithstanding the provisions of paragraphs (b), (c), (d), (e), (f) and (g) of
Section 8.3.3 of the General Commercial "GC" Zone, on those lands zoned "GC-
17" by this By-law, the following provisions shall apply: The maximum lot
coverage shall be 40 percent. The minimum building setback from DeWitt Road
shall be 4.5 metres. The minimum rear yard shall be 12 metres. The
maximum height shall be 7.5 metres. The maximum gross leasable floor area
for a restaurant shall not exceed 557 square metres. Landscaped strips shall
be provided as follows: 7.5 metres adjacent to Highway No. 8; 3 metres
adjacent to DeWitt Road; 1.5 metres adjacent to the rear lot line; 4.5 metres
adjacent to the westerly side lot line; and 3 metres adjacent to the daylight
triangle.
GC - 18 410 to 414 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, those lands zoned "GC-18" by this By-law shall be limited to retail
stores, banks, service shops, medical clinics, professional and business offices,
services shops, a funeral home and video tape rental outlets.
Notwithstanding the definition of "front lot line" and "lot frontage" and the
provisions of paragraphs (c), (e), (f), (g) and (i) of Section 8.3.3 of the
General Commercial "GC" Zone, those lands zoned "GC-18" by this By-law
shall have the front lot line and the lot frontage adjacent to Highway No. 8
and all lot lines, required yards and landscaping requirements shall
correspond thereto. The minimum front yard shall be 3 metres. The
minimum rear yard shall be 12 metres. The maximum height shall be 2 storeys,
but not exceeding 7.5 metres. A landscaped strip having a minimum width of 5
metres shall be provided adjacent to Millen Road.
GC - 19 620 to 636 Barton Street (Even Numbers Only), Schedule
"A", Map No. 7
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
PART 8
COMMERCIAL ZONES
COM-29
"GC" Zone, the uses on those lands zoned "GC-19" by this By-law shall
be limited to retail stores, video rental outlets, financial institutions, personal
service shops, professional and business offices, commercial schools, places of
recreation, laundromats, cleaning and pressing shops, restaurants, medical
clinics, post offices, printing establishments, studios and service and repair
shops.
Notwithstanding the provisions of paragraphs (d), (g)2 and (i) of Section 8.3.3
of the General Commercial "GC" Zone, on those lands zoned "GC-19" by this
By-law, the following provisions shall apply: The minimum side yard shall
be 11 metres abutting any residential zone. No parking space shall be located
less than 3 metres from the boundary of any residential zone. A landscaped
strip, having a width as specified below, shall be provided: Front yard - 4 metres
abutting Fruitland Road; Side yard - 5 metres abutting Barton Street and 2
metres abutting any residential zone; Rear yard - 4.5 metres abutting any
residential zone.
GC - 20 542 Highway No. 8, Schedule "A", Map No. 7
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone, those lands zoned "GC-20" by this By-law shall only be used for a
motor vehicle dealership in conjunction with a motor vehicle repair garage.
GC - 21 1064, 1070 Highway No. 8, Schedule "A", Map No. 8
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone, those lands zoned "GC-21" by this By-law may only be used for a
recreational vehicle dealership and motor vehicle dealership.
GC - 22 East Street at Lake Ontario, Schedule "A", Map No. 4
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone, those lands zoned "GC-22" by this By-law shall only be used for a
parking area in conjunction with commercial uses to the north.
GC - 23 800 Queenston Road, Schedule "A", Map No. 5
Notwithstanding the provisions of paragraph (f) of Section 8.3.3 of the
General Commercial "GC" Zone, the maximum building height on those
PART 8
COMMERCIAL ZONES
COM-30
lands zoned "GC-23" by this By-law shall be 13.5 metres.
By-law 3863-93
GC - 24
270 Highway No. 8 and 153, 155 and 157 Green Road,
Schedule "A", Map No. 6
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone, the use of those lands zoned "GC-24" by this By-law shall be
limited to retail stores, video rental outlets, banks, bakery shops, personal
service shops, funeral homes, medical clinics, professional and business offices,
custom workshops, motor vehicle dealerships, motor vehicle service stations,
car washing establishments, public parking lots, animal hospitals in a wholly
enclosed building, laundromats and cleaning or pressing shops.
GC - 25 1451 Highway No. 8, Schedule "A", Map No. 9
In addition to the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, those lands zoned "GC-25" by this By-law may also be used for a
motor vehicle repair garage.
By-law 03-162
GC - 26
360 Highway No. 8 and rear lands of 87 Kilbourn Avenue,
Schedule "A", Map No. 6
Notwithstanding the regulations of paragraph (g)2. of Section 8.3.3 of the
General Commercial "GC" Zone, on those lands zoned "GC-26" by this By-
law, a minimum landscaped strip of 1.5 metres width shall be provided and
maintained along the easterly lot line.
GC - 27 297 Fifty Road, Schedule "A", Map No. 9
Notwithstanding the uses permitted in Section 8.3.2 of the General
Commercial "GC" Zone, those lands zoned "GC-27" by this By-law shall be
limited to veterinary clinics, bakery shops, bank or financial institutions, retail
stores, professional and business offices, custom workshops, dry cleaning
establishment and distribution centres, laundromats, service and repair shops,
personal service shops, restaurants, printing establishments, garden centres,
swimming pool or patio furniture sales and service and existing duplexes. No
commercial use shall be located within 3 metres of the existing duplex.
Notwithstanding the provisions of paragraphs (a), (c), (d), (e), (f), (g), (h) and
(i)2 of Section 8.3.3 of the General Commercial "GC" Zone on those lands
zoned "GC-27" by this By-law, the following provisions shall apply: The
PART 8
COMMERCIAL ZONES
COM-31
minimum frontage shall be 25 metres. The minimum front yard shall be 3
metres. The minimum side yard shall be 1.5 metres adjacent to any
residential zone and 25 metres from the centreline of Fifty Road. The minimum
rear yard shall be 25 metres while a detached residential building is situated on
these lands and 7.5 metres should the detached residential building be removed.
The maximum building height shall be 10.5 metres. No parking space shall be
located within 0.5 metres of any lot line abutting a street or within 1.5 metres of
the boundary of any residential zone. A landscaped strip having a minimum
width of 1.5 metres shall be provided adjacent to any lot line which abuts a
residential zone. Outdoor storage shall only be permitted when it is accessory
to a garden centre or swimming pool and outdoor furniture sales and services
but shall not be located within 3 metres of the lot line.
GC - 28 423 Barton Street, Schedule "A", Map No. 1
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone, those lands zoned "GC-28" by this By-law shall be limited to
restaurants and one accessory dwelling unit provided that such unit is located
within the same building, but not on the ground floor, cellar or basement.
By-law 3863-93 Notwithstanding the regulations of paragraphs (a), (c), (d), (e) and (g) of
Section 8.3.3 of the General Commercial "GC" Zone, on those lands zoned "GC-
28" by this By-law, the minimum lot frontage shall be 20 metres, the minimum
front yard shall be 3 metres, the minimum side yard shall be 6 metres, except 1
metre for the flankage yard, and a minimum landscaped strip having a minimum
width of 1.5 metres shall be provided adjacent to the easterly and northerly lot
lines.
GC - 29
438 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (i) of Section 8.3.3 and Section 4.10
of the General Commercial "GC" Zone, on those lands zoned "GC-29" by this
By-law, a minimum of 3 parking spaces shall be provided for a private or
commercial club.
GC - 30 1223 Highway No. 8, Schedule "A", Map No. 8
PART 8
COMMERCIAL ZONES
COM-32
Notwithstanding the uses permitted in paragraphs (c), (j), (l), (z) and (aa) of
Section 8.3.2 of the General Commercial "GC" Zone, on those lands zoned "GC-
30" by this By-law the permitted uses shall not include automatic car washes,
motor vehicle service stations, arenas, motor vehicle dealerships, printing
establishments or bus depots.
By-law 4414-96
Notwithstanding the provisions of paragraphs (e), (g)1., (g)2. and (i)1. of Section
8.3.3 of the General Commercial "GC" Zone, on those lands zoned "GC-30" by
this By-law, the following provisions shall apply: The rear lot line is considered
to be the continuous northerly lot line between the most easterly and westerly side
lot lines. The minimum rear yard shall be 4.5 metres adjacent to the rear lot line;
a minimum landscaped strip of 1.2 metres shall be provided adjacent to Highway
No. 8; a minimum landscaped strip of 2.2 metres shall be provided adjacent
the westerly lot line; a minimum landscaped strip of 1.5 metres is permitted along
the rear lot line within 56 metres of the westerly lot line, except
0.0 metres along the rear lot line shall be permitted within 31 metres of the
westerly lot line adjacent to the parking area. The minimum parking requirement
for a banquet hall shall be one (1) parking space per 4.3 square metres of public
floor area. In addition to Section 8.3.3 of the General Commercial "GC" Zone,
on those lands zoned "GC-30" by this by-law, only one principal building is
permitted on these lands.
By-law 20-152
GC-30(H)
1219 Highway No. 8, Schedule "A", Map No. 8 (Block 7)
Notwithstanding the provision of Section 3.8 "Holding Zones", on those lands
zoned "GC-30(H)" by this By-law, the Holding (H) symbol may be removed and
thereby give effect to the "GC-30" Zone provisions, upon completion of the
following:
(a)
That land assembly occur in order to provide commercial zoned frontage,
to the satisfaction of the Director of Planning and Chief Planner.
GC - 31 483 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the uses permitted in paragraph (i), (j), (t), (x), (z), (aa), (ac)
and (af) in Section 8.3.2 of the General Commercial "GC" Zone, those lands
zoned "GC-31" by this By-law shall not be used for a banquet hall, place of
PART 8
COMMERCIAL ZONES
COM-33
entertainment or recreation, motor vehicle dealership, motor vehicle
service station, public parking lot, hotel, motel, bus depot or laundromat.
GC - 32
102 King Street West, Schedule "A", Map No. 5
By-law 4470-96
In addition to the uses permitted by of Subsection 8.3.2, on those lands zoned "GC-
32" by this By-law, apartment dwelling units may be permitted pursuant to
Subsection 8.8.3, Zone Regulations, of Section 8.8, Mixed Use Commercial
"MUC" Zone.
Notwithstanding the provisions of paragraph (e) of Section 8.3.3 of the General
Commercial "GC" Zone, on those lands zoned "GC-32" by this By-law, the
minimum rear yard for an automatic car washing establishment shall be 5 metres.
GC - 33 Lot 22, Broken Front Concession, Southeast Corner of
Drakes Drive and Frances Avenue, Schedule "A", Map No. 1
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial "GC"
Zone, those lands zoned "GC-33" by this By-law shall be restricted to retail stores,
food stores, restaurants not exceeding 330 square metres of gross floor area, rental
outlets, banks, bakery shops, personal service shops, medical clinics, professional or
business offices or service shops.
Notwithstanding the provisions of paragraphs (c), (d), (e), (f), (g) and (i) of Section
8.3.3 of the "GC" Zone on those lands zoned "GC-33" by this By-law, the following
provisions shall apply: The minimum front yard shall be 13.5 metres abutting Frances
Avenue. The minimum side yard shall be 22 metres abutting Drakes Drive and 7.5
metres abutting the easterly side lot line. The minimum rear yard shall be 37 metres
abutting the North Service Road. The maximum building height shall be 7.5 metres.
The minimum parking requirements shall be 1 space for each 18.5 square metres of
gross leasable floor area. No parking space or part thereof shall be located closer than
3 metres from any street, or less than 3 metres to the boundary of any residential zone.
A minimum landscape strip of 6 metres shall be provided in the front yard except for
the necessary area required for truck turn around and loading areas in which case a
landscaped strip having a minimum width of 2 metres shall be provided adjacent to
any such area. A minimum landscaped strip of 3 metres shall be provided abutting
Drakes Drive and 3 metres abutting the easterly side lot line. A minimum landscaped
strip of 10 metres shall be provided abutting the North Service Road.
GC - 34 514 Highway No. 8, Schedule "A", Map No. 6
PART 8
COMMERCIAL ZONES
COM-34
Deleted by By-law No. 5196-00 (See General Commercial "GC-48" Zone)
By-law 3799-93 GC - 35 Part of Lot 21, Broken Front Concession, lands located on
the west side of Green Road between Frances Avenue and
the North Service Road, Schedule "A", Map No. 1
Notwithstanding the provisions of Subsection 8.3.2 "Permitted Uses" of the
General Commercial "GC" Zone, on those lands zoned "GC-35" by this By-law,
the uses permitted on said lands shall be as follows:
Animal hospitals only if wholly enclosed within a building, art galleries, athletic
clubs, bakeries, banks or financial institutions, banquet halls, business or child
care centres (By-law 25-156), commercial schools, convenient food stores, dry
cleaning depots, equipment rental, sales and repairs, food stores, libraries, medical
laboratories, medical clinics, museums, personal service shops, pharmacies,
places of entertainment or recreation, professional or business offices, restaurants,
retail stores, and uses, buildings or structures accessory to a permitted use.
Notwithstanding the provisions of paragraph (f) of Subsection 8.3.3 of the
General Commercial "GC" Zone on those lands zoned "GC-35" by this By- law,
the maximum height shall be one storey.
By-law 3881-93
GC - 36
975 Queenston Road, Schedule "A", Map No. 5
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone, the uses permitted on those lands zoned "GC-36" by this By-law
shall be limited to retail stores, equipment rental, sales or repairs, banks or
financial institutions, bakeries, personal service shops, medical clinics, animal
hospitals in wholly enclosed buildings, professional or business offices,
service shops, private or commercial clubs, business or commercial schools and
dry cleaning depots.
Notwithstanding the provisions of clauses 1 and 2 of paragraph (g) of Section
8.3.3 of the General Commercial "GC" Zone, on those lands Zoned "GC-36" by
this By-law, a landscaped strip having a minimum width of 3 metres shall be
provided adjacent to every portion of any lot line that abuts Donn Avenue except
for points of ingress and egress. A landscaped strip having a minimum
PART 8
COMMERCIAL ZONES
COM-35
width of 3 metres shall be provided adjacent to every portion of any lot line that
abuts any zone other than a commercial or industrial zone.
Notwithstanding the provisions of Section 4.10.9, Schedule of Minimum
Parking Requirements, parking regulations on those lands zoned "GC-36" by
this By-law, a minimum of 11 parking spaces shall be provided.
By-law 3921-93
GC - 37
454 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone, the uses permitted on those lands zoned "GC-37" by this By-law
shall be limited to a funeral home and business and professional offices and
uses, buildings and structures accessory thereto.
By-law 4022-94
GC - 38
92 and 100 Centennial Parkway South, Schedule "A", Map
No. 5
Notwithstanding the provisions of paragraphs (g) and (i) of Section 8.3.3 of
the General Commercial "GC" Zone, on those lands zoned "GC-38" by this By-
law, a landscaping strip having a minimum width of 2.5 metres shall be
provided and maintained adjacent to Centennial Parkway South, and adjacent
to the southerly lot line and a minimum of 39 parking spaces shall be
provided.
By-law 4195-95
GC - 39
30 Lake Avenue Drive, Schedule "A", Map No. 5
Notwithstanding the uses permitted in Section 8.3.2 and the provisions of
paragraphs (a), (b) and (g)1. of Section 8.3.3 of the General Commercial
"GC" Zone, those lands zoned "GC-39" by this By-law, shall only be used for
a parking lot used in conjunction with a funeral home. The minimum lot
frontage shall be 12 metres, the minimum lot area shall be 450 square metres
and a landscaped strip having a minimum width of 2.7 metres shall be provided
adjacent to any portion of the lot line abutting Lake Avenue Drive, except for
points of ingress and egress.
OMB Order
GC - 40
176-178 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the provisions of Zoning By-law No. 3692-92, by Ontario
Municipal Board Order of May 3, 1995, on those lands zoned "GC-40" by
this By-law, a minimum landscaped rear yard of 4.5 metres and an eight foot
PART 8
COMMERCIAL ZONES
COM-36
fence to be maintained on the southerly boundary of the subject lands, shall
be provided. In all other respects the standards and uses of the Western
Development Area Zoning By-law No. 2175 shall prevail.
By-law 4444-96
GC - 41
125, 135 Upper Centennial Parkway and 16 Highland
By-law 04-156
Road West, Schedule "A", Map No. 16
Notwithstanding the provisions of paragraph (ak) of Subsection 8.3.2 of Section
8.3 of the General Commercial "GC" Zone, restaurant-fast food, shall not be
permitted on those lands zoned "GC-41" by this by-law.
In addition to the regulations of Section 8.3.3 of the General Commercial
"GC" Zone, lands zoned General Commercial "GC-41" Zone by this By-law,
restaurant-convenience, restaurant-outdoor patio and restaurant-standard,
shall not be located within 60 metres of Highland Road.
By-law 4470-96
GC - 42(H)
74 Neil Avenue, Schedule "A", Map No. 5
Notwithstanding the provisions of Subsection 8.3.2 and paragraph (g) of
Subsection 8.3.3, on those lands zoned "GC-42(H)" by this By-law, the use shall
be limited to a single-detached dwelling and to a parking area used in
conjunction with the property to the north. A landscaped strip having a
minimum width of 2.5 metres shall be provided adjacent to any street except for
point of egress and ingress." A single-detached dwelling and accessory
building and structure thereto shall be permitted in accordance with Section
6.3 of this By-law.
By-law 4525-97
GC - 43
11 Whitedeer Road, 2157 Rymal Road East, Schedule
"A", Map No. 16
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, the uses permitted on those lands zoned "GC-43" by this By-law
shall be limited to animal hospitals only if wholly enclosed within a building, art
galleries, athletic clubs, auditoriums, bakeries, banks or financial
institutions, banquet halls, business or commercial schools, convenience food
stores, child care centres (By-law 25-156), dry cleaning depots, equipment rental,
sales or repairs, food stores, funeral homes, libraries, medical laboratories,
PART 8
COMMERCIAL ZONES
COM-37
medical clinics, museums, personal service shops, pharmacies, places of
entertainment or recreation, places of worship, private or commercial clubs,
professional or business offices, restaurants - convenience, fast food, outdoor
patio and standard, retail stores, theatres, one accessory dwelling unit and a home
occupation provided such unit is located together with a permitted commercial
use within the same building and is not located on the ground floor, or in the
cellar or basement and uses, buildings or structures accessory to a permitted
use.
By-law 4753-98
GC - 44
181 and 183 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the provisions of Section 8.3.2 "Permitted Uses for Each Lot",
those lands zoned "GC-44" by this By-law may only be used for medical
laboratories, medical clinics, massage and physical therapists, pharmacies,
professional or business offices, personal service shops which may include
personal exercise training, retail stores limited to medical supplies, sports
rehabilitation supplies, therapeutic supplies and accessories, one accessory
dwelling unit provided such dwelling unit is located together with a permitted
commercial use within the same building and is not located on the ground
floor, or in the cellar or basement, a home occupation and uses, buildings or
structures accessory to a permitted use.
Notwithstanding the provisions of paragraphs (a), (d), (g) and (f) of Section
8.3.3, "Zone Regulations For All Uses Other Than Those Uses Specified In
Sections 8.3.4, 8.3.5, 8.3.6 and 8.3.7", on those lands zoned "GC-44" by this
By-law, the minimum lot frontage shall be 30.0 metres, the minimum
flankage yard adjacent to Blenheim Drive and minimum landscaped strips
adjacent to the westerly and easterly lot lines shall be applicable only to the
development existing as of the date of the passage of the amending By-law
establishing the "GC-44" Zone and additions thereto which are in total less than
50 square metres and the maximum building height shall be 3 storeys.
Any additions of 50 square metres or more, or the construction of a new building
shall comply with paragraphs (b), (c), (d), (g), (h), (i) and (j) of Section 8.3.3
of the General Commercial "GC" Zone. Notwithstanding the provisions of
PART 8
COMMERCIAL ZONES
COM-38
paragraphs (a) and (f) of Section 8.3.3 of the General Commercial "GC" Zone,
the minimum lot frontage shall be 30.0 metres and the maximum building height
shall be 3 storeys.
In addition to the provisions of paragraph (i) of Subsection 8.3.3 on those lands
zoned "GC-44" by this By-law, parking shall only be permitted in the rear yard.
By-law 4915-99
GC - 45
Part of Lot 2, Broken Front Concession, Schedule "A",
OMB Order
Map No. 4
Nov.4/99
Notwithstanding the uses permitted in Section 8.3.2 of the General
Commercial "GC" Zone, those lands zoned 'GC-45" by this By-law may be
used for art galleries, athletic clubs, auditoriums, bakeries, banks or financial
institutions, banquet halls, business or commercial schools, convenience food
stores, child care centres (By-law 25-156), dry cleaning depots, equipment rental,
sales or repairs, food stores, funeral homes, libraries, medical laboratories,
medical clinics, motor vehicle parts and accessories retail stores, museums,
personal service shops, pharmacies, places of entertainment or recreation, places
of worship, private or commercial clubs, professional or business offices,
convenience restaurant, fast food restaurant, outdoor patio restaurant or standard
restaurant, retail stores, theatres, uses, buildings or structures accessory to a
permitted use, and apartment units and home occupations, provided said
apartment units and home occupations are located above ground floor
permitted commercial uses.
By-law 4951-99
GC - 46
369 and 377 Highway No. 8, Schedule "A", Map No. 6
By-law 02-303 Notwithstanding the provisions of Section 8.3.2 "Permitted Uses for Each Lot",
those lands zoned "GC-46" by this By-law may also be used for dwelling
units and home occupations provided such dwelling units are located above
the ground floor and are not located in the cellar or basement.
Notwithstanding paragraph (a) of Section 4.10.2 "Required Parking" the
minimum required parking as provided in Section 4.10.9 for any permitted uses
on those lands zoned "GC-46" by this By-law may be established wholly or
partially on adjacent lands owned by the Corporation of the City of Stoney
PART 8
COMMERCIAL ZONES
COM-39
Creek.
By-law 5194-00
GC - 47
627 Barton Street, 327-333 Fruitland Road, Schedule "A",
Map No. 2
In addition to the uses permitted in Subsection 8.3.2, of the General Commercial
"GC" Zone, those lands zoned "GC-47" by this By-law may also be used for any
assembling, manufacturing or processing use which is not obnoxious as defined
by this By-law; warehouses; wholesale uses; building supply outlets in enclosed
buildings; custom workshops; laboratories; printing establishments and
swimming pool sales and service. A motor vehicle dealership
By-law 06-232
is not permitted on those lands zoned "GC-47" by this By-law.
Notwithstanding paragraphs (c) and (d) of Subsection 8.3.3, the minimum front
yard and minimum flankage side yard for a warehouse or mini-storage shall be
60 metres.
By-law 5196-00
GC - 48
514-520 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the provisions of Subsection 8.3.2, of the General Commercial
"GC" Zone, those lands zoned "GC-48" by this By-law may only be used for
retail stores, banks and financial institutions, child care centres (By-law 25-156),
commercial schools, studios, business and professional offices, medical offices,
motor vehicle dealership, personal service shops, funeral homes, laundromats,
pharmacies, and dry cleaning outlets. Private and commercial clubs, variety and
convenience stores and video stores are expressly prohibited from those lands
zoned "GC-48" by this By-law.
Notwithstanding the provisions of Section 8.1.6, "Motor Vehicle Dealerships"
on those lands zoned "GC-48" by this By-law, a motor vehicle dealership
shall be permitted in accordance with the regulations of Subsection 8.3.3 of
the General Commercial "GC" Zone.
Notwithstanding the provisions of paragraph (g)(1) and (2) of Subsection
8.3.3 of the General Commercial "GC" Zone, a landscaped strip having a
minimum width of 4.5 metres shall be provided adjacent to any lot line abutting
a street, except for points of ingress and egress and it shall also be provided
PART 8
COMMERCIAL ZONES
COM-40
adjacent to a Residential Zone.
Notwithstanding the provisions of paragraph (l) of Subsection 8.3.3, of the
General Commercial "GC" Zone, the minimum parking ratio shall be 4 spaces
per 93 square metres of gross leasable floor area.
By-law 01-276
GC - 49
151 Upper Centennial Parkway, Schedule "A", Map No. 16
In addition to the uses permitted in Section 8.3.2 of the General Commercial
"GC" Zone of Zoning By-law No. 3692-92, the manufacturing and repair of
furniture shall also be permitted in conjunction with the retail sales of furniture.
By-law 02-335
GC - 50
604 Highway No. 8, Schedule "A", Map No. 7
(i)
Notwithstanding the provisions of paragraph (a) of Subsection 8.3.2 of
the General Commercial "GC" Zone, the uses shall be located within
the existing heritage building and shall be restricted to a medical clinic,
professional office and one (1) accessory dwelling unit, provided such
use is located together with a permitted commercial use within the
same heritage building and is not located on the ground floor, or in the
cellar or basement;
(ii)
Notwithstanding the provisions of Subsection 8.3.3 of the General
Commercial "GC" Zone, the external appearance and height, comprising
of the entire north, east, west and east facades and hip roof, and all
associated building material and architectural features of the two-and-
one-half storey heritage structure, shall be preserved and maintained.
These materials and features include, but are not limited to, the high stone
foundation, wrap- around verandah, entranceways and doors, windows
and leaded glass, stone sills and lintels, brickwork, chimneys, cross gables
and hip roof and all associated decorative woodwork existing on the day of
the passing of the By- law;
(iii)
Notwithstanding the provisions of paragraph (a) of Subsection 8.3.3 of
the General Commercial "GC" Zone, the minimum lot frontage shall be
thirty (30) metres;
(iv)
Notwithstanding the provisions of paragraph (g) 2. of Subsection 8.3.3
PART 8
COMMERCIAL ZONES
COM-41
of the General Commercial "GC" Zone, the minimum landscaped strip
along the east property line and the rear lot line, between the east
property line and detached garage, shall be 2.5 metres;
(v)
Notwithstanding the provisions of Subsection 8.1.4, Accessory
Buildings, of the General Provisions For Commercial Zones, the
minimum rear yard setback shall be 1.5 metres; and,
By-law 04-143
(vi)
The "H" symbol may be removed from those lands zoned "GC-50(H)"
by this By-law, at such time as the owner has entered into a Site Plan
Agreement with the City.
By-law 03-310
GC - 51
427 Highway No. 8 and 171 to 173 Margaret Avenue,
Schedule "A", Map No. 6
Notwithstanding the permitted uses in Subsection 8.3.2 of the General
Commercial "GC" Zone, those lands zoned "GC-51" by this By-law shall be
limited to a motor vehicle parts and accessories retail store including the
installation of a motor vehicle parts and accessories on site.
Notwithstanding the provisions of paragraphs (a), (e) and (g) of Section 8.3.3 of
the General Commercial "GC" Zone, on those lands zoned "GC-51" by this By-
law, the following provisions shall apply:
1. Minimum Lot Frontage: 27 metres.
2. Minimum Rear Yard: 10.8 metres
3. A landscaping strip having a minimum width of 4.5 metres shall be
provided and maintained along the entire rear lot line with a 1.8 metre high
continuous solid fence.
4. A landscaping strip having a minimum width of 1.5 metres shall be
provided and maintained along the entire east side lot line, with the
exception of the proposed driveway access, and be planted with coniferous
vegetation at a minimum height of 1.5 metres where it abuts parking spaces.
5. A landscaped strip having a minimum width of 0.5 metres shall be provided
and maintained along the entire west side lot line with a 1.8 metre high
continuous solid fence.
PART 8
COMMERCIAL ZONES
COM-42
By-law 05-211
GC - 52(H)
272 First Road West, Schedule "A", Map No. 11
By-law 14-078
(H Removal)
On those lands zoned "GC-52(H)" the Holding "H" symbol may be removed by
way of an amendment to the Zoning By-law when the applicant has carried out
a traffic impact study and at such time as these lands can be adequately and
appropriately serviced with municipal water and sanitary sewers, both to the
satisfaction of the Manager, Development Engineering.
PART 8
COMMERCIAL ZONES
COM-43
By-law 06-290
GC - 53
259-261 Highway No. 8, Schedule "A", Map No. 6
By-law 14-198
Notwithstanding the uses permitted in Subsection 8.3.2, only the following uses
shall be permitted: Retail Stores, Personal Services Shops, Fast Food
Restaurants, Professional and Business Offices, Dentures Clinics, Optometrists,
Financial Institution and an Animal Hospital only if wholly enclosed within a
building.
Notwithstanding the provisions of paragraphs (a) and (i) of Subsection 8.3.3, the
minimum lot frontage shall be 41 metres and a parking ratio of 1 space per 31
square metres of gross floor area shall be provided and maintained.
By-law 07-172
GC - 54
2247 Rymal Road East, Schedule "A", Map No. 16
Notwithstanding permitted use (aq) in Section 8.3.2 of the General Commercial
"GC" Zone, on those lands zoned "GC-54" by this By-law, the following shall be
permitted: Dwelling units and home occupations provided such units are located
together with a permitted commercial use within the same building and are not
located on the ground floor, or in the cellar or basement.
Notwithstanding the provisions of paragraphs (e), (f), (g) 2., (i) and (j) of
Section8.3.3 of the General Commercial "GC" Zone, on those lands zoned "GC-
54" by this By-law, the following provisions shall apply: the minimum rear yard
abutting a residential zone shall be 18 metres; the maximum building height shall
be 15 metres; the minimum landscaped strip width abutting any zone other than a
commercial or industrial zone shall be 6 metres; 1 parking space per 30 square
metres of gross floor area or fraction thereof shall be required; and, a minimum of
1 loading space shall be provided.
