Ancaster Zoning By-law 87-57

Hamilton, Ontario · No. 87-57 · summary & facts

This is the exact embedded text of the captured official document. Snapshot f22db4dccf71 · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

BY-LAW NO. 87-57 THE ZONING BY-LAW OF THE TOWN OF ANCASTER (NOW CITY OF HAMILTON) ZONING BY-LAW CONSOLIDATION This consolidation of the Zoning By-law for the former Town of Ancaster has been prepared for convenience only. For accurate reference, the Zoning By-law and approved amendments, as lodged in the office of the City Clerk, should be consulted. May 2026 TABLE OF CONTENTS THE ZONING BY-LAW ....................................................................................................1 SECTION 1: TITLE ....................................................................................................2 SECTION 2: DEFINED AREAS ................................................................................2 SECTION 3: DEFINITIONS................................................................................... 3-1 SECTION 4: ZONES............................................................................................... 4-1 SECTION 5: ZONING MAPS, SETBACK STANDARDS AND MINIMUM SEPARATION DISTANCE FORMULAS ....................................... 5-1 SECTION 6: INTERPRETATION.......................................................................... 6-1 6.1 General ................................................................................... 6-1 6.2 Symbols.................................................................................. 6-1 6.3 Defined Areas ........................................................................ 6-1 6.4 Zone Boundaries .................................................................... 6-1 6.5 Closings.................................................................................. 6-2 6.6 Certain Words ........................................................................ 6-2 6.7 Special Figures......................................................6-2 SECTION 7: GENERAL PROVISIONS ................................................................ 7-1 7.1 Scope and Effect .................................................................... 7-1 7.2 By-law No. 1890 .................................................................... 7-1 7.3 Restrictions on Changes......................................................... 7-1 7.4 (a) Legal Non-compliance ..................................................... 7-1 (b) Legal Non-conforming Uses ............................................ 7-1 7.5 Requirement for a Building Lot ............................................. 7-1 7.6 Uses Permitted Throughout the Town ................................... 7-2 7.7 Construction Site Buildings ................................................... 7-2 7.8 Prohibited Uses ...................................................................... 7-2 7.9 Multiple Uses ......................................................................... 7-4 7.10 Non-Residential Use .............................................................. 7-4 7.11 Maximum Building Height .................................................... 7-4 7.12 Yard Encroachments .............................................................. 7-5 7.13 Special Setbacks..................................................................... 7-5 7.14 Parking and Loading .............................................................. 7-6 7.15 Lot Frontage and Area Exemption....................................... 7-13 7.16 Outdoor Swimming Pools.................................................... 7-13 7.17 Open Storage........................................................................ 7-13 7.18 Accessory Buildings ............................................................ 7-14 7.19 Hazard Lands ....................................................................... 7-16 7.20 Holding Zones...................................................................... 7-16 7.21 Arcades ................................................................................ 7-17 7.22 Satellite Dish Antennae........................................................ 7-18 7.23 Home Child Care......................................................... 7-18 7.24 Home-based Business .......................................................... 7-18 7.24 Bed and Breakfast Establishments ....................................... 7-18 7.26 Phased Registration of Condominiums................................ 7-19 7.27 Model Homes in Draft Plans of Subdivision ....................... 7-19 7.28 Regulation for Consolidated Lot Development ................... 7-20 7.29 Adequate Services................................................ 7-20 7.30 Outdoor Commercial Patios..................................... 7-21 7.31 Uses Not Subject to the Zoning By-law........................7.21 (Not Final & Binding: By-law No. 26-047, March 04, 2026) SECTION 8: AGRICULTURAL "A" ZONE ......................................................... 8-1 SECTION 9: GENERAL PROVISIONS FOR RESIDENTIAL ZONES............... 9-1 9.1 Residential Zones................................................................... 9-1 9.2 Minimum Lot Frontage and Area Requirements for Lots Abutting Curved Streets................................................. 9-1 9.3 Mechanical and Unitary Equipment... .................................. 9-1 9.4 Minimum Lot Requirements.................................................. 9-2 9.5 Privacy Screens ...................................................................... 9-2 9.6 Basement or Cellar................................................................. 9-2 9.7 Open Storage.......................................................................... 9-3 9.8 Private Garage........................................................................ 9-3 9.9 Satellite Dish Antennae.......................................................... 9-3 9.10 Decks...................................................................................... 9-3 9.11 Urban Farm......................................................... 9-4 9.12 Community Gardens............................................... 9-6 9.13 Common Elements Condominiums...............................9-6 9.14 Secondary Dwelling Units and Secondary Dwelling Units....9-6 - Detached 9.15 Converting Dwellings...............................................9-10 SECTION 10: EXISTING RESIDENTIAL "ER" ZONE ....................................... 10-1 SECTION 11: RESIDENTIAL "R1", "R2" AND "R3" ZONES ........................... 11-1 SECTION 12: RESIDENTIAL "R4" ZONE........................................................... 12-1 SECTION 13: RESIDENTIAL "R5" ZONE........................................................... 13-1 SECTION 14: RESIDENTIAL MULTIPLE "RM1" ZONE .................................. 14-1 SECTION 15: RESIDENTIAL MULTIPLE "RM2" ZONE .................................. 15-1 SECTION 16: RESIDENTIAL MULTIPLE "RM3" ZONE .................................. 16-1 SECTION 17: RESIDENTIAL MULTIPLE "RM4" ZONE .................................. 17-1 SECTION 18: RESIDENTIAL MULTIPLE "RM5" ZONE .................................. 18-1 SECTION 19: RESIDENTIAL MULTIPLE "RM6" ZONE .................................. 19-1 SECTION 20: RESIDENTIAL HAMLET "RH" ZONE ........................................ 20-1 SECTION 21: DEFERRED DEVELOPMENT "D" ZONE ................................... 21-1 SECTION 22: NEIGHBOURHOOD COMMERCIAL "C1" ZONE, SHOPPING CENTRE COMMERCIAL "C2" ZONE, GENERAL COMMERCIAL "C3" ZONE, URBAN COMMERCIAL "C4" ZONE, RURAL COMMERCIAL "C5" ZONE AND VILLAGE AREA "VA" ZONE (Certain Uses Only) ..................... 22-1 TABLE 1: USES PERMITTED IN CERTAIN COMMERCIAL ZONES......................................... 22-1 TABLE 2: REGULATIONS...................................................... 22-6 SECTION 23: HAMLET COMMERCIAL "HC" ZONE ....................................... 23-1 SECTION 24: MOTOR VEHICLE SERVICES "C6" ZONE ................................ 24-1 SECTION 25: VILLAGE AREA "VA" ZONE ...................................................... 25-1 SECTION 26: INDUSTRIAL "M1" ZONE ............................................................ 26-1 SECTION 27: PRESTIGE INDUSTRIAL "M2" ZONE LIGHT INDUSTRIAL "M3" ZONE GENERAL INDUSTRIAL "M4" ZONE ........................................ 27-1 SECTION 28: RURAL INDUSTRIAL "M5" ZONE ............................................. 28-1 SECTION 29: EXTRACTIVE INDUSTRIAL "M6" ZONE.................................. 29-1 SECTION 30: INSTITUTIONAL "I" ZONE.......................................................... 30-1 SECTION 31: PUBLIC "P" ZONE ......................................................................... 31-1 SECTION 32: PRIVATE OPEN SPACE "O1" ZONE........................................... 32-1 SECTION 33: PUBLIC OPEN SPACE "O2" ZONE ............................................. 33-1 SECTION 34: EXCEPTIONS (Schedule "A")......................................... 34.1-1 EXCEPTIONS (Schedule "B")........................................ 34.2-1 AMENDMENTS .............................................................. APPENDIX A SECTION 35: ADMINISTRATION ........................................................ APPENDIX B SECTION 36: ENFORCEMENT .............................................................APPENDIX C SECTION 37: REPEAL OF PRECEDING BY-LAW ............................ ..APPENDIX D SECTION 38: VALIDITY AND EFFECTIVE DATE ..............................APPENDIX E SECTION 39: SPECIAL FIGURES.............................................APPENDIX F SCHEDULE "A": SCHEDULE "B": MAP 1: MAP 2: MAP 3: MAP 4: MAP 5: MAP 6: MAP 1: NORTH HALF SOUTH HALF COPETOWN JERSEYVILLE INDUSTRIAL AREA LIMBERLOST URBAN AREA B1.1: JERSEYVILLE ESTATES B1.2: MEADOWBROOK MANORS B1.3: TWIN GABLES B1.4: FIELDS OF FIDDLER'S GREEN B1.5: WARD ESTATES B1.6: B1.7: THE ENCLAVE MEADOWLANDS-NORTH SIDE OF GOLF LINKS ROAD B1.8: MEADOWLANDS-SOUTH SIDE OF GOLF LINKS ROAD B1.9: MEADOWLANDS MIXED USE AREAS MAP 2: VILLAGE CORE MAP 3: ANCASTER MEADOWS SCHEDULE "C": SETBACK STANDARDS SCHEDULE "D": MINIMUM DISTANCE FORMULAS (deleted 07-112) 1 THE ZONING BY-LAW OF THE TOWN OF ANCASTER BY-LAW NO. 87-57 A Zoning By-law: Prohibiting the use of land for or except for such purposes as are set out in the By-law. Prohibiting the erection or use of buildings or structures for or except for such purposes as may be set out in the By-law. Regulating the type of construction and the height, bulk, location, size, floor area, spacing, character and use of buildings or structures, the minimum frontage and depth of the parcel of land and the proportion of its area that any building or structure may occupy. Requiring the provision and maintenance of loading and parking facilities for buildings or structures to be erected or used for a purpose named in the By-law. Prohibiting the making, establishment or operation of pits and quarries in defined areas. 2 THE COUNCIL OF THE CORPORATION OF THE TOWN OF ANCASTER ENACTS AS FOLLOWS: SECTION 1: TITLE This By-law may be cited as "The Zoning By-law of the Town of Ancaster". SECTION 2: DEFINED AREAS This By-law applies to all land in the Town of Ancaster. 3-1 SECTION 3: DEFINITIONS For the purpose of this By-law all words shall carry their customary meaning except those defined hereafter. 3.1 "Accessory Building" means a building or structure not used for human habitation the use of which is naturally and normally incidental and subordinate to a permitted principal use on the same lot, and shall include an inground or above-ground outdoor swimming pool and a satellite dish antennae, but shall not include a railroad car, streetcar, truck, trailer or similar vehicle, or an above-grade communal parking structure or building. 3.2 "Accessory Use" means a use naturally and normally incidental and subordinate to and exclusively devoted to the principal permitted use located on the same lot. 3.3 "Adult Entertainment Parlour" (92-94) means any premises or part thereof in which is provided, in pursuance of a trade, calling business or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations. 3.4 "Agricultural" means the use of land, buildings, and structures for purposes of farming, including: (a) the growing of forage and sod crops; grain and feed crops; oil, bulb and seed crops; vegetable and row crops; fruits of all kinds including grapes, nuts and berries; mushrooms; nursery, floral and greenhouse products; tobacco; and Christmas trees; and (b) the raising of: dairy animals; livestock for food production including beef cattle, buffalo, sheep, swine, goats and rabbits; bees; poultry including pheasant, quail, ducks, geese, chickens and turkeys; fish; fur animals; horses and ponies; and (c) the production of: eggs; honey; maple syrup; milk; butter; cheese; and cider; and 3-2 (d) the sorting, treating, packaging, packing, storing and selling only of products grown or raised on the premises, but excluding commercial greenhouses. 3.5 "Alter" means any alteration in a bearing wall, column, beam, girder, or other supporting member of a building or structure, or any increase or decrease in the area or cubic contents of a building or structure. 3.6 "Animal Hospital" means the premises of a veterinary surgeon where animals or birds are treated, and/or kept for observation. 3.7 "Apartment Building" (a) means a dwelling containing three (3) or more dwelling units which have common entrances from the street level; but (b) does not include a boarding, rooming, lodging or tourist house. 3.8 "Arcade" (92-95) means a building or part thereof containing amusement devices including video games, pinball machines and other electronic or mechanical game machines operated for gain, but shall not include amusement devices and games of skill operated at occasional or seasonal carnivals and exhibitions, and shall not include sports practice and training devices such as batting cages, pitching machines and golf driving ranges. 3.9 "Assembly Hall" means a building in which facilities are provided for such purposes as meetings for civic, educational, political, religious, social or recreational purposes. 3.10 "Attic" means that portion of a building situated wholly or in part w i h the roof and which is less than a half-storey. 3.11 Deleted. (25-156) 3-3 3.12 "Bachelor Unit" (a) means a dwelling unit in which only one room or part thereof contains sleeping accommodation, and which room is also used as a living and/or dining room; but (b) does not mean or include a dwelling unit containing one or more rooms designed exclusively for sleeping accommodation. 3.13 "Basement or Cellar" means that portion of a building between two floor levels in which the height from finished grade adjacent to the exterior wall to fished ceiling or underside of the floor joists of the storey next above is 1.8 metres or less. 3.14 "Basement, Walk-Out" means that portion of a dwelling between two floor levels where the exposed exterior wall surface measured from adjacent finished grade to finished ceiling or underside of joists is more than 1.8 metres. 3.15 "Bed & Breakfast" Bed and breakfast establishment means an accessory activity undertaken in a detached dwelling unit where guestrooms are made available for the temporary accommodation of the traveling public and where meals may be offered to the occupants of the guestrooms. 3.16 "Boarding, Rooming, Lodging or Tourist House" (a) means a dwelling in which lodging with or without meals is supplied for monetary gain to three (3) or more persons other than the lessee or owner of said dwelling, or any member of his or her family; but (b) does not mean or include a motel, hotel, hospital, children's home, nursing home, home for the aged, or similar commercial or institutional use, or apartment house. 3.17 "Body Rub Parlour" (92-94) means any premises or part thereof where a body-rub is performed, offered or solicited in pursuance of a trade, calling, business or occupation, but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered to do so under the laws of the Province of Ontario. 3-4 3.18 "Building" means a structure whether temporary or permanent, used or intended to be used for the shelter, accommodation or enclosures of persons, animals, goods or chattels but excluding a lawful boundary wall or fence. 3.19 "Building Envelope" means the area shown on a Map or Schedule forming part of this By-law as "Building Envelope" which designates the only area within a parcel of land upon which the erection of principal buildings shall be permitted. 3.20 "Building Height" (15-067) 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. 3.21 "Business Office" means any building in which one or more persons are employed in the management, direction or conducting of an agency, or a business, profession, brokerage, labour or fraternal organization, and shall exclude such uses as the manufacture, assembly, storage or sale of goods, or places of assembly and amusement. 3.22 "Canopy or Awning" means an overhead projection connected to a building which when in place projects from a wall and may be permanently fixed or may be retractable. 3.23 "Car Wash, Automatic" (a) means a building where motor vehicles are washed, cleaned or polished for a fee or charge; but 3-5 (b) does not include a motor vehicle service station or a motor vehicle repair garage. 3.24 "Cemetery" means a cemetery or columbarium within the meaning of The Cemeteries Act, being Chapter 59 of the Revised Statutes of Ontario, 1980, as amended from time to time. 3.24.1 "Child Care Centre" (25-156) Shall mean a facility licenses under the Child Care and Early Years Act, as amended, for the purpose of providing temporary care of children for a continuous period not exceeding twenty-four hours, but shall not include a home child care use. 3.25 "Church" (25-156) means a building used by any religious organization for public worship, and may include as accessory uses; a rectory, manse, public hall, child care centre or school. 3.26 "Cleaning or Pressing Shop" means a building used for the purpose of receiving articles or goods of fabric to be subjected on the premises to the process of dry cleaning, dry dyeing or pressing. 3.27 "Clinic, Medical" means a building used by qualified medical practitioners, dentists, osteopaths or other drugless practitioners, numbering three or more, for public or private medical, surgical, physiotherapeutic or other human health purpose, except when included within or accessory to a private or public hospital. 3.28 "Club" means a building used as a meeting place for members of an organization and may include a lodge, a fraternity or sorority house, a labour union hall, or a service club. 3.29 "Commercial" means the use of land, buildings or structures for the purpose of buying and/or selling commodities or supplying of services; as distinguished from such uses as manufacturing or assembling of goods, warehousing, transport terminals, and construction and other similar non-commercial uses. 3-6 3.30 "Commercial Club" means any club operated for a profit. 3.31 "Commercial Vehicle" (a) any motor vehicle, except a recreational vehicle, with a registered gross weight of 3,000 kilograms or more, and/or a length of 7 metres or more, or height of 3 metres or more; and (b) any motor vehicle manufactured and/or modified primarily for commercial usage, but does not include vans, pick-up trucks and sport utility vehicles with minor exterior modifications and attachments. 3.31.1 "Community Garden" (14-274) means land used for the growing and harvesting of plants, grains, vegetables, or fruits and provided the crops are for the sole use, donation or consumption by the individual or individuals growing or working the community garden. It shall not be considered as landscaped area, landscape open space, landscaped strip or landscaping. 3.32 "Convenience Retail Store" means a retail store serving the daily or occasional needs of residents with a variety of goods such as groceries, meats, beverages, dairy products, patent medicines, sundries, tobacco, stationery, hardware, magazines and newspapers. 3.33 "Council" means the Council of the Corporation of the Town of Ancaster. 3.34 "Craft and Custom Workshop" means handiwork by an artisan or skilled worker using tools normally used in a home workshop, where the finished products are not mass produced or manufactured. 3.35 "Custom Workshop" means a building used for the manufacture of products in small quantities. 3.36 "Customer" 3-7 means a person or business entity who purchases a product or service, and shall include a client (professional service) and a patient (medical service or treatment). 3.37 Deleted. (25-156) 3.38 "Daylighting Triangle" means on a corner lot; an area free of buildings, structures or other visual obstructions and which area is a triangle formed by the two abutting street lines and a straight line joining two points on such street lines located a prescribed distance from the point of intersection of the two street lines. Where the front lot line and side lot line abutting a street describe an arc, the point of intersection shall be determined by a straight-line projection of the street lines. 3.39 "Deck" Means a platform or series of platforms, accessory to a dwelling unit, exceeding a height of 60 cm measured from the lowest point of grade at the platform perimeter to the floor of the platform. Decks may be free-standing or attached to a dwelling and are intended for use as an outdoor living area. Decks may be roofed over with a trellis or trellis-like structure only, screened-in and enclosed by a hand rail not exceeding a height of 122 cm above the platform floor, otherwise a deck shall not be enclosed. Any and all stairs, as measured to the exterior parameters of the framing structure, shall be considered to constitute part of the deck with respect to all relevant setbacks and lot coverage regulations. Any decking less than 60 cm in height shall not be considered to be a deck for the purpose of this by-law, but rather, shall be considered as landscaping material only. 3.40 "Dining Lounge" means a tavern or lounge as defined under the Liquor Licence Act, being Chapter 244 of the Revised Statutes of Ontario, 1980, as amended from time to time, and may include serving of food. 3.41 "Drive-in Restaurant" - See "Restaurant, Fast Food" 3.42 "Dwelling" means a building containing one or more dwelling units. 3.43 "Dwelling, Block Townhouse" means a dwelling divided vertically into a minimum of three (3) and a maximum of eight (8) dwelling units, with each unit separated by a common or party wall or walls and having two or more private entrances at grade 3-8 3.43.1 "Dwelling, Converted" means a dwelling altered to contain a greater number of dwelling units. 3.44 "Dwelling, Duplex" means a dwelling of two (2) or more storeys divided horizontally into two (2) dwelling units. 3.45 "Dwelling, Detached" means a dwelling containing only one dwelling unit. 3.46 "Dwelling, Multi-Plex" means a building divided vertically into a minimum of four (4) and a maximum of eight (8) side-by-side and/or back-to-back units, which may also be divided horizontally to a maximum of two (2) Units in height, for a maximum total of sixteen (16) units, with each unit being separated by two or more common walls and each having private entrances to the outside. 3.47 "Dwelling, Semi-Detached" means a dwelling divided vertically into not more than two (2) dwelling units. 3.48 "Dwelling, Split Level" means a dwelling containing three or more sections at different levels with two or more of such sections containing one or more habitable rooms, but does not include a one-storey dwelling with a split entry. 3.49 "Dwelling, Street Townhouse" means a dwelling divided vertically into a minimum of three (3) and a maximum of eight (8) dwelling units, the units separated by a common wall or walls and each unit having two private entrances at grade, and in which all dwelling units front on a street. 3.50 "Dwelling, Triplex" means a building divided horizontally into three dwelling units. 3.51 "Dwelling Unit" (a) means a room or suite of rooms in a dwelling used or designed or intended 3-9 to be used as an independent, private and separate housekeeping establishment: (i) in which kitchen and sanitary facilities are provided; and (ii) which has a private entrance from outside the dwelling or from a common hallway or stairway inside the dwelling; but (b) does not mean or include a tent, cabin, trailer, recreation vehicle, mobile home, or a room or suite of rooms in a boarding, rooming, lodging or tourist house, or in a hotel, motel, motor hotel, or in an institution. 3.52 "Erect" means to build, construct, reconstruct, relocate or alter a building or structure and includes any attendant operation such as excavating, filling, grading, or draining and "erected" and "erection" shall have a corresponding meaning. 3.53 "Existing" means existing on the date of passing of this By-law. 3.53.1 "Farm Produce/Product Stand" (14-274) means a building or structure used for the sale of fresh fruit, vegetables, grains and edible plants which are grown on an urban farm on a seasonal basis. Products derived from the urban farm produce may also be sold. 3.54 "Floor Area" means the total floor area of all floors within a building, which area is measured between the exterior face of exterior walls or from the centre line of a common wall, including the permitted area of a walk-out basement but excluding: (b) in the case of an apartment building; any garage, porch, veranda, balcony, mezzanine, lobby, basement, cellar, stairway, hallway, vestibule, elevator space, boiler room or common laundry and storage rooms; and (c) in the case of all other dwelling units; any carport or garage, breezeway, porch, veranda, balcony, attic, basement, cellar or any unheated area; and the walls of an inner court are deemed to be exterior walls. 3.55 "Floor Area, Ground" 3-10 means the floor area of the lowest storey of a building, approximately at or first above the finished grade level, which area is measured between the exterior faces of the exterior walls at the floor level of such storey; but (a) excludes car parking areas within the building; and (b) the walls of an inner court are deemed to be exterior walls. 3.56 "Floor Area Ratio" means the total "Floor Area" of all buildings on a lot divided by the area of the lot, and the floor area ratio in each Zone applies only to that portion of such lot that is located within said Zone. 3.57 "Garden Centre" means a place where trees, shrubs, plants, seeds and bulbs, which may be grown on the premises; and gardening supplies and garden tools and any other related materials and products are sold. 3.58 "Garage or Carport, Private" means a building or structure used for the parking or storage of private passenger motor vehicles or vehicles of less than one tonne maximum capacity. 3.59 "Gasoline Bar" - See Motor Vehicle Gasoline Bar 3.59.1 "Grade" (15-287) Shall mean the average level of the proposed or finished ground adjoining a building calculated along the perimeter of all exterior walls. 3.60 "Greenhouse, Commercial" means a greenhouse from which trees, shrubs and plants (including produce and flowers) and other similar vegetation, not necessarily grown or nurtured on the premises, may be sold along with gardening supplies, garden tools, and any other related materials and products. 3.61 "Habitable Room" means any room in a dwelling used for human habitation and includes kitchens, living rooms, dining rooms, family rooms, bedrooms, dens and recreation rooms but does not include a bathroom, pantry, laundry room, corridor, porch, veranda, balcony, private garage or carport. 3-11 3.62 "Hazardous Waste" (09-131) means materials that are defined as hazardous waste under Ontario Regulation 347 to the Environmental Protection Act. 3.63 "Hazardous Waste Management Facility" (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 facilty may also include the storage, transfer or processing of non-hazardous waste. 3.64 "Help House, Seasonal or Permanent" means a dwelling located on the same lot as an agricultural use and which is provided and maintained by the owner of the lot for the accommodation of person(s) employed in agriculture by the owner of the lot. 3.65 "Home-based Business" (25-156) means any activity undertaken in a dwelling unit that generates income but does not include any activity where sleeping accommodation is furnished. 3.65.1 "Home Child Care" (25-156) Shall mean a portion of a dwelling used for the purpose of providing temporary care to children for a continuous period not exceeding twentyfour 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. 3.66 "Home for the Aged" means an institution to which The Homes for the Aged and Rest Homes Act, being Chapter 203 of The Revised Statutes of Ontario, 1980, as amended from time to time applies, and any home for senior citizens sponsored and administered by any public agency or any service organization either of which obtains its financing from 3-12 Federal, Provincial or Municipal Governments or agencies, or by public subscription or donation or by any combination thereof, and such home shall include auxiliary uses such as club and lounge facilities usually associated with senior citizens' residential accommodation. 3.67 "Hospital, Private" means a hospital as defined by The Private Hospitals Act, being Chapter 389 of the Revised Statutes of Ontario, 1980, as amended from time to time or a sanitarium as defined by The Private Sanitarium Act, being Chapter 391 of the Revised Statutes of Ontario, 1980, as amended form time to time. 3.68 "Hospital, Public" means an institution as defined by The Public Hospitals Act, being Chapter 410 of the Revised Statutes of Ontario, 1980, as amended from time to time. 3.69 "Hotel" (a) means a building containing rental rooms used mainly for the purpose of catering to the needs of the traveling public by furnishing sleeping accommodation with or without food, provided that each rental room may only be entered from the interior of the building; but (b) does not include boarding, rooming, lodging, or tourist houses, motels or apartment buildings. 3.70 "Institutional" (a) means the use of land, buildings or structures for religious, charitable, educational, health or welfare purposes; and (b) includes churches, places of worship, public or private schools, nursery schools, public or private hospitals, children's homes, homes for the aged or infirm, monasteries, convents or training schools, but does not include private medical clinics. 3.71 "Kennel" means a building used primarily for breeding, raising, keeping and boarding of dogs. 3-13 3.72 "Landscape Gardener" means a place of business where landscaping and gardening services are offered, but does not include a nursery or garden centre. 3.73 "Landscaping" (a) means an area not built upon and not used for any purpose other than as a landscaped area which may include grass, shrubs, flowers, trees and similar types of vegetation, paths, walks, patios, fences, and similar features; but (b) does not include parking areas, parking lots, driveways, ramps or maneuvering areas. 3.74 "Loading Space" means an area of land which is provided and maintained on private property, which area has unobstructed access from a street and which is provided solely for the loading and unloading of a motor vehicle. 3.74.1 "Local Agricultural Products" (15-101) 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. 3.75 "Lot" means a parcel of land having within the boundaries of a Zone sufficient lot frontage, depth and area to satisfy the applicable regulations of the Zone in which it is located, and (a) (i) is a whole lot as shown on a Registered Plan of Subdivision, except a Registered Plan of Subdivision which has been deemed not to be a Registered Plan of Subdivision in a By-law passed pursuant to Section 49 of the Planning Act, being Chapter 1 of the Statutes of Ontario, 1983, as amended from time to time; or (ii) is a separate parcel of land; or (iii) the description of which is the same as in a deed which has been given consent pursuant to Section 52 of the Planning Act, being Chapter 1 of the Statutes of Ontario, 1983, as amended from time to time; or 3-14 (iv) is the whole remnant remaining to an owner or owners after a conveyance made with consent pursuant to Section 52 of the Planning Act, being Chapter 1 of the Statutes of Ontario, 1983, as amended from time to time. (b) fronts on a street that has been opened, improved, and is maintained and assumed for public use by the Municipality or the Regional Municipality of Hamilton-Wentworth, or the Province of Ontario unless such street has been opened, improved and maintained and is within a Plan of Subdivision registered after the date of passing of this By-law pursuant to Subsection 50 (22) of the Planning Act, and in accordance with any requirements under The Registry Act or The Land Titles Act, in which case the responsibility for such street for public use has not been accepted or assumed by the Municipality but there is an effective subdivision agreement with the Municipality registered on title. (c) no parcel or tract of land ceases to be a lot if a part has been conveyed to or acquired by the Municipality, the Regional Municipality of Hamilton- Wentworth, Her Majesty in the Right of Ontario, or Her Majesty in the Right of Canada. 3.76 "Lot Area" means the total horizontal area within the lot lines of a lot. 3.77 "Lot Corner" means: (a) a lot situated at the intersection of and abutting two or more streets; or (b) a lot with both its front and one side lot line abutting the same street. 3.78 "Lot Coverage" (15-067) means the percentage of the lot covered by all buildings, but shall not include swimming pools and decks. 3.79 "Lot Depth" means the horizontal distance between the front and rear lot lines, but where the front and rear lot lines are not parallel, the lot depth is the length of a line joining the mid-points of such lot lines. 3-15 3.80 "Lot, Far Side Corner" means a corner lot which abuts a Provincial Highway in which the legal direction of traffic in the lane of such highway nearest such lot is away from the intersection of such highway with the intersecting street that abuts such lot. 3.81 "Lot Frontage" means, with respect to the front lot line: (a) its full length, where it is straight and continuous; or (b) the longest length, where it is straight but not continuous; or (c) where it is concave and continuous, the length of a straight line connecting the side lot lines, measured from points located 7.5 metres from the intersections of the side and front lot lines; or (d) where it is convex or irregular and continuous, the length of a straight line joining the side lot lines where they intersect the front lot line; or (e) where a corner lot has a partially curved street line, the length of a straight line connecting the point of intersection of the projections of the street lines with the point of intersection of the front lot line and the remaining side lot line. 3.82 "Lot, Interior" means a lot other than a corner lot. 3.83 "Lot Line" means any boundary of a lot. 3.84 "Lot Line, Front" (a) means the lot line that divides the lot from the street; or (b) in the case of a corner lot, the shorter street line; or (c) if a corner lot has a partially curved street line, the front lot line shall be the shortest street line determined by the bisection of the curve, and the remaining portion of the street line shall be a side lot line, however if a corner lot has a continuously curved street line, the street line shall be the front lot line; or 3-16 (d) if a corner lot or through lot has two street lines of equal length, the owner of such lot may designate either street line as the front lot line, subject to reserve requirements. 3.85 "Lot Line, Side" means a lot line which meets the front lot line. 3.86 "Lot Line, Rear" means the lot line opposite the front lot line, or in the case of an irregular lot, the lot line or lot lines remaining after the determination of the side lot lines and on a lot with only three boundaries, there will be no rear lot line. 3.87 "Lot, Near-Side Corner" means a corner lot which abuts a Provincial Highway in which the legal direction of traffic in the lane of such highway nearest such lot is towards the intersection of such highway with the intersecting street that abuts such lot. 3.88 "Lot, Through" means an interior lot having frontage on two streets, notwithstanding the existence of a reserve. 3.89 "Mobile Home" means a transportable, factory-built, dwelling unit. 3.90 "Mobile Home Park" means an area of land devoted to the use of mobile homes and shall include all accessory buildings necessary to the operation of the park such as offices, laundry facilities, toilet facilities and storage lockers. 3.90.1 "Model Home" (15-287) Shall mean a single detached dwelling, semi-detached dwelling, street townhouse dwelling or a block of townhouse dwelling units used in the interim for the sole purpose of an office and/or show room and/or sales centre each of which shall promote the sale of residential units within a draft approved plan of subdivision or a registered plan of subdivision. 3.91 "Motel" 3-17 means a building containing rental units, used for catering to the needs of the traveling public by furnishing sleeping accommodation and may include a restaurant facility. 3.92 "Motor Home" means a self-propelled vehicle which provides sleeping and other necessary facilities while traveling or vacationing and includes such vehicles commonly known as truck campers and motorized campers. 3.93 "Motor Vehicle Body Shop" means a building used for the painting and/or repairing of motor vehicle bodies. 3.94 "Motor Vehicle Gasoline Bar" means an establishment with one or more pump islands used for the sale of fuel, oil and small accessories essential for the operation of motor vehicles, and may include an attendant shelter. 3.95 "Motor Vehicles Sales Establishment" means a place where motor vehicles are kept for display and sale, lease or rent. 3.96 "Motor Vehicle Service Station or Garage" means a building where motor vehicles are fuelled and/or serviced and may include minor and major mechanical repairs, vehicle washing facilities and a towing service. 3.97 "Motor Vehicle Storage Compound" means an area on a lot set aside for the storage of impounded vehicles. 3.98 "Municipality" means The Corporation of the Town of Ancaster. 3.99 "Nursery" means a place where trees, shrubs, plants, seeds and bulbs are propagated and sold, but does not include a landscape gardener or garden centre. 3.100 "Nursing Home" 3-18 means a nursing home as defined under The Nursing Home Act, being Chapter 320 of the Revised Statutes of Ontario, 1980, as amended from time to time. 3.100.1 "Outdoor Commercial Patio" (09-210) Shall mean any outdoor area used in conjunction with any establishment licensed under the Liquor License Act, where meals or refreshments are served to the public for consumption on the premises. 3.101 "Park, Private" means a recreational area other than a public park and may include outdoor or indoor swimming pools, wading pools, snack bars, camping areas, boating facilities, tennis courts, lawn bowling greens, gardens, golf courses or similar open space facilities, but excluding a miniature golf course and a golf driving range. 3.102 "Park, Public" means a recreational area owned or controlled by the Municipality or by any Board, Commission or other authority established under any statute of the Province of Ontario. 3.103 "Parking Area" means an area of land which is provided and maintained for the purpose of parking motor vehicles. 3.104 "Parking Space" means an area of land within a parking area which is provided for the parking of one motor vehicle for other than the purpose of sale or display. 3.105 "Person" includes an individual, association, firm, partnership, corporation, trust, incorporated company, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the same can apply according to law. 3.106 "Personal Service Shop" means a building wherein a personal service is performed including, but not so as 3-19 to limit the generality of the foregoing, a barber shop, beauty salon, shoe repair shop, dry cleaning establishment, laundry, laundromat, tailor or dressmaker's shop, photographic studio, and taxi dispatch office. 3.107 "Personal Services Shop, Hamlet" means a building wherein a personal service is performed including a barber shop, beauty salon, shoe repair shop, dry cleaning depot establishment, tailor or dressmaker's shop and photographic studio. 3.108 "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, industrial or manufacturing purposes, but does not include a wayside pit. 3.09 "Pit, Wayside" means a temporary pit opened and used by a public road authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. 3.110 "Place of Entertainment or Recreation" means an arena, a motion picture or other theatre including a drive-in-theatre, public hall, billiard hall, bowling alley, roller skating rink, dance hall, music hall, or an ice skating rink or any place providing similar entertainment or recreation. 3.111 "Planting Strip" means a strip of land within a required yard, located so as to act as a buffer and devoted solely to the growing of ornamental shrubs and/or trees. 3.112 "Porch, Unenclosed" Means a platform or series of platforms, attached to and accessory to a dwelling unit, exceeding a height of 60 cm measured from the lowest point of grade at the platform perimeter to the floor of the platform, being contiguous with and providing a means of access to the front entrance of a dwelling. Porches may be roofed over, screened-in and enclosed by a hand rail not exceeding a height of 122 cm above the platform floor, otherwise a porch shall not be enclosed. Any and all stairs, as measured to the exterior parameters of the framing structure, shall be considered to constitute part of the unenclosed porch with respect to all relevant setbacks and lot coverage regulations. Any unenclosed porch less than 60 3-20 cm in height shall not be considered to be a porch for the purpose of this by-law, but rather, shall be considered as landscaping material only. 3.113 "Principal Building" means any building in which is conducted the primary permitted use as opposed to an accessory use and may consist of one or more buildings. 3.114 "Principal Use" means the primary permitted use of a lot or land conducted on the land or in a building or buildings located on the same lot or land. 3.115 "Privacy Area" means an area reserved for the use of the occupants of a dwelling unit separated from adjacent dwelling units and communal areas by a privacy screen, and direct access to which is provided through a doorway from the dwelling unit. 3.116 "Privacy Screen" means a decorative wall or fence designed to shield a privacy area from view. 3.117 "Private Club" means a building used as a meeting place for members of an organization not operated for profit such as an athletic, social or recreational club. 3.118 Deleted. (25-156) 3.119 "Professional Office" means any office where professionally qualified persons, technical assistants and clerical staff are employed and where clients or patients receive advice or treatment. 3.120 "Quarry" means a place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes, but does not include a wayside quarry or open pit mine. 3.121 "Quarry, Wayside" means a temporary quarry opened and used by a public road authority solely for 3-21 the purpose of a particular project or contract of road construction and not located on the road right-of-way. 3.122 "Recreational Area or Use" means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, outdoor skating rinks, athletic fields, golf courses, campgrounds, picnic areas, swimming pools, day camps, and all similar uses, together with necessary - buildings and structures; but does not include a track for the racing of animals, motor vehicles, motor cycles, go-carts, all terrain vehicles or snowmobiles; and means the use of land for parks, playgrounds, tennis courts, lawn bowling greens, outdoor skating rinks, athletic fields, golf courses, campgrounds, picnic areas, swimming pools, day camps, and all similar uses, together with necessary buildings and structures; but does not include a track for the racing of animals, motor vehicles, motor cycles, go-carts, all terrain vehicles or snowmobiles; and does not include a miniature golf course and a golf driving range. 3.123 "Residential" means the use of land, buildings or dwellings for human habitation. 3.124 "Restaurant" means a building used for the purpose of serving food and/or refreshments including a licensed establishment, and may include take-out food facilities as an accessory use. 3.125 "Restaurant, Fast Food" means a building with or without seating and table accommodation, where food and refreshments are provided by outside or inside counter service and includes a drive-in restaurant but does not include a private cafeteria. 3.126 "Retail Store" means a building where goods, wares, merchandise, substances, articles or things are offered or kept for sale directly to the consumer. 3.127 "Roadside Stand" means a structure in an Agricultural Zone used only for the retailing of products grown on the premises. 3.128 "Satellite Dish Antennae" 3-22 means a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of shallow dish or cone, used to transmit and/or receive radio or electromagnetic waves between terrestrially and orbitally based uses, but shall not include radio antennae for public, emergency service, hospital or cellular telephone transmission or receptions. 3.128.1 "Secondary Dwelling Unit" means a separate and self-contained Dwelling Unit that is accessory to and located within the principal dwelling. (22-133) 3.128.2 "Secondary Dwelling Unit - Detached" means a separate and self-contained detached Dwelling Unit that is accessory to and located on the same lot as the principal dwelling. (22-133) 3.129 "Service Shop" (a) means a building used for the sale or repair of household articles, and includes radio, television and appliance repair shops; but (b) does not include industrial or manufacturing uses or motor vehicle service or repair shops. 3.130 "Shopping Centre" means a group of business establishments, predominantly retail commercial in nature, with a minimum of 750 square metres of leasable floor area, developed and managed as a unit by a single owner or tenant, or group of owners or tenants (in contrast to a business area comprising unrelated individual uses). 3.131 "Storage" (a) means the temporary placing of goods or material(s) normally associated with or incidental to the principal use of the land, outdoors on the same lot on which the principal use is located; but (b) does not include the parking of any inoperative vehicle. 3.132 "Storey" means that portion of a building or dwelling other than an attic or a half-storey, 3-23 basement or cellar, located between a floor and the ceiling next above. 3.133 "Storey, Half" means that portion of a dwelling located between the uppermost floor and the roof and having a minimum height of 2.29 m over at least 50% of the floor area or 2.13 m over all of the required floor area, and any part of the floor having a clear height of less than 1.4 m shall not be considered in computing the minimum floor area. 3.134 "Street" means a highway: (a) as defined under The Highway Traffic Act, being Chapter 198 of The Revised Statutes of Ontario, 1980, as amended from time to time, and The Municipal Act, being Chapter 302 of the Revised Statutes of Ontario, 1980, as amended from time to time; and (b) which has been opened, improved, regularly maintained and assumed for public use by the Municipality, the Regional Municipality of Hamilton- Wentworth, or the Province of Ontario unless such street has been opened, improved, regularly maintained and is within a Plan of Subdivision registered after the date of passing of this By-law pursuant to Subsection 50 (22) of the Planning Act, and is in accordance with any requirements of The Registry Act or The Land Titles Act, and for which the responsibility for public use has not been accepted or assumed by the Municipality notwithstanding an effective subdivision agreement with the Municipality may be registered on title. 3.135 "Street Line" means any lot line that divides a lot from a street. 3.136 "Structure" means anything constructed or erected, the use of which requires location in or on the ground or attachment to something having location on the ground. 3.137 "Swimming Pool" means any body of water contained by artificial means and used and maintained for the purpose of swimming, wading, diving or bathing. 3.138 "Temporary Building" 3-24 means a building or structure intended for removal or demolition within a prescribed time as set out in a building permit. 3.139 "Thermal Treatment" (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. 3.140 "Town" means The Corporation of the Town of Ancaster. 3.141 "Trailer" means a vehicle designed to be towed by a motor vehicle and which provides sleeping and other necessary facilities while traveling or vacationing. 3.142 "Trailer, Utility" means a vehicle designed to be towed by a motor vehicle and used for the purpose of transporting goods or animals, boats, bikes, race cars, or snowmobiles, but shall not include trailers commonly known as transport trailers. 3.143 "Trailer Park" means any land on which any trailer, motor home, or tent is used or intended to be used for vacation purposes only. 3.143.1"Urban Farm" (14-274) means land that is used for the growing and harvesting of edible plants, grains, vegetables or fruits and that the edible plants, grains, fruits and vegetables grown on-site may be sold on-site. It may include buildings and structures such as farm produce/product stand, greenhouses, hoop houses or cold frames. It shall not include a medical marihuana growing and harvesting facility, an aquaponics or acquaculture facility, livestock operation or a mushroom operation. It shall not be considered as landscaped area, landscape open space, landscaped strip or landscaping. 3.143.2 "Urban Farmers Market" (15-101) 3-25 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. 3.144 "Use" when used as a noun, means the purpose for which any land, building, structure is arranged, designed or intended to be utilized, occupied and/or maintained. When used as a verb, "use" and "used" shall have a corresponding meaning. 3.145 "Utility" means a "public utility" as defined by the Public Utilities Corporations Act, being Chapter 424 of The Revised Statutes of Ontario, 1980, as amended from time to time. 3.145.1"Value-added Local Agricultural Products" (15-101) means raw local agricultural products that have been grown or produced as part of farm operations in the City of Hamilton or Ontario farms which have been transformed into another product. 3.146 "Warehouse" means a building used for the bulk storage of goods, merchandise or materials and shall include wholesale establishments. 3.147 "Waste" (09-131) means materials that are defined as waste under Part V of the Environmental Protection Act. 3.148 "Waste Disposal Facility" (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. 3-26 3.149 "Waste Management Facility" (09-131) means the use of land, building, structure, or part thereof, for the storage, processing or disposition of waste or hazardous waste and for which a Certificate of Approval for such purpose under Part V of the Environmental Protection Act is required. Waste management facilities shall include the following uses: waste processing facilities; waste transfer facilities; hazardous waste management facilities; and, waste disposal facilities. 3.150 "Waste Processing Facility" (09-131) means the use of land, building, structure, or part thereof, for the sorting and processing of waste and recyclable materials and for which a Certificate of Approval for such purpose under Part V of the Environmental Protection Act is required. Waste processing facilities shall include but not be limited to: thermal treatment, blue box recyclable recovery facilities, open-air or in-vessel organics processing, wood waste recycling, construction and demolition waste recycling and/or a Co- generation Energy Facility, but shall not include a Motor vehicle Wrecking Establishment or a Salvage Yard. 3.151 "Waste Transfer Facility" (09-131) 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 sorting of such waste prior to its transport." 3.152 "Wholesale Establishment" means a building used for the bulk storage and sale of quantities of goods, merchandise and materials. 3.153 "Yard" means any area on a lot which is not occupied by principal buildings. 3.154 "Yard, Front" means the yard extending across the full width of a lot between the front lot line and the front wall or walls of any principal building. 3.155 "Yard, Rear" means the yard extending across the full width of a lot between the rear lot line 3-27 and the rear wall or walls of any principal building, and where there is no rear lot line, the rear yard is the yard between the side lot lines and the rear wall or walls of any principal building. 3.156 "Yard, Side" means the yard extending from the front yard to the rear yard of a lot and from the side lot line to the side wall or walls of any principal building. 3.157 "Yard, Minimum Front" means the least distance that any principal building may be to the front lot line and extends the full width of the lot. 3.158 "Yard, Minimum Rear" means the least distance that any principal building may be to the rear lot line and extends the full width of the lot, and where there is no rear lot line the minimum rear yard shall be a triangle with a base formed by the line connecting the side lot lines the relevant minimum rear yard setback from the vertex of the side lot lines. 3.159 "Yard, Minimum Side" means the least distance that any principal building may be to a side lot line and extends from the minimum front yard to the minimum rear yard. 4-1 SECTION 4: ZONES The following Zones are established within the Corporation of the Town of Ancaster, and such Zones may be referred to by the appropriate symbols: ZONES SYMBOLS Agricultural A Existing Residential ER Residential 1, 2, 3, 4 and 5 R1, R2, R3, R4 and R5 Residential Multiple 1, 2, 3, 4, 5 and 6 RM1, RM2, RM3, RM4, RM5 and RM6 Residential Hamlet RH Deferred Development D Neighbourhood Commercial C1 Shopping Centre Commercial C2 General Commercial C3 Urban Commercial C4 Rural Commercial C5 Motor Vehicle Services C6 Hamlet Commercial HC Village Area VA Industrial M1 Prestige Industrial M2 Light Industrial M3 General Industrial M4 Rural Industrial M5 Extractive Industrial M6 Institutional I Public P Private Open Space O1 Public Open Space O2 5-1 SECTION 5: ZONING MAPS, SETBACK STANDARDS AND MINIMUM SEPARATION DISTANCE FORMULAS Schedules "A" and "B" attached hereto, which may be cited as the "Zoning Maps", and Schedule "C" attached hereto which may be cited as the "Setback Standards", together with notations and references shown thereon, are hereby declared to form part of this By- law. 6-1 SECTION 6: INTERPRETATION 6.1 General In their interpretation and application the provisions of this By-law shall be held to be the minimum requirements for the promotion of public health, safety, convenience and 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 standard, shall govern. Nothing in this By-law shall exempt any person from complying with the requirements of any By-law of the Municipality or the Regional Municipality of Hamilton-Wentworth, or from any law of the Province of Ontario or of Canada, or any regulation under the provisions of the Conservation Authorities Act. 6.2 Symbols The symbols set opposite the name of each Zone respectively in Section 4 hereof and used in Schedules "A" and "B" attached hereto, refer to the Zones established in this By-law. 6.3 Defined Areas The extent and boundaries of all Zones as shown on Schedules "A" and "B" are hereby defined as areas to which the provisions of this By-law shall apply. 