Notwithstanding paragraph b) of Section 4.10.3 "Dimensions of Parking Spaces,
the minimum parking space size shall be 2.75 metres by 5.8 metres; and paragraph
a) of Section 4.10.5 "Access to Parking Spaces", the minimum direct access
driveway width for the rear parking spaces shall be 4.5 metres.
PART 8
COMMERCIAL ZONES
COM-44
By-law 13-114
GC-55
303 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the provisions of Paragraphs (a), (c), (e), and (g) of Section
8.3.3 "Zone Regulations", and the definition of "Landscaped Strip" contained in
Part 2 of Zoning By-law No. 3692-92, on those lands zoned "GC-55" by this By-
law, the following shall apply for all uses, including those uses specified in
Sections 8.3.4, 8.3.5, 8.3.6, and 8.3.7:
(a) Minimum Lot Frontage
21m.
(c) Maximum Front Yard
3.0m, except that a minimum front
yard of 7.5m shall be provided and
maintained for the building or a
portion of the building existing on
the date of the passing of this By-
law, being the 24th day of April,
2013.
(e) Minimum Rear Yard
5m.
(g) Minimum Landscaped Open Space - 10 percent of the lot area, a portion of
which shall include the following, where applicable:
1. A landscaped strip having a minimum width of 4.5m shall be provided
and maintained adjacent to every portion of any lot line that abuts a
street, except for points of ingress and egress.
2. A landscaped strip having a minimum width of 4.5m shall be provided
and maintained adjacent to every portion of any lot line that abuts any
zone other than a commercial or industrial zone, except that a
landscaped strip having a minimum width of 3.0m is permitted along
the easterly side lot line.
3. No landscaped strip shall be required adjacent to a portion of any lot
line that abuts a commercial or industrial zone.
4. A retaining wall is permitted in a landscaped strip.
PART 8
COMMERCIAL ZONES
COM-45
By-law 17-211
GC-55(T)
60, 68 and 72 Centennial Parkway South, Schedule "A",
Map No. 5
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, no use is permitted on lands zoned "GC-55(T)" by this By-law except
for the following:
Medical Clinic, provided the maximum floor area - gross leasable does not exceed
1,203 square metres;
Retail Stores, provided the maximum gross floor area does not exceed 100 square
metres; and,
Convenience Food Stores, excluding the sale of pharmaceutical drugs,provided
the maximum gross floor area does not exceed 75 square metres.
The total maximum gross floor area ofallaccessory uses of retail stores and
convenience food storescombined shall not exceed 402 square metres.
Notwithstanding the provisions of Paragraphs (c), (d), (f), and (g) of Subsection
8.3.3 of the General Commercial "GC" Zone, and Subsections 4.9.1 (c), 4.10.3 (a)
and 4.10.9, the following regulations shall apply:
(c) Minimum Front Yard
1.2 metres
(f) Maximum Building Height
11 metres
(g) Minimum Landscaped Open Space
10% of the lot area, a portion of
which shall include the following,
where applicable:
1. A landscaped strip having a
minimum width of 1.2 metres
along the building and 1.6 metres
along the parking area shall be
provided except for points of
ingress and egress.
2. A landscaped strip having a
minimum width of 2.5 metres for
the northerly side yard and 0.76
metres for the southerly side yard
adjacent to a Multiple Residential
(RM1) Zone, and 2.2 metres for
the easterly side yard adjacent to a
Single Residential "R2" Zone
shall be provided, along with a 1.8
PART 8
COMMERCIAL ZONES
COM-46
metre visual barrier, adjacent to
every portion of any lot line that
abuts any zone other than a
commercial or industrial zone.
Notwithstanding the provisions of Subsection 4.9.1 (c), a loading space shall have
dimensions of 3.0 metres by 5.5 metres.
Notwithstanding the provisions of Subsection 4.10.3 (a), required parking spaces
for 90 degree perpendicular parking space shall have minimum rectangular
dimensions of 2.6 metres by 5.5 metres.
Notwithstanding the provisions of Subsection 4.10.3 (b), for other than 90 degree
perpendicular parking spaces, the required parking space shall not be less than 2.4
metres in width or less than 6.0 metres in length.
Notwithstanding the provisions of Subsection 4.10.4(a), parking designated for
vehicles of physically challenged shall have minimum rectangular dimensions of
4.4 metres by 5.5 metres.
Notwithstanding the provisions of Subsection 4.10.9, Schedule of Minimum
Parking Requirements, a medical clinic not located in a shopping centre shall have
a minimum parking requirement of 1 parking space for each 16 sq. m. of Floor
Area - Gross Leasable, and retail storesand convenience food stores as accessory
usesshall have no minimum parking requirement.
In addition to the uses permitted on those lands zoned "GC-55(T)" by this By-
law, a medical clinic and accessory uses, in addition to the existing medical clinic
of 850 square metres, having a Maximum Floor Area - Gross Leasable of 1605
sq. m., may be erected. The parking requirement for the existing medical clinic
shall be 45 spaces.This exemption shall apply until October 11, 2020.
By-law 06-086
GC - 56
3 Green Mountain Road West, Schedule "A", Map No. 11
Notwithstanding the provisions of Paragraphs (f), (h), (i)(3) of Subsection 8.1.5
"Motor Vehicle Service Stations And Car Washing Establishments" of the "General
Provisions for Commercial Zones" and Subsection 4.10.3 "Dimensions of Parking
Space" of the "Parking Regulations", on those lands zoned "GC-56", the following
shall apply:
(a) Minimum Rear Yard
1.5 metres
(b) Minimum Landscape Open Space
A landscaped strip shall only be
required adjacent to every portion of
any lot line that abuts any street,
except for points of ingress and
PART 8
COMMERCIAL ZONES
COM-47
egress, and be a minimum width of
3.2 metres.
(c) The width of an entrance or exit ramp shall be not more than 12.9 metres abutting
Upper Centennial Parkway and 12.4 metres abutting Green Mountain Road West.
The width of an entrance or exit ramp shall be not less than 9.0 metres along either
street.
(e) (i) Required parking spaces for 90 degree perpendicular parking may have
minimum rectangular dimensions of 2.6 metres by 5.8 metres exclusive of any
lands used for access, manoeuvring, driveways or a similar purpose.
(ii) For other than 90 degree perpendicular parking spaces, the parking space shall
not be less than 2.4 metres in width or less than 5.9 metres in length exclusive
of any land used for access, manoeuvring, driveways or a similar purpose.
In addition to the definition of "Landscaped Strip", a gateway feature shall be
required within the Landscaped Strip at the corner of Green Mountain Road West
and Upper Centennial Parkway which may include, but not be limited to, a
decorative wall, signage, lighting and / or metal works.
By-law 18-086
GC-57
417, 419, 421 and 423 Highway No. 8, and portions of 176
Millen Road and 175 Margaret Avenue, Schedule "A", Map
No. 6
Notwithstanding the permitted uses in Section 8.3.2 of the General Commercial
"GC" Zone, the use of those lands zoned "GC-57" by the By-law shall be limited
to:
Animal Hospital only if wholly enclosed within a building;
Art Galleries;
Athletic Clubs;
Bakeries;
Banks or Financial Institutions;
Business or Commercial Schools;
Car Washing Establishments;
child care centres (By-law 25-156);
Convenience Food Stores;
Dry Cleaning Depots;
Equipment Rental, Sales or Repairs;
Medical Clinics;
Food Stores;
Funeral Homes;
Gasoline Bars; and
Office.
PART 8
COMMERCIAL ZONES
COM-48
provided the maximum gross floor area for all commercial uses within a building
does not exceed 1,800 square metres.
Notwithstanding the provisions of Paragraphs (c) and (g), of Section 8.3.3, Section
4.9.2, Section 4.10.9, Section 4.16, and Paragraphs (a) and (d) of Section 4.19,
within the General Commercial "GC-57", Modified, Zone, the following shall
apply:
c)
Minimum Front Yard
2.0 metres
g)
Minimum Landscape Open Space
1. A landscape strip having a minimum width of 1.75 metres shall be
provided adjacent to every portion of any lot line that abuts a street
except for points of ingress and egress.
2. A landscaped strip having a minimum width of 1.5 metres shall be
provided adjacent to every portion of any lot line that abuts any zone
other than a commercial or industrial zone.
Notwithstanding Section 4.9.2, loading spaces shall not be required.
Notwithstanding the provisions of Paragraph (a) of Section 4.10.3 the minimum
dimension of a parking space shall be 2.75 metres in width by 5.8 metres in
length.
Notwithstanding Section 4.10.9, Schedule of Minimum Parking Requirements,
a minimum of 59 parking spaces shall be provided for all uses on the subject
lands.
A maximum of 50% of glazing on west facing windows shall be composed of
transparent vision glass.
PART 8
COMMERCIAL ZONES
COM-49
SECTION 8.4
SERVICE COMMERCIAL "CS" ZONE
8.4.1
Scope
No person shall within any Service Commercial "CS" Zone use any land or
erect, alter or use any building or structure, except in accordance with the
following provisions:
8.4.2
Permitted Uses For Each Lot
(a)
Athletic Clubs
(b)
Banks or Financial Institutions
(c)
Banquet Halls
(d)
Hardware Stores
(e)
Household Furnishing Sales
(f)
Nursery Garden Centres
(g)
Restaurants - Standard
(h)
Trade and Convention Halls
(i)
Uses, buildings or structures accessory to a permitted use
8.4.3
Zone Regulations
(a)
Minimum Lot Frontage
-
100 metres
(b)
Maximum Lot Coverage
-
30 percent
(c)
Minimum Front Yard
-
15 metres
(d)
Minimum Side Yard
-
14 metres
(e)
Minimum Rear Yard
-
9 metres, except 15 metres
abutting a residential zone
(f)
Maximum Building Height
-
15 metres
(g)
Principal Buildings Per Lot
-
Maximum 2
(h)
Minimum Building Separation
Between Buildings on the Same Lot -
9 metres
(i)
Minimum Landscaped Open Space - 10 percent of the lot area, a
portion of which shall include the following where applicable:
1.
A landscaped strip having a minimum width of 6 metres shall be
provided adjacent to every portion of any lot line that abuts a
street except for points of ingress and egress.
PART 8
COMMERCIAL ZONES
COM-50
2.
A landscaped strip having a minimum width of 10 metres shall be
provided adjacent to every portion of any lot line that abuts any zone
other than a commercial or industrial zone.
3.
A landscaped strip having a minimum width of 1.5 metres shall
be provided adjacent to every portion of any lot line that abuts
commercial or industrial zone.
(j) Outside Storage - No outside storage or sales areas shall be permitted.
The display of goods in any yard other than a required yard may be
permitted provided that such display is accessory to or in conjunction with
the commercial use carried on in an enclosed building on the same lot.
(k) Minimum Parking Requirements
1.
Parking spaces shall be provided in accordance with the provisions
of Section 4.10 for those uses specified therein.
2.
For all other permitted uses not specified in Section 4.10, a
minimum of one parking space per 28 square metres of gross floor
area or fraction thereof shall be required.
(l)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 4.9.
8.4.4
Special Exemptions
By-law 06-017
CS - 1(H)
1809 Rymal Road East, Schedule "A", Map No. 15
In addition to the uses permitted in Section 8.4.2 of the Service Commercial
"CS" Zone, on those lands zoned "CS-1(H)" by this By-law, the following
additional uses shall be permitted: Showroom, warehouse and retail area for
kitchens and kitchen related products and accessories; paint store; appliance
store; carpet and floor finishes store; electronics store; commercial
entertainment center including such uses as an arcade, bowling, laser tag and
mini-putt, all and only within an enclosed building; and dance studio.
The Holding "H" Symbol may be removed on those lands zoned "CS-1(H)"
by way of an amendment to the Zoning By-law at such time as an archaeological
assessment has been completed and mitigation, through preservation or
resource removal and documentation of any adverse impacts to any significant
archaeological resources found, to the satisfaction of the Director of
Development and Real Estate, and the Ministry of Culture.
PART 8
COMMERCIAL ZONES
COM-51
SECTION 8.5
CENTRAL AREA COMMERCIAL "CA1" ZONE
8.5.1
Scope
No person shall within any Central Area Commercial One "CA1" Zone use
any land or erect, alter or use any building or structure, except in accordance
with the following provisions:
8.5.2
Permitted Uses For Each Lot
(a)
(b)
Amusement Centres excluding places of amusement
Art Galleries
By-law 4470-96
(c)
Arts and Craft Studios
(d)
Bakeries
(e)
Banks or Financial Institutions
(f)
Business or Commercial Schools
(g)
Bus Depots
(h)
Child Care Centres (By-law 25-156)
(i)
Community Centres
By-law 4513-97
(j)
(k)
Dry Cleaning Depots
Dwelling Units and a Home Occupation
(l)
Funeral Homes
(m)
Hotels
(n)
Libraries
(o)
Medical Clinics
(p)
Parking Garages and Parking Lots
(q)
Personal Service Shops
(r)
Pharmacies
(s)
Places of Entertainment or Recreation
(t)
Post Offices
(u)
Printing Establishments
(v)
Professional and Business Offices
(w)
Public Uses
PART 8
COMMERCIAL ZONES
COM-52
(x)
Restaurants - Convenience
(y)
Restaurants - Outdoor Patio
(z)
Restaurants - Standard
(aa) Retail Stores
(bb) Taverns
(cc) Uses, buildings or structures accessory to a permitted use
8.5.3
Zone Regulations For All Uses Other Than Those Uses Specified In
Section 8.5.4
(a)
Minimum Front Yard
-
0 metres
(b)
Minimum Side Yard
-
0 metres except 4.5 metres abutting
a non-commercial zone
(c)
Minimum Rear Yard
-
0 metres except 4.5 metres abutting
a non-commercial zone
(d)
Maximum Building Height
-
11 metres
(e)
Minimum Landscaped Open Space - none
(f) Open Storage - No outside storage shall be permitted. The display or
sale of goods in any yard may be permitted provided that such display
is accessory to or in conjunction with the commercial use carried on in an
enclosed building on the same lot.
(g)
Minimum Parking Requirements
1.
Parking spaces shall be required for non-residential uses in
accordance with Section 4.10. Where parking standards for
permitted uses are not specified in Section 4.10, parking shall be
provided at the rate of one space for every 28 square metres of gross
floor area.
2.
Parking spaces shall be provided for apartment uses in accordance
with Section 4.10.
PART 8
COMMERCIAL ZONES
COM-53
By-law 4470-96
(h)
Dwelling Units shall not be located on the portion of the ground floor
facing King Street East.
(i)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 4.9.
8.5.4
Regulations For Outdoor Patio Restaurants
Outdoor patio restaurants are permitted in accordance with Section 8.1.7.
8.5.5
Special Exemptions
By-law 4470-96
By-law 4635-97
CA1 - 1 Certain Lands on King Street, Jones Street (north
side), Rosedale Drive and Mill Lane, Schedule "A",
Map No. 5
In addition to the uses permitted by Subsection 8.5.2, on those lands zoned
"CA1-1" by this By-law, an existing single-detached dwelling and accessory
structures are permitted in accordance with the regulations of Section 6.3 of this
By-law and a maximum of one Hospice may be permitted within the "CA1-1"
Zone.
Notwithstanding the provisions of paragraphs (a), (b), (c), (d), (e) and (i) of
Subsection 8.5.3, permitted uses shall only be established within existing
buildings. Additions to existing buildings shall be permitted in accordance
with the regulations of Subsection 8.5.3.
In addition to paragraph (e) of Subsection 8.5.3, where a parking area for any
commercial use abuts a residential zone, a 2 metre wide landscaped strip and a
privacy fence shall be provided and maintained along the lot line. A
landscaping strip having a minimum width of 4 metres shall be provided
along the front lot line, except for points of egress and ingress.
CA1 - 2 99 King Street West, Schedule "A", Map No. 5
Notwithstanding the permitted uses in Section 8.5.2 of the Central
Commercial "CA1" Zone, the use of lands zoned "CA1-2" by this By-law
shall be restricted to the office of two of the following: Lawyers, architects,
insurance agents, accountants, engineers and management consultants
PART 8
COMMERCIAL ZONES
COM-54
provided that the maximum number of employees to be permitted on the
entire site is 5. Notwithstanding paragraph (c) of Section 8.5.3 the minimum
rear yard shall be 5.25 metres.
CA1 - 3 21 Jones Street, Schedule "A", Map No. 5
Notwithstanding the permitted uses of Section 8.5.2 of the Central Commercial
"CA1" Zone, the uses of those lands zoned "CA1-3" by this By-law shall be
limited to retail stores, standard restaurants not exceeding 245 square metres of
public floor area, outdoor patio restaurants, professional and business offices,
places of entertainment or recreation, live theatres, private or commercial clubs
and schools, public uses and uses accessory to the permitted uses.
Notwithstanding the provisions of paragraph (g) of Section 8.5.3 of the Central
Commercial "CA1" Zone, on those lands zoned "CA1-3" by this By-law, a
minimum of 49 parking spaces shall be provided for a standard restaurant.
CA1 - 4 1 Elm Avenue, Schedule "A", Map No. 5
Notwithstanding the provisions of paragraph (g)2 of Section 8.5.3 of the Central
Commercial "CA1" Zone, on those lands zoned "CA1-4" by this By-law, 1
parking space shall be provided on site for the permitted dwelling unit.
By-law 3904-93
CA1 - 5
79 King Street East, Lot 111, Registrar's Compiled Plan No.
1424, Schedule "A", Map No. 5
Notwithstanding the provisions of paragraph (g) of Section 8.5.3 of the
Central Commercial "CA1" Zone and Section 4.10.2, Required Parking to be
on Same Lot, on those lands zoned "CA1-5" by this By-law, no parking
spaces shall be required on site for uses on the second floor, provided a
cash-in-lieu contribution of four parking spaces is provided.
By-law 4470-96
CA1 - 6
69, 71 and 73 King Street West, Schedule "A", Map No. 5
In addition to paragraph (e) of Subsection 8.5.3, of the Central Commercial
"CA1" Zone, on those land zoned "CA1-6" by this By-law where a parking area
for any commercial use abuts a residential zone, a 2 metre wide landscaped strip
shall be provided and maintained along the lot line. In addition to paragraph
(g), parking spaces shall not be permitted in the front yard. Notwithstanding
PART 8
COMMERCIAL ZONES
COM-55
paragraph (d), the maximum building height shall be
14 metres.
By-law 4470-96
CA1 - 7
76 King Street East, Schedule "A", Map No. 5
In addition to the uses permitted in Section 8.5.2, of the Central Commercial
"CA1" Zone, those lands zoned "CA1-7" by this By-law may also be used as an
Animal Hospital.
By-law 04-223
CA1 - 8
10 Second Street North, Schedule "A", Map No. 5
Notwithstanding the permitted uses in Section 8.5.2 of the Central Area
Commercial "CA1" Zone, the use of lands zoned "CA1-8" by this By-law
shall be restricted to only business and professional offices, excluding medical
offices or medical clinics, wholly contained within the building existing at the
date of the passage of this amending By-law.
Notwithstanding Paragraph (b) of Section 8.5.3, on those lands zoned "CA1-
8" by this By-law, a minimum side yard of 0.39 metres shall be provided and
maintained along the easterly side yard for the existing building.
Notwithstanding Paragraph (e) of Section 8.5.3, on those lands zoned "CA1-
8" by this By-law, a landscaped open space area having a minimum width of 6
metres shall be provided and thereafter maintained adjacent to Second Street
North except for points of ingress and egress, and a landscape open space area
having a minimum width of 3.38 metres shall be provided and thereafter
maintained adjacent to Brandow Court.
Notwithstanding Paragraph (g) of Section 8.5.3 or any other provision or
definition in this By-law to the contrary, on those lands zoned "CA1-8" by
this By-law, a minimum of six parking spaces shall be provided for the business
and professional office in the existing building which shall be provided in the
rear yard only. In addition, tandem parking may be permitted to a maximum of
three spaces deep, and the driveway access to the permitted tandem parking
spaces shall have a minimum width of 5.5 metres.
PART 8
COMMERCIAL ZONES
COM-56
By-law 08-115
CA1 - 9
61-65 King Street West, Schedule "A", Map No. 5
In addition to the provisions of Subsection 8.5.5 of the Central Area Commercial
"CA1-1" Zone, on those lands zoned "CA1-9" of this by-law, the two single-
detached dwellings existing on the date of the passing of this by- law, being the
14th day of May, 2008, shall be permitted to remain on one lot.
PART 8
COMMERCIAL ZONES
COM-57
SECTION 8.6
CENTRAL AREA COMMERCIAL "CA2" ZONE
8.6.1
Scope
No person shall within any Central Area Commercial "CA2" Zone use any
land or erect, alter or use any building or structure, except in accordance with
the following provisions:
8.6.2
Permitted Uses For Each Lot
(a)
(b)
Amusement Centres excluding places of amusement
Art Galleries
By-law 4470-96
(c)
Arts and Craft Studios
(d)
Bakeries
(e)
Banks or Financial Institutions
(f)
Business or Commercial Schools
(g)
Bus Depots
(h)
Child Care Centres (By-law 25-156)
By-law 4513-97
(i)
(j)
Dry Cleaning Depots
Dwelling Units and a Home Occupation
(k)
Funeral Homes
(l)
Hotels
(m)
Libraries
(n)
Medical Clinics
(o)
Parking Garages or Parking Lots
(p)
Personal Service Shops
(q)
Pharmacies
(r)
Places of Entertainment or Recreation
(s)
Post Offices
(t)
Printing Establishments
(u)
Professional or Business Offices
(v)
Public Uses
(w)
Restaurants - Convenience
(x)
Restaurants - Outdoor Patio
PART 8
COMMERCIAL ZONES
COM-58
(y)
Restaurants - Standard
(z)
Retail Stores
(aa) Taverns
(bb) Uses, buildings or structures accessory to a permitted use
8.6.3
Zone Regulations For All Uses Other Than Those Uses Specified in
Section 8.6.4.
By-law 4605-97
(a)
(b)
Minimum Front Yard
Maximum Front Yard on
-
0 metres
King Street
-
1.5 metres
(c)
Minimum Side Yard
-
0 metres except 4.5 metres
abutting a non-commercial zone
(d)
Minimum Rear Yard
-
0 metres except 4.5 metres
abutting a non-commercial zone
(e)
Maximum Building Height
-
none except 10 metres within
30 metres of King Street
(f)
Maximum Residential Density
-
200 dwelling units per hectare
(g)
Minimum Landscaped Open Space - none
(h)
Amenity Area - The minimum total of all the amenity areas shall be as
set forth in the following:
Type of Dwelling Unit
Minimum Amenity Area
Bachelor Unit
7 square metres per unit
One Bedroom Unit
9 square metres per unit
Two Bedroom Unit
25 square metres per unit
Three Bedroom Unit
44 square metres per unit
Four Bedroom Unit
63 square metres per unit
Not less than 10 percent of the total of the amenity areas shall be
provided inside the building and such inside area shall not be less than
93 square metres.
PART 8
COMMERCIAL ZONES
COM-59
By-law 4470-96
(i)
Dwelling units shall not be located on the portion of the ground floor
facing King Street East.
(j)
Minimum Parking Requirements
1. Parking spaces shall be required for non-residential uses in
accordance with Section 4.10.
Where parking standards for
permitted uses are not specified in Section 4.10, parking shall be
provided at the rate of one space for every 28 square metres of
gross floor area.
2. Parking spaces shall be provided for apartment uses in accordance
with Section 4.10.
(k)
Outside Storage
No outside storage shall be permitted. The display or sale of goods in
any yard may be permitted provided that such display is accessory to or
in conjunction with the commercial use carried on in an enclosed
building on the same lot.
(l)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 4.9.
8.6.4
Regulations For Outdoor Patio Restaurants
Outdoor patio restaurants are permitted in accordance with Section 8.1.7.
PART 8
COMMERCIAL ZONES
COM-60
SECTION 8.7
HIGHWAY COMMERCIAL "HC" ZONE
8.7.1
Scope
No person shall within any Highway Commercial "HC" Zone use any land or
erect, alter or use any building or structure, except in accordance with the
following provisions:
8.7.2
Permitted Uses For Each Lot
(a) Bus Depots
(b) Car Washing Establishments
(c)
Convenience Food Stores not exceeding 150 square metres in gross
floor area
(d) Gasoline Bars
(e) Hotels
(f) Motels
(g) Motor Vehicle Parts and Accessories Retail Stores
(h) Motor Vehicle Dealerships
(i) Motor Vehicle Service Stations
(j) Nursery Garden Centres
(k) Permanent Fruit and Vegetable Stands
(l) Places of Entertainment or Recreation
(m) Recreational Vehicle Sales
(n) Restaurants - Convenience
(o) Restaurants - Fast Food
(p) Restaurants - Outdoor Patio
(q) Restaurants - Standard
(r) Uses, buildings or structures accessory to a permitted use.
8.7.3
Zone Regulations For All Uses Other Than Those Uses Specified In
Sections 8.7.4, 8.7.5, 8.7.6 and 8.7.7
(a)
Minimum Lot Area
-
1,858 square metres
(b)
Minimum Lot Frontage
-
30 metres
(c)
Maximum Lot Coverage
-
30 percent
PART 8
COMMERCIAL ZONES
COM-61
(d)
Minimum Front Yard
-
23 metres
(e)
Minimum Side Yard
-
6 metres except 7.5 metres for a
flankage yard, and
-
9 metres abutting a residential zone
(f)
Minimum Rear Yard
-
9 metres except 15 metres abutting
a residential zone
(g)
Maximum Building Height
-
15 metres
(h)
Minimum Landscaped Open Space - 10 percent of the lot area, a
portion which shall include the following where appropriate
By-law 3863-93 1. A landscaped strip having a minimum width of 6 metres shall be
provided adjacent to any street except for points of ingress and
egress.
2.
A landscaped strip having a minimum width of at least 9 metres
shall be provided adjacent to every portion of any lot line that abuts
any zone other than a commercial or industrial zone.
3.
A landscaped strip having a minimum width of 1.5 metres shall
be provided adjacent to every portion of any lot line that abuts
another lot.
(i)
Outside Storage - No outside storage shall be permitted except where
such storage is temporary or accessory to the principal use and is
located in the side or rear yards and is screened from view.
(j)
Minimum Parking Requirements
1.
Parking spaces shall be provided in accordance with the provisions
of Section 4.10 for those uses specified herein.
2.
For all uses not specified in Section 4.10, a minimum of one
parking space per 28 square metres of gross floor area or fraction
thereof shall be required.
3.
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 1.5 metres from any rear lot line or any
lot line abutting a street, or less than 7 metres from the boundary
PART 8
COMMERCIAL ZONES
COM-62
of any residential zone.
(k)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 4.9.
8.7.4
Regulations For Motor Vehicle Service Stations
Motor Vehicle Service Stations are permitted in accordance with Section
8.1.5.
8.7.5
Regulations For Motor Vehicle Dealerships
Motor Vehicle Dealerships are permitted in accordance with Section 8.1.6.
8.7.6
Regulations For Car Washing Establishments
Car washing establishments are permitted in accordance with Section 8.1.5.
8.7.7
Regulations For Outdoor Patio Restaurants
Outdoor patio restaurants are permitted in accordance with the provisions of
Section 8.1.7.
8.7.8
Special Exemptions
HC - 1(H) Lands Located in the Northeast Quadrant of the Queen
Elizabeth Highway and Fifty Road, Schedule "A", Map
No. 4
Notwithstanding the permitted uses in Section 8.7.2 of the Highway
Commercial "HC" Zone, those lands zoned "HC-1(H)" by this By-law shall only
be used for facilities for the traveling and vacationing public including hotels,
motels, restaurants including an accessory bar or tavern, farmer's
market, fruit or vegetable stands garden centre, wine shop, marine brokerage
office, tourist information centre, marine equipment and accessories sales and
service, automotive service station including a propane outlet, one provisioner's
outlet or laundromat and uses accessory to the permitted uses.
HC - 2 443 Regional Road 20, Schedule "A", Map No. 18
Notwithstanding the uses permitted in Section 8.7.2 of the Highway
Commercial "HC" Zone, on those lands zoned "HC-2" by this By-law the
permitted uses shall be restricted to a motor vehicle service station, motel, hotel,
PART 8
COMMERCIAL ZONES
COM-63
banquet hall not exceeding a gross floor area of 500 square metres, restaurant,
coffee shop, convenience food store with a gross floor area not exceeding 130
square metres, antique shop, gift shop, garden/nursery centre, fruit and
vegetable stand or market and one accessory residential unit.
Notwithstanding the provisions of paragraphs (c), (d), (e) and (h) of Section
8.7.3 of the Highway Commercial "HC" Zone, on those lands zoned "HC-2"
by this By-law, the minimum front yard shall be 14 metres, the minimum side
yard adjacent to Tapleytown Road shall be 12 metres and a landscaped strip
having a minimum width shall be provided as follows: 6 metres adjacent to
Regional Road 20; 5 metres adjacent to Tapleytown Road; 7.5 metres
adjacent to northerly lot line; and 6 metres adjacent to the easterly lot line.
HC - 3(H) North Side of Rymal Road East, West of Upper
Centennial Parkway, Schedule "A", Map No. 16
On those lands zoned "HC-3(H)" by this By-law, the "H" symbol may be
removed by a further amendment to this By-law at such time as the following
provisions are satisfied:
1.
Piped municipal water and sanitary sewers are available and adequate to
service the subject lands.
2. Approval of a traffic report, as may be required by the Ministry of
Transportation.
3.
Details of any proposed storm works are approved by the Corporation
and the Ministry of Transportation.
4. A Development Agreement has been entered into by the owner with the
Corporation.
By-law 4180-95
HC - 4
2251 Rymal Road East, Schedule "A", Map No. 16
Notwithstanding the provision of Subsection 8.7.2 of the Highway
Commercial "HC" Zone, those lands zoned "HC-4" by this By-law may be used
for a catering business, convenience food store not exceeding 150 square metres
in gross floor area, hotels, nursery garden centres, permanent fruit and vegetable
stands, places of entertainment or recreation, restaurants, and uses, buildings or
structures accessory to a permitted use.
Notwithstanding the provisions of paragraphs (d), (e) and (f) of Subsection
PART 8
COMMERCIAL ZONES
COM-64
8.7.3, on those lands zoned "HC-4" by this By-law, the minimum front yard
shall be 2 metres, the minimum westerly side yard shall be 3.5 metres, and the
minimum rear yard shall be 6 metres.
By-law 02-144
HC - 5
249 Upper Centennial Parkway, Schedule "A", Map No. 16
Notwithstanding the provisions of Section 8.1.5(e) and (h) of the General
Provisions for Commercial Zones, on those lands zoned "HC-5" by this By-
law, the following provisions shall apply: the minimum side yard and
landscape strip adjacent to the westerly lot line, having a total length of 60.09
metres, shall be 7.5 metres; the minimum side yard and landscape strip between
the northerly lot line, having a total length of 15.34 metres, and the wing wall
shall be 5.2 metres; the minimum landscape strip width adjacent to the
southerly lot line shall be 1.3 metres where it abuts the driveway for the car
washing establishment, and 4.2 metres where it abuts the driveway for the
convenience food store drive-thru; and, the minimum side yard adjacent to
Upper Centennial Parkway shall be 10.5 metres.
Notwithstanding the provisions of Section 8.1.5(i)3., the maximum entrance
or exit ramp width shall be 13 metres.
Notwithstanding the provisions of Section 8.7.2(c), a convenience food store
not exceeding 174 square metres in gross floor area shall be permitted.
By-law 05-119
HC-6 (H)
267, 275 - 283 and 293 Upper Centennial Parkway,
By-law 14-269
Schedule "A" Map No. 11
In addition to the uses permitted in Sub-section 8.7.2 of the Highway
Commercial "HC" Zone, the following uses shall also be permitted:
(a)
Business Offices and/or Professional Offices, provided they are located
above the ground floor
(b)
Retail Stores
(c)
Banks and/or Financial Institutions
(d)
Medical Clinics
(e)
Personal Service Shops
(f)
Banquet Halls
(g)
Building Supply Outlet
(h)
Hardware Store
(i)
Commercial Recreation uses
(j)
Sign and Engraving Business
PART 8
COMMERCIAL ZONES
COM-65
Notwithstanding the provisions of Paragraphs (d), (e), (f), (h) 1. & 2. (j) 1., and
(k) of Sub-section 8.7.3 of the Highway Commercial "HC" Zone, on those lands
zoned "HC-8 (H)" by this By-law, the following shall apply:
(d)
Minimum Front Yard:
3.0 metres
Maximum Front Yard:
6.0 metres
(e)
Minimum Side Yard:
3.0 metres
(f)
Minimum Rear Yard:
1.0 metres
(h)
Minimum Landscape Open Space:
1.
A landscape strip having a minimum width of 3.0 metres shall be
provided adjacent to any street except for points of ingress and
egress.
2.
A landscape strip having a minimum width of at least 3.0 metres
shall be provided adjacent to every portion of any lot line that
abuts any zone other than a commercial or industrial zone.
(j)
Minimum Parking Requirements:
1.
Notwithstanding Subsection 8.7.3 (j) 1. a minimum of one
parking space per 28 square metres of gross floor area or fraction
thereof shall be required.
(k)
Minimum Loading Requirements:
Notwithstanding Section 4.9.2 of By-law No. 3692-92, 1 loading space
shall be required.
(l)
A minimum of 40 percent of the ground floor façade shall be composed of
windows and doors for the buildings fronting Mud Street West and Upper
Centennial Parkway.
(m)
The minimum combined width of the ground floor façade of all
buildings located along Mud Street West shall be equal to 40 percent or
more of the measurement of the front lot line, and shall be subject to a
maximum building setback of 6.0 metres.
(n)
The minimum combined width of the ground floor façade of all
buildings located along Upper Centennial Parkway shall be equal to 40
percent or more of the measurement of the side lot line, and shall be
subject to a maximum building setback of 6.0 metres.
Notwithstanding Subsection 4.10.3 and Subsection 4.10.4 (a) commercial
parking spaces shall be provided, at a size of 2.6 metres wide by 5.5 metres
PART 8
COMMERCIAL ZONES
COM-66
long for a standard parking stall and 4.4 metres wide by 5.5 metres long for
barrier free stalls.
The (H) symbol may be removed by further amendment to this By-law at such
time as the following condition has been satisfied:
1.
That there is adequate water and sanitary service capacity available to
the subject lands and that it can be demonstrated that there are
appropriate connections available for water and sanitary sewer,
including the construction of a local sanitary sewer to the subject
property to the satisfaction of the Senior Director of Growth
Management.
PART 8
COMMERCIAL ZONES
COM-67
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Banks or Financial Institutions
Child Care Centres (By-law 25-156)
Personal Service Shops
Professional or Business Offices
Service and Repair Shops
Restaurants - Standard
Retail Stores
By-law 4200-95
(h)
Apartment Dwelling Units and a Home Occupation above commercial
uses
(i)
Uses accessory to the above permitted uses provided they are part of
the comprehensive development.
8.8.3
Zone Regulations
(a)
Minimum Lot Area
-
1,500 square metres
(b)
Minimum Frontage
-
30 metres
(c)
Maximum Lot Coverage
-
30 percent
(d)
Maximum
Gross
Leasable
Commercial Floor Area
-
7,500 square metres
(e)
Minimum Front Yard
-
9 metres
(f)
Minimum Side Yard
-
9 metres except 12 metres for a
flankage yard
(g)
Minimum Rear Yard
-
9 metres
(h)
Maximum Residential Density
-
80 units per hectare
SECTION 8.8
MIXED USE COMMERCIAL "MUC" ZONE
8.8.1
Scope
No person shall within any Mixed Use Commercial "MUC" Zone use any
land or erect, alter or use any building or structure, except in accordance with
the following provisions:
8.8.2
Permitted Uses For Each Lot
The following uses are permitted in a "MUC" Zone provided such uses are an
integral part of one comprehensive development.
PART 8
COMMERCIAL ZONES
COM-68
By-law 4470-96
(i)
Maximum Building Height
-
20 metres
(j)
Amenity Area Per Dwelling Unit:
Bachelor Unit
-
14 square metres per unit
One Bedroom Unit
-
18 square metres per unit
Two Bedroom Unit
-
53 square metres per unit
Three Bedroom Unit
-
88 square metres per unit
Four Bedroom Unit
-
125 square metres per unit
Not less than 10 percent of the total of the amenity areas shall be provided
inside the applicable apartment dwelling and such inside area shall not be
less than 93 square metres.
(k)
Maximum Number of Buildings Per Lot - One
(l)
Minimum Landscaped Open Space
The landscaped strip shall not be less than 50 percent of the lot area of
which at least 25 percent shall be in one area other than the front yard.
A portion shall also constitute the following:
1.
A landscaped strip having a minimum width of 5 metres shall be
provided adjacent to any street.
2.
A landscaped strip having a minimum width of at least 9 metres
shall be provided adjacent to every portion of any lot line that abuts
any zone other than a commercial or industrial zone.
3.
A landscaped strip having a minimum width of 1.5 metres shall
be provided adjacent to every portion of any lot line that abuts
another lot.
(m)
Open Storage - No open storage areas shall be permitted.
(n)
Minimum Parking Requirements
1. Residential Uses - 1.5 spaces per dwelling unit
2.
Commercial Uses - to be provided in accordance with Section 4.10
for those uses specified therein
PART 8
COMMERCIAL ZONES
COM-69
(a)
(b)
(d)
Minimum Lot Area
Minimum Frontage
Maximum Gross Floor Area
-
1,200 square metres
-
20 metres
(Commercial)
-
600 square metres
(e)
Minimum Front Yard
-
3 metres
(f)
Minimum Side Yard
1.
Minimum Interior
-
3 metres
2.
Maximum Exterior
-
3 metres
3.
For commercial uses not specified in Section 4.10 a minimum of
one parking space per 28 square metres of gross floor area or fraction
thereof shall be required.
4.
Commercial and residential parking shall be separate with separate
points of ingress and egress
(o)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 4.9.
8.8.4
Special Exemptions
By-law 06-164
MUC-1(H) Part of Lot 32, Concession 7, Schedule "A", Map No. 10
Notwithstanding the uses permitted in Subsection 8.8.2 of the Mixed Use
Commercial "MUC" Zone, the following uses shall be permitted:
(a)
Banks or Financial Institutions
(b) Child Care Centres (By-law 25-156)
(c) Personal Service Shops
(d) Professional or Business Offices
(e) Restaurants - Standard
(f) Studio
(g)
Apartment Dwelling Units and a Home Occupation above commercial uses.
(h)
Uses accessory to the above permitted uses provided they are part of
the comprehensive development
Notwithstanding the provisions of paragraphs (a), (b), (d), (e), (f), (i) and (l)
of Section 8.8.3 of the Mixed Use Commercial "MUC" Zone, on those lands
zoned "MUC-1(H)" Zone by this By-law, the following shall apply:
PART 8
COMMERCIAL ZONES
COM-70
(i) Maximum Building Height - 3 storeys
(l) Minimum Landscaped Open Space
The landscaped strip shall not be less than 50 percent of the lot area of
which at least 25 percent shall be in one area other than the front yard.
A portion shall also constitute the following:
1.
A landscaped strip having a minimum width of 3 metres shall be
provided adjacent to any street, except for points of ingress and
egress, and between the street and any building along Upper Mount
Albion Road and the south lot line.
In addition to the provisions of Section 8.8.3 on those lands zoned "MUC-1(H)"
by this By-law, the following shall apply:
(p)
No commercial uses are permitted except where contained jointly with
apartment dwelling units in the same building.
On those lands zoned "MUC-1(H)" by this By-law, the "H" symbol may be
removed by a further amendment to this By-law at such time as:
(a)
the completion of the Rymal Road Planning Area Master Plan Class
Environmental Assessment Study requirements to the satisfaction of the
General Manager of Public Works; and
(b)
approval of the Traffic Impact Study submitted by Delcan dated
September, 2005 by the Manager of Traffic Engineering & Operations,
Public Works.
City Council may remove the "H" symbol and, thereby give effect to the Zone
provisions by enactment of an amending By-law once the conditions are fulfilled.
MUC-2
RESERVED
MUC-3
RESERVED
PART 8
COMMERCIAL ZONES
COM-71
By-law 10-027
MUC-4
310 Frances Avenue, Schedule "A", Map No. 1
Notwithstanding the provisions of Subsection 8.8.2 of the Mixed Use
Commercial "MUC" Zone, on those lands zoned "MUC-71 by this By-law,
Nursing Homes, Homes for the Aged, and Residential Care Facilities shall also be
permitted. Notwithstanding the provisions of Paragraphs (a), (c), (d), (e), (f),
(g), (h), (i) and (k) of Subsection 8.8.3 of the Mixed Use Commercial "MUC"
Zone, on those lands zoned "MUC-4" by this By-law, the following shall apply:
(a)
(c)
(d)
Minimum Lot Area
Maximum Lot Coverage
Maximum Gross Leasable
-
19,400 square metres
-
None
Commercial Floor Area
-
7,000 square metres
(e)
Minimum Front Yard
-
0 metres
(f)
Minimum Side Yard
-
3 metres, except 0 metres
for a flankage yard
(g)
Minimum Rear Yard
-
3 metres, except 0 metres
for a through lot
(h)
Minimum Residential Density
-
585 units
(i)
Maximum Building Height
-
None
(k)
Maximum Number of
Buildings Per Lot
-
No maximum
(p)
Minimum Distance Between
Buildings on the Same Lot
-
15 metres
(q) Location of Residential Care Facilities
(i) Every Residential Care Facility shall be situated on a lot having a
minimum radial separation distance of 300 metres from any lot line of
such lot measured to the lot line of any other lot occupied by a
Residential Care Facility.
By-law 10-027
MUC-5
380 Frances Avenue, Schedule "A", Map No. 1
Notwithstanding the provisions of Subsection 8.8.2 of the Mixed Use
Commercial "MUC" Zone, on those lands zoned "MUC-71 by this By-law,
Nursing Homes, Homes for the Aged, and Residential Care Facilities shall also be
permitted. Notwithstanding the provisions of Paragraphs (a), (c), (d), (e), (f),
(g), (h), (i) and (k) of Subsection 8.8.3 of the Mixed Use Commercial "MUC"
Zone, on those lands zoned "MUC-5" by this By-law, the following shall apply:
(a)
(c)
Minimum Lot Area
Maximum Lot Coverage
-
20,400 square metres
-
None
PART 8
COMMERCIAL ZONES
COM-72
(d)
Gross Leasable Commercial
Floor Area
-
A minimum of 1,400
square metres up to a
maximum of 7,000 square
metres
(e)
Minimum Front Yard
-
0 metres
(f)
Minimum Side Yard
-
3 metres, except 0 metres
for a flankage yard
(g)
Minimum Rear Yard
-
3 metres, except 0 metres
for a through lot
(h)
Minimum Residential Density
-
176 units
(i)
Maximum Building Height
-
None
(k)
Maximum Number of
Buildings Per Lot
-
No maximum
(p)
Minimum Distance Between
Buildings on the Same Lot
-
15 metres
(q) Location of Residential Care Facilities
(i) Every Residential Care Facility shall be situated on a lot having a
minimum radial separation distance of 300 metres from any lot line of
such lot measured to the lot line of any other lot occupied by a
Residential Care Facility.
By-law 12-065
MUC-6(H) 1365 and 1367 Baseline Road, Schedule "A", Map No. 4
Notwithstanding the provisions of Subsection 8.8.2 "Permitted Uses for Each
Lot" of Zoning By-law No. 3692-92, on those lands zoned "MUC-6(H)" by
this By-law, the permitted commercial uses and the following additional
permitted uses shall be restricted to the ground floor only:
-
Medical Clinic;
-
Animal Hospital, only if wholly enclosed within a building;
-
Restaurant - Convenience;
-
Restaurant - Fast Food;
-
Restaurant - Outdoor Patio; and,
-
Physical Fitness Centre.
Notwithstanding the provisions of Section 8.8.2 "Permitted Uses for Each Lot"
of Zoning By-law No. 3692-92, on those lands zoned "MUC-6(H)" by this By-
law, the following uses shall be prohibited, even as an accessory use:
-
Drive-Thru Facility
Notwithstanding the provisions of Paragraphs (e), (f), (i), (l)(1), (l)(2), (n), and
PART 8
COMMERCIAL ZONES
COM-73
(o) of Section 8.8.3 "Zone Regulations"; Section 4.9.2 "Schedule of Required
Loading Spaces"; Paragraph (a) of Section 4.10.3 "Dimensions of Parking
Spaces"; and, Paragraph (a) of Section 4.10.4 "Required for Parking
Designated for Vehicles of Physically Challenged" of Zoning By-law No.
3692-92, on those lands zoned "MUC-6-(H)" by this By-law, the following shall
apply:
(e)
Minimum Front Yard
- 4.0 metres
(f)
Minimum Flankage Side Yard
- 1.3 metres
(i)
Maximum Building Height
- 11.5 metres
(l)
Minimum Landscape Open Space:
The landscape area shall not be less than 30 percent of the lot area.
1.
A landscaped strip having a minimum width of 1.3 metres and an
average width of 3.0 metres shall be provided and maintained along
the North Service Road, and a landscape strip having a minimum
width of 4.0 metres shall be provided and maintained on Baseline
Road, except for points of ingress and egress.
2.
A landscape strip having a minimum width of 2.0 metres with a
minimum 1.8 metre high board-on-board fence shall be provided
and maintained adjacent to every portion of any lot line that abuts
and zone other than a Commercial or Industrial Zone.
(n) Minimum Parking Requirements:
1.
Parking spaces shall have minimum dimensions of 2.6 metres x 5.5
metres, and a minimum of 2 of the required spaces shall be barrier free
spaces, with minimum dimensions of 4.4 metres x 5.5 metres.
2.
Commercial and residential parking may be accessed with the same
points of ingress and egress.
(o) Minimum Loading Requirements:
A minimum of One loading space shall be provided and maintained.
In addition to the provisions of Subsection 8.8.3 on those lands zoned "MUC-
6(H)" by this By-law, the following shall apply:
(p) No commercial uses are permitted, except on the ground floor where
contained jointly with apartment dwelling unit(s) in the same building,
provided that the gross floor area of the building used for commercial
purposes does not exceed the floor area being used for residential purposes,
including residential common areas.
By-law 13-125
The "H" symbol may be removed at such time as the following have been
satisfied:
(i)
That the owner/applicant has made provisions for the completion
of the required road upgrades and servicing works (i.e. sanitary
PART 8
COMMERCIAL ZONES
COM-74
sewer, road reconstruction, grading, etc.) on Baseline Road and, if
necessary, North Service Road, to the satisfaction of the Senior
Director of Growth Management.
(ii)
That the owner/applicant shall undertake an Urban Design Brief,
to the satisfaction of the Manager of Community Planning and
Design.
(iii)
That the owner/applicant shall investigate the 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.
(iv)
That the owner/applicant conduct an Archeological Assessment of
1367 Baseline Road and mitigate, through preservation or resource
removal and documentation, adverse impacts to any significant
archeological resources found. No demolition, grading, or soil
disturbances shall take place on the subject property prior to the
approval of the Director of Planning and the Ministry of Culture
confirming that all archeological resource concerns have met
licensing and resource conservation requirements.
All other provisions of the Mixed Use Commercial "MUC" Zone shall apply.
By-law 18-295
MUC-11
928 Queenston Road, Schedule "A", Map No. 5
Notwithstanding Subsection 8.8.2(h) and the provisions of Paragraphs (c), (e),
(f), (g), (h), (i), (j), (l) and (n) 1. and 4. of Subsection 8.8.3 of the Mixed Use
Commercial "MUC" Zone, and Subsection 4.9.1(a), the following regulations
shall apply:
Permitted Uses for Each Lot
(h) Apartment Dwelling Units and a Home Occupation above and in behind
commercial uses
Zone Regulations
(c)
Maximum Lot Coverage
32 percent
(e)
Minimum Front Yard (northerly)
1.9 metres for the first storey; 0.0
metres for the 2nd to 4th storeys; 3.8
metres for the 5th to 10th storeys; and
6.3 metres for the 11th to 14th storeys.
(f)
Minimum Rear Yard (easterly)
2.1 metres for the 1st to 4th storeys;
15.9 metres for the 5th to 14th
storeys.
PART 8
COMMERCIAL ZONES
COM-75
(g)
Minimum Side Yard (westerly)
1.7 metres (westerly) for the 1st to
4th storeys; 11.8 metres for the 5th to
14th storeys.
(h)
Maximum Residential Density
290 units per hectare
(i)
Maximum Building Height
49.0 metres
(j)
Minimum Amenity Area
875 square metres for the entire lot
(l)
Minimum Landscaped Open Space
The landscaped areas shall not be less than 28 percent of the lot area of
which the requirement fot landscaping in one area other than the front yard
shall not apply.
A portion of shall also constitute the following:
1. A landscaped strip having a minimum width of 1.5 metres adjacent to
Queenston Road and 3.0 metres adjacent to Lake Avenue Drive shall be
provided except for points of ingress and egress; and,
2. A landscaped strip having a minimum width of 2.0 metres shall be
provided adjacent to every portion of any lot line that abuts any zone
other than a commercial or industrial zone.
3. A landscape strip having a minimum width of 0.0 metres shall be
provided adjacent to every portion of the easerly lot line that abuts
another lot.
(n)
Minimum Parking Requirements
1. Residential Units
Dwelling Units
Minimum Number of
Parking Spaces
Maximum Number of
Parking Spaces
1 - 14
0.7 per unit
1.25 per unit
15 - 50
0.85 per unit
1.25 per unit
51+
1 per unit
1.25 per unit
4. Commercial and residential parking shall not be separate nor have
separate points of ingress and egress.
Notwithstanding the provision of Subsection 4.9.1 (a), one loading space having
a minimum front yard setback of 29 metres shall be located within a front yard.
PART 8
COMMERCIAL ZONES
COM-76
Notwithstanding the provision of Section 3.8 "Holding Zones", on those lands
zoned "MUC-11 (H)" Zone by this By-law, the Holding symbol "H" may be
removed by City Council and thereby give effect to the "MUC-11" Zone
provisions upon completeion of the following:
(a)
The owner enters into a conditional building permit agreement with
respect to completeing a Record of Site Condition or a signed Record of
Site Condition (RSC) being submitted to the City of Hamilton and the
Ministry of the Environemtn, Conservation and Parks (MECP). This RSC
must be to the satisfaction of the Director of Planning and Chief Planner,
including a notice of acknowledgment of the RSC by the MECP, and
submission of the City of Hamilton's current RSC administration fee.
PART 8
COMMERCIAL ZONES
COM-77
SECTION 8.9
NEIGHBOURHOOD SHOPPING CENTRE "SC1" ZONE
8.9.1
Scope
No person shall within any Neighbourhood Shopping Centre "SC1" Zone use
any land or erect, alter or use any building or structure except in accordance
with the following provisions:
8.9.2
Permitted Uses For Each Lot
A shopping centre which may include any combination of the following:
(a)
Art Galleries
(b)
Banks or Financial Institutions
(c)
Banquet Halls
(d)
Child Care Centres (By-law 25-156)
(e)
Convenience Food Stores
(f)
Drug Stores
(g)
Dry Cleaning Depots
(h)
Hardware Stores
(i)
Libraries
(j)
Medical Clinics
(k)
Professional or Business Offices
(l)
Personal Service Shops
(m)
Places of Recreation or Entertainment
(n)
Private or Commercial Clubs
(o)
Private or Commercial Schools
(p)
Restaurants - Convenience
(q)
Restaurants - Fast Food
(r)
Restaurants - Outdoor Patio
(s)
Restaurants - Standard
(t)
Retail Food Stores
(u)
Retail Stores
(v)
Service and Repair Shops
(w)
Uses, buildings or structures accessory to a permitted use
PART 8
COMMERCIAL ZONES
COM-78
8.9.3
Zone Regulations For All Uses Other Than Those Specified In Section 8.9.4
(a)
(b)
(c)
(d)
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage
Minimum Gross Leasable
-
1 hectare
-
100 metres
-
35 percent
Floor Area
-
1,400 square metres
(e)
Maximum Gross Leasable
Floor Area
-
14,000 square metres
(f)
Minimum Front Yard
-
15 metres
(g)
Minimum Side Yard
-
6 metres except 9 metres for a
flankage yard and 15 metres abutting
any zone other than a commercial or
industrial zone
(h)
Minimum Rear Yard
-
6 metres except 15 metres for a
flankage yard and 15 metres abutting
any zone other than a commercial or
industrial zone
By-law 4514-97
(i)
Maximum Number of Principal Buildings Per Lot - no limit.
(j)
Maximum Building Height - 11.5 metres
(k)
Outside Storage - Outside storage of goods or materials in association
with a permitted use, or the outside storage of refuse or waste is not
permitted within 20 metres of any residential zone, and shall be
screened from view.
(l)
Minimum Landscaped Open Space - The landscaped strip shall not be
less than 20 percent of the lot area of which a portion may be
comprised of a landscaped strip as follows:
1.
A landscaped strip having a minimum width of 6 metres shall be
provided adjacent to any street except for points of ingress and egress.
PART 8
COMMERCIAL ZONES
COM-79
2.
A landscaped strip having a minimum width of 9 metres shall be
provided adjacent to every portion of any lot that abuts any zone
other than a commercial or industrial zone.
3.
A landscaped strip having a minimum width of 1.5 metres shall
be provided adjacent to every portion of any lot line that abuts
another lot.
(m)
Minimum Parking Requirements
1.
Parking spaces shall be provided in accordance with Section 4.10.
2.
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
closer than 5 metres to any lot line and closer than 10 metres to
the boundary of any residential zone.
(n)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 4.9.
8.9.4
Regulations For Outdoor Patio Restaurants
Outdoor patio restaurants are permitted in accordance with Section 8.1.7.
8.9.5
Special Exemptions
SC1 - 1
270 Mud Street, Schedule "A", Map No. 10
By-law 5162-00
By-law 05-096
In addition to the uses permitted in Subsection 8.9.2, a dry cleaning and
laundering establishment having a maximum gross floor area of 105 square
metres, a gas bar and an automated car wash may also be permitted. The gas
bar and automated car wash are permitted in accordance with the provisions
of Section 8.1.5 of this By-law.
Notwithstanding the provisions of paragraphs (k), (l)(2) and (m)(2) of Section
8.9.3, on those lands zoned "SC1-1" by this By-law, the following provisions
shall apply: The locating of refuse or waste containers shall not be permitted
within 8.5 metres of any residential zone; a minimum 4.5 metre wide landscaped
strip shall be provided adjacent to the easterly lot line extending
66 metres north of Mud Street; and parking spaces may not be located closer
than 4.5 metres to a lot line abutting a residential zone adjacent to the easterly
lot line extending 66 metres north of Mud Street.
In addition to the provisions of paragraph (n), loading spaces are not
permitted within 12.5 metres of a residential zone
PART 8
COMMERCIAL ZONES
COM-80
By-law 4484-96
By-law 5160-00
SC1 - 2
2257 - 2273 Rymal Road East, Schedule "A", Map No. 16
Deleted by By-law No. 05-079 passed on April 13, 2005.
By-law 06-164
SC1 - 3(H) Part of Lot 32, Concession 7, Schedule "A", Map No. 10
Notwithstanding the definition of Lot within Part 2, Definitions and Section
4.4.2, Restriction on Change, those lands zoned "SC1-3(H)" by this By-law
shall be considered as one lot.
Notwithstanding the uses permitted in Subsection 8.9.2 of the Neighbourhood
Shopping Centre "SC1" Zone, only the following uses shall be permitted:
(a)
Art Galleries
(b)
Banks or Financial Institutions
(c)
Banquet Halls
(d)
Child Care Centres (By-law 25-156)
(e)
Convenience Food Stores
(f)
Dry Cleaning or Laundering Establishments
(g)
Libraries
(h)
Medical Clinics
(i)
Professional or Business Offices
(j)
Personal Service Shops
(k)
Places of Recreation or Entertainment
(l)
Private or Commercial Clubs
(m)
Private or Commercial Schools
(n)
Restaurants - Convenience, Fast Food and Outdoor Patio
(o)
Restaurant - Standard
(p)
Uses, buildings or structures accessory to a permitted use
Notwithstanding the permitted uses noted above , only (a), (b), (e), (f), (g),
(h), (i), (j), (o) and (p) shall be permitted within 110 metres of the intersection
of Paramount Drive and Winterberry Drive.
PART 8
COMMERCIAL ZONES
COM-81
Notwithstanding the provisions of paragraphs (c), (d), (f), (g), (h), (l) and
(m)2 of Section 8.9.3 of the Neighbourhood Shopping Centre "SC1" Zone, on
those lands zoned "SC1-3(H)" by this By-law the following shall apply:
(c) Maximum Lot Coverage - 25 percent
(d) Minimum Gross Floor Area (Office) - 1,000 square metres
(f) Maximum Front Yard
(Upper Mount Albion Road)
-
2 metres
(g) Minimum Side Yard
(Paramount Drive)
Maximum Side Yard
(Proposed Street)
(h)
Minimum Rear Yard
-
6 meters
-
3 metres
(Winterberry Drive)
-
6 metres
(l)
Minimum Landscaped Open Space - 15 percent of the lot area, a
portion of which shall include the following where appropriate:
1.
A landscaped strip having a minimum width of 6 metres shall be
provided adjacent to any street, except for points of ingress and
egress, and between the street and any building along Upper Mount
Albion Road and the north limits of the "SC1-3(H)" Zone.
(m)
Minimum Parking Requirements
2.
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 6 metres from any street.
In addition to the provisions of Section 8.9.3., on those lands zoned "SC1-
3(H)" by this By-law, the following shall apply:
(o)
The minimum built frontage along Upper Mount Albion Road shall be
20% of the total distance of the street frontage in any one block.
(p)
Each use, other than an accessory use, shall be contained in a building
having all of its customer access doors opening directly outdoors and
shall not open onto another store or unenclosed corridor.
PART 8
COMMERCIAL ZONES
COM-82
On those lands zoned "SC1-3(H)" by this by-law, the "H" symbol may be
removed by a further amendment to this By-law at such time as:
(a)
the completion of the Rymal Road Planning Area Master Plan Class
Environmental Assessment Study requirements to the satisfaction of
the General Manager of Public Works; and
(b)
approval of the Traffic Impact Study submitted by Delcan dated
September, 2005 by the Manager of Traffic Engineering & Operations,
Public Works.
City Council may remove the "H" symbol and, thereby give effect to the Zone
provisions by enactment of an amending by-law once the conditions are
fulfilled.