6.4 Zone Boundaries When determining the boundaries of any Zone as shown on Schedules "A" and "B", 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 natural feature or right-of-way. (c) A boundary indicated as approximately following lot lines shown on a registered plan of subdivision shall follow such lot lines. 6-2 (d) Where a boundary is indicated as approximately parallel to any street line or other feature in clauses (a) or (b) of this subsection, and the distance from such street line or other feature is not indicated, and clause (c) above is not applicable, such boundary shall be parallel to such street line or other feature, and the distance therefrom shall be determined according to the scale shown on Schedule "A" or "B". For scaling purposes reference must be made to the original full-scale maps. (e) A boundary indicated as following the limits of the Municipality shall follow such limits. (f) The limit of any map comprising any Schedule forming part of this By- law as shown on the Key Map of such Schedule shall be deemed to be the boundary of any Zone adjoining such limit. 6.5 Closings In the event of closure of a street or lane shown on any Schedule forming part of this By-law the property formerly in such street or lane shall be included within the Zone of the adjoining property on either side of such closed street or lane. If a closed street or lane is the boundary between two or more different Zones, the new Zone boundaries shall be the former centre line of the closed street or lane. 6.6 Certain Words In this By-law the word "Shall" is mandatory and not directory; words used in the present tense include the future; words in the singular number include the plural; and words in the plural include the singular number and "Building" includes part of a building. 6.7 Special Figures SECTION 39: SPECIAL FIGURES exists where figures referenced in the text of Zoning By-law No. 87-57 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. 7-1 SECTION 7: GENERAL PROVISIONS 7.1 Scope and Effect No person shall within the Town of Ancaster use any land or erect, alter or use any building or structure except in conformity with the provisions of this By-law. 7.2 By-law No. 1890 This By-law shall not make legal any use of land, building or structure or location of a building or structure which was illegal under the previous Town of Ancaster Zoning By-law No. 1890. 7.3 Restrictions on Changes The purpose for which any land, building or structure is used shall not be changed, no new building or structure or addition to any building or structure shall be constructed, and no land shall be divided, if the effect of such change, construction or division contravenes any of the provisions of the Bylaw, however, no lot, building or structure shall be deemed to contravene any regulation of this By-law only because a part of such lot has been or is conveyed to or acquired by a government authority. 7.4 (a) Legal Non-compliance Legally existing buildings and structures which do not comply with all regulations of this By-law may be restored or replaced if destroyed by fire or natural disaster, or demolished by order of any government authority provided such non-compliance is not increased. (b) Legal Non-conforming Uses A building containing a legal non-conforming use which is destroyed by fire or natural disaster, or demolished by order of any government authority, may be restored or replaced on its original site provided the floor area or dimensions are not increased. 7.5 Requirement for a Building Lot No building or structure shall be permitted to be erected or placed except upon a lot. 7-2 7.6 Uses Permitted Throughout the Town Nothing in this By-law shall prevent the use of any land within the Town of Ancaster as a public street or public park, or prevent the erection of any properly authorized traffic sign or signal, or any sign or notice of any government authority. This By-law shall apply to land, buildings and structures owned by Ontario Hydro and used for executive, administrative (including storage and workshop facilities), or retail purposes, or held under lease or licence from Ontario Hydro, and any undertaking of Ontario Hydro unless such undertaking is approved, or exempted, under the Environmental Assessment Act. Any existing facilities of Ontario Hydro required for the transmission, distribution and supply of electrical power are deemed to comply with this By-law. 7.7 Construction Site Buildings (a) The use of any land, building, structure or trailer for a construction camp, work camp, tool shed or site office incidental to on-site construction work is permitted, but only for so long as such use is necessary for such construction work that has neither been finished nor abandoned nor discontinued for sixty days. (b) The placing of a temporary real estate sales office in a residential subdivision is permitted. Siting and time of placement and removal shall be determined by Council. 7.8 Prohibited Uses (a) All uses of land, buildings or structures for a purpose not permitted under Section 7: General Provisions, and not listed under the permitted uses subsection of any zone are prohibited. The following uses are prohibited in any Zone: - Abbatoir - Adult Entertainment Parlours and Body Rub Parlours - Acid manufacturing - Ammonia manufacturing - Arcades as principal uses but not Arcades as accessory uses in accordance with the provisions of Section 7.2 1. - Asbestos, phosphate or sulphur product manufacturing - Asphalt, asphalt roofing and shingle plant - Coal, bones or wood distillation 7-3 - Brick, tile or terra cotta manufacturing - Carbon manufacture - Cement manufacturing - Charcoal plants - Chemicals, rubber, plastic, asphalt, and metals primary production - Chlorine and chlorine bleaches manufacturing - Citric acid manufacturing - Coke oven - Concrete mixing plants - Creosote treatment or manufacturing - Glue or grease manufacturing from animals or from human or animal waste - Incineration - Lampblack manufacturing - Lime operations - Locating or storing on any land for any purpose whatsoever any disused railroad car, street car body, truck or car body, or trailer without wheels whether or not the same is situated on a foundation - Outdoor sand-blasting operations - Organic chemicals manufacturing - Pesticide manufacturing - Petroleum, petroleum products manufacturing - Phthalic anhydride manufacturing - Propane gas manufacturing - Pulp and paper mills - Pyroxylin manufacturing - Rayon manufacturing - Salvage, scrap or vehicle wrecking yard - Soap and detergents manufacturing - Sodium citrate manufacturing - Solvent recovery plant - Tobacco processing - Taming or processing of pelts or leather - Tar and tar products manufacturing - Track for the racing of motor vehicles or motorcycles or for the operation of go-carts. - Vegetable oil and margarine processing and manufacturing - Vinegar works - Yeast plant 7-4 (b) Any use declared under the Health Protection and Promotion Act, 1983 to be noxious or offensive is prohibited. (c) Exclusive of uses permitted under 8.1 (a), the keeping or raising of any animal, wild or domesticated, including reptiles or fowl or birds, on any lot or in any building or structure is prohibited, but the keeping of up to three each of conventionally accepted household pets such as dogs, cats, hamsters, birds and rabbits, is permitted. (d) The use of trucks, trailers or transport trailers or similar vehicles for any advertising or retail commercial purpose is prohibited except for temporary periods at fall fairs, carnivals or shopping centres or for the sale of farm produce. (e) The disposal, through burying; of garbage, offal, refuse, chemicals and other similarly offensive or hazardous materials, is prohibited. (f) No land, building or structure shall be used for the manufacture of any explosive, flammable, toxic, or dangerous substance. 7.9 Multiple Uses Where any land, building or structure is used for more than one purpose, all provisions of this By-law relating to each use shall be complied with, however, no building or structure shall be located closer than 3 metres to any dwelling on a lot except a building or structure accessory to such dwelling. 7.10 Non-Residential Use No trailer or motor home (unless located in a trailer park), or truck or truck trailer, bus, streetcar, railway car, or any similar vehicle, or any principal building (except a dwelling) or structure or accessory building, shall be used as a dwelling unit. 7.11 Maximum Building Height (15-067) No person shall erect in any Zone: (a) a building, dwelling or structure that exceeds a height of 10.5 metres; or (b) an accessory building that exceeds a height of 4.5 metres; but (a) and (b) above does not apply to non-residential buildings and structures permitted in Subsection 8.1 (a) except buildings accessory to dwellings. 7-5 7.12 Yard Encroachments Subject to any other applicable provisions of this By-law, all minimum yards shall be open and unobstructed from the ground upwards, except that the following are permitted (a) sills, cornices, chimneys, bay windows or pilasters that project into any minimum yard a &stance of not more that 60 centimetres; and (b) eaves or gutters that project into any minimum side yard a distance of not more that 60 centimetres, or into any minimum front or minimum rear yard a distance of not more that 1.5 metres; and (c) balconies or open stairways that project into any minimum front or minimum rear yard a distance of not more than 1.5 metres, or into any minimum side yard a distance of not more than 45 centimetres; and (d) unenclosed porches that project into any minimum front yard a distance of not more than 1.5 metres, or into any minimum side yard a distance of not more than 45 centimetres and; (e) accessory buildings, subject to Subsection 7.18; and (f) fire escapes that project into any minimum side or minimum rear yard a distance of not more than one metre; and (g) signs in accordance with the Sign By-law of the Town; and (h) fences, trellises, free-standing walls, flag poles, antennae (except satellite dish receivers), light standards and similar accessory structures and appurtenances, and hedges, trees and shrubs. 7.13 Special Setbacks (a) On any corner lot in any Zone, no obstruction, whether permanent or temporary, that blocks vision between a height of 75 centimetres and 2.4 metres above the centre line grade of the street, is permitted within a daylighting triangle of 10 metres, except that the daylighting triangle may be reduced to 6 metres in the "VA" and "C3" Zones. (b) Where any street crosses a railway at the same grade, no building, dwelling or structure shall be erected within 45 metres of the point of intersection of the centre h e s of the railway and the street. (c) Where the regulations of a Zone include a requirement that the minimum yard 7-6 of a lot shall be a specific number of metres plus any applicable distance as specified in Schedule "C", such minimum yard shall be determined by measuring at right angles from the centre line of the street a distance equal to the sum of (i) the relevant minimum setback for the appropriate Zone; and (ii) the relevant distance specified in Schedule "C". (d) The following setbacks shall apply in or adjacent to an Agricultural "A" Zone: (i) 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. (07-112) 7.14 Parking and Loading Permanently maintained off-street parking and loading facilities shall be provided for every building or structure erected for, altered for, or converted to, any use permitted in any Zone, and the required facilities shall be provided at the time of construction, alteration or conversion. (a) General Provisions (i) The number of required parking spaces shall be as set out in 7.14 (b). Every building requiring frequent deliveries shall have, in addition to the required parking spaces, one or more loading spaces sufficient for its requirements and located to avoid interfering with any fire route, and each loading space shall be used for no other purpose and shall be of adequate size to facilitate its use. (ii) The parking facilities shall be located on the same lot as the principal use except as provided in clause (vi) of this subsection. (iv) The parking facilities shall have adequate access from a street to permit unobstructed ingress and egress of motor vehicles. Despite the foregoing, a parking space is permitted on a private driveway appurtenant to a detached, semi-detached, or street or block townhouse dwelling. (v) Each required parking or loading space shall be permanently accessible. 7-7 (vi) In a "C3" Zone and for commercial uses permitted in a "VA" Zone, parking areas may be located within 150 metres of the lot occupied by the commercial building, subject to a registered agreement that such areas shall be reserved for the exclusive use of the subject commercial building. (vii) Any above-grade communal parking structure shall require the same setback regulations as the principal building. (viii) Any below-grade communal parking structure shall require a minimum side yard and minimum rear yard setback of 1.5 metres and shall require from any street line the same setback as the principal building. (ix) No parking space shall be located: 1. in an "RM4" Zone closer to a street line than 6 metres, 2. in a "C1", "C3" and "VA" Zone and any Industrial Zone closer to a street line than 2 metres, 3. in a "C2", "C4", "C5", "C6", "HC", "O1", "O2", "I", and "P" Zone closer to a street line than 3 metres or closer to a lot line not abutting a street than 2 metres, 4. in an "RM3" and "RM4" Zone closer to any detached dwelling Residential Zone than 3 metres, 5. in a "C1", "C3", and "VA" Zone and any Industrial Zone closer to any Residential Zone than 2 metres, 6. in a "C2", "C4", "C5", "HC" and "C6" Zone closer to any Residential Zone than 6 metres, 7. in an "O1", "O2", "I" and "P" Zone closer to any Residential Zone than 3 metres. (x) In any Residential Zone, at-grade parking areas shall occupy not more than 35 percent of the total lot area. (xi) If the calculation of the required parking spaces results in a fraction, the next higher whole number shall apply, and when a building or lot 7-8 has more than one use, the required parking spaces shall be the s m required for the separate uses. (xii) Where required in a parking area or parking structure, each parking space shall have a minimum width of 2.6 metres and a minimum length of 5.5 metres, exclusive of any land required for access or driveways. (xiii) All parking areas required for the accommodation of more than two vehicles shall be constructed with a stable surface of concrete or asphalt, shall have adequate drainage and shall be permanently maintained. "In the Hamlet Commercial "HC" Zone, a stable surface of concrete or asphalt shall be required for the accommodation of 6 or more vehicles, exclusive of the parking spaces required for any residential use." (xiv) All parking areas required for the accommodation of more than four vehicles shall have lighting sufficient in intensity and number to provide for public safety, such lighting shall be directed away from abutting properties and streets, and the equipment shall be permanently maintained. (xv) Where a parking area which is required to provide for more than four vehicles abuts a lot containing a dwelling comprising one or two dwelling units, a permanently maintained planting strip of a minimum width of 3 metres shall be provided, except that in a "C2" Zone such width shall be 6 metres, and shall include fencing to provide a solid and effective screen. (xvi) Where a parking area which is required to provide for more than four parking spaces abuts a street, a permanently maintained planting strip of a minimum width of 3 metres shall be provided along the street line, and it shall be continuous except for aisles or driveways required for access to such parking area. (xvii) In any Commercial Zone, "I" and "P" Zone, parking spaces for the physically handicapped shall be assigned from the required parking spaces as follows: One space for up to 50 required spaces, plus one space for each additional 75 required spaces or part thereof, and the assigned space or spaces shall be the required spaces located nearest building entrances; each space shall have a minimum width of 3.5 metres; and each space shall be suitably identified for the use of the physically 7-9 handicapped only, by means of a sign mounted on a standard. (xviii) Notwithstanding Subsection (b) below, for any permitted commercial use(s) within the Village Area "VA" Zone, except a medical clinic including doctors, dentists, etc. within the definition of business office, 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 7.14 (b) below, shall only apply to the commercial use or uses contained within the increased gross floor area. (15-067) (b) Required Parking Spaces the number of spaces required for a use not listed elsewhere in this Subsection shall be sufficient to ensure containment of all necessary parking on the subject property. Minimum Required Parking Spaces (i) Residential Uses Each Dwelling Unit (A) Detached dwelling, 2 semi-detached dwelling, street townhouse dwelling, and triplex dwelling. (B) Block townhouse 2 plus 0.66 visitor and multi-plex parking spaces dwelling. (C) Apartment building 2 plus 0.33 visitor parking spaces (D) Dwelling for exclusive 1 plus 0.2 visitor use by the elderly parking spaces (E) Dwelling unit in a 2 commercial building (F) Secondary Dwelling Unit 1 space per unit Secondary Dwelling Unit - 7-10 Detached Minimum Required (ii) Commercial Uses Parking Spaces (A) Retail store and 1 space for each 25 personal service shop, square metres of floor business or government area or 4 spaces, office. whichever is greater. (B) Bank. 1 space for each 10 square metres of floor area. (C) Beer and liquor store. 1 space for each 3 square metres of public area. (D) Bowling alley. 2 spaces for each lane. (E) Theatre. 1 space for every 2 seats. (F) Billiard parlour. 2 spaces for each billiard table. (G) Motel, hotel or motor 1 space for each unit. hotel (H) Medical clinic. 4 spaces for each doctor. (I) Restaurant, lounge, 1 space for each 2 and other eating persons that can be and drinking accommodated at one establishments time, maximum designed capacity. (J) Fast food restaurant. 1 space for each 2.5 square metres of public floor area with minimum of 15 spaces. 7-11 (K) Wholesaling, 1 space for each 90 warehousing square metres and of and storage uses. floor area. (L) Service station, and 1 space for each 10 vehicle repair square metres of floor facilities. area. (M) Retail lumber and 1 space for each 15 building supply outlet. square metres of public floor area with a minimum of 15 spaces. (N) Self-service 1 space for each 2 dry cleaners machines. and laundromat. (O) Shopping centre. 6 spaces for each 100 square metres of floor area. (P) Supermarket 1 space for each 10 square metres of floor area. (Q) Golf Course 6 spaces for each hole. (R) Craft and Custom 1 space for each Workshop 35 square metres, provided that a minimum of two spaces shall be provided. Minimum Required (iii) Industrial Uses Parking Spaces Industrial use, service 1 space for each 45 and repair shop square metres of floor area or 1 space for each 2 employees, 7-12 whichever is greater. (iv) Institutional, Open Space, Minimum Required and Miscellaneous Uses. Parking Spaces (A) Sanatorium, convalescent 1 space for each 3 home, rest home, home beds. the young, aged or blind, mental hospital, nursing home, or similar institution. (B) Public or private 1 space for each 1.5 hospital beds. (C) Funeral home 1 space for each 3 square metres of floor area with a minimum of 20 spaces. (D) Church or place of 1 space for each 8 worship seats of seating capacity in the greater of the sanctuary, or all other rooms. (25-156) (E) Nursery school, child care centre, or public elementary school 1.5 spaces for each classroom or teaching Area. (F) Public or private 4 spaces for each secondary school, or classroom or teaching commercial school area. (G) University, college or 1 space for every 2.5 post-secondary school full-time students. (H) Auditorium, convention 1 space for every 2 meeting hall, community persons maximum centre, sports arena, stadium designed capacity. private or public athletic or recreational club, lodge, fraternity club, or any place of 7-13 assembly not specified elsewhere in this clause. (I) Post Office, museum, 1 space for each 70 public art gallery or library square metres of floor area or part thereof plus 3 parking spaces for each 4 employees. (J) Cemetery 20 spaces. 7.15 Lot Frontage and Area Exemption Where, on the date of passing of By-law No. 1890, a lot in an "A" Zone or any Residential Zone had less frontage and/or area than is required by the relevant zone regulations, such lot shall be deemed to be in compliance with the relevant minimum lot frontage and/or area requirements provided that it has not less than 15 metres of lot frontage and not less than an area of 1390 square metres. 7.16 Outdoor Swimming Pools Despite the provisions of Subsection 7.18: (a) An above-ground swimming pool and its supporting structure shall not be constructed closer than 1.5 metres to any lot line that does not abut a street, plus a distance equal to the height that the top edge of the supporting structure is above the grade at the lot line nearest to such pool or structure. (b) An above-ground Swimming pool and supporting structure to be constructed adjacent to a street line shall be set back from such street line the same minimum distance as the principal use is required to be set back under the relevant provisions of this By-law. (c) A totally inground swimming pool may be located within that portion of the minimum street side yard and the minimum rear yard, which is within the rear yard; however, in no case shall an inground pool be located less than 1.5 metres from any lot line. 7.17 Open Storage The following provisions apply except in any Residential Zone or in any "M2", "M3", and "M4" Zones: (a) Open storage of goods and/or materials shall not be permitted in any minimum 7-14 front yard or any minimum yard abutting a street. (b) Open storage of goods and materials shall be located a minimum of one metre from any side or rear lot line not abutting a street. (c) All open storage of goods and materials shall be totally screened from view from any street and from any Residential Zone with a planting strip. (d) Open storage of goods and materials shall not exceed the lesser of 10 percent of the lot area, 25 per cent of the relevant minimum lot coverage and 1,000 square metres. 7.18 Accessory Buildings (a) The following regulations apply to any building accessory to a dwelling in any Residential Zone or any "D" Zone, and any lot used for residential purposes in the "VA" Zone: (i) Accessory buildings shall not be located in any front yard. (ii) Accessory buildings excluding totally inground swimming pools shall not be located in any minimum side yard. (A) Notwithstanding Subsection 7.18 (a) (ii), accessory buildings excluding totally inground swimming pools shall not be located less than 1.5 metres from any side lot line for any lot located in an Existing Residential "ER" Zone. (18-221) (21- 183) (iii) Accessory buildings shall not be located less than 75 centimetres from any lot line, however; (A) on a corner lot, accessory buildings, excluding totally inground swimming pools, shall not be located less than 7.5 metres from the flanking street line; and (B) on a corner lot which has three street lines, or on a through lot, accessory buildings, excluding totally inground swimming pools, shall not be located less than 7.5 metres from the rear lot line. (iv) The maximum ground floor area for any accessory building shall be 40 square metres and the maximum height shall be 4.5 metres. 7-15 (v) The maximum lot coverage for accessory buildings, excluding unenclosed inground swimming pools, shall be 90 square metres provided that the coverage of all buildings on the lot does not exceed the "Maximum Lot Coverage" permitted in the relevant Zone. (vi) Accessory buildings in excess of 12 square metres ground floor area shall not be located in any minimum rear yard. (A) Notwithstanding Subsection 7.18 (a) (vi), accessory buildings in excess of 12 square metres ground floor area shall not be less than 7.5 metres from the rear lot line for any lot located in an Existing Residential "ER" Zone. (18-221) (vii) No accessory building shall be erected prior to the erection of a dwelling on the same lot except for non-habitable use in connection with the immediate construction of such dwelling. (viii) In no case shall any eave or gutter extend more than 30 centimetres into a required minimum setback area. (ix) For the purposes of Section 9.14.2, a Secondary Dwelling Unit - Detached, shall not be considered an accessory building or structure. (22-133) (b) The following regulations apply to any building accessory to the principal use in any Commercial Zone or on any lot used for commercial purposes in the "VA" Zone: (i) Accessory buildings shall not be located in any front yard. (ii) Accessory buildings shall not be located in any minimum side yard. (iii) Accessory buildings shall not be located less than 75 centimetres from any lot line, and not less than 2 metres from the boundary of any Residential Zone or lot with a residential use, except that on a corner lot accessory buildings shall not be located less than the relevant minimum side yard setback from the flanking street line. (iv) The maximum lot coverage for accessory buildings shall be 90 square metres provided that the coverage of all buildings on the lot does not exceed the "Maximum Lot Coverage" permitted in the relevant Zone. (v) The maximum height for accessory buildings shall be 4.5 metres. 7-16 (vi) In no case shall any eave or gutter extend more than 30 centimetres into a required minimum setback area. (c) The following regulations apply to any building accessory to the principal use in an "M5", "M6", "I", "O1", "O2", and "P" Zone: (i) Accessory buildings shall not be located in any front yard. (ii) The minimum yard regulations for principal buildings shall apply to accessory buildings. (iii) The maximum lot coverage for accessory buildings shall be: (A) 90 square metres for lots less than 2 hectares in area; and (B) .05 per cent for lots 2 hectares or greater in area, provided that the coverage of all buildings on the lot does not exceed the "Maximum Lot Coverage" permitted in the relevant Zone. (iv) The minimum distance from any principal building shall be 3 metres and in no case shall any eave or gutter project into this area. (v) The maximum height for accessory buildings shall be 4.5 metres. (vi) In no case shall any eave or gutter extend more than 30 centimetres into a required minimum setback area. (d) The regulations for accessory buildings in any "A" and "M2" through "M4" Zone are contained in the relevant sections. (e) The regulations for accessory buildings in an "M1" Zone are contained in Subsection 23.9. 7.19 Hazard Lands No building or structure shall be erected on lands that have inherent environmental hazards such as flood susceptibility, poor drainage, marshy or swamp conditions, erosion and unstable soils as delineated in an Ontario Regulation under Section 28 of the Conservation Authorities Act, R.S.O. 1980, as amended, unless such building or structure is approved and any required permit is issued by the Conservation Authority having jurisdiction. 7.20 Holding Zones 7-17 a) The prefix "H" may be used in conjunction with any zoning category of By- law 87-57, however, only agricultural uses and uses in existence at the time of the enactment of the By-law applying the holding symbol prefix are permitted. b) The "H" Holding symbol may be removed by Council without the necessity of a public meeting, and subject to giving notice of its intention to pass an amending By-law to remove the holding symbol, in accordance with the provisions of Section 35 of the Planning Act, 1983, provided that Council is satisfied that: i) appropriate sanitary sewage and storm water disposal facilities and a potable water supply are available, and ii) appropriate public road access is available, iii) a plan of subdivision has been approved for the site, under the provisions of Section 50 of The Planning Act, 1983, or a site plan has been approved for the land under Section 40 of The Planning Act, 1983; and iv) also satisfied, following consideration of a appropriate technical reports or studies, assessing any impacts of the proposed development on adjacent residential or other areas and how such impacts may be mitigated; that the proposed development will not negatively affect adjoining development; is appropriate for the land, and is in the best interest for orderly growth and development. 7.21 Arcades Notwithstanding the provisions of Section 7.8 (a), an Arcade is permitted as an accessory use to commercial uses that are permitted by this by-law with the exception of billiard parlours and pool halls, subject to the following provisions: (a) No more than 8 amusement devices including video games, pinball machines and other electronic or mechanical game machines shall be permitted. (b) Except in a Shopping Centre Commercial "C2" zone, a building or part thereof containing amusement devices shall be located no less than 100 metres from any school building. (c) Except in a Shopping Centre Commercial "C2" zone, a building or part thereof containing amusement devices shall be located no less than 30 metres 7-18 from any dwelling in a residential zone. 7.22 Satellite Dish Antennae (a) Satellite Dish Antennae may be installed in any zone where accessory buildings are permitted. They shall be located in accordance with the relevant regulations applicable to accessory buildings of the specific zone. (b) Except as noted in clause 7.22(a), satellite dish antennae may be mounted to a roof structure or any other part of a principal or accessory building provided that all of the regulations applicable to the principle building or accessory building shall apply to the satellite dish antennae. (c) Notwithstanding clause 7.22(b), satellite dish antennae shall not be permitted to be attached to any part of a building in any Commercial or Village Area "VA" Zone shown on Map 2, Schedule "B" of By-law 87-57, as amended, nor to any part of a building in a Residential Zone, except Residential Hamlet "RH" Zone. 7.23 Home Child Care (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-based business. (c) All the regulations of this By-law applicable to the principal dwelling shall continue to apply. 7.24 Home-based Business Home-based business may be conducted within a dwelling unit provided that the following standards are complied with in full at all times: (a) The use of the dwelling unit for business activity shall be clearly incidental and subordinate to its use for residential purposes; (b) No more that 25% of the floor area of the dwelling unit, up to a maximum of 300 square metres of floor area, shall be devoted to business activity; (c) The business activity shall not be conducted in an accessory structure or garage; (d) There shall be no outside operations, and no outside storage of equipment, 7-19 materials or goods associated with the business activity; (e) No more than one non-resident of the dwelling unit shall work and/or report to work at the location of the dwelling unit in addition to residents of the dwelling unit; and (f) No more than six customers shall visit a home-based business during any individual day. 7.25 Bed and Breakfast Establishments A bed and breakfast establishment may be conducted within a detached dwelling unit provided that the following standards are complied with in full at all times: a) The use of the dwelling unit for bed and breakfast activities shall be clearly incidental and subordinate to its use for residential purposes; b) A dwelling unit shall have no more than three guest rooms that can accommodate a maximum of six occupants in any Residential zone, and no more than three guest rooms that can accommodate a maximum of nine occupants in an Agricultural "A" zone; c) The proprietor of the bed & breakfast establishment shall reside on the premises; d) Meals for gain shall be offered only to the occupants of the guest rooms and not to the general public; e) One parking space shall be provided for each guest room in addition to the parking spaces required for the residential use; and f) Tandem parking shall be permitted in the case of parking spaces for bed and breakfast establishments. 7.26 Phased Registration of Condominiums (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. 7.27 Model Homes in Draft Plans of Subdivision (15-287) 7-20 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 Jot 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 Bylaw, 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. 7.28 Regulation for Consolidated Lot Development (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 purpose 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. 7.29 Adequate Services (06-038) Except for Section 7.27 - Model Homes in Draft Plans of Subdivision, no buildings or structures may be erected, used or occupied unless: i. adequate watermains, storm and sanitary sewer systems are existing or have been provided for in a binding and secured development agreement and all regulatory approvals have been received to the satisfaction of the General Manager of the Planning and Economic Development Department and/or his or her designate; or ii. where such services are not required or contemplated, an approved waste 7-21 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." 7.30 Outdoor Commercial Patios (09-210) (22-076) 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: (15-067) a) Design Requirements Outdoor Commercial Patios shall be designed and used to accommodate seating of customers b) Seating Capacity Requirements An Outdoor Commercial Patio shall be limited to a seated capacity of a minimum of 1.10 square metres of patio area per person. (15-067) c) Location Requirements: i) Except as provided in Subsection b) (ii) below, no Outdoor Commercial Patio shall be permitted on a lot where any lot line abuts a Residential Zone or where such lot is separated from a Residential Zone by a laneway; and, ii) Where only the rear lot line abuts a Residential Zone or the lot is separated from the Residential Zone by a laneway, an Outdoor Commercial Patio shall only be permitted in the front yard. 7.31 Uses Not Subject to the Zoning By-law (NOT FINAL & BINDING: By-law No. 26-047, March 04, 2026) Pursuant to Section 62.0.4 of the Planning Act, on any lands outside of the Greenbelt Area, as defined in the Greenbelt Act, as amended, the development or redevelopment 7-22 of a building or part of a building, the use of a building, or the use of the parcel of land on which the building is located, with funding pursuant to a funding agreement entered into by the Ministry of Labour, Immigration, Training and Skills Development for training or skills development purposes agreed to in the funding agreement, is not subject to the Planning Act. Accordingly, zoning is provided for information purposes only. 8-1 SECTION 8: AGRICULTURAL "A" ZONE No person shall within any Agricultural "A" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 8.1 Permitted Uses (a) Agricultural uses, buildings and structures and uses accessory thereto including one detached dwelling, and uses, buildings and structures accessory to the dwelling. (b) Home occupations existing at the date of passing of this By-law. (c) Kennels existing at the date of passing of this By-law. (d) The making or establishment of wayside pits and buildings and structures accessory thereto. 8.2 Regulations for Uses Permitted in Clause (a) of Subsection 8.1 (a) Minimum Lot Area 1,850 square metres (b) Minimum Lot Frontage 30 metres (c) Maximum Lot Coverage (i) Up to 4 hectares 400 square metres (ii) Over 4 hectares and up to 10 1,000 square metres (iii) Over 10 hectares 1 per cent (d) Minimum Front Yard (i) For agricultural 15 metres* (ii) buildings and structures For dwellings 7.5 metres* 8-2 8-3 (iii) Buildings and structures accessory to dwellings shall not be located in any front yard. (e) Minimum Side Yard (i) For agricultural buildings and structures 15 metres* (ii) For dwellings 3 metres, except on a corner lot the side yard abutting a street shall be 7.5 metres* (iii) Buildings and structures accessory to dwellings 2 metres, except on a corner lot the side yard abutting a street shall be 7.5 metres* (f) Minimum Rear Yard (i) For agricultural buildings 15 metres* and structures (ii) For dwellings 9 metres* (iii) Buildings and structures accessory to dwellings 2 metres (g) Minimum Floor Area for Dwellings (i) 100 square metres (h) Maximum Height (i) Dwellings 10.5 metres (ii) Buildings and structures accessory to dwellings 4.5 metres (i) Notwithstanding paragraph 8.2 (d) (i), roadside stands of not more than 10 square metres in area may be located less than 15 metres from the front lot line subject to Provincial or Regional road setback regulations. * Plus any applicable distance as specified in Schedule "C". 8-4 8.3 Regulations for Uses Permitted in Clause (b) of Subsection 8.1 (a) No goods, wares or merchandise shall be offered or exposed for sale which are not made or produced on the premises. (b) No publicly accessible waiting or service area shall be provided in the dwelling unit or on the lot. (c) No sign, display or other external evidence shall indicate that a home occupation is being carried on in the dwelling unit. (d) No equipment shall be used except equipment ordinarily used for housekeeping purposes or for recreational hobbies. (e) No traffic shall be generated in greater volume or in a manner other than would be consistent with that of a detached dwelling located in a rural area. (f) Not more than one commercial vehicle shall be used in connection with the home occupation. If the permitted commercial vehicle is other than a passenger vehicle or a station wagon or a panel truck exceeding a gross carrying capacity of 3/4 tonne, it shall be stored at all times within an enclosed garage. (g) Every home occupation shall be located in a dwelling and shall not occupy more than 25 percent of the floor area of the dwelling unit, or 40 square metres of floor area, whichever is less. 8.4 Regulations for Uses Permitted in Clause (c) of Subsection 8.1 (a) Minimum Front Yard 50 metres* (b) Minimum Side Yard 30 metres* (c) Minimum Rear Yard 30 metres* (d) No animals are permitted to be kept in an open area within any minimum front, side, or rear yard required in clauses (a), (b), and (c) of this subsection 8.4. (e) Maximum Lot Coverage 3 percent of lot area to a maximum of 450 square metres of floor area. * plus any applicable distance as specified in Schedule "C" 8-5 8.5 Regulations for Uses Permitted in Clause (d) of Subsection 8.1 Setback Requirements No wayside pit excavation or building or structure accessory thereto shall be made or established or located at a distance less than 15.5 metres from any lot line which does not abut a street, or at a distance less than 30.5 metres from any street plus any applicable distance as specified in Schedule "C". 8.6 Supplementary Regulations for Liquid Manure Storage Facilities No facilities for the storage of liquid manure, such as a masonry or metal holding tank or an earth excavation commonly known as a lagoon, intended to serve an agricultural operation such as a piggery, chicken house, cattle barn and cattle feed lot, shall be constructed or altered except in accordance with the following provision: The manure storage facility shall be erected not less than 15 metres from any lake, stream, pond, municipal drain or field drainage tile. 9-1 SECTION 9: GENERAL PROVISIONS FOR RESIDENTIAL ZONES 9.1 Residential Zones The following Zones are hereby classified as Residential Zones to which the provisions of this Section apply: Zone Symbol Existing Residential ER Residential 1, 2, 3, 4 and 5 (15-067) R1, R2, R3, R4 and R5 Residential Multiple 1 RM1 Residential Multiple 2 RM2 Residential Multiple 3 RM3 Residential Multiple 4 RM4 Residential Multiple 5 (15-067) RM5 Residential Multiple 6 (15-067) RM6 Residential Hamlet RH 9.2 Minimum Lot Frontage and Area Requirements for Lots Abutting Curved Streets In Residential "R1", "R2", "R3", "R4" and "R5" Zones, the minimum frontage as determined under Subsection 3.79 for a lot other than a corner lot may be reduced 2 metres provided: (15-067) (a) the centre line radius of the adjacent street is 60 metres or less; and (b) one or both of the side lot lines join the curved portion of the street line; and (c) the minimum area of the lot is increased by 70 square metres, however not more than 6 such lots are permitted on any one curve. 9.3 Mechanical and Unitary Equipment (15-067) 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 9-2 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. 9.4 Minimum Lot Requirements (a) The average lot width shall be not less than the relevant minimum lot frontage. (b) When subsection 3.79(c) is used to establish lot frontage, the front lot line so determined shall be not less that 75% of the relevant minimum lot frontage requirement. 9.5 Privacy Screens In any "RM2" and "RM3" Zone Privacy screens may be located within a minimum yard provided: (a) their height is a minimum of 1.8 metres and a maximum of 2.2 metres; and (b) the minimum distance from any screen to a street line shall be 7.5 metres; and (c) the minimum distance from any screen to a side lot line, except a lot line common to attached dwelling units in a semi-detached dwelling or a street townhouse dwelling, shall be 2.5 metres; and (d) the minimum distance from any screen to a rear lot line shall be 4 metres; and (e) the maximum total length of any screen shall be 15 metres and the maximum length of an individual straight section shall be 10 metres; and (f) they do not extend less than 3 metres from the rear wall. 9.6 Basement or Cellar No basement or cellar may be used for calculating the minimum floor area of any dwelling or dwelling Unit and no basement or cellar may be used as a complete dwelling unit except in an apartment building. 9-3 9.7 Open Storage (a) Commercial vehicles shall be parked or stored only within wholly enclosed buildings. (b) No person shall permit the open storage of any equipment or material unless such equipment or material is for use under permit on the premises, or for use incidental to the residential use. (c) The foregoing clauses (a) and (b) shall not prevent the parking of motor homes, trailers, recreational vehicles and utility trailers meant for the private use of the dwelling occupants, subject to the regulations of Subsection 7.13 (a), and for the purposes of this Subsection, trailers and recreational vehicles shall not include buses or converted buses, trucks or converted trucks, or any similarly converted vehicle. 9.8 Private Garage The floor elevation of a private garage shall be a minimum of 30 centimetres above the centre line of the street adjacent to the garage. a) Subsection 9.8 shall not apply to any lot located in an Existing Residential "ER" Zone. (19-303) 9.9 Satellite Dish Antennae Satellite Dish Antennae shall be permitted in any Residential zone provided it is located in accordance with the requirements of Section 7.22. 9.10 Decks (a) The following chart applies to those zones listed under Subsection 9.1, the Residential Multiple "RM5" Zone, and to the Agricultural "A" Zone where a deck is accessory to a residential use. Regulation Deck Requirements Over 60 cm to 1.2 m High Over 1.2 m High Up to 15m2 Over 15m2 Maximum Deck Area (i) No Maximum 15m2 40m2 Permitted in Front Yard No No No Permitted in Rear Yard Yes Yes Yes Permitted in Side Yard Yes Yes Yes Setback from a Street Line 3m 4.5m 6m 9-4 Setback from a Rear Lot Line 1.8m 4.5m 6m (ii) Setback from a Side Lot Line 45 cm (iii) As per the relevant principal dwelling setback As per the relevant principal dwelling Setback (i) Total combined area of all platforms over 1.2 m high. (ii) Represents the existing zoning standards, which are not changing. (iii) Where a side lot line extends from a common wall dividing attached dwelling units the setback shall not apply. (b) The area of decks shall be calculated by the chart in Subsection 9.10 (a) only and shall not be included in the calculation of lot coverage for the dwelling. 9.11 Urban Farm (14-274) (a) An urban farm shall be permitted in any residential zone, except a Residential Hamlet "RH" Zone, in accordance with the regulations of Subsection 9.11 (b), 9.11 (c), 9.11 (d) or 9.11 (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 metres squared. 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 metres squared, and no single building shall exceed 140 metres squared. iv) Any building or structure associated with the urban farm use which is greater than 35 metres squared 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 9-5 or structure associated with the urban farm use shall not exceed 10.5 metres. vi) Notwithstanding Section 7.18, any building or structure associated with the urban farm use which is 35 metres squared or less shall be considered as an accessory building or structure. vii) Notwithstanding the setback requirements for a principle building or accessory structure in any zone, a greenhouse shall have a minimum 7.5 metre setback from any property line. viii) All mechanical equipment shall be located within a building or structure. (c) Notwithstanding Section 9.11 (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 Section 3.144.1, no retail sales shall be permitted on-site. (d) Every urban farm in a residential zone, except a Residential Hamlet "RH" 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 Section 3.144.1, no retail sales shall be permitted on-site. (e) Notwithstanding Sections 9.11 (a), 9.11 (b) and 9.11 (c), and in addition to the provisions of Section 9.11(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 area: 9-6 Street From To 1 Wilson Street Dalley Drive Rousseaux Street 9.12 Community Gardens (14-274) (a) A community garden shall be permitted in any residential zone, except a Residential Hamlet "RH" Zone, in accordance with the regulations of Subsection 9.12 b) and 9.12 c). (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 Section 9.12 (a) and 9.12 (b), and in addition to the provisions of Section 9.12(c), a community garden within any Residential Zone shall only be located in the rear yard or on a roof top of a principle building in the following area: Street From To 1 Wilson Street Dalley Drive Rousseaux Street 9.13 Common Elements Condominiums (15-067) Notwithstanding the regulations of the "RM3" and "RM4" Zones, townhouse dwelling units may be developed in accordance with the applicable 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). 9.14 Secondary Dwelling Units and Secondary Dwelling Units - Detached (21-072)(21-167) (22-133) (a) Parking shall be provided in accordance with Section 7.14 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 9-7 required parking spaces which existed on May 12, 2021 for the existing dwelling shall continue to be provided and maintained; A. Notwithstanding Section 9.14 (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) In addition to the requirements of Section 7.14 (a) (xiii), the surface of a parking area may include permeable pavers. (b) Notwithstanding Section 6.3 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. 22-133 was approved by Council, will be evaluated against the provisions of Section 9.14 of this By-law, in effect before By- law No. 22-133 came into effect. (A) Notwithstanding Section 9.14 (b) i), if a Building Permit is not issued within 180 days of the effective date of this By-law, By-law No. 22-133 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 22-133 was approved by Council, provided the Building Permit application complies with Section 9.14 of this By-law, in effect the day before By-law No. 22-133 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 9.14 (b) i) or ii). (B) Once a Building Permit has been issued under Section 9.14 (b) i) or ii), or more than 180 days has transpired as per Section 9.14 (b) i) (A), the provisions of this By-law apply in all other respects. 9-8 9.14.1 Secondary Dwelling Unit (22-133) (a) For lands within a "ER", "R1", "R2", "R3", "R4", "R5", "RM1", and "RM2" 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 this By-law applicable to the existing dwelling shall continue to apply unless specifically provided in Section 9.14.1. NOTE: In accordance with Section 35.1 (1) of the Planning Act, R.S.O. 1990, a maximum of two Secondary Dwelling Units will be permitted within a Single-Detached Dwelling, a Semi-Detached Dwelling, or a Street Townhouse Dwelling on a lot. A Secondary Dwelling Unit - Detached will not be permitted on a lot containing two or more Secondary Dwelling Units. (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. (e) Notwithstanding Section 9.6, a Secondary Dwelling Unit may be permitted in a basement or cellar. 9.14.2 Secondary Dwelling Unit - Detached (22-133) (25-034) (a) For lands within a "ER", "R1", "R2", "R3", "R4", "R5", "RM1", and "RM2" Zone, a maximum of one Secondary Dwelling Unit - Detached shall be permitted on a lot containing a Single Detached Dwelling, a Semi-Detached Dwelling, or a Street Townhouse Dwelling. NOTE: In accordance with Section 35.1 (1) of the Planning Act, R.S.O. 1990, a maximum of two Secondary Dwelling Units will be permitted within a Single-Detached Dwelling, a Semi-Detached Dwelling, or a Street Townhouse Dwelling on a lot. A Secondary Dwelling Unit - Detached will not be permitted on a lot containing two or more Secondary Dwelling Units. (b) In addition to Section 9.14.2 (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: 9-9 (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 regulations of Section 9.14.2. (c) All the regulations of this By-law applicable to the existing dwelling shall continue to apply unless specifically provided in Section 9.14.2. (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 9.14.2 (e), an eave or a gutter may extend a maximum of 30 centimetres into a required minimum setback area. (ii) In addition to Section 9.14.2 (e), a landscape strip is required to be provided within the required side yard adjacent to a Secondary Dwelling Unit - Detached and shall be limited to sod, ground cover, permeable pavers, or a planting strip, and may including 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. (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 Secondary Dwelling 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, 9-10 (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. (i) Notwithstanding Section 9.14.2 (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. (i) In addition to Sections 9.14.2 (j) and 9.14.2 (j) (ii), and notwithstanding any other provisions of this By-law, the maximum combined lot coverage of all buildings on a lot containing a Secondary Dwelling Unit - Detached shall be 45%. (ii) In addition to Section 9.14.2 (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. 9.15 Converted Dwellings (22-191) (a) For the purpose of Section 9.15, a Converted Dwelling shall mean a Single Detached Dwelling, existing as of June 2, 2022, converted to contain greater than two but no more than four Dwelling Units. (b) A Converted Dwelling shall be permitted on a lot in a "R1", "R2", "R3", "R4", "R5", or "RM1" Zone, identified on Figure 1 of Section 39: Special Figures. (c) All the regulations of this By-law applicable to the existing dwelling shall continue to apply unless specifically provided in Section 9.15. (d) Notwithstanding any applicable regulations of this By-law, no more than four Dwelling Units shall be permitted on a lot subject 9-11 to Converted Dwelling permissions and identified in Section 9.15 (b). (e) No parking spaces are required for Dwelling Units within a Converted Dwelling, provided the required parking spaces which existed on XX, 2022 for the existing dwelling shall continue to be provided and maintained. (i) Notwithstanding Section 9.15 (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. 10-1 SECTION 10: EXISTING RESIDENTIAL "ER" ZONE No person shall within any Existing Residential "ER" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 10.1 Permitted Uses One detached dwelling on one lot and uses, buildings and structures accessory thereto. 10.2 Definitions (18-105) Notwithstanding Subsections 3.154, 3.155, 3.156, 3.157, 3.158, 3.159, the following definitions shall apply for the purposes of Existing Residential "ER" Zone: "Lot Line, Flankage" means a lot line other than a front lot line that abuts a street. "Setback" means the distance between a lot line and the nearest part of any building or specified structure exclusive of any permitted yard projections on the lot. "Yard, Flankage" means a yard extending from the front yard to the rear yard of a lot along a lot line which abuts a street measured to the nearest part of a building on a lot. "Yard, Front" means a yard extending across the full width of a lot measured between the front lot line and the nearest part of a building on a lot. "Yard, Rear" means a yard extending across the full width of a lot measured between the rear lot line and the nearest part of a building on the lot. "Yard, Side" means a yard extending from the front yard to the rear yard measured between the side lot line and the nearest part of a building on a lot. 10.3 Regulations (18-105) The regulations for the lots in the ER Zone are set out in the clauses below and Tables 10.3.1 to 10.3.7: 10-2 Table 10.3.1 - Minimum Lot Area Regulation Lot Area Minimum 695 square metres Table 10.3.2 - Lot Frontage Regulation Lot Frontage Minimum 18 metres Table 10.3.3 - Maximum Lot Coverage Regulation One-storey Two-Storey Lots with an area less than or equal to 1,650 square metres Maximum 35 percent Lots with an area greater than 1,650 square metres Maximum 30 percent Maximum 20 percent 10-3 Table 10.3.4 - Front Yard Setback Regulation Lot between two interior lots or a lot between an interior lot and a corner lot that has two adjacent dwellings facing the same street Within 20 percent of the average front yard setback of the two nearest principal dwellings on either side of the lot (1) (2) Lot between an interior lot and a corner lot that has one adjacent dwelling facing another street Within 20 percent of the average front yard setback of the one nearest principal dwelling of the interior lot (1) (2) Corner Lot that has one adjacent dwelling facing the same street Within 20 percent of the average front yard setback of the one nearest principal dwelling facing the same street (1) (2) (3) Other cases not described in this Table Minimum 7.5 metres Maximum 9.0 metres (1) In no cases shall the front yard setback be less than 5.0 metres. (2) In cases where the average front yard setback of the nearest principal dwelling(s) is less than 5.0 metres, the front yard setback shall not be less than 5.0 metres and greater than 6.0 metres. (3) In cases where the principal dwelling on the corner lot faces the flankage lot line, Table 10.3.4 shall be applied to the flankage yard and Table 10.3.5 shall be applied to the front yard. 10-4 Table 10.3.5 - Side Yard Setback (22-085) Regulation Lots with a frontage less than or equal to 23 metres 2.0 metres for an interior side yard (1) (2) 6.0 metres for a flankage yard (1) (2) Lots with a frontage greater than 23 metres 10 percent of the lot frontage to a maximum setback of 5.0 metres for an interior side yard (1) (2) 6.0 metres for a flankage yard (1) (2) (1) A minimum of one metre within the side yard shall be unobstructed and shall not contain structures, walkways, sidewalks, hard surfaced material, and landscaping other than sod. (2) Notwithstanding (1), a fence or gate shall be permitted to traverse the minimum one metre within the side yard described in (1). Table 10.3.6 - Rear Yard Setback (22-085) Regulation Lots with a depth less than or equal to 40 metres 25 percent of the lot depth and no less than 7.5 metres (1) (2) Lots with a depth greater than 40 metres and less than or equal to 45 metres 30 percent (1) (2) Lots with a depth greater than 45 metres and less than or equal to 50 metres 35 percent (1) (2) Lots with a depth greater than 50 metres 40 percent (1) (2) 10-5 Regulation (1) A minimum of one metre within the rear yard shall be unobstructed and shall not contain structures, walkways, sidewalks, hard surfaced material, and landscaping other than sod. (2) Notwithstanding (1), a fence or gate shall be permitted to traverse the minimum one metre within the side yard described in (1). Table 10.3.7 - Maximum Height Regulation One-storey Maximum 7.5 metres(1) Two-storeys Maximum 9.5 metres(1) (1) Section 7.11(a) shall not apply. 