PART 8
COMMERCIAL ZONES
COM-83
SECTION 8.10 COMMUNITY SHOPPING CENTRE "SC2" ZONE
8.10.1
Scope
No person shall within any Community Shopping Centre "SC2" Zone use any
land or erect, alter or use any building or structure, except in accordance with
the following provisions:
8.10.2
Permitted Uses For Each Lot
A Shopping Centre which may include any combination of the following:
(a)
Amusement Centres
(b)
Art Galleries
(c)
Athletic Clubs
(d)
Auditoriums
(e) Banks or Financial Institutions
(f) Child Care Centres (By-law 25-
156)
(g) Commercial or Private Schools
(h) Department Stores
(i) Garden Nursery Centres
(j) Gasoline Bars
(k) Libraries
(l) Medical Offices or Clinics
(m) Motor Vehicle Parts and Accessories Stores
(n)
Motor Vehicle Repair Garages but only if within and forming an
integrated part of a retail store where such repair function is accessory
to the retail sale of parts and accessories.
(o) Motor Vehicle Service Stations
(p) Places of Recreation or Entertainment
(q) Professional or Business Offices
(r) Restaurants - Convenience
(s) Restaurants - Fast Food
(t) Restaurants - Outdoor Patio
(u)
Restaurants - Standard
PART 8
COMMERCIAL ZONES
COM-84
(v)
Retail Food Stores
(w)
Retail Stores
(x)
Service Shops
(y)
Uses, buildings or structures accessory to a permitted use
8.10.3
Zone Regulations For All Uses Other Than Those Uses Specified In
Sections 8.10.4 and 8.10.5
(a)
Minimum Lot Area
-
5 hectares
(b)
Minimum Lot Frontage
-
150 metres
(c)
Maximum Lot Coverage
-
40 percent which shall
not include the common
walk-way
of
the
commercial building
(d)
Minimum Gross Leasable Floor Area
-
14,000 square metres
(e)
Maximum Gross Leasable Floor Area
-
23,000 square metres
(f)
Minimum Front Yard
-
20 metres
(g)
Minimum Rear Yard
-
10 metres
(h)
Maximum Building Height
-
20 metres
(i)
Maximum Number of Principal Buildings Per Lot - no limit
(j)
Minimum Landscaped Open Space - 10 percent of lot area, a portion
which shall include the following where appropriate:
1.
A landscaped strip having a minimum width of 5 metres shall be
provided adjacent to any public street except for points of ingress
and egress.
2.
A landscaped strip having a minimum width of at least 9 metres
shall be provided adjacent to every portion of any lot line that abuts
any zone other than a commercial or industrial zone.
3.
A landscaped strip having a minimum width of 1.5 metres shall
be provided adjacent to every portion of any lot line that abuts
another lot.
(k)
Outside Storage - Outside storage areas may be permitted for the
accessory display or sale of goods or materials provided that such display
PART 8
COMMERCIAL ZONES
COM-85
or sale is carried on in conjunction with a similar commercial use located
wholly within an enclosed building on the same lot.
(l) Minimum Parking Requirements
1.
Parking spaces shall be provided in accordance with the
provisions of Section 4.10.
2.
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 5 metres from any lot line or closer than
10 metres to the boundary of any residential zone.
(m) Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 4.9.
8.10.4
Regulations For Motor Vehicle Service Stations
Motor Vehicle Service Stations are permitted in accordance with Section 8.1.5.
8.10.5
Regulations For Outdoor Patio Restaurants
Outdoor patio restaurants are permitted in accordance with Section 8.1.7.
8.10.6
Special Exemptions
By-law 4139-94
SC2 - 1(T)
439-465 Highway No. 8, Schedule "A", Map No. 6
In addition to the permitted uses of Section 8.10.2 of the Community
Shopping Centre "SC2" Zone, on those lands zoned "SC2-1(T)" by this By- law,
the indoor storage in the existing building and indoor or outdoor sale of boats
and automobiles may be permitted as a temporary use pursuant to Section
3.9 of this By-law. This temporary use may be permitted until December 1,
1997.
By-law 05-079
SC2 - 2
2257-2273 Rymal Road East, Schedule "A", Map No. 16
Notwithstanding the definition of Lot within Part 2, Definitions and Section
4.4.2, Restriction on Change, those lands zoned Community Shopping Centre
"SC2-2" by this By-law shall be considered as one lot.
In addition to the uses permitted in Subsection 8.10.2 of the Community
Shopping Centre "SC2" Zone, those lands zoned "SC2-2" by this By-law may
also be used for a car washing establishment subject to the provisions of
By-law 08-042
subsection 8.1.5, and a personal service shop.
PART 8
COMMERCIAL ZONES
COM-86
Notwithstanding the provisions of paragraphs (j) and (l) of Section 8.10.3 of the
Community Shopping Centre "SC2" Zone, on those lands zoned "SC2-2" by this
By-law, the minimum landscaping strip adjacent to another lot within 70 metres
of Rymal Road East shall be 1.5 metres and parking spaces located within 70
metres of Rymal Road East may be located 1.5 metres from the westerly property
line.
In addition to the provisions of Section 8.10.3, the minimum westerly side
yard within 35 metres of Rymal Road East shall be 4 metres.
By-law 06-164
SC2 - 3(H) Part of Lot 33, Concession 7, Schedule "A", Map No. 10
Notwithstanding the definition of Lot within Part 2, Definitions and Section
4.4.2, Restriction on Change, those lands zoned "SC2-3(H)" by this By-law
shall be considered as one lot.
Notwithstanding the uses permitted in Subsection 8.10.2 of the Community
Shopping Centre "SC2" Zone only the following uses shall be permitted:
(a)
Banks or Financial Institutions
(b)
Building Supply Outlet in an enclosed building.
(c)
Personal Service Shops
(d)
Professional or Business Offices
(e)
Restaurants - Convenience, Fast Food, Outdoor Patio and Standard
(f)
Retail Store, excluding a food store
(g) Warehouse Membership Club
(h) Wholesale and Retail Warehouse Facility
(i) Uses, buildings or structures accessory to a permitted use
For the purpose of this By-law, a "Wholesale and Retail Warehouse Facility"
shall mean a large scale building, with a minimum Gross Floor Area of 4,645
square metres, which distributes a broad range of goods or distributes high
volumes of a specific type of merchandise and functions in a warehouse
format where most goods are stored, displayed and offered for sale in one and
the same area, but excludes department stores and supermarkets.
PART 8
COMMERCIAL ZONES
COM-87
For the purposes of this By-law, a "Warehouse Membership Club" shall be
defined as a building with a minimum Gross Floor Area of 4,645 square metres,
occupied by a single user, where the principal use is the sale of food and non-
food products which are generally stored, displayed and offered for sale in one
and the same area in a warehouse format and where customers, whether retail
or wholesale, are generally required to be members of the club, but excludes
department and supermarkets.
Notwithstanding the provisions of paragraphs (c), (e), (f), (g), (h), (j) and (l)
of Section 8.10.3 of the Community Shopping Centre "SC2" Zone, on those
lands zoned "SC2-3(H)" by this By-law, the following shall apply:
(c) Maximum Lot Coverage - 25 percent
(e)
Wholesale and Retail Warehouse Facility, Warehouse Membership
Club, Building Supply Outlet in an enclosed building and Retail
Establishments:
(i)
Maximum Total Gross Floor Area -
28,335 square metres
(ii) Maximum Gross Floor Area for
any individual Store
-
14,500 square metres
(iii) Minimum Gross Floor Area for
any individual Store
-
1,860 square metres
(iv) Notwithstanding clause (i) above, for every square metre of office
space built in excess of 2,272 square metres in the "SC1-3" Zone,
an equal amount of retail space will be permitted to a maximum
of 2,272 square metres.
(f)
Minimum Setback from south lot line
-
6 metres
Minimum Setback from east lot line
(Wholesale and Retail Warehouse
Facility, Warehouse Membership Club,
Building Supply Outlet in an enclosed
building).
Maximum Setback from east lot line
-
6 metres
(All other uses)
-
2 metres
(g)
Minimum Setback from north and west
PART 8
COMMERCIAL ZONES
COM-88
lot lines
-
10 metres
(h)
Maximum Building Height
-
12 metres
(j)
Minimum Landscaped Open Space
-
15 percent of the lot area,
a portion which shall include the following where appropriate:
1.
A landscaped strip having a minimum width of 6 metes shall be
provided adjacent to any public street, except for points of ingress
and egress, and between the street and any building along the east
lot line; and a minimum width of 7.5 metres shall be provided
adjacent to the north and west property lines.
(l)
Minimum Parking Requirements
1.
4.5 spaces per 93 square metres
2.
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 6 metres from the east and south lot lines
or closer than 7.5 metres from the north and west lot lines.
In addition to the provisions of Section 8.10.3, on those lands zoned "SC2-
3(H)" by this By-law, the following shall apply:
(n)
The minimum built frontage along Upper Mount Albion Road shall not
be less than 30% of the total distance of the street frontage within 210
metres of Paramount Drive.
(o)
The maximum building depth for those buildings facing Upper Mount
Albion Road, within 210 metres of Paramount Drive, shall be 25
metres.
(p)
Each use, other than an accessory use, shall be contained in a building
having all of its customer access doors opening directly outdoors and
shall not open onto another store or unenclosed corridor.
On those lands zoned "SC2-3(H)" by this By-law, the "H" symbol may be
removed by a further amendment tot his By-law at such time as:
PART 8
COMMERCIAL ZONES
COM-89
(a)
the completion of the Rymal Road Planning Area Master Plan Class
Environmental Assessment Study requirements to the satisfaction of
the General Manager of Pubic Works; and
(b)
approval of the Traffic Impact Study submitted by Delcan dated
September, 2005 by the Manager of Traffic Engineering & Operations,
Public Works.
City Council may remove the "H" symbol and, thereby give effect to the Zone
provisions by enactment of an amending By-law once the conditions are
fulfilled.
By-law 09-184
SC2-4(H)
1310 South Service Road, 400 Winona Road and 395 Fifty
By-law 13-312
Road, Schedule "A", Map No. 9
In addition to the uses permitted in Sub-section 8.10.2 of the Community
Shopping Centre "SC2" Zone, the following uses shall also be permitted on
those lands zoned "SC2-4(H)" by this By-law:
Warehouse Membership Club;
Personal Service Shop;
Animal Hospital or Shelter;
Kennel- Boarding; and,
Post Office.
For the purposes of this By-law, a "Warehouse Membership Club" shall be
defined as a building or part of a building with a minimum gross floor area of
4,645 sq. m. in which there is integrated storage and sale of a wide range of food
and non-food products, and which includes some or all of the following ancillary
and/or accessory sales and services: outdoor display, tire installation and sales,
restaurant, motor vehicle repair garage, gas bar, car washing establishment,
propane dispensing, seasonal garden centre including outdoor storage, hearing
aid clinic, medical clinic, pharmacy, personal service shops, and photo print
centre.
Notwithstanding Subsection 8.10.3 (j) 1. the landscape strip adjacent to the
north/south alignment of Service Road shall be a minimum of 3m for the
southerly 78m.
Notwithstanding the definition of Lot within Part 2, Definitions and Section
4.4.2, Restriction on Change, those lands zoned Community Shopping Centre
"SC2-4(H)" by this By-law shall be considered one lot.
PART 8
COMMERCIAL ZONES
COM-90
In addition to the uses permitted in Subsection 8.10.2 of the Community
Shopping Centre "SC2" Zone, a public transit terminal shall also be permitted
on those lands zoned "SC2-4(H)" by this By-law.
Notwithstanding the provisions of Paragraphs (b), (e), (f) and (l) of Section
8.10.3 of the Community Shopping Centre "SC2" Zone, on those lands zoned
"SC2-4(H)" by this By-law, the following special provisions shall apply:
(b)
Minimum Lot Frontage
-
45.0 metres
(e)
Maximum Gross Leasable Floor Area (Retail)
(i)
Total
-
41,200 square metres
(ii)
One Department Store
-
17,000 square metres
provided that the area for
the sale and display of
food
does not exceed
4,180 square metres.
Maximum Gross Leasable Floor Area (Professional or Business
Offices)
(i)
Total
-
10,000 square metres
(ii)
Free-Standing Office Building
-
2,000 square metres
PART 8
COMMERCIAL ZONES
COM-91
(f) Minimum Front Yard - 5.0 metres
(l)
Minimum Parking Requirements
-
1 space per 20 square
metres of gross floor area
In addition to the provisions of Section 8.10.3, on those lands zoned "SC2-
4(H)" by this By-law, the minimum setback from the South Service Road
shall be 14 metres for all permanent buildings and structures both above and
below ground, utilities, frontage roads/fire routes, required parking spaces,
stormwater management facilities, including ponds and associated berms, and
noise walls.
All other regulations of Section 8.10.3 shall apply.
By-law 14-113
On those lands zoned "SC2-4(H)" by this By-law, the "(H)" symbol may be
removed by a further amendment to this By-law at such time as:
(a)
Submission and approval of Urban Design Guidelines, to the
satisfaction of the Director of Planning;
(b)
Completion of the Stoney Creek Transit Hub Feasibility Study, to the
satisfaction of the Director of Strategic and Environmental Planning;
(c)
Completion and Implementation of a stormwater management study
detailing requirements for quality and quantity control in accordance with
the SCUBE Subwatershed Study and Parcel A and B Master Drainage
Plan, to the satisfaction of the Directors of Development Engineering, and
Strategic Development and Environmental Planning, and the Ontario
Ministry of Transportation;
(d)
Approval and implementation of the Traffic Impact Study submitted by
Delcan, dated April 2009, by the Manager of Traffic Engineering and
Operations, Public Works Department, and the Ontario Ministry of
Transportation;
(e)
That the owner/applicant shall submit a signed Record of Site
Condition (RSC) to the City of Hamilton and Ministry of the
PART 8
COMMERCIAL ZONES
COM-92
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;
(f)
That Sustainability Design Elements/Guidelines be prepared,
submitted, and agreements implemented, to the satisfaction of Director of
Planning; and,
(g)
That the owner/applicant shall conduct an archaeological assessment of
the entire development property and mitigate through preservation and
resource removal and documentation, adverse impacts to any
significant archaeological resources found. No demolition, grading, or
soil disturbances shall take place on the subject property prior to the
approval of the Director of Planning and the Ministry of Culture
confirming that all archaeological resource concerns have met licensing
and resource conservation requirements.
By-law 10-323(OMB) SC2-5(H)
165 Upper Centennial Parkway, Schedule "A", Map No. 16
Notwithstanding the definition of a "Lot" within Part 2, Definitions and Section
4.4.2, Restriction on Change, those lands zoned Community Shopping Centre
"SC2-5(H)" by this By-law shall be considered as one lot.
Notwithstanding the uses permitted in Subsection 8.10.2 of the Community
Shopping Centre "SC2" Zone, only the following uses shall be permitted:
(a)
Banks or Financial Institutions
(b)
Child Care Centres (By-law 25-156)
(c)
Commercial or Private Schools
(d)
Garden Nursery Centres
(e)
Medical Offices or Clinics
(f)
Professional or Business Offices
(g)
Restaurants - Convenience, Fast Food, Standard and Outdoor Patio
PART 8
COMMERCIAL ZONES
COM-93
(h)
Retail Stores
(i)
Service Shops
(j)
Uses, buildings, or structures accessory to a permitted use
(k)
Veterinary Service
Notwithstanding the provisions of Paragraphs (d), (e), (f), (g), (j), (l) and (m) of
Subsection 8.10.3 of the Community Shopping Centre "SC2" Zone, on those
lands zoned "SC2-5(H)" by this By-law, the following shall apply:
(d) Total Minimum Gross Leasable Floor Area: - 10,000 square metres
(e)
Total Maximum Gross Leasable Floor Area: -
Maximum Gross Leasable Floor Area for a -
Retail Store
15,615 square metres
13,471 square metres
(f)
Minimum Front Yard
-
3.0 metres
PART 8
COMMERCIAL ZONES
COM-94
(g) Minimum Rear Yard - 15 metres
(j) Minimum Landscaped Area:
1.
A landscaped strip, having a minimum width of 3 metres, shall
be provided and maintained adjacent to any public street, except
for points of ingress and egress
2.
A landscaped strip, having a minimum width of [*] metres shall
be provided and maintained along the westerly lot line [Note:
Subparagraph (j)(2) remains under appeal in OMB file No.
PL090511]
3.
A landscape strip, having a minimum width of 1.5 metres, shall
be provided and maintained adjacent to the northerly lot line.
Notwithstanding Part 2 Definitions, the following definitions shall apply:
"Veterinary Service" shall mean a use within a wholly enclosed
building or part thereof, where domestic animals or household animal
pets are provided treatment by a veterinarian and may include
temporary indoor accommodation related to treatment and/or recover and
pet grooming but shall not include a kennel.
Notwithstanding the Parking Regulations in Section 4.10.3 (a), Dimensions of
Parking Spaces, no parking space shall be less than 2.6 metres in width by 5.5
metres in length, unless otherwise provided for in this By-law.
Notwithstanding the Parking Regulations in Section 4.10.9, Schedule of
Minimum Parking Requirements, the minimum parking spaces required shall
be:
Retail Stores regardless of whether
- 1 Parking space for each
or not such retail stores are located
30 square metres of Gross
within a shopping centre
Floor Area or part thereof
PART 8
COMMERCIAL ZONES
COM-95
Notwithstanding the Landscaping Regulations in Section 4.9.2, Schedule of
Required Loading Spaces, no loading space shall be required for commercial
buildings having a gross floor area of less than 2,000 square metres.
In addition to the regulations of Subsection 8.10.3, the following shall also
apply:
The minimum combined width of the ground floor façade of all buildings
located within 20 metres of the Upper Centennial Drive lot line shall
be equal or greater than 25% of the lot line which abuts Upper
Centennial, and shall be subject to the following:
A. A maximum building setback of 6.0 metres shall apply;
B.
All principal entrances shall be accessible from a building façade
with direct access from the public sidewalk; and,
C.
No parking, driveways, drive-through lanes, stacking lanes, or
aisles shall be located between the building façade facing the
public street and the public street.
The buildings to be located within 20 metres of the Upper Centennial Drive
lot line may be built in phases provided the minimum 25% ground floor
façade requirement can be accommodated at ultimate build out.
The (H) symbol may be removed by further amendment to this By-law at such
time as the following conditions have been satisfied:
(a)
The owner enter into appropriate agreements with the City to service
the subject lands for sanitary sewers (i.e. prior to provision of the ultimate
outlets that have been identified at either First Road West or Upper
Centennial Parkway), storm sewers, and water, either on an interim or
permanent basis including; a suitable stormwater outlet for quantity and
quality control, the transferring of all required easements and/or road
allowances to the City, as required, and provisions have been made such
that the City can secure costs for future infrastructure upgrades abutting
the subject lands, to the satisfaction of the Director
PART 8
COMMERCIAL ZONES
COM-96
of Development Engineering.
(b)
The downstream centralized stormwater management facility has been
designed and approved to provide quality and quantity control, and
maintains base flows to the existing woodland/wetland feature, to the
satisfaction of the Hamilton Conservation Authority
(c)
The Owner dedicate sufficient lands to the City to establish the
proposed Isaac Brock Drive road allowance to a 30 metre width from
Upper Centennial Parkway to the westerly limit of the subject lands,
including 15m x 15m daylight triangles at the intersection of Upper
Centennial Parkway and the future extension of Isaac Brock Drive, and
that the Owner construct the road and signalized intersection to full
municipal standards at 100% the Owner's expense, to the satisfaction
of the Director of Development Engineering.
(d)
That, prior to preliminary grading or servicing, the Owner carry out and
complete an archaeological assessment over the entire lands, to the
satisfaction of the Director of Planning and the Ministry of Citizenship,
Culture and Recreation, and mitigate through preservation or resource
removal and documentation adverse impacts to the significant
archaeological resources found, all prior to demolition, grading, or soil
disturbances on the lands.
(e)
The Owner secure with the City 25% of the total cost of the work
necessary to remediate the 450mm sanitary sewer on Branthaven Drive,
including road restoration. If the remediation works have not been
completed at the time of development proceeding on the commercial
block then the proportionate share will be estimated and will include
indexing.
By-law 10-323(OMB) SC2-6(H)
165 Upper Centennial Parkway, Schedule "A", Map No. 16
Notwithstanding the definition of a "Lot" within Part 2, Definitions and
Section 4.4.2, Restriction on Change, those lands zoned Community Shopping
PART 8
COMMERCIAL ZONES
COM-97
Centre "SC2-6(H)" by this By-law shall be considered as one lot.
Notwithstanding the uses permitted in Subsection 8.10.2 of the Community
Shopping Centre "SC2" Zone, only the following uses shall be permitted
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Banks or Financial Institutions
Child Care Centres (By-law 25-156)
Commercial or Private
Garden Nursery Centre Medical
Offices or Clinics Professional
or Business Offices
Restaurants - Convenience, Fast Food, Standard and Outdoor Patio
Retail Stores, including one Supermarket
Service Shops
Uses, buildings, or structures accessory to a permitted use
Veterinary Service
Notwithstanding the provisions of Paragraphs (d), (e), (f), (g), (j), (l), and (m)
of Subsection 8.10.3 of the Community Shopping Centre "SC2" Zone, on
those lands zoned "SC2-6(H)" by this By-law, the following shall apply:
(d) Total Minimum Gross Leasable Floor Area - 2,000 square metres
(e)
Total Maximum Gross Leasable Floor -
Area
-
Maximum Gross Leasable Floor Area for
one Supermarket
12,285 square metres
4,181 square metres
(f)
Minimum Front Yard
-
3.0 metres
(g)
Minimum Rear Yard
-
15.0 metres
PART 8
COMMERCIAL ZONES
COM-98
(j)
Minimum Landscaped Area
PART 8
COMMERCIAL ZONES
COM-99
1.
A landscaped Strip, having a minimum width of 3 metres, shall
be provided and maintained adjacent to any public street, except
for points of ingress and egress.
2.
A landscaped strip, having a minimum width of 15 metres shall
be provided and maintained along the westerly lot line
3.
A landscaped strip, having a minimum width of 1.5 metres, shall
be provided and maintained adjacent to the southerly lot line
Notwithstanding Part 2, Definitions, the following definitions shall apply:
"Veterinary Service" shall mean a use within a wholly enclosed
building or part thereof, where domestic animals or household animals
pets are provided treatment by a veterinarian and may include
temporary indoor accommodation related to treatment and/or recover and
pet grooming but shall not include a kennel
Notwithstanding the Parking Regulations in Section 4.10.3 (a), Dimensions of
Parking Spaces, no parking space shall be less than 2.6 metres in width by 5.5
metres in length, unless otherwise provided for in this By-law.
Notwithstanding the Parking Regulations in Section 4.10.9, Schedule of
Minimum Parking Requirements, the minimum parking space required shall be:
Retail Stores regardless of whether
or not such retail stores are located
within a shopping centre
1 space for each 30 square
metres of Gross Floor Area
or part thereof
Notwithstanding the Loading Regulations in Section 4.9.2, Schedule of
Required Loading Spaces, no loading space shall be required for commercial
buildings having a gross floor area of less than 2,000 square metres.
In addition to the regulations of Subsection 8.10.3, the following shall also
apply:
PART 8
COMMERCIAL ZONES
COM-100
The minimum combined width of the ground floor façade of all buildings
located within 20 metres of the Upper Centennial Drive lot line shall be equal
to or greater than 40% of the Centennial Drive lot line, and shall be subject to
the following:
A. A maximum building setback of 6.0 metres shall apply;
B.
All principal entrances shall be accessible from a building façade with
direct access from the public sidewalk; and,
C.
No parking, driveways, drive through lanes, stacking lanes, or aisles
shall be located between the building façade facing the public street
and the public street.
The buildings located within 20 metres of the Upper Centennial Drive lot line
may be built in phases provided the minimum 40% ground floor façade
requirement can be accommodated at the ultimate build out.
The (H) symbol may be removed by further amendment to this by-law at such
time as the following conditions have been satisfied:
(a)
The Owner enters into appropriate Agreements with the City to service
the subject lands for sanitary sewers (i.e. prior to provisions of the
ultimate outlets that have been identified at either First Road West or
Upper Centennial Parkway), storm sewers, and water, either on an
interim or permanent basis including; a suitable stormwater outlet for
quantity and quality control, the transferring of all required easements
and/or road allowances to the City, as required, and provisions have been
made such that the City can secure costs for future infrastructure upgrades
abutting the subject lands, to the satisfaction of the Director of
Development Engineering
(b)
The downstream centralized stormwater management facility has been
designed and approved to provide quality and quantity control, and
maintains base flows to the existing woodland/wetland feature, to the
PART 8
COMMERCIAL ZONES
COM-101
satisfaction of the Hamilton Conservation Authority
(c)
The Owner dedicate sufficient lands to the City to establish the
proposed Isaac Brock Drive road allowance to a 30 metre width from
Upper Centennial Parkway to the westerly limit of the subject lands,
including 15m x 15m daylight triangles at the intersection of Upper
Centennial Parkway and the future extension of Isaac Brock Drive, and
that the Owner construct the road and signalized intersection to full
municipal standards at 100% the Owner's expense, to the satisfaction
of the Director of Development Engineering.
(d)
Provisions, satisfactory to the Director of Development Engineering,
have been made to adequately grade and drain the lands to ensure that
no negative impacts in respect of storm water drainage, beyond those
currently existing, would occur to the lands municipally known as 151
Upper Centennial Parkway.
(e)
That prior to preliminary grading or servicing, the Owner carry out and
complete an archaeological assessment over the entire lands, to the
satisfaction of the Director of Planning and the Ministry of Citizenship,
Culture and Recreation, and mitigate through preservation or resource
removal and documentation adverse impacts to the significant
archaeological resources found, all prior to demolition, grading or soil
disturbances on the land.
(f)
The Owner pay any outstanding costs related to the Owner's 25% share
of the actual cost of the work necessary to remediate the 450mm
sanitary sewer on Branthaven Drive, including road restoration.
(g)
The Owner undertake or secure the following intersection improvement
at the intersection of Mud Street and Upper Centennial Parkway at
100% the Owner's expense: an exclusive eastbound right turn lane, to
the satisfaction of the Director of Development Engineering
(h)
The Owner undertake a traffic impact study satisfactory to the Manager
PART 8
COMMERCIAL ZONES
COM-102
of Traffic Engineering to determine if any additional road
improvements are required to accommodate the proposed development.
The Owner will pay the full cost of any peer review analysis
undertaken by the City.
By-law 13-224
SC2-7 512 Highland Road West, Schedule "A", Map No. 15
By-law 14-315
(OMB Approval)
Notwithstanding the definition of a "Lot" within Part 2, Definitions and Section
4.4.2, Restriction on Change, those lands zoned Community Shopping Centre
By-law 16-182
"SC2-7" for the purposes of this By-law shall be considered as one lot.
For the purposes of this By-law, where lands have been comprehensively
planned and are subject to an approved Site Plan and a Development Agreement,
pursuant to Section 41 of the Planning Act, any zoning deficiencies resulting
from the phased development of the subject lands shall be deemed to conform to
the regulations of the By-law, provided that all applicable regulations of the By-
law relative to the whole lot and its external lot lines are complied with.
In addition to the uses permitted in Sub-section 8.10.2 of the Community Shopping
Centre "SC2" Zone, the following uses shall also be permitted:
(a)
Personal Service Shops.
(b)
Retail Stores, including one Supermarket.
(c)
Pharmacies, however, a stand-alone Pharmacy (drug store) shall not be
permitted prior to June 6, 2017.
(d)
Fitness Centres.
For the purposes of this By-law a "Fitness Centre" shall be defined as: a
commercial establishment which houses exercise equipment for the purpose of
physical exercise, personal well-being, and health.
Notwithstanding the provisions of Paragraphs (d), (e), (f), (j) (l), and (m) of
Sub-section 8.10.3 of the Community Shopping Centre "SC2" Zone, on those
lands zoned "SC2-7" by this By-law, the following shall apply:
(d)
Total Minimum Gross Leasable Floor Area:
2,000 sq. m.
(e)
Total Maximum Gross Leasable Floor Area:
19,500 sq. m.
Maximum Gross Leasable Floor Area
4,000 sq. m.
for one Supermarket:
PART 8
COMMERCIAL ZONES
COM-103
Maximum Gross Leasable Floor Area
6,000 sq. m.
for one Retail Department Store shall
not be permitted prior to the year 2018:
(f)
Minimum Yard Abutting the Westerly
11m
Lot Line along the Trinity Church Road
Extension:
Minimum Yard Abutting the Northerly
6m
Lot Line along Stone Church Road East:
Minimum Yard Abutting the Easterly
6m
Lot Line along Upper Mount Albion Road:
Minimum Yard Abutting the Southerly
6m
Lot Line along Highland Road West:
(j)
Minimum Landscaped Area:
1.
A landscaped strip, having a minimum width of 3m, shall be
provided and maintained adjacent to any public street, except for
points of ingress and egress.
2.
A landscaped strip, having a minimum width of 6m, shall be
provided and maintained along the westerly lot line (future Trinity
Church Road Extension).
3.
An outdoor patio may be permitted to encroach into the required
front yard and landscape strip.
Notwithstanding the Parking Regulations in Section 4.10.3 (a), Dimensions of
Parking Spaces, no parking space shall be less than 2.6m in width x 5.5m in length,
unless otherwise provided for in this By-law.
Notwithstanding the Parking Regulations in Section 4.10.9, Schedule of Minimum
Parking Requirements, the minimum parking spaces required shall be 4 spaces per
93 sq. m. of gross floor area.
Notwithstanding the Loading Regulations in Section 4.9.2, Schedule of Required
Loading Spaces, no loading space shall be required for commercial buildings
having a gross floor area between 1,000 sq. m. to 1,999 sq. m.
In addition to the regulations of Sub-section 8.10.3, the following shall also apply:
The minimum combined width of the ground floor façade of all buildings located
within 20m of the Upper Mount Albion Road lot line shall be equal to 40% or more
of the measurement of the front lot line, and shall be subject to the following:
PART 8
COMMERCIAL ZONES
COM-104
A.
A maximum building setback of 6.0m shall apply;
B.
All principal entrances shall be accessible from the building façade with
direct access from the public sidewalk; and,
C.
No parking, driveways, drive through lanes, stacking lanes, or aisles shall
be located between a building façade and the public street.
The (H1) symbol may be removed by further amendment to this By-law at such
time as the following condition has been satisfied:
1.
That the owner complete water distribution upgrades to District 7 Pump
Station, and provides adequate water supply to the subject lands, to the
satisfaction of the Senior Director of Growth Management.
The (H2) symbol may be removed to permit limited development abutting Stone
Church Road by further amendment to this By-law at such time as the following
conditions have been satisfied:
1.
That the owner agrees, in writing, to pay its proportionate share towards the
existing stormwater management facility located on the north side of Stone
Church Road East and services installed on Stone Church Road East,
including road urbanization, to satisfy the best efforts obligation, as
outlined in the Heritage Green Subdivision Agreement, to the satisfaction
of the Senior Director of Growth Management.
2.
That the owner agrees, in writing, to:
i.
urbanize Upper Mount Albion Road from Stone Church Road East,
including sanitary sewers, as required, from a midblock entrance to
Stone Church Road East, to the satisfaction of the Senior Director
of Growth Management, and the Director of Engineering Services,
Public Works Department;
ii.
construct sidewalk from required street lighting on Stone Church
Road East and Upper Mount Albion Road from the future Trinity
Church Arterial Road to a midblock entrance on Upper Mount
Albion Road; and,
iii.
construct a temporary sidewalk from a midblock entrance to
Highland Road West;
all to the satisfaction of the Director of Engineering Services, Public
Works Department.
3.
That the owner agrees, in writing, to implement recommendations from an
approved, revised TIS for the proposed use, which identifies the current
road network conditions, identified restrictions to access on Stone Church
PART 8
COMMERCIAL ZONES
COM-105
Road East, and the impacts and mitigations required for the road and
pedestrian network, to the satisfaction of the Director of Engineering
Services, Public Works Department.
The (H3) symbol may be removed by further amendment to this By-law at such
time the Trinity Church Arterial Road is constructed to Rymal Road as the
following condition has been satisfied:
1.
That the owner agrees, in writing, to implement recommendations from an
approved Traffic Impact Study (TIS), prepared by Paradigm Transportation
Solutions Ltd., which shall be revised as phasing of the development
proceeds, to the satisfaction of the Director of Engineering Services, Public
Works Department.
The (H4) symbol may be removed for the remainder of the lands by further
amendment to this By-law at such time as the following conditions have been
satisfied:
1.
That the trunk sanitary and storm sewer outlets at Highland Road West
and Upper Mount Albion Road are available, to the satisfaction of the
Senior Director of Growth Management.
2.
That the owner agrees, in writing, to urbanize (sidewalk, streetlights, and
sanitary sewers) for Highland Road West, from Upper Mount Albion to the
Trinity Church Arterial Road and Upper Mount Albion Road from a
midblock driveway to Highland Road West, to the satisfaction of the Senior
Director of Growth Management.
By-law 15-219
SC2-8(H)
1290 South Sevice Road, Schedule "A", Map
No. 9
(i)
Notwithstanding the definition of "Lot" of Section 2 "Definitions" and
Section 4.4.2, Restriction on Change, those lands zoned Community
Shopping Centre "SC2-8(H)" by this By-law shall be considered one lot.
(ii)
Notwithstanding the definition of "Lot Line - Front" of Section 2
"Definitions" the following definitions shall apply:
Lot Line - Front
The southerly portion of the lot line along Vince Mazza Way having a
dimension of 125.840m shall be deemed to be the front lot line.
(iii)
Notwithstanding the definition of "Commercial Recreation" of Section 2
"Definitions" the following definition shall apply:
Commercial Recreation
When used to describe a use, building, structure or activity, means a use,
PART 8
COMMERCIAL ZONES
COM-106
building or part there, structure or activity pertaining to operations for gain
for the purposes of squash, tennis, racquet or handball courts, bowling
alleys, gymnasiums, private clubs, banquet halls, physical fitness centre,
arenas, yoga studios, martial arts clubs, or similar facilities where
instruction is received, but does not include a flea market.
(iv)
Notwithstanding the definition of "Auditorium" of Section 2 "Definitions"
the following definition shall apply:
Auditorium
Means a building or structure, or part thereof, where facilities are provided
for civic, educational, musical, recreational, theatrical, political, religious
or social events, and includes an assembly hall, arena, cinema, theatre,
playhouse, opera house, concert hall, public museum, exhibition
hall, convention centre or community social centre, but does not include an
amusement centre, commercial recreation centre, stadium or drive-in
theatre as defined herein, or any retail store or restaurant unless such retail
store, restaurant and amusement centre is an accessory use.
(v)
Notwithstanding the definition of "Floor Area - Gross Leasable" of Section
2 "Definitions" the following definition shall apply:
Floor Area - Gross Leasable
For a commercial or industrial use means the total floor area of all the
storeys of all buildings or structures used for commercial or industrial
purposes on a lot; such areas to be measured from the interior faces of
the exterior walls, or from centre lines of party walls but excluding the area
of any floor area used for the following purposes:
(a) Parking of motor vehicles;
(b) Storage rooms in basements or cellars;
(c) Mechanical equipment rooms for serving and maintaining the building;
(d) Elevator shafts and areas occupied by escalators; and,
(e) Common walkways, hallways, enclosed malls and services areas.
(vi)
In addition to the definition of "Landscape Strip" and/or "Landscape Open
Space" within Section 2 "Definitions", hydro vaults, flag poles, signs and/or
other similar utility and/or landmark structures shall be permitted within a
Landscape Strip and/or Landscape Open Space.
(vii)
Notwithstanding the provisions of Section 8.10.2 "Permitted Uses for Each
Lot" of Zoning By-law No. 3692-92, on those lands zoned "SC2-8(H)" by
this By-law, the following uses shall be prohibited:
- Amusement Centres, unless it is accessory to an Auditorium;
- Art Galleries;
- Places of Recreation or Entertainment;
PART 8
COMMERCIAL ZONES
COM-107
- A single use over 10,000m2; and,
- Garden Nursery Centre, unless it is accessory to a retail department store,
subject to the provisions (ix)(p) below.
and/or
(viii) In addition to the "Permitted Uses for Each Lot" of Section 8.10.2 of
Zoning By-law No. 3692-92, the following uses shall also be permitted:
- Personal Service Shop;
- Commercial Recreation;
- Animal Hospital or Shelter; and,
- Veterinary Facility.
(ix)
Notwithstanding the provisions of Paragraphs (a), (b), (d), (f), (g), and (j)
of Section 8.10.3 "Zone Regulations"; Section 4.9.2 "Schedule of Required
Loading Spaces"; Paragraph (a) of Section 4.10.3 "Dimensions of Parking
Spaces"; Paragraph (a) of Section 4.10.4 "Requirements for Parking
Designated for Vehicles of Physically Challenged"; and, Section 4.10.9
"Schedule of Minimum Parking Requirements of Zoning By-law No. 3692-
92, on those lands zoned "SC2-8(H)" by this By-law, the following shall
apply:
(a) Minimum Lot Area
- 3.4 hectares
(b) Minimum Lot Frontage
- 125 metres
(d) Minimum Gross Leasable Floor Area
- 7,500 square metres
for the entire site.
(f) Minimum Front Yard
- 5.0 metres
(g) Minimum Rear Yard
- 14,0 metres
(j) Minimum Landscape Open Space
10 percent of lot area, a portion which shall include a landscape strip
having a minimum width of 4.4 metres shall be provided adjacent to any
public street, including at the hypotenuse of a daylight triangle, except
for the lot line abutting the South Service Road, where a landscape strip
having a minimum width of 7.4m shall be provided, excluding the points
of ingress and egress.
(l) Minimum Parking Requirements
1. Parking for a shopping centre shall be at a ratio of 1 parking space
for each 21 square metres of gross floor area or part thereof.
2. Parking spaces shall have minimum rectangular dimensions of 2.6
metres by 5.5 metres and parking designated for vehicles of
PART 8
COMMERCIAL ZONES
COM-108
physically challenged shall have a minimum rectangular dimension
of 4.4 metres by 5.5 metres, exclusive of any lands used for access,
manoeuvring, driveways or a similar purpose.
3. Required parking shall not be located between a building facade and
the respective street. In no case shall required parking be closer than
4.6 metres from a street.
(m) Minimum Loading Requirements
Notwithstanding the provisions of Section 4.9.2, the following loading
space regulations shall apply for commercial buildings:
1,200m2- 1,999m2: Minimum of 1 loading space
2,000m2 - 7,999m2: Minimum of 2 loading spaces
8,000m2 and greater: Minimum of 4 loading spaces
(x)
In addition to provisions of Section 8.10.3 "Zone Regulations" on those
lands zoned "SC2-8(H)" by this By-law, the following shall apply:
(n) Minimum Side Yard 4.4 metres
(o) Medical Offices or Clinics and/or Professional or Business Offices on
the same lot shall not exceed 2,000m2 of Gross Floor Area.
(p) Accessory Garden Nursery Centres shall be subject to the following:
(i) The garden nursery centre shall not exceed a maximum period of
120 day annually, and,
(ii) Not more than 10% of the total number of parking spaces provided
on the lands shall be used for a garden nursery centre.
(q) Built Form - the minimum width of all ground floor fagades facing the
following roadways, shall be equal to or exceed, the following
percentages for the entire site, except at the daylight triangles:
Winona Road
-
65%
Vince Mazza Way (Side Lot Line)
-
50%
Vince Mazza Way (Front Lot Line)
-
40%
South Service Road
-
35%
(xi)
The "H" symbol may be removed at such time as the following has been
satisfied:
PART 8
COMMERCIAL ZONES
COM-109
a) That the owner / applicant enters into an appropriate development
agreement with the City to extend the sanitary sewer and watermain, and
to complete any road or traffic improvements on the adjacent streets or
to pay his/her fair share of the works in case those works have been
completed by others, all to the satisfaction of the Senior Director of
Growth Management.
b) That the owner / applicant demonstrates that an appropriate treatment
train approach can be implemented on site using LIDs to satisfy the level
2 quality control requirements, to the satisfaction of the Senior Director
of Growth Management and the Hamilton Conservation Authority.
PART 8
COMMERCIAL ZONES
COM-110
SECTION 8.11 RURAL COMMERCIAL "RC" ZONE
8.11.1
Scope
No person shall within any Rural Commercial "RC" Zone use any land or erect,
alter or use any building or structure, except in accordance with the following
provisions:
8.11.2
Permitted Uses For Each Lot
(a) Convenience Food Stores
(b) Farm Implement Sales and Service
(c) Farm Supply Stores
(d) Fruit and Vegetable Outlets
(e) Motor Vehicle Service Stations
(f) Nursery Garden Centres
(g) Private Clubs
(h)
Restaurant - Standard, located on the same lot as a motor vehicle
service station
(i) Veterinary Establishments
(j) An Accessory Dwelling Unit
(k) Uses, buildings or structures accessory to a permitted use
8.11.3
Zone Regulations For All Uses Other Than Those Uses Specified In
Section 8.11.4
(a)
Minimum Lot Area
-
1 hectare
(b)
Minimum Lot Frontage
-
60 metres
(c)
Maximum Lot Coverage
-
20 percent
(d)
Minimum Front Yard
-
10 metres
(e)
Minimum Side Yard
-
10 metres except 12 metres for a
flankage yard
(f)
Minimum Rear Yard
-
7.5 metres
(g)
Maximum Building Height
-
10.5 metres
(h)
Minimum Landscaped Open Space - 10 percent of lot area a portion
which shall include the following where applicable
PART 8
COMMERCIAL ZONES
COM-111
1.
A landscaped strip having a minimum width of 5 metres shall be
provided adjacent to every portion of any lot line that abuts any
street except for points of ingress and egress or zone other than a
commercial or industrial zone.
(i)
Outside Storage - No outside storage shall be permitted except where
such storage is temporary and accessory to the principal use and is
located in any yard except a required yard and shall be screened from
view.
(j)
Minimum Parking Requirements:
1.
Parking spaces shall be provided in accordance with Section
4.10.
2.
For all uses not specified in Section 4.10, a minimum of one
parking space per 28 square metres of gross floor area or fraction
thereof, shall be required.
3.
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 5 metres from any lot line or any lot line
abutting a street or closer than 7.5 metres to the boundary of any
Rural residential zone.
(k)
Minimum Loading Requirements - Loading facilities must be
provided in accordance with Section 4.9.
8.11.4
Regulations For Motor Vehicle Service Stations
Motor Vehicle Service Stations are permitted in accordance with Section
8.1.5.
8.11.5
Special Exemptions
RC - 1 885 Highway No. 8, Schedule "A", Map No. 7
In addition to the uses permitted in Section 8.11.2 of the Rural Commercial
"RC" Zone, those lands zoned "RC-1" by this By-law may also be used for a
restaurant and coffee shop having a maximum public floor area of 45 square
metres and a motor vehicle repair garage excluding a body shop.
PART 8
COMMERCIAL ZONES
COM-112
By-law 4947-99
RC - 2(T)
1091 Highway No. 8, Schedule "A", Map No. 8
Notwithstanding the uses permitted in Section 8.11.2 of the Rural
Commercial "RC" Zone, those lands zoned "RC-2(T)" by this By-law may only
be used for a food store, farm implement sales and service, farm supply store,
fruit and vegetable outlet, nursery garden centre, private club, a standard
restaurant not exceeding a capacity of 150 seats, veterinary establishment, an
accessory dwelling unit and uses, buildings or structures accessory to a
permitted use. In addition to the aforesaid permanent permitted uses, a pitch
and putt golf course and buildings or structures accessory thereto may be
permitted as a temporary use pursuant to Section 3.9 of this By-law. This
Temporary Use may be permitted until March 1, 2002.
Notwithstanding the provisions of paragraphs (b), (e) and (h) of Section
8.11.3 of the Rural Commercial "RC" Zone, on those lands zoned "RC-2(T)" by
this By-law, the following provisions shall apply: The minimum lot frontage
shall be 45 metres. The minimum side yard shall be 3 metres for any existing
building. A landscaped strip having a minimum width of 3 metres shall be
provided adjacent to Highway No. 8 except for points of ingress and egress.
Paragraph (j)3 of Section 8.11.3 does not apply to these lands.
RC - 3 904 Highway No. 8, Schedule "A", Map No. 8
Notwithstanding the uses permitted in Section 8.11.2 of the Rural
Commercial "RC" Zone, those lands zoned "RC-3" by this By-law may only
be used for a convenience food store and an accessory dwelling unit.
RC - 4 1041 Ridge Road, Schedule "A", Map No. 13
Notwithstanding the uses permitted in Section 8.11.2 of the Rural
Commercial "RC" Zone, those lands zoned "RC-4" by this By-law may only
be used for a convenience food store, post office, an accessory dwelling unit and
uses, buildings or structures accessory to a permitted use.
PART 8
COMMERCIAL ZONES
COM-113
By-law 08-164
RC - 5
268-274 Upper Centennial Parkway, Schedule "A", Map No. 17
Notwithstanding the uses permitted in Subsection 8.11.2 of the Rural Commercial
"RC" Zone, on those lands zoned "RC-5" by this By-law, a convenience
restaurant with an accessory drive-thru and outdoor patio shall also be permitted
only in conjunction with a motor vehicle service station.
Notwithstanding the provisions of Subsection 8.1.7 (d), the maximum seating
capacity for the outdoor patio shall be 20.
IND-1
PART 9
INDUSTRIAL ZONES
SECTION 9.1
GENERAL PROVISIONS FOR INDUSTRIAL ZONES
9.1.1
Scope
In any Industrial Zone, no person shall use any land or erect, alter or use any
building or structure, except in accordance with the following provisions which,
in addition to other requirements of this By-law, shall apply to all Industrial
Zones.
9.1.2
Industrial Zones
For the purpose of this By-law, the following Industrial Zones are established
within the Defined Area and such zones may be referred to by the following
symbols:
Zone
Symbol
Small Scale Industrial
MS
Preferred Industrial
MP
Prestige Industrial
MT
General Industrial
MG
Special Purpose Industrial
MSP
Business Park Industrial
MBP
Extractive Industrial
ME
Rural Industrial
MR
9.1.3
Industrial Development Adjacent To Railway Right-Of-Way
Notwithstanding any side yard or rear yard provisions of the industrial zones
of this By-law, where any lot line within an industrial zone abuts a railway
right-of-way, the minimum yard requirement shall be 15 metres.
9.1.4
Screening Provisions For Outside Storage And Outside Operations
When outside storage and outside operations are permitted under the
applicable provisions of the zone in which the lot is located, such storage and
operations are to be fully screened from the view from adjacent streets and
lots in accordance with the City of Stoney Creek Fence By-law.
PART 9
INDUSTRIAL ZONES
IND-2
9.1.5
Restrictions Adjacent To Residential Zones
Notwithstanding any other provisions of this By-law, where an industrial zone
abuts a residential zone or rural residential zone, the following provisions
shall apply to the industrial lot adjacent to the residential zone:
(a) Minimum Side Yard - 15 metres
(b) Minimum Rear Yard - 15 metres
(c) Maximum Building Height - 9 metres
(d)
A landscaped strip having a minimum width of 9 metres shall be
provided and thereafter maintained adjacent to every portion of any lot
line that abuts a residential zone.
(e)
Parking of vehicles exceeding an overall height of 2.5 metres shall not
be permitted within 15 metres of any lot line that abuts a residential zone.
(f)
Loading and unloading and docks or doors for loading or unloading,
except emergency doors, shall not be permitted within 20 metres of any
lot line that abuts a residential zone.
(g)
Within industrial zones that permit outside storage, outside storage
shall not be permitted within 15 metres of any lot line that abuts a
residential zone.
9.1.6
Loading
Loading requirements will be in accordance with Section 4.9. In addition,
loading spaces or docks for loading are not permitted in the area between the lot
line abutting a street and any wall of a building facing a street extended to the
side lot lines.
9.1.7
Prohibition Of Dual Use Of Properties For Residential And Industrial
Purposes (By-law 4060-94)
Notwithstanding anything herein, no industrial use permitted in any industrial
zone may be established on a lot used for residential purposes, so long as the
residential use continues.
PART 9
INDUSTRIAL ZONES
IND-3
9.1.8
Parking Lots (By-law 4334-96)
A parking lot in an Industrial Zone only is permitted if established in
conjunction with a permitted industrial use and must be located within 150
metres of the property containing the permitted industrial use.
9.1.9
Waste Transfer Facility and Waste Processing Facility (By-law No. 09-131)
Where a Waste Transfer Facility or a Waste Processing Facility are a
permitted use within an INDUSTRIAL ZONE, any building, structure or land
used for such purpose shall be located a minimum of 300 metres from a
Residentially Zoned or Institutionally Zoned property lot line. All other
provisions of this By-law shall continue to apply.
9.1.10
Notwithstanding Section 9.1.9 above, the Waste Management Facility, as
existing at the time of passing of By-law 09-131, shall also be permitted on
the following properties:
- 331-337 Leaside Avenue
- 350 Jones Road
- 297-363 Upper Centennial Parkway
9.1.11
Notwithstanding Section 9.1.9 above, a Waste Processing Facility shall also
be permitted on the following property:
- 384-390 Millen Road
9.1.12
Notwithstanding Section 9.3.2, a Hazardous Waste Management Facility shall
also be permitted on the following property:
- 144-190 South Service Road (Units 162-178)
PART 9
INDUSTRIAL ZONES
IND-4
SECTION 9.2
SMALL SCALE INDUSTRIAL "MS" ZONE
9.2.1
Scope
No person shall within any Small Scale Industrial "MS" Zone use any land or
erect, alter or use any building or structure except in accordance with the
following provisions:
9.2.2
Permitted Uses For Each Lot
(a)
Any assembling, manufacturing or processing
obnoxious as defined by this By-law.
use which is not
(b)
Animal Hospitals or Shelters
(c)
Bakeries
(d)
Business or Commercial Trade Schools
(e)
Commercial Recreational Uses
(f)
Equipment Rentals and Servicing
(g)
Machine Shops
By-law 4848-98
(h)
Motor Vehicle Dealerships
(i)
Motor Vehicle Parts and Accessories Sales
(j)
Motor Vehicle Repair Garages
By-law 4334-96
(k)
Parking Lots
(l)
Printing Establishments
(m)
Sample Showrooms
(n)
Service and Repair Shops
(o)
Warehouses
(p)
Wholesale Uses
(q)
Video, film or radio sound production studios
By-law 09-131
(r)
Waste Transfer Facility
By-law 09-131
(s)
Waste Processing Facility
(t)
Uses, buildings or structures accessory thereto except residential or
retail uses
9.2.3
Zone Regulations
(a)
Minimum Lot Area
-
1,858 square metres
PART 9
INDUSTRIAL ZONES
IND-5
(b)
Minimum Lot Frontage
-
30 metres
(c)
Maximum Lot Coverage
-
50 percent
(d)
Minimum Front Yard
-
9 metres
(e)
Minimum Side Yard
-
3 metres except 9 metres for a
flankage yard
(f)
Minimum Rear Yard
-
7 metres
(g)
Maximum Building Height
-
9 metres
By-law 3863-93 (h) Minimum Landscaped Open Space - 5 percent of the lot area, a portion
which shall include the following if applicable: A landscaped strip having
a minimum width of 7.5 metres shall be provided and thereafter
maintained adjacent to every portion of any lot line that abuts a street,
except for points of ingress and egress.
− −
(i)
Outside Storage and Operations - No outside operations or storage shall
be permitted except in the rear yard. Any permitted use shall be
conducted entirely within an enclosed building. Outside display of
vehicles associated with a motor vehicle dealership shall be permitted
in any yard.
(j) Minimum Parking Requirements
1. Parking spaces shall be provided in accordance with Section 4.10.
2.
For those uses not specified in Section 4.10, a minimum of one
parking space per 100 square metres of gross floor area for industrial
uses shall be required.
(k) Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 4.9.
9.2.4
Retail Sales
A maximum of 5 percent of the gross floor area of any permitted use under
the provisions of paragraph (a) of Section 9.2.2 may be used for the display of
or for the retail sale of products manufactured, processed or assembled on the
premises. In the case of multiple unit buildings this 5 percent shall be
apportioned among the occupants based upon their individual floor areas.
9.2.5
Regulations for Parking Lots (By-law 4334-96)
Parking lots are permitted in accordance with Section 9.1.8.
PART 9
INDUSTRIAL ZONES
IND-6
9.2.6
Motor Vehicle Dealerships (By-law 4848-98)
Motor Vehicle Dealerships shall only be permitted west of Dewitt Road and
subject to the provisions of Subsection 8.1.6, "Motor Vehicle Dealerships", of
Zoning By-law No. 3692-92.
9.2.7
Special Exemptions
MS - 1 9 Teal Avenue, 27 Garden Avenue, Schedule "A", Map No. 1
In addition to the uses permitted in Section 9.2.2 of the Small Scale Industrial
"MS" Zone, those lands zoned "MS-1" by this By-law may also be used for a
private parking lot.
By-law 4334-96 Notwithstanding the provisions of paragraph (h) of Section 9.2.3 of the Small
Scale Industrial "MS" Zone, on those lands zoned "MS-1" by this By-law the
minimum landscaping strips adjacent to the street shall be as existing at the date
of the passing of the By-law.
By-law 5136-00
MS - 2
55 Community Avenue, Schedule "A", Map No. 1
Notwithstanding the uses permitted in Section 9.2.2 of the Small Scale Industrial
"MS" Zone, on those lands zoned "MS-2" by this By-law, an accessory building may
be permitted in the north-west side yard. Notwithstanding the provisions of
paragraphs (c), (e) and (f) of Section 9.2.3 of the Small Scale Industrial "MS" Zone,
on those lands zoned "MS-2" by this By-law the following provisions shall apply:
The accessory building (formerly a quonset hut) permitted by this exemption shall be
restricted to a maximum gross floor area of 96 square metres. The minimum
westerly side yard for the accessory building shall be 3.8 metres. The minimum rear
yard for the accessory building shall be 0.48 metres.
MS - 3 31 Kenmore Avenue, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (b) and (e) of Section 9.2.3 of the
Small Scale Industrial "MS" Zone, on those lands zoned "MS-3" by this By-law,
the minimum lot frontage shall be 27 metres; the minimum side yard abutting
the north lot line shall be 4.5 metres and the minimum side yard abutting the
south lot line shall be 7 metres.
MS - 4 27 Kenmore Avenue, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (a) and (b) of Section 9.2.3 of the
PART 9
INDUSTRIAL ZONES
IND-7
Small Scale Industrial "MS" Zone, on those lands zoned "MS-4" by this By-
law, the minimum lot frontage shall be 22.8 metres and the minimum lot area
shall be 1,763 square metres.
MS - 5 355 Dewitt Road, Schedule "A", Map No. 1
In addition to the uses permitted in Section 9.2.2 of the Small Scale Industrial
"MS" Zone, those lands zoned "MS-5" by this By-law may also be used for a
restaurant, bank, and professional and business office.
Notwithstanding the provisions of paragraphs (d) and (e) of Section 9.2.3 of the
Small Scale Industrial "MS" Zone, on those lands zoned "MS-5" by this By-
law, the minimum front yard shall be 7.5 metres and the minimum side yard
shall be 3 metres on one side and 6 metres on the other side, provided that
on a corner lot the minimum side yard on the flankage lot line shall be 6 metres.
MS - 6 445, 449 Barton Street, Schedule "A", Map No. 1
In addition to the uses permitted in Section 9.2.2 of the Small Scale Industrial "MS"
Zone, on those lands zoned "MS-6" by this By-law, a motor vehicle service station
and the sale of not more than five motor vehicles in accordance with Section 8.1.6
and a car wash in accordance with Section 8.1.5 may be permitted.
MS - 7 1047, 1051 Barton Street, Schedule "A", Map No. 3
By-law 3724-93 Notwithstanding the permitted uses in Section 9.2.2 of the Small Scale
Industrial "MS" Zone, those lands zoned "MS-7" by this By-law may be used
for any small scale assembling, manufacturing, processing, which is not
obnoxious as defined by this By-law, equipment rentals and servicing
establishment and machine shops when not abutting a residential zone, motor
vehicle parts and accessories, printing establishments, commercial-
recreational uses, sample showrooms, service and repair shops, warehouses
and storage establishments, wholesale uses, video, film or radio sound
production studios and uses, buildings or structures accessory thereto except
residential or retail uses.
PART 9
INDUSTRIAL ZONES
IND-8
Notwithstanding the provisions of paragraph (a) of Section 9.2.3 of the Small
Scale Industrial "MS" Zone, on those lands zoned "MS-7" by this By-law, the
minimum lot area shall be 4,000 square metres.
In addition to the provisions of paragraph (g) of Section 9.1.5 of the Small Scale
Industrial "MS" Zone, on those lands zoned "MS-7" by this By-law, outside
operations, display and storage shall not be permitted in any yard that abuts a
residential zone.
Notwithstanding the provisions of paragraph (b) of Section 9.2.3 of the Small
Scale Industrial "MS" Zone, on those lands zoned "MS-7" by this By-law, any
lot fronting on Barton Street shall have a minimum lot frontage of 80 metres.
By-law 02-069 In addition to the provisions of paragraph (d) of Section 9.1.5, on those lands
zoned "MS-7", a berm planted with trees shall be provided abutting all
residential uses in order to provide visual screening.
MS - 8 835 Barton Street, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (a) and (b) of Section 9.2.3 of the
Small Scale Industrial "MS" Zone, on those lands zoned "MS-8" by this By-
law, the minimum lot area shall be .11 hectares and the minimum lot frontage
shall be 30 metres.
By-law 5212-00
MS - 9
490 Arvin Avenue, Schedule "A", Map No. 1
In addition to the uses permitted in Subsection 9.2.7, of the Small Scale
Industrial "MS" Zone, those lands zoned "MS-9" by this By-law may also be
used for a restaurant not exceeding 120 square metres gross floor area.
By-law 07-210
MS - 10
837 Barton Street, Schedule "A", Map No. 2
In addition to the uses permitted in Subsection 9.2.2, of the Small Scale
Industrial "MS" Zone, those lands zoned "MS-10" by this By-law may also be
used for a contractor's depot.