10.3.1 An attached or detached garage or carport shall be permitted to project a maximum of 2.0 metres beyond the front façade of a dwelling, and a maximum of 2.0 metres beyond the side façade of a dwelling situated on a corner lot. In no case shall an attached or detached garage or carport be located within a front yard or flankage yard. 10.3.2 Notwithstanding Subsection 7.12 (c) and (d), balconies, decks, and enclosed and unenclosed porches shall not be permitted above the first storey within any side yard. 10.3.3 Subsection 7.13 (c) shall not apply to any lot within an Existing Residential "ER" Zone. 10.3.4 Schedule "C" shall not apply to any lot within an Existing Residential "ER" Zone. 10.3.5 Notwithstanding Subsection 7.15 and any other provisions of this By-law, any lot within the Existing Residential "ER" Zone of this By-law and the location thereon of any building or structure, existing on the effective date of this By-law, shall be 10-6 deemed to comply with the regulations for any required setbacks, front yard, side yard, flankage yard, rear yard, lot frontage, lot area and building height and are permitted by this By-law. 10.3.6 Parking Regulations (i) Notwithstanding Subsection 7.14 (a) (xii), each parking space shall have a minimum width of 3.0 metres and a minimum length of 5.8 metres, exclusive of any land required for access or driveways. (ii) In addition to clause 10.3.6 (i), for parking spaces located within private residential garages, the parking space shall have a minimum width of 3.5 metres and a minimum length of 6.0 metres, 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 0.3 metres into the required width or length of a parking space. 10.3.7 Accessory Buildings The provisions of Subsection 7.18 (a) shall apply. 10.3.8 Secondary Dwelling Units The provisions of Subsection 9.14 shall apply 11-1 SECTION 11: RESIDENTIAL "R1", "R2" AND "R3" ZONES No person shall within any Residential "R1", "R2" or "R3" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 11.1 RESIDENTIAL "R1" ZONE 11.1.1 Permitted Uses (a) One detached dwelling on one lot and uses, buildings and structures accessory thereto. (b) In addition to the use permitted in Section 11.1.1 (a), on a lot identified on Figure 1 of Section 39: Special Figures, the following additional uses are permitted: (i) One semi-detached dwelling and uses, buildings and structures accessory thereto. (ii) Street townhouse dwellings and uses, buildings and structures accessory thereto. 11.1.2 Regulations for the Use Permitted in Subsection 11.1.1 (a) (a) Minimum Lot Area 800 square metres, except on a corner lot the minimum lot area shall be 900 square metres. (b) Minimum Lot Frontage 24 metres, except on a corner lot the minimum lot frontage shall be 28 metres. (c) Maximum Lot Coverage 35 percent. (d) Minimum Front Yard 7.5 metres, plus any applicable distance as specified in Schedule "C". (e) Minimum Side Yard 2.5 metres, except: (i) on an interior lot where no attached carport or attached garage is provided, the minimum side yard on one side shall be 5.5 metres; and (ii) on a corner lot, the minimum side yard abutting a street shall be 6.5 metres plus any applicable distance as specified in Schedule 11-2 "C". (f) Minimum Rear Yard 7.5 metres. (g) Maximum Height 10.5 metres. (h) Accessory Buildings The provisions of Subsection 7.18 (a) shall apply. (i) Secondary Dwelling Units The provisions of Subsection 9.14 shall apply. (j) Converted Dwellings The provisions of Subsection 9.15 shall apply. 11.1.3 Regulations for the Uses Permitted in Subsection 11.1.1 (b) (a) The regulations of subsection 14.2 shall apply to semi-detached dwellings. (b) The regulations of subsection 15.2 shall apply to street townhouse dwellings. 11-3 11.2 RESIDENTIAL "R2" ZONE 11.2.1 Permitted Uses (a) One detached dwelling on one lot and uses, buildings and structures accessory thereto. (b) In addition to the use permitted in Section 11.2.1 (a), on a lot identified on Figure 1 of Section 39: Special Figures, the following additional uses are permitted: (i) One semi-detached dwelling and uses, buildings and structures accessory thereto. (ii) Street townhouse dwellings and uses, buildings and structures accessory thereto. 11.2.2 Regulations for the Use Permitted in Subsection 11.2.1 (a) The regulations of subsection 11.1.2. shall apply with the following exceptions to clauses (a), (b), and (e) (a) Minimum Lot Area 700 square metres, except on a corner lot the minimum lot area shall be 800 square metres. (b) Minimum Lot Frontage 21 metres, except on a corner lot the minimum lot frontage shall be 25 metres. (c) Minimum Side Yard 1.8 metres, except: (i) on an interior lot where no attached carport or attached garage is provided, the minimum side yard on one side shall be 4.8 metres; and (ii) on a corner lot, the minimum side yard abutting a street shall be 5.8 metres plus any applicable distance as specified in Schedule "C". 11.2.3 Regulations for the Uses Permitted in Subsection 11.2.1 (b) (a) The regulations of subsection 14.2 shall apply to semi-detached dwellings. 11-4 (b) The regulations of subsection 15.2 shall apply to street townhouse dwellings. 11.3 RESIDENTIAL "R3" ZONE 11.3.1 Permitted Uses (a) One detached dwelling on one lot and uses, buildings and structures accessory thereto. (b) In addition to the use permitted in Section 11.3.1 (a), on a lot identified on Figure 1 of Section 39: Special Figures, the following additional uses are permitted: (i) One semi-detached dwelling and uses, buildings and structures accessory thereto. (ii) Street townhouse dwellings and uses, buildings and structures accessory thereto. 11.3.2 Regulations for the Use Permitted in Subsection 11.3.1 (a) The regulations of subsection 11.1.12 shall apply with the following exceptions to clauses (a), (b), and (e): (a) Minimum Lot Area 600 square metres, except on a corner lot the minimum lot area shall be 700 square metres. (b) Minimum Lot Frontage 18 metres, except on a corner lot the minimum frontage shall be 22 metres. (c) Minimum Side Yard 1.5 metres, except: (i) on an interior lot where no attached carport or attached garage is provided, the minimum side yard on one side shall be 4.5 metres; and (ii) on a corner lot, the minimum side yard abutting a street shall be 5.5 metres plus any applicable distance as specified in Schedule "C". 11-5 11.3.3 Regulations for the Use Permitted in Subsection 11.3.1 (b) (a) The regulations of subsection 14.2 shall apply to semi-detached dwellings. (b) The regulations of subsection 15.2 shall apply to street townhouse dwellings. 12-1 SECTION 12: RESIDENTIAL "R4" ZONE No person shall within any Residential "R4" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 12.1 Permitted Uses (a) One detached dwelling on one lot and uses, buildings and structures accessory thereto. (b) In addition to the use permitted in Section 12.1 (a), on a lot identified on Figure 1 of Section 39: Special Figures, the following additional uses are permitted: (i) One semi-detached dwelling and uses, buildings and structures accessory thereto. (ii) Street townhouse dwellings and uses, buildings and structures accessory thereto. 12.2 Regulations for the Use Permitted in Subsection 12.1 (a) (a) Minimum Lot Area 400 square metres, except on a corner lot the minimum lot area shall be 500 sq. m. (b) Minimum Lot Frontage 12 metres, except on a corner lot the minimum lot frontage shall be 16 metres. (c) Maximum Lot Coverage 35 percent. (d) Minimum Front Yard 7.5 metres, plus any applicable distance as specified in Schedule "C". (e) Minimum Side Yard 1.2 metres, except: (i) on an interior lot where no attached carport or attached garage is provided, the minimum side yard on one side shall be 4.2 metres; and (ii) on a corner lot, the minimum side yard abutting a street shall be 5.2 metres plus any applicable distance as specified in Schedule "C". 12-2 (f) Minimum Rear Yard 7.5 metres. (g) Maximum Height 10.5 metres. (h) Parking Each dwelling unit shall have one of the two required parking spaces within a private garage or carport. (i) Accessory Building The provisions of Subsection 7.18 (a) shall apply. (j) Secondary Dwelling Units The provisions of Subsection 9.14 shall apply (k) Converted Dwellings The provisions of Subsection 9.15 shall apply. 12.3 Regulations for the Use Permitted in Subsection 12.1 (b) (a) The regulations of subsection 13.2 shall apply to semi-detached dwellings. (b) The regulations of subsection 15.2 shall apply to street townhouse dwellings. 13-1 SECTION 13: RESIDENTIAL "R5" ZONE No person shall within any Residential "R5" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 13.1 Permitted Uses (a) One detached dwelling and uses, buildings and structures accessory thereto. (b) One semi-detached dwelling and uses, buildings and structures accessory thereto. (c) In addition to the uses permitted in Section 13.1 (a) and (b), on a lot identified on Figure 1 of Section 39: Special Figures, the following additional use is permitted: (i) Street townhouse dwellings and uses, buildings and structures accessory thereto. 13.2 Regulations for Use Permitted in Subsection 13.1 (a) and (b) (a) Minimum Lot Area 275 square metres for a detached dwelling and 247 square metres per unit for a semi-detached dwelling, except on a corner lot the minimum lot area shall be 385 square metres for a detached dwelling and 357 square metres for the corner unit of semi-detached dwellings. (b) Minimum Lot Frontage 10 metres for a detached dwelling and 9 metres per unit for a semi- detached dwelling, except on a corner lot the minimum lot frontage shall be 14 metres for a detached dwelling and 13 metres for the corner unit of semi-detached dwellings. (c) Maximum Lot Coverage 40 percent 13-2 (d) Minimum Front Yard 7.0 metres plus any applicable distance as specified in Schedule "C", and dwellings cannot have a front yard setback that is more than 1.5 metres greater than the setback of any garage. (e) Minimum Side Yard 1.2 metres, except on a corner lot, the minimum side yard abutting a street shall be 5.2 metres plus any applicable distance as specified in Schedule "C". (f) (g) (h) Minimum Rear Yard Maximum Height Parking 7.0 metres 10.5 metres Each dwelling unit shall have one of the two required parking spaces within a private garage and driveways shall occupy no more than 50 percent of any front yard. (i) Accessory Building The provisions of Subsection 7.18 (a) shall apply. (j) Secondary Dwelling Units The provisions of Subsection 9.14 shall apply. (k) Converted Dwellings The provisions of Subsection 15.2 shall apply. 13.3 Regulations for the Use Permitted in Subsection 13.1 (c) The regulations of subsection 15.2 shall apply. 14-1 SECTION 14: RESIDENTIAL MULTIPLE "RM1" ZONE No person shall within any Residential Multiple "RM1" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 14.1 Permitted Uses (a) One semi-detached dwelling and uses, buildings and structures accessory thereto. (b) In addition to the use permitted in Section 14.1 (a), on a lot identified on Figure 1 of Section 39: Special Figures, the following additional use is permitted: (i) Street townhouse dwellings and uses, buildings and structures accessory thereto. 14.2 Regulations for the Use Permitted in Subsection 14.1 (a) (a) Minimum Lot Area (i) 800 square metres, except on a corner lot the minimum lot area shall be 1,000 square metres; and (ii) the minimum lot area for each dwelling unit shall be 400 square metres, except on a corner lot the minimum lot area for the corner dwelling unit shall be 600 square metres. (b) Minimum Lot Frontage (i) 24 metres, except on a corner lot the minimum lot frontage shall be 30 metres, and (ii) the minimum lot frontage for each dwelling unit shall be 12 metres, except on a corner lot the minimum frontage for the corner dwelling unit shall be 18 metres. (c) Maximum Lot Coverage 35 percent. (d) Minimum Front Yard 7.5 metres, any applicable distance as specified in Schedule "C". 14-2 (e) Minimum Side Yard 3 metres, except: (i) where an attached garage or attached carport with no rooms above is provided, the minimum side yard shall be 1.5 metres; and (ii) on an interior lot where no attached garage or attached carport is provided the minimum side yard shall be 4.5 metres; and 14-3 (iii) notwithstanding the foregoing regulations, on a corner lot the minimum side yard abutting a street shall be 7.5 metres, plus any applicable distance as specified in Schedule "C". (f) (g) (h) Minimum Rear Yard Maximum Height Parking 7.5 metres. 10.5 metres. Each dwelling unit shall have one of the two required parking spaces with a private garage or carport. (i) Planting Strip Notwithstanding the other provisions of this Subsection, where the boundary of a Residential "RM1" Zone adjoins lands zoned Existing Residential "ER" or Residential "R1", "R2", or "R3", a planting strip of minimum 3 metres width adjoining such boundary shall be provided. (j) Accessory Buildings The provisions of Subsection 7.18 (a) shall apply. (k) Secondary Dwelling Units The provisions of Subsection 9.14 shall apply. (l) Converted Dwellings The provisions of Subsection 9.15 shall apply. 14.3 Regulations for the Use Permitted in Subsection 14.1 (b) The regulations of subsection 15.2 shall apply. 15-1 SECTION 15: RESIDENTIAL MULTIPLE "RM2" ZONE No person shall within any Residential Multiple "RM2" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 15.1 Permitted Uses Street townhouse dwellings and uses, buildings and structures accessory thereto. 15.2 Regulations (a) Minimum Lot Area 1,850 square metres of total parcel area per dwelling and 280 square metres per dwelling unit. (b) Minimum Lot Frontage 50 metres of total parcel frontage per dwelling and 9 metres per dwelling unit except: (i) On a corner lot the minimum lot frontage for a dwelling end unit adjacent to the flanking street shall be 17 metres. (ii) For a dwelling end unit which does not abut a flanking street the minimum lot frontage shall be 11.5 metres. (c) (d) (e) Minimum Lot Depth Maximum Lot Coverage Minimum Front Yard 30 metres. 35 percent. 7.5 metres plus any applicable distance as specified in Schedule "C". (f) Minimum Side Yard 2.5 metres for a dwelling end unit which does not abut a flanking street and for a dwelling end unit abutting a flanking street the minimum side yard shall be 7.5 metres plus any applicable distance as specified in Schedule "C". (g) Minimum Rear Yard 7.5 metres. 15-2 (h) Maximum Height 10.5 metres. (i) Minimum Landscaping 30 percent of the lot area (including required privacy area). (j) (Deleted). (k) Dwelling Unit Placement (i) Not more than eight dwelling units shall be attached in a continuous row. (ii) Not more than four attached dwelling units shall be erected in a row without offsetting or staggering the front face or wall of the dwelling a minimum of 1 metre or without varying the exterior design and materials of the front face or wall of the dwelling. (l) Parking Each dwelling unit shall have one of the two required parking spaces located within an attached private garage or within the dwelling unit. (m) Setback from Detached Dwellings No front yard shall abut the rear yard of a detached dwelling (n) Secondary Dwelling Units The provisions of Subsection 9.14 shall apply. 16-1 SECTION 16: RESIDENTIAL MULTIPLE "RM3" ZONE No person shall within any Residential Multiple "RM3" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 16.1 Permitted Uses Block townhouse dwellings and uses, buildings and structures accessory thereto. 16.2 Regulations (a) (b) Minimum Lot Area Maximum Density 0.4 hectare. 22 dwelling units per hectare plus an additional 3 dwelling Units per hectare where all parking spaces (excluding required visitor parking) are provided under landscaped grounds or inside the building with not more than one common entrance per 8 parking spaces, plus 2 additional dwelling units per hectare where the lot abuts lands zoned Public Open Space "O2" which lands are not less than 2 hectares in area, to a maximum density of 27 dwelling units per hectare. (c) Minimum Lot Frontage 46 metres. (d) Minimum Lot Depth 23 metres. (e) Maximum Lot Coverage 25 percent, except the maximum lot coverage may be increased in direct proportion to the percentage of landscaped open space in excess of 50% of the lot area, but shall not exceed 30%. (f) Minimum Front Yard 10.5 metres, plus any applicable distance as specified in Schedule "C". (g) Minimum Side and Rear Yards 7.5 metres, except: 16-2 (i) 10.5 metres abutting a street plus any applicable distance as specified in Schedule "C"; and (ii) 9 metres where a living room window faces a side or rear yard; and (iii) 11 metres where an existing detached dwelling is less than 5 metres from the adjacent lot line. (h) (i) Maximum Height Minimum Landscaping 10.5 metres. 50 percent of the lot area (including required privacy areas). (j) Planting Strip Where the boundary of a Residential "RM3" Zone adjoins lands zoned Existing Residential "ER", or Residential "R1", "R2", or "R3", a planting strip of minimum 3 metres width adjoining such boundary shall be provided. (k) Minimum Privacy area per Dwelling Unit 37 square metre area which shall be screened on two sides by means of a privacy screen. (1) Dwelling Unit Placement (i) Not more than 8 dwelling units shall be attached in a continuous row; and (ii) Not more than 4 attached dwelling units shall be erected in a row without offsetting the units a minimum of 1 metre or without varying the exterior design and materials of the front face or wall of the dwelling. (m) Parking: The following requirement is in addition to the provisions of Subsection 7.14 hereof: Each dwelling unit shall have one of the two required parking spaces located within an attached private garage and the second shall be provided contiguous with the unit, however, both spaces may be located underground or in a parking structure. 16-3 (n) Children's Outside Play Area A curbed or fenced children's outside play a minimum area of 7 square metres per dwelling unit shall be provided and maintained. (o) Accessory Buildings The provisions of Subsection 7.18 (a) shall apply, except that no accessory building shall be permitted in any yard that is adjacent to a living room window. An above-grade communal parking structure or building shall be deemed a principal building. 17-1 SECTION 17: RESIDENTIAL MULTIPLE "RM4" ZONE No person shall within any Residential Multiple "RM4" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 17.1 Permitted Uses Block townhouse dwellings and uses, buildings and structures accessory thereto. 17.2 Regulations (a) (b) Minimum Lot Area Maximum Density 0.4 hectare 30 dwelling units per hectare plus an additional 5 dwelling units per hectare where all parking spaces (excluding required visitor parking) are provided under landscaped grounds or inside a building, plus 2 additional dwelling units per hectare where the lot abuts lands zoned Public Open Space "O2" which lands are not less than 2 hectares in area, to a maximum density of 37 dwelling units per hectare. (c) Minimum Lot Frontage 46 metres (d) Minimum Lot Depth 23 metres (e) Maximum Lot Coverage 30 percent (f) Minimum Front Yard 7.5 metres where the facade with a primary entrance faces the street or 10.5 metres, plus any applicable distance as specified in Schedule "C" (g) Minimum Side and Rear Yards 7.5 metres (h) Maximum Height 10.5 metres (i) Minimum Landscaping 45 percent of the lot area (including required privacy areas) 17-2 (j) Planting strip A planting strip of a minimum of 3 metres in width along the lot lines shall be provided. (k) Minimum Privacy Area 35 square metres per unit (l) Unit Placement No more than 8 dwelling units shall be attached in a continuous row (m) Parking In addition to the parking requirements of Subsection 7.14 hereof, each dwelling shall have at least one of the two required parking spaces (excluding required visitor parking) within an enclosed building or located underground. (n) Children's Play Area A curbed or fenced children's outside play area that is a minimum of 7 square metres per dwelling unit shall be provided and maintained. (o) Accessory Buildings The provisions of Subsection 7.18 (a) shall apply, except that an above-grade communal parking structure or building shall be deemed a principal building. (p) Building Separation A townhouse building shall be no closer to another townhouse building on the same lot in accordance with the following distance requirements: Facade Rear Wall End Wall Facade 18.0 m 19.5 m 15.0 m Rear Wall 19.5 m 15.0 m 10.5 m End Wall 15.0 m 10.5 m 3.0 m 18-1 SECTION 18: RESIDENTIAL MULTIPLE "RM5" ZONE No person shall within any Residential Multiple "RM5" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 18.1 Permitted Uses Triplex dwellings, multi-plex dwellings and uses, buildings and structures accessory thereto. 18.2 Regulations (a) Minimum Lot Area 0.07 hectares for a triplex dwelling, 0.2 hectares for a multi-plex dwelling containing 4 to 6 units and 0.5 hectares for a multi-plex dwelling containing 7 or more units. (b) Maximum Density 50 units per hectare (c) Minimum Lot Frontage 18 metres for a triplex dwelling, 30 metres for a multi-plex dwelling containing 4 to 6 units and 45 metres for a multi-plex dwelling containing 7 or more units. (d) Minimum Lot Depth 35 metres (e) Max. Lot Coverage 35 percent (f) Minimum Front Yard 7.5 metres for a triplex dwelling and a multi- plex dwelling where the facade with a primary entrance faces the street or 10.5 metres, plus any applicable distance as specified in Schedule "C". (g) Minimum Side Yards 3 metres for a triplex dwelling, 7.5 metres for multi-plex dwellings that are only one unit in height and 9 metres for multi-plex dwellings that are two units in height, plus any distance as specified in Schedule "C". (h) Minimum Rear Yards 9 metres 18-2 (i) (j) Maximum height Minimum Landscaping 10.5 metres 40 percent of the lot area for triplex dwellings and 50 percent of the lot area for multi-plex dwellings. (k) Planting Strip For a multi-plex dwelling, a planting strip of a minimum of three metres in width along the lot lines shall be provided. (l) Parking In addition to the parking requirements of Subsection 7.14 hereof, 25 percent of the required parking spaces for multi-plex dwellings (excluding required visitor parking) shall be within an enclosed building or underground. (m) Children's Play Area Except for triplex dwellings, a curbed or fenced outside play area of a minimum of 7 square metres per dwelling unit shall be provided and maintained. (n) Accessory Buildings The provisions of Subsection 7.18 (a) shall apply, except that an above-grade communal parking structure or building shall be deemed a principal building. (o) Building Separation A triplex and/or a multi-plex building shall be no closer to another triplex and/or multi- plex building on the same lot in accordance with the following distance requirements: Facade Rear Wall End Wall Facade 18.0 m 19.5 m 15.0 m Rear Wall 19.5 m 15.0 m 10.5 m End Wall 15.0 m 10.5 m 3.0 m 19-1 SECTION 19: RESIDENTIAL MULTIPLE "RM6" ZONE No person shall within any Residential Multiple "RM6" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 19.1 Permitted Uses Apartment buildings and uses, buildings and structures accessory thereto. 19.2 Regulations (a) (b) (c) Minimum Lot Area Maximum Lot Area Maximum Density 0.4 hectare. 0.8 hectare. 60 dwelling units per hectare plus an additional 10 dwelling units per hectare where all required parking spaces (excluding required visitor parking) are provided under landscaped grounds or inside the building, to a maximum density of 70 dwelling units per hectare. (d) Minimum Lot Frontage 30 metres. (e) Minimum Lot Depth 45 metres. (f) Maximum Lot Coverage 25 percent. (g) Minimum Front Yard 7.5 metres, plus any applicable distance as specified in Schedule "C". (h) Minimum Side and Rear Yard 9 metres, plus any applicable distance as specified in Schedule "C" except in no case shall an apartment building be closer than 18 metres to a dwelling on an adjacent lot. (i) Parking The following requirement is in addition to the provisions of Subsection 7.14 hereof: Two parking spaces per dwelling unit shall be provided either under landscaped grounds or in a communal surface parking area 19-2 (j) Children's Outside Play Area A curbed or fenced children's outside play area that has a minimum area of 2.5 square metres per bedroom excluding master bedrooms, shall be provided and maintained. (k) Maximum Height 10.5 metres. (1) Minimum Landscaping 40 percent of the lot area (excluding children's outside play areas.) (m) Planting Strip Where the boundary of a Residential "RM4" Zone adjoins lands zoned Existing Residential "ER" or Residential "R1", "R2", or "R3", a planting strip of minimum 3 metres width adjoining such boundary shall be provided. (n) Building Separation An apartment building shall be no closer than 10.5 metres from another apartment building on the same lot. (o) Accessory Buildings The provisions of Subsection 7.18 (a) shall apply, except that no accessory building shall be permitted in any yard that is adjacent to a living room window. An above-grade communal parking structure or building shall be deemed a principal building. (p) Canopies A canopy attached to an apartment building may project not more than 2.5 metres into any minimum yard facing a street. 20-1 SECTION 20: RESIDENTIAL HAMLET "RH" ZONE No person shall with any Residential Hamlet "RH" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 20.1 Permitted Uses One detached dwelling on one lot and uses, buildings and structures accessory thereto. 20.2 Regulations (a) (b) (c) Minimum Lot Area Minimum Lot Frontage Minimum Front Yard 1,850 square metres. 30 metres. 9 metres, plus any applicable distance as specified in Schedule "C". (d) Minimum Side Yard 3 metres, except on a corner lot the minimum side yard abutting a public street shall be 7.5 metres plus any applicable distance as specified in Schedule "C". (e) Minimum Rear Yard 9 metres. (f) Maximum Lot Coverage 35 percent. (g) Minimum Floor Area 100 square metres. (h) Maximum Height 10.5 metres. (i) Accessory Buildings The provisions of Subsection 7.18 (a) shall apply. 21-1 SECTION 21: DEFERRED DEVELOPMENT "D" ZONE No person shall within any Deferred Development "D" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 21.1 Permitted Uses (a) Agricultural uses excluding the erection of new buildings or the enlargement of existing buildings. (b) Dwellings existing at the date of the passing of this By-law and enlargement thereof and uses, buildings and structures accessory thereto. (c) Urban Farm (14-274) (d) Community Garden (14-274) 21.2 Regulations (a) Minimum Front and Rear Yards 7.5 metres, plus any applicable specified in Schedule "C". (b) Minimum Side Yard 1.5 metres, except on a corner lot the minimum side yard abutting a street shall be 7.5 metres plus any applicable distance as specified in Schedule "C". (c) Maximum Lot Coverage 35 percent. (d) Maximum Height 10.5 metres. (e) Accessory Buildings The provisions of Subsection 7.18 (a) shall apply. 21.3 Regulations for Urban Farm (14-274) The use shall comply with the provisions of Section 9.11. 21.4 Regulations for Community Gardens (14-274) The use shall comply with the provisions of Section 9.12. 22-1 SECTION 22: NEIGHBOURHOOD COMMERCIAL "C1" ZONE, SHOPPING CENTRE COMMERCIAL "C2" ZONE, GENERAL COMMERCIAL "C3" ZONE, URBAN COMMERCIAL "C4" ZONE, RURAL COMMERCIAL "C5" ZONE AND VILLAGE AREA "VA" ZONE (Certain Uses Only) No person shall within any Neighbourhood Commercial "C1" Zone, Shopping Centre Commercial "C2" Zone, General Commercial "C3" Zone, Urban Commercial "C4" Zone or Rural Commercial "C5" Zone, use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 22.1 Permitted Uses Refer to Table 1, for Uses Permitted in Certain Commercial Zones and the Village Area "VA" Zone. Refer to Section 25 for other permitted uses pertaining to the Village Area "VA" Zone. TABLE 1: USES PERMITTED IN CERTAIN COMMERCIAL ZONES (25-156) 1. Agricultural-related C1 C2 C3 C4 C5 * VA research establishments 2. Animal hospitals * 3. Animal hospitals with outside runs * * 4. Auctioneer establishments * * * * * * 5. Automatic laundry shops, automatic dry-cleaning shops * * * * 6. Banks and financial institutions * * * * 7. Barber shops, hairdressing shops and beauty shops * * * * 8. Brewers Retail stores * * * * 9. Building supply sales * C1 C2 C3 C4 C5 VA 22-2 10. Building supply sales in wholly enclosed buildings. * * * 11. Business and professional offices * * * * 12. Caterers * * * * 13. Cleaning or pressing shops * * * * * 14. Clubs, private or commercial * * * * * 15. Cold storage locker establishments * * * * 16. Convenience retail stores * * * * 17. Craft and custom workshops * * * * * 18. Child care centres (25 156) * * * * 19. Department stores and other general merchandise * * * 20. Dressmaker or tailor shops * * * * 21. Drugstores * * * * 22. Dry-cleaning depots * * * * * 23. Establishments for the retail sale of farm supplies, grain, feed and fertilizer * * 24. Establishments providing educational or instructional services * * * * 25. Farm implement sales and/or service establishments * C1 C2 C3 C4 C5 VA 22-3 26. Farmer's market * * 27. Fast Food Restaurants * * 28. Fruit or vegetable stands * * 29. Fuel and lubricant wholesale establishments * 30. Gymnasiums or health clubs excluding body rub parlours * * * 31. Hotels * 32. Insurance offices * * * * 33. Libraries, museums and art galleries * * * * 34. Liquor Control Board of Ontario Stores * * * * 35. Livestock breeding services establishments * 36. Livestock trucking uses * 37. Lounge * * * 38. Mail order offices * * * 39. Medical and dental laboratories * * * 40. Medical clinics * * * 41. Motels, and may include one dwelling unit * 42. Motor vehicle service stations, existing * * * 43. New and/or used motor vehicle sales establishments * C1 C2 C3 C4 C5 VA 22-4 44. Nurseries, garden centres and landscaping establishments * * 45. Parking areas or structures * 46. Personal service shops * * * * * 47. Places of entertainment or recreation within wholly enclosed buildings * * * * 48. Post offices * * * 49. Printing and publishing establishments * * * 50. Real Estate Offices * * * * * 51. Recreational areas or uses, miniature golf courses and golf driving ranges * 52. Recreational vehicle sales, service and rental * * * * 53. Rental establishments but not including establishments for the rental or repair of motor vehicles and trailers * * 54. Rental establishments or service shops * 55. Restaurants and fast food restaurants, existing * 56. Restaurants, but not including fast food restaurants * * * * * C1 C2 C3 C4 C5 VA 22-5 57. Retail stores * * * * 58. Service Shops * * * * 59. Sub-Post offices * * * * * 60. Taxi-cab business * * * 61. Telephone exchange building * 62. Travel agencies * * * * 63. Undertaking establishments * * * 64. Used motor vehicle sales establishments, existing * 65. Uses, buildings and structures accessory to permitted uses including residential uses * * * 66. Uses, buildings and structures accessory to permitted uses, but excluding open storage and residential uses * * * 67. Welding and sheet metal shops * * 68. Well drilling uses * 69. Community Garden * * * * * (14-274) 70. Urban Farm * * * * * (14-274) 71. Urban Farmers Market * * * * * (15-101) 22.2 Regulations Refer to Section 25 for Regulations for Uses Permitted in The Village Area "VA" Zones. 22-6 TABLE 2: REGULATIONS C1 C2 C3 C4 C5 1. Minimum Lot Area (a) 2,700 m2 450 m2 1,850 m2 2,700 m2 2. Minimum Lot Frontage (a) 60 m 15 m 45 m 60 m 3. Minimum Lot Depth (a) 60 m 30 m 30 m 45 m 4. Maximum Lot Coverage 30% 40% 50% (c) (d) 5. Minimum Front yard* 13.5 m 15 m 3 m 12 m 12 m 6. Minimum Side yard 7.5 m 15 m 7.5 m(b) 7.5 m 7.5 m 7. Minimum Side Yard* 13.5 m 15 m 3 m 12 m 7.5 m Abutting a Street 8. Minimum Side Yard 7.5 m 15 m 7.5 m 7.5 m 7.5 m Abutting Any Residential Zone 9. Minimum Rear Yard 7.5 m 9 m 9 m 7.5 m 7.5 m 10. Minimum Rear Yard* 13.5 m 15 m 13 m 12 m 12 m Abutting a Street 11. Minimum Rear Yard 13 m 15 m 13 m 7.5 m 7.5 m Abutting Any Residential Zone 12 Maximum Height 10.5 m 10.5 m 10.5 m 10.5 m 10.5 m 13. Parking and Loading provisions of Subsection 7.14 shall apply 14. Accessory Buildings provisions of Subsection 7.18 (b) shall apply FOOTNOTES: * Plus any applicable distance as specified in Schedule "C". (a) as existing at the date of passing of this By-law. (b) No side yard shall be required abutting any other Commercial Zone, including a commercial use in a "VA" Zone. (c) 30% to a maximum of 1,000 m2 (d) 30% to a maximum of 1,400 m2 22-7 22.3 Regulations for Urban Farms, except Village Area "VA" Zone (14-274) i) The use shall comply with the provisions of Section 9.11; ii) Notwithstanding Section 22.1 and in addition to the provisions of Sections 9.11(b), 9.11 (c) and 9:11 (d), an urban farm shall only be located in the rear yard or on a roof top of a principle building in the following area: Street From To 1 Wilson Street Dalley Drive Rousseaux Street 22.4 Regulations for Community Gardens, except Village Area "VA" Zone (14-274) i) The use shall comply with the provisions of Section 9.12; ii) Notwithstanding Section 22.1 and in addition to the provisions of Section 9.12(b) and (c), a community garden shall only be located in the rear yard or on a roof top of a principle building in the following area: Street From To 1 Wilson Street Dalley Drive Rousseaux Street 22.5 Regulations for Urban Farmers Market (15-101) (i) the majority of the local agricultural products or local value added agricultural products sold from vendor stalls shall be grown or produced by the person who operates the vendor stalls; (ii) 75% of vendors shall sell local agricultural products, value-added local agricultural products or VQA wines; (iii) 25% of the vendors may include entertainment, food premises/ demonstrations, baked goods, but shall not include the sale of personal services and second hand goods; (iv) the sale of VQA wines shall only be permitted in accordance with provincial regulations governing the sale of wine; 22-8 (v) include a minimum of 5 vendor stalls and a maximum of 50 vendor stalls; (vi) operates a maximum of 2 days each week; and, (vii) may occupy the required parking spaces and be located within the required yards of the principle use. 23-1 SECTION 23: HAMLET COMMERCIAL "HC" ZONE No person shall within any Hamlet commercial "HC" zone, use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 23.1 Permitted Uses a) Retail store, including hardware store and antique store Business and Professional offices, but excluding Medical Office Real Estate Office Child Care Centres (25-156) Craft and Custom Workshops Personal Service Shops Travel Agencies Service Shops, excluding small engine repair Rental Establishment: excluding vehicles or recreational vehicles; self propelled farm, industrial and construction equipment b) One Residential Dwelling 23.2 Regulations for uses permitted in Clause a) of Subsection 23.1 a) b) c) d) Minimum Lot Area Minimum Lot Frontage Minimum Lot Depth Minimum Front Yard 2000 square metres 30 metres 45 metres 9 metres, plus any applicable distance as specified in Schedule "C". e) Minimum Side Yard 7.5 metres, except where a side yard abuts a residential zone, in which case a minimum rear yard of 9 metres shall be required and except on a corner lot, in which case the minimum side yard abutting a street shall be 9 metres plus any applicable distance as specified in Schedule "C". 23-2 23-3 f) Minimum Rear Yard 7.5 metres, except where a rear yard abuts a residential zone, in which case a minimum rear yard of 9 metres shall be required. g) Maximum Lot Coverage 30 per cent h) i) Accessory Buildings Visual Buffer The provisions of Section 7.18 b) shall apply. Shall be provided along any lot line that abuts a Residential zone. Such visual buffering shall consist of dense natural or landscaping strip minimum of 3.0 meters wide or decorative wood fencing designed provide a visual buffer. j) Additions Deemed to Comply Where a building legally existed as of the date of passing of this by-law, and the setbacks from the lot lines do not meet the setback requirements of this by-law, additions shall be permitted, provided that any such addition complies with all setback requirements. k) Minimum Landscaping Strip 3.0 metres, along the front lot line shall be provided. l) Outdoor Display for Sale and Open Storage of Goods and Materials Shall not be located within 10 metres of any residential zone and shall be totally screened from view from any Residential Zone by a visual buffer. m) Outdoor Lighting Any out door lighting, whether for parking or other purposes, shall be directed away from abutting properties, and streets. 23.3 Regulations for uses permitted in Clause b) of Subsection 23.1 The regulations of the Residential Hamlet "RH" Zone, Subsection 20.2, are applicable, except where the dwelling is located within the same building as a permitted commercial use listed in Clause a) of Subsection 23.1, in which case the regulations of Subsection 23.2 shall apply. Where the dwelling is detached from the permitted commercial use on the same property, the regulations of Subsection 20.2, as they relate to the dwelling, shall apply." 23-4 23.4 Holding Provision Notwithstanding any provisions to the contrary of Section 32 of this by-law, within the lands zoned "H-HC" as shown on Schedule "A" of this by-law, all lands and buildings shall be limited to: uses existing as of the date of passing of this by-law; and existing buildings, which may be altered or enlarged, provided such alteration or enlargement is in accordance with the regulations of the Residential Hamlet "RH" Zone. The holding provision shall be removed by by- law only after an appropriate site plan has been approved and a suitable septic system has been approved for the lot 24-1 SECTION 24: MOTOR VEHICLE SERVICES "C6" ZONE No person shall within any Motor Vehicle Services "C6" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 24.1 Permitted Uses (a) Motor vehicle service station or garage. (b) Motor vehicle gasoline bar. (c) Existing motor vehicle body shop. (d) Uses, buildings and structures accessory to any of the foregoing. 24.2 Regulations (a) Minimum Lot Frontage (i) For lots within Schedule "B": (A) For an interior lot, 45 metres. (B) For a corner lot, 38 metres except abutting a Provincial highway it shall be not less than 48 metres. (ii) For lots within Schedule "A": (A) For an interior lot, 45 metres. (B) For a corner lot, 38 metres, except; (1) for a near-side corner lot where there is only one driveway abutting a Provincial highway, 64 metres abutting such highway; and (2) for a near-side corner lot which has two driveways abutting a Provincial highway, 83 metres abutting such highway; and (3) for a far-side corner lot, 60 metres abutting a Provincial highway. 24-2 (b) Minimum Lot Depth (i) For lots within Schedule "B": (A) For an interior lot, 30 metres. (B) For a corner lot which does not abut a Provincial highway and which has only one driveway along each street line, 43 metres. (C) For a far-side corner lot, and for a near-side corner lot which has two driveways abutting a Provincial highway, 48 metres abutting such highway. (ii) For lots within Schedule "A": (A) For an interior lot, 45 metres. (B) For a corner lot which does not abut a Provincial highway, 48 metres. (C) For a near-side corner lot which has only one driveway abutting a Provincial highway, 64 metres abutting such highway. (D) For a near-side corner lot which has two driveways abutting a Provincial highway, 83 metres abutting such highway. (E) For a far-side corner lot abutting a Provincial highway, 60 metres abutting such highway. (c) (d) Maximum Lot Coverage Minimum Front Yard 30 percent. 12 metres, plus any applicable distance as specified in Schedule "C". (e) Minimum Side Yard 7.5 metres, except the minimum side yard abutting a street shall be 12 metres plus any applicable distance as specified in Schedule "C". 24-3 (f) Minimum Rear Yard 7.5 metres, except the minimum rear yard abutting a street shall be 12 metres plus any applicable distance as specified in Schedule "C". (g) Maximum Building Height 10.5 metres. (h) Daylighting Triangle On a corner lot a daylighting triangle of 10 metres minimum shall be provided. (i) (j) Parking Minimum Landscaping The provisions of Subsection 7.14 shall apply Where the boundary of a "C6" Zone adjoins lands in any Residential Zone, or where any lot line abuts a street, a planting strip of minimum 2 metres width shall be provided abutting such boundary or street except for driveways which shall not exceed 30 per cent of the length of the street line. (k) Location of Certain Structures (i) Despite Subsections 7.12 and 7.18 (b), fuel pump islands, attendant's kiosks and canopies shall be located not less than 4.5 metres from any street line. (ii) The width of a driveway shall be not less than 7.5 metres nor more than 10 metres measured along the street line. (iii) On a corner lot no driveway shall be located within 3 metres of the side or rear lot line that abuts an adjoining lot. (iv) On an interior lot no driveway shall be located within 6 metres of the side lot lines. (v) No driveway shall be located within 9 metres of any other ramp measured along the street line. (vi) On a corner lot no driveway shall be located within 15 metres of the point of intersection of the street lines except: (A) On a far-side corner lot no driveway shall be located abutting a Provincial highway within 25 metres of the point of intersection of the street lines. 24-4 (B) On a near-side corner lot no driveway shall be located abutting a Provincial highway within 44 metres of the point of intersection of the street lines. (l) Accessory Buildings - The provisions of subsection 7.18 (b) shall apply. 25-1 SECTION 25: VILLAGE AREA "VA" ZONE No person shall within any Village Area "VA" Zone, use any land, or alter or use any building or structure except for such purposes and in accordance with the following provisions: 25.1 Permitted Uses (a) Commercial buildings existing at the date of passing of this By-law and the enlargement or extension thereof, and buildings and structures accessory thereto, and the Village Area "VA" Zone uses permitted in Subsection 22.1 are also permitted in such commercial buildings. (b) Residential uses existing at the date of passing of this By-law and enlargement thereof but not so as to increase the number of dwelling units, and uses, buildings and structures accessory thereto. (c) One detached dwelling on one lot and uses, buildings and structures accessory thereto. 25.2 Regulations for Uses Permitted in Clause (a) of Subsection 25.1 (a) (b) Maximum Lot Coverage Minimum Front Yard 50 percent of lot area. 60 centimetres plus any applicable distance as specified in Schedule "C". (c) Minimum Side Yard Zero, except: (i) Abutting a Residential zone 1.5 metres. (ii) Abutting a street 60 centimetres plus any applicable distance as specified in Schedule "C". (d) Minimum Rear Yard 9 metres, except abutting a Residential Zone or residential use, 13 metres (e) Maximum Height 10.5 metres. 25-2 (f) Daylighting Triangle The provisions of Subsection 7.13 (a) shall apply. (g) Parking The provisions of Subsection 7.14 shall apply. (h) Accessory Buildings The provisions of Subsection 7.18 (b) shall apply. 25.3 Regulations for Existing Residential Uses Permitted in Clause (b) of Subsection 25.1 (a) (b) (c) (d) Minimum Lot Frontage Minimum Lot Area Maximum Lot Coverage Minimum Front Yard 15 metres. 500 square metres. 35 percent. 7.5 metres, plus any applicable distance as specified in Schedule "C". (e) Minimum Side Yard 1.5 metres plus any applicable distance as specified in Schedule "C". (f) Minimum Rear Yard 7.5 metres. (g) Maximum Height 10.5 metres. (h) Accessory Buildings The provisions of Subsection 7.18 (a) shall apply. (i) The provisions of Section 9 shall apply. 25.4 Regulations for Uses Permitted in Clause (c) of Subsection 25.1 The provisions of Section 9 and Subsection 11.3 Residential "R3" Zone, shall apply. 25.5 Regulations for Urban Farms in Village Area "VA" Zone (14-274) (a) an urban farm 25-3 i) Notwithstanding Section 22.1 and in addition to the provisions of Sections 9.11 (b). 9.11 (c) and 9.11 (d), an urban farm shall only be located in the rear yard or on a roof top of a principle building. 25.6 Regulations for Community Gardens in Village Area "VA" Zone (14-274) (a) a community garden i) Notwithstanding Section 22.1 and in addition to the provisions of Section 9.12(b) and (c), a community garden shall only be located in the rear yard or on a roof top of a principle building. 26-1 SECTION 26: INDUSTRIAL "M1" ZONE No person shall within any Industrial "M1" Zone, use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 26.1 Permitted Uses (a) Warehousing and wholesaling uses, waste transfer facility, waste processing facility and any manufacturing or industrial uses which are not offensive by reason of the emission of odour, dust, smoke, gas, fumes, noise, cinder, vibration, refuse matter or water-carried waste. (09-131) (b) Uses accessory thereto including open display and storage, and outside operations. 26.2 Regulations (a) Minimum Lot Frontage 60 metres (b) Minimum Lot Area 4000 sq. metres. (c) Maximum Lot Coverage 50 per cent. (d) Minimum Front Yard 12.2 metres. (e) Minimum Rear Yard 7.5 metres. (f) Minimum Side Yard 7.5 metres. (g) Maximum Building Height 10.5 metres. (h) Parking (i) The provisions of Subsection 7.14 shall apply. (ii) 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 3 metres from any rear lot line or side lot line or less than 7.5 metres from any street line or boundary of any Residential Zone. (i) Minimum Loading Space Requirements 26-2 (i) Off-street loading facilities shall not be located in such a manner as to interfere with the location or operation of the parking area. (ii) A loading space shall have a minimum width of 3.6 metres, a minimum vertical clearance of 4.25 metres and a minimum length of 16.75 metres. (iii) The distance between the end of the loading space and the rear lot line or edge of the parking area shall be a minimum of 16.75 metres. (iv) No loading space shall be located in any front yard or any side yard, or any side yard abutting a street. (j) Minimum Landscaping A planting strip of minimum 3 metres width shall be provided adjacent to every portion of any lot line that abuts any street line or any Residential Zone, except for areas used for ingress and egress. (k) Fences (i) Any area used for storage and outside operations shall be screened so as to be not visible from any street line, and shall be enclosed by a fence of at least 1.8 metres in height which shall be constructed of durable material and shall be maintained thereafter. (ii) Any fence not used for screening of open display and storage, and outside operations shall be of chain link construction. (iii) Any fence enclosing open display and storage, and outside operations shall be constructed of durable material and shall be maintained thereafter. (l) Accessory Buildings The provisions of Subsection 27.9 shall apply. (m) Open Storage The provisions of Subsection 7.17 shall apply. (n) Residential Uses The provisions of Subsection 27.11 shall apply. 26-3 (o) Waste Transfer Facility and Waste Processing Facility In addition to the regulations of Section 26.2, any building, structure or land used for a Waste Transfer Facility or a Waste Processing Facility, shall be located a minimum of 300 metres from a Residentially Zoned or Institutionally Zoned property lot line. (09-131) (p) Prior Existing Uses In addition to the uses permitted in SECTION 26.1, the Waste Management Facility, as existing at the time of passing of By-law 09-131, shall also be permitted on the following property: 1574 Wilson Street West, Units 1, 2 and 3. (09-131) 27-1 SECTION 27: PRESTIGE INDUSTRIAL "M2" ZONE LIGHT INDUSTRIAL "M3" ZONE GENERAL INDUSTRIAL "M4" ZONE No person shall within any Prestige Industrial "M2" Zone, Light Industrial "M3" Zone or General Industrial "M4" Zone, use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 27.1 Permitted Uses Manufacturing uses Wholesale establishments Warehousing Transportation depots and truck terminals Other industrial uses Non-retail commercial uses Lumber and building materials yards Motor vehicle gasoline bars, including servicing of motor vehicles Restaurants Banks, Convenience Stores Public uses and operations Communication facilities Union halls Recreation facilities Waste transfer facility (09-131) Waste processing facility (09-131) Existing agricultural uses except poultry farms, mushroom farms, fur farms, piggeries and greenhouses Uses, buildings and structures accessory to the foregoing 27.2 Regulations (a) All uses permitted in Subsection 27.1 are subject to the following regulation: (i) Any operations, or (ii) the use in manufacturing and processing, of and the storage of, materials and substances which may be determined by the Town to be hazardous, offensive, noxious or obnoxious due to; noise, flammability, heat glare, vibration, air pollution, toxicity, explosiveness, combustibility, radioactivity or odour; shall not be permitted unless such hazardous, offensive, noxious or obnoxious use or operations are controlled through Federal or Provincial Government regulations to provide adequate protection to property 27-2 and to public health and welfare. (b) Minimum Lot Area "M2" 4,050 square metres. "M3" 1,860 square metres. "M4" 1,860 square metres. (c) Minimum Lot Frontage "M2" 38 metres. "M3" 30 metres. "M4" 30 metres. (d) Minimum Front Yard abutting Highway #2, Highway #53, Trinity Road and Shaver Road 15 metres, plus any applicable distance as specified in Schedule "C" Abutting all other streets 9 metres, plus any applicable distance as specified in Schedule "C" (e) Minimum Side Yard 4.5 metres, except if abutting a street the provisions of clause (d) shall apply. (f) Minimum Rear Yard 13 metres, except 15 metres abutting Highway #2, Highway #53, Trinity and Shaver Road. (g) Maximum Lot Coverage 50 percent. (h) Maximum Building Height 10.5 metres. (i) Waste Transfer Facility and Waste Processing Facility In addition to the regulations of Section 27, any building, structure or land used for a Waste Transfer Facility or a Waste Processing Facility, shall be located a minimum of 300 metres from a Residentially Zoned or Institutionally Zoned property lot line. (09-131) 27.3 Open Storage (a) Open storage and display of goods, equipment and materials are prohibited in the Prestige Industrial "M2" Zone. (b) Open storage and display of goods, equipment and materials in the Light Industrial "M3" Zone shall be restricted to rear yards and internal side yards and screened from view from any street by means of a combination of wire fence and vegetative planting strip suitable to provide a visual screen, or a decorative wall or decorative fence. A maximum of 5% of the 27-3 lot area may be utilized for such outdoor storage and display. (c) Open storage and display of goods and materials in the General Industrial "M4" Zone shall be restricted to rear and side locations and screened from view by a combination of wire fence and vegetative planting strip suitable to provide a visual screen, or a decorative wall or a decorative fence, except where such area abuts a hydro right-of-way the screening requirement is waived. (d) All refuse in any Industrial Zone shall be collected at one or more specified locations on each individual lot and appropriately screened from view from any road or abutting property. 27.4 Outside Operations (a) In the Prestige Industrial "M2" Zone outside manufacturing or operations are prohibited. In the Light Industrial "M3" Zone and General Industrial "M4" Zone outside manufacturing or operations are permitted only in the rear yard and shall be screened from street view with attractive walls, fences, hedges or shrubbery. (b) Welding or the use of any equipment which creates glare shall be performed so as not to be seen from any point beyond the outside of the property limits of the particular industry. 27.5 External Design No concrete blocks unless same are decorative masonry units, or are used in a decorative pattern form, or are surfaced with stucco applied in accordance with the Ontario Building Code Standards, or with a permanently applied coloured finish, are permitted within: (a) 152 metres of the limits of Highway No. 2 and Highway No. 53, (b) 91 metres of the limits of Trinity Road and Shaver Road, (c) 45.5 metres of the limits of any street having a width of less than 26 metres, or as required by Site Plan and Development Agreements with the Town. 27.6 Landscaping 27-4 (a) A planting strip of a minimum width of 3 metres shall be provided adjacent to every portion of any lot line that abuts the boundary of any lot used for residential or institutional purposes or where the rear lot line abuts a Municipal road allowance. (b) All portions of any lot not covered by buildings or not used for driveways, storage, parking, loading or walkways, shall be grassed or have other suitable vegetative cover designed to provide an attractive appearance. 27.7 Parking (a) The provisions of Subsection 7.14 shall apply. (b) All front yard parking areas shall be screened from street view with attractive walls or shrubbery. (c) Trucks, tractor trailers and trailers having a body length of six (6) metres of greater shall be parked or stored only in the rear yard, subject to appropriate screening. 