PART 9
INDUSTRIAL ZONES
IND-9
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Animal Hospitals or Shelters Business
or Professional Offices Business or
Commercial Trade Schools
Commercial Recreational Uses
Equipment Rental and Servicing
Industrial Garages
Machine Shops
Motor Vehicle Parts and Accessories Retail Stores
Motor Vehicle Repair Garages
By-law 4334-96
(k)
Parking Lots
(l)
Printing Establishments
(m)
Research Centres
(n)
Sample Showrooms
(o)
Service and Repair Shops
(p)
Trade and Convention Centres (excluding flea markets)
(q)
Video, Film or Radio Sound Production Studios
(r)
Warehouses
By-law 09-131
(s)
(t)
Wholesale Uses
Waste Transfer Facility
By-law 09-131
(u)
Waste Processing Facility
(v)
Uses, buildings or structures accessory thereto except residential uses
SECTION 9.3
PREFERRED INDUSTRIAL "MP" ZONE
9.3.1
Scope
No person shall within any Preferred Industrial "MP" Zone use any land or erect,
alter or use any building or structure except in accordance with the following
provisions:
9.3.2
Permitted Uses For Each Lot
(a)
Any assembling, manufacturing or processing use which is not
obnoxious as defined by this By-law
PART 9
INDUSTRIAL ZONES
IND-10
9.3.3
Zone Regulations
(a)
Minimum Lot Area
-
1,858 square metres
(b)
Minimum Lot Frontage
-
30 metres
(c)
Maximum Lot Coverage
-
50 percent
(d)
Maximum Floor Area Ratio
-
75 percent
(e)
Minimum Front Yard
-
15 metres except adjacent to the
South Service Road where the
minimum front yard shall be 30
metres
(f)
Minimum Side Yard
-
4.5 metres
(g)
Minimum Flankage Yard
-
9 metres except adjacent to the
South Service Road where the
minimum flankage yard shall be 30
metres
(h)
Minimum Rear Yard
-
7 metres
(i)
Minimum Landscaped Open Space - 10 percent of lot area a portion
which shall include the following where applicable:
1.
A landscaped strip having a minimum width of 15 metres shall be
provided and thereafter maintained adjacent to every portion of
any lot line that abuts the South Service Road except for points of
ingress and egress.
2.
A landscaped strip having a minimum width of 7.5 metres shall
be provided and thereafter maintained adjacent to every portion of
any lot line that abuts any street other than the South Service
Road except for points of ingress and egress.
(j)
Outside Storage and Operations - No outside storage or operations
areas shall be permitted.
(k)
Minimum Parking Requirements
1.
Parking spaces shall be provided in accordance with Section 4.10.
PART 9
INDUSTRIAL ZONES
IND-11
2. For those uses not specified in Section 4.10, a minimum of one parking
space per 100 square metres of gross floor area shall be required.
(l)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 9.1.6.
9.3.4
Retail Sales
A maximum of 5 percent of the gross floor area of any use permitted under
the provisions of paragraph (a) of Section 9.3.2 may be used for the display of
or for the retail sale of products manufactured, processed or assembled on the
premises. In the case of multiple unit buildings this 5 percent shall be
apportioned among the occupants based on their individual floor area.
9.3.5
Regulations for Parking Lots (By-law 4334-96)
Parking lots are permitted in accordance with Section 9.1.8.
9.3.6
Special Exemptions
MP - 1
424 Belgraden Avenue and South Service Road, Schedule "A",
Map No. 1
In addition to the provisions of paragraph (j) of Section 9.3.2 of the Preferred
Industrial "MP" Zone, those lands zoned "MP-1" by this By-law may be used for
car leasing and may have machinery and equipment stored in the front and side
yards provided that the front, side and rear yards are enclosed with fences.
MP - 2 565 Seaman Avenue, Schedule "A", Map No. 2
In addition to the provisions of Section 9.3.4 of the Preferred Industrial "MP"
Zone, on those lands zoned "MP-2" by this By-law, a maximum of 10 percent of
the gross floor area of any permitted use may be devoted to a retail sales area.
In addition to the provisions of paragraph (i) of Section 9.3.3 of the Preferred
Industrial "MP" Zone, on those lands zoned "MP-2 by this By-law, a landscaped
strip having a minimum width of 4.5 metres shall be provided adjacent to
Seaman Avenue.
PART 9
INDUSTRIAL ZONES
IND-12
MP - 3 10 Kerivan Court, Schedule "A", Map No. 2
In addition to the uses permitted in Section 9.3.2 and Section 9.3.4 of the
Preferred Industrial "MP" Zone, those lands zoned "MP-3" by this By-law
may also be used for showrooms and a home furnishings retail outlet provided
the gross floor area devoted for retail purposes does not exceed 50 percent of
the gross floor area of the building.
MP - 4 433 Jones Road, Schedule "A", Map No. 2
In addition to the uses permitted in Section 9.3.2 and Section 9.3.4 of the
Preferred Industrial "MP" Zone, those lands zoned "MP-4 " by this By-law may
also be used for retail sale of furniture, household appliances and fixtures and
floor and wall coverings provided that the retail component or showroom
occupies less than 50 percent of the total gross floor area of such building.
Notwithstanding the provisions of paragraphs (g), (i) and (l) of Section 9.3.3
of the Preferred Industrial "MP" Zone, on those lands zoned "MP-4" by this By-
law, the following provisions shall apply: The minimum side yard
abutting the Queen Elizabeth Way shall be 13.7 metres and the minimum side
yard abutting the South Service Road shall be 18.3 metres. A landscaped
strip shall be provided as follows: 9 metres adjacent to the north lot line; 5
metres between the south lot line and any internal roadway; 11 metres
between the south lot line and any parking spaces; 1.5 metres adjacent to the
east of lot line; and 6 metres adjacent to the daylight triangle. Loading facilities
may be provided in the side yard abutting the Queen Elizabeth Way.
MP - 5 760 South Service Road, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraph (j) of Section 9.3.3 of the Preferred
Industrial "MP" Zone, those lands zoned "MP-5" by this By-law may have
a maximum of two outdoor display pads not exceeding a gross area of 380
square metres and in no case shall one display pad exceed a gross area of 190
square metres. The display pads shall only be located in the yards
adjacent to the South Service Road. Each outdoor display pad shall only be
used to display one new tractor, one new bulldozer, one new backhoe or one
PART 9
INDUSTRIAL ZONES
IND-13
new piece of similar construction equipment.
MP - 6 430 Jones Road, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraphs (f) and (g) of Section 9.3.3 of
the Preferred Industrial "MP" Zone, on those lands zoned "MP-6" by this
By-law, the minimum side yard abutting the north property line shall be 6.4
metres and the minimum side yard abutting the South Service Road shall be
13.7 metres.
MP - 7 442 Millen Road, Schedule A, Map No. 1
Notwithstanding the provisions of paragraph (g) and clause 1 of paragraph (i)
of Section 9.3.3 of the Preferred Industrial "MP" Zone on those lands zoned
"MP-7" by this By-law, the minimum flankage yard adjacent to the South
Service Road shall be 15 metres and a landscaped strip having a minimum width
of 7 metres shall be provided and maintained adjacent to every portion of the
lot which abuts the South Service Road except for points of ingress and egress.
By-law 4181-95
MP - 8
20 Teal Avenue, Schedule "A", Map No. 1
Notwithstanding the provisions of paragraphs (e), (i), (j) (k) and (l), on lands
zoned "MP-8" by this By-law, the minimum front yard, minimum
landscaping, outside storage and operations, minimum parking and minimum
loading requirements shall be as existing the day of the passing of this By-
law.
Any additions to an existing building or new buildings must comply with the
"MP" Zone Regulations of Section 9.3.3.
By-law 4181-95
MP - 9
240 South Service Road, Schedule "A", Map No. 1
Notwithstanding the provisions of paragraphs (g), (i), (k) and (l), on those lands
zoned "MP-9" by this By-law, the minimum flankage yard, minimum
landscaping, minimum parking and minimum loading requirements shall be
as existing the day of the passing of this By-law.
Any additions to an existing building or new buildings must comply with the
"MP" Zone Regulations of Section 9.3.3.
PART 9
INDUSTRIAL ZONES
IND-14
By-law 4181-95
MP - 10
268-274 South Service Road, Schedule "A", Map No. 1
Notwithstanding the provisions of paragraphs (f) and (i), on those lands zoned
"MP-10" by this By-law, the minimum side yard and minimum landscaping
shall be as existing the day of the passing of this By-law.
Any additions to an existing building or new buildings must comply with the
"MP" Zone Regulations of Section 9.3.3.
By-law 4181-95
MP - 11
240, 252, 256-274 South Service Road, Schedule "A", Map
No. 1
Notwithstanding the provisions of paragraphs (i), (k) and (l), on those lands
zoned "MP-11" by this By-law, the minimum landscaping, minimum parking
and minimum loading requirements shall be as existing the day of the passing
of this By -law."
Any additions to an existing building or new buildings must comply with the
"MP" Zone Regulations of Section 9.3.3.
By-law 04-295
MP - 12
144-190 South Service Road (Unit 168), Schedule "A", Map
No. 1
Notwithstanding the uses permitted in Section 9.3.2 of the Preferred Industrial
"MP" Zone, on those lands zoned "MP-12" by this By-law, a waste transfer
station, having an area no larger than 175 square metres, shall be permitted
for storage of non-hazardous waste.
PART 9
INDUSTRIAL ZONES
IND-15
SECTION 9.4
PRESTIGE INDUSTRIAL "MT" ZONE
9.4.1
Scope
No person shall within any Prestige Industrial " MT" Zone use any land or erect,
alter or use any building or structure except in accordance with the following
provisions:
9.4.2
Permitted Uses For Each Lot
(a)
Any assembling, manufacturing or processing use which is not
obnoxious as defined by this By-law, excluding industrial garages, motor
vehicle rentals and motor vehicle repair garages
(b) Business or Commercial Trade Schools
(c) Business or Professional Offices
(d) Custom Workshops
(e) Commercial Recreational Uses
(f) Laboratories
By-law 4334-96
(g)
Parking Lots
(h) Postal Stations
(i) Research Centres
(j) Sample Showrooms
(k)
Trade and Convention Centres (excluding flea markets)
(l)
Video, Film or Radio Sound Production Studios
(m) Warehouses
(n) Wholesale Uses
By-law 09-131
(o)
Waste Transfer Facility
By-law 09-131
(p)
Waste Processing Facility
(q) Uses, buildings or structures accessory thereto except residential uses
9.4.3
Zone Regulations
(a)
Minimum Lot Area
-
8,000 square metres
(b)
Minimum Lot Frontage
-
60 metres
(c)
Maximum Lot Coverage
-
50 percent
PART 9
INDUSTRIAL ZONES
IND-16
(d)
Minimum Front Yard
-
15 metres except adjacent to the
South Service Road where the
minimum front yard shall be 30
metres
(e)
Minimum Side Yard
-
4.5 metres
(f)
Minimum Flankage Yard
-
9 metres except adjacent to the
South Service Road where the
minimum flankage yard shall be 30
metres
(g)
Minimum Rear Yard
-
7 metres
(h)
Maximum Floor Area Ratio
-
100 percent
(i)
Minimum Landscaped Open Space
1.
A landscaped strip having a minimum width of 15 metres shall be
provided and thereafter maintained adjacent to every portion of
any lot line that abuts the South Service Road except for points of
ingress and egress.
2.
A landscaped strip having a minimum width of 7.5 metres shall be
provided and thereafter maintained adjacent to every portion of
any lot line that abuts any street other than the South Service Road
except for points of ingress and egress.
(j)
Outside Storage and Operations - No outside storage or operation areas
shall be permitted.
(k) Minimum Parking Requirements
1.
Parking spaces shall be provided in accordance with Section 4.10.
2.
For those uses not specified in Section 4.10, a minimum of one
parking space per 100 square metres of gross floor area shall be
required.
(l)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 9.1.6
PART 9
INDUSTRIAL ZONES
IND-17
9.4.4
Retail Sales
A maximum of 5 percent of the gross floor area of any use permitted under
Section 9.4.2(a) may be used for the display of or for the retail sale of
products manufactured, processed or assembled on the premises. In the case
of multiple unit buildings this 5 percent shall be apportioned among the
occupants based on their individual floor area.
9.4.5
Regulations for Parking Lots (By-law 4334-96)
Parking lots are permitted in accordance with Section 9.1.8.
9.4.6
Special Exemptions
MT - 1 395 Lewis Road, Schedule "A", Map No. 3
In addition to the uses permitted in Section 9.4.2 and Section 9.4.4 of the
Prestige Industrial "MT" Zone, those lands zoned "MT-1" by this By-law may
also be used for a retail sales and display of new furniture and household
items and those uses, buildings or structures accessory thereto provided that
the total gross retail floor area does not exceed 7,200 square metres.
By-law 4344-96 Notwithstanding the provisions of paragraph (f) of Section 9.4.3 of the Prestige
Industrial "MT" Zone, on those lands zoned "MT-1" by this By-law, the minimum
flankage yard adjacent to the South Service Road shall be 24 metres.
MT - 2
420 Glover Road and 918 South Service Road, Schedule "A",
Map No. 3
In addition to the uses permitted in Section 9.4.2 of the Prestige Industrial "MT"
Zone, those lands zoned "MT-2" by this By-law may also be used for a standard
restaurant within a building, which building has a minimum gross floor area of
2,000 square metres.
Notwithstanding the provisions of paragraph (i)2 of Section 9.4.3 of the Prestige
Industrial "MT" Zone, on those lands zoned "MT-2" by this By-law, a 1 metre
landscaped strip shall be provided adjacent to Glover Road.
PART 9
INDUSTRIAL ZONES
IND-18
By-law 3757-93
MT - 3
Part of Lot 7, Concession 1, 200 metres west of Lewis Road,
Fronting on the South Service Road, Schedule "A", Map No. 3
In addition to the uses permitted in Section 9.4.2 of the Prestige Industrial "MT"
Zone, on those lands zoned "MT-3" by this By-law, a maximum of 40 percent
of the gross floor area of the principal building may be used as a retail furniture
store.
By-law 3757-93 In addition to the provisions of paragraph (k) "Minimum Parking
Requirements", of Section 9.4.3 of the Prestige Industrial "MT" Zone, on
those lands zoned "MT-3" by this By-law, parking spaces for the retail furniture
store component shall be provided at a ratio of one space for each 28 square
metres of gross floor area.
Notwithstanding the provisions of clause 2 of paragraph (i) "Minimum
Landscaped Open Space", on those lands zoned "MT-3" by this By-law, a
landscaped strip having a minimum width of 12 metres shall be provided
adjacent to Constellation Drive, except for points of ingress and egress.
In addition to the provisions of Section 9.1.6 "Loading" of Section 9.1, "General
Provisions for Industrial Zones", on those lands zoned "MT-3" by this By-
law, loading spaces may be located in the yard adjacent to Constellation Drive
but in no case in any yard adjacent to the South Service Road."
By-law 3863-93
MT - 4
1200 South Service Road, Schedule "A", Map No. 3
In addition to the uses permitted in Section 9.4.2 of the Prestige Industrial "MT"
Zone, on those lands zoned "MT-4" by this By-law, an industrial garage
may be permitted.
In addition to the regulations of Section 9.4.3 of the Prestige Industrial "MT"
Zone, on those lands zoned "MT-4" by this By-law, fuel pumps may be
permitted in the front yard and the minimum side yard for any accessory
building shall be 3 metres.
PART 9
INDUSTRIAL ZONES
IND-19
By-law 4911-93
MT - 5
Southeast Corner of Lewis Road and the South Service
Road, Schedule "A", Map No. 3
In addition to the uses permitted in Subsection 9.4.2 of the Prestige Industrial
"MT" Zone, on those lands zoned "MT-5" by this By-law, a retail design
centre for home furnishings and home decorations and standard restaurants may
be permitted
Notwithstanding the provisions of paragraphs (c) and (j) of Subsection 9.4.3, on
those lands zoned "MT-5" by this By-law, the maximum lot coverage shall be
66 percent and outside storage shall not be permitted within 160 metres of the
south limit of the South Service Road.
By-law 5191-00
MT - 6
924-944 South Service Road, Schedule "A", Map No. 3
By-law 03-283
In addition to the uses permitted in Subsection 9.4.2, those lands zoned "MT-
6" by this By-law, may also be used for equipment rentals and service. In
addition to the regulations of paragraph (j) of Subsection 9.4.3, outside
storage of non-operative motorized construction equipment may be permitted in
the side yard and the rear yard only.
By-law 5217-00
MT - 7
South Side of the South Service Road, West of Lewis Road,
Schedule "A", Map No. 3
In addition to the uses permitted in Subsection 9.4.2 of the Prestige Industrial
"MT" Zone, on those lands zoned "MT-7" by this By-law, a retail design
centre for home furnishings and home decorations and a standard restaurant may
be permitted.
Notwithstanding the provisions of paragraph (e) of Subsection 9.4.3 of the
Prestige Industrial "MT" Zone, the minimum easterly side yard shall be 0.0.
metres.
PART 9
INDUSTRIAL ZONES
IND-20
By-law 05-381
MT - 8
404 McNeilly Road, Schedule "A", Map No. 3
In addition to the uses permitted in Subsection 9.4.2, Permitted Uses For Each
Lot of Section 9.4, Prestige Industrial "MT" Zone, on those lands zoned "MT-
8" by this By-law, a contractor's compound yard shall also be permitted.
Notwithstanding the provisions of paragraph (j) of Subsection 9.4.3, Zone
Regulations, of Section 9.4, Prestige Industrial "MT" Zone, outside storage shall
be permitted
By-law 06-050
MT - 9
880 South Service Road, Schedule "A", Map No. 2
In addition to the permitted uses in Subsection 9.4.2 of the Prestige Industrial
"MT" Zone, those lands zoned "MT-9" by this By-law may also be used for
an industrial garage.
Notwithstanding the provisions of Subsection 9.1.6 of Zoning By-law No.
3692-92, loading spaces are permitted in the area between the lot line abutting a
street and any wall of a building facing a street except for the South Service Road.
Notwithstanding the provisions of Paragraphs (d), (f), and (i) of Subsection
9.4.3 of the Prestige Industrial "MT" Zone, for those lands zoned "MT-9" by
this By-Law, the following shall apply:
(d) Minimum Front Yard - 27 metres
(f) Minimum Flankage Yard - 8 metres
(i) Minimum Landscaped Open Space - 8 metres along the South Service
Road lot line and 6 metres along all other lot lines except for points of
ingress and egress.
PART 9
INDUSTRIAL ZONES
IND-21
SECTION 9.5
GENERAL INDUSTRIAL "MG" ZONE
9.5.1
Scope
No person shall within any General Industrial "MG" Zone use any land or erect,
alter or use any building or structure except in accordance with the following
provisions:
9.5.2
Permitted Uses For Each Lot
(a)
Any assembling, manufacturing or processing
obnoxious as defined by this By-law
use which is not
By-law 4387-96
(b)
Adult Entertainment Parlours
(c)
Animal Hospitals or Shelters
(d)
Body Shops
(e)
Business or Commercial Trade Schools
(f)
Commercial Recreational Uses
(g)
Contractors Depots
(h)
Fuel Depots
(i)
Industrial Garages
(j)
Lumber Yards
(k)
Motor Vehicle Repair Garages
By-law 4334-96
(l)
(m)
Municipal Works Yards
Parking Lots
(n)
Research Establishments
(o)
Transport Terminals
(p)
Warehouses
(q)
Wholesale Uses
(r)
Video, film or radio sound production studios
By-law 09-131
(s)
(t)
Utilities
Waste Transfer Facility
By-law 09-131
(u)
Waste Processing Facility
(v)
Uses, buildings or structures accessory thereto except residential or
retail uses
PART 9
INDUSTRIAL ZONES
IND-22
9.5.3
Zone Regulations
(a)
Minimum Lot Area
-
4,000 square metres
(b) Minimum Lot Frontage
-
30 metres
(c)
Maximum Lot Coverage
-
50 percent
(d) Minimum Front Yard
-
9 metres
(e)
Minimum Side Yards
-
4.5 metres except 9 metres for a
flankage yard
(f)
Minimum Rear Yard
-
7 metres
(g) Minimum Landscaped Open Space - A landscaped strip, having a
minimum width of 7.5 metres, shall be provided and thereafter maintained
adjacent to every portion of any lot line which abuts a street except for
points of ingress and egress.
(h) Outside Storage and Operations - Outside storage and operation areas
solely accessory to a permitted use may be permitted in any yard other
than a required front yard provided that such storage and operation are
fully screened from streets or adjacent residential uses by means of fencing
and/or landscaping features.
(i)
Minimum Parking Requirements
1.
Parking spaces shall be provided in accordance with Section 4.10.
2.
For those uses not specified in Section 4.10, a minimum of one parking
space per 100 square metres of gross floor area shall be required.
(j)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 9.1.6.
9.5.4
Retail Sales
A maximum of 5 percent of the gross floor area of any permitted use under
the provisions of paragraph (a) of Section 9.5.2 may be used for the display of
or for the retail sale of products manufactured, processed or assembled on the
premises. In the case of multiple unit buildings this 5 percent shall be
apportioned among the occupants based upon their individual floor areas.
PART 9
INDUSTRIAL ZONES
IND-23
9.5.5
Regulations for Parking Lots (By-law 4334-96)
Parking lots are permitted in accordance with Section 9.1.8.
9.5.6
Regulations for Adult Entertainment Parlours (By-law 4387-96)
In addition to the Zone Regulations of Section 9.5.3, land may be used for an
Adult Entertainment Parlour only in accordance with the following provisions:
(a)
Notwithstanding Subsection 9.1.5, "Restrictions Adjacent to Residential
Zones", no Adult Entertainment Parlour shall be located within 200
metres of any Residential Zone, or Agricultural Zone, or any zone that
permits a child care centres (By-law 25-156), elementary school, community
college, park, place of worship; or within 550 metres of a zone which
permits a secondary school; or within 60 metres of a lot containing an
existing residential use located in an industrial zone.
(b)
No Adult Entertainment Parlour shall be located within 500 metres of
another Adult Entertainment Parlour;
(c)
Any land to be used for an Adult Entertainment Parlour shall be
serviced by municipal water and sanitary sewers before such use is
established;
(d)
No Adult Entertainment Parlour shall be located on land adjoining
Barton Street, Millen Road, Fruitland Road, Glover Road, Winona
Road, South Service Road or Lewis Road;
(e) Notwithstanding the provisions of Subsection 4.10.9, Schedule of
Minimum Parking Requirements, the parking requirements for an Adult
Entertainment Parlour shall be one parking space for each 13.3 square
metres of gross floor area of the Adult Entertainment Parlour, and where
goods are provided in an Adult Entertainment Parlour as defined in Section
1 of this By-law, one parking space shall be provided for each 28 square
metres of gross floor area of the Adult Entertainment Parlour.
PART 9
INDUSTRIAL ZONES
IND-24
9.5.7
Special Exemptions
MG - 1 400 and 426 Jones Road, Schedule "A", Map No. 2
In addition to the provisions of paragraph (h) of Section 9.5.3 of the General
Industrial "MG" Zone, on those lands zoned "MG-1" by this By-law, outdoor
storage shall not be located closer than 15 metres to any street.
MG - 2 364 McNeilly Road, Schedule "A", Map No. 3
In addition to the provisions of paragraph (h) of Section 9.5.3 of the General
Industrial "MG" Zone, on those lands zoned "MG-2" by this By-law, all outside
operations, outdoor display and outdoor storage is prohibited in any side yard
which abuts lands used for residential purposes.
MG - 3 358 Jones Road, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraph (h) of Section 9.5.3 of the General
Industrial "MG" Zone, on those lands zoned "MG-3" by this By-law, outdoor
storage may be permitted in a side or rear yard adjacent to a street but such
outside storage shall not be located closer than 7.5 metres to a street.
By-law 5136-00 MG - 4(H) Lands Located South of the Canadian National Railway
Line, North of Drainage Channel, West of McNeilly Road,
Lot 9, Concession 1, Schedule "A", Map No. 3
In addition to the provisions of Section 3.8 of this By-law, the (H) symbol
may be removed from those lands zoned "MG-4(H)" by this By-law at such
time as the following conditions are satisfied:
1.
Channelization is undertaken in addition to the replacement of
undersized culverts associated with the Canadian National Railway
tracks as may be required by the Hamilton Region Conservation Authority.
2. The details of any proposed drainage works are approved by the
Hamilton Region Conservation Authority.
3. Any alternatives to the existing drainage pattern affecting the Canadian
National Railway property have received the prior concurrence of the
Railway and has been substantiated by a drainage report satisfactory to
the Railway.
4.
All relevant servicing requirements including storm drainage, water,
PART 9
INDUSTRIAL ZONES
IND-25
sanitary sewers and road design have been approved by the Corporation.
5.
A subdivision agreement or modified development agreement has been
entered into by the owner with the Corporation.
By-law 5136-00 In addition to the uses permitted in Section 9.5.2, of the General Industrial
"MG" Zone, on those lands zoned "MG-4(H)" by this By-law, a golf driving
range may be permitted
MG - 5(H) 350, 354, 356 and 360 McNeilly Road, Schedule "A", Map
No. 3 (By-law Nos. 3724-93 and 02-069)
Notwithstanding the uses permitted in Section 9.5.2 of the General Industrial
"MG" Zone, those lands zoned "MG-5(H)" by this By-law may only be used for
any small scale assembling, manufacturing and processing uses which are not
obnoxious as defined by this By-law, equipment rental and servicing
establishments and machine shops, motor vehicle parts and accessories, printing
establishments, commercial-recreational uses, sample showrooms, service and
repair shops, warehouses, and uses, buildings or structures accessory thereto
except residential or retail uses.
Notwithstanding the provisions of paragraph (b) of Section 9.5.3 of the General
Industrial "MG" Zone, on those lands zoned "MG-5(H)" by this By-law,
the minimum lot frontage shall be 40 metres and the maximum height
shall be 9 metres. In addition to the provisions of paragraph (f) of Section 9.5.3
and of Section 9.1.3 of the General Industrial "MG" Zone, on those lands zoned
"MG-5(H)" by this By-law, the minimum rear yard abutting a railway right-
of-way shall be 30 metres.
MG - 6 395 Jones Road, Schedule "A", Map No. 2
In addition to the provisions of paragraph (g) of Section 9.5.3 of the General
Industrial "MG" Zone, on those lands zoned "MG-6" by this By-law, a
landscaping strip, having a minimum width of 20 metres shall be provided
adjacent to Jones Road except for points of ingress and egress.
PART 9
INDUSTRIAL ZONES
IND-26
By-law 3863-93
MG - 7
441-449 Seaman Street, Schedule "A", Map No. 1
Notwithstanding the provisions of paragraph (g) of Section 9.5.3 of the General
Industrial "MG" Zone, on those lands zoned "MG-7" by this By-law, the
minimum width of the landscaped strip adjacent to Seaman Street shall be
3 metres and adjacent to Belgraden Avenue shall be zero metres except for
points of ingress and egress.
By-law 01-136
MG - 8(H) 403 McNeilly Road, Schedule "A", Map No. 3
OMB Order #0122
Jan. 23, 2002
Notwithstanding the provisions of Section 3.8 "Holding Zones", the Holding
"H" provision applicable may be removed from those lands zoned "MG-8(H)"
once the owner has contributed their fair share to the urbanization of
McNeilly Road to the satisfaction of the General Manager of the Planning
and Development.
The "H" symbol shall be removed by amendment to the by-law and the
development of the lands zoned "MG-8(H) by this by-law may at such time
proceed in accordance with the General Industrial "MG" Zone regulations of
Zoning By-law No. 3692-92.
By-law 02-069
MG - 9(H) 1047 Barton Street, Schedule "A", Map No. 3
The holding provision will prohibit the development of those lands zoned "MG-
9(H)" by this by-law until the owner has determined the extent of the flood plain
to the satisfaction of the Hamilton Conservation Authority. City Council may
remove the "H" symbol, and thereby give effect to the General Industrial "MG-
9" Zone provisions, by enactment of an amending by-law once the condition
is fulfilled.
By-law 02-069
MG - 9
1047 Barton Street, Schedule "A", Map No. 3
Notwithstanding the provisions of Section 9.5.2 of the General Industrial "MG"
Zone, those lands zoned "MG-9" by this by-law may only be used for animal
hospitals or shelters, any assembling, manufacturing or processing use which is
not obnoxious, bakeries, banks or financial institutions, body shops, business
or commercial trade schools (excluding the use of outdoor heavy
PART 9
INDUSTRIAL ZONES
IND-27
equipment), commercial-recreational uses, contractors depots, equipment rental
and servicing establishments and machine shops, industrial garages, lumber
yards, motor vehicle parts and accessory sales, motor vehicle repair garages,
parking lots, printing establishments, research establishments (excluding
facilities that handle and/or process biohazardous or toxic materials), sample
showrooms, service and repair shops, video, film or radio sound production
studios, warehouses and storage establishments, wholesale uses, utilities,
accessory fuel storage and refueling, and uses, buildings or structures accessory
thereto except residential or retail uses.
Notwithstanding the provisions of paragraph (b) of Section 9.5.3 of the General
Industrial "MG" Zone, on those lands zoned "MG-9" by this By-law, the
minimum lot frontage shall be 40 metres and the maximum height shall be
9 metres.
In addition to the provisions of paragraph (f) of Section 9.5.3 and of Section
9.1.3, on those lands zoned "MG-9", the minimum yard abutting a railway right-
of-way shall be 30 metres.
In addition to the provisions of paragraph (d) of Section 9.1.5, on those lands
zoned "MG-9", a berm planted with trees shall be provided abutting all
residential uses in order to provide visual screening.
By-law 02-289
MG - 10(H)
Part Lot 7, Concession 1, Barton Street, Schedule "A",
Map No. 3
In addition to the uses permitted in Section 9.5.2 of the General Industrial "MG"
Zone, on those lands zoned "MG-10" by this By-law, the following uses
may also be permitted: bakeries, banks or financial establishments, equipment
rental and servicing establishments, machine shops, motor vehicle parts and
accessory sales, printing establishments, sample showrooms, service and repair
shops, and storage establishments.