27.8 Loading Spaces (a) The provisions of Subsection 7.14 shall apply. (b) No loading space or part thereof shall be located and no land shall be used for loading purposes within 1.5 metres of any rear lot line, or within 16.5 metres of any street line. (c) In the Prestige Industrial "M2" Zone loading spaces are permitted only in the rear yard. In the Light Industrial "M3" Zone and General Industrial "M4" Zone loading spaces are permitted only in the rear yard or interior side yard. 27.9 Accessory Buildings Accessory buildings shall only be erected in a rear yard or within an interior side yard of an interior or corner lot and shall comply with the setback requirements of Subsection 27.2. Quonset hut type buildings are not permitted. The lot coverage of all accessory buildings and structures shall not exceed 10% of the lot area and the height of any accessory building or structure shall not exceed 4.5 metres. 27.10 Showroom or Retail Sales A maximum of 10% of the floor area of an industrial building may be used for 27-5 showroom or retail sale of products manufactured or assembled on the premises. 27.11 Residential Uses Residential accommodation is permitted provided that it: (a) is incorporated within the main Industrial building on the site; and (b) is used by caretaking or security staff only; and (c) has a maximum of 1 bedroom and a maximum of 75 square metres in total area, and (d) is for single persons only and not for family accommodation. 28-1 SECTION 28: RURAL INDUSTRIAL "M5" ZONE No person shall within any Rural Industrial "M5" Zone, use any land or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 28.1 Permitted Uses Welding and sheet metal shops Farm implement sales and/or service establishments Fuel and lubricant wholesale establishments Livestock trucking uses Feed mills and accessory sales uses Grain and/or seed storage, drying and cleaning uses Livestock assembly, stockyard and sales establishments Custom machinery and spraying operations Egg grading operations Fertilizer mixing, storage and sales uses Saw mills Uses, buildings and structures accessory to the foregoing. 28.2 Regulations for Uses Permitted in Subsection 28.1 (a) Minimum Lot Frontage 60 metres. (b) Minimum Lot Area 0.5 hectare. (c) Maximum Lot Coverage 30 per cent but not to exceed 2000 square metres. (d) Minimum Front Yard 12 metres, plus any applicable distance as specified in Schedule "C" (e) Minimum Side and Rear Yard 7.5, metres, plus any applicable distance as specified in Schedule "C" except that no rear yard shall be required abutting any railway right- of-way or railway siding. (f) Minimum Side and Rear Yard 12 metres, plus any applicable Abutting a Street distance as specified in Schedule "C". 28-2 (g) Minimum Side and Rear Yard Abutting a Residential Zone 15 metres. (h) Maximum Height 10.5 metres. (i) Parking The provisions of Subsection 7.14 shall apply. (j) Minimum Landscaping Where the boundary of a lot in a Rural Industrial "M5" Zone adjoins a Residential Zone or a street, a planting strip of minimum 3 metres width adjoining such boundary shall be provided except for driveways which shall not exceed 30 percent of the frontage. (k) Open Storage and Display Subject to the provisions of Subsection 7.17, outside operations, open storage or open display of goods or materials are permitted only in side or rear yards, except farm implements are permitted in other than a minimum front yard or minimum side yard abutting a street. (1) Accessory Buildings The provisions of Subsection 7.18 (c) shall apply. (m) Residential Uses The provisions of Subsection 27.11 shall apply. 29-1 SECTION 29: EXTRACTIVE INDUSTRIAL "M6" ZONE No person shall within and Extractive Industrial "M6" Zone use any land, or erect, alter or use any building or structure except for such purposes and in accordance with the following provisions: 29.1 Permitted Extractive Industrial Operations Pits and quarries for the purpose of extracting natural materials from the earth including soil, sand, gravel, stone, rock, shale, and minerals. 29.2 Permitted Uses (a) Processing of natural materials including screening, sorting, washing, crushing, storing and other similar operations allied to an extractive industrial operation permitted in Subsection 29.1 , and uses, buildings and structures accessory thereto. (b) Agricultural uses, and uses, buildings and structures accessory thereto, except any building or structure used for human habitation. 29.3 Regulations for Uses Permitted in Subsection 29.2 (a) (a) Yard Requirements (i) Minimum setback from any lot line shall be 31 metres and from any street line shall be 31 metres plus any applicable distance as specified in Schedule "C". (ii) In the case of the removal or extraction of sand and gravel, the minimum setback of an excavation from any dwelling, other than a dwelling located on the same lot therewith, shall be 61 metres. (iii) In the case of the removal of quarry stone or the processing of sand, gravel or stone the minimum setback of an excavation and buildings and structures for the processing of sand, gravel or quarry stone, from any dwelling, other than a dwelling located on the same lot therewith, shall be 153 metres and from any use other than a dwelling shall be 77 metres. (b) Accessory Buildings The provisions of Subsection 7.18 (c) shall apply. 29-2 (c) Open Storage Uses Open storage of materials other than overburden is prohibited within 31 metres of any lot line or within 61 metres of any dwelling other than a dwelling located on the same lot therewith. (d) Residential Uses The provisions of Subsection 27.1 1 shall apply. 29.4 Regulations for Uses Permitted in Subsection 29.2 (b) The provisions of Subsection 8.2 shall apply. 30-1 SECTION 30: INSTITUTIONAL "I" ZONE No person shall within any Institutional "I" Zone use any land, or erect, alter or use any building or structure, except for such purposes and in accordance with the following provisions: 30.1 Permitted Uses (a) Institutional uses and uses, buildings and structures accessory thereto. (b) Cemeteries, mausoleums, and columbariums, and uses, buildings and structures accessory thereto excluding crematoriums. 30.2 Regulations for Uses Permitted in Clause (a) of Subsection 30.1 (a) (b) (c) (d) Minimum Lot Area Minimum Lot Frontage Maximum Lot Coverage Minimum Front Yard 1,390 square metres. 30 metres. 35 percent. 9 metres, plus any applicable distance as specified in Schedule "C". (e) Minimum Side Yard 4.5 metres, except the minimum side yard abutting a street shall be 9 metres plus any applicable distance as specified in Schedule "C". (f) Minimum Rear Yard 7.5 metres, except the minimum rear yard abutting a street shall be 9 metres plus any applicable distance as specified in Schedule "C". (g) Maximum Height 10.5 metres. (h) Minimum Landscaping Requirements Where the boundary of an Institutional "I" Zone adjoins a Residential Zone, a planting strip of minimum 2 metres width adjoining such boundary shall be provided. 30-2 30.3 Regulations for Uses Permitted in Clause (b) of Subsection 30.1 (a) Minimum Front Yard 15 metres plus any applicable distance as specified in Schedule "C". (b) Minimum Side and Rear Yards (i) for a side or rear yard not abutting a street, 15 metres for a building and 7.5 metres for a monument. (ii) for a side or rear yard abutting a street: (A) 15 metres for a building plus any applicable distance as specified in Schedule "C", and (B) 7.5 metres for a monument plus any applicable distance as specified in Schedule "C". 30.4 Regulations for Permitted Accessory Buildings and Structures The provisions of Subsection 7.18 (c) shall apply. 30.5 Parking The provisions of Subsection 7.14 shall apply. 31-1 SECTION 31: PUBLIC "P" ZONE No person shall within any Public "P" Zone use any land, or erect, alter or use any building or structure, except for such purposes and in accordance with the following provisions: 31.1 Permitted Uses Public uses and operations carried on by, or on behalf of, a Municipal, Provincial or Federal Government or agency thereof, and without limiting the generality of the foregoing shall include: (a) Municipal offices, libraries, fire halls, post offices, police stations and public hospitals. (b) Water treatment, pumping and storage facilities, sewage pumping and treatment facilities, and work yards. (c) Waste transfer facility, Waste processing facility (09-131) (d) Uses, buildings and structures accessory to any of the foregoing uses. 31.2 Regulations (a) (b) Maximum Lot Coverage Minimum Yard 50 percent. No building or structure shall be used or Requirements erected within 9 metres of any lot line plus any applicable distance as specified in Schedule "C" or within 15 metres of any Residential Zone. (c) Maximum Height 10.5 metres. (d) Parking Parking spaces shall be provided on the same lot on which the principal use is located, sufficient in number to accommodate employees and visitors. 31-2 (e) Minimum Landscaping Requirements Where the boundary of a Public "P" Zone adjoins a Residential Zone, a planting strip of minimum 2 metres width adjoining such boundary shall be provided. (f) Accessory Buildings & Structures The provisions of Subsection 7.18(c) shall apply. (g) Waste Transfer Facility and Waste Processing Facility In addition to the regulations of Section 31, any building, structure or land used for a Waste Transfer Facility or a Waste Processing Facility, shall be located a minimum of 300 metres from a Residentially Zoned or Institutionally Zoned property lot line. (09-131) 32-1 SECTION 32: PRIVATE OPEN SPACE "O1" ZONE No person shall within any Private Open Space "O1" use any land, or erect, alter or use any building or structure, except for such purposes and in accordance with the following provisions: 32.1 Permitted Uses (a) Private Parks (b) Trailer Parks (c) Recreational uses (d) Private clubs (e) Game and fish preserves (f) Uses, buildings and structures accessory to any of the foregoing uses excluding dwellings. (g) Agricultural uses, and buildings and structures accessory thereto, excluding livestock operations, fur farms, commercial growing of mushrooms, commercial greenhouses and kennels. (h) One detached dwelling on one lot and uses, buildings and structures accessory thereto. 32.2 Regulations for Uses Permitted in Clauses (a), (b), (c), (d) and (e) of Subsection 32.1 (a) (b) Minimum Lot Frontage Maximum Lot Coverage 30 metres. 10 percent but not exceeding 500 square metres. (c) Minimum Yard Requirements No building shall be used or erected within 9 metres of any lot line which does not abut a street, or within 15 metres of any Residential Zone, or at a lesser distance from any street than 15 metres plus any applicable distance as specified in Schedule "C". (d) Maximum Height 10.5 metres. (e) Accessory Buildings The provisions of Subsection 7.18 (c) shall apply. 32-2 32.3 Regulations for Uses Permitted in Clause (g) of Subsection 32.1 The relevant provisions of Subsection 8.2 shall apply. 32.4 Regulations for Uses Permitted in Clause (h) of Subsection 32.1 The relevant provisions of Subsection 8.2 shall apply. 32.5 Parking The provisions of Subsection 7.14 shall apply. 32.6 Minimum Landscaping Requirements Where the boundary of a Private Open Space "O1" Zone adjoins a Residential Zone, a planting strip of minimum 2 metres width adjoining such boundary shall be provided. 33-1 SECTION 33: PUBLIC OPEN SPACE "O2" ZONE No person shall within any Public Open Space "O2" Zone use any land, or erect, alter or use any building or structure, except for such purposes and in accordance with the following provisions: 33.1 Permitted Uses (a) Public parks (b) Recreational uses and community centres (c) Uses, buildings and structures accessory to any of the foregoing uses. 33.2 Regulations (a) Minimum Yard Requirements No building shall be used or erected within 9 metres of any lot line which does not abut a street, or within 15 metres of any Residential Zone, or at a lesser distance from any street than 9 metres plus any applicable distance as specified in Schedule "C". (b) Maximum Height 10.5 metres. (c) Accessory Buildings and Structures The provisions of Subsection 7.18 (c) shall apply. (d) Parking The provisions of Subsection 7.14 shall apply. (e) Minimum Landscaping Requirements Where the boundary of a Public Open Space "O2" Zone adjoins a Residential Zone, a planting strip of minimum 2 metres width adjoining such boundary shall be provided. 34-1 SECTION 34: EXCEPTIONS Lands designated on any Schedule to this By-law by a zone symbol, followed by a dash and a number, shall be subject to the zone provisions represented by the symbol except as otherwise specifically provided in this Section by the special provisions set out opposite each zone symbol and exception number. Note: For exceptions marked with an asterisk, refer to the Town of Ancaster Official Plan, specifically Subsections 7.2 and 7.12. 34.1 Lands Affected on Schedule "A" Zone & Exception Number Special Provisions A-101 These lands may contain one detached dwelling subject to: (85-57) (a) Minimum Lot Area 1.94 hectares. (b) Minimum Lot Frontage 132.5 metres. (c) Minimum Floor Area: (i) 1 Storey 144 square metres. (ii) 1 1/2 Storey or 162 square metres. Split Level (iii) 2 or 2 1/2 Storeys 186 square metres. A-102 These lands are deemed to be a lot for the purpose of this by-law and the (76-91) the easterly boundary of these lands is deemed to be the front lot line. These lands are deemed to conform with the provisions of Section 7.15 of this By-law. P-103 These lands may also be used for a natural gas regulator site subject to: (85-60) (a) Minimum Lot Frontage 22 metres. (b) Minimum Front Yard 12 metres. (c) Minimum Side Yard 6 metres. (d) Minimum Rear Yard 6 metres. (e) Maximum Height 10.5 metres. Zone & Exception Number Special Provisions 34-2 R2-104 The minimum lot area shall be 7000 square metres. The minimum (83-43) frontage lot shall be 41 metres. (84-2) C3-105 These lands shall only be used for the purposes of offering for sale lawn (74-40) gardening equipment and related hardware, and seeds, flowers, shrubs, trees, fertilizers and other similar garden items. A-106 An existing accessory building on these lands may be used as a craft (73-37) studio, being a room, workshop or building where handicrafts or artisan objects are produced, provided: (a) the limits of the craft studio are restricted to the existing accessory building area; (b) the accessory building used as the craft studio does not have any exterior evidence of such use being conducted therein; (c) no goods, wares, or merchandise are offered or exposed for sale; and (d) the craft studio does not create or become a public nuisance, in particular with respect to noise, traffic or parking. O1-107 On these lands no building, structure or sign shall be located within 13.7 (85-63) metres of the designated right-of-way of Highway No. 2. O2-108 These lands may also be used for the purposes of the administrative (2429) offices and accessory uses of the Hamilton Region Conservation Authority. A-109* These lands may also be used for a storage and servicing facility for buses. C4-110* These lands shall only be used for a motel. C6-111* These lands shall only be used for a motor vehicle service station, (73-54) a motel, and/or a restaurant. C6-112* These lands may also be used for used car sales purposes. Zone & Exception Number Special Provisions 34-3 A-113 These lands may also be used by a nonprofit organization or association (2258) for recreational purposes which may include a rifle range, a trapshooting range, a club house, and other uses of a recreational nature. A-114 These lands may also be used for a well drilling business provided: (76-65) (a) the building floor area to be used in connection with the well drilling business does not exceed 350 square metres; and (b) the area used for outdoor storage in connection with the well drilling business does not exceed 465 square metres; and (c) the total lot area used in connection with the well drilling business does not exceed 2,815 square metres; and (d) outside storage or parking, or any other activity connected with the well drilling business, extends to no greater depth than 128 metres from the easterly limit of the road allowance of Trinity Road. A-115* 1.0 Notwithstanding any provisions to the contrary of Section 8: (2411) Agricultural "A" Zone and Subsection 7.14 of Section 7: General (96-26) Provisions of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Agricultural "A-115" by this By-law, described as Part of Lot 46, Concession 5, and more particularly shown on Schedules "A" and "B", attached hereto, shall permit only the following use: 1.1 Pet Cemetery. For the purposes of this By-law, a minimum six parking spaces shall be provided. 1.2 For the purposes of this Section, Sections 7.14(a)(xiii) and (xiv) of Zoning By-law No. 87-57 shall not apply. 1.3 All other provisions of Zoning By-law No. 87-57 as applicable to the Agricultural "A" Zone shall apply. A-116* The existing commercial building on these lands may be used for a (83-108) general publishing and printing business. Zone & Exception Number Special Provisions 34-4 A-117* These lands may also be used for the restoration and storage of antique (76-84) motor vehicles but all operations necessary for the restoration of antique (77-12) motor vehicles and the storage of said vehicles, vehicle parts and equipment are to be within a wholly enclosed existing building. For the purpose of this By-law: (a) "antique motor vehicle" means a motor vehicle the date of manufacture of which is more than fifteen (15) years ago, and (b) "restoration" means the returning of motor vehicles to their original production condition, including, without limiting the meaning of this paragraph, tires, external appearance and mechanical operation. C5-118* These lands shall only be used for a variety-grocery store where groceries, (78-66) canned and dry goods and other household articles other than electrical appliances are kept for sale, a dairy bar and one dwelling unit. C3-119 These lands shall only be used for retail stores, banks, restaurants, (71-2402) personal service shops, business and professional offices, medical centres and custom workshops. C5-120* These lands shall only be used for a variety-grocery store where groceries, canned and dry goods and other household articles other than electrical appliances are kept for sale, a post office, and one dwelling unit as an accessory unit. M5-121 These lands shall only be used for the sale and service of farm machinery and/or equipment. C5-122 These lands shall only be used for a variety-grocery store where groceries, canned and dry goods and other household articles other than electrical appliances are kept for sale, and for the retail sale of gasoline. C6-123* These lands shall only be used for a motor vehicle service station and/or a restaurant. (a) Minimum Lot Area - as defined for each lot in the Registered Plan Zone & Exception Number Special Provisions 34-5 of Subdivision affecting these lands. Zone & Exception Number Special Provisions 34-6 (b) Minimum Front Yard, Side Yard and Rear Yard - 7.5 metres. (c) Minimum Floor Area 1 Storey 145 square metres. 1 1/2 Storey or Split Level 160 square metres. 2 or 2 1/2 Storey 185 square metres. (d) Maximum Lot Coverage 25 percent. (e) Front lot lines are the lot lines that abut the 0.3 metre reserve abutting the westerly limit of Shaver Road. (f) Detached dwellings and buildings and structures accessory thereto shall be located within the building envelopes shown on Map 6 to Schedule "A" attached hereto. (g) No building shall be located within 7.5 metres of a private roadway as shown on Map 6 to Schedule "A". (h) Vehicular access to lots within the Registered Plan of Subdivision shall be restricted to the private roadways as shown on Map 6 to Schedule "A". Such private roadways shall have a minimum width of 10.5 metres and shall include all utilities necessary to service the lots in the Registered Plan of Subdivision. R1-124 (a) Permitted Uses (84-63) i) One one-family detached dwelling on one lot and uses, buildings and structures accessory thereto. (b) Regulations i) "Lot Frontage" means the distance between the side lot lines measured along the continuous front lot line abutting the 0.3 metre reserve along Shaver Road. ii) In addition to the requirements set out in "this section, one- family detached dwellings, and buildings and structures accessory thereto, must be located within the building Zone & Exception Number Special Provisions 34-7 envelopes shown on Schedule "B" attached to and forming part of this By-law. iii) Minimum Lot Area is as defined by the Registered Plan of Subdivision. iv) Minimum Lot Frontage ........................ 30.0 metres v) Minimum Front Yard .......................... 7.5 metres vi) Minimum Rear Yard ...... ,.................... 7.5 metres vii) Minimum Side Yard ........................... 7.5 metres viii) Minimum Distance to Private Roadway ......... 7.5 metres ix) Minimum Floor Area for a Dwelling: (1) 1 Storey ........................... 145 square metres (2) 1 - 1-1/2 Storey .... ............... 160 square metres (3) 2 or 2-1/2 Storey .................. 185 square metres x) Maximum Height ......................... 10.5 metres for a dwelling and .,.. 4.5 metres for an accessory building xi) Maximum Lot Coverage . ....................... 25 % xii) Private roadways, as shown on Schedule "B", shall include all utilities necessary to service the subject lands. xiii) Private Roadway Width ....................... 10.5 metres xiv) Vehicular access is restricted to the private roadways as delineated on Schedule "B" and as delineated on a deposited Registered Reference Plan. C5-125 These lands shall only be used for the sale and service of motorcycles and recreational equipment and storage of domestic fuel. Zone & Exception Number Special Provisions 34-8 C5-126 These lands shall only be used for an animal hospital and one detached dwelling. C5-127 These lands shall only be used for an antique and gift shop. A-128* These lands shall only be used for a woodworking shop or similar light manufacturing use and one dwelling unit as an accessory use. C4-129 These lands shall only be used for an inn containing sleeping (83-29) accommodations, a restaurant and one dwelling unit for the proprietor, all within the existing building. The following provisions shall apply in place of the relevant provisions of Table 2 of Subsection 22.2: 2. Minimum lot frontage 42.98 metres 6. Minimum side yard-west side 7.5 metres Minimum side-yard east side 5.1 metres 13. Parking - one space for each bedroom in the inn, plus one space for the proprietor's dwelling unit, plus one space for each 4.6 metres of public floor area with a minimum of 10 spaces for the restaurant. C4-130* These lands shall only be used for a motel. C6-131* These lands shall only be used for a motor vehicle service station and restaurant. C3-133 Notwithstanding any provisions to the contrary of Subsection 22.1 (74-85) Permitted Uses and Subsection 22.2 Regulations of SECTION 22: (87-65) GENERAL COMMERCIAL "C3" Zone, the following special provisions (08-130) shall apply: Permitted Uses: (1) Convenience Retail Stores, Insurance Offices, Libraries, Museums, Art Galleries, and Liquor Control Board of Ontario (LCBO) Stores shall also be permitted. Zone & Exception Number Special Provisions 34-9 Regulations: (1) Minimum side yard of 3.0 metres shall be provided and maintained. C4-134* These lands shall only be used for a motel, restaurant, ice cream stand and the retail sale of gasoline. C3-136 These lands may also be used for a motor vehicle service station. (84-25) A-137 The provision of Subsection 3.71 defining a "1ot" and of clause (b) of (83-103) Subsection 8.2 shall not apply to these lands. O1-138 These lands may also be used for the purpose of an overnight campground (84-83) for "overnight camping" which, for the purpose of this By-law, means camping for more than two nights and not more than ninety days in any period of ten consecutive months. No dwelling shall be permitted on these lands. A-139 These lands may be used for two detached dwellings, one of which shall (84-84) be solely for the use of farm employees. A-141 These lands may also be used for the sale of patio stones and railroad ties (84-82) provided a planting strip having a minimum width of 3 metres is provided and maintained on the subject lands adjacent to the easterly and southeasterly boundaries thereof, except for areas occupied by an access driveway. A-142 The minimum lot area shall be 5.0 hectares and the minimum lot frontage (86-145) shall be 65.0 metres. M5-143 These lands shall only be used for the sale and service of farm machinery (73-19) and/or equipment. C5-144 These lands shall only be used for the sale, storage and repair of farm (1903) implements provided that the following additional requirements are Complied with: (a) Minimum distance from any building to the limit of a Zone & Exception Number Special Provisions 34-10 provincial Highway - 30.5 metres (b) Minimum distance from any building to the limit of any street or lane - 15.2 metres (c) Minimum side and rear yard except where such yard abuts a Provincial Highway, street or lane - 7.5 metres. (d) Minimum landscaping requirement: A planting strip having a minimum width of 3 metres shall be provided along any lot line abutting any residentially used property. (e) Open storage of goods and/or materials shall not be permitted within 7.5 metres of the boundary of any Commercial Zone. C3-145 (a) Minimum Lot Frontage and Area as existing (78-68) (b) Maximum Lot Coverage 30%. (c) Minimum Front and Rear Yard 15.24 metres. A-146 The minimum lot area shall be 1.238 hectares and the minimum lot (87-14) frontage shall be 60.9 metres. A-147 These lands may also be used for a "farm market" which for the (87-28) purpose of this By-law, means and includes the selling of: fruit and vegetables; eggs and dairy products; fruit juices and pop; honey and maple syrup products; flowers and vegetable plants and associated products; cut and dried flowers; canning and freezing products; baskets and cook books; and jams and seasonings, pickles and similar products which are primarily produced within the agricultural community, provided: (a) the maximum gross floor area of the farm market shall be 344 square metres; and (b) a minimum of one parking space for each 28 square metres or fraction thereof of ground floor area of the farm market shall be Zone & Exception Number Special Provisions 34-11 provided on the subject lands. P-148 (a) Minimum Front Yard 7.6 metres. (86-136) (b) Minimum Easterly Side Yard 1.0 metres. (c) Minimum Westerly Side Yard 5.0 metres. (d) Minimum Rear Yard 0.5 metres. M2-149 (a) Open storage and display of goods and materials shall be restricted (87-66) to the rear yard and screened from view from any street by means of a vegetative planting strip suitable to provide a visual screen or a decorative wall or decorative fence. A maximum of 5% of the lot area may be utilized for such outdoor storage and display. (b) A minimum of one parking space per employee shall be provided. A maximum of 43 parking spaces shall be permitted in the front yard. (c) The provisions of subsection 27.8, Loading Spaces, shall not apply. (d) The minimum rear yard shall be 10 metres. M1-150 (a) Notwithstanding the provisions of Subsection 26.1 of By-law No. 87-57, the following additional uses are permitted: (i) A restaurant having a maximum seating capacity of 40. (ii) Non-retail commercial uses. (b) Notwithstanding the provisions of (a)(ii) above, the following uses are permitted: (i) Convenience Retail Store* (ii) Motor Vehicle Gasoline Bar *This use and any banking facility shall be located only in the existing building.. (c) Notwithstanding the provisions of Subsection 7.14., the Zone & Exception Number Special Provisions 34-12 convenience retail store will require one parking space for each 20 square metres of floor area or four (4) spaces, whichever is greater. (d) Notwithstanding the provisions of subparagraphs 26.2(h) (ii) and 26.2(i) (iii) of Section 26, the following shall apply: (i) A parking area may be located 0 metres from the southerly side lot line, and (ii) the loading space may be located 3.5 metres from the rear lot line. (e) Notwithstanding the provisions of paragraph 3.91 of Section 3, the following definition shall apply: "Motor Vehicle Gasoline Bar" means an establishment with one or more pump islands for the sale of fuel, oil and small accessories essential for the operation of motor vehicles, and may include an attendant shelter and may also include the servicing of vehicles. (f) Notwithstanding the existing "M1" ZONE designation of this property, the uses described in (a) and (b) above, shall be subject to all relevant provisions of this By-law. M2-152 Notwithstanding the provisions of Subsection 27.1 the following (90-25) additional use shall be permitted Motor Vehicle Service Station O1-153 (a) Notwithstanding the provisions of subsection 32.1, these lands (89-114) shall be used only for a golf course and uses accessory thereto. (91-26) (b) The regulations of Subsection 32.2 apply with the following additional requirement: No buildings shall be located within 15.0 metres of the top of bank of any watercourse. H-M2-154 Notwithstanding the provisions of paragraph 27.8(c) of Section27 loading (90-26) spaces shall be restricted to the westerly side yard. Zone & Exception Number Special Provisions 34-13 C2-157 Notwithstanding Sections 3.0,7.17.22.1 and 22.2 of Zoning By-law No. (91-28) 87-57, the following uses and regulations shall apply to the Holding (94-101) Shopping Centre Commercial "H-C2-157" and Shopping Centre (97-23) Commercial "C2-157" Zones for the lands bounded by Hwy. No. 2 to the (97-24) north, Shaver Road to the east, Hwy. No. 53 to the south and Given Road (20-129) to the west, and more particularly described as Part of Lot 36, Concession (04-176) 3, Town of Ancaster, Regional Municipality of Hamilton-Wentworth, being Parts 1, 2, and 3 on Reference Plan 62R-13362 save and except Parts 3 and 4 on Reference Plan 62R-13499: 1.1 All the uses permitted in the SHOPPING CENTRE COMMERCIAL "C2" ZONE and the URBAN COMMERCIAL "C4" ZONE, excluding: i) Fruit or vegetable stands; and, ii) Welding and sheet metal shops. 1.2 The following additional uses shall also be permitted: i) Banquet halls; ii) Building supply sales; iii) Home improvement retail facilities; iv) Motor vehicle service stations or garages; v) Motor vehicle gasoline bars; vi) Parking areas and structures; and, vii) Open storage areas appurtenant to a permitted use, building or structure. 1.3 All permitted uses shall be permitted alone or in conjunction with any other permitted use. Zone & Exception Number Special Provisions 34-14 2.0 APPLICABLE REGULATIONS 2.1 DEFINITIONS 2.1.1 "Gross Floor Area" means the total floor area of all floors within a building, which area is measured between the exterior face of exterior walls or from the centre line of a common wall, including the permitted area of a walk-out basement. 2.1.2 "Home Improvement Retail Facility" means: a) the sale within enclosed buildings of material, equipment, tools and supplies for home improvements including lumber; building supplies; millwork; hardware; electrical supplies and fixtures; tools; lighting; kitchen and bath materials; supplies and fixtures; plumbing supplies and fixtures; paint and wallpaper; decor and storage materials and supplies; flooring materials and supplies, carpeting; wall coverings, panelling and ceilings; seasonal items including lawnmowers, snowblowers, barbeques, pool equipment and chemicals; and nursery and landscaping plants, equipment and supplies; and other products used for enjoying, improving or decorating the home; and, b) the sale of services relating to the enjoyment, improvement or decoration of the home or to the use of any of the goods sold in the facility or store. 2.1.3 "Open Storage" means the placing of goods or material(s) associated with or incidental to any permitted use of the land, outdoors on the same lot on which the permitted use is located, but, does not include the parking of an inoperative motor vehicle. 2.1.4 "Supermarket" means a store in which various kinds of food and non-food items are offered or kept for sale, including fresh meats and fresh produce, provided that the area Zone & Exception Number Special Provisions 34-15 devoted to food items is predominant, and the non- food items may include but are not limited to flowers, hardware, patent medicines, toiletries, household supplies, garden supplies, wine, photofinishing, magazines and videos. 2.2 OPEN STORAGE The following open storage provisions shall apply: i) Open storage shall not be permitted in any minimum yard abutting a street; ii) Open storage shall be located a minimum of 3 metres from any side or rear yard not abutting a street; iii) All open storage shall be screened from view from any street by way of a minimum 1.5 metre decorative, solid board fence, or a minimum 3 metre planting strip; iv) Open storage areas shall not exceed an area equal to 4% of the gross floor area of the building to which it is accessory. 2.3 REGULATIONS The following additional regulations shall apply: i) Maximum Gross Floor Area of all buildings: The maximum gross floor area of all buildings shall be 32,515 square metres including any garden centre which are located in a permanent building or structure, but excluding motels and/or motor vehicle gasoline bars and/or automatic car washes. ii) Maximum Lot Coverage The maximum lot coverage for the entire site, including motels and/or motor vehicle gasoline bars and/or automatic car washes, shall not exceed 40%. Zone & Exception Number Special Provisions 34-16 iii) Maximum Temporary Outdoor Garden Centre Lot Coverage The maximum lot coverage for an outdoor garden centre which is located in a temporary building or structure or an enclosure shall be 4% of the building/unit to which it is accessory, provided that the parking requirements of the overall site are maintained. iv) Maximum gross floor area of a Supermarket The maximum gross floor area of a supermarket use shall be a minimum of 4,645 square meters and a maximum of 5,900 square meters. v) Maximum gross floor area of department store type merchandise sales: The maximum gross floor area of retail commercial uses selling department store type merchandise, including a department store and a store primarily selling home and automotive supply merchandise, shall not exceed 24,154 square metres, provided that a store selling primarily home and automotive supply merchandise shall not exceed 5,574 square metres, excluding any garden centre located in a permanent building or structure. vi) Maximum gross floor area of Personal Service and Restaurant Uses: The maximum gross floor area of personal service and restaurant uses shall not exceed 2,787 square metres. vii) All other provisions of Zoning By-law No. 87-57 shall apply. Zone & Exception Number Special Provisions 34-17 M2-158 (90-102) (a) Notwithstanding the provisions of Subsection 27.1 of Section 27, a new and/or used motor vehicle sales establishment shall be permitted. (b) Notwithstanding the provisions of Subsection 27.3 of Section 27, the outside display of 10 motor vehicles for the purpose of sale, shall be permitted. (c) Notwithstanding the provisions of Subsection 7.14 of Section 7, one parking space shall be required for each 45 square metres of floor area or 1 space for each 2 employees, whichever is greater. O1-159 (90-131) (98-59) (04-278) 1.0 2.0 Notwithstanding the provision of Subsection 32.1 Permitted Uses of Section 32 only a golf course, a detached dwelling and uses accessory to the foregoing permitted uses shall be permitted. The provision of Subsection 32.2 of Section 32 shall apply with the following exceptions, notwithstanding the relevant regulations: 2.1 No building or structure shall be permitted within 15 m. of the top of the bank of a watercourse. 2.2 Maximum lot coverage ............ 2,322.5 sq.m. 2.3 No building or structure shall be erected on lauds that have inherent environmental hazards such as flood susceptibility, poor drainage, marshy or swamp conditions, erosion and unstable soils are delineated in an Ontario Regulation under Section 28 of the Conservation Authorities Act, R.S.O. 1980, as amended, unless such building or structure is approved and any required permit is issued by the Conservation Authority having jurisdiction. O1-160 (91-48) (a) Notwithstanding the provision of Subsection 32.1 Permitted Uses of Section 31 trailer parks shall not be permitted. (b) The provision of Subsection 32.2 of Section 32 shall apply with the following exceptions, notwithstanding the relevant regulations: (i) No building or structure shall be permitted within 15 m. Zone & Exception Number Special Provisions 34-18 from the water edge of any watercourse (ii) Maximum lot coverage ............ 2,137 sq.m. (iii) No building or structure shall be erected on lands that have inherent environmental hazards such as flood susceptibility, poor drainage, marshy or swamp conditions, erosion and unstable soils are delineated in an Ontario Regulation under Section 28 of the Conservation Authorities Act, R.S.O. 1980, and any required permit is issued by the Conservation Authority having jurisdiction. (c) Notwithstanding the provisions of Clause (c) of Subsection 7.18 Accessory Buildings of Section 7 accessory buildings or structures shall be permitted in the front yard and the maximum height for such buildings or structures shall be 8.0 metres. (d) Notwithstanding Subsection 7.11 Maximum Building Height of Section 7 a cupola may be permitted to project beyond the 10.5 m. height, to a maximum distance of 13.1 m. above the average finished grade adjacent to the front elevation. A-160 1.0 Notwithstanding the provision of Subsection 8.l(a): Permitted Uses (O.M.B. File of Section 8: Agricultural "A" Zone, of Zoning By-law 87-57, as No. Z910039) amended, the storage of not more than 5 tanker trucks and accessory repair shop and office, for the purpose of operating a liquid petroleum transfer business, shall be permitted. 2.0 The regulations applicable to agricultural buildings in Subsection 8.2 of Section 8 of By-law 87-57, as amended, shall apply to the permitted uses in Section 1.0 of this By-law. O1-161 Notwithstanding the provision of Subsection 32.1 Permitted Uses of (91-48) Section 32 no buildings or structures shall be permitted except for the (91-49) purpose of flood or erosion control. A-162 Notwithstanding the relevant provisions of Subsection 2 of Section 8, the (91-18) following shall apply: Zone & Exception Number Special Provisions 34-19 (a) The minimum front yard of the existing building shall be 3.7 metres. (b) The maximum height of the existing building shall be 11.6 metres. Notwithstanding Subsection 11(a) of Section 7, the maximum height of the existing building shall be 11.6 metres. A-163 Notwithstanding the provisions of Subsection 8.1(a) of Section 8 a help (91-16) house shall be permitted. O2-165 Notwithstanding the previous of Subsection 33.2 Regulations of Section (92-19) 33 the easterly side yard shall be 9.0 metres. (92-26) A-166 1.0 Notwithstanding the provisions of Subsection 8.1 of Section 8: (93-33) Agricultural "A" Zone of By-law No. 87-57, as amended, a bakery shall be permitted. 2.0 The provisions of Subsection 8.2 of Section 8: Agricultural "A" zone of By-law No. 87-57, as amended, shall apply with the following exception: 2.1 The maximum floor area of a bakery shall be 175 sq.m. 3.0 Notwithstanding the provisions of Subsection 7.14(a)(xiii) of Section 7.0 General Provisions of By-law No. 87-57, as amended, the parking area for the bakery use need not be constructed with a stable surface of concrete or asphalt. A-167 1.0 Notwithstanding the provisions of Subsection 8.1 - Permitted Uses (93-51) of Section 8: Agricultural "A" Zone, the following additional use shall be permitted: Motor Vehicle Service Garage 1.1 For the purposes of this By-law, a "Motor Vehicle Service Garage" shall exclude the sale of fuel, oil and small accessories associated with the maintenance of motor vehicles, and shall also exclude vehicle washing facilities Zone & Exception Number Special Provisions 34-20 and a towing service. 2.0 The provisions of Section 7.14 (a) (xiii) shall not apply. A-168 Notwithstanding the provisions of Subsection 8.1 - Permitted Uses of (93-42) Section 8: Agricultural "A" zone of By-law No. 87-57, as amended, a help house shall be permitted to be constructed within a portion of the existing garage. A-169 Notwithstanding the provisions of Subsection 8.1 - Permitted Uses of (93-108) Section 8: Agricultural "A" zone of By-law No. 87-57, as amended, a help house within the existing farm building cluster shall be permitted. A-171 Notwithstanding any provisions to the contrary of Section 8.1 of the (95-24) Agricultural "A" Zone, the following use shall be permitted as it affects the lands zoned Agricultural "A-171" by this By-law, described as Part of Lot 23, Concession 1, and more particularly shown on the attached Schedules "A" and "B", for a period of three (3) years from the date of the passing of this by-law, being April 10, 1998: Small Engine Repair Business within the existing 11 square metre accessory building (garage) situated at the rear of the property. Such a business shall be contained to the interior of the building, and any outdoor operations or storage is prohibited. 1.0 For the purposes of this By-law, Sections 7.14(a)(xiii) and 7.14(a)(xiv) of By-law No. 87-57 shall not apply. M4-172 Notwithstanding Section 27.2(h), the following regulation shall apply: (95-96) (96-24) Maximum Building Height: 2,438.6 square metres (26,250 square feet) of the building shall not exceed 18.3 metres in height. M5-173 Notwithstanding any provisions to the contrary of Subsection 28.1 of the (95-113) Rural Industrial "M5" Zone, of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Rural Industrial "M5-173" by this By-law, described as Part of Lot 30, Concession 3, and more particularly shown on Schedules "A" and "B", attached hereto, shall permit only the following Zone & Exception Number Special Provisions 34-21 use: 1.0 Farm Implement sales and/or service establishments 2.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Rural Industrial "M5" Zone shall apply. A-174 Notwithstanding any provisions to the contrary of Subsection 8.1- (95-114) Permitted Uses of Section 8 - Agricultural "A" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Agricultural "A-174" by this By-law, described as Part of Lot 32, Concession 3, and more particularly shown on Schedule "A", attached hereto, shall permit the following additional use: 1.0 Where notes (i.e. Note:) are used in this By-law they are included for information purposes only and do not form part of the By-law. 2.0 A Farm Help House within the existing farm building cluster. 3.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Agricultural "A" Zone shall apply. Note: An application for land severance for the farm help house will not be supported by the Town of Ancaster for a minimum ten year period from the date of passing of this by-law. A-176 (97-62) 1.0 Notwithstanding the provisions of the Agricultural "A" zone regarding permitted uses, a commercial home heating business and associated office space shall be permitted; and 2.0 Notwithstanding the provisions of the Agricultural "A" zone regarding permitted uses, a "Temporary Granny Flat" will be permitted on this property until July 14,2002, subject to the following regulations: i) the Temporary Granny Flat shall be permitted in the front yard at the setback as it existed on the date of the passing of this By-law. Zone & Exception Number Special Provisions 34-22 A-177 (98-21) 1.0 Notwithstanding any provisions to the contrary of Section 8 of the Agricultural "A" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Agricultural "A-177" by this By-law, described as Part of Lots 17 and 18, Concession 3, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: 1.1 Notwithstanding Section 8.2 or any other section of Zoning By-law No. 87-57, the property as existing on the date of the passing of this By-law, as indicated on Schedule "B" of this By-law, shall be recognized as a lot. A-178 1.0 Notwithstanding any provisions to the contrary of Section 8 of the (98-116) Agricultural "A" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Agricultural "A-178", described as Part of Lot 45, Concession 6, shall be subject to the following: 1.1 Notwithstanding Section 8, the following additional use shall be permitted: (a) A Wire Basket Making and Moss products business, and use accessory thereto. 2.0 Notwithstanding the regulations of the Agricultural "A" Zone and the general regulations of Zoning By-law No. 87-57, the regulations of the Rural Industrial "M5" Zone shall apply to the additional permitted use, subject to the following: Front Lot Line: For the purposes of this by-law, the front lot line shall be defined as the lot line between the lands to be rezoned and the road allowances of Glancaster Rd. and Carluke Rd.; Maximum Lot 13 per cent, but not to exceed 5,500 Coverage for square metres. Lands subject to The A-178.2 Zone: Zone & Exception Number Special Provisions 34-23 Parking surface: Notwithstanding Section 7.14 ((a) xiii), the parking and driving aisles shall be constructed of a stable, compacted gravel surface; Parking Lot Lighting: Notwithstanding Section 7.14 ((a) xiv), no parking lot lighting shall be required. Outdoor Storage: Notwithstanding Section 7.17 (b), open outdoor storage of goods and materials shall be located a minimum of five metres from the westerly side lot line. A-179 Notwithstanding Section 8: AGRICULTURAL "A", ZONE, Subsection (99-37) 7.13 (d) (ii) of SECTION 7: GENERAL PROVISIONS, and MDS Formula Two of Schedule "D" - MINIMUM DISTANCE SETBACK FORMULAS of ZONING BY-LAW NO. 87-57 of the Town of Ancaster, as amended, the lands zoned AGRICULTURAL "A-179" by this By-law, described as Part of Lot 28 and 29, Concession 1, and more particularly shown on Schedule "A", attached hereto, shall be subject to the following: 1.0 Notwithstanding MDS Formula Two of Schedule "D" - MINMUM DISTANCE SETBACK FORMULAS, the minimum setback of the dairy barns and manure storage facility shall be: i) 155 metres separation between the proposed barn and the nearest dwelling, and, ii) 240 metres separation between the proposed manure storage facility and the existing cemetery. 2.0 Notwithstanding Subsection 8.2(c)(iii) of Section 8: Agricultural "A" Zone, the following shall apply: Maximum Lot Coverage 2.2% Zone & Exception Number Special Provisions 34-24 3.0 Notwithstanding Subsection 8.l(a) of Section 8: Agricultural "A" Zone, in addition to the permitted agricultural uses and buildings, structures and uses accessory thereto, only the three residential dwelling units, existing as of the date of the passing of the implementing zoning bylaw, shall be permitted. A-180 Notwithstanding any provision to the contrary of Subsection 8 or any (99-96) other section, of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Agricultural "A-180", described as Part of Lot 30, Concession 6, shall be subject to the following: 1.0 The following regulations shall apply: Maximum Lot Coverage 5 per cent for a Mushroom Farm 2.0 All other applicable regulations of the Agricultural "A" Zone shall apply. A-181 Notwithstanding any provision to the contrary of Section 8 or any other (99-95) section of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Agricultural "A-181", described as Part of Lot 44, Concession 6, Shall be subject to the following: 1.0 The following additional uses shall be permitted: A temporary farm help house Until the date September 13, 2002. 2.0 All other applicable regulations of the Agricultural "A" Zone shall Apply. M1-182 Section 33: Exceptions to Zoning By-law No. 87-57 of the Town of (99-105) Ancaster, .as amended, is hereby further amended by the addition of the following subsections: 1.0 Additional Permitted Use Animal Hospital 2.0 Minimum Lot Frontage 57.0 metres Zone & Exception Number Special Provisions 34-25 3.0 Minimum southerly side yard 6.7 metres C3-183 Notwithstanding any provisions of to the contrary of Section 22 of Zoning (00-58) By-law No. 87-57, as amended, the following shall apply to the lands described as Part of Lot 35, Concession 3, municipally known as 1154 Wilson Street West (Formerly Highway No. 2) Permitted Uses: All uses permitted under the General Commercial "C3" Zone except the following uses; auctioneer establishments; beer stores; department stores and other general merchandise; fast food restaurants; medical and dental laboratories; medical clinics; restaurants (but not including fast food restaurants); and retail stores. Definition: "Outdoor Display Area" shall, for the purpose of this by-law, is defined as an area of land intended exclusively for the display or rental items. Regulations: a) Outdoor Display area: The outdoor display area shall consist of a maximum area of 80 square metres and shall maintain a minimum setback of 5 metres from the front yard property line and 7.5 metres from side property lines. b) Minimum front yard - 15 metres. c) Maximum lot coverage - 30% to a maximum of 1,200 square metres for equipment rental business. In all other respect, Zoning By-law 87-57, as amended shall remain in full force and effect. H-A-184 Notwithstanding any provision to the contrary of Section 7: General (00-121) Provisions and Section 8: Agricultural "A" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, those lands located in Part of Lot 24, Concession 4, on the west side of Alberton Road, and more particularly Zone & Exception Number Special Provisions 34-26 shown on Schedule "A" which forms part of this By-law shall be subject to the following: Parking A minimum of two parking spaces shall be provided. Additional Permitted Use A seed storage and distribution business is also permitted. Building Size The maximum total ground floor area of the building for the seed storage and distribution business shall be 980 square metres. The Holding "H" prefix shall be lifted from the Holding Agricultural Exception "H-A-484" Zone only after the proponent has satisfied all site plan requirements of Ancaster. RM3-185 (02-031) 1. Notwithstanding any provisions of Sub-section 16.1 of the Residential Multiple "RM3" Zone, only the following use shall be permitted as it affects the lands zoned Residential Multiple "RM3- 185" by this by-law, described as part of lot 51, concession 3, geographic Township of Ancaster and municipally known as 900 Golf Links Road (Former Town of Ancaster): A Child Care Centre to a maximum designed capacity of seventy- five (75) children 2. Notwithstanding any provisions of Sub-section 16.2 of the Residential Multiple "RM3" Zone, the following special regulations shall apply: a) Minimum lot area - 0.2 hectares b) Minimum lot frontage - 25 meters c) Maximum building height - 9.5 meters d) Maximum lot coverage - 18% Zone & Exception Number Special Provisions 34-27 e) Minimum easterly side yard - 2.6 meters f) Minimum westerly side yard - 7.5 meters All other regulations of the "RM3" Zone shall continue to apply. 3. Notwithstanding any provisions of Sub-section 7, General Provisions of Zoning By-Law 87-57 (Ancaster), the following special regulations shall apply to the Residential Multiple "RM3- 185" Zone: a) A minimum of 20 parking spaces shall be provided. b) A minimum 1.8 metre high solid board fence shall be erected along the westerly side lot line commencing at a point 12 meters from the front lot line and extending to the rear lot line. A-186 In addition to the provisions of Sub-section 8.1 of the Agricultural (02-032) "A" Zone, the following additional use shall be permitted as it affects the lands zoned Agricultural "A-186" by this by-law, described as lot 36, concession 6, geographic township of Ancaster and municipally known as 743 Carluke Road West (former Town of Ancaster): A farm help house within the existing farm building cluster. All other regulations of Section 8, Agricultural "A" Zone and Sub- section 7, General Provisions of Zoning By-law 87-57 (Ancaster) shall continue to apply. A-376 As permitted under the temporary use provisions of Section 39 of (94-46) (97-90) the Planning Act (R.S.O. 1990 Chapter P-13) for a period of three years from the date of passing this amending by-law, the land (01-134) zoned A-376 described as part of Lot 43, Concession 6, geographic township of Ancaster and more particularly shown on Schedule "A" attached hereto, shall, a) Notwithstanding any provisions of Section 8.1 of the Agricultural Zone & Exception Number Special Provisions 34-28 "A" Zone, permit the following use, Golf Driving Range; b) Notwithstanding the provisions of Section 8.2: Regulations of the Agricultural "A" Zone, the provisions of Section 31.2: Regulations of Section 31: Private Open Space "O1" shall apply to the golf driving range use. c) Notwithstanding subsection 7.14(a)(xiii) of the General Provisions Section, the golf driving range use shall be exempt from the requirement of the parking area being constructed with a stable surface of concrete or asphalt A-490 Permitted Uses (03-029) A kennel may only be permitted within the existing accessory industrial building and in association with a residential dwelling. For the purpose of this By-law, a Kennel shall mean "a building used only for the keeping and boarding of dogs and cats." Regulations For the purposes of the Site-Specific A-490 Zone, the following regulations shall apply for the development of a kennel: (1) Parking - A minimum of 10 parking spaces are required. (2) Maximum Number of Boarded Animals - 75 dogs and 25 cats. (3) Landscaping - Solid landscaping shall be provided along the westerly lot line having a minimum width of 1.5 metres to screen the kennel and parking area from the residential dwelling on the abutting lot. (4) Building Height - Accessory Buildings or Kennel shall not exceed 5.5 metres. (5) Open Area Setback - Outdoor animal play areas shall be located a minimum distance of 30 metres from any lot line of an abutting property containing a residential use. Zone & Exception Number Special Provisions 34-29 (6) Dog Runs - Dog runs are to be enclosed and are not to exceed 4.5 metres in length. (7) Fencing - Minimum 1.8 metre high solid acoustical fencing is required around the perimeter of all dog runs. All other permitted uses and regulations of Section 8 Agricultural "A" Zone and Section 7, General Provisions of Zoning By-law 87-57 (Ancaster) shall continue to apply. I-501 Permitted Uses (03-350) In accordance with the uses permitted in Section 30.1. Regulations That the provisions of Section 30.3 shall apply to development within the Institutional "I-501" Exception Zone except for the following special provisions: (1) Minimum Front Yard Notwithstanding Section 30.3(a), the minimum front yard setback for a monument shall be 10 metres. (2) Minimum Side Notwithstanding Section 30.3(b), the and Rear Yard minimum side and rear yard setbacks for a monument shall be 3 metres. (3) Parking Notwithstanding Section 7.14(b)(iv)(j), the existing parking provided on cemetery lands located within the Agricultural "A" Zone shall be utilized and no additional parking shall be required. All other regulations of Section 7, General Provisions of Zoning By-law No. 87-57 (Ancaster) shall continue to apply. C3-511 Notwithstanding the provisions of regulations 4, 6, 9 and 13 of (04-237) Table 2, Regulations, of Subsection 22.2, a self-service, storage facility Zone & Exception Number Special Provisions 34-30 shall be permitted, located on the lands zoned "C3-511", subject to the following provisions: Development Regulations: (1) Maximum Lot Coverage 55% (2) Minimum Side Yard 3.0 metres (3) Minimum Rear Yard 3.0 metres (4) Minimum Parking Spaces 24 spaces (5) Minimum Loading Spaces 0 spaces M2-520 Notwithstanding the provisions of Subsection 27.1 - Permitted Uses of (05-039) Section 27: Prestige Industrial "M2" Zone of Zoning By-law No.87-57 (Ancaster), the following additional uses shall be permitted on the lands zoned "M2-520": (a) Permitted Uses: - new and/or used motor vehicle sales establishments with accessory motor vehicle body shop and servicing - animal hospitals - auctioneer establishments - building supply sales in wholly enclosed buildings cold storage locker establishments - establishments for retail sale of farm supplies, grain, feed and fertilizer - recreational vehicle sales, service and rental - welding and sheet metal shops (b) Notwithstanding any provisions of Subsection 27.2 Regulations of Section 27: Prestige Industrial "M2" Zone, of Zoning By-law No. 87-57 (Ancaster) the provisions of Subsection 22.2 - Table 2: Regulations, of Section 22 Urban Commercial "C4" Zone shall apply only to the additional permitted uses in (a) above. M4-521 Notwithstanding any provisions to the contrary of Subsection 27.2 - (05-039) Regulations of Section 27: General Industrial "M4" Zone of Zoning By- law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "M4-521": Zone & Exception Number Special Provisions 34-31 Development Regulations: (a) Minimum Rear Yard 15.0 metres for all buildings, structures, sheds or any other accessory structure. (b) All other provisions of Zoning By-law No. 87-57 as applicable to the General Industrial "M4" Zone shall apply. C3-523 (i) Notwithstanding Sub-section 22.1 - Permitted Uses of Section 22: (05-188) General Commercial "C3" Zone of Zoning By-law No. 87-57 (Ancaster), the following additional use shall be permitted: (a) Insurance offices (ii) Notwithstanding any provisions to the contrary of Subsection 7.14 and Section 22: General Commercial "C3" Zone and all other sections of Zoning By-law No. 87-57 (Ancaster), the following shall apply: (a) No loading spaces are required for a commercial building having less than 1000 sq. metres of gross floor area. (iii) All other provisions of the General Commercial "C3 Zone shall continue to apply. A-491 Permitted Uses: (05-191) Notwithstanding the uses permitted in Section 8.1 , the original dwelling shall be permitted as a second dwelling on the property as a temporary use. Zone Provisions: (1) Temporary Use - The temporary use of the original dwelling as a second dwelling may be permitted for a maximum period of three years from the date of passing of the amending By-law. Upon expiration of the by-law, if both houses do not derive their income Zone & Exception Number Special Provisions 34-32 from the farm operation at 1928 Powerline Road, as determined by the Agricultural and Rural Affairs Advisory Committee, the secondary residential dwelling shall be demolished within 60 days. A-547 Notwithstanding the provisions of Subsections 8.1, Permitted Uses, and (06-110) 8.2, Regulations of Section 8: Agricultural "A" Zone of Zoning By-law No. 87-57, only the following provisions shall apply: Permitted Uses: Bakery Regulations: (a) Maximum Gross Floor Area 36,510m2 (b) Maximum Lot Coverage 40% (c) Minimum Building i) 50.0 metres from Setbacks Fiddler's Green Road, except a 35.0 metre setback may be provided as it relates to the buildings as existing at the date of the passing of this By- law, being April 26, 2006. ii) 13.0 metres from the southerly boundary. iii) 13.0 metres from the northerly boundary. iv) 3.0 metres from the westerly boundary for the temporary storage building existing at the date of the passing of this By-law being April 26, 2006, and in all other cases a minimum of 7.6 metres from the westerly boundary. Zone & Exception Number Special Provisions 34-33 (d) Parking i) A minimum of 123 parking spaces, plus 1 additional space for every 140.m2 of gross floor area in excess of 18,720.0m2, shall be provided and maintained. ii) The lands zoned Agricultural "A- 547" shall be exempt from Subsections 7.14(a)(xiii) and 7.14(a)(xiv). (e) Landscaping A minimum 3.0 metre wide planting strip shall be provided and maintained along the boundary line adjacent to Fiddler's Green Road, except for the driveway area. (f) Open Storage The regulations of Subsection 7.17 - Open Storage shall apply. (g) Definition of Bakery Notwithstanding the provisions of Section 3, Definitions of Zoning By- law No. 87-57, the following additional definition shall apply: "Bakery" means and includes the milling of grain grown on the subject lands and on lands in the surrounding agricultural community, production of bread and other related products, and shall include ancillary uses of storage, warehouse and office facilities in connection with this operation. H-A-554 (1) Notwithstanding Section 8.1, only the following uses shall be (07-060) permitted : All recreational, commercial, livestock and public uses related to the Agricultural Fairgrounds, with the following additional uses to be permitted ; Zone & Exception Number Special Provisions 34-34 (a) Public Hall; (b) Craft shows, trade shows and related uses; (c) Animal shows and training; (d) Auctions; (e) Farmers' Market; (f) Indoor storage associated with the Ancaster Agricultural Fair; and, (g) Agricultural Education Programs. (2) All permitted uses identified in Section 2, Subsection (1) shall be subject to the following: Development Regulations: (a) Maximum Lot Coverage 5% (b) Maximum Building Height: 16.0 metres (c) Minimum Setback from the southerly lot line: 7.0 metres (d) No building, or structures shall be permitted within 30.0 metres of the Private Open Space "O1-556" Exception Zone. (e) A landscaped area having a minimum width of 38.1 metres shall be provided and maintained along the westerly lot line abutting the property at 1772 Wilson Street West. (f) All other provisions of Zoning By-law No. 87-57 as applicable to the Agricultural "A" Zone shall apply. (3) That the 'H' symbol shall only be removed conditional upon: (a) The owner conducting an archaeological assessment of the entire development property and mitigating, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found to the satisfaction of the Ministry of Culture, and the Manager of Development Planning; and, Zone & Exception Number Special Provisions 34-35 (b) The owner addressing all issues relating to the servicing of the subject property, to the satisfaction of the Ministry of the Environment, the Director of Building and Licensing, and/or the Director of Public Health Services. City Council may remove the 'H' symbol and, thereby give effect to the Agricultural "A-554" Exception Zone, by enactment of an amending By-law once the above conditions have been satisfied. 01 -556 Notwithstanding Section 32, only the following uses shall be permitted: (07-060) (a) Conservation and Open Space. H-A-569 That notwithstanding the provisions of Subsections 8.2 (c) and (d) of (08-111) Zoning By-law No. 87-57, the following specific provisions shall apply: Development Regulations: (a) Maximum Lot Coverage 1,100 square metres (b) Minimum Front Yard 70 metres for any building or structure That the 'H' symbol shall be removed conditional upon: (a) The owner completing a Tree Management Plan, to the satisfaction of the Director, Operations and Maintenance Division, Public Works Department. (b) The owner completing an archaeological assessment of the subject lands and mitigating, 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 and the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements. (c) The owner addressing all issues relating to the servicing of the subject Zone & Exception Number Special Provisions 34-36 property for the proposed use, including a hydrogeological study of the groundwater quality and quantity and the subsurface sewage effluent plume, to ensure that neighboring wells will not be adversely affected, to the satisfaction of the Ministry of the Environment, the Director of Development Engineering, and/or the Director of Public Health Services. City Council may remove the 'H' symbol and, thereby give effect to the Agricultural "A-569" Exception Zone by enactment of an amending By-law once the above conditions have been satisfied. 01-571 That notwithstanding the provisions of Subsection 32.1, only conservation (08-111) uses shall be permitted, and the provisions of Subsections 32.2 (a), (b), (c), (d), (e), 32.3, 32.4, 32.5 and 32.6 of Zoning By-law No. 87-57, shall not apply. M3-576 (i) That notwithstanding the provisions of Subsection 27.1 - Permitted (08-149) Uses of Section 27: Light Industrial "M3" Zone of Zoning By-law No. 87-57 (Ancaster), the following Additional use shall be permitted: (a) Professional Office provided that the maximum gross floor shall not exceed 10,000 square metres. (ii) That notwithstanding the provisions of Subsection 7.1 4(b)(iii) - Industrial Uses: Minimum Required Parking Spaces of Section 7: General Provisions of Zoning By-law No. 87-57 (Ancaster), the following provision shall be provided and maintained: (a) 1 parking space shall be provided for each 30 square metres of floor area. (iii) For the purposes of this by-law, Professional Office shall be defined as: "Professional Office" means any office where professionally qualified persons, technical assistants and clerical staff are employed except for medical practitioners, dentists, osteopaths or drugless practitioners. (iv) All other provisions of the Light Industrial "M3" Zone shall continue to apply. Zone & Exception Number Special Provisions 34-37 RH-620 Notwithstanding the provisions of Paragraphs (a), (e), and (i) of (10-276) Subsection 20.2 "Regulations" of Section 20: Residential Hamlet "RH" Zone, the following special provisions shall apply to the lands zoned "RH- 620": Regulations: (a) Minimum Lot Area 0.75 Hectares (b) Minimum Rear Yard 30 metres for all buildings, structures, pools, sheds, or any other accessory structure. (c) Accessory Buildings The provisions of Subsection 7.18 (a) shall apply, except Subsection 7.18 (a) (ii). All other regulations of the Residential Hamlet "RH" Zone shall continue to apply. A-625 As permitted under the temporary use provisions of Section 39 of the (11-160) Planning Act, R.S.O. 1990 for a period of three (3) years from the date of the passing of this by-law, on the lands zoned Agriculture "A-625", the following special provisions shall apply: (a) Notwithstanding the provisions of Section 8.1 of the Agricultural "A" Zone, the following uses shall also be permitted: i) outdoor golf driving range; and, ii) outdoor soccer field. (b) Notwithstanding the provisions of Section 8.2: Regulations of the Agricultural "A" Zone, the provisions of Section 32.2: Regulations of Section 32: Private Open Space "O1" Zone shall apply to both the outdoor golf driving range and the outdoor soccer field. (c) Notwithstanding Sub-section 3.122 of the Definitions Section, an outdoor golf driving range shall be considered a Zone & Exception Number Special Provisions 34-38 Recreational Use. (d) Notwithstanding Sub-section 7.14(a)(xiii) of the General Provisions Section, the parking area for an outdoor golf driving range and outdoor soccer field shall be constructed with a permeable surface. (e) Notwithstanding Sub-section 7.14(a)(xiv) of the General Provisions Section, lighting shall not be provided for the parking area, the outdoor golf driving range, or the outdoor soccer field. C2-629 That notwithstanding the provisions in Sections 22.1 and 22.2 of the (11-191 Shopping Centre Commercial "C2" Zone and the provisions of Sections 3.0: OMB Order) Definitions and 7.14: Parking and Loading of Zoning By-law No. 87-57 of (14-112) the Town of Ancaster, the following special provisions shall apply to the lands zoned "C2-629", described as 1125 Wilson Street West: 1.0 (A) Permitted Uses Notwithstanding Section 22.1, only the following uses shall be permitted. These uses shall be permitted to a maximum aggregate total of 10,525 square metres of Gross Floor Area on the lands zoned under this Sub-section. Animal Hospital Animal Hospital with outside runs Building Supply Sales Building Supply Sales in wholly enclosed buildings Convenience Retail Store in conjunction with and accessory to a Motor vehicle service station Caterers Conference or Convention Centre Craft and custom workshops Home Furnishing Retail Establishment Home Improvement Supply Establishment Hotels Motels, and may include one dwelling unit Motor vehicle service stations New and/or used motor vehicle sales establishments Zone & Exception Number Special Provisions 34-39 Nurseries, garden centres and landscaping establishments Parking areas or structures Places of entertainment or recreation within wholly enclosed buildings, but shall not include a movie theatre Recreational areas or uses, miniature golf courses and golf driving ranges Recreational vehicle sales, service and rental Rental establishments but not including establishments for the rental or repair of motor vehicles and trailers Rental establishments or service shops Restaurants Restaurants, Fast Food Uses, buildings, and structures accessory to permitted uses, including open storage (B) Restricted Uses In addition to the foregoing, the following uses shall be permitted to a maximum aggregate Gross Floor Area of 2,807 sq.m provided the permitted uses contained in 1.0(A) and 1.0(B) shall not exceed an aggregate Gross Floor Area of 10,525 sq.m.: Banks and Financial Institutions Business and Professional Offices Brewers Retail stores Drugstores Gymnasiums or health clubs excluding body rub parlours Liquor Control Board of Ontario stores Personal Service Shops Movie Theatres Retail Stores excluding a Supermarket Travel Agencies 2.0 Regulations Notwithstanding Sections 22.2 and 7.14, the following provisions apply: (a) Minimum Front Yard 1.5 metres, except as provided Zone & Exception Number Special Provisions 34-40 in (e) below. (b) Minimum Side Yard 1.5 metres, except where an interior side yard abuts a private vehicular turnaround, a 0.0 metre side yard shall be permitted. (c) Minimum Rear Yard 10.0 metres. (d) Minimum Frontage 30 metres. (e) Minimum Landscaping Strip 3.0 metres adjacent each lot line which abuts a public street or lot containing a dwelling comprising one or two dwelling units (but shall permit the location of principal buildings, walkways/sidewalks, retaining walls, curbs, signs, and light standards within required landscaping strip). (f) Parking for all uses shall be provided at a rate of 3.5 spaces for each 93 square metres of Gross Floor Area or part thereof. 3.0 Definitions Notwithstanding Section 3.0, the following provisions apply: (a) "Supermarket" means a store in which various kinds of food and non-food items are offered or kept for sale, including fresh meats and fresh produce, provided that the area devoted to food items is predominant, and the non-food items may include but are not limited to flowers, hardware, patent medicines, toiletries, household supplies, garden supplies, wine, photofinishing, magazines and videos. H-C2-630 That notwithstanding the provisions in Sections 22.1 and 22.2 of the (11-191 Shopping Centre Commercial "C2" Zone and the provisions of Sections Zone & Exception Number Special Provisions 34-41 OMB Order) 3.0:Definitions and 7.14: Parking and Loading of Zoning By-law No. 87 (14-266) 57 of the Town of Ancaster, the following special provisions shall apply to the lands zoned "H-C2-630", described as 1125-1143 Wilson Street West: 1.0 (A) Permitted Uses Notwithstanding Section 22.1, only those uses in the H-C2-629 Zone shall be permitted on the lands zoned under this Subsection. These uses shall be permitted to a maximum aggregate total of 14,870 square metres of Gross Floor Area on the lands zoned under this Sub-section. (B) Prohibited Uses Notwithstanding the provisions of Subsection 22.1 - Permitted Uses of Section 22, the following uses shall be prohibited: Department stores; Supermarket; Residential uses; except for one dwelling accessory to a Motel; and, Stores primarily selling apparel, housewares, electronics, sporting goods, or general merchandise. 2.0 Regulations Notwithstanding Sections 22.2 and 7.14, the-following-provisions apply: (a) Minimum Front Yard 1.5 metres, except as provided in (e) below. (b) Minimum Side Yard 1.5 metres, except where an interior side yard abuts a private vehicular turnaround, a 0.0 metre side yard shall be permitted. (c) Minimum Rear Yard 10.0 metres. (d) Minimum Frontage 30 metres. Zone & Exception Number Special Provisions 34-42 (e) Minimum Landscaping Strip 3.0 metres adjacent each lot line which abuts a public street or lot containing a dwelling comprising one or two dwelling units (but shall permit the location of principal buildings, walkways/sidewalks, retaining walls, curbs, signs, and light standards within required landscaping strip). (f) Parking for all uses shall be provided at a rate of 3.5 spaces for each 93 square metres of Gross Floor Area or part thereof. (14-266) The 'H' Holding prefix shall be lifted from the "H-C2-630" Zone once the following conditions have been completed, to the satisfaction of the Senior Director of Growth Management and the Manager of Traffic Engineering: i) The approval of a Traffic Impact Study and until the owner/applicant can demonstrate how the approved works can be implemented, to the satisfaction of the Senior Director of Growth Management and the Manager of Traffic Engineering, ii) Until such time as the owner/applicant demonstrates how the restrictions concerning water supply, as identified in the Functional Servicing Report to be addressed to the satisfaction of the Senior Director of Growth Management. 3.0 Definitions Notwithstanding Section 3.0, the following provisions apply: (a) "Supermarket" means a store in which various kinds of food and non-food items are offered or kept for sale, including fresh meats and fresh produce, provided that the area devoted to food items is predominant, and the non-food items may include but are not limited to flowers, hardware, patent medicines, toiletries, household supplies, garden supplies, wine, photofinishing, magazines and videos. Zone & Exception Number Special Provisions 34-43 O1-633 That notwithstanding the provisions in sections 32.1 and 32.2 of the Private (11-191 Open Space "O1" Zone and the provisions of Section 3:"Definitions", the OMB Order) following special provisions shall apply to the lands zoned "O1-633", described as 1125-1143 Wilson Street West: 1.0 Permitted Uses Notwithstanding Sections 32.1, only the following uses shall be permitted: Conservation Flood and Erosion Control Facilities 2.0 Regulations Notwithstanding Section 32.2, the following provisions apply: a) Minimum Lot Frontage 10 metres. 3.0 Definitions Notwithstanding Section 3.0, the following provisions apply: a) The definition of a Lot shall include lands that front onto private driveway. b) "Conservation" shall mean the use of land, buildings, or structures for the purpose of the protection and management of the natural environment. H-C2-634 That notwithstanding the provisions in Sections 22.1 and 22.2 of the (11-191 Shopping Centre Commercial "C2" Zone and the provisions of Sections OMB Order) 3.0: Definitions and 7.14: Parking and Loading of Zoning By-law No, 87 57 of the Town of Ancaster, the following special provisions shall apply to the lands zoned "H-C2-634", described as 11.25-1143 Wilson Street West: 1.0 (A) Permitted Uses Notwithstanding Section 22.1, only those uses permitted in the HC2- 629 Zone shall be permitted. These uses shall be permitted to a Zone & Exception Number Special Provisions 34-44 maximum aggregate total of 3,160 square metres of Gross Floor Area on the lands zoned under this Sub-section. (B) Prohibited Uses Notwithstanding the provisions of Subsection 22.1 - Permitted Uses of Section 22, the following uses shall be prohibited: Department stores; Supermarket; Residential uses; except for one dwelling accessory to a Motel; and, Stores primarily selling apparel, housewares, electronics, sporting goods, or general merchandise. 2.0 Regulations Notwithstanding Sections 22.2 and 7.14, the following provisions apply: (a) Minimum Front Yard 1.5 metres, except as provided in (e) below. (b) Minimum Side Yard 1.5 metres, except where an interior side yard abuts a private vehicular turnaround, a 0.0 metre side yard shall be permitted. (c) Minimum Rear Yard 10.0 metres. (d) Minimum Frontage 30 metres. (e) Minimum Landscaping Strip 3.0 metres adjacent each lot line which abuts a public street or lot containing a dwelling comprising one or two dwelling units (but shall permit the location of principal buildings, walkways/sidewalks, Zone & Exception Number Special Provisions 34-45 retaining walls, curbs, signs, and light standards within required landscaping strip), (f) In addition to the regulations detailed above, the following shall also apply: Within 20 metres of the Wilson Street West lot line, the minimum facade shall be equal to 40% or more of the measurement of the Wilson Street Lot Line, and shall be subject to the following: 1) A maximum building set back of 6.0 metres; 2) A minimum of 50% of the area of the ground floor facade shall be composed of windows and doors; and, 3) No parkingl driveways, drive through lanes, stacking lanes, or aisles shall be located between the building facade facing Wilson Street and Wilson Street. (g) Parking for all uses shall be provided at a rate of 3.5 spaces for each 93 square metres of Gross Floor Area or part thereof. (h) No direct access to the planned northerly extension of McClure Road will be permitted. A maximum of 1 private driveway will be permitted along Wilson Street. The 'H' Holding prefix shall be lifted from the "H-C2-634" Zone once the following conditions have been completed, to the satisfaction of the Senior Director of Growth Management and the Manager of Traffic Engineering: i) The approval of a Traffic Impact Study and until the owner/applicant can demonstrate how the approved works can be implemented, to the satisfaction of the Senior Director of Growth Management and the Manager of Traffic Engineering. ii) Until such time as the owner/applicant demonstrates how the restrictions concerning water supply, as identified in the Zone & Exception Number Special Provisions 34-46 Functional Servicing Report are to be addressed, to the satisfaction of the Senior Director of Growth Management. 3.0 Definitions Notwithstanding Section 3.0, the following provisions apply: (a) "Facade" shall mean a -building or series of building walls facing a street. (b) "Supermarket" means a store in which various kinds of food and non-food items are offered or kept for sale, including fresh meats and flesh produce, provided that the area devoted to food items is predominant, and the non-food items may include but are not limited to flowers, hardware, patent medicines, toiletries, household supplies, garden supplies, wine, photofinishing, magazines and videos. H-C2-635 That notwithstanding the provisions in Sections 22.1 and 22.2 of the (11-191 Shopping Centre Commercial "C2" Zone and the provisions of Sections OMB Order) 3.0: Definitions and 7.14: Parking and Loading of Zoning By-law No. 87- 57 of the Town of Ancaster, the following special provisions shall apply to the lands zoned "H -C2-635", described as 1125-1143 Wilson Street West: 1.0 (A) Permitted Uses Notwithstanding Section 22.1, only those uses permitted in the HC2- 629 Zone shall be permitted to a maximum aggregate total of 2,815 square metres of Gross Floor area on the lands zoned under this Sub- section. (B) Prohibited Uses Notwithstanding the provisions of Subsection 22.1 - Permitted Uses of Section 22, the following uses Shall be prohibited: Department stores; Supermarket; Zone & Exception Number Special Provisions 34-47 Residential uses; except for one dwelling accessory to a Motel; and, Stores primarily selling apparel, housewares, electronics, sporting goods, or general merchandise. 2.0 Regulations Notwithstanding Sections 22.2 and 7.14, the following provisions apply: (a) Minimum Front Yard 1.5 metres, except as provided in (e) below. (b) Minimum Side Yard 1.5 metres, except where an interior side yard abuts a private vehicular turnaround, a 0.0 metre side yard shall be permitted. (c) Minimum Rear Yard 10.0 metres. (d) Minimum Frontage 30 metres. (e) Minimum Landscaping Strip 3.0 metres adjacent each lot line which abuts a public" street or lot containing a dwelling comprising one or two dwelling units (but shall permit the' location of principal buildings, walkways/sidewalks, retaining walls, curbs, signs, and light standards within required landscaping strip). (f) In addition to the regulations detailed above, the following shall also apply: Within 20 metres of the Wilson Street West lot line, the minimum facade shall be equal to 40% or more of the measurement of the Wilson Street Lot Line, and shall be subject to the following: Zone & Exception Number Special Provisions 34-48 1) A maximum building set back of 6.0 metres, unless a greater setback is required in order to accommodate servicing easement; 2) A minimum of 50% of the area of the ground floor facade shall be composed of windows and doors; and, 3) No parking, driveways drive through lanes, stacking lanes, or aisles shall be located between the building facade facing Wilson Street and Wilson Street. (g) Parking for all uses shall be provided at a rate of 3.5 spaces for each 93 square metres of Gross Floor Area or part thereof. (h) No direct access to Wilson Street will be permitted. The 'H' Holding prefix shall be lifted from the "H-C2-635" Zone once the following conditions have been completed, to the satisfaction of the Senior Director of Growth Management and the Manager of Traffic Engineering: i) The approval of a Traffic Impact Study and until the owner/applicant can demonstrate how the approved works can be implemented, to the satisfaction of the Senior Director of. Growth Management and the Manager of Traffic Engineering. ii) Until such time as the owner/applicant demonstrates how the restrictions concerning water supply, as identified in the Functional Servicing Report, are to be addressed, to the satisfaction of the Senior Director of Growth Management. 3.0 Definitions Notwithstanding Section 3.0, the following provisions apply; (a) "Supermarket" means a store in which various kinds of food and non-food items are .offered or kept for sale, including fresh meats and fresh produce provided that the area devoted to food items is predominant, and the non-food items may include but Zone & Exception Number Special Provisions 34-49 are not limited to flowers, hardware, patent medicines, toiletries, household supplies, garden supplies, wine, photofinishing, magazines and videos. A-653 Notwithstanding the uses permitted in Section 8.1 of By-law 87-57 (12-209) (Ancaster), only the following uses shall be permitted for the lands zoned "A-653" Zone: (a) Permitted Uses Agricultural uses, buildings and structures and uses accessory thereto are permitted. (b) Development Requlations All other provisions of the Section 8, Agricultural "A" Zone and Section 7, General Provisions of By-law 87-57 shall continue to apply. C3-656 That notwithstanding the provisions of Subsection 22.1 and 22.2 of the (14-112) General Commercial "C3" Zone and the provisions of Sections 3.0: Definitions and 7.14: Parking and Loading of Zoning By-law No. 87-57 of the Town of Ancaster, the following special provisions shall apply to the lands zoned "C3-656", described as 1143 and 1185 Wilson Street West: 1.0 (A) Permitted Uses Notwithstanding Section 22.1, on the lands zoned C3-656, a Supermarket with a maximum Gross Floor Area of 4,725 sq.m. is also permitted. Notwithstanding Section 22.1, on the lands zoned C3-656, the following uses shall also be permitted. Convenience retail stores Farmer's market Gymnasiums or health clubs excluding body rub parlours Insurance office Libraries, museums and art galleries Liquor Control Board of Ontario Stores All uses other than the permitted Supermarket shall be permitted to a maximum aggregate total of 4,975 square metres of Gross Floor Area Zone & Exception Number Special Provisions 34-50 on the lands zoned under this Sub-section. (B) Restricted Uses Notwithstanding Section 22.1, on the lands zoned C3-656, a Department Store shall be prohibited. 2.0 Regulations Notwithstanding Sections 22.2 and 7.14, the following provisions apply: (a) Minimum Front Yard 1.5 metres, except as provided in (e) below. (b) Minimum Side Yard 1.5 metres, except where an interior side yard abuts a private vehicular turnaround, a 0.0 metre side yard shall be permitted. (c) Minimum Rear Yard 10.0 metres. (d) Minimum Frontage 30 metres. (e) Minimum Landscaping Strip 3.0 metres adjacent each lot line which abuts a public street or lot containing a dwelling comprising one or two dwelling units (but shall permit the location of principal buildings, walkways/sidewalks, retaining walls, curbs, signs, and light standards within required landscaping strip). Zone & Exception Number Special Provisions 34-51 (f) Parking for all uses shall be provided at a rate of 3.5 spaces for each 93 square metres of Gross Floor Area or part thereof. (g) In addition to the regulations detailed above, the following shall also apply: Within 20 metres of the Wilson Street West lot line, the minimum façade shall be equal to 40% or more of the measurement of the Wilson Street Lot Line, excluding access driveways to Wilson Street West and enhanced bioswale areas, and shall be subject to the following: 1) A maximum building set back of 6.0 metres; 2) A minimum of 40% of the area of the ground floor façade facing Wilson Street West shall be composed of windows and doors except that 80 metres of façade facing the Wilson Street frontage shall be exempt from this requirement; and, 3) No parking, driveways, drive through lanes, stacking lanes, or aisles shall be located between the building façade facing Wilson Street and Wilson Street. (h) The lands zoned C3-656 shall be deemed to be one lot for zoning purposes notwithstanding any division of such land into separate parcels. (i) A maximum of 2,000 sq.m. of office uses shall be permitted on the lands zoned C3-656. 3.0 Definitions Notwithstanding Section 3.0, the following provisions apply: (a) "Façade" shall mean a building or series of building walls facing a street; and Zone & Exception Number Special Provisions 34-52 (b) "Supermarket" means a store in which various kinds of food and non-food items are offered or kept for sale, including fresh meats and fresh produce, provided that the area devoted to food items is predominant, and the non-food items may include but are not limited to flowers, hardware, patent medicines, toiletries, household supplies, garden supplies, wine, photofinishing, magazines and videos. C3-657 That notwithstanding the provisions of Subsection 22.1 and 22.2 of the (14-112) General Commercial "C3" Zone and the provisions of Sections 3.0: Definitions and 7.14: Parking and Loading of Zoning By-law No. 87-57 of the Town of Ancaster, the following special provisions shall apply to the lands zoned "C3-657", described as 1143 and 1185 Wilson Street West: 1.0 (A) Permitted Uses Notwithstanding Section 22.1 or any other provision contained in this by-law, on the lands zoned C3-657, a two-storey building containing office uses on both the first and second floor is also permitted. Notwithstanding Section 22.1, on the lands zoned C3-657, the following uses shall also be permitted. Convenience retail stores Farmer's market Gymnasiums or health clubs excluding body rub parlours Insurance office Libraries, museums and art galleries Liquor Control Board of Ontario Stores Notwithstanding Section 22.1 or any other provision contained in this by-law, on the lands zoned C3-657, a Supermarket is not permitted. The permitted uses shall be permitted to a maximum aggregate total of 3,300 square metres of Gross Floor Area on the lands zoned under this Sub-section. (B) Restricted Uses Zone & Exception Number Special Provisions 34-53 Notwithstanding Section 22.1, on the lands zoned C3-657, a Department Store shall be prohibited. 2.0 Regulations Notwithstanding Sections 22.2 and 7.14, the following provisions apply: (a) Minimum Front Yard 1.5 metres, except as provided in (e) below. (b) Minimum Side Yard 1.5 metres, except where an interior side yard abuts a private vehicular turnaround, a 0.0 metre side yard shall be permitted. (c) Minimum Rear Yard 10.0 metres. (d) Minimum Frontage 30 metres. (e) Minimum Landscaping Strip 3.0 metres adjacent each lot line which abuts a public street or lot containing a dwelling comprising one or two dwelling units (but shall permit the location of principal buildings, walkways/sidewalks, retaining walls, curbs, signs, and light standards within required landscaping strip). (f) Parking for all uses shall be provided at a rate of 3.5 spaces for each 93 square metres of Gross Floor Area or part thereof. Zone & Exception Number Special Provisions 34-54 (g) In addition to the regulations detailed above, the following shall also apply: Within 20 metres of the Wilson Street West lot line, the minimum façade shall be equal to 40% or more of the measurement of the Wilson Street Lot Line, excluding access driveways to Wilson Street West and enhanced bioswale areas, and shall be subject to the following: 4) A maximum building set back of 6.0 metres; 5) A minimum of 40% of the area of the ground floor façade facing Wilson Street West shall be composed of windows and doors; and, 6) No parking, driveways, drive through lanes, stacking lanes, or aisles shall be located between the building façade facing Wilson Street and Wilson Street. (j) The lands zoned C3-657 shall be deemed to be one lot for zoning purposes notwithstanding any division of such land into separate parcels. (k) A maximum of 2,000 sq.m. of office uses shall be permitted on the lands zoned C3-657. 3.0 Definitions Notwithstanding Section 3.0, the following provisions apply: (c) "Façade" shall mean a building or series of building walls facing a street; and (d) "Supermarket" means a store in which various kinds of food and non-food items are offered or kept for sale, including fresh meats and fresh produce, provided that the area devoted to food items is predominant, and the non-food items may include but are not limited to flowers, hardware, patent medicines, toiletries, household supplies, garden supplies, wine, photofinishing, magazines and videos. Zone & Exception Number Special Provisions 34-55 H-RM6-714 (23-136) That notwithstanding the provisions of paragraph (a) of Subsection 7.11 "Maximum Building Height", paragraph (a) (x) and (b) of Subsection 7.14 "Parking and Loading", and paragraphs (a), (c), (d), (f), (g), (h), (i), (j), (k), and (l) of subsection section 19.2 "Regulations" of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "H-RM6-714": REGULATIONS (a) Minimum Lot Area 1,330 square metres. Notwithstanding the definition of "Lot Area" in Section 3.76, Lot Area shall not include the area within Block 1 - Future Right of Way Dedication on Figure 3: 140 Wilson Street West, Ancaster of Section 39: Special Figures. (b) Maximum Density 70 dwelling units per hectare (c) Minimum Lot Frontage 24 Metres (d) Maximum Lot Coverage 41 percent. Notwithstanding the definition of "Lot Coverage" in Section 3.78, the area of the lot shall not include the area within Block 1 - Future Right of Way Dedication on Figure 3: 140 Wilson Street West, Ancaster of Section 39: Special Figures. (e) Minimum Front, Side, and Rear Yard In accordance with Block 2 - Extent of Building Zone & Exception Number Special Provisions 34-56 Envelope on Figure 3: 140 Wilson Street West, Ancaster of Section 39: Special Figures. (f) Parking 1.33 plus 0.22 visitor parking spaces per dwelling unit. (g) Children's Play Area Children's play area provision shall not apply. (h) Maximum Height 11.25 metres (i) Minimum Landscaping 26 percent of the lot area per Subsection (a) hereof. In addition to the definition of "Landscaping" in Section 3.73, landscaping shall include a minimum of 13 trees with a minimum 50 mm caliper planted on site. The minimum landscaping requirement shall not be provided within Block 1 - Future Right of Way Dedication on Figure 3: 140 Wilson Street West, Ancaster of Section 39: Special Figures. (j) Maximum Parking Coverage The at-grade parking area shall not occupy more than 45 percent of the total lot area. In addition to the requirements of Section 7.14 (a) (xiii), the surface of a parking area may include permeable pavers. Zone & Exception Number Special Provisions 34-57 (k) Future Right-of-Way Dedication No development, other than access and landscaping but not including a required planting strip, shall occur on Block 1 - Future Right-of- Way Dedication on Figure 3: 140 Wilson Street West, Ancaster of Section 39: Special Figures. That the amending By-law apply the Holding Provision of section 36(1) of the Planning Act, R.S.O. 1990 to the subject lands by introducing the Holding symbol 'H' as a suffix to the proposed zoning. The Holding Residential Multiple "H-RM6-714" Zone, Modified, shall be removed conditional upon: a) That the applicant complete an Archaeological Assessment to the satisfaction of the Ministry of Citizenship and Multiculturalism and the Director of Planning and Chief Planner. b) That the Owner prepare and receive approval of a Landscape Plan, including providing for 1 for 1 compensation for 22 privately owned trees (10 cm diameter at breast height (DBH) or greater) that are removed from private property through replanting trees on site and/or payment of cashin-lieu, to the satisfaction of the Director of Planning and Chief Planner. c) That the Owner shall investigate the noise levels 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 noise control measures shall be submitted to the satisfaction of the Zone & Exception Number Special Provisions 34-58 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 and shall be submitted to the satisfaction of the City of Hamilton, Director of Planning and Chief Planner. Zone & Exception Number Special Provisions 34-59 34.2 Lands Affected on Schedule "B" Zone & Exception Number Special Provisions ER-201 Notwithstanding Table 10.3.5 - Side Yard Setback of SECTION 10: (18-105) EXISTING RESIDENTIAL "ER" ZONE, a minimum interior side yard of 3.0 metres shall be required for any interior lot with a lot frontage of less than 30 metres. i. Notwithstanding site specific exception ER-201, for the property located at 38 Park Lane, a minimum westerly side yard of 1.5 metres shall be permitted. ER-202* Lot 25, R.P. 828 (Stevens Survey), may continue to be used for parking purposes only. C5-203* These lands shall only be used for a building contractor's operation. R4-205 The minimum floor area shall be 116 square metres. (85-129) R4-206 (a) Minimum Lot Area 495 square metres. (85-129) (b) Minimum Lot Frontage 15 metres except on a corner lot the minimum lot frontage shall be 21 metres. R3-207 The minimum side yard abutting a street shall be 6.1 metres. (85-129, 88-58) RM3-209 (a) Minimum Lot Frontage 89 metres. (85-129) (b) Minimum Lot Depth 61 metres. (c) Maximum Density 15 dwelling units. (d) A planting strip of minimum 6 metres width shall be provided and maintained adjacent to any street. C3-211* These lands shall only be used for a florist shop. Zone & Exception Number Special Provisions 34-60 (a) Minimum Lot Frontage 18 metres or as existing. (b) Minimum Lot Area 5,665 square metres or existing (c) Maximum Lot Coverage 35 percent. (d) Minimum Front Yard 5 metres. (e) Minimum Side Yard 7.5 metres. (f) Minimum Rear Yard 9 metres. (g) Maximum Height 10.5 metres. (h) Minimum Parking Spaces 1 parking space for each 2.5 dwelling units. R1-212 The minimum lot frontage shall be 30 metres, the minimum lot area shall (2325) be 1,100 square metres and the minimum side yard shall be 3 metres. C6-213 These lands may also be used for a restaurant and motel. C3-214 These lands shall only be used for professional or medical offices, retail (80-30) stores and personal service shops. M6-215 These lands shall only be used for the operations and equipment storage of an excavation contractor and uses, buildings and structures accessory thereto. A-216 Piggeries, poultry operations, feed lot operations, mushroom farms, and mink farms are prohibited on these lands. RM6-217 Permitted Uses: (75-28) (93-20) (a) multiple residential housing for senior citizens. (b) any use accessory to the foregoing permitted use. Regulations for Multiple Residential Housing: Zone & Exception Number Special Provisions 34-61 (i) Minimum Landscaped Area 50 percent of lot (including amenity areas) (j) Maximum Number of 45 dwelling units. Dwelling Units Permitted Regulations for Uses Accessory to Multiple Residential Housing: (a) (b) (c) Location Maximum Height Maximum Lot Coverage in rear yard only. 4.5 metres. 5 percent of the lot area, provided lot coverage of all buildings does not exceed 35 percent of lot area. (d) Minimum Distance from 1.5 metres All Lot Lines R3-218 (a) Maximum Lot Coverage 35 per cent, except in R.P. M-292 (77- 65, the maximum lot coverage for Lots 81-64) for Lots 3 to 18, 60, 61, 86, 88, 89, 90, 108 to 116 and 123 shall be 25 per cent. (b) Minimum Side Yard 1.5 metres, except on a comer lot the minimum side yard abutting a street shall be 6 metres. (c) Maximum Height 10.5 metres but not more than 2 storeys. RM1-219 The provisions of Subsection 14.2 (j) shall not apply. (76-44) C1-220* These lands shall only be used for a medical or dental office and accessory residential use. Zone & Exception Number Special Provisions 34-62 C3-221 These lands shall only be used for a parking area in conjunction with the commercial uses permitted on the lands zoned C3-280. O1-222* These lands may also be used for an arena. R3-223 The minimum side yard on the north side of Lot 3 and the south side of Lot 4 shall be 3 metres. ER-224* These lands may also be used for a medical or dental office subject to (2199,2210) the following provisions: (a) the floor area of such office shall not exceed 25 per cent of the floor area of the dwelling, (b) such office shall be used only for consultation and emergency or minor treatment and not as a private clinic or hospital, (c) a minimum number of four (4) parking spaces shall be provided and maintained on the lot containing such office, (d) a sign indicating the name of a qualified medical practitioner shall be permitted, and (e) enlargement or replacement of the existing residential buildings on such lands with new offices or buildings is prohibited. ER-225 These lands may also be used for a Child Care Centre subject to the following (2386,2422) provisions: (a) Minimum Front Yard 12.3 metres. (b) Minimum Rear Yard 24.84 metres. (c) Minimum Westerly Side Yard 5.4 metres. (d) Minimum Easterly Side Yard 5.6 metres. VA-226 These lands, in addition to the existing residential and commercial office Zone & Exception Number Special Provisions 34-63 (74-28) uses, may be used for the sale of floral arrangements, china, crystal, (92-79) pictures, lamps, candles, small antique furniture and other similar small gift items only, and two apartment dwelling units. R3-227 These lands shall have a minimum side yard abutting Lima Court of 3.65 (85-76) metres. C4-228* These lands shall only be used for a motor vehicle service station, motor (74-39) vehicle gasoline bar, motor vehicle repair garage and a retail store for the sale of small household appliances. R3-229 (a) The following provisions shall apply in place of the minimum side (74-56, yard requirements of Subsection 11.1.2(e) hereof 76-17, 80-89) (i) One Side: - 1 Storey 1.5 metres. - 1 1/2 Storey - 2 or 2 1/2 Storey 1.8 metres. 1/2 the height (without garage) of the dwelling - 2 or 2 1/2 Storey 1.5 metres. (with garage) (ii) Other side 1.5 metres. (iii) On a corner lot the minimum side yard abutting a street shall be 6 metres. (b) Maximum lot coverage for Lots 87, 91, 108, 110 and 111 of Registered Plan No. M268 (High Park Estates, Phase 3) shall be 25 per cent. R2-230 (a) Minimum Side Yard (75-29, 76-16) (i) One Side: - 1 Storey 1.8 metres. Zone & Exception Number Special Provisions 34-64 - 2 Storey (without 1/2 the height garage) of the dwelling. - 2 Storey (with garage) 1.8 metres. (ii) Other Side 1.8 metres. On a corner lot the minimum side yard abutting a street shall be 7.5 metres. (b) Minimum Floor Area (i) 1 Storey 140 square metres. (ii) 1 1/2 Storey or Split Level 160 square metres. (iii) 2 Storey 185 square metres. (c) The erection of any building or structure within 7.5 metres of the edge of the rock, outcropping forming the northerly boundary of this "R2-230" Zone shall be prohibited. C3-231 These lands shall only be used for not more than three (3) business (74-82) or professional offices on the main floor, two business or professional offices on the second storey and one (1) dwelling unit on the second storey subject to the following provisions: (a) Parking spaces shall be provided on these lands in accordance with the following requirements: (i) 1 1/2 parking spaces for each residential dwelling unit, and (ii) 1 parking space for the first 30 square metres and 1 parking space for each 70 square metres or part thereof thereafter of the business or professional offices. C3-234 These lands shall only be used for professional and commercial offices, Zone & Exception Number Special Provisions 34-65 (76-15) banks or financial institutions, retail stores, pharmacy, personal service 80-105) shops and medical clinics subject to the following provisions: (a) Minimum Lot Frontage 24 metres. (b) Minimum Lot Area 765 square metres. (c) Minimum Front Yard 60 centimetres. (d) Minimum Interior Side Yard 15 centimetres. (e) Minimum Exterior Side Yard Abutting a Street 90 centimetres. (f) Minimum Rear Yard 14.6 metres. (g) Maximum Lot Coverage 38 per cent. (h) Minimum Landscaping Requirement A planting strip of 1.2 metres width shall be provided and maintained adjacent to every portion of the rear lot line that abuts any property used for residential purposes. (i) Maximum Building Height 10.5 metres. (j) A minimum of 13 parking spaces shall be provided. C3-235 These lands shall only be used for a shopping centre comprising a group of (79-48) eight or more non-residential establishments, predominantly retail commercial in nature. The minimum front yard shall be 0.914 metre. A-237* The existing agricultural buildings on these lands may also be used for (2358) auction sales purposes subject to the following provisions: (a) goods of any kind shall not be stored outside of such buildings except on a day when such goods are offered for sale, and Zone & Exception Number Special Provisions 34-66 (b) off-street parking facilities shall be provided containing not less than one parking space per three (3) persons designed capacity of the auction room. R1-238 The minimum front yard shall be 90 metres. (85-128) The minimum lot frontage 18.2 metres. C5-239* These lands shall only be used for a farm market and the following (87-64) provisions shall apply in place of the maximum lot coverage in Table 2: Regulations of Subsection 22.2: Any building or structure on these lands shall have a maximum gross floor area of 112 square metres. M5-240* These lands shall only be used for heating fuel storage. C5-241* These lands shall only be used for a restaurant and drinking establishment. P-242 These lands shall only be used for a low profile transformer station. (78-27) C5-243* These lands shall only be used for the repair and open storage of service (74-83) station equipment, which for the purpose of this By-law means and includes gasoline and diesel pumps, hoists, air compressors, sign poles and signs, subject to the following provisions: (a) An accessory building may be erected and used for the repair of service station equipment provided the horizontal dimensions of such building are not more than 9.2 metres by 15.3 metres, and that the minimum setback from the side and rear lot lines is 15.2 metres. (b) A 1.5 metre high privacy fence is to be constructed in the rear yard of the said lands to provide an enclosure for the storage of service station equipment. The fence is to be constructed along the rear lot line and along both side yard lines up to a line 30.48 metres in front of and parallel to the rear lot line. The fencing is to be continued inward from the side lot lines to the front corners of the said accessory building (the front fence line corresponds to the front wall location of the accessory building). Access by trucks or workmen to the enclosure is to be by means of gates which, when closed, block any view from outside of the fence of the stored Zone & Exception Number Special Provisions 34-67 service station equipment within. (c) Immediately in front of the privacy fence a 1.2 metre planting strip comprised of 0.9 metre high evergreens at 1-07 metre centres is to be properly planted and maintained along the full width of the said lands with the exception of any driveway to the building or enclosed area. A-244* These lands shall only be used for a garden centre. P-245 These lands may also be used for a natural gas regulator site subject (76-36, to the following provisions: 76-37) (a) Minimum Lot Frontage 22 metres (b) Minimum Front Yard 12 metres (c) Minimum Side Yard 6 metres (d) Minimum Rear Yard 6 metres (e) Maximum Height 10.5 metres R3-246 The existing detached dwelling on these lands may be used for an art (85-126) gallery and framing studio on the ground floor subject to: (a) (b) Minimum Rear Yard Minimum Side Yard 15.25 metres 4.57 metres adjacent to any lot containing a residential use (c) Parking (i) One parking space for each 28 square metres or part thereof of floor area devoted to such art gallery and framing studio, and (ii) No parking area or access for such art gallery and framing Zone & Exception Number Special Provisions 34-68 studio shall be located in the rear yard. A-247 A maximum of two detached dwellings may be erected on these lands. (2404) O1-248 These lands shall only be used for a private tennis and squash club with (75-13) accessory facilities. A minimum of one parking space for each six people maximum designed capacity shall be provided on these lands. VA-250 These lands shall only be used for retail stores, banks, restaurants, (79-106, pharmacies, personal service shops, business and professional offices and 80-60) medical clinics. C3-251* These lands shall only be used for retail stores, professional offices and (77-85) medical centres, and the following provisions shall apply in place of the relevant provisions of Subsection 22.2: (a) Minimum Lot Area 1,390 square metres. (b) Minimum Lot Frontage 30.5 metres. (c) Maximum Lot Coverage 28 per cent. (d) Minimum Front Yard 4.5 metres. (e) Minimum Side Yard As existing for the internal side yard, and 9.14 metres for the external side yard abutting Wilson Street. (f) Minimum Rear Yard As existing. C2-252 The minimum rear yard shall be 12.19 metres. (79-32) A-253* These lands may also be used for an animal hospital, but outside animal (80-14) enclosures are prohibited. A-254* These lands may also be used for a nursery, and a retail garden centre (77-73, which shall include land, buildings and structures used for the growing or Zone & Exception Number Special Provisions 34-69 87-69) selling of nursery stock, and/or flowers, tropical plants, bedding plants, fertilizer, peat moss, soil mixtures, seeds, bulbs, planting pots, gardening literature, plant hangers, landscaping ornaments, rocks, garden implements including gardening equipment, and the following provisions shall apply in place of the relevant provisions of Subsection 8.2: (a) Minimum Lot Frontage As existing. (b) Maximum Lot Coverage 20 per cent. (c) Minimum Front Yard 30.5 metres (d) Minimum Side Yard 7.5 metres. (e) Minimum Rear Yard 10.6 metres. (f) Minimum Parking Requirements: (i) One parking space for every 28 square metres, or fraction thereof, of floor area devoted to retailing of products, shall be provided on the lot, and (ii) No parking space shall be located within 1.5 metres of any lot line. That part of the foregoing lands commencing approximately 208 metres south of Highway No. 53 and having a frontage of 103.63 m and a depth of 198.12 metres shall be subject to the following additional provisions: RM2-255 & (a) (b) (a) Minimum Lot Frontage 103.63 metres. Minimum Side Yard 6 metres. For the RM2-255 Zone the minimum lot frontage on Dunham RM3-255 Drive shall be 16.5 metres. (80-68) (b) For the RM3-255 Zone the minimum lot frontage on Dunham Drive shall be 38 metres, the minimum front yard shall be 7.5 metres, the minimum side yard shall be 6 metres except abutting a Zone & Exception Number Special Provisions 34-70 street it shall be 7.5 metres, and the minimum rear yard shall be 7.5 metres. R4-256 (a) Minimum Side Yard 1.5 metres except: (80-54, 86-146, (i) Where the adjacent building height does not exceed 3.5 89-33) metres, the minimum side yard shall be 1.2 metres. (ii) Where there is an attached garage or carport with no rooms or part of rooms above, the minimum side yard shall be 1 metre. (b) Minimum Floor Area 102 square metres (c) Each dwelling unit shall have a private garage which shall be not closer than 7.5 metres to any street. R1-257 These lands shall have a minimum lot frontage of 32 metres. (85-38) R3-258 & (a) For the R3-258 Zone the minimum lot frontage shall be 16.8 R4-258 metres. (81-24) (b) For the R4-258 Zone the maximum lot coverage shall be 40 per cent, the minimum side yard shall be one metre except that on an interior lot the sum of the side yards shall be not less than 2.5 metres and on a corner lot the minimum side yard abutting a street shall be 7.5 metres. I-259 These lands may also be used for uses accessory and incidental to the (81-89) purposes of a church, including offices, meeting rooms, studies and residential use consisting of not more than one dwelling unit, subject to the following provisions: (a) Minimum lot area 1,468 square metres. (b) Minimum lot frontage 28 metres. (c) Maximum lot coverage 30 per cent. (d) Minimum front yard 9 metres. Zone & Exception Number Special Provisions 34-71 (e) Minimum side yard 4.5 metres. (f) Minimum rear yard 7.5 metres. (g) Minimum parking requirements: Two (2) parking spaces per dwelling unit one (1) parking space for each 20 square metres of floor area or part thereof devoted to uses other than residential and located on the lands to which this provision applies or on a lot within 60 metres of said lands. C5-261* These lands shall only be used for an earth-moving contractor's operation and one detached dwelling. M5-262* These lands shall only be used for a paving contractor's equipment, supplies and storage. C1-263 Notwithstanding any provision to the contrary of Subsection 22.1 - (81-102) Permitted Uses of Section 22: General Commercial or any other section, (01-65) of Zoning By-law No. 87-57 (Ancaster), the lands zoned C1-263, (02-74) described as Part of lot 43 , concession 3, shall be subject to the following: Permitted Uses: Only the following uses shall be permitted: A medical clinic having offices containing a maximum of four (4) physicians and laboratory and x-ray facilities. (a) Minimum lot frontage 33 metres. (b) Minimum lot area 2,425 square metres. (c) Maximum lot coverage 11 per cent (d) Maximum gross floor area 22 per cent of lot area (e) Minimum front yard 8.5 metres (f) Minimum side yard, not abutting a street 15.5 metres Zone & Exception Number Special Provisions 34-72 (g) Minimum side yard, abutting a street 8.3 metres (h) Maximum building height 10.5 metres. (i) Minimum parking requirements: A minimum of 36 parking spaces shall be provided and maintained. (k) Access Driveways: No access driveway shall be located on the frontage to Wilson Street at a distance of less than 4.5 metres from the easterly side lot line, or on the flankage to Fiddler's Green Road at a distance of less than 4.5 metres from the northerly rear lot line. 6.0 That the amending by-law apply the holding provisions of Section 36(1) of the Planning Act, R.S.O. 1990, to the subject lands, by introducing the holding symbol "H" as a suffix to the proposed "C1-263" Zone applicable to Blocks "1" and "2". The holding provisions will prohibit the development of the subject lands, referred to in sections (a) and (b), until such time as the following conditions have been satisfied: (i) the applicant has applied for and received final approval from the Land Division Committee pertaining to the severing of the strip of land from 17 Wilson street East; and, (ii) the applicant has entered into a Site Plan Agreement with the City of Hamilton. C1-263.1 All other regulations of the Convenience Commercial "C1" Zone shall apply. (02-74) Holding Provision is hereby removed All other regulations of Section 34.2, Neighbourhood Commercial "C1-263" Zone, as amended and Section 22, Neighbourhood Commercial "C1" Zone and General Provisions of Zoning By-law No 87-57 (Ancaster), shall continue to apply Zone & Exception Number Special Provisions 34-73 C3-264 These lands shall only be used for a motor vehicle repair garage. (82-28) C1-265* These lands shall only be used for a bank, medical centre, office, personal service shop, restaurant, retail store, and accessory residential use. R4-266 The following provisions shall apply in place of the relevant provisions (82-12 4) of Subsections 7.18, 7.12 and 12.2: (a) Minimum side yard 1.5 metres except: (i) Where the adjacent building height does not exceed 3.6 metres, the minimum side yard shall be 1.2 metres, (ii) Where there is an attached garage or carport with no rooms above, the minimum side yard shall be 1 metre, and (iii) On a corner lot the minimum side yard abutting a street shall be 7.5 metres. (b) Minimum dwelling separation 2.1 metres. (c) Minimum floor area 102 square metres. (d) Minimum first floor area of a multi-storey dwelling, exclusive of an attached garage 60 square metres. (e) Accessory Buildings: (i) Minimum setback from lot lines for accessory buildings except garages which shall require the same setback as the principal dwelling 75 centimetres. (ii) Site location in rear yard only. (f) Private Garages: Zone & Exception Number Special Provisions 34-74 (i) Each dwelling unit shall have a private garage. (ii) No private garage shall be located within 7.5 metres of any street line. C5-267* These lands shall only be used for the sale and service of farm machinery and/or equipment, and/or equipment rental. C6-268* These lands shall be used only for a variety store, and a motor vehicle service station and motor vehicle repair garage. C5-269* These lands shall only be used for a swimming pool sales and service. C6-271* These lands shall only be used for a motor vehicle service station, sales and service of snowmobiles and a lawn care service operation. C5-272* These lands shall only be used for a landscape gardening business. C4-273 These lands shall only be used for an animal hospital. C4-274 These lands shall only be used for a nursery. A-275 These lands may also be used for the sale of antiques, including furniture and other household articles. RM3-276 The required 3 visitor parking spaces for the permitted 4 existing block (83-74) townhouses permitted 4 existing block townhouse units situated on these lands may be located within 30 metres of these lands. RM3-277 The following provisions shall apply in place of the relevant provisions of (83-74) Subsection 16.2: (a) Minimum width per unit 6 metres. (b) Minimum lot frontage 24 metres. (c) Minimum side yard 6 metres. RM6-278 The regulations in Subsection 19.2 for the RM6 zone apply except as Zone & Exception Number Special Provisions 34-75 (83-74) follows: (93-20) (a) Maximum density 77.14 dwelling units per hectare. (b) (c) Maximum lot coverage Minimum landscaping open space 31.25 per cent. all land not covered by buildings, driveways, parking areas and play areas shall be landscaping. (d) Planting strip the regulations of 19.2 (n) shall not apply. (e) On-site setback requirements of Subsection 19.2 (o) are varied as follows: (i) 22m in line 1 of column 2 is reduced to 21m. (ii) 15m in line 2 of column 2 where there are no windows is reduced to 10.5m. (iii) 15m in line 1 of column 3 is reduced to 10.5m. (ii) 3m in line 4 of column 3 is reduced to 0.5m. (v) 4.5m in line 2 of column 4 is reduced to 1.5m. (vi) requirements in line 5 of columns 2, 3 and 4 are deleted. (vii) The asterisk note applicable to the table of requirements is changed to read "Excluding a roadway which provides access to the front or main entrance of an apartment house". (f) Number of bedrooms - the regulations of 19.2 (p) shall not apply. RM6-279 The existing height and existing setbacks shall apply to these lands. (93-20) Zone & Exception Number Special Provisions 34-76 C3-280 These lands shall only be used for a restaurant, dining lounge, gift shop, milling, sale of flour and similar products, an office accessory to the foregoing and parking area. R3-281 (a) Minimum Lot Frontage 15 metres except on a corner lot the (83-98) minimum lot frontage shall be 21 metres. (b) Minimum Lot Area 495 square metres. (c) Minimum Side Yard 1.5 metres except on a corner lot the minimum side yard abutting a street shall be 6.1 metres plus any applicable distance as specified in Schedule "C". (d) Minimum Floor Area (i) 1 Storey 92 square metres. (ii) 1 1/2 Storey or 107 square metres. Split Level (iii) 2 or 2 1/2 Storey 123 square metres R3-282 (83-98) (a) (b) Minimum Lot Area Minimum Side Yard 620 square metres. 