The "H" symbol may be removed from those lands zoned "MG-10(H)" by this
By-law, only for the area outside of the floodplain, at such time as the owner
has determined the extent of the floodplain to the satisfaction of the Hamilton
Conservation Authority.
PART 9
INDUSTRIAL ZONES
IND-28
By-law 07-065
MG - 11
312-318 Arvin Avenue, Schedule "A", Map. No. 1
Notwithstanding the uses permitted in Section 9.5.2 of the General Industrial
"MG" Zone, on those lands zoned "MG-11" by this By-law, Business Offices
shall be permitted within the building existing on the date of the passing of
this By-law being the 28th day of February, 2007.
That Section 9.5.3(g) of the General Industrial "MG" Zone, shall not apply on
those lands zoned "MG-11".
Notwithstanding Section 4.10.5(b) of the General Provisions, on those lands
zoned "MG-11" by this By-law, the Indirect Access shall have a minimum width
of 3 metres for one-way vehicular circulation.
By-law 08-089
MG - 12
348 Fruitland Road, Schedule "A", Map. No. 2
Notwithstanding Subsections 9.5.2(t) and 9.5.4, Retail Sales of the General
Industrial "MG" Zone, on those lands zoned "MG-12" by this By-law, a
maximum of 10 percent of the gross floor area of a building used for a wholesale
use may be used for the display of or for the retail sale of products that are sold
only as an accessory use to the principal wholesale use.
By-law 11-094
(OMB)
MG-13(H)
1187, 1199, and 1211 Barton Street, Lands located north
of the proposed Arvin Avenue Extension, Schedule "A",
Map No. 3
In addition to the provisions of Section 3.8 of this By-law, the (H) Symbol
may be removed from those lands zoned "MG-13(H)" by this By-law at such
time as the size, shape and configuration of the stormwater management pond
has been determined to the satisfaction of the Director of Development
Engineering.
PART 9
INDUSTRIAL ZONES
IND-29
SECTION 9.6
SPECIAL PURPOSE INDUSTRIAL "MSP" ZONE
9.6.1
Scope
No person shall within any Special Purpose Industrial "MSP" Zone use any
land or erect, alter or use any building or structure except in accordance
with the following provisions:
9.6.2
Permitted Uses For Each Lot
(a)
Any assembling, manufacturing or processing use which is not
obnoxious as defined by this By-law, but excluding industrial garages.
(b)
Warehouses for the storage of goods and materials, and wholesale
uses
(c) Animal Hospitals within an enclosed building
(d) Antique Shops and Refinishing
(e) Art Shops
(f) Automobile Parts and Accessories Sales and Rentals
(g) Business or Commercial Trade Schools
(h) Business or Professional Offices
(i) Building Supply Outlets within an enclosed building
(j) Camera and Photographic Supply Shops
(k) Commercial and Private Clubs
(l) Commercial Laundries
(m) Commercial Recreational Uses
(n) Custom Workshops
(o) Hobby Shops
(p) Interior Decorating Centres
(q) Kitchen and Bathroom Centres
(r) Laboratories
By-law 4848-98
(s)
Motor Vehicle Dealerships
(t)
Motor Vehicle Rental Shops
(u)
Motor Vehicle Repair Garages
PART 9
INDUSTRIAL ZONES
IND-30
By-law 4334-96
(v)
(w)
Paint, Glass and Wallpaper Outlets
Parking Lots
(x)
Printing Establishments
(y)
Research Centres
(z)
Sample Showrooms
(aa)
Service and Repair Shops
(ab)
Swimming Pool Sales and Service
(ac)
Video, film or sound production studios
By-law 09-131
(ad)
Waste Transfer Facility
By-law 09-131
(ae)
Waste Processing Facility
(af)
Uses, buildings or structures accessory thereto except a residence
accessory to a permitted use
9.6.3
Zone Regulations
(a)
Minimum Lot Area
-
3,000 square metres
(b)
Minimum Lot Frontage
-
40 metres
(c)
Maximum Lot Coverage
-
50 percent
(d)
Minimum Front Yard
-
9 metres
(e)
Minimum Side Yards
-
3 metres except 9 metres for a
flankage yard
(f)
Minimum Rear Yard
-
7.5 metres
(g)
Maximum Building Height
-
9 metres
(h)
Minimum Landscaping Open Space - 5 percent of lot area a portion
which shall include the following where applicable:
1.
A landscaped strip having a minimum width of 7.5 metres shall be
provided and thereafter maintained adjacent to every portion of any
lot line which abuts a street except for points of ingress and egress.
2.
A landscaped strip having a minimum width of 5 metres shall be
provided and thereafter maintained adjacent to every portion of
any lot line which abuts a residential zone.
By-law 4848-98
(i)
Outside Storage - No outside operations, display or storage areas shall
be permitted on any lot, except display of motor vehicles on a motor
vehicle dealership lot is permitted.
PART 9
INDUSTRIAL ZONES
IND-31
(j) Maximum Numbers of Principal Buildings Per Lot - One
(k) Minimum Parking Requirements
1. Parking spaces shall be provided in accordance with Section 4.10.
2. For those uses not specified in Section 4.10, a minimum of one
parking space per 100 square metres of gross floor area shall be
required.
(l)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 9.1.6.
9.6.4
Retail Sales
A maximum of 10 percent of the gross floor area of any use permitted in
Section 9.6.2(a) may be used for the display of or for the retail sale of products
manufactured, processed or assembled on the premises. In the case of multiple
unit buildings this percent shall be apportioned among the occupants based on
their individual floor area.
9.6.5
Regulations for Parking Lots (By-law 4334-96)
Parking lots are permitted in accordance with Section 9.1.8.
9.6.6
Motor Vehicle Dealerships (By-law 4848-98)
Motor Vehicle Dealerships shall only be permitted west of Dewitt Road and
subject to the provisions of Subsection 8.1.6, "Motor Vehicle Dealerships" of
Zoning By-law No. 3692-92.
9.6.7
Special Exemptions
MSP - 1 263-265 Barton Street and 333 Green Road, Schedule
"A", Map No. 1
In addition to the uses permitted in Section 9.6.2 of the Special Purpose Industrial
"MSP" Zone, on those lands zoned "MSP-1" by this By-law, a maximum of 4,645
square metres of the gross floor area of the existing buildings may be used for:
commercial schools, financial institutions, laboratories, dance studios,
photography studios, recording studios, stationery and office supplies, sales, post
offices and postal stations, bakeries and dairies including a retail outlet for the sale
of such products produced on the same premises, service shops
PART 9
INDUSTRIAL ZONES
IND-32
including motorcycle, bicycle and small engine repair and sales or showrooms
and retail sales outlets for products produced or assembled on the same premises.
The retail or commercial floor area for those uses permitted by this exemption
shall not exceed 49 percent of the total floor area devoted to each individual use.
MSP - 2
281 Barton Street, Schedule "A", Map No. 1
In addition to the uses permitted in Section 9.6.2 of the Special Purpose
Industrial "MSP" Zone, those lands zoned "MSP-2" by this By-law may also be
used for a motor vehicle service station.
MSP - 3 371-383 Barton Street, Schedule "A", Map No. 1
In addition to the uses permitted in Section 9.6.2 of the Special Purpose
Industrial "MSP" Zone, those lands zoned "MSP-3" by this By-law may also be
used for a restaurant and tavern not exceeding a public floor area of 375 square
metres, however, entertainment, other than dinner music or entertainment
provided for wedding receptions or other similar group functions, is excluded.
MSP - 4 323 Millen Road, Schedule "A", Map No. 1
In addition to the uses permitted in Section 9.6.2 of the Special Purpose
Industrial "MSP" Zone, those lands zoned "MSP-4" by this By-law may also be
used for a take-out delicatessen having a maximum floor area of 78 square
metres provided it is accessory to a permitted industrial or wholesale use. For
the purpose of this exemption, a take-out delicatessen shall not include a
restaurant or lunch counter designed for food consumption on the premises
and shall exclude chairs and a luncheon counter, or tables and chairs designed
to accommodate customers consuming food on the premises.
MSP - 5 385-395 Barton Street, Schedule "A", Map No. 1
In addition to the uses permitted in Section 9.6.2 of the Special Purpose
Industrial "MSP" Zone, those lands zoned "MSP-5" by this By-law may also be
used for a bank, restaurant, fruit and vegetable produce market, and professional
or business offices.
PART 9
INDUSTRIAL ZONES
IND-33
By-law 3728-93
MSP - 6
467 Barton Street and 340 Leaside Avenue, Schedule
"A", Map No. 1
By-law 05-050 In addition to the uses permitted in Subsection 9.6.2 of the Special Purpose
Industrial "MSP" Zone, those lands zoned "MSP-6" by this By-law may also be
used for an adult education centre.
Notwithstanding the provisions of paragraphs (g), (j), and (k) of Subsection
9.6.3 of the Special Purpose Industrial "MSP" Zone, those lands zoned "MSP-
6" by this By-law, applicable to an adult education centre, may also have
more than one building on the property, a maximum building height of 17
metres, and a minimum of 775 parking spaces shall be provided for an adult
education centre with a maximum gross floor area of 25,000 square metres.
Parking shall be provided in accordance with Section 4.10 of Zoning By-law
No. 3692-92 for that portion of the gross floor area in excess of 25,000 square
metres.
MSP - 7 555 Barton Street, Schedule "A", Map No. 2
In addition to the uses permitted in Section 9.6.2 of the Special Purpose
Industrial "MSP" Zone, those lands zoned "MSP-7" by this By-law may also be
used for the sale of lumber and building supplies as an accessory use to a lumber
and building supplies warehouse and wholesale operation provided the gross
floor area of any retail outlet shall not exceed 35 percent of the total building
gross floor area.
MSP - 8 459, 461 Barton Street, Schedule "A", Map No. 1
In addition to the uses permitted in Section 9.6.2 of the Special Purpose
Industrial "MSP" Zone those lands zoned "MSP-8" by this By-law may also
be used for a grocery and variety store. Notwithstanding the provisions of
paragraphs (e) and (j) of Section 9.6.3 of the Special Purpose Industrial
"MSP" Zone on those lands zoned "MSP-8" by this By-law, the minimum
easterly side yard shall be 2.5 metres and two principal buildings may be
permitted per lot.
PART 9
INDUSTRIAL ZONES
IND-34
MSP - 9 301 Barton Street, Schedule "A", Map No. 1
Notwithstanding the provisions of Section 9.6.3 of the Special Purpose
Industrial "MSP" Zone, on those lands zoned "MSP-9" by this By-law, the
regulations pursuant to the Small Scale Institutional "IS" Zone shall apply to
any extension or enlargement of the existing public school.
MSP - 10 687 Barton Street, Schedule "A", Map No. 2
In addition to the provisions of Section 9.6.4 of the Special Purpose Industrial
"MSP" Zone, on those lands zoned "MSP-10" by this By-law, 1,120 square
metres of gross floor area may also be used for showrooms and retail outlets
accessory to any permitted use.
MSP - 11 589 and 593 Barton Street, Schedule "A", Map No. 2
By-law 02-087 and
By-law 03-283
In addition to the provisions of paragraph (h) of Section 9.6.3 of the Special
Purpose Industrial "MSP" Zone, those lands zoned "MSP-11" by this By-law
shall have a landscaped strip having a minimum width of 9 metres, adjacent
to Barton Street. In addition to the provisions of Section 9.6.4 of the Special
Purpose Industrial "MSP" Zone, on those lands zoned "MSP-11" by this
By-law, a maximum of 20 percent of the gross floor area may be used for
retail sales accessory to any permitted use.
MSP - 12 195 and 197 Barton Street, Schedule "A", Map No. 1
In addition to the uses permitted in Section 9.6.2 of the Special Purpose
Industrial "MSP" Zone, those lands zoned "MSP-12" by this By-law may also
be used for the retail sales of food products.
MSP - 13 237, 241 Barton Street, Schedule "A", Map No. 1
In addition to the provisions in Section 9.6.4 of the Special Purpose Industrial
"MSP" Zone, those lands zoned "MSP-13" by this By-law may also have a
maximum of 20 percent of the gross floor area devoted to retail sales in
conjunction with a permitted use. Notwithstanding the provisions of
paragraph (k) of Section 9.6.3 of the Special Purpose Industrial "MSP" Zone on
those lands zoned "MSP-13" by this By-law, a maximum of 20 parking
spaces may be permitted on these lands.
PART 9
INDUSTRIAL ZONES
IND-35
By-law 3863-93
MSP - 14
783-785 Barton Street, Schedule "A", Map No. 2
In addition to the uses permitted in Section 9.6.2 and notwithstanding
paragraphs (a) and (b) of Section 9.6.3 of the Special Purpose Industrial "MSP"
Zone, those lands zoned "MSP-14" by this By-law, a contractor's depot
may be permitted. The minimum lot frontage shall be 36 metres and the
minimum lot area shall be 2,000 square metres.
MSP - 15
Northeast corner of Fruitland Road and Barton Street,
Schedule "A", Map No. 2
In addition to the permitted uses of Section 9.6.2 of the Special Purpose
Industrial "MSP" Zone, those lands zoned "MSP-15" by this By-law may also
be used for a motor vehicle service station.
MSP - 16 209, 211, 247, 271, 435, 465, 503, 509, 515, 655 and 661
Barton Street, Schedule "A", Map Nos. 1 and 2
(Note: By-law 04-011 removed 521 Barton Street from the MSP-16
Zone and changed the zoning to the MSP-21 Zone.)
Notwithstanding the provisions of paragraphs (a) and (b) of Section 9.6.3 of the
Special Purpose Industrial "MSP" Zone, on those lands zoned "MSP-16" by this
By-law, the minimum lot frontage and minimum lot area shall be as existing at
the date of the passing of this By-law.
MSP - 17(H) 1183 Barton Street, Schedule "A", Map No. 3
Notwithstanding the provisions of paragraph (a) of Section 9.6.3 of the
Special Purpose Industrial "MSP" Zone, on those lands zoned "MSP-17(H)"
by this By-law, the minimum lot area shall be 2,800 square metres.
By-law 5136-00
MSP - 18
967, 977 Barton Street, Schedule "A", Map No. 3
In addition to the uses permitted in Section 9.6.2 of the Special Purpose
Industrial "MSP" Zone, on those lands zoned "MSP-18" by this By-law, a
golf driving range including a mini putt course may be permitted.
PART 9
INDUSTRIAL ZONES
IND-36
By-law 4345-96
MSP - 19
281 Barton Street, Schedule "A", Map No. 1
In addition to the uses permitted in Section 9.6.2 of the Special Purpose
Industrial "MSP" Zone, those lands zoned "MSP-19" by this By-law may also
be used for a Fast Food Restaurant and a Motor Vehicle Service Station.
Notwithstanding the provisions of paragraph (j) of Section 9.6.3 of the
Special Purpose Industrial "MSP" Zone, on those lands zoned "MSP-19" by this
By-law, an additional principal building may be erected on the lot.
By-law 4906-99
By-law 01-256*
MSP - 20 661 Barton Street, 665 Barton Street and adjacent lands
(within part of Lot 14, Concession 1) and *324 Fruitland
Road, Schedule "A", Map No. 2
Notwithstanding the provisions of paragraph (i) of Section 9.6.3, of the
Special Purpose Industrial "MSP" Zone, on those lands zoned "MSP-20" by this
By-law, outside storage may be permitted. Any outside storage is limited to the
finished product associated with a concrete precast business and shall have a
maximum height of 4.5 metres. In addition, outside storage must be screened
from the view of any street in accordance with Section 9.1.4 of this By-law.
By-law 04-011
MSP - 21
521 Barton Street, Schedule "A", Map No. 1
In addition to the uses permitted in Section 9.6.2 of the Special Purpose
Industrial "MSP" Zone, those lands zoned "MSP-21" by this By-law, may
also be used for a restaurant, bakery and banquet facilities.
Notwithstanding the provisions of Paragraphs (a), (b), (d) and (h)(1) of
Section 9.6.3 of the Special Purpose Industrial "MSP" Zone, for those lands
zoned "MSP-21" by this By-law, the following shall apply:
(a)
Minimum Lot Area
-
2,100 square metres
(b)
Minimum Lot Frontage
-
27 metres
(d)
Minimum Front Yard
-
6.4 metres
PART 9
INDUSTRIAL ZONES
IND-37
(h)(1) A landscape strip having a minimum width of 6.4 metres shall be
provided and maintained adjacent to Dewitt Road except for points of
egress and ingress.
All parking provided in conjunction with or accessory to any permitted use shall
be provided and maintained on lands zoned "MSP-21". In addition, an outdoor
patio restaurant shall be permitted in accordance with Section 8.1.7 and may
encroach to a maximum of 4.5 metres into the required landscape strip
adjacent to Dewitt Road.
PART 9
INDUSTRIAL ZONES
IND-38
SECTION 9.7
BUSINESS PARK INDUSTRIAL "MBP" ZONE
9.7.1
Scope
No person shall within any Business Park Industrial "MBP" Zone use any
land or erect, alter or use any building or structure except in accordance with
the following provisions:
9.7.2
Permitted Uses for Each Lot
(a)
Art Shops or Galleries
(b)
Banks or Financial Institutions
(c)
Business or Commercial Trade Schools
(d)
Business or Professional Offices
(e)
Commercial Recreational Uses
(f)
Gasoline Bars
(g)
Hobby Shops
(h)
Hotels including complimentary uses
(i)
Laboratories
(j)
Medical Clinics
By-law 4334-96
(k)
Parking Lots
(l)
Research Centres
(m)
Restaurants - Standard within an office building or hotel of 2,000
square metres or more
(n)
Sample Showrooms
(o)
Trade and Convention Centres
(p)
Video, film or radio sound production studios
(q)
Warehouses or storage except cold storage
By-law 09-131
(r)
(s)
Wholesale uses except cold storage
Waste Transfer Facility
By-law 09-131
(t)
Waste Processing Facility
(u)
Uses, buildings or structures accessory thereto, except a residence
accessory to a permitted uses.
PART 9
INDUSTRIAL ZONES
IND-39
9.7.3
Zone Regulations
(a)
Minimum Lot Area
-
10,000 square metres
(b)
Minimum Lot Frontage
-
60 metres
(c)
Maximum Lot Coverage
-
50 percent
(d)
Minimum Front Yard
-
20 metres
(e)
Minimum Side Yard
-
4.5 metres except 15 metres for a
flankage yard
(f)
Minimum Rear Yard
-
7 metres
(g) Minimum Landscaped Open Space
1.
A landscaped strip having a minimum width of 7.5 metres shall be
provided and thereafter maintained adjacent to any street except
for points of ingress and egress.
2.
A landscaped strip having a minimum width of 1.5 metres shall be
provided and thereafter maintained adjacent to every portion of
any zone other than an Business Park Industrial "MBP" Zone.
(h) Minimum Parking Requirements
1.
Parking spaces shall be provided in accordance with Section 4.10.
2.
For those uses not specified in Section 4.10, a minimum of one
parking space per 100 square metres of gross floor area shall be
required.
(i)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 9.1.6.
9.7.4
Retail Sales
A maximum of 1,500 square metres of the gross floor area of a hotel
permitted under Section 9.7.2(h) may be used for accessory commercial uses
in addition to banquet and convention facilities.
9.7.5
Regulations for Parking Lots (By-law 4334-96)
Parking lots are permitted in accordance with Section 9.1.8.
PART 9
INDUSTRIAL ZONES
IND-40
9.7.6
Special Exemptions
MBP - 1 Lands located on the Northeast Corner of Fruitland
Road and the Canadian National Railway Line, Schedule
"A", Map No. 2
Notwithstanding the uses permitted in Section 9.7.2 of the Business Park
Industrial "MBP" Zone, those lands zoned "MBP-1" by this By-law may only
be used for a motor vehicle dealership in accordance with the provisions of
Section 8.1.6, a motor vehicle repair garage and a motor vehicle service
station in accordance with the provisions of Section 8.1.5.
MBP -2(H) Lands located on the Southeast Corner of Fruitland
Road and the Queen Elizabeth Way, Schedule "A", Map
No. 2
Notwithstanding the uses permitted in Section 9.7.2 of the Business Park
Industrial "MBP" Zone, those lands zoned "MBP-2(H)" by this By-law shall be
used only for uses existing on the date of the passing of this By-law until such
time as an environmental report which indicates that it is environmentally
sound to develop any of the permitted uses on the site has been approved by the
Corporation.
PART 9
INDUSTRIAL ZONES
IND-41
SECTION 9.8
EXTRACTIVE INDUSTRIAL "ME" ZONE
9.8.1
Scope
No person shall within any Extractive Industrial "ME" Zone use any land or
erect, alter or use any building or structure except in accordance with the
following provisions:
9.8.2
Permitted Uses For Each Lot
(a)
(b)
(c)
(d)
Accessory dwelling associated with a licensed pit or quarry
Agricultural Uses
Business Offices accessory to a permitted use
Forestry Uses
By-law 4334-96
(e)
Parking Lots
(f)
Pits and Quarries but not including waste disposal operations
(g)
Processing of natural materials including screening, sorting, washing,
crushing, storing and other similar operations related to an extractive
industrial operation
(h)
Retail and wholesale facilities accessory to an extractive industrial
operation
9.8.3
Zone Regulations
(a)
Minimum Lot Area
-
5 hectares
(b)
Minimum Lot Frontage
-
50 metres
(c)
Minimum Building Setbacks
1.
30 metres from any lot line.
2.
90 metres from any lot used for residential purposes.
3.
30 metres from any lot line abutting a street.
4.
28.5 metres from the centre line of a Regional Road.
5.
64 metres from the centre line of a Provincial Highway.
(d)
Minimum Yard Requirements - No pit, quarry or excavation shall be
made or established within
1.
15 metres of any lot line.
PART 9
INDUSTRIAL ZONES
IND-42
2.
30 metres of any lot used for residential purposes.
3.
30 metres of any lot line abutting a street.
4.
20 metres of the centre line of a Regional Road.
5.
64 metres of the centre line of a Provincial Highway.
(e)
Outside Storage - Outside storage of materials other than overburden
shall not be permitted within 30 metres of any lot line or within 90 metres
of any dwelling.
(f)
Fencing of Excavations - An open excavation shall be fully encircled
by a continuous fence or other barrier not less than 2.5 metres in
height.
9.8.4
Regulations for Parking Lots (By-law 4334-96)
Parking lots are permitted in accordance with Section 9.1.8.
9.8.5
Special Exemptions
ME - 1 297 Upper Centennial Parkway, Schedule "A", Map No. 11
In addition to the uses permitted in Section 9.8.2 of the Extractive Industrial
"ME" Zone, those lands zoned "ME-1" by this By-law may also be used for
operations associated with the disposal of solid non-hazardous waste from
industrial, commercial and institutional sources as approved in a provisional
certificate of approval issued by the Ministry of Environment and Energy
pursuant to the Environmental Protection Act, R.S.O. 1990, c.E.19.
PART 9
INDUSTRIAL ZONES
IND-43
SECTION 9.9
RURAL INDUSTRIAL "MR" ZONE
9.9.1
Scope
No person shall within any Rural Industrial "MR" Zone use any land or erect,
alter or use any building or structure except in accordance with the following
provisions:
9.9.2
Permitted Uses For Each Lot
(a) Agricultural Uses, save and except, buildings or structures for human
habitation
(b)
Agricultural Research
(c)
Animal Hospitals or Shelters and accessory dwelling units
(d)
Farm Implement Sales and Service
(e)
Industrial Uses pertaining to the manufacturing, processing,
wholesaling, warehousing or storage of agricultural products or farm
supplies provided that such uses are not obnoxious by reason of the
emission of odour, dust, smoke, gas, fumes, noise, cinders, vibration,
refuse matter or water-carried waste, and uses accessory thereto save and
except those for human habitation
By-law 4334-96
(f)
Parking Lots
9.9.3
Zone Regulations
(a)
Minimum Lot Area
-
1 hectare
(b)
Minimum Lot Frontage
-
60 metres
(c)
Maximum Lot Coverage
-
50 percent
(d)
Minimum Front Yard
-
15 metres
(e)
Minimum Side Yard
-
4.5 metres except 9 metres for a
flankage yard
(f)
Minimum Rear Yard
-
7 metres
(g)
Minimum Landscaped Open Space - 5 percent of lot area a portion of
which shall include the following where applicable:
1. A landscaped strip having a minimum width of 6 metres shall be
provided and thereafter maintained adjacent to every portion of
PART 9
INDUSTRIAL ZONES
IND-44
every lot line which abuts a street except for points of ingress and
egress.
2.
A landscaped strip having a minimum width of 1.5 metres shall
be provided and thereafter maintained adjacent to every portion
of any lot that abuts another lot.
(h) Minimum Parking Requirements
1.
Parking spaces shall be provided in accordance with Section 4.10.
2. For those uses not specified in Section 4.10, a minimum of one
parking space per 100 square metres of gross floor area shall be
required.
(i)
Minimum Loading Requirements - Loading facilities must be provided
in accordance with Section 9.1.6.
9.9.4
Regulations for Parking Lots (By-law 4334-96)
Parking lots are permitted in accordance with Section 9.1.8.
9.9.5
Special Exemptions
MR - 1
88, 92 Highland Road and First Road East, Schedule "A",
Map No. 17
Notwithstanding the uses permitted in Section 9.9.2 of the Rural Industrial
"MR" Zone, those lands zoned "MR-1" by this By-law shall only be used as
an abattoir, a meat packing operation and buildings or structures accessory
thereto including an accessory retail outlet, warehousing and wholesaling. In
addition to the provisions of Section 9.9.3 of the Rural Industrial "MR" Zone
on those lands zoned "MR-1" by this By-law, any new buildings or additions
shall be a minimum of 48 metres from any existing dwelling.
MR - 2 432 Highland Road, Schedule "A", Map No. 17
Notwithstanding the uses permitted in Section 9.9.2 and the provisions of
Section 9.9.3 of the Rural Industrial "MR" Zone, on those lands zoned
"MR-2", the following special provisions shall apply to these lands:
1. Permitted Uses For Each Lot
(a) Agricultural Uses.
PART 9
INDUSTRIAL ZONES
IND-45
(b) An abattoir and meat packing operation including an accessory
retail outlet.
(c) Uses, buildings or structures accessory to any permitted use except
any residential use.
2. Yard Requirements
(a) The minimum yard from Highland Road shall be as per the existing
building but in no case less than 10 metres. The maximum yard
from Highland Road shall be 115 metres
(b) The minimum yard from Tapleytown Road shall be 85 metres. The
maximum yard from Tapleytown Road shall be 200 metres.
3. No person shall use any land, or erect, alter or use any building or
structure for any permitted use unless such land, building or structure is
located within the building envelope as established by paragraph (b)
above.
4.
The maximum coverage permitted within the above-established building
envelope shall not exceed 30 percent. No accessory buildings shall
cover more than 5 percent of the entire building envelope provided that the
coverage of all buildings within the building envelope does not exceed
30 percent.
5. Maximum Height - 7.5 metres
6.
Maximum Commercial Floor Space - An accessory retail outlet may be
permitted for the sale of goods produced on the premises and other
accessory products provided that such commercial floor space is located
on the ground floor within the principal building and does not exceed 20
percent of the total gross ground floor area of such principal building.
7.
Minimum Parking Requirements:
(a) One parking space shall be provided and thereafter maintained for
every 28 square metres or portion thereof of commercial gross
floor area and one parking space for every 100 square metres or
portion thereof of gross floor area devoted to the rural industrial
use;
PART 9
INDUSTRIAL ZONES
IND-46
(b) No parking space shall be located closer than 10 metres to
Highland Road or closer than 30 metres to Tapleytown Road.
8.
Open air operations, outdoor storage and outdoor display of goods or
materials other than operative motor vehicles, trucks or operative
agricultural equipment are prohibited.
By-law 4397-96,
MR - 3
126 to 138 Upper Centennial Parkway, Schedule "A",
By-law 02-126 and
Map No. 17
By-law 03-283
In addition to the uses permitted in Section 9.9.2 of the Rural Industrial
"MR" Zone, on those lands zoned "MR-3" by this By-law, public storage
warehouses and the storage of a maximum of 10 rental trucks and 5 rental
trailers shall also be permitted. No parking space located adjacent to
Highland Road shall be permitted to be used for the parking of rental trucks
or rental trailers.
MR - 4
944 Highway No. 8, Schedule "A", Map No. 8
By-law 5068-00 Notwithstanding the uses permitted in Section 9.9.2 of the Rural Industrial
"MR" Zone, lands zoned "MR-4" by this By-law may only be used for
agricultural uses, agricultural research and the processing, wholesaling,
warehousing, storage of agricultural and food products and uses, buildings
and structures accessory thereto.
By-law 05-243
MR - 5(H) Part of Lot 24, Concession 7, Highland Road East, Schedule
"A", Map No. 17
Notwithstanding the provisions of paragraph (b) of Section 9.9.3 of the Rural
Industrial "MR" Zone, on those lands zoned "MR-5(H)" by this By-law, the
minimum lot frontage shall be 42 metres.
Notwithstanding the provisions of Section 9.1.4 of Section 9.1, General
Provisions for Industrial Zones, on those lands zoned "MR-5(H)" by this By-
law, outside storage, and vehicle parking or storage, shall not exceed a height
of 2.5 metres within 15 metres of any lot line that abuts a street, measured from
the average grade along such lot lines.