1.5 metres, except on a corner lot the minimum side yard abutting a street shall be 6.1 metres plus any applicable distance as specified in Schedule "C". R3-283 (83-98) (a) (b) Minimum Lot Frontage Minimum Lot Area 21 metres 720 square metres. Zone & Exception Number Special Provisions 34-77 (c) Minimum Side Yard 1.5 metres, except on a corner lot the minimum side yard abutting a street shall be 6.1 metres plus any applicable distance as specified in Schedule "C". RM6-285 (93-20) (a) (b) Minimum Lot Frontage Parking Requirements: 20 metres. A minimum of 12 parking spaces and a minimum of 4 visitor parking spaces shall be provided. (c) A children's outside play area need not be provided. (d) Minimum Floor Area Per Dwelling Unit: (i) One bedroom unit 50 square metres. (ii) Two bedroom unit 62 square metres. (e) The provisions of clause (p) of Subsection 19.2 shall not apply. A-286 (92-109) 1.1 Notwithstanding SECTION 8: AGRICULTURAL "A" ZONE of Zoning By-law No. 87-57, the following temporary use shall be permitted: (a) A landscaping business limited to the land shown on Schedule "A", and to the existing building and parking area, for a period of not more than three years from the date of the passing of this By-law. (By-law 92-109 passed on November 23, 1992). 1.2 For the purposes of this By-law, "landscaping business" shall mean the storage of vehicles and equipment and the growing of nursery stock. R2-287 The following provisions shall apply in place of the relevant provisions Zone & Exception Number Special Provisions 34-78 (86-107) of Subsection 11.2 (a) Minimum Lot Frontage 18 metres. (b) Minimum Lot Area 660 square metres. R2-288 The erection of any building or structure on these lands is prohibited. (86-87) R3-289 These lands may be used for a travel agency business, limited to a (86-96) maximum floor area of 125 square metres and signs pertaining to such business are permitted on these lands subject to the following provisions: (a) A plastic, internally illuminated sign, having maximum dimensions of 76 cm by 3.6m, located on the face of the building, and (b) A plastic, internally illuminated sign, viewable from both sides, mounted on two wooden posts, having maximum dimensions of 1.2m by 1.8m, located a minimum distance of 1.5m from the front lot line. C2-290 These lands may be used for a shopping centre which shall include retail (86-108) stores, banks, restaurants, personal service shops, business and professional offices, medical clinics, and places of entertainment or recreation within the building, but excluding penny arcades. The following provisions shall apply in place of the relevant provisions of Section 22: (a) Minimum Lot Frontage 159.0 metres. (b) Minimum Lot Depth 140.0 metres. (c) Maximum Gross Floor Area 7,175.0 square metres. (d) Minimum Front Yard 9.0 metres. (e) Minimum Side Yard 6.0 metres. Zone & Exception Number Special Provisions 34-79 (f) Minimum Rear Yard 15.0 metres. (g) Minimum Parking 399 spaces. (h) Minimum Parking for Handicapped Persons 4 spaces. (i) Off-Street Loading 1 space. (j) Landscaping (i) A minimum 1.5 metre wide landscaped area shall be provided along the portion of the rear lot line extending 96 metres in an easterly direction from the westerly lot line. (ii) A minimum 4.5 metres wide landscaped area shall be provided along the portion of the rear lot line from a point 96 metres east of the westerly lot line to the easterly lot line. (k) Screening A visual barrier not less than 1.2 metres in height and not more than 2.0 metres in height shall be provided along the rear lot line. For the purposes of this clause, a "visual barrier" shall mean a continuous, uninterrupted structure which completely blocks lines of sight when viewed perpendicularly from either of its sides, and shall consist of one or more of the following materials: wood, stone, bricks, and fabricated metal or other similarly solid material. R3-291 The following provisions shall apply in place of the relevant provisions (86-109) of Subsection 11.3.2: (a) Minimum Lot Area 600 square metres. Zone & Exception Number Special Provisions 34-80 (b) Minimum Lot Frontage 18 metres except on a corner lot the minimum lot frontage shall be 21 metres. R3-292 The following provisions shall apply in place of the relevant provisions of (86-109) Subsection 11.3.2: (a) Minimum Lot Area 600 square metres. (b) Minimum Lot Frontage 16.8 metres. R1-293 The minimum lot frontage shall be 22.8 metres. (86-111) R3-294 The existing detached dwelling on these lands may also be used for a (86-65) office subject to: (a) Parking A minimum of one parking space for each 28 square metres of ground floor area plus one parking space for each 65 square metres of remaining floor area shall be provided. (b) Landscaping A landscaping strip of minimum 3 metres width shall be provided between the boundary of the parking area and any lot line adjoining a Residential Zone. (c) Screening Where parking is provided in the rear yard, a visual barrier not less than 1.2 metres in height and not more than 1.8 metres in height shall be provided along the adjacent lot lines. For the purposes of this clause a "visual barrier" shall mean a continuous, uninterrupted structure which completely blocks lines of sight when viewed perpendicularly from either of its sides, and shall consist of one or more of the following materials: wood, stone, bricks and fabricated metal or other similarly solid material. Zone & Exception Number Special Provisions 34-81 ER-295 Deleted by (17-240) (86-139) R3-296 The following provisions shall apply in place of the relevant provisions (86-95) of Subsection 11.3.2: (a) Minimum Lot Area 495 square metres. (b) Minimum Lot Frontage 15 metres, except on a corner lot the minimum lot frontage shall be 18 metres. R3-297 The following provisions shall apply in place of the relevant provisions of (86-95) Subsection 11.3.2: (a) Minimum Lot Area 600 square metres (b) Minimum Lot Frontage 18 metres, except on a corner lot the minimum lot frontage shall be 21 metres. R3-298 The following provisions shall apply in place of the relevant provisions of (86-95) Subsection 11.3.2: (a) Minimum Lot Area 700 square metres. (b) Minimum Lot Frontage 21 metres. R4-299 Lot 44 of Registered Plan No. 793 may be divided into two parcels, the (87-15) northerly parcel comprising 504 square metres and the southerly parcel comprising 675 square metres. For the northerly parcel the minimum front yard shall be 7.44 metres and the minimum rear yard for an accessory building shall be 6.09 metres. R3-300 The following provisions shall apply in place of the relevant provisions of (87-3) Subsection 11.3.2: Zone & Exception Number Special Provisions 34-82 (a) Minimum Lot Area 600 square metres except on a corner lot the minimum lot area shall be 720 square metres. (b) Minimum Lot Frontage 18 metres except on a corner lot the minimum lot frontage shall be 24 metres. (c) No building or structure shall be located less than 15 metres from the northerly boundary of the R3 Zone on these lands where it adjoins the A and the O1 Zones. R3-301 The following provisions shall apply in place of the relevant provisions of (87-23) Subsection 11.3.2: (a) Minimum Lot Area 600 square metres except on a corner lot the minimum lot area shall be 715 square metres. (b) Minimum Lot Frontage 18 metres except on a corner lot the minimum lot frontage shall be 24 metres. R3-302 The following provisions shall apply in place of the relevant provisions of (87-5) Subsection 11.3.2: (a) Minimum Lot Area 600 square metres except on a corner lot the minimum lot area shall be 715 square metres. (b) Minimum Lot Frontage 18 metres except on a corner lot the minimum lot frontage shall be 21 metres. R3-303 The following provisions shall apply in place of the relevant provisions of (86-144) Subsection 11.3.2: (a) Minimum Lot Area 600 square metres except on a corner lot the minimum lot area shall be 715 square metres. Zone & Exception Number Special Provisions 34-83 (b) Minimum Lot Frontage 18 metres except on a corner lot the minimum lot frontage shall be 21 metres. A-304 These lands shall only be used for the sale, repair and storage of fencing (87-68) materials and rental of related equipment. For the purposes of this by-law "fencing materials" includes wood, wire, plastic, steel or such similar materials used in the construction of privacy screens and/or fences. The following provisions shall apply in place of the relevant provisions of Subsection 8.2: (a) Minimum Lot Area 10,265 square metres. (b) Minimum Lot Frontage 51 metres. (c) Maximum Lot Coverage 20 per cent. (d) Minimum Front Yard 30 metres. (e) Minimum Side Yard 6 metres. (f) Minimum Rear Yard 11 metres. The following provisions shall apply in place of the relevant provisions of Subsection 7.14: (a) Minimum required number of parking spaces - 25. (b) All loading areas, including loading ramps and docks, shall be located in the rear yard only. RM4-305 These lands shall only .be used for one retirement residence and uses, (87-98) buildings and structures accessory thereto, which residence, for the residence, for the purpose of this by-law means a building licensed as a retirement facility and which is designed to accommodate a maximum of 46 persons of whom at least eighty-five percent (85%) shall be 60 years of age or older, wherein sleeping, bathroom, dining and recreational activity facilities are provided for a fee, and includes a single-family dwelling unit for the operator, but shall not include any other facility which is licensed, Zone & Exception Number Special Provisions 34-84 approved or supervised under any general or special Act. The following provisions shall apply in place of the relevant provisions of clauses (f) and (i) of Subsection 17.2: (e) Maximum Lot Coverage 22 per cent. (m) Parking A minimum of 21 on-site parking spaces shall be provided. The provisions of clauses (b) Maximum Density and (n) Children's Outside Play Area. In addition, a visual barrier having a maximum height of 1.8 metres shall be required along the perimeter of the parking area on these lands. In accordance with Section 14 of By-law No. 93-20, the Residential Multiple "RM6" zone should be referred to as the underlying zoning, instead of the Residential Multiple "RM4" zone. R3-306 On a corner lot the minimum lot frontage shall be 19 metres. (87-99) R3-307 The minimum lot frontage shall be 16.76 metres. (87-105) R1-308 Lot 25 shall have a minimum side yard on the north side of 1.5 metres. (87-112) C3-309 These lands shall only be used for the following uses: (88-16) - Banks and financial institutions. - Barber shops, hairdressing shops and beauty shops. - Building supply sales in wholly enclosed buildings. - Business and professional offices. - Craft and custom Workshops. - Drugstores. - Establishments providing educational or instructional services. - Insurance offices. Zone & Exception Number Special Provisions 34-85 - Medical clinics. - Personal service shops. - Printing and publishing establishment. - Real estate offices. - Restaurants. - Retail stores. - Travel agencies. - Four dwelling units located only on the second floor. - One garbage disposal unit. Zone & Exception Number Special Provisions 34-86 The foregoing uses shall be subject to the following provisions in place of the relevant provisions of Subsection 22.2: Minimum Front Yard 13 metres measured from the centre lines of Wilson Street and Old Dundas Road. Minimum Side Yard l metre. In addition to the requirements of Subsection 7.14 (b) (ii) (N) in respect of self-service dry cleaners and laundromat, there shall be a minimum of 6 spaces. The following provisions shall also apply: (a) A daylighting triangle of 9.14 metres shall be provided at the intersection of Old Dundas Road and Wilson Street and shall contain no visual obstructions higher than 76 centimetres measured from the lowest crown of the adjacent streets. (b) A solid wood fence having a maximum height of 1.8 metres shall be erected along the entire length of the southerly lot line and along the northerly lot line where parking is provided. (c) A minimum 3.0 metre planting strip shall be provided along the front of the property abutting the street lines, except for driveways, and along the northerly lot line where parking is provided. A minimum 1.0 metre planting strip shall be provided along the entire length of the southerly lot line. (d) A solid wood fence, 1.8 metres high, shall be provided to completely enclose a garbage disposal unit. C3-310 These lands shall only be used for retail stores, banks, restaurants but not (87-70) fast food restaurants, personal service shops, small engine repair shops but (94-88) not including motor vehicles, business, professional and government (94-90) offices, video rental outlets, bakeries, convenience retail stores and animal hospitals (without outside runs). Zone & Exception Number Special Provisions 34-87 The following provisions shall apply in place of the relevant provisions of Subsection 22.2: 2. Minimum Lot Frontage 28.04 metres. 6. Minimum Side Yard 0.0 metre. along southerly lot line 13. parking requirement shall be based on one space per 25 square metres of total floor area, but for restaurants one space for each two persons that can be accommodated at any one time. In addition, a 1.8 metre high solid fence and a minimum 3.048 metre landscaped buffer shall be provided along the easterly (rear) lot line. R3-312 (a) Minimum Lot Area 510 square metres, except on a lot the minimum lot area shall be 600 square metres. (b) Minimum Lot Frontage 15 metres, except on a corner lot the minimum lot frontage shall be 21 metres. RM3-313 (a) Minimum Lot Area 1.58 hectares. (b) Maximum Density 20 dwelling units. (c) Minimum Lot Frontage 54 metres along McNiven Road. (d) Minimum Building 12 metres from McNiven Road, Setbacks 24.3 metres from Mohawk Road, 10.6 metres from southerly lot line; and 9.1 metres from easterly lot line. (e) Maximum Lot Coverage 14% (f) Maximum Height 2 storeys and 10.5 metres. Zone & Exception Number Special Provisions 34-88 (g) Minimum Floor Area per unit 167.0 square metres. (h) Minimum Width per unit 7.5 metres (i) Minimum Privacy Area per unit 37.0 square metres. (j) Dwelling Unit Placement: (i) Not more than 7 dwelling units shall be attached in a continuous row; and (ii) Not more than 4 dwelling units shall be erected in a row without offsetting or staggering the front face or wall of the dwelling a minimum of 1.0 metre or without varying the exterior design and materials of the front face or wall of the dwelling. (k) Minimum Landscaped Open Space 60% of the lot area (including privacy areas). (l) Planting strip Minimum 3.0 metres width adjacent to any lot line not abutting a street. (m) Minimum Parking Requirements Resident 2 enclosed and 2 exterior spaces contiguous to each dwelling unit, which spaces may be located in front of garages. Visitor 1 space per unit. (n) On-site Setback Requirements: Minimum distance between detached buildings on the same lot and between detached buildings and walkways, roadways and common parking areas and garages on the same lot shall be in accordance with Zone & Exception Number Special Provisions 34-89 the following Table: Zone & Exception Number Special Provisions 34-90 TO: Minimum Distance From: Any Wall Containing a Principal Living Room Window Any Wall Containing a Habitable Room Window (Other than a Principal Living Room Window Any Wall Containing a Non-Habitable Room Window OR a Blank Wall A Public sidewalk, Project Roadway, Parking Area or Garage Any wall containing a principal living room window 22 metres - - - Any wall containing a habitable room window (other than a principal living room window) 15 metres 10.5 metres - - Any wall containing a non-habitable room window OR a blank wall 12 metres 9 metres 3 metres - Public sidewalk, project roadway and common parking area or garage 10.5 metres 6 metres 4.5 metres - Project walkways 7.5 metres* 6 metres 3 metres** - * May be reduced to 6 metres if principal living room window overlooks an enclosed privacy area. ** May be reduced to 1.5 metres where any non-habitable room windows are a minimum of 2 metres above the finished grade level adjacent to the exterior wall of the building where there are no windows. VA-314 (88-90) (a) Notwithstanding the provisions of Subsection 25.1 of Zoning By- law No. 87-57, only the following permitted uses shall apply: Retail Stores Personal Service Shops Business Offices One Dwelling Unit (b) The regulations of Subsection 25.2 of Zoning By-law No. 87-57 apply along with the following additional requirements: Zone & Exception Number Special Provisions 34-91 (i) The minimum side yard abutting the southerly boundary shall be as existing. Zone & Exception Number Special Provisions 34-92 (ii) The minimum side yard abutting the northerly boundary may have zero clearance. (iii) The physically handicapped parking requirements need not be met. (iv) A minimum 3.0 metre wide planting strip, excluding existing building encroachments, shall be provided and maintained along the southerly and westerly boundaries. (v) The front yard, except for vehicular access and parking, shall be provided and maintained as a landscaped area. (vi) The dwelling unit shall be located only on the second floor. VA-315 (88-93) (a) Notwithstanding the provisions of Subsection 25.1 only the following permitted uses shall apply: Retail Stores Personal Service Shops Business Offices (b) The regulations of Subsection 25.1 apply along with the following additional requirements: (i) The minimum side yard abutting the southerly boundary may have zero clearance. (ii) The physically handicapped parking requirements need not be met. (iii) A minimum 3.0 metre wide planting strip, excluding existing building encroachments, shall be provided and maintained along the northerly and westerly boundaries. (iv) The front yard, except for vehicular access and parking, shall be provided and maintained as a landscaped area. Zone & Exception Number Special Provisions 34-93 VA-316 (88-87) (a) Notwithstanding the provisions of Subsection 25.1 only the following permitted uses shall apply: Child Care Centre One Dwelling Unit (b) The regulations of Subsection 25.2 of Zoning By-law No. 87-57 apply along with the following additional requirements: (i) The access driveway shall have a minimum width of 7.6 metres. (ii) A minimum 3.0 metre wide permanently maintained planting strip containing a fence not less than 1.2 metres nor more than 2.0 metres in height, shall be provided along the northerly lot line. RM-318 The regulations of Subsection 16.2 shall apply with the following (89-19) exceptions, notwithstanding the relevant regulations: (i) Maximum number of dwelling units ... 12 (ii) The children's play area shall be located not less than 61.0 centimetres from any roadway. (iii) The children's play area shall be located not less than 2.5 metres from any wall without windows. (iv) The maximum lot depth shall be ... 22.399 metres. (v) The front lot line shall be the lot line with the astronomic bearing of N46 56'E./N48 22'E. (vi) The side lot lines shall be the lot lines with the astronomic bearing of N 12 48' W and N 12 47' W. (vii) The rear lot line shall be the remaining lot lines. Zone & Exception Number Special Provisions 34-94 VA-319 (89-122) 1. Notwithstanding the provisions of Subsection 25.1 only the following permitted uses shall apply: Print Shop Business and Professional Offices 5 Dwelling Units 2. The regulations of Subsection 25.1 apply, subject to the following exceptions: (i) The minimum side yard shall be 1.4 metres. (ii) The minimum rear yard shall be 4.5 metres. (iii) The parking area adjacent to Wilson Street shall have a permanently maintained planting strip of a minimum width of 2.0 metres along the east and south boundaries. (iv) A permanently maintained planting strip of a minimum width of 2.1 metres shall be provided along the southerly lot line adjacent to the parking area. (v) The physically handicapped parking requirements need not be met. R2-321 The regulations of Subsection 11.1.2 apply, subject to the following (89-59) exception: The minimum lot frontage shall be 19.0 metres. A-324 Repealed by By-law No. 06-110. Now "A-547" Zone. (88-124) (98-104) C3-325 These lands shall only be used for a shopping centre comprising a group (79-48) of eight or more non-residential establishments, predominantly retail commercial in nature. The minimum front yard shall be 0.914 metre. Zone & Exception Number Special Provisions 34-95 I-325 (89-129) a) The regulations of Subsection 7.14 shall apply with the following exception, notwithstanding the relevant regulation: A minimum 13.4 metre wide planting strip shall be provided adjacent to the existing residential use properties abutting the southerly and westerly boundaries. b) The provisions of Section 3, DEFINITIONS, apply, with the following exceptions, notwithstanding the relevant definitions: "Lot Lines" (i) The front lot line shall be the property lines with the astronomic bearings of N 13 10' W, N 76 50' E, N 12 37' 30" W and N 17 21' 55" E. (ii) The rear lot line shall be the property line with the astronomic bearing of N 12 40' 30" W. (iii) the side lot lines shall be the remaining property lines. P-326 1.0 Notwithstanding the Provisions of Subsection 31.1 permitted uses (89-11) of Section 31: Public "P" Zone, these lands shall be used only for a public works yard limited to the storage of equipment and material either outside or in structures or buildings. 2.0 Notwithstanding the provisions of paragraph (e) of Subsection 31.2, Regulations, of Section 3 1 : Public "P" Zone, the following regulation shall apply: A 6.0 metre wide planting strip shall be provided adjoining all boundaries excepting the westerly boundary adjoining the existing Municipal Works Yard and that portion of the southerly boundary extending 100.0 metres from the westerly boundary. 3.0 Notwithstanding the provisions of Subsection 31.2, Regulations of Section 31: Public "P" Zone the following additional regulations shall apply: Zone & Exception Number Special Provisions 34-96 (a) Maximum height of open storage materials - 6.0 metres. (b) Fencing shall be provided along the perimeter of the subject lands excepting the perimeter adjoining the existing Municipal Works Yard. RM3-327 (a) Six (6) dwelling units shall front. on Hamilton Drive provided not more than two (2) units are attached and the units have a minimum width of 9 metres; and, notwithstanding the definition of "Block Townhouse Dwelling" in Subsection 3.37 each dwelling containing two units is deemed to be a block townhouse dwelling. (b) Notwithstanding Subsection 16.2(a), the minimum lot area shall be 2.475 hectares. (c) Notwithstanding Section 16.2(b), the maximum number of dwelling units on these lands shall be 57 units. (d) Except as otherwise provided in the foregoing clauses (a), (b) and (c), all general regulations and specific requirements of Section 16 shall apply. R3-329 & 1.0 The regulations of Subsection 11.3.2 of the Residential "R3" Zone R3-330 shall apply with the following exception, notwithstanding the (89-69, relevant regulation: 90-11) 2.0 The regulations of Subsection 11.3.2 of the Residential "R3" Zone shall apply with the following exceptions, notwithstanding the relevant regulations, to the lots listed in paragraph 3 following. (a) The minimum lot frontage shall be 15 metres except on a corner lot the minimum lot frontage shall be 19 metres. (b) The minimum lot area shall be 495 square metres except on a corner lot the minimum lot area shall be 560 square metres. (c) On a corner lot, the minimum side yard abutting a street shall be 5.0 metres plus any applicable distance as specified Zone & Exception Number Special Provisions 34-97 in Schedule "C". 3.0 The following lots are subject to the exceptions listed in paragraph 2 above, 5, 6, 7, 15, 16, 20, 21, 22, 23, 27, 28, 49, to 55 inclusive, 71, 72, 107, 108, 113 to 120 inclusive, 127, 128, 129, 130, 139 to 159 inclusive, 161, l62, 163, 164, 173, 174, 175, 176, 185 to 206 inclusive. 4.0 The average lot width of Lots 2, 4, 8, 30, 100 and 101, shall be not less than 14 metres. RM3-331 The regulations of Subsection 16.2 of the Residential Multiple "RM3" (89-69) Zone shall apply with the following exceptions, notwithstanding the relevant regulations: (a) The maximum density shall be 29 units per hectare plus an additional 3 dwelling units per hectare where all parking spaces (excluding required visitor parking) are provided under landscaped grounds or inside the building with not more than one common entrance per 8 parking spaces. (b) The minimum unit width shall be 7.0 metres. VA-332 (a) Notwithstanding the provisions of Subsection 25.1 of SECTION (89-31) 25: VILLAGE AREA "VA", only the following uses shall be (95-106) permitted: Personal service shops, Business and professional offices, Craft and custom workshops, Establishments providing educational instructional services, Libraries, museums and art galleries, including the exhibition and sale of hand made rugs, printing and publishing establishments, and the following retail establishments: Shoe store, clothing store, fabric and yam store, personal accessories store, hobby and gift store, florist, sporting goods store, bicycle shop, musical instruments and record store and a drapery shop. Zone & Exception Number Special Provisions 34-98 (b) Notwithstanding the provisions of Subsection 7.14 (b), a minimum of 8 parking spaces shall be provided. (c) Notwithstanding any provisions to the contrary of Section 25 of the Village Area "VA" Zone and Section 7.17: General Provisions, the following shall apply to the lands described as Part of Lot 45, Concession 3: Definition: "Outdoor Display Area" shall, for the purpose of this amendment, be defined as an area of land intended exclusively for the display of sale and rental items. Permitted Use: A rental and sales establishment, and the repair of small engine machines. Regulations: i) Outdoor display Area: A maximum six (6) pieces of equipment shall be displayed at any one time. The outdoor display area shall consist of a maximum 4 metre by 4 metre (16 square metres) and shall maintain a minimum setback from any property line of 1 metre. ii) Open Storage of goods and/or materials shall be prohibited. R3-333 Notwithstanding the relevant provisions of Subsection 11.3: (89-32) 1) The minimum lot area shall be 700 square metres; 2) The minimum lot frontage shall be 21.0 metres for both interior and corner lots; and 3) The minimum side yard abutting a street shall be 6.1 metres. M2-334 (a) Notwithstanding the provisions of Subsection 27.1, the following (88-98) additional uses are permitted: (90-63) Zone & Exception Number Special Provisions 34-99 Business Offices Research Facilities Retail Lumber and Building Supply Outlets (b) Notwithstanding the provisions of Subsection 27.5, quonset hut type buildings are not permitted. (c) Notwithstanding the provisions of Subsection 27.10, a maximum of 25% of the floor area of an industrial building may be used for showroom or retail sale of products manufactured or assembled on the premises. (d) Notwithstanding the provisions of Subsection 7.14, the parking space requirement for a motor vehicle gasoline bar is one space for each 10 square metres of floor area and the parking space requirements for the physically handicapped are as follows: On any parcel or lot not used for industrial purposes, parking spaces for the physically handicapped shall be assigned from the required parking spaces; one space for up to 50 required spaces, plus one space for each additional 75 required spaces or part thereof, and (i) the assigned space or spaces shall be the required spaces located nearest the building entrances, (ii) each space shall have a minimum width of 35 metres, (iii) each space shall be suitably identified with a sign erected on permanent standard. (e) Notwithstanding the provisions of Section 3, Definitions, the following additional definition shall apply: "Recreational Facilities" means bowling alleys, curling clubs, private clubs and arenas. Zone & Exception Number Special Provisions 34-100 (f) (i) Notwithstanding the provisions of Subsection 7.11, where a pitched roof or a pitched parapet is incorporated in the design, the maximum building height for any principal building may be increased to 14.5 metres. (ii) Any principal buildings shall be a maximum of three (3) storeys. RM2-335 (89-69) 4.0 The provisions of Section 15: Residential Multiple "RM2" Zone shall apply with the following exceptions notwithstanding the relevant regulations: (a) The maximum lot coverage shall be 42 per cent. (b) The maximum height shall be 8.0 metres. C4-338 1.0 Notwithstanding the provisions of Subsection 22.1 , of Zoning By- (91-58) law 87-57, only the following uses are permitted Block A - Landscape Contracting Business Block B - Nursery - which for the purpose of this By-law shall mean the storage of plants, flowers and shrubs, but does not include those grown on the subject land. 2.0 The regulations of Subsection 22.2 of Zoning By-law No. 87-57 apply along with the following additional requirements: (i) Landscaping and Screening A permanently maintained 4.5 metre wide planting strip, containing facing a minimum 1.8 metres high to provide a solid and effective screen, shall be provided along any lot line abutting parking areas and the side lot lines adjacent to the existing commercial building, storage yard and driving lane. (ii) Outdoor Storage Zone & Exception Number Special Provisions 34-101 Outdoor storage shall be permitted only within the rear yard of Block A and shall be limited to a maximum height of 1.8 metres. Machinery shall not be subject to this height restriction. Outdoor storage, other than the storage of the permitted nursery stock, is not permitted in Block B. VA-341 (a) Notwithstanding the provisions of Subsection 25.1 of Section 25 (90-30) the following uses are permitted: Antique map and print shop Antique furniture store Business and professional office Three apartment Units (b) The regulations of Subsection 7.14 and 25.2 apply, with the following exceptions, notwithstanding the relevant regulations: (i) Minimum parking requirements - one parking space for each 27.9 square metres or fraction thereof of gross floor area devoted to commercial use, and 2 parking spaces for each residential unit. (ii) No parking area, driveway or walkway shall be located within 4.57 metres of the rear lot line. (iii) Minimum front yard - zero. (iv) The stairway located on the south side may encroach 1.07 metres into the minimum side yard. C6-343 (a) Notwithstanding the provisions of Subsection 25.1 of Section 25 (90-36) only the following uses shall be permitted: (i) Motor Vehicle Body Shop (ii) Retail Sale of New and Used Motor Vehicles Zone & Exception Number Special Provisions 34-102 (iii) Uses, buildings and structures accessory to (i) and (ii) above. (b) Notwithstanding the provisions of paragraph (a) of Subsection 7.17, Open Storage, the outdoor display of motor vehicles shall be permitted within the minimum front yard. RM3-344 (a) Notwithstanding the provisions of paragraph (b) of Subsection (92-70) 16.2 a maximum of 14 dwelling units shall be permitted. (b) Notwithstanding the provisions of paragraph (h) of Subsection 16.2 the minimum northerly side yard, for one dwelling unit only, shall be 6.0 metres. (c) Notwithstanding the provisions of paragraph (p) of Subsection 16.2 a children's play area is not required on this site. (d) Notwithstanding the provisions of paragraph (r) of Subsection 15.2 the setback privacy requirement between a blank wall and a roadway shall be not less than 1.5 metres. VA-345 Notwithstanding the provisions of Subsection 25.1 of Section 25, only the (90-104) following uses shall be permitted: Personal Service Shops Business, Professional and Finance Offices Private and Commercial Clubs Crafts and Custom Workshops Establishments providing Educational instructional services, but shall not include nursery or daycare schools. Libraries, Museums, Art Galleries Photographer Studios Printing and Publishing Establishments Retail of Shoes, Apparel, fabric and yam, and personal accessories Book Stores Hobby and Gift Shops Florist Shops Sporting Goods and Bicycle Shops Musical Instrument and Record Stores Zone & Exception Number Special Provisions 34-103 One (1) Apartment Unit A-348 (a) Notwithstanding the provisions of paragraph 8.2 (c) (i) of Section (90-57) 8, the maximum lot coverage shall be 700 square metres. (b) Notwithstanding the provisions of Subsection 8.2 of Section 8 only the regulations contained in Subsection 7.18, part (a), paragraphs (i) to (viii) inclusive, shall apply to buildings accessory to the dwelling. (c) The maximum floor area shall be 607 square metres. R3-349 The provisions of Subsection 11.3.2 Regulations of the Residential "R3" (90-125) zone shall apply with the following exceptions, notwithstanding the relevant regulations: 1. The minimum lot frontage shall be 15 metres except on a corner lot the minimum lot frontage shall be 19 metres. 2. The minimum lot area shall be 495 square metres except on a corner lot the minimum lot area shall be 560 square metres. 3. On a corner lot, the minimum side yard abutting a street shall be 5 metres plus any applicable distance specified in Schedule "C". 4. The minimum front yard setback for all lots fronting onto the extension of Stone Church Road West as shown on Schedule "A" attached hereto, shall be 9 metres. RM2-350 The provisions of Subsections 15.2 Regulations of the Residential "RM2" (90-125) Zone shall apply with the following exceptions, notwithstanding the (00-82) relevant regulations: 1. The minimum lot area shall be 1,350 square metres of total parcel area per dwelling and 250 square metres per dwelling unit. 2. The minimum lot frontage shall be 40 metres of total parcel frontage per dwelling and 8 metres per dwelling unit. Zone & Exception Number Special Provisions 34-104 3. The minimum lot frontage for a dwelling end unit adjacent to the flanking street shall be 14 metres. 4. The minimum lot frontage for a dwelling end unit which does not abut a flanking street shall be 10.5 metres. 5. The maximum lot coverage for a 1 storey dwelling shall be 45 percent. 6. Dwellings shall be a maximum of 11.5 metres in height and shall be not more than 3 storeys. RM3-351 The provisions of Subsection 16.2 Regulations of the Residential Multiple (90-125) "RM3" Zone shall apply with the following exceptions, notwithstanding (94-25) the relevant regulations: (96-51) (97-45) (a) The maximum density shall be 29 units per hectare plus an additional 3 units per hectare where all parking spaces (excluding required visitor parking) are provided under landscaped grounds or inside the building with not more than one common entrance per 8 parking spaces, plus 2 additional units per hectare where the lot abuts lands zoned Public Open Space "O2" which lands are not less than 2 hectares in area, to a maximum density of 34 dwelling units per hectare. (b) The minimum unit width shall be 7 metres. (c) The maximum lot coverage shall be 35 percent. (d) Dwellings shall be a maximum of 11.5 metres in height and shall be not more than 3 storeys. (e) The minimum side and rear yard abutting a street shall be 9 metres plus any applicable distance as specified in Schedule "C". (f) Clause (h)(iii) of Subsection 16.2 Regulations of Section 16 Residential Multiple "RM3" Zone, of By-law 87-57 as amended shall not apply. Zone & Exception Number Special Provisions 34-105 (g) Where an existing detached dwelling is less than 5 metres from an adjacent lot line, a block townhouse dwelling shall not have a balcony, except for french balconies. (h) Notwithstanding the provisions of clause (c) of Subsection 7.12 Yard Encroachment of Section 7, General Provisions of Zoning By-law 87-57, as amended, balconies shall be permitted to encroach into a required side yard 1.5 metres, except where such balconies will abut a detached dwelling. (i) Setback Privacy Requirements Minimum Distance From: A Living Room Window To: Any Facing Window of a Living Room or Family Room in any Other Unit. 18.0 Any Facing Window of a Bedroom, Kitchen or Dining Room in any Other Unit. 15.0 Any Other Facing Window in any Other Unit. 10.5 Windowless Wall in any Other Unit. 9.0 Parking Area of Garages. 6.0 Other habitable room windows 10.5 10.5 9.0 7.5 6.0 Other Windows Windowless 9.0 7.5 9.0 7.5 3.0 3.0 3.0 3.0 4.5 3.0 Wall Roadways, visitor parking area, garages or public sidewalks 7.5 6.0 4.5 3.0 N/A Walkways 7.5 6.0 3.0 1.5 N/A Outdoor Pools 15.0 15.0 6.0 6.0 6.0 Play Areas 10.5 10.5 3.0 3.0 6.0 ALL DIMENSIONS IN METRES Zone & Exception Number Special Provisions 34-106 NOTE: Notwithstanding the above requirements, windows shall be permitted in the end wall of a dwelling unit provided (a) they do not face the living room or family room windows; (b) they are not less than 3 metres from any other window in any other unit; (c) they do not face privacy areas of adjacent units; (d) they are not within 4.5 m of a roadway. RM6-352 (90-136) (93-20) 1. Notwithstanding the provisions of Subsection 19.1 Permitted Uses of Section 19: Residential Multiple "RM6" Zone of Zoning By-law 87-57 as amended, only a retirement residence and uses, buildings and structures accessory thereto shall be permitted. 2. The provisions of Subsection 19.2 Regulations of Section 19: Residential Multiple "RM6" Zone shall apply, with the following exceptions, notwithstanding the relevant regulations: (a) The maximum number of bedrooms permitted in the retirement residence shall be 64. (b) The minimum southerly side yard setback shall be 4.5 metres. (c) The minimum northerly side yard setback shall be 0.9 metres. (d) The maximum lot coverage shall be 28 percent. (e) A canopy may project into the front yard, a distance of not more than 2.7 metres. (f) Clauses (c), (i), (k), (o) and (p) shall not apply. 3. Notwithstanding the regulations of Subsection 7.14 Parking: and Loading of Section 7: General Provisions the minimum number of Zone & Exception Number Special Provisions 34-107 parking spaces required shall be the greater of 28 spaces or one for each 3 bedrooms. 4. For the purpose of this By-law, the following definition shall apply: "Retirement Residence" means a dwelling in which residents of at least 60 years of age are accommodated for a fee and provided with guidance in the activities of daily living, but shall not include any other facility which is licensed, approved or supervised under any specific act." R3-353 The provision of Subsection 11.3.2 of Section 11.3 shall apply with the (90-90) following exceptions, notwithstanding the relevant regulations: (a) The minimum lot frontage shall be 15 metres except on a corner lot the minimum lot frontage shall be 17.19 metres. (b) The minimum lot area shall be 525 square metres except on a corner lot the minimum lot area shall be 601 square metres. (c) On a corner lot, the minimum side yard abutting a street shall be 5.0 metres plus any applicable distance as specified in Schedule "C". M2-354 (90-149) 1. Notwithstanding the provisions of Subsection 27.1 the following additional uses are permitted: Business Offices Research Facilities Retail Lumber and Building Supply Outlets 2. Notwithstanding the provisions of Subsection 27.5 quonset hut type buildings are not permitted. 3. Notwithstanding the provisions of Subsection 27.10 a maximum of 25% of the floor area of an industrial building may be used for showroom or retail sale of products manufactured or assembled on the premises. Zone & Exception Number Special Provisions 34-108 4. Notwithstanding the provisions of Subsection 7.14 the parking space requirement for a motor vehicle gasoline bar is one space for each 10 square metres of floor area and the parking space requirements for the physically handicapped are as follows: On any parcel or lot not used for industrial purposes, parking spaces for the physically handicapped shall be assigned from the required parking spaces; one space for up to 50 required spaces plus open space for each additional 75 required spaces or part thereof, and (a) the assigned space or spaces shall be the required spaces located nearest the building entrances, (b) each space shall have a minimum width of 3.5 metres, (c) each space shall be suitably identified with a sign erected on a permanent standard. 5.0 Notwithstanding the provisions of Subsections 7.11 and 27.20 where a pitched roof or a pitched parapet is incorporated in the design, the maximum building height for any principal building may be increased to 14.5 metres, but in no case shall the height be more than 3 storeys. R1-355 (91-76) 1.0 These lands shall only be used for 10 detached residential dwelling lots. The provisions of Subsection 11.1.2 Regulations, of Section 11.1: Residential "R1" Zone, shall apply with the following exceptions, notwithstanding the relevant regulations: 2.1 The minimum lot frontage shall be 29 m. except for Lots 6 and 7 as shown on Schedule "A" to By-law No. 91-76. 2.2 The minimum lot area shall be 1100 sq.m. Zone & Exception Number Special Provisions 34-109 2.3 All buildings or structures permitted on those lands zoned "R1-355" shall be set back a minimum distance of 7.5 m. from those lands zoned "O1-356". 2.4 All buildings or structures permitted on those lands zoned "R1-355" shall be set back a minimum distance of 35 m. from the Old Dundas Road street line. 3.0 This By-law shall come into force and effect when the affected land is removed from Niagara Escarpment Commission Development Control and upon approval of a draft plan of subdivision, by the Ontario Municipal board, for 10 detached dwelling lots on the lands shown on Schedule "A" to this by-law. O1-356 (91-76) 1.0 Notwithstanding the regulations of Subsection 32.1 Permitted Uses of Section 32: Private Open Space "O1" Zone, no buildings or structures shall be permitted except for the purpose of flood or erosion control. 2.0 This By-law shall come into force and effect when the affected land is removed from Niagara Escarpment Commission Development Control and upon approval of a draft plan of subdivision, by the Ontario Municipal board, for 10 detached dwelling lots on the lands shown on Schedule "A" to this by-law ER-358 i. Notwithstanding Subsection 10.1: Permitted Uses of SECTION 10: (18-105) EXISTING RESIDENTIAL "ER" ZONE, for the property located at 194 Sioux Drive, only one detached dwelling with no garage shall be permitted; and, ii. In addition to Subsection 10.3: Regulations of SECTION 10: EXISTING RESIDENTIAL "ER" ZONE, for the property located at 194 Sioux Drive, the maximum gross floor area of the detached dwelling shall not be greater than 134 square metres. RM3-359 1.0 The provisions of Subsection 16.2 Regulations of Section 16: (92-59) Residential Multiple "RM3" Zone, shall apply, with the following (92-85) exceptions notwithstanding the relevant regulations: Zone & Exception Number Special Provisions 34-110 1.1 Maximum Density 70 townhouse units 1.2 Minimum Width per Unit 6.1 metres for a maximum of 18 units, and 7.5 metres for the remaining units. 1.3 Minimum Front Yard 8.5 metres 1.4 Minimum Floor Area per Dwelling Unit 1.4.1 one bedroom unit 1.4.2 two bedroom unit 58 square metres 84 square metres 1.5 Maximum Height One and a half storeys (not to exceed 10.5 metres) 1.6 Minimum Privacy Area per Dwelling Unit 30 square metres for 17 units, and 37 square metres for the remaining units 1.7 Parking 1.6 parking spaces per dwelling unit. 2.0 Notwithstanding the provisions of Subsection 16.2(r) - Setback Privacy Requirements of Section 16 the following shall apply: * 2.1 Minimum Separation Distance: 2.1.1 between two exterior walls which contain no windows to habitable rooms, a minimum of 3.0 metres; 2.1.2 between two exterior walls, one of which contains windows to a habitable room a minimum of 7.6 metres, except a 5.3 metre separation may be maintained between units 64 and 65 and a 7.4 metre separation may be maintained between units 37 and 39; 2.1.3 between two exterior walls which both contain windows to Zone & Exception Number Special Provisions 34-111 a habitable room, where the windows are completely off- set from each other a minimum of 7.6 metres; 2.1.4 between two exterior walls which both contain windows to a habitable room, where the windows face each other, a minimum of 10.6 metres; 2.1.5 between any wall which contains a window to a habitable room and a common outdoor amenity space, a minimum of 3.0 metres; 2.1.6 between any wall and a roadway or parking area, a minimum of 4.5 metres, except in the following instances: 2.1.6.1 between unit 36 and the parking area, a minimum 3.1 metres; 2.1.6.2 between unit 39 (garage) and the roadway, a minimum 2.9 metres; 2.1.6.3 between unit 48 (garage) and the roadway, a minimum 2.9 metres; 2.1.6.4 between unit 51 (garage) and the roadway, a minimum 3.9 metres; 2.1.6.5 between unit 56 (garage) and the roadway, a minimum 2.0 metres; and, 2.1.6.6 between unit 68 (garage) and the roadway, a minimum 2.8 metres. * Refer to By-law No. 92-59. VA-361 1.0 Notwithstanding the provisions of Subsection 25.1 - Permitted (93-10) Uses of Section 24: Village Area "VA" zone of By-law No. 87-57, as amended, the following uses shall be permitted: 1.1 Business and Professional Offices Zone & Exception Number Special Provisions 34-112 1.2 Uses permitted in Section 31: Public "P" Zone of By-law No. 87-57, as amended. A-362 Notwithstanding the provisions of Subsection 8.1 of Section 8: (93-39) Agricultural "A" Zone of Zoning By-law No. 87-57, a parking area only, without buildings, shall be permitted and shall only service the existing commercial plaza on the adjacent property to the east. I-363 Notwithstanding the provisions of paragraph (8) of Subsection 30.2 of (93-58) Zoning By-law No. 87-57, as amended, the maximum height shall be 12.3 metres. Zone & Exception Number Special Provisions - - - - - - Animal hospitals without outside runs Banquet halls Beer stores and wine stores Building supply sales Home improvement retail facilities* Motor vehicle service stations including car washes, new vehicle sales establishments with accessory used car sales Parking areas and structures Telephone exchange buildings 34.2-113 - - RM5-364 Notwithstanding the provisions of Subsection 18.1 - Permitted Uses of (93-63) Section 18: Residential Multiple "RM5" zone, an apartment building will (94-78) be permitted. (96-36) (98-49) 1.0 The provisions of Section 18.2 - Regulations, of Section 18.0 Residential Multiple "RM5" zone shall apply with the following exceptions: 1.1 The maximum density shall be 44 dwelling units per hectare. 1.2 The minimum separation between an apartment building and multiplex dwelling shall be 10.5 m. 1.3 The maximum lot coverage shall be 35%. 1.4 All of the regulations of the Multiple Residential "RM6" zone shall apply to an apartment building with the exception of Subsection 19.2b - Maximum lot area. C2-365 1.0 Notwithstanding Section 3.126 - "Shopping Centre" of Section (93-80) (94-81) 3.0 Definitions, of Zoning By-law No. 87-57, as amended, individual use, free-standing or unrelated buildings shall be (95-19) permitted within Blocks 1 and 2, provided that no one building (95-31) exceeds a gross floor area of 23,225 square metres. (95-38) (95-49) 2.0 Notwithstanding the provisions of Subsection 22.1 - Permitted (96-36) Uses of Section 22, of Zoning By-law No. 87-57, as amended, the following additional uses shall be permitted in Blocks 1 and 2, in addition to the permitted uses in the Shopping Centre "C2-365" Zone: - - - - - - Animal hospitals without outside runs Banquet halls Beer stores and wine stores Building supply sales Home improvement retail facilities* Motor vehicle service stations including car washes, new vehicle sales establishments with accessory used car sales Parking areas and structures Telephone exchange buildings 34.2-114 - - Zone & Exception Number Special Provisions * for the purpose of this by-law, a home improvement retail facility is defined as follows: (a) the sale within enclosed buildings of material, equipment, tools and supplies for home improvements including lumber; building supplies; millwork; hardware; electrical supplies and fixtures; tools; lighting; kitchen and bath materials, supplies and fixtures; plumbing supplies and fixtures; paint and wallpaper; decor and storage materials and supplies; flooring materials and supplies, carpeting; wall coverings, paneling and ceilings; seasonal items including lawnmowers, snowblowers, barbecues, pool equipment and chemicals; and nursery and landscaping plants, equipment and supplies; and other products used for enjoying, improving or decorating the home; (b) the sale of services relating to the enjoyment, improvement or decoration of the home or to the use of any of the goods sold in the facility or store; and, (c) a screened outdoor storage area attached to a building, which shall not exceed 500 square metres or an area equal to five percent (5%) of the floor area, whichever represents the lesser amount. C3-366 1.0 Notwithstanding the provisions of Subsection 22.1 - Permitted (93-80) Uses of Section 22, of Zoning By-law No. 87-57, as amended, the (95-37) following additional uses shall be permitted in Block 3: Zone & Exception Number Special Provisions * for the purpose of this by-law, a home improvement retail facility is defined as follows: (a) the sale within enclosed buildings of material, equipment, tools and supplies for home improvements including lumber; building supplies; millwork; hardware; electrical supplies and fixtures; tools; lighting; kitchen and bath materials, supplies 34.2-115 and fixtures; plumbing supplies and fixtures; paint and wallpaper; decor and storage materials and supplies; flooring materials and supplies, carpeting; wall coverings, paneling and ceilings; seasonal items including lawnmowers, snowblowers, barbecues, pool equipment and chemicals; and nursery and landscaping plants, equipment and supplies; and other products used for enjoying, improving or decorating the home; (b) the sale of services relating to the enjoyment, improvement or decoration of the home or to the use of any of the goods sold in the facility or store; and, (c) a screened outdoor storage area attached to a building, which shall not exceed 500 square metres or an area equal to five percent (5%) of the floor area, whichever represents the lesser amount. 2.0 Notwithstanding Item (4) on Table 2 of Section 22.2 - Regulations, the maximum gross floor area of any one building in Block 3 shall not exceed 3,175 square metres. R4-367 Notwithstanding any provisions to the contrary of Subsection 12.2 of the (94-43) Residential "R4" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R4-367" by this By-law, described as Part of Lot 38, Concession 3, and more particularly shown as Area 1 on Schedule "A" attached hereto, shall be subject to the following provisions: 1.0 The minimum lot frontage shall be 12.2 metres, except on a corner lot the minimum lot frontage shall be 16 metres. 34.2-116 Zone & Exception Number Special Provisions 2.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R4" Zone shall apply. R4-368 Notwithstanding any provisions to the contrary of Subsection 12.2 of the Residential "R4" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R4-368" by this By-law, described as Part of Lot 38, Concession 3, and more particularly shown as Area 2 on Schedule "A" attached hereto, shall be subject to the following provisions: 1.0 The minimum lot frontage shall be 12.2 metres, except on a corner lot the minimum lot frontage shall be 16 metres. 2.0 No buildings or structures of any kind, and no swimming pools, but not including fencing, shall be permitted 9 metres from the rear property line. 3.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R4" Zone shall apply. R4-369 Notwithstanding any provisions to the contrary of Subsection 12.2 of the (94-43) Residential "R4" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R4-369" by this By-law, described as Part of Lot 38, Concession 3, and more particularly shown as Area 3 on Schedule "A" attached hereto, shall be subject to the following provisions: 1.0 The minimum lot area shall be 300 square metres, except on a corner lot the minimum lot area shall be 400 square metres. 2.0 The minimum lot frontage shall be 10.7 metres, except on a corner lot the minimum lot frontage shall be 14 metres. 3.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R4" Zone shall apply. R4-370 Notwithstanding any provisions to the contrary of Subsection 12.2 of the (94-43) Residential "R4" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R4-370" by this By-law, described as Part of Lot 38, Concession 3, and more particularly shown as Area 4 on Schedule "A" attached hereto, shall be subject to the following provisions: 34.2-117 Zone & Exception Number Special Provisions 1.0 The minimum lot area shall be 300 square metres, except on a corner lot the minimum lot area shall be 400 square metres. 2.0 The minimum lot frontage shall be 10.7 metres, except on a corner lot the minimum lot frontage shall be 14 metres. 3.0 No buildings or structures of any kind, and no swimming pools, but not including fencing, shall be permitted 9 metres from the rear property line. 4.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R4" Zone shall apply. R5-371 Notwithstanding any provisions to the contrary of Subsection 13.2 of the (94-43) Residential "R5" Zone of Zoning By-law No. 87-57 of .the Town of Ancaster, the lands zoned Residential "R5-371" by this By-law, described as Part of Lot 38, Concession 3, and more particularly shown as Area 5 on Schedule "A" attached hereto, shall be subject to the following provisions: 1.0 The minimum lot frontage shall be 9.1 metres for a detached dwelling and 9.1 metres per unit for a semidetached dwelling, except on a corner lot the minimum lot frontage shall be 14 metres for a detached dwelling and 13 metres for a corner unit of semi- detached dwellings. 2.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R5" Zone shall apply. RM2-372 Notwithstanding any provisions to the contrary of Subsection 15.2 of the (94-43) Residential Multiple "RM2" Zone of Zoning By-law No. 87-57 of the (97-61) Town of Ancaster, the lands zoned Residential "RM2-372" by this By- (96-4) law, described as Part of Lot 38, Concession 3, and more particularly shown as Area 6 on Schedule "A" attached hereto, shall be subject to the following provisions: 1.0 Minimum Lot Area: 185 square metres per dwelling unit. 2.0 Maximum Lot Coverage As per the following chart: 34.2-118 Zone & Exception Number Special Provisions MAXIMUM LOT COVERAGE* For Lots 44 to 51 inclusive Interior Units Interior End Unit Exterior End Unit 43.8% 18.7% 28.1% For Lots 52 to 58 inclusive Interior Units Interior End Unit Exterior End Unit 43.8% 18.9% 29.3% For Lots 59 to 65 inclusive Interior Units Interior End Unit 42.0% 22.1%, except one of the two interior end units shall not exceed 30.7% For Lots 113 to 117 inclusive Interior Units Interior End Unit Exterior End Unit 39.2% 26.0% 19.0% For Lots 118 to 124 inclusive Interior Units Interior End Unit 39.0% 25.8%, except one of the two interior end units shall not exceed 27.0% * Notwithstanding the above, a 5.6 square metre accessory structure will be permitted in accordance with the setback provisions of Section 7.18. 3.0 The minimum lot frontage per dwelling unit shall be 6.1 metres, except: (i) On a corner lot the minimum lot frontage for a dwelling end unit adjacent to the flanking street shall be 13.8 metres; and (ii) For a dwelling end unit which does not abut a flanking street the minimum lot frontage shall be 9.1 metres. 4.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential Multiple "RM2" Zone shall apply. 34.2-119 Zone & Exception Number Special Provisions RM4-373 Notwithstanding any provisions to the contrary of Subsection 17.2 of the (94-43) Residential Multiple "RM4" Zone of Zoning By-law No. 87-57 of the (00-30) Town of Ancaster, the lands zoned Residential "H-RM4-373" by this By- law, described as Part of Lot 38, Concession 3, and more particularly shown as Area 7 on Schedule "A" attached hereto, shall be subject to the following provisions: 1.0 The maximum density shall be 49 dwelling units per gross/net residential hectare. 2.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential Multiple "RM4" Zone shall apply. 3.0 Only those uses existing on the date of passing of this By-law shall be permitted until such time as the Holding "H" prefix to the "H- RM4-373" Zone has been removed. The Holding "H" prefix shall not be removed until a site plan agreement between the owner and the Town of Ancaster has been approved by Council. RM5-374 Notwithstanding any provisions to the contrary of Subsection 18.2 of the (94-43) Residential Multiple "RM5" Zone of Zoning By-law No. 87-57 Town of (99-49) Ancaster, the lands zoned Residential "RM5-374" by this By-law, described as Part of Lot 38, Concession 3, and more particularly shown as Area 8 on Schedule "A" attached hereto, shall be subject to the following provisions: a) The minimum lot area shall be: (i) Front Unit 178 square metres (ii) Rear Unit 222 square metres b) The maximum density shall be 37 dwelling units per gross/net residential hectare. c) The minimum lot frontage shall be 5.9 metres per dwelling unit. d) The minimum lot depth shall be: (i) Front Unit 25 metres (ii) Rear Unit 40 metres 34.2-120 Zone & Exception Number Special Provisions e) The minimum front yard shall be: (i) Front Unit 16 metres (ii) Rear Unit 25 metres f) The minimum interior side yard shall be: (i) Front Unit 3 metres (ii) Rear Unit 0.8 metres (iii) Minimum interior side yard for a storage shed within the front dwelling units 0.8 metres iv) Minimum side yard affecting an unenclosed porch 1.0 metres g) The minimum exterior side yard shall be: (i) Front Unit 6 metres (ii) Rear Unit 4.8 metres h) The minimum rear yard shall be: (i) Front Unit 0 metres (ii) Rear Unit 6 metres i) The minimum planting strip shall be: 2 metres across the entire frontage and adjacent to the entire length of the driveway. j) A private amenity area for each unit shall be provided in accordance with the following: (i) minimum size 30 square metres (ii) minimum width 4.5 metres (iii) fencing in accordance with subsection (n). k) In addition to subsection (j), a minimum 10 percent of the front yard shall be landscaped. 34.2-121 Zone & Exception Number Special Provisions l) The maximum cumulative width of the driveway(s) shall not exceed 6 metres; however, a minimum one (1) metre landscape strip shall be provided between each driveway. m) No swimming pools, carports or accessory structures shall be permitted, however, a storage shed not exceeding an area of 4.5 square metres shall be allowed in the rear yard, a distance of no less than 75 centimetres from any lot line. n) The entire rear yard shall be enclosed with a 1.8 metre high wood screen fence, and the private amenity area of the front units shall be enclosed with a minimum 1.2 metre high and maximum 1.8 metre high privacy screen. o) For the purposes of this By-law, Paragraphs (j), (k), (l), (m), (n) and (o) of Subsection 18.2 - Regulations of Section 18: Residential Multiple "RM5" Zone shall not apply. All other provisions of By-law No. 9443 shall continue to apply. A-375 Notwithstanding any provisions to the contrary of Section 8.1 of the (94-45) Agricultural "A" Zone, the following use shall be permitted as it affects (97-91) the lands zoned Agricultural "A-375" by this By-law, described as Part of Lot 48, Concession 4, and more particularly shown on the attached Schedule "A", for a period of three (3) years from the date of the passing of this by-law, being September 15, 1997: Golf Driving Range 1.0 Notwithstanding the provisions of Section 8.2: Regulations of the Agricultural "A" Zone, the provisions of Section 32.2: Regulations of Section 32: Private Open Space "O1" shall apply to the golf driving range. 2.0 Notwithstanding Subsection 7.14(a)(xiii) of the General Provisions Section, the golf driving range shall be exempt from the requirement of the parking area being constructed with a stable surface of concrete or asphalt. 34.2-122 Zone & Exception Number Special Provisions R4-377 Notwithstanding Section 7.18 (a)(vi), an accessory structure in excess of (94-89) 12 square metres ground floor area shall not be located less than 0.75 metres from any side or rear lot line except that on a corner lot, such accessory structure shall not be located less than 7.5 metres from the flanking street line. RM3-378 Notwithstanding Section 16.2 (g) (iii), the minimum easterly side yard (94-79) shall be 9 metres. C3-379 Notwithstanding any provisions to the contrary of Subsection 22.1, 22.2 (94-100) and 7.18 of Zoning By-law No. 87-57 of the Town of Ancaster, the lands Zoned General Commercial "C3-379" by this By-law, described as Part of Lot 41, Concession 3, and more particularly shown on Schedule "B" attached hereto, are subject to the following: (a) Permitted Uses: Only the following uses shall be permitted: - Automatic laundry shops, automatic cleaning shops - Banks and financial institutions - Barber shops, hairdressing shops and beauty shops - Business and professional offices - caterers - Cleaning and pressing shops - Craft and custom workshops - Child Care Centres - Dressmaking or tailor shops - Drugstores - Dry cleaning depots - Establishments providing educational or instructional services - Medical and dental laboratories - Post offices - Printing and publishing establishments - Real estate offices - Restaurants not including fast food restaurants - Retail Stores - Service Shops - Sub post offices - Travel agencies 34.2-123 Zone & Exception Number Special Provisions (b) Regulations: One accessory structure (automated banking machine) shall be permitted within the front yard. The minimum interior side yard shall be 2.8 metres. All other provisions of Zoning By-law No. 87-57 as applicable to the General Commercial "C3" Zone shall apply. ER-380 Notwithstanding Table 10.3.7 - Maximum Height of SECTION 10: (18-105) EXISTING RESIDENTIAL "ER" ZONE, for the property located at 53 (19-303) Valleyview Drive, the maximum building height shall not be greater than one- storey (7.5 metres). RM4-381 1.0 Notwithstanding the provisions of Subsection 17.1 Permitted Uses (OMB Decision) of Section 17.1 of Zoning By-law No. 87-57, as amended, the following uses are permitted: (a) Block townhouse dwellings and uses, buildings and structures accessory thereto; (b) Multi-plex dwellings and uses, buildings and structures accessory thereto; (c) One common area for purposes of a laundry facility and meeting area accessory to dwelling units. 2.0 The provisions of Section 17.2 Regulations of Section 17: RESIDENTIAL MULTIPLE "RM4" ZONE of Zoning By-law 87- 57, as amended, shall apply with the following exceptions; notwithstanding the relevant regulations: 2.1 Maximum Density 79 dwellings units with a maximum of 23 multi-plex dwellings. 2.2 Minimum Front Yard 6.0 metres 2.3 Minimum Side Yard Minimum Rear Yard 7.5 metres 8.5 metres 34.2-124 Zone & Exception Number Special Provisions 2.4 Planting Strip Exempt 2.5 Minimum Privacy Area 35 square metres per block townhouse dwelling unit only. 2.6 Dwelling Unit Placement (i) Not more than 8 block townhouse dwelling units shall be attached in a continuous row; and (ii) Not more than 4 attached block townhouse dwelling units shall be erected in a row without offsetting the units a minimum of 1 metre or without varying the exterior design and materials of the front face or wall of dwelling. 2.7 Parking (a) 1.75 parking spaces per dwelling unit plus 0.25 visitor parking spaces per dwelling unit. (b) For block townhouse dwellings, each dwelling shall have at least one of the two required parking spaces within an enclosed building or located underground. 2.8 Children's Play Area A minimum of 7 square metres per dwelling unit shall be provided and maintained. A minimum 1.2 metre high fence shall be located parallel to Old Mohawk road along the northerly limit of the required play area. 2.9 Building Separation A block townhouse building and/or a multi-plex building shall be no closer to another block townhouse building and/or a multi-plex building on the same lot in accordance with the following distance requirements: Facade Rear Wall End Wall Facade 18.0 m 19.5 m 15.0 m Rear Wall 19.5 m 15.0 m 10.5 m 34.2-125 Zone & Exception Number Special Provisions End Wall 15.0 m 10.5 m 3.0 m R4-382 Notwithstanding any provisions to the contrary of Subsection 12.2 of the (95-63) Residential "R4" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R4-382" by this By-law, described as Part of Lot 42, Concession 3, and more particularly shown as Area 2 on Schedule "B" attached hereto, shall be subject to the following provisions: 1.0 The minimum lot frontage shall be 11.6 metres. 2.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R4" Zone shall apply. RM3-383 Notwithstanding any provisions to the contrary of Subsection 15.2 of the (95-63) Residential "RM2" Zone of Zoning By-law No. 87-57 of the Town of (97-74) Ancaster, the lands zoned Residential "RM2-383" by this By-law, described as Part of Lot 42, Concession 3, and more particularly shown as Area 3 on Schedule "B" attached hereto, shall be subject to the following provisions: 1.0 The minimum lot frontage shall be 50 metres of total parcel frontage per dwelling and 9 metres per dwelling unit except: 34.2-126 Zone & Exception Number Special Provisions (i) On a corner lot the minimum lot frontage for a dwelling end unit adjacent to a flanking street shall be 14 metres; and (iii) For a dwelling end unit which does not abut a flanking street the minimum lot frontage shall be 10.5 metres. 2.0 The minimum side yard for interior dwelling units shall be 1.5 metres, and for end dwelling units abutting a flanking street shall be 5.0 metres, except where such buildings or structures abut Hwy. No. 403 or its on-ramp, the minimum side yard setback shall be 14 metres. 3.0 The minimum rear yard shall be 7.5 metres, except where such buildings or structures abut Hwy. No. 403 or its on-ramp, the minimum rear yard setback shall be 14 metres. 4.0 The minimum lot depth shall be 30 metres. 5.0 The maximum lot coverage shall be 40 percent. 6.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential Multiple "RM2" Zone shall apply. In accordance with the Decision of the Ontario Court (General Division) filed as Court File No. 784/97, where all other provisions of By-law No. 95-63 are complied with, Section 15.2 - Minimum Lot Area of Section 15: Residential Multiple "RM2" relating to the minimum lot area per dwelling unit is deemed to be complied with. RM2-384 Notwithstanding any provisions to the contrary of Subsection 15.2 of the (95-63) Residential "RM2" Zone of Zoning By-law No. 87-57 of the Town of (97-40) Ancaster, the lands zoned Residential "RM2-384" by this By-law, (97-75) described as Part of Lot 42, Concession 3, and more particularly shown as (98-44) Area 4 on Schedule "B" attached hereto, shall be subject to the following provisions: 1.0 The minimum lot frontage shall be 50 metres of total parcel frontage per dwelling and 8 metres per dwelling unit except: 34.2-127 Zone & Exception Number Special Provisions (i) On a corner lot the minimum lot frontage for a dwelling end unit adjacent to a flanking street shall be 13 metres; and (ii) For a dwelling end unit which does not abut a flanking street the minimum lot frontage shall be 9.5 metres. 2.0 The minimum side yard for interior dwelling units shall be 1.5 metres, and for end dwelling units abutting a flanking street shall be 5.0 metres, except where such buildings or structures abut Hwy. No. 403 or its on-ramp, the minimum side yard setback shall be 14 metres. 3.0 The minimum rear yard shall be 7.5 metres, except where such buildings or structures abut Hwy. No. 403 or its on-ramp, the minimum rear yard setback shall be 14 metres. 4.0 The minimum lot depth shall be 30 metres. 5.0 The maximum lot coverage shall be 40 percent. 6.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential Multiple "RM2" Zone shall apply. In accordance with the Decision of the Ontario Court (General Division) filed as Court File No. 784/97, where all other provisions of By-law No. 95-63 are complied with, Section 15.2 - Minimum Lot Area of Section 15: Residential Multiple "RM2" relating to the minimum lot area per dwelling unit is deemed to be complied with. RM2-385 Notwithstanding any provisions to the contrary of Subsection 15.2 of (95-63) the Residential "RM2" Zone of Zoning By-law No. 87-57 of the Town of (97-114) Ancaster, the lands zoned Residential "RM2-385" by this By-law, (98-36) described as Part of Lot 42, Concession 3, and more particularly shown as Area 5 on Schedule "B" attached hereto, shall be subject to the following provisions: 1.0 The minimum lot frontage shall be 50 metres of total parcel frontage per dwelling and 7.5 metres per dwelling unit except: 34.2-128 Zone & Exception Number Special Provisions (i) On a corner lot the minimum lot frontage for a dwelling end unit adjacent to a flanking street shall be 12.5 metres; and (ii) For a dwelling end unit which does not abut a flanking street the minimum lot frontage shall be 9.0 metres. 2.0 The minimum side yard for interior dwelling units shall be 1.5 metres, and for end dwelling units abutting a flanking street shall be 5.0 metres, except where such buildings or structures abut Hwy. No. 403 or its on-ramp, the minimum side yard setback shall be 14 metres. 3.0 The minimum rear yard shall be 7.5 metres, except where such buildings or structures abut Hwy. No. 403 or its on-ramp, the minimum rear yard setback shall be 14 metres. 4.0 The minimum lot depth shall be 30 metres. 5.0 The maximum lot coverage shall be 40 percent. 6.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential Multiple "RM2" Zone shall apply. In accordance with the Decision of the Ontario Court (General Division) filed as Court File No. 784/97, where all other provisions of By-law No. 95-63 are complied with, Section 15.2 - Minimum Lot Area of Section 15: Residential Multiple "RM2" relating to the minimum lot area per dwelling unit is deemed to be complied with. RM2-386 Notwithstanding any provisions to the contrary of Subsection 15.2 of the (95-63) Residential "RM2" Zone of Zoning By-law No. 87-57 of the Town of (97-40) Ancaster, the lands zoned Residential "RM2-386" by this By-law, described as Part of Lot 42, Concession 3, and more particularly shown as Area 6 on Schedule "B" attached hereto, shall be subject to the following provisions: 1.0 The minimum lot frontage shall be 50 metres of total parcel frontage per dwelling and 7.5 metres per dwelling unit except: 34.2-129 Zone & Exception Number Special Provisions (i) On a corner lot the minimum lot frontage for a dwelling end unit adjacent to a flanking street shall be 12.5 metres; and (ii) For a dwelling end unit which does not abut a flanking street the minimum lot frontage shall be 9.0 metres. 2.0 The minimum side yard for interior dwelling units shall be 1.5 metres, and for end dwelling units abutting a flanking street shall be 5.0 metres, except where such buildings or structures abut Hwy. No. 403 or its on-ramp, the minimum side yard setback shall be 14 metres. 3.0 The minimum rear yard shall be 7.5 metres, except where such buildings or structures abut Hwy. No. 403 or its on-ramp, the minimum rear yard setback shall be 14 metres. 4.0 The minimum lot depth shall be 29.36 metres. 5.0 The maximum lot coverage shall be 40 percent. 6.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential Multiple "RM2" Zone shall apply. In accordance with the Decision of the Ontario Court (General Division) filed as Court File No. 784/97, where all other provisions of By-law No. 95-63 are complied with, Section 15.2 - Minimum Lot Area of Section 15: Residential Multiple "RM2" relating to the minimum lot area per dwelling unit is deemed to be complied with. RM2-387 Notwithstanding any provisions to the contrary of Subsection 15.2 of the (95-63) Residential "RM2" Zone of Zoning By-law No. 87-57 of the Town of (97-60) Ancaster, the lands zoned Residential "RM2-387" by this By-law, (97-113) described as Part of Lot 42, Concession 3, and more particularly shown as (98-33) Area 7 on Schedule "B" attached hereto, shall be subject to the following (98-39) provisions: 1.0 The minimum lot frontage shall 50 metres of total parcel frontage per dwelling and 6 metres per dwelling unit except: 34.2-130 Zone & Exception Number Special Provisions (i) On a comer lot the minimum lot frontage for a dwelling end unit adjacent to a flanking street shall be 11 metres; and (ii) For a dwelling end Unit which does not abut a flanking street the minimum lot frontage shall be 7.5 metres. 2.0 The minimum side yard for interior dwelling units shall be 1.5 metres, and for end dwelling units abutting a flanking street shall be 5.0 metres, except where such buildings or structures abut Hwy. No. 403 or its on-ramp, the minimum side yard setback shall be 14 metres. 3.0 The minimum rear yard shall be 7.5 metres, except where such buildings or structures abut Hwy. No. 403 or its on-ramp, the minimum rear yard setback shall be 14 metres. 4.0 The minimum lot depth shall be 30 metres. 5.0 The maximum lot coverage shall be 40 percent. 6.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential Multiple "RM2" Zone shall apply. In accordance With the Decision of the Ontario Court (General Division) filed as Court File No. 784/97, where all other provisions of By-law No. 95-63 are complied With, Section 15.2 - Minimum Lot Area of Section 15: Residential Multiple "RM2" relating to the minimum lot area per dwelling unit is deemed to be complied with. H-I-388 Notwithstanding any provisions to the contrary of Subsection 30.1 of (95-63) the Institutional "I" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, only the following uses shall be permitted within the lands zoned Institutional "H-I-388" by this By-law, and described as Part of Lot 42, Concession 3, and more particularly shown as Area 8 on Schedule "B" attached hereto: 1.0 Schools, Churches and Nursery Schools 34.2-131 Zone & Exception Number Special Provisions 2.0 Only those uses existing on the date of passing of this By-law shall be permitted until such time as he Holding "H" prefix to the "H-I- 388" Zone has been removed. The Holding "H" prefix shall not be removed until a site plan agreement between the owner and the Town of Ancaster has been approved by Council. O2-389 Notwithstanding any provisions to the contrary of Section 33 of the Public (95-63) Open "O2" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, (02- 268) the lands zoned Public Open Space "O2-389" by this By-law, described as Part of Lot 42, Concession 3, and more particularly shown as Area 9 on Schedule "B" attached hereto, shall be subject to the following: 1.0 the minimum setback for all buildings and structures shall be 7.5 metres from the Highway No. 53 property line or 32 metres from the Highway No. 53 centreline, whichever is greater, except that the stormwater pond shall have a minimum setback of 3.0 metres from the Highway No. 53 property line. R3-390* Notwithstanding any provisions to the contrary of Section 11.3 of the (97-33) Residential "R3" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R3-390" by this By-law, described as Part of Lots 48 and 49, Concession 2, and more particularly shown on Schedules "A", "B" and "C", attached hereto, shall be subject to the following: 1.0 Where notes (i.e. Note:) are used in this By-law they are included for information purposes only and do not form part of the By-law. 2.0 All structures in excess of 18.58 sq.m. (200 sq.ft.) and 4.57 m (15 ft.) in height be set back a minimum of 15 m (49.2 ft.) from the top-of-bank/Escarpment brow, as established by the line as shown on Schedule "C". * The foregoing zoning, once passed by Ancaster Town Council, will take full force and effect upon the removal of the lands from Niagara Escarpment Commission Development Control. Note: That no in-ground pools shall be located within 15m (49.2 ft.) of the top-of-bank/Escarpment brow until a Geotechnical Study is prepared to the satisfaction of the Town of Ancaster prior to the issuance of a Building Permit. 34.2-132 Zone & Exception Number Special Provisions O1-391** Notwithstanding any provisions to the contrary of Section 32.1 of the (97-33) Private Open Space "O1" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Private Open Space "O1-391" by this By- law, described as Part of Lots 48 and 49, Concession 2, and more particularly shown on Schedule "C", attached hereto, shall be subject to the following: 1.0 The uses listed under paragraphs (a) - (h) shall be prohibited. ** The lands affected by the foregoing zoning shall remain under Niagara Escarpment Commission Development Control. P-391 Notwithstanding any provisions to the contrary of Section 31 of the Public (95-112) Public "P" Zone of Zoning By-law 87-57 of the Town of Ancaster, the lands zoned Public "P-391" by this By-law, described as Part of Lot 48, Concession 3, and more particularly shown on Schedules "A" and "B" attached hereto, shall be subject to the following provisions: 1.0 Educational and religious offices 2.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Public "P" Zone shall apply ER-392 Notwithstanding Subsection 7.14.(a)(xii) - Parking and Loading of SECTION (18-105) 7: GENERAL PROVISIONS, for the property located at 14 Valleyview Drive, one of the two required parking spaces may have a minimum length of 5.1 metres. ER-393 Notwithstanding Table 10.3.7 - Maximum Height of SECTION 10: (18-105) EXISTING RESIDENTIAL "ER" ZONE, for the property located at 16 (19-303) Valleyview Drive, the maximum building height shall not be greater than one and a half storeys (8.25 metres). R4-394 Notwithstanding any provisions to the contrary of Subsection 12.2 of the (96-18) Residential "R4" Zone of Zoning By-law No. 87-57 of the Town of (97-98) Ancaster the lands zoned Residential "R4-394" by this By-law, described as Part of Lot 37, Concession 3, and more particularly shown as Area 1 on Schedule "B" attached hereto, shall be subject to the following provisions: 1.0 Minimum Lot Frontage 15 metres 2.0 Maximum Lot Coverage: 34.2-133 Zone & Exception Number Special Provisions a) Lots having a minimum lot area of 35% 540 sq. metres or greater: b) Lots having less than 540 sq. metres lot 40% area containing two storey dwellings: c) Lots having less than 540 sq. metres lot 42% area containing one storey dwellings: Notwithstanding the maximum lot coverage, accessory structures not exceeding a maximum area of 5.6 sq. m (60.2 sq. ft.) shall also be permitted. 3.0 Minimum Front Yard: Garage: Porch: Dwelling Unit: minimum 6.0 metres minimum 6.0 metres minimum 7.0 metres 4.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R4" Zone shall apply. R3-395 Notwithstanding any provisions to the contrary of Subsection 11.3 of the (96-18) Residential "R3" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R3-395" by this By-law, described as Part of Lot 37, Concession 3, and more particularly shown as Area 2 on Schedule "B" attached hereto, shall be subject to the following provisions: 1.0 Minimum lot Frontage 18.3 metres, except on a corner lot the minimum lot frontage shall be 22 metres. 2.0 Maximum Lot Coverage: a) Lots having a minimum lot area of 35% 540 sq. metres or greater: b) Lots having less than 540 sq. metres lot 40% area containing two storey dwellings: c) Lots having less than 540 sq. metres lot 42% 34.2-134 Zone & Exception Number Special Provisions area containing one storey dwellings: Notwithstanding the maximum lot coverage, accessory structures not exceeding a maximum area of 5.6 sq. m (60.2 sq. ft.) shall also be permitted. 3.0 Minimum Front Yard: Garage: Porch: Dwelling Unit: minimum 6.0 metres minimum 6.0 metres minimum 7.0 metres 4.0 Minimum Lot Frontage 15 metres 5.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R4" Zone shall apply. H-R3-396 Notwithstanding any provisions to the contrary of Subsection 11.3 of the (96-18) Residential "R3" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Holding Residential "R3-396" by this By-law, described as Part of Lot 37, Concession 3, and more particularly shown as Area 3 on Schedule "B" attached hereto, shall be subject to the following provisions: 1.0 Minimum lot Frontage 18.3 metres, except on a corner lot the minimum lot frontage shall be 22 metres. 2.0 The Holding "H" provision shall only be lifted once the Ministry of Transportation has advised that the area is no longer required as a temporary turning radius for the construction of the Hwy. No. 403 interchange. 3.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R3" Zone shall apply R5-397 Notwithstanding any provisions to the contrary of Subsection 13.2 of the (96-18) Residential "R5" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R5-397" by this By-law, described as Part of Lot 37, Concession 3, and more particularly shown as Area 4 on Schedule "B" attached hereto, shall be subject to the following provisions: 1.0 Minimum Lot Frontage 10.7 metres, except on a corner lot the 34.2-135 Zone & Exception Number Special Provisions minimum lot frontage shall be 14 metres. 2.0 Minimum Lot Area 275 square metres, except on a corner lot the minimum lot area shall be 385 sq. metres. 3.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R5" Zone shall apply. RM2-398 Notwithstanding any provisions to the contrary of Subsection 15.2 of the (96-18) Residential Multiple "RM2" Zone of Zoning By-law No. 87-57 of the (97-105) Town of Ancaster, the lands zoned Residential "RM2-398" by this By- law, described as Part of Lot 37, Concession 3, and more particularly shown as Area 5 on Schedule "B" attached hereto, shall be subject to the following provisions: 1.0 Minimum Lot Area 1,850 square metres of total parcel area per dwelling and 180 square metres per interior dwelling unit, 225 square metres per dwelling end unit which does not abut a flanking street, and 320 square metres per dwelling end unit adjacent to a flanking street. 2.0 Minimum Lot Frontage 50 metres of total parcel frontage per dwelling and 7.3 metres per dwelling unit except: (i) On a comer lot the minimum lot frontage for a dwelling end unit adjacent to the flanking street shall be 10.75 metres. (ii) For a dwelling end unit which does not abut a flanking street the minimum lot frontage shall be 7.6 metres. 3.0 Minimum Side Yard 1.5 metres for a dwelling end unit which does not abut a flanking street and for a dwelling end unit abutting a flanking street the minimum side yard shall be 4.5 metres plus any applicable distance as specified in 34.2-136 Zone & Exception Number Special Provisions Schedule "C". 4.0 Maximum Lot Coverage 45% 5.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential Multiple "RM2" Zone shall apply. RM4-399 Notwithstanding any provisions to the con- of Subsection 17.2 of the (96-18) Residential Multiple "RM4" Zone of Zoning By-law No. 87-57 of the (02-360) Town of Ancaster, the lands zoned Residential "H-RM4-399" by this By- law, described as Part of Lot 37, Concession 3, and more particularly shown as Area 6 on Schedule "B" attached hereto, shall be subject to the following provisions: 1.0 Maximum Density 49 units per hectare 2.0 Minimum Lot Frontage 20 metres 3.0 Maximum Lot Coverage 35% 4.0 Minimum Landscaping 40% 5.0 Encroachment of decks into minimum side yard 1.5 metres 6.0 The building separation between a facade and a rear wall shall be 18 metres. 7.0 For the purposes of this subsection, the following shall apply: Internal lot lines created by phased registration of a plan of condominium shall not be construed to be lot lines for the purposes of zoning regulations provided that all applicable regulations of this by-law relative to the whole lot and its external lot lines, existing prior to any condominium plan registration, are strictly adhered to. 8.0 All other provisions of Zoning By-law No. 87-57 as applicable to the Residential Multiple "RM4" Zone shall apply. 9.0 Only those uses existing on the date of passing of this By-law shall be permitted until such time as the Holding "H" prefix to the "H- 34.2-137 Zone & Exception Number Special Provisions RM4-399" Zone has been removed. The Holding "H" prefix shall not be removed until a site plan agreement between the owner and the Town of Ancaster has been approved by Council. H-R3-400 Notwithstanding Section 11 of the Residential "R3" Zone of Zoning By- (96-37) law No. 87-57 of the Town of Ancaster, the lands zoned Holding Residential "H-R3-400" by this By-law, described as Part of Lot 39, Concession 3, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: 1.0 The Holding "H" prefix shall be lifted from the "H-R3-400" Zone only once the conditions of severance pertaining to the creation of the affected lots have been fulfilled to the satisfaction of the Hamilton-Wentworth Regional Land Division Committee. H-R3-401 Notwithstanding any provisions to the contrary of Section 11.3 of the (96-37) Residential "R3" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Holding Residential "H-R3-401" by this By- law, described as Part of Lot 39, Concession 3, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: 1.0 Notwithstanding Section 11.3.2 (b), the following regulation shall apply: Minimum Lot Frontage 15.24 metres, except on a corner lot the minimum lot frontage shall be 22 metres 2.0 The Holding "H" prefix shall be lifted from the "H-R3-401" Zone only once the conditions of severance pertaining to the creation of the affected lots have been fulfilled to the satisfaction of the Hamilton-Wentworth Regional Land Division Committee. C2-402 Notwithstanding the provisions of 7.11, 7.14, 7.21 and 22.1 of Zoning (96-99) By-law 87-57 of the Town of Ancaster, as amended, the lands zoned (97-43) Shopping Centre Commercial Exception "C2-402" in Part of Lots 49 and (97-81) 50, Concession 2, and more particularly shown on Schedule "A" attached (03-327) hereto, shall be subject to the following provisions: (i) a building height of 16.76 metres shall be permitted for the theatre building; 34.2-138 Zone & Exception Number Special Provisions (ii) the parking requirements for the theatres shall be one parking space for each four seats and the parking requirements for all other uses shall be five spaces for each 100 square metres of floor area; (iii) an indoor arcade and amusement centre shall be permitted as an accessory use to the theatres; (iv) a department store and supermarket will not be permitted; and (v) restaurants and fast food restaurants shall be permitted. (vi) Notwithstanding any provisions of Sub-section 22.1-Permitted Uses of Section 22: Shopping Centre Commercial "C2" Zone of Zoning By-law No. 87-57 (Ancaster), the following additional uses shall be permitted: a) Animal Hospitals b) Garden Centers excluding greenhouses c) Recreational areas or uses and miniature golf courses within a wholly enclosed building d) Gymnasiums or Health Clubs excluding body rub parlours e) An amusement centre shall be permitted as an accessory use to the theatres or in conjunction with a restaurant use. M2-403 & 1.0 Notwithstanding the provisions of Subsections 7.14, 27.1 and 27.2 H-M2-403 of Zoning By-law 87-57 of the Town of Ancaster, as amended, a (96-100) big box retail store shall be permitted on the lands zoned Prestige Industrial "M2-403" in Part of Lots 50 and 51, Concession 2, and more particularly shown on Schedule "A" attached hereto, subject to the following provisions: (a) Six parking spaces for each 100 square metres of floor area shall be provided, and (b) The maximum floor area shall be 11,613 square metres. For the purpose of this by-law, a big box retail store is defined as a retail entity that sells goods and merchandise in individual format and in bulk and/or quantities, occupies a building of 930 square metres or more, may include integrated storage and sales floor areas, may include the wholesaling of goods and subordinate 34.2-139 Zone & Exception Number Special Provisions warehouse operations, but shall not include a supermarket or any other retailing entity where the gross floor area is primarily devoted to the sale of edible food products. 2.0 Lots 1 and 2, Plan 62M-697, shall be developed as one lot, and setbacks shall be calculated from the outer lot lines, where the building and/or the parking area occupy all or a portion of Lot 2, Plan 62M-697. 3.0 The Holding (H) prefix shall be lifted from the "H-M2-403" Zone only after site plan approval requirements have been fulfilled to the satisfaction of the Town of Ancaster. H-M2-404 Notwithstanding any provisions to the contrary of Section 27 of the Prestige Industrial "M2" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Holding Prestige Industrial "H-M2-404" by this By-law, described as Part of Lots 50 and 51, Concession 2, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: 1.0 Notwithstanding Section 27.1, the following additional use shall be permitted: Retail Warehouse Furniture Store, having a minimum gross floor area of 2,500 square metres 2.0 That internal lot lines created by the consolidation of the separate parcels of land shall not be construed to be lot lines for the purposes of zoning regulations provided that all applicable regulations of this by-law relative to the whole lot and its external lot lines are strictly adhered to. 3.0 The Holding "H" prefix shall be lifted from the "H-M2-404" Zone only once the applicant has entered into a Site Plan Agreement with the Town of Ancaster. R1-405 Notwithstanding the regulations of Section 11.1, Residential "R1" Zone, (97-26) of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R1-405" by this By-law, described as Part of Lot 43, Concession 2, and more particularly shown on Schedule "A", attached hereto, shall be subject to the following: 34.2-140 Zone & Exception Number Special Provisions 1.0 The maximum front yard shall be 45.7 metres. 2.0 A 2.5 metre wide landscape strip shall be provided along the northerly side lot line commencing from a point 40 metres from the front lot line to the easterly limit of the "R1" Zone. All other regulations of the Residential "R1" Zone shall apply. D-406 Notwithstanding the regulations of the Defined Development "D" (97-26) Zone, accessory buildings shall be permitted, in accordance with the provisions of Subsection 7.18 (a) of Zoning By-law No. 87-57. R1-407 Notwithstanding the regulations of Section 11.1, Residential "R1" Zone, (97-35) of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R1-407" by this By-law, described as Part of Lot 43, Concession 2, and more particularly shown on Schedule "A", attached hereto, shall be amended by deleting reference to Schedule "C" in the determination of Minimum Front Yards, as follows: 1.0 Minimum Front Yard 7.5 metres. All other regulations of the Residential "R1" Zone shall apply. H-A-408 Notwithstanding any provisions to the contrary of Section 8: Agricultural (OMB "A" Zone and Subsection 7.14 Parking and Loading of Section 7: General Decision) Provisions of Zoning By-law 87-57 of the Town of Ancaster, the lands zoned Holding Agricultural "H-A-408" by this By-law, described as Part of Lots 51 and 52, Concession 4, and as more particularly shown on the attached Schedules "A" and "B", shall be subject to the following provisions: 1.0 Notwithstanding the permitted uses of Section 8: Agricultural "A" Zone, Subsection 8.1 Permitted uses of the town of Ancaster Zoning By-law 87-57, a landscape business shall be an additional permitted use on the lands zoned Holding Agricultural "H-A-408", as shown on the attached Schedules "A" and "B". However, only agricultural uses, which include the plant growing operation of the landscape business, shall be permitted on the southerly most 52.4 metres of the subject lands. 2.0 For the purpose of this Exception, the following definitions shall apply to the permitted use identified in 408.1 above. 34.2-141 Zone & Exception Number Special Provisions (a) Landscape Business A property that is used for a landscape contractor's business, which may also include a plant growing operation and an accessory snow removal business. This landscape contractor's business may include building, structures and the outdoor storage of goods and equipment such as landscaping materials and associated machinery. Wood chipping shall be prohibited. (b) Plant Growing Operation The use of land and/or buildings (e.g., polyhouses, greenhouses and/or accessory buildings) for plant propagation and the growing of plants and nursery stock. The plant material may either be transplanted outdoors on the subject lands or be transplanted onto other properties as part of the service of the landscape business. The plants and nursery stock shall not be sold in a nursery or garden centre manner from the subject lands. 3.0 Notwithstanding the regulations of Section 8: Agricultural "A" Zone, Subsections 8.2 to 8.6 inclusive, the following regulations shall apply: Minimum Lot Area 1.4 hectares Minimum Lot Frontage 50 metres Minimum Front Yard (i) The minimum front yard for the existing dwelling and existing accessory .building shall be as they exist as of the date of passing of this By-law, however, where the front yard is further reduced as a result of a road widening being taken from the property, the remaining front yard for the existing dwelling and existing accessory building shall be deemed to comply with the minimum front yard requirement. 34.2-142 Zone & Exception Number Special Provisions (ii) The minimum front yard for buildings associated with the landscape business and the plant growing operation shall be 90 metres. Minimum Side and Rear Yards (i) The existing accessory building to the dwelling shall have a minimum side yard and rear yard of 0.38 metres. (ii) Greenhouses and polyhouses shall have a minimum side yard and rear yard of 4.5 metres. (iii) An accessory storage building for the plant growing operation, with a maximum gross floor area of 90 square metres, shall have a minimum side yard and rear yard of 8 metres. (iv) Buildings associated with the landscape business and the plant growing operation, other than those specifically identified in clauses (ii) and (iii) above, shall be setback a minimum distance of 15 metres from any side and/or rear lot line. Maximum Gross Floor Area (i) The maximum gross floor area of all buildings associated with the landscape business, excluding the plant growing operation, shall be 400 square metres. (ii) The maximum ground floor area of all buildings on the subject lands shall be 1,100 square metres. Landscaping Requirements (i) A planting strip with a minimum width of 2 metres and a closed board fence with a minimum height of 1.5 metres shall be provided along the portion of any side lot line that is adjacent to a parking area(s) and/or outdoor storage area(s). 34.2-143 Zone & Exception Number Special Provisions (ii) The existing berm planted with evergreen trees located in front of the existing metal clad frame building and the existing cedar hedge located along the east side lot line, shall continue to be provided. (iii) A berm with a minimum width of 5 metres planted with evergreen trees shall be provided 65 metres south of the front lot line commencing at the easterly side lot line and extending generally perpendicular from this lot line for a minimum distance of 15 metres. 4.0 Section 7: General Provisions Subsection 7.14 Parking and Loading, Clauses (a) (xiii) and (xiv) of the Town of Ancaster Zoning By-law No. 87-57 shall not apply to the lands subject to this Exception. 5.0 The "H" holding symbol may be removed by a further amendment to this By-law at such time as final approval of the related severance application has been obtained and Site Plan Approval has been obtained from the Town. 6.0 The permitted uses and regulations pursuant to Section 8: Agricultural "A" Zone of the Town of Ancaster Zoning By-law No. 87-57 shall apply to the subject lands prior to the removal of the "H" holding symbol. R3-409 Notwithstanding the regulations of Section 11.3, Residential "R3" Zone, (97-48) of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R3-409" by this By-law, described as Part of Lots 48, 49 and 50, Concession 3, and more particularly shown on Schedule "A", attached hereto, shall be amended by modifying the Minimum Front Yard as follows: 1.0 Minimum Front Yard 9.0 metres, plus any applicable distance as specified in Schedule "C". All other regulations of the Residential "R3" Zone shall apply. R5-410 Notwithstanding the regulations of Section 13.1, Residential "R5" Zone, (97-84) of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned 34.2-144 Zone & Exception Number Special Provisions Residential "R5-410" by this By-law, described as Part of Lot 41, Concession 3, and more particularly shown on Schedule "A", attached hereto, shall be amended by modifying the Minimum Lot Frontage as follows: 1.0 Minimum Lot Frontage 10.7 metres for a detached dwelling and 9.1 metres per unit for a semi- detached dwelling, except on a corner lot the minimum lot frontage shall be 14 metres for a detached dwelling and 13 metres for the comer unit of semidetached dwellings. All other regulations of the Residential "R5" Zone shall apply. R5-411 Notwithstanding the regulations of Section 13.1, Residential "R5" Zone (97-84) of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R5-411" by this By-law, described as Part of Lot 41, Concession 3, and more particularly shown on Schedule "A", attached hereto, shall be amended by modifying the Minimum Lot Frontage and Minimum Rear Yard as follows: 1.0 Minimum Lot Frontage 10.7 metres for a detached dwelling and 9.1 metres per unit for a semi- detached dwelling, except on a corner lot the minimum lot frontage shall be 14 metres for a detached dwelling and 13 metres for the corner unit of semi-detached dwellings. 2.0 Minimum Rear Yard 14 metres All other regulations of the Residential "R5" Zone shall apply. RM4-411 Notwithstanding any provisions to the contrary of Section 17 of the (98- 20) Residential Multiple "RM4" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Holding Residential Multiple "H- RM4-411" by this By-law, described as Part of Lot 5 1, Concession 3, and more particularly shown on Schedule "A", attached hereto, shall be subject to the following: 34.2-145 Zone & Exception Number Special Provisions 1.0 Notwithstanding Section 17, only the following use shall be permitted: Permitted Land Use Block residential development 2.0 Definition For the purposes of this by-law, a "block residential development" shall be defined as a multiple unit residential development comprising of single detached dwelling units, semi-detached dwelling units or block townhouse units serviced by a private, internal roadway system, in which the ownership of the lands are held under common title. 3.0 Minimum Building Separation: 1.2 metres (side wall to side wall) 4.0 Minimum separation between a parking space and southerly street: 3 metres 5.0 Minimum porch encroachment into a side yard: 1.5 metres; (98-71) 6.0 The Holding "H" prefix shall be lifted from the "H-RM4-411" Zone only once the applicant has entered into a Site Plan Agreement with the Town of Ancaster. NOTE: The two preceding amending by-laws have both been assigned an exception number of "411". Both can continue to exist in this manner, as they are separately referenced on the corresponding Zoning Schedules. I-418 Notwithstanding any provisions to the contrary of Section 30 of the (98-13) Institutional "I" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Institutional "I-418" by this By-law, described as Part of Lot 53, Concession 4, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: 34.2-146 Zone & Exception Number Special Provisions 1.0 Notwithstanding Section 30.1, only the following uses shall be permitted: public or private school, including ancillary place of worship; one detached dwelling and use, buildings and structures accessory to the dwelling, in accordance with the residential regulations of subsection 8.2 of Section 8: Agricultural "A" Zone. C6-419 Notwithstanding any provisions to the contrary of Section 24 of the Motor (98-34) Vehicle Services "C6" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Motor Vehicle Services "C6-419" by this By- law, described as Part of Lot 42, Concession 3, and more particularly shown on Schedule "A", attached hereto, shall be subject to the following: 1.0 Notwithstanding Section 23, only the following shall apply: Minimum Rear Yard 6.5 metres plus any applicable distance as specified in Schedule "C" Along the easterly and westerly side lot lines a minimum 2.0 metre wide landscape strip shall be required, except the landscape strip may be reduced to a minimum 0.6 metres in width from the rear lot line southerly a distance of 15 metres. Along the rear lot line a minimum 2.0 metres landscape strip shall be provided. All other applicable regulations of the Motor Vehicles Services "C6" Zone shall apply. C2-420 Notwithstanding any provisions to the contrary of Section 22 of the (98-47) Shopping Centre Commercial "C2" Zone and all other sections of Zoning (99-47) By-law No. 87-57 (Ancaster), the lands zoned Shopping Centre (03-327) Commercial "C2-420" by this By-law, described as Part of Lot 50, Concession 3, and more particularly shown on Schedules "A" and "B" attached here to, shall be subject to the following: (i) Notwithstanding any provisions of Sub-section 22.1- Permitted Uses of Section 22: Shopping Centre Commercial "C2" Zone of Zoning By-law No. 87-57 (Ancaster), the following additional uses shall be permitted: 34.2-147 Zone & Exception Number Special Provisions a) Animal Hospitals b) Garden Centers excluding greenhouses c) Recreational areas or uses and miniature golf courses within a wholly enclosed building d) Gymnasiums or Health Clubs excluding body rub parlours (ii) That notwithstanding any provisions to the contrary of Section 22 and all other sections of Zoning By-law No. 87-57 (Ancaster), the following provisions shall be provided and maintained: a) Maximum floor area for 1,400 square metres entertainment/restaurant uses: b) Minimum size for each retail 100 square metres up to a store, including drugstores: maximum of 4 stores where the balance of the retail stores shall not be less than 325 square metres in size. c) Prohibited Uses: Food Store including supermarket and specialty food store, Department Store, Fast Food Restaurant, Auctioneer Establishment, and Recreational vehicle sales, service and rental. 34.2-148 Zone & Exception Number Special Provisions 1.0 Maximum gross floor area for retail uses, including those, retail uses specifically listed in the Shopping Centre Commercial "C2" Zone: 6,175 square metres 5.0 Internal lot lines created by the consolidation of the separate parcels of land shall not be construed to be lot lines for the purposes of zoning regulations provided that all applicable regulations of this by-law relative to the whole lot and its external lot lines are strictly adhered to; 6.0 For the purposes of this by-law, lot frontage shall be defined as the frontage along Golf Links Road; and, 7.0 For the purposes of this by-law, the number of required parking spaces will be calculated over the entire lands, and not on an individual lot by lot basis. 8.0 All other provisions of the Shopping Centre Commercial "C2" Zone shall continue to apply. M2-421 Notwithstanding any provisions to the contrary of Section 27 of the Prestige Industrial "M2" Zone and all other sections of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Prestige Industrial "M2- 421" by this By-law, described as Part of Lots 50 and 51, Concession 3, shall be subject to the following: 1.0 The uses and regulations as stipulated under the Prestige Industrial "M2-334" shall continue to apply. 2.0 The following additional use shall be permitted: one fast food restaurant accessory to the principal use on the property, and situated within the principal building. 3.0 All other provisions of the Prestige Industrial "M2" Zone shall continue to apply. 34.2-149 Zone & Exception Number Special Provisions C1-422 Notwithstanding any provisions to the contrary of Section 22 of the (98-61) Neighbourhood Commercial "C1" Zone of Zoning By-law No. 87-57 of the (01-135) Town of Ancaster, the lands zoned Neighbourhood Commercial "C1- 422" by this By-law, described as Part of Lots 52 and 53, Concession 3, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: 1.0 Notwithstanding Section 29.1, the following additional uses shall be permitted: Banks & financial institutions, gymnasiums & health clubs, brewers retail stores, business & professional offices, cleaning & pressing shops, fast food restaurants, personal service shops, post offices, restaurants, retail stores, service shops, sub-post offices, Animal Hospital without outside runs. 2.0 Maximum gross floor area for food stores and Department stores: 930 square metres 3.0 Prohibited Uses: Big Box retail stores RM6-423 Notwithstanding any provisions to the contrary of Section 19 of the (98-61) Residential Multiple "RM6" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential Multiple RM6-423" by this By- law, described as Part of Lot 52 and 53, Concession 3, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: 1.0 The following additional uses shall be permitted: The uses of Subsection 18.1: Residential Multiple "RM5" Zone, subject to the relevant regulations of Subsection 18.2. 