The (H) symbol may be removed at such time as:
(i)
The owner submits a signed Record of Site Condition (RSC) to the City
of Hamilton and the Ministry of the Environment (MOE), to the
PART 9
INDUSTRIAL ZONES
IND-47
satisfaction of the City's Director of Development and Real Estate,
including an acknowledgement of receipt of the RSC by the MOE; and,
(ii)
The owner submits and receives site plan approval including a
landscape plan, with securities deposited for the works to be completed,
all to the satisfaction of the Manager of Development Planning.
All other provisions of the Rural Industrial "MR-5" Zone shall apply.
By-law 18-309
MR - 6(H) 19 Highland Road East, Schedule "A", Map No. 17
In addition to the uses permitted in Section 9.9.2 of the Rural Industrial "MR"
Zone, public storage warehouse shall be permitted. No parking space located
adjacent to Highland Road shall be permitted to be used for the parking of
rental trucks or rental trailers.
Notwithstanding Section 9.1.5(a), a minimum setback of 4.5m shall be
required.
Notwithstanding Section 9.1.5(d), a landscape strip having a minimum width
of 4.4m shall be required.
Notwithstanding Section 9.9.3(a), a minimum lot area of 0.8 hectares shall be
permitted.
Notwithstanding Section 9.9.3(b), a minimum frontage of 42 metres shall be
required.
Notwithstanding Section 9.9.3 (h), a minimum of 20 parking spaces shall be
required.
Notwithstanding the provisions of Section 3.8 "Holding Zones", on those
lands zoned "MR-6(H)" by this By-law, the Holding Symbol may be removed
and thereby give effect to the "MR-6" Zone provisions in Section two above,
upon completion of the following:
That the owner completes the following:
i. That the applicant confirm that the property can be adequately serviced.
ii. That the applicant design the required servicing extension and enter into and
execute an external servicing agreement and/or special servicing agreement.
iii. That applicant acknowledge that the servicing be considered temporary
until the ultimate servicing network is designed with any future boundary
PART 9
INDUSTRIAL ZONES
IND-48
expansion to the east of upper Centennial.
iv. That the applicant or successor be responsible for any future permanent
servicing cost associated with the ultimate servicing network.
All to the satisfaction of the Senior Director of Growth Management.
INST-1
PART 10
INSTITUTIONAL ZONES
SECTION 10.1 GENERAL PROVISIONS FOR INSTITUTIONAL ZONES
10.1.1
Scope
In any Institutional Zone, no person shall use any land or erect, alter or use any
building or structure, except in accordance with the following provisions
which, in addition to other requirements of this By-law, shall apply to all
Institutional Zones.
10.1.2
Institutional Zones
For the purpose of this By-law, the following Institutional Zones are
established within the Defined Area and such zones may be referred to by the
following symbols:
Zone
Symbol
Small Scale Institutional
IS
Major Institutional
I
PART 10
INSTITUTIONAL ZONES
INST-2
SECTION 10.2 SMALL SCALE INSTITUTIONAL "IS" ZONE
10.2.1
Scope
No person shall within any Small Scale Institutional "IS" Zone use any land or
erect, alter or use any building or structure, except in accordance with the
following provisions:
10.2.2
Permitted Uses For Each Lot
(a) Cemeteries
(b) Churches
(c) Child Care Centres
(By-law 25-156)
(d) Community
Centres
(e) Elementary Schools
(f) Group Homes
(g) Hospices
(h) Libraries
(i) Museums
(j) Places of Worship
(k) Police Stations (By-law 4032-94)
(l) Residential Care Facilities
(m) Post Offices
(n) Accessory dwelling units to a permitted use
(o)
Uses, buildings or structures accessory to a permitted use but
specifically excluding any commercial or retail uses
10.2.3
Zone Regulations
(a)
Minimum Lot Area
-
none
(b)
Minimum Lot Frontage
-
23 metres
(c)
Maximum Lot Coverage
-
35 percent
(d)
Minimum Front Yard
-
7.5 metres
PART 10
INSTITUTIONAL ZONES
INST-3
(e)
Minimum Side Yard
-
4.5 metres except 6 metres
for a flankage yard
(f)
Minimum Rear Yard
-
7.5 metres
(g)
Maximum Building Height
-
12 metres
(h)
Minimum Landscaped Open Space -
10 percent
(i)
Outside Storage
-
No outside storage areas will
be permitted
(j)
Minimum Loading Requirements
-
Loading facilities shall be
provided in accordance with
Section 4.9
10.2.4
Regulations For Parking
(a) Parking spaces shall be provided in accordance with Section 4.10.
(b)
For those uses not specified in Section 4.10, a minimum of one parking
space per 28 square metres of gross floor area shall be required.
(c)
Parking shall be allowed in any required yard provided that no parking
area is located within 7.5 metres of the any lot line.
10.2.5
Special Exemptions
IS - 1 217 Glover Road, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraph (a) of Section 10.2.4 of the Small
Scale Institutional "IS" Zone, on those lands zoned "IS-1" by this By-law, the
minimum parking requirement for a place of worship shall be 1 parking space
for each 4 seats of designed capacity.
By-law 4939-99
IS - 2
605, 613, 617, 621 Highway No. 8, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraph (a) of Section 10.2.4 of the Small
Scale Institutional "IS" Zone, on those lands zoned "IS-2" by this By-law, the
minimum parking requirement for a place of worship shall be 1 parking space
for each 4 seats of designed capacity.
PART 10
INSTITUTIONAL ZONES
INST-4
IS - 3
651 Highway No. 8 and 180 Fruitland Road, Schedule "A",
Map No. 7
Notwithstanding the provisions of paragraphs (d), (e), (f) and (h) of the Small
Scale Institutional "IS" Zone, on those lands zoned "IS-3" by this By-law, the
minimum distance from the easterly lot line shall be 1.5 metres; the minimum
distance from the northerly lot line shall be 1 metre; the minimum distance
from the lot line abutting a street shall be 1 metre and a landscaping strip
having a minimum width of 1 metre shall be provided along the northerly lot
line.
IS - 4 11 Lake Avenue Drive, Schedule "A", Map No. 5
In addition to the uses permitted in Section 10.2.2 of the Small Scale Institutional
"IS" Zone, those lands zoned "IS-4" by this By-law may also be used for a
residential care facility for a maximum of 10 residents. Notwithstanding the
provisions of paragraphs (b), (e) and (h) of Section 10.2.4 of the Small Scale
Institutional "IS" Zone, on those lands zoned "IS-4" by this By-law, the minimum
lot frontage shall be as existing at the date of the passing of this By-law; the
minimum side yard shall be 1.25 metres; the minimum parking requirement is
1 space and the minimum landscaping requirement shall be as existing at the
date of the passing of this By-law.
IS - 5 719 Highway No. 8, Schedule "A", Map No. 7
Notwithstanding the provisions of paragraphs (d) and (h) of Section 10.2.3 of the
Small Scale Institutional "IS" Zone, on those lands zoned "IS-5" by this By-
law, the minimum front yard shall be 25 metres and a landscaped strip having a
minimum width of 15 metres shall be provided adjacent to Highway No. 8 except
for the necessary points of ingress and egress.
IS - 6 936 Highway No. 8, Schedule "A", Map No. 8
Notwithstanding the uses permitted in Section 10.2.2 of the Small Scale
Institutional "IS" Zone, those lands zoned "IS-6" by this By-law may only be
used for churches, child care centres (By-law 25-156), elementary schools, places
of worship, accessory dwelling units and uses, buildings, and structures
PART 10
INSTITUTIONAL ZONES
INST-5
accessory thereto.
By-law 3907-93
IS - 7
53 Lakeview Drive, Schedule "A", Map No. 2
Notwithstanding the uses permitted by Section 10.2.2 of the Small Scale
Institutional "IS" Zone, those lands zoned "IS-7" by this By-law only a child care
centres (By-law 25-156), group home, hospice, residential care facility, a single
detached dwelling and uses, buildings or structures accessory to a permitted use
but excluding any commercial or retail uses may be permitted.
By-law 4939-99
IS-8
613 Highway No. 8, Schedule "A", Map No. 7
In addition to the uses permitted in Section 10.2.2 of the Small Scale Institutional
"IS" Zone, those lands zone "IS-8" by this By-law may also be used for a
Dance Studio. Any basement and/or cellar may be used only for accessory
offices and accessory uses to a dance studio.
Notwithstanding the provisions of paragraph (f) of Section 10.2.3, "Zone
Regulations", the minimum rear yard shall be 1.5 metres.
Notwithstanding the provisions of paragraph (c) of Section 10.2.4
"Regulations for Parking", parking areas may be located .3 metres from the
westerly and easterly lot lines and 2 metres from the front lot line.
Notwithstanding the provisions of Section 4.10.9, "Schedule of Minimum
Parking Requirements", parking shall be provided at a ratio of 1 parking space
per 23 square metres of gross floor area devoted to a dance studio use. The
provision of parking for accessory offices and accessory uses is not required.
The provisions of Small Scale Institutional "IS-2" Zone also apply to the lands
zoned "IS-8" by this By-law.
PART 10
INSTITUTIONAL ZONES
INST-6
SECTION 10.3 MAJOR INSTITUTIONAL "I" ZONE
10.3.1
Scope
No person shall within any Major Institutional "I" Zone use any land or erect,
alter or use any building or structure, except in accordance with the following
provisions:
10.3.2
Permitted Uses For Each Lot
(a) Auditoriums
(b) Cemeteries
(c) Child Care Centres (By-law 25-156)
(d) Community Colleges
and Universities
(e) Community
Centres
(f) Elementary Schools
(g) Group Homes
(h) Homes for the Aged
(i) Hospices
(j) Hospitals
(k) Hostels
(l) Libraries
(m) Municipal Offices
(n) Museums
(o) Nursing Homes
(p) Places of Worship and Accessory Dwelling Unit
(q) Police Stations (By-law 4032-94)
(r) Public Utilities
(s) Provincial or Municipal Works Yard
(t) Religious Institutions
(u) Residential Care Facilities
(v) Secondary Schools
(w) Type "B" Boarding House
(x) Uses, buildings or structures accessory to a permitted use
PART 10
INSTITUTIONAL ZONES
INST-7
10.3.3
Zone Regulations
(a)
Minimum Lot Area
-
1.5 hectares for schools
-
4 hectares for cemeteries
-
2,000 square metres for all other uses
(b)
Minimum Lot Frontage
-
90 metres for schools
-
90 metres for cemeteries
-
30 metres for all other uses
(c)
Maximum Lot Coverage
-
50 percent
(d)
Minimum Front Yard
-
10 metres
(e)
Minimum Side Yard
Schools
-
7.5 metres
Other Uses
-
1/2 the height of the building or 4.5
metres whichever is greater
(f)
Minimum Flankage Yard
-
9 metres
(g)
Minimum Rear Yard
Schools
-
7.5 metres
Other Uses
-
1/2 the height of the building or 7.5
metres, whichever is greater
(h)
Maximum Building Height -
19 metres
(i)
Minimum Landscaped Open Space - A landscaping strip having a
minimum width of 6 metres shall be provided and thereafter maintained
adjacent to every portion of any lot line that abuts any street except for
points of egress and ingress and 4.5 metres adjacent to every portion of
any lot line that abuts any residential zone.
(j)
Outside Storage - Outside storage shall be permitted in the rear yard.
(k)
Minimum Loading Requirements - Loading facilities shall be provided
in accordance with Section 4.9.
10.3.4
Regulations For Parking
(a)
Parking spaces shall be provided in accordance with Section 4.10.
PART 10
INSTITUTIONAL ZONES
INST-8
(b)
For those uses not specified in Section 4.10, a minimum of one parking
space per 28 square metres of gross floor area shall be required.
(c)
Parking shall be permitted in any required front yard provided that no
parking is located within 7.5 metres of the lot line.
10.3.5
Special Exemptions
I - 1 337 Highway No. 8, Schedule "A", Map No. 6
Notwithstanding the provisions of paragraph (d) of Section 10.3.3 and paragraph
(c) of Section 10.3.4 of the Major Institutional "I" Zone, on those lands zoned
"I-1" by this By-law, the minimum front yard shall be 13 metres and no parking
space shall be located less than 1.5 metres from any lot line or less than 4.5
metres from any lot line abutting a street or less than 2.4 metres from any
daylight triangle or less than 3 metres from the boundary of any residential zone
By-law 3843-93
I - 2
880 Highway No. 8 and 199 Glover Road, Schedule "A", Map
No. 7
In addition to the uses permitted in Section 10.3.2 of the Major Institutional
"I" Zone, those lands zoned "I-2" by this By-law may also be used for a
maximum of 8 one-storey townhouse dwellings in conjunction with a nursing
home and/or retirement home on the same lot.
Notwithstanding the provisions of paragraph (d) of Section 10.3.3 and Section
10.3.4 of the Major Institutional "I" Zone, on those lands zoned "I-2" by this
By-law, the following provisions shall apply; the minimum front yard shall be
11 metres, but 6 metres from the daylight triangle. The minimum parking
requirement shall be 31 parking spaces; any parking space, other than the parking
space intended for motor vehicles operated by physically challenged persons,
shall be located a minimum distance of 2.7 metres from Glover Road. Any
parking space intended for motor vehicles operated by physically challenged
persons may abut Glover Road. Any parking space shall be located a minimum
of 0.5 metres from the west property line.
OS-1
PART 11
OPEN SPACE ZONES
SECTION 11.1 GENERAL PROVISIONS FOR OPEN SPACE ZONES
11.1.1
Scope
In any Open Space Zone, no person shall use any land or erect, alter or use
any building or structure, except in accordance with the following provisions
which, in addition to other requirements of this By-law, shall apply to all
Open Space Zones.
11.1.2
Open Space Zones
For the purpose of this By-law, the following Open Space Zones are established
within the Defined Area and such zones may be referred to by the following
symbols:
Zone
Symbol
Open Space
OS
Intensive Recreation
IR
Park
P
PART 11
OPEN SPACE ZONES
OS-2
SECTION 11.2 OPEN SPACE "OS" ZONE
11.2.1
Scope
No person shall within any Open Space "OS" Zone use any land or erect, alter
or use any building or structure, except in accordance with the following
provisions:
11.2.2
Permitted Uses For Each Lot
(a) Botanical Gardens
(b) Cemeteries
(c) Conservation Uses
(d) Fishing Preserves
(e) Golf Courses including Driving Ranges
(f) Hazard Lands
(g) Nature Trails
(h) Public or Private Parks
(i) Public Greenhouses
(j) Wildlife Management Areas
(k) Woodlots
(l) Uses, buildings or structures accessory to a permitted use
11.2.3
Zone Regulations
(a)
Minimum Lot Area
-
none
(b)
Minimum Lot Frontage
-
none
(c)
Maximum Lot Coverage
-
20 percent
(d)
Minimum Front Yard
-
15 metres
(e)
Minimum Side Yard
-
15 metres
(f)
Minimum Rear Yard
-
15 metres
(g)
Minimum Landscaping
-
75 percent of lot area
(h)
Outside Storage
-
No outside storage shall be
permitted
PART 11
OPEN SPACE ZONES
OS-3
(i)
Minimum Parking Requirements - Parking spaces shall be
provided in accordance with
Section 4.10
11.2.4
Regulations For Parking
No parking space or part thereof shall be located and no land shall be used for
the parking or storage of vehicles within 7.5 metres of any lot line.
11.2.5
Special Exemptions
OS - 1 Lands Within Registered Plan Nos. 62M-373, 62M-591 and
62M-463, Schedule "A", Map Nos. 6 and 7
Notwithstanding the provisions of Section 11.2.2 of the Open Space "OS" Zone,
on those lands zoned "OS-1" of this By-law, the following provisions shall
apply; No development except a fence and no building or structure, or accessory
building, or structure, including a swimming pool, shall be constructed. For the
purpose of this exemption, "development" means any action that alters the
inherent physical characteristics of the land in question, including the placement
of any fill or action that disturbs in any way the soil, trees or other vegetation
of such lands, but the provisions of this section are not to be construed as
preventing the carrying out of public works on behalf of the Corporation,
Regional or Provincial governments, the Hamilton Region Conservation
Authority or the Niagara Escarpment Commission within the limits of the
provisions of their respective Provincial Acts and the regulations adopted
pursuant thereto.
OS - 2 Newport Marina being Part of Block 2, Registered Plan
62M-649, Schedule "A", Map No. 2
Notwithstanding the uses permitted in Section 11.2.2 of the Open Space "OS"
Zone, those lands zoned "OS-2" by this By-law shall only be used for a
private marina, excluding the dispensing of fuels and boat repairs.
PART 11
OPEN SPACE ZONES
OS-4
OS - 3 Niagara Escarpment Slope, Lots 1 to 33 (inclusive), Concessions
2 to 6 (inclusive), Schedule "A", Map Nos. 5 to 14 (inclusive)
Notwithstanding the provisions of Section 11.2.2 of the Open Space "OS"
Zone, those lands zoned "OS-3" by this By-law shall only be used for uses
existing at the date of the passing of this By-law, natural forests, wildlife
conservation areas, hiking trails, nature viewing areas, passive public parks,
archaeological uses, watershed management uses, flood and erosions control
uses, transportation and utility uses and uses accessory and incidental thereto.
OS - 4 Vinemount Swamp, Lots 9 to 15 (Inclusive), Concession 4 and 5,
Schedule "A", Map No. 13
Notwithstanding the provisions of Section 11.2.2 of the Open Space "OS" Zone,
those lands zoned "OS-4" by this By-law shall only be used for uses existing at the
date of the passing of this By-law, conservation uses, hazard lands, wildlife
management areas, woodlots and uses accessory and incidental thereto.
By-law 4385-96
OS - 5
681 Mud Street East, (Our Lady of Angels Catholic Cemetery),
Schedule "A", Map No. 18
Notwithstanding the provisions of Section 11.2.2 and paragraph (h) of Section
11.2.3 of the Open Space "OS" Zone, those lands Zoned 'OS-5' by this By-law
shall only be used for a Cemetery, Mausoleum, Chapel, uses buildings or structures
accessory to a permitted use, and outside storage shall be permitted.
In addition to the provisions of Section 11.2.3 of the Open Space "OS" Zone, any
buildings on those lands zoned "OS-5" by this By-law shall have a maximum
height of 9.75 metres.
By-law 01-286
OS - 6
32 MacDui Drive, Schedule "A", Map No. 7
Notwithstanding the provisions of Section 11.2.2 of the Open Space "OS" Zone,
those lands zoned "OS-6" by this By-law shall only be used for uses existing at
the day of the passing of this By-law. No buildings or structures including a
fence shall be permitted.
PART 11
OPEN SPACE ZONES
OS-5
By-law 03-217
OS - 7
Lands located on the east side of Orr Crescent, Schedule "A", Map
No. 7
Notwithstanding the provisions of Section 11.2.2 of the Open Space "OS" Zone,
those lands zoned "OS-7" by this By-law shall only be used for uses existing at
the date of passing of this By-law, in particular, conservation and woodlot.
By-law 07-350
OS - 8
490 Fifth Road East, Schedule "A", Map 13
Notwithstanding the provisions of Section 11.2.2 of the Open Space "OS" Zone,
on those lands zoned "OS-8" by this By-law, shall only be used for: one single
detached dwelling; a home occupation; conservation uses; hazard lands; wildlife
management areas; woodlots; and, accessory uses, buildings or structures.
Notwithstanding the provisions of Subsection 11.2.3 of the Open Space "OS"
Zone, the following regulations shall apply:
(a)
(b)
(c)
(d)
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage
Minimum Front Yard
-
1.85 hectares
-
56 metres
-
n/a
-
7.5 metres from the boundary
of the "OS-4" Zone
(e)
Minimum Site Yard
-
7.5 metres from the
of the "OS-4" Zone
boundary
(f)
Minimum Rear Yard
-
7.5 metres from the
of the "OS-4" Zone
boundary
(g)
Minimum Landscaping
-
n/a
(h)
Outside Storage
-
No outside storage
permitted
shall be
(i)
Minimum Parking Requirements
-
2 spaces, one of which may be
located in the required front
yard
(j)
Maximum Building Height
-
11 metres
(k)
Minimum elevation for any
building openings
-
193.15 metres geodetic
(l)
For the purpose of this Zone, the minimum lot area and lot frontage
shall include the portion of the lot zoned "OS-4".
PART 11
OPEN SPACE ZONES
OS-6
By-law 07-350
OS - 9
520 Fifth Road East, Schedule "A", Map No. 13
Notwithstanding the provisions of Section 11.2.2 of the Open Space "OS" Zone,
on those lands zoned "OS-9" by this By-law, shall only be used for: one single
detached dwelling; a home occupation; conservation uses; hazard lands; wildlife
management areas; woodlots; and, accessory uses, buildings or structures.
Notwithstanding the provisions of Subsection 11.2.3 of the Open Space "OS"
Zone, the following regulations shall apply:
(a)
(b)
(c)
(d)
Minimum Lot Area
Minimum Lot Frontage
Maximum Lot Coverage
Minimum Front Yard
-
1.43 hectares
-
144.41 metres
-
n/a
-
10 metres from the boundary of
the "OS-4" Zone
(e)
Minimum Site Yard
-
10 metres from the boundary of
the "OS-4" Zone
(f)
Minimum Rear Yard
-
10 metres from the boundary of
the "OS-4" Zone
(g)
Minimum Landscaping
-
n/a
(h)
Storage
-
No outside storage shall be
permitted
(i)
Minimum Parking Requirements
-
2 spaces, one of which may be
located in the required front yard
(j)
Maximum Building Height
-
11 metres
(k)
Minimum elevation for any
building openings
-
193.15 metres geodetic
(l)
For the purpose of this Zone, the minimum lot area and lot frontage
shall include the portion of the lot zoned "OS-4".
By-law 03-335
OS - 10 West side of Falcon Road, Part of Lot 3, Broken Front Concession,
Schedule "A", Map No. 4
Notwithstanding the provisions of Section 11.2.2 of the Open Space "OS" Zone, on
those lands zoned "OS-10" by this By-law, no buildings or structures shall be
permitted, excluding those structures required for shoreline protection.
PART 11
OPEN SPACE ZONES
OS-7
SECTION 11.3 INTENSIVE RECREATION "IR" ZONE
11.3.1
Scope
No person shall within any Intensive Recreation "IR" Zone use any land or erect,
alter or use any building or structure, except in accordance with the following
provisions:
11.3.2
Permitted Uses For Each Lot
(a)
Any Recreational or Cultural Uses
(b)
Amusement Parks
(c)
Arenas
(d)
Auditoriums
(e)
Boat and Marine Supplies, Sales and Service
(f)
Bowling Alleys
(g)
Camping Grounds
(h)
Conservation Areas
(i)
Curling Rinks
(j)
Equestrian Establishments
(k)
Golf Courses
(l)
Marinas
(m)
Open or Covered Commercial Swimming Pools
(n)
Private Clubs
(o)
Public or Private Parks
(p)
Retail stores accessory to a permitted use
(q)
Uses, buildings or structures accessory to a permitted use
11.3.3
Zone Regulations
(a)
Minimum Lot Area
-
4,000 square metres
(b)
Minimum Lot Frontage
-
20 metres
(c)
Maximum Lot Coverage
-
35 percent
(d)
Maximum Gross Floor Area
-
50 percent
(e)
Minimum Front Yard
-
15 metres
(f)
Minimum Side Yards
-
15 metres
(g)
Minimum Rear yard
-
15 metres
(h)
Minimum Landscaped Open Space
-
40 percent
PART 11
OPEN SPACE ZONES
OS-8
(i)
Outside Storage - Outside storage areas may be permitted in any side or
rear yard provided that such areas are fully screened from streets and
adjacent properties by means of fencing or landscaping features.
11.3.4
Regulations For Parking
(a) Parking spaces shall be required in accordance with Section 4.10.
(b)
For those uses not specified in Section 4.10, a minimum of one parking
space per 28 square metres of gross floor area shall be required.
(c)
Parking shall be allowed within any required yard provided that no
parking area is located within 7.5 metres of a lot line.
11.3.5
Special Exemptions
By-law 4470-96
IR - 1
Battlefield Park, Schedule "A", Map No. 5
Notwithstanding the uses permitted in Section 11.3.2, the use of those lands
zoned "IR-1" by this By-law, shall be limited to recreational and cultural
uses, a conservation area, a public park, archeological/historical activities,
special events, visitor's services including but not limited to gift shops,
washrooms, and restaurants and uses, structures and buildings accessory
thereto. Single detached dwellings and accessory structures are permitted in
accordance with the regulations of Section 6.3 of this By-law.
IR - 2
Northwest Corner of Mud Street West and First Road West,
Schedule "A", Map No. 11
In addition to the uses permitted in Section 11.3.2 of the Intensive Recreation
"IR" Zone, those lands zoned "IR-2" by this By-law may also be used for
operations associated with the disposal of solid non-hazardous waste from
industrial, commercial and institutional sources as approved in a provisional
certificate of approval issued by the Ministry of Environment and Energy
pursuant to the Environmental Protection Act, R.S.O. 1990, c.E.19.
By-law 02-261
IR - 3
166 Green Mountain Road East, Schedule "A", Map No. 17
Notwithstanding the uses permitted in Section 11.3.2 of the Intensive
Recreation "IR" Zone, those lands zoned "IR-3" by this By-law shall only be
used for a private club and any recreational or cultural uses associated with
the private club.
PART 11
OPEN SPACE ZONES
OS-9
SECTION 11.4 PARK "P" ZONE
11.4.1
Scope
No person shall within any Park "P" Zone use any land or erect, alter or use
any building or structure, except in accordance with the following provisions:
11.4.2
Permitted Uses For Each Lot
(a)
Public Parks
(b) Uses, buildings or structures accessory to a permitted use
11.4.3
Zone Regulations
(a)
No Minimums
(b)
Maximum Lot Coverage -
10 percent of lot area
(c)
Outside Storage
-
No outside storage areas shall be
permitted
PART 12
ADMINISTRATION AND ENFORCEMENT
ADMIN-1
PART 12
ADMINISTRATION AND ENFORCEMENT
SECTION 12.1 ADMINISTRATION (By-law 15-073, By-law 21-188)
This By-law shall be administered by the City's Director, Planning Division,
Chief Planner.
SECTION 12.2 INSPECTION OF PREMISES
Where the Director of Planning or the Manager of Development Control or a
By-law Enforcement Officer believes on reasonable grounds that this By-law
is being contravened, such persons may at all reasonable times, and upon
producing proper identification, enter in and inspect any property on or in
respect of which he/she believes the contravention is occurring.
SECTION 12.3 VIOLATION AND PENALTIES
Pursuant to the provisions of Section 67 of the Planning Act, R.S.O. 1990,
c.P.13:
(a)
Every person who contravenes any provision of this By-law is guilty
of an offence and on conviction is liable,
1.
on a first conviction to a fine of not more than $25,000.00; and
2.
on a subsequent conviction to a fine of not more than $10,000.00
for each day or part thereof upon which the contravention has
continued after the day on which he/she was first convicted.
(b) Where a corporate person is convicted under subsection (a), the
maximum penalty that may be imposed is,
1.
on a first conviction a fine of not more than $50,000.00; and
2.
on a subsequent conviction a fine of not more than $25,000.00 for
each day or part thereof upon which the contravention has continued
after the day on which the corporation was first convicted, and not
as provided in subsection (a).
(c)
Where a conviction is entered under subsection (a), in addition to any
other remedy or any penalty provided by law, the court in which the
conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition
PART 12
ADMINISTRATION AND ENFORCEMENT
ADMIN-2
of the offence by the person convicted.
SECTION 12.4 ENFORCEMENT
The Municipal By-law Enforcement Officer shall be responsible for the
enforcement of any contravention of the provisions of this By-law by
causing summonses to be issued in respect thereof pursuant to the Provincial
Offences Act, R.S.O. 1990, c.P.33 and to appear in court for such purpose.
SECTION 12.5 BY-LAWS REPEALED
The following By-laws of the Corporation and all amendments thereto are
hereby repealed:
(a) The Town of Stoney Creek Zoning By-law No. 690;
(b) The Western Development Area Zoning By-law No. 2175;
(c)
The Winona-Fruitland Area Zoning By-law No. 2347;
(d) The Mountain Area Zoning By-law No. 2505; and
(e) The West Mountain Area Zoning By-law No. 3264-73
subject to the approval of this By-law by the Ontario Municipal Board or in the
event of no appeal, upon issuance of the Clerk's Certificate of Compliance.
SECTION 12.6 VALIDITY AND EFFECTIVE DATE
12.6.1
Validity
Should any section, cause or provision of this By-law including any notation
on the Zoning Schedules, be declared by a court of competent jurisdiction to
be invalid, the same shall not affect the validity of this By-law as a whole or
any part thereof, other than the part so declared to be invalid.
12.6.2
Effective Date
This By-law shall come into force and take effect upon being passed by the
Corporation of the City of Stoney Creek, subject to the approval of the Ontario
Municipal Board and in the event of no appeal, upon issuance of the Clerk's
Certificate of Compliance.
READ A FIRST TIME this 8th day of December, 1992.
PART 12
ADMINISTRATION AND ENFORCEMENT
ADMIN-3
READ A SECOND TIME this 8th day of December, 1992.
READ A THIRD TIME AND FINALLY PASSED AND ENACTED this 8th day of
December, 1992.
"Joseph A. Brezina"
"Robert Hodgson"
CLERK
MAYOR
PART 15
SPECIAL FIGURES
PART 15
SPECIAL FIGURES
PART 15
SPECIAL FIGURES
PART 15
SPECIAL FIGURES
FIG - 1
PART 15
SPECIAL FIGURES