2.0 For the purposes of the By-law, the front lot line shall be defined as the lot line dividing the lot and Street 'A', as shown on Schedule "B" as attached hereto to this by-law. RM2-424 Notwithstanding any provisions to the contrary of Section 15 of the (98-61) Residential Multiple "RM2" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential Multiple RM2-424" by this 34.2-150 Zone & Exception Number Special Provisions By-law, described as Part of Lot 52 and 53, Concession 3, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: 1.0 Min. Lot Area: 1,000 square metres of total parcel area per dwelling and 240 square metres per dwelling unit. 2.0 Min. Lot Frontage: 50 metres of total parcel frontage per dwelling and 7.5 metres per dwelling unit 3.0 Minimum Side Yard: 0 metres on one side and 1.2 metres on the other side for a dwelling end unit which does not abut a flanking street; however, in no case shall two end units with 0 metre side yard setbacks abut one another. For a dwelling end unit abutting a flanking street the minimum side yard shall be 7.5 metres plus any applicable distance as specified in Schedule "C". 4.0 Side yard setback 20.3 centimetres for air conditioning units: 5.0 Size of 5.6 square metres over the lot coverage unenclosed requirement where the maximum lot porches: coverage has been reached for the property. O2-425 Notwithstanding any provisions to the contrary of Section 33 of the Public (98-61) Open Space "O2" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Public Open Space "O2-425" by this By-law, described as Part of Lot 52 and 53, Concession 3, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: Prohibited Uses: Buildings or structures 34.2-151 Zone & Exception Number Special Provisions C1-426 Notwithstanding any provisions to the contrary of Section 22 of the (98-62) Neighbourhood Commercial "C1" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Neighbourhood Commercial "C1- 426" by this By-law, described as Part of Lot 53, Concession 3, and more particularly shown on Schedule "A" attached hereto, shall be subject to the following: 1.0 The following additional uses shall be permitted: gasoline service station including convenience store and car wash facilities, banks & financial institutions, gymnasiums & health clubs, brewers retail stores, business & professional offices, cleaning & pressing shops, fast food restaurants, personal service shops, post offices, restaurants, retail stores, service shops, sub- post offices. Should the lands be used for a gasoline service station, then the regulations of Section 23: Motor Vehicle Services "C6" Zone shall apply. 2.0 Minimum Side Yard: 3 metres 3.0 Minimum Rear Yard: 3 metres R2-427 Notwithstanding any provisions to the contrary of Section 11.2 of the (98-136) Residential "R2" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R2-427" by this By-law, described as Part of Lot 42, Concession 2, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: Minimum Side Yard On a corner lot, the minimum side yard abutting a street shall be 7.5 metres Minimum Rear Yard 10.0 metres R2-428 Notwithstanding any provisions to the contrary of Section 11.2 of the (98-136) Residential "R2" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R2-428" by this By-law, described as Part of Lot 42, Concession 2, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: 34.2-152 Zone & Exception Number Special Provisions Minimum Front Yard 13.5 metres R2-429 Notwithstanding any provisions to the contrary of Section 11.3 of the (98-136) Residential "R3" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R3-429" by this By-law, described as Part of Lot 42, Concession 2, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: Minimum Rear Yard 10.0 metres R3-430 Notwithstanding my provisions to the contrary of Section 11.2 of the (98-136) Residential "R2" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential "R2-430" by this By-law, described as Part of Lot 42, Concession 2, and more particularly shown on Schedules "A" and "B", attached hereto, shall be subject to the following: Minimum Rear Yard 10.0 metres VA-432 Notwithstanding Subsection 24.l(a) of SECTION 25: VILLAGE (98-133) AREA "VA" ZONE, of zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Village Area "VA-432" by this By-law, described as Part of Lot 45, Concession 2, and more particularly shown on Schedule "A" and "B", attached hereto, shall be subject to the following: Permitted Use Restaurant 1.0 Notwithstanding Subsection 25.2 of SECTION 25: VILLAGE AREA "VA" ZONE, of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Village Area "VA-432shall be subject to the following regulation: Minimum setback between a Parking area and a residential Zone: 1.6 metres All other regulations of the Village Area "VA" Zone shall continue to apply. RM4-433 Notwithstanding Subsection 17.2: Regulations of SECTION 17: (98-132) RESIDENTIAL MULTIPLE "RM4" ZONE, of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential Multiple "RM4-433" 34.2-153 Zone & Exception Number Special Provisions Zone" shown on Schedule "A" and "B" attached hereto, shall be subject to the following: a) b) c) Minimum Lot Area Minimum Lot Frontage Minimum southerly 0.23 hectare 17.4 metres side yard 6.7 metres d) Minimum rear yard 6.7 metres e) Minimum Planting Strip where the play area abuts the easterly side lot line zero metres f) Minimum Landscape Strip one metre, except adjacent to the westerly side lot line, which shall be three metres. g) Maximum Number of Units six (6) All other regulations of the Village Area "VA" Zone shall continue to apply. M2-435 1.0 Notwithstanding any provisions to the contrary of Subsection 27.1 (99-34) Permitted Uses of Section 27 - Prestige Industrial "M2" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Prestige Industrial "M2-435" ZONE by this By-law, described as Part of Lot 51, Concession 2, and more particularly shown on Schedules "A" and "B", attached hereto, the following shall apply: Additional Permitted Use: Retail Warehouse Personal Apparel and household accessories store, comprising a minimum size of 2,787 square metres gross floor area. 34.2-154 Zone & Exception Number Special Provisions 2.0 Notwithstanding any provisions to the contrary of Subsection 27.2 - Regulations of Section 27 - Prestige Industrial "M2" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Prestige Industrial "M2-435" ZONE by this By-law, described as Part of Lot 5 1, Concession 2, and more particularly shown on Schedules "A" and "B", attached hereto, the following shall apply: Minimum rear yard 9 metres 3.0 All other uses and regulations of the Prestige Industrial "M2-334" Zone shall also apply. VA-436 Notwithstanding any provisions to the contrary of SUBSECTION 22.1 - (99-53) PERMITTED USES OF SECTION 22: VILLAGE AREA "VA" ZONE AND SUBSECTION 25.2 - REGULATIONS OF SECTION 25 VILLAGE AREA"VA" ZONE of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Village Area "VA-436", described as Part of Lot 45, Concession 2, shall be subject to the following: 1.0 Notwithstanding Subsection 22.1, the following additional uses shall be permitted: a) Motor Vehicle Service Station b) Accessory dwelling unit 2.0 Notwithstanding Subsection 25.2 - Regulations of Section 24: Village Area "VA" Zone of Zoning By-law No. 87-57, the following shall apply. Minimum Front Yard, as it relates to the building existing at the date of the passing of this by-law 0.3 metres The outdoor storage of goods, materials and equipment shall be prohibited within the easterly side yard of the existing, easterly building on the property. R4-437 Notwithstanding any provisions to the contrary of SUBSECTION 12.2 - R4-438 'Regulations' of SECTION 12: RESIDENTIAL "R4" ZONE of Zoning R4-439 By-law No. 87-57 of the Town of Ancaster, the lands zoned 34.2-155 Zone & Exception Number Special Provisions R4-440 RESIDENTIAL "R4-437", "R4-438", R4-439" AND "R4-440" ZONES, (99-49) described as Part of Lot 38, Concession 3, shall be subject to the (00-43) following: 1.0 Notwithstanding Subsection 12.2, the following regulation shall apply: Maximum 35%, except where bungalow and Lot Coverage backsplit dwellings are proposed, the maximum lot coverage shall be 40%. 2.0 All other regulations of the Residential "R4-367", "R4-368", "R4- 369" and "R4-370" Zones shall continue to apply. NOTE: The following chart is intended to provide clarification in the interpretation of the preceding Clause 2.0. Existing Zone Additional Applicable Regulations* R4-437 Refer to R4-367 R4-438 Refer to R4-368 R4-439 Refer to R4-369 R4-440 Refer to R4-370 * The "R4" Zone should be referred to as the parent zone. R1-441 Notwithstanding any provision to the contrary of SECTION 11: (99-87) RESIDENTIAL "R-1", "R-2" AND "R-3" ZONES of Zoning By-law No. (00-19) 87-57 of the Town of Ancaster, those lands located within Part of Lot 45, Concession 2, municipally known as 253 Golf Links Road, and more particularly shown on Schedule "A" which forms part of this By-law shall be subject to the following: Permitted Use Only one single detached dwelling on the entire 0.3 hectare property, and accessory structures thereto. 34.2-156 Zone & Exception Number Special Provisions RM6-443 Section 33: Exceptions to Zoning By-law No. 87-57 of the Town of (99-104) Ancaster, as amended, is hereby further amended by the addition of the following subsections: 1.0 Additional Permitted Use: Retirement Village, and Accessory Amenities including, but not limited to, dining, recreational and administrative uses. Where a "Retirement Village" shall be defined as follows: "Retirement Village" means the use of land, buildings or structures providing independent sleeping accommodations to elderly persons, while providing communal lifestyle, recreational and health support programs, but shall not include any facility or operation which is licensed, approved or supervised under any current Provincial Act or Statute. 2.0 Maximum Lot Area: Where the use of the lands is for a Retirement Village, the maximum lot area provision shall not apply. 3.0 Maximum Density: Where the use of the land is for a Retirement Village, the maximum density shall be 232 residential retirement units; however, in no case shall the maximum number of residents exceed 255. 4.0 Minimum Easterly 9 metres Side Yard 34.2-157 Zone & Exception Number Special Provisions 5.0 Children's Outside Play Area: Where the use of the land is for a Retirement Village, an outside amenity area of 26 square metres shall be provided. 6.0 Parking: Where the use of the land is for a Retirement Village, the minimum required number of parking spaces shall be based on a ratio of one parking space for every three beds within the Retirement Village; however, in no case shall the minimum number of parking spaces be less than 107 parking spaces over the entire built-out development. 7.0 Maximum Height: The maximum height for the most westerly building, as measured from along the front elevation only, shall not exceed 14.0 metres. 8.0 Building Separation: Where the use of the land is for a Retirement Village, the building separation provision shall not apply. RM4-444 Notwithstanding any provisions to the contrary of Section 17: Residential (00-17) Multiple "RM4" Zone and Subsection 7.14 of Section 7: General Provisions of Zoning By-law 87-57 of the Town of Ancaster, the lands zoned Residential Multiple "RM4-444" by this By-law, described as Part of Lot 46, Concession 2, and more particularly shown on Schedule "A", attached hereto, shall be subject to the following provisions: 1.0 Minimum Front Yard Setback shall be 7.5 m 2.0 Maximum number of Units to be 39 3.0 Minimum parking ratio of 2 spaces per dwelling unit plus 0.5 visitor parking spaces per dwelling unit 4.0 Minimum easterly setback (abutting Wilson Street) shall be 8.5 m 34.2-158 Zone & Exception Number Special Provisions 5.0 For the purposes of this by-law, lot frontage shall be defined as the frontage along Montgomery Drive. 6.0 All other provisions of Zoning By-law 87-57 as applicable to the Residential Multiple "RM4" zone shall apply. C3-445 Notwithstanding any provision to the contrary of Section 7.0 AND Section (00-98) 22 of Zoning By-law NO. 87-57 of the Town of Ancaster, those lands located within Part of Lot 52, Concession 3, municipally known as 1000 Golf Links Road, and more particularly shown on Schedule "A" shall be subject to the following: 2.1 Parking A minimum of 109 parking spaces and 4 handicapped parking spaces shall be provided. 2.2 Yard Setbacks: (1) The easterly side yard shall be a minimum of 3.0 metres; (2) The rear yard shall be a minimum of 11 metres. 2.3 Front Lot Line: For the purpose of this By-law, the front lot line shall be defined as the lot line flanking Golf Links Road. (01-88) 3.0 The Holding "H" prefix shall be lifted from the General Commercial "C3-445" Zone only after the following: 3.1 The existing dwelling has been demolished; 3.2 The proponent has provided for the construction and conveyance of road widenings and improvements to Golf Links Road and Cloverleaf Drive to the satisfaction of the Town of Ancaster and the Region of Hamilton-Wentworth. 3.3 The proponent has provided for the construction and conveyance of the extension of Harrogate Drive to the satisfaction of the Town of Ancaster; and 34.2-159 Zone & Exception Number Special Provisions 3.4 The proponent has satisfied all site plan requirements of the Town of Ancaster. H-R4-446 Notwithstanding any provision to the contrary of Section 12.2 or any other (00-49) section, of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Holding Residential "H-R4-446," described as Part of Lot 39, Concession 3, shall be subject to the following: Special Provisions 1.0 A minimum lot frontage of 15 m 2.0 All other applicable regulations of the Residential "R4" Zone shall apply. (20-134) Removal of Holding Provision RM3-447 Notwithstanding any provision to the contrary of Subsection 34.1 or any (00-60) other section, of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned Residential Multiple "RM3-447", described as Part of Lots 50 and 51, Concession 3, shall be subject to the following regulations: 1) For the purposes of this by-law, the lot frontage is considered to be along Meadowlands Blvd. 2) The front yard setback along Meadowlands Blvd. shall be 9.0 m from the northerly side yard lot line to 35 m southerly and the remainder of the frontage must comply with the 10.5 m required front yard setback. 3) The minimum northerly side yard shall be 7.5 metres. 4) The minimum southerly side yard parallel to Meadowlands Blvd. shall be 8.9 metres. 5) The minimum rear yard setback shall be 7.5 metres 6) Building Separation Requirements are as follows: A townhouse building shall be no closer to another townhouse building on the same lot in accordance with the following distance requirements: 34.2-160 Zone & Exception Number Special Provisions Facade Rear Wall End Wall Facade 18.0 m 19.5 m 15.0 m Rear Wall 19.5 m 15.0 m 10.5 m End Wall 15.0 m 10.5 m 3.0 m 7) Notwithstanding the phasing of the development, the entire holding shall be construed to be a lot for the purposes of zoning regulations provided that all applicable regulations of the zoning by-law relative to the whole lot and its external lot lines are adhered to or are recognized by variance approval. 8) A children's outside play area that is a minimum area that is 7 square metres per dwelling unit shall be provided and maintained without being curbed or fenced. 9) All other applicable regulations of the "RM3-351" Zone shall apply, except for the following: subsection 1(i). C3-448 Notwithstanding any provisions to the contrary of Subsection 22.1 (00-115) Permitted Use of Section 22: General Commercial or any other section, of Zoning By-law No. 87-57 of the Town of Ancaster, the lands zoned C3- 448, described as Part of Lot 54, Concession 2, shall be subject to the following: 1.0 Only the following uses shall be permitted: Business and professional offices; Child Care Centres, but only within an office building complex; Insurance offices; Medical and dental laboratories; and Medical and dental clinics The zoning shall only come into affect upon the subject lands being removed from Niagara Escarpment Development Control. VA-449 Notwithstanding any provisions to the contrary of Section 22 and Section (00-87) 25 of Zoning By-law 87-57, as amended, the following shall apply to the lands described as Part of Lot 44, Concession 2, municipally known as 343 Wilson Street East: 34.2-161 Zone & Exception Number Special Provisions Permitted Uses: All commercial uses permitted under the Village Area "VA" Zone except the following uses: auctioneer establishments, automatic laundry shops/dry cleaning shops, beer stores, cleaning or pressing shops, department stores and other general merchandise, dry cleaning depot, farmer's market, motor vehicle stations (existing), taxi cab business, telephone exchange building, undertaking establishments, and used motor vehicle sales establishments (existing). Regulations: a) Minimum Front yard - existing at the date of passing this By-law b) Minimum Side yard - existing at the date of passing of this By-law c) Minimum Parking required - for medical clinic uses, 4 spaces for each doctor, restaurant, 1 space for each 2 people that can be accommodated; for all other uses, 1 space for each 25 square metres of floor area. d) Minimum parking setbacks - 0.61 metres from side lot line and 1.3 metres from rear lot line R4-450 Notwithstanding any provision to the contrary of Section 12: Residential (00-120) "R4" Zone of Zoning By-law No. 87-57 of the Town of Ancaster, those lands located within Part of Lot 48, Concession 3, and more particularly shown on Schedule "A" shall be subject to the following: 2.1 Lot Frontage Minimum Lots fronting onto Southcote Road and Stonehenge Drive shall have a minimum lot frontage of 15 metres. 2.2 Lot Frontage Definition Parcels that are separated from Southcote Road by lands in common ownership or owned by a condominium corporation for 34.2-162 Zone & Exception Number Special Provisions the purpose of providing mutual access, shall be deemed to have frontage on Southcote Road. 2.3 Frontage Yard Setback Calculation The front yard setback for corner lots that front onto Southcote Road, Stonehenge Drive and Kitty Murray lane shall be a minimum of 7.5 metres from the front lot line where it is parallel to the road and a minimum of 1.2 metres from the lot line adjacent to the daylight triangle, plus any applicable distance required by Schedule "C" of By-law 87-57. C4-453 Notwithstanding any provisions to the contrary of Section 22: Commercial (00-96) "C1", "C2", "C4", "C4", "C4", "C5", AND "VA" Zones of Zoning By- law No. 87-57 of the Town of Ancaster, those lands located within Part of (05-118) lot 53, Concession 2 and 3, and more particularly shown as Schedule "A" which form part of this by-law shall be subject to the following: 2.1 Permitted Uses: Only the following uses shall be permitted; - Animal Hospital - Dental and medical laboratories - Bank and financial institutions - Medical clinics - Business and professional offices - Places or entertainment and - Private and commercial clubs recreation within wholly enclosed - Cold storage locker establishments buildings - Educational services - Restaurants but not including fast - Gymnasiums and health clubs food establishments - Hotels and motels - Telephone exchange building - Lounge - Travel agencies - Radio and television studios - Public and private libraries 2.2 Maximum Lot Coverage 30% (04-088) 3.0 Only those uses existing on the date of passing of this By-law shall be permitted until such time as the Holding "H" prefix to the "H C4-453" Zone has been removed. The Holding "H" prefix shall not be removed until a site plan agreement between the owner and the Town of Ancaster has been approved by Council. 34.2-163 Zone & Exception Number Special Provisions (05-118) (i) Notwithstanding any provisions of Sub-section 22.1 - Permitted Uses of Section 22: Urban Commercial "C4" Zone of Zoning By- law No. 87-57 (Ancaster), the following additional uses shall be permitted: a) Retail Store b) Printing and Publishing Establishment c) Sub-Post Office d) Instructional Services (ii) That notwithstanding any provisions to the contrary of Section 7.0 and Section 22 and all other sections of Zoning By-law No. 87-57 (Ancaster), the following provisions shall be provided and maintained: a) The combined floor area for all Retail Stores on this lot shall not exceed 100m2. b) The combined floor area for all Restaurant uses on this lot shall not exceed 450m2. c) 1 parking space shall be provided and maintained on the lot for each 20m2 of floor area. H-A-455 Notwithstanding any provisions to the contrary of Section 8: Agricultural (00-109) "A" Zone of Zoning By-law 87-57 of the Town of Ancaster, the lands zoned H-A-455, described as Part of Lot 48, Concession 4, shall be subject to the following: 1.0 The following additional use shall be permitted: A golf driving range comprising a maximum of 30 driving tees, and uses and structures directly ancillary to the principal permitted use. 2.0 The following regulations shall apply: Notwithstanding the provisions of Section 8.2: Regulations of 34.2-164 Zone & Exception Number Special Provisions Section 8: Agricultural "A" Zone, the provisions of Section 32.2: Regulations of Section 32: Private Opens Space "O1" zone shall apply to the golf driving range, except that the following shall also apply: Minimum Parking: 47 Parking spaces and two handicapped parking spaces. 3.0 Holding Provision Notwithstanding any provisions to the contrary of Section 2.0 of this by-law, within the lands zoned "H-A-455", as shown on Schedule "A" of this by-law, all lands and buildings shall be limited to: uses existing as of the date of passing of this by-law; and existing buildings, which may be altered or enlarged, provided such alteration or enlargement is in accordance with the regulations of the Agricultural "A" Zone. The Holding provision shall be removed by by-law only after an appropriate site plan has been approved. R5-456 Notwithstanding any provisions to the contrary of Section 13 of Zoning (00-112) By-law No. 87-57, as amended, the following shall apply to the lands described as Part of Lot 47, Concession 2, municipally known as 144 McNiven Road: Parking: For the purpose of this by-law, the minimum parking Requirement of two (2) parking spaces for each semi- detached dwelling unit shall be deemed to be complied with where the number of parking spaces provided on the entire parcel of land zoned "R5-456" Zone. In all other respects, Zoning By-law No. 87-57, as amended shall remain in full force and effect. RM6-457 (i) Notwithstanding any provisions of Sub-section 19.2 - Regulations (00-126) of Section 19: Residential Multiple "RM6" Zone of Zoning By-law (04-269) No. 87-57 (Ancaster), the following shall apply: 34.2-165 Zone & Exception Number Special Provisions (a) (c) (f) (g) (h) Minimum Lot Area Maximum Density Maximum Lot Coverage Minimum Front Yard Minimum Side Yard 0.25 hectares 131 units per hectare 45% 3 metres, plus any applicable distance as specified in Schedule "C" 2 metres from the east property line and 3 metres abutting Dunham Drive (i) Parking 48 spaces, exclusively for the use of the elderly (j) Children's Outside not required Play Area (k) Maximum Height 14.6 metres (3-storeys along Wilson Street) (l) Minimum Landscaping 34%, which includes a minimum 180 square meter roof-top amenity area (m) Planting Strip 3 metres, except 2 metres between the parking area and Dunham Drive (ii) All other provisions of the Residential Multiple "RM6" Zone shall continue to apply. (iii) Notwithstanding Sub-section 7.12(d) - Yard Encroachments, the maximum side yard encroachment of an unenclosed porch shall be 60 centimetres. R3-460 Notwithstanding any provisions of Sub-section 11.3.1 - Permitted Uses of (01-194) Section 11: Residential "R3" Zone of Zoning By-law No. 87-57 (Ancaster), the following use shall be permitted as it affects the lands zoned Residential "R3-460" District by this by-law, described as part of lot 41, concession 3, geographic township of Ancaster and municipally known as 120 Wilson Street West (former Town of Ancaster), shall be subject to the following: 1.0 Permitted Uses: Only the following additional uses shall be permitted: 34.2-166 Zone & Exception Number Special Provisions First Floor: Animal Hospital without outside runs Professional Office Uses Second Floor: One accessory residential apartment unit. 2.0 Notwithstanding Sub-section 11.3.2 - Regulations of Section 11: Residential "R3" Zone of Zoning by-law 87-57 (Ancaster) the following shall be provided and maintained: - A minimum Front Yard setback of 6.7 metres - A maximum Lot Coverage of 15% - A minimum Rear Yard setback of 9 metres. 3.0 Notwithstanding Section 7.12 (c) of Section 7: General Provisions of Zoning By-law No. 87-57 (Ancaster) the following shall be permitted: - Unenclosed porches that project into any minimum front yard a distance of not more than 2.0 metres; 4.0 Notwithstanding Section 7: General Provisions of Zoning By-law No. 87-57 (Ancaster) the following shall be provided and maintained: (i) A minimum of one parking space for each 25 square metres of ground floor area plus 2 parking spaces for the remaining floor area (second storey residential); (ii) A landscaping strip a minimum of 3 metres in width shall be provided between the boundary of the parking area and any lot line adjoining a Residential Zone except for the eastern property line abutting 118 Wilson Street West, the landscaping strip shall be a minimum of 1.5 metres wide; and, (iii) Where parking is provided in the rear yard, a visual barrier not less than 1.2 metres in height and not more than 1.8 metres in height shall be provided along the adjacent lot lines. 34.2-167 Zone & Exception Number Special Provisions All other regulations of the Residential "R3" Zone shall apply. R6-461 Notwithstanding any provision to the contrary of Subsection 11.3.2 - (01-146) Regulations of Section 11.3: Residential "R3" or any other section, of Zoning By-law No. 87-57 (Ancaster), the lands zoned R3-461, described as part of lots 38 and 39, Concession 3, shall be subject to the following: 1.0 Notwithstanding the provisions of Section 11.3.2 (b) - Regulations of the Residential "R3" Zone, the minimum lot frontage shall be 15.2m, exce0pt that no more than 19 lots may have a lot frontage less than 15 metres, except on a corner lot the minimum lot frontage shall be 19.2 metres; 2.0 Notwithstanding the provisions of Section 11.3.2 (a - Regulations of the Residential "R3" Zone, the minimum lot area shall be 495 square metres, except on a corner lot the minimum lot area shall be 610 square metres. R3-462 Notwithstanding any provision to the contrary of Subsection 11.3.2 - (01-146) Regulations of Section 11.3: Residential "R3" or any other section, of Zoning By-law No. 87-57 (Ancaster), the lands zoned R3-462, described as part of lots 38 and 39, concession 3, shall be subject to the provisions of the R3-461 Zone, except for the following: 1.0 notwithstanding Section 11.3.2 Regulations of the Residential "R3" Zone, as it refers to Section 11.1.2 (f) - Regulations of the Residential "R1" Zone, the minimum rear yard shall be 12.0 metres. 34.2-168 Zone & Exception Number Special Provisions R3-463 Notwithstanding any provision to the contrary of Subsection 11.3.2 - (01-146) Regulations of Section 11.3: Residential "R3" or any other section, of Zoning By-law No. 87-57 (Ancaster), the lands zoned R3-463, described as part of lots 38 and 39, concession 3, shall be subject to the R3-461 Zone, except for the following: 1.0 notwithstanding Section 11.3.2 Regulations of the Residential "R3" Zone, the minimum rear yard shall be 12.0 metres; however, no buildings, structures, pools, sheds or any other accessory structure shall be constructed within 6.0 metres of the rear lot line. R3-464 Notwithstanding any provision to the contrary of Subsection 11.3.2 - (01-146) Regulations of Section 11.3: Residential "R3" or any other section, of Zoning By-law No. 87-57 (Ancaster), the lands zoned R3-464, described as part of lots 38 and 39, concession 3, shall be subject to the R3-461 Zone, except for the following: 1.0 notwithstanding Section 11.3.2 Regulations of the Residential "R3" Zone, the minimum rear yard shall be 15.0 metres; however, no buildings, structures, pools, sheds or any other accessory structure shall be constructed within 6.0 metres of the rear lot line. R3-465 Notwithstanding any provision to the contrary of Subsection 11.3.2 - (01-146) Regulations of Section 11.3: Residential "R3" or any other section, of Zoning By-law No. 87-57 (Ancaster), the lands zoned R3-465, described as part of lots 38 and 39, concession 3, shall be subject to the R3-461 Zone, except for the following: 1.0 That the amending by-law apply the holding provisions of Section 36(1) of the Planning Act, R.S.O. 1990, to the subject lands, by introducing the holding symbol 'H' as a suffix to the proposed "R3-465" Zone. The holding provisions will prohibit the development of the subject lands, except for its use as an interim stormwater management pond, until such time as the following condition has been satisfied: (a) that a permanent stormwater management facility has been put in place to the satisfaction of the Director of Development Planning. 34.2-169 Zone & Exception Number Special Provisions R3-467 Notwithstanding any provision to the contrary of Subsection 11.3.2 - (01-195) Regulations of Section 11.3: Residential "R3" District or any other section, of Zoning By-law No. 87-57 (Ancaster), the lands zoned "R3- 467", described as part of lot 46 and 47, concession 2, shall be subject to the following: 1.0 That notwithstanding Section 11.3.2 (b), the minimum lot frontage shall be 14.5 metres; and 2.0 That notwithstanding Section 11.3.2 (a), the minimum lot area for a corner lot shall be 660 square metres. All other regulations of the Residential "R3" Zone shall apply. R2-468 That the "R2" (Residential) District regulations, as contained in Section (01-238) 11.2 of Zoning By-law No. 87-57 (Ancaster) applicable to the subject lands be amended to the extent of the following special requirement: 1.0 notwithstanding Section 11.2.2 (b), the minimum lot frontage shall be 21 metres, except that one lot may have a lot frontage no less than 18 metres. Further, the minimum lot frontage for a corner lot shall be 25 metres. I-469-H Notwithstanding any provision to the contrary of Subsection 30.2 - (01-270) Regulations of Section 30: Institutional "I" Zone or any other section, of Zoning By-law No. 87-57 (Ancaster), the lands zoned "I-469" described as part of lots 53 and 54, concession 3, shall be subject to the following: 1.0 notwithstanding the provisions of Sections 30.4, which refers to Section 7.14 (a) (xvi), a permanently maintained planting strip of a minimum width of 5.0 metres shall be provided and maintained along the street line, and it shall be continuous except for aisles or driveways required for access to such parking area. (06-075) The 'H' Symbol applicable to the lands zoned I-469-H shall be removed conditional upon: (1) the owner applying for and receiving approval of a site plan control application for the use of the subjects lands with the City of Hamilton; and, 34.2-170 Zone & Exception Number Special Provisions (2) the owner submitting a signed Record of Site Condition (RSC) to the satisfaction of the City of Hamilton. RM4-470 Notwithstanding any provision to the contrary of Subsection 17.2 - (01-270) Regulations of Section 17: Residential Multiple "RM4" Zone or any other section, of Zoning By-law No. 87-57 (Ancaster), the lands zoned "RM4- 470", described as part of lots 53 and 54, concession 3, shall be subject to the following: 1 notwithstanding Subsection 17.1, the most easterly bank of dwelling units shall comprise of single detached and/or semi- detached dwelling units only; 2 notwithstanding Subsection 17.2 (b), the maximum density shall not exceed 25 units per hectare; 3 notwithstanding Subsection 17.2 (g), the minimum easterly side yard width affecting all buildings, accessory structures, exclusive use areas and parking areas shall be 10 metres; 4 notwithstanding Subsection 17.2 (j), a planting strip of a minimum width of 5.0 metres shall be provided and maintained along the front property line, and a permanently maintained planting strip of a minimum width of 10.0 metres shall be provided along the easterly side lot line. Further, a planting strip shall be provided and maintained from the most easterly point of the property (where the two side lot lines intersect) a distance of 40 metres westerly. (05-097) The "H" symbol applicable to the lands zoned "RM4-470-H" shall be removed conditional upon: (1) the owner applying for and receiving approval of a site plan control application for the use of the subject lands with the City of Hamilton; and, (2) the owner submitting a signed Record of Site Condition (RSC) to the satisfaction of the City of Hamilton. 34.2-171 Zone & Exception Number Special Provisions R5-471 That the "R5-371" (Residential) District regulations, as contained in (02-001) Section 13.2 of Zoning By-law No. 87-57 (Ancaster), applicable to the subject lands be amended to the extent of the following special requirement: 1.0 notwithstanding Section 13.2 (d) the minimum front yard setback shall be 7.0 metres plus any applicable distance as specified in Schedule "C", wherein a maximum of six (6) dwellings can have a front yard setback that is no more than 4.5 metres greater than the setback of any garage, on the condition that no two (2) such dwellings are adjacent to each other. RM3-477 That the Residential Multiple "RM3-477" Zone, as contained in Section (02-184) 34 of Zoning By-law No. 87-57 (Ancaster), applicable to the subject lands be deleted and replaced with the following provisions: 1. Minimum Lot Frontage - the minimum frontage along a new public street shall be 12 metres. 2. Minimum Front Yard - the front yard setback from the proposed local street shall be 8 metres and shall be 9 metres from Stonehenge Drive. 3. Maximum Density - 36 units per hectare 4. Minimum Unit Width - 6 metres 5. Minimum Privacy Area 30 Square metres per Dwelling Unit - 6. Maximum Lot Coverage - 35 percent 7. Minimum Side Yards - 7.5 metres 8. Building Separation A townhouse building shall be no Requirements: closer to another townhouse building on the same lot than what is specified in the following distance requirements: 34.2-172 Zone & Exception Number Special Provisions i) the minimum distance between 2 facades shall be 18 metres; ii) the minimum distance between a facade and an end wall shall be 21 metres; iii) the minimum distance between 2 end walls shall be 3 metres 9. Minimum Landscaping - 45% 10. Visitor's Parking - 0.6 spaces per townhouse unit. 11. Planting Strip - Where the property adjoins any other lands zoned "Residential "R1", "R2", or "Multiple Residential "RM2", a minimum 2 metre wide planting strip shall be provided. 12. Children's Play Area - A children's play area that is a minimum area of 7 square metres per dwelling unit shall be provided and maintained without being curbed or fenced. 13. Corner Lots - Townhouse end units which have flankage onto Stonehenge Drive shall be oriented so that the facades have presence on both streets. 14. All other applicable regulations of "RM3" Zone shall apply. RM2-478 (02-184) 1 Minimum Lot Area - 1500 Square metres per townhouse block and 200 square metres per dwelling unit. 2 Minimum Lot Frontage - 42 metres per block and 7.5 metres per unit, except: 34.2-173 Zone & Exception Number Special Provisions i) On a corner lot, the minimum lot frontage for a dwelling end unit adjacent to the flanking street shall be 15.5 metres. ii) For a dwelling end unit that does not abut a flanking street, the minimum lot frontage shall be 10 metres. 3 Minimum Lot Depth - The minimum lot depth shall be 25 metres for dwelling units abutting the "RM2" Exception Zone, 26 metres for dwellings abutting lands that are zoned "O2" and "RM3" Exception Zone and 28 metres for dwelling units abutting lands that are zoned for commercial uses. 4 Maximum Lot Coverage - 49% for interior dwelling units and 37% for end units which do not have flankage on Meadowlands Boulevard or Stonehenge Drive. 5 Minimum Front Yard - 6.0 metres to a front elevation and 5.4 metres to a porch. 6 Minimum Rear Yard - 7.0 metres abutting lands zoned "O2", "RM2" Exception Zone and "RM3" Exception Zone and 9.0 metres abutting lands that are zoned for commercial uses. 7 Maximum Driveway Driveways of interior townhouse Coverage - units shall not exceed 50% of the front yard area of an individual lot. 8 Interior Townhouse Driveways for interior townhouse Unit Driveways - units shall be twinned on one side of the street. 34.2-174 Zone & Exception Number Special Provisions 9 Corner Lots - Townhouse end units which have flankage onto Meadowlands Boulevard and Stonehenge Drive shall be oriented so that the facades have presence on both streets. 10 All other applicable regulations of the "RM2" Zone and Section 5, General Provisions of Zoning By-law 87-57 (Ancaster) shall continue to apply shall apply. C3-479 Notwithstanding any provisions of Sub-section 22.1 - Permitted (03-014) Uses of Section 22: General Commercial "C3" Zone of Zoning By-law No. 87-57 (Ancaster), only the following uses shall be permitted as it affects the lands zoned General Commercial "C3-479" by this by-law, described as Part of Lot 44, Concession 2, geographic Township of Ancaster and municipally known as 213 Wilson Street: a) Permitted Uses: Business and Professional Offices Medical Clinics Accessory Residential Use Notwithstanding any provisions of Sub-section 22.2 of the General Commercial "C3" Zone, the following provisions shall apply: a) Minimum Front Yard 6 metres, plus any applicable distance as specified in Schedule b) Minimum Side Yard "C"; 3.8 metres; and, All other provisions of Zoning By-law 87-57 as applicable to the General Commercial "C3" Zone shall apply. Notwithstanding Sub-section 7.14 (a)(xv) of Section 7: General Provisions of Zoning By-law No. 87-57 (Ancaster), the following special regulation shall apply to the General Commercial "C3-479" Zone: a) A minimum 3 metre wide permanently maintained planting strip shall be provided along the rear lot line. 34.2-175 Zone & Exception Number Special Provisions R4-480 That the "R4" (Residential) Zone regulations, as contained in Section 12.2 (02-268) of Zoning By-law No. 87-57 (Ancaster) applicable to the subject lands be amended to the extent of the following special requirement: 1.0 notwithstanding Section 12.2 (f), the Minimum Rear Yard shall be 9.5 metres. R4-481 That the "R4" (Residential) Zone regulations, as contained in (02-319) Section 12.2 of Zoning By-law No. 87-57 (Ancaster), applicable to the subject lands be amended to the extent of the following special requirement: Development Regulations: (1) Minimum Lot Frontage - 12.2 metres; (2) Maximum Lot Coverage: 2 storey dwellings - 35% 1 storey dwellings - 45% for a maximum of 20% of the total lots; and, All remaining lots - 40%, and (3) All other applicable regulations of the Residential "R4" Zone shall apply. R4-482 That notwithstanding the provisions of the Residential "R4" Zone of (02-319) Sections 12.1 and 12.2, of Zoning By-law No. 87-57, the following special provisions shall apply to Block 2: Permitted Uses: Permitted Uses - for the purposes of this By-law, a maximum of eighteen (18) dwellings shall be permitted to access a condominium road. Development Regulations: (1) Minimum Lot Frontage - 12.2 metres; 34.2-176 Zone & Exception Number Special Provisions (2) Maximum Lot Coverage: forty percent (40%) for all housing forms except 2 storey detached dwellings; (3) Frontage - a private road shall be deemed the same as a public road in considering frontage; (4) Frontage - for lots adjacent to Cloverleaf Drive the public road shall be deemed as frontage in determining yard set backs; (5) Minimum Front Yard - minimum front yard set back from the edge of asphalt of a private road shall be 4.5 m to building face and 6.0 m to a garage; (05-160) (6) That the amending By-law apply Holding provisions of Section 36(1) of the Planning Act R.S.O. 1990, to the lands by introducing the Holding symbol 'H' as a suffix to the proposed zoning district. The Holding provision will prohibit the development of the subject lands. Upon satisfying the condition that the owner has registered a Condominium Agreement for a condominium road and submitting the required fee, City council may than proceed with the removal of the 'H' symbol, by enactment of an amending By-law and, thereby, give effect to the R4-482 Zone; and (7) All other applicable regulations of the Residential "R4" Zone shall apply. RM4-483 That notwithstanding the provisions of the Residential Multiple "RM4" (02-319) Zone of Sections 17.1 and 17.2, of Zoning By-law 87-57, the following special provisions shall apply to Block 3: Development Regulations: (1) Maximum Lot Coverage - forty (40%); (2) Building Separation - delete Regulation 17.2 (p); and, 34.2-177 Zone & Exception Number Special Provisions (1) Minimum Lot Area - 1,089 sq.m. of the total parcel area and 231 sq.m. per unit; (2) Minimum Lot Frontage - 33m for a parcel and 7m per dwelling unit; (3) Minimum Lot Frontage - 12m on an end unit flanking a street; (4) Minimum Lot Frontage - 9.5m for an end unit that does not abut a flanking street; (5) Minimum Side Yard - 5.0m side yard for an end unit flanking a street; (3) All other applicable regulations of the Residential Multiple "RM4" Zone shall apply. RM4-484 That notwithstanding the provisions of the Residential Multiple "RM4" (02-319) Zone of Sections 17.1 and 17.2 of Zoning By-law 87-57 the following special provisions shall apply to Block 4: Permitted Uses: Additional Permitted Use - street townhouses; Development Regulations: (1) Minimum Front Yard - minimum setback of 4.5 m from a building face and 6.0 m to a garage; (2) No individual driveway access from a unit to Stonehenge Drive shall be permitted; and (3) All other applicable regulations of the Residential Multiple Zone "RM4" zone shall apply. RM2-485 That notwithstanding the provision of the Residential Multiple "RM2" (02-319) Zone of Section 15.2 of Zoning By-law No. 87-57, the following special provisions shall apply to Block 5: Development Regulations: 34.2-178 Zone & Exception Number Special Provisions (6) Frontage on a private Street shall be considered the same as frontage on a public street; (7) Maximum Lot Coverage - 45% (8) Minimum Front Yard - 4.5m from a building face and 6.0m to a garage; and, (9) All other applicable regulations of the Residential Multiple "RM2" Zone shall apply. RM6-486 That notwithstanding the provisions of the Residential Multiple (02-319) "RM6" Zone of Section 19.2, of Zoning By-law 87-57, the following special provisions shall apply to Block 6: Development Regulations (1) Maximum Lot Area - delete Regulation 19.2 (b); (2) Maximum Density - fifty (50) units per hectare; (3) Minimum Lot Frontage - for the purposes of this By-law, frontage on Cloverleaf Drive shall be deemed as the minimum lot frontage; (4) Minimum Landscaping - forty percent (40%) required of the lot area including the children's outside play area; (5) Maximum Lot Coverage - thirty-five percent (35%); and, (6) All other applicable regulations of the Residential Multiple "RM6" Zone shall apply. (04-081) (7) Permitted Uses Notwithstanding Subsection 19.1, Permitted Uses of Section 19: Residential Multiple "RM6" Zone, Block Townhouses shall also be permitted. 34.2-179 Zone & Exception Number Special Provisions Regulations: That the provisions of Section 17: Residential Multiple "RM4" Zone shall apply to the development of Block Townhouses with the exception of the following special provisions: (1) Maximum Density Notwithstanding Section 17.2(b), the maximum density shall be 37 units per hectare. (2) Maximum Lot Coverage Notwithstanding Section 17.2(e), the maximum lot coverage shall be 31%. (3) Minimum Front Yard Notwithstanding Section 17.2(f), the minimum front yard shall be 7.5 metres. (4) Minimum Privacy Area Notwithstanding Section 17.2(k), the minimum privacy area shall be 32.5 square metres and balcony areas may be included in the privacy area calculation. (5) Yard Encroachments Notwithstanding Section 7.12(d), an unenclosed porch may project into a front yard, a distance of not more than 1.7 metres. O2-487 That notwithstanding the provisions of the Public Open Space "O2" Zone (02-319) of Section 33.1 of Zoning By-law No. 87-57, the following special provisions shall apply to Block 7: Permitted Uses: (1) Permitted Uses - stormwater management facilities Development Regulations: (1) All applicable regulations of the Public Open Space "O2" Zone shall apply. 34.2-180 Zone & Exception Number Special Provisions RM5-488 That notwithstanding the provisions of the Residential Multiple "RM5" (02-319) Zone of Section 18.2, Zoning By-law No. 87-57, the following special provisions shall apply to Block 8: Development Regulations: (1) Minimum Lot Area - 0.33 hectares for multiplex dwellings containing seven (7) or more units. (2) Minimum Rear Yard - 7.5m (3) Children's Play Area - 2.5 sq.m. per bedroom excluding master bedroom; and, (4) All other applicable regulations of the Residential Multiple "RM5" Zone shall apply. RM6-489 That notwithstanding the provisions of the Residential Multiple "RM6" (02-319) Zone of Sections 19.1 and 19.2 of Zoning By-law No. 87-57, the following special provisions shall apply to Block 9: Permitted Uses: Additional Permitted Uses - block townhouses, stacked townhouses and multi-plex dwellings and uses in accordance with the development regulations of the "RM4-483" Zone. Development Regulations: (1) Maximum Lot Area - delete Regulation 19.2 (b); (2) Maximum Density - seventy (70) units per hectare; (3) Maximum Lot Coverage - fifty percent (50%); (4) Maximum Height - 13.7 metres in a maximum of 3 storeys; (5) Minimum Landscaping - 25% of the lot area (including the children's outside play area); (6) All other applicable regulations of the Residential Multiple "RM6" Zone shall apply. C1-491 Notwithstanding any provisions to the contrary of Subsection 3, (03-95) Definitions; Subsection 7.14(b), Parking Requirements; Subsection 22.1, (08- 254) Permitted Uses of Neighbourhood Commercial "C1" Zone; and Subsection 22.2, Regulations of Section 22: Neighbourhood Commercial "C1" Zone, the following additional uses and special provisions shall apply: Permitted Uses: - Banks and Financial Institutions - Business and Professional Offices - Child Care Centres - Establishments providing Educational or Instructional Services - Fast Food Restaurants, not to exceed 2 such restaurants, including an accessory bakery - Medical Clinic - Medical and Dental Laboratories - Personal Service Shops - Printing Establishment - Retail Stores, except that adult-oriented video rental outlets and similar retail outlets shall not be permitted - Service Shops - Sub-Post Offices Definitions: For the purpose of this By-law, "Sub-Post Office" - means a Government of Canada postal sub-station or a commercial parcel pick-up and delivery service. Development Regulations: (a) A Medical or Dental Clinic shall not exceed more than 40% of the total gross floor area; (b) Medical and dental laboratories shall not exceed more than 35% of the of the total gross floor area; (c) The outdoor storage and display of goods, products or materials shall not be permitted; (d) Maximum Gross Floor Area for a Fast Food Restaurant shall be 233 square metres; and, APPENDIX A (182) (e) All other applicable regulations of the Neighbourhood Commercial "CI" Zone shall apply. RM4-492 That notwithstanding the provisions of the Residential Multiple "RM4" (03-095) Zone of Section 17.2, of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "RM4-492": Development Regulations (1) Maximum Density - 37 dwelling units per hectare plus an additional 5 dwelling units per hectare where all parking spaces (excluding required visitor parking) are provided under landscaped grounds or inside a building, plus 2 additional dwelling units per hectare where the lot abuts lands zoned Public Open Space "O2" which lands are not less than 2 hectares in area, to a maximum density of 44 dwelling units per hectare; (2) Minimum Landscaping - 40 percent of the lot area (including required privacy areas); (3) Building Separation - Rear Wall to Facade Wall 18.0 metres; and, (4) All other applicable regulations of the Residential Multiple "RM4" Zone shall apply. RM2-493 That notwithstanding the provision of the Residential Multiple "RM2" (03-095) Zone of Section 15.2, of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "RM2-493": Development Regulations (1) Minimum Lot Area - 900 Square metres of total parcel area per dwelling and 180 square metres per dwelling unit; (2) Minimum Lot Frontage - 30 metres of total parcel frontage per dwelling and 6.1 metres per dwelling unit except: (i) On a corner lot the minimum lot frontage for a dwelling end unit adjacent to the flanking street shall be 10.75 metres. (ii) For a dwelling end unit which does not abut a flanking street the minimum lot frontage shall be 7.6 metres; (3) Maximum Lot Coverage - 44% of total parcel area per interior unit and 35% of total parcel per end unit; APPENDIX A (183) (4) Minimum Side Yard - 1.5 metres for a dwelling end unit which does not abut a flanking street and for a dwelling end unit abutting a flanking street the minimum side yard shall be 7.5 metres plus any applicable distance as specified in Schedule "C"; and, (5) All other applicable regulations of the Residential Multiple "RM2" Zone shall apply. R4-494 That notwithstanding the provisions of the Residential "R4" Zone of (03-095) Section 12.2, Zoning By-law 87-57, the following special provisions shall apply to the lands zoned "R4-494": Development Regulations (1) Minimum Rear Yard - 7.5m, except on any lots backing onto Highway 403 the minimum rear yard shall be 14 metres; and, (2) All other applicable regulations of the Residential "R4" Zone shall apply. I-495 That notwithstanding the provisions of the "I" (Institutional) Zone of (03-095) Section 30.2 of Zoning By-law No. 87-57 (Ancaster) the following special provisions shall apply to the lands zoned "I-495": Development Regulations: (1) Maximum Height- 14.2 metres; and (2) All other applicable regulations of the Institutional "I" Zone shall apply. H-A-496 That notwithstanding the provisions of the Agricultural "A-216" (03-095) Exception Zone of Section 34.1, of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "H-A-496": Permitted Uses The uses permitted under the Agricultural "A-216" Exception Zone shall continue to apply, wherein the following additional use shall also apply: - Elementary School Development Regulations Notwithstanding the regulations of Section 8: Agricultural "A" Zone the regulations of Section 30: Institutional "I" Zone shall apply to the Elementary School, in addition to the following: APPENDIX A (184) (1) Prior to the erection of any permitted building, a Fill, Construction and Alteration to Waterways Permit shall be obtained from the Grand River Conservation Authority, where required by the said Authority; and, (2) That the Holding "H" only be lifted upon: (i) the determination of adequate setback limits have been established for the protection of the wetlands and watercourses and stormwater management has been approved, to the satisfaction of the Grand River Conservation Authority, as it applies only to the use of the elementary school; and, (ii) That the owner/applicant shall carryout an archaeological assessment of the entire development property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found all to the satisfaction of the City of Hamilton's Planning and Development Department and the Ministry of Culture. R3-497 That notwithstanding the provisions of the "R3" (Residential) Zone of (03-095) Section 11.3 of Zoning By-law No. 87-57 (Ancaster) the following special provisions shall apply to the lands zoned "R3-497": Permitted Uses A Detached Dwelling, where such a use shall only be permitted within the building existing at the time of passing of this by-law. VA-498 Permitted Uses (03-152) The Village Area "VA" Zone uses as specified in Table 1, Section 22.1, in addition to the following permitted use: Apartment Units above Commercial Uses (A maximum of four (4) apartment units shall be permitted only within the main building) Regulations That the provisions of Section 25.2, Village Area "VA" Zone (Commercial Uses) shall apply to development within the VA-498 Exception Zone with the exception of the following special provisions: (1) Parking - Notwithstanding Section 7.14(b)(i)(E), apartment dwelling units within a commercial building shall require 1 parking APPENDIX A (185) space per unit; (2) Buffer - A minimum 1.5 metre wide buffer strip shall be provided between the driveway and the southerly side property line; (3) Fencing - A 2.4 metre high solid screen wooden fence shall be provided along the rear property line, continuing to the point until the elevations of the abutting properties become even, at which point a minimum 1.8 metre high solid screen wooden fence shall be provided for the remaining section of the rear property line. All other regulations of Section 7, General Provisions of Zoning By-law 87-57 (Ancaster) shall continue to apply. RM5-499 Permitted Uses (03-186) Notwithstanding Section 18.1, a maximum of thirty (30) multi-plex dwelling units (stacked townhouse units) shall be permitted. Notwithstanding the definition for "Multi-Plex Dwelling" provided in Subsection 3.46, a Multi-Plex Dwelling Stacked Townhouse shall mean a building divided vertically into a minimum of two (2) and a maximum of eight (8) side-by-side and/or back-to-back units, which may also be divided horizontally to a maximum of two (2) units in height, for a maximum total of sixteen (16) units, with each unit being separated by two or more common walls and each having private entrances to the outside. Regulations That the provisions of Section 18.2 shall apply to development within the Residential Multiple "RM5-499" Zone except for the following special provisions: (1) Minimum Side Yard - Notwithstanding Section 18.2(g), the minimum side yard requirement shall be 3 metres. (2) Setback for Dwellings - The minimum setback for a multi-plex dwelling unit from an internal roadway shall be 3 metres. (3) Minimum Landscaping - Notwithstanding Section 18.2(j), the minimum landscaping requirement shall be 30%. APPENDIX A (186) (4) Planting Strip - Notwithstanding Section 18.2(k), a planting strip shall not be required. (5) Parking - Notwithstanding Section 18.2(I), 2 spaces per unit, plus 0.3 spaces per unit for visitors shall be required, where 25% of the required parking spaces for multi-plex dwellings (excluding required visitors parking) shall be within an enclosed building or underground. (6) Minimum Privacy Areas - i) 35 square metres for ground floor units; ii)12 square metre balconies for second floor units. (7) Building Separation - A multi-plex dwelling shall be located no closer than 10.5 metres from an apartment building on the same lot. (8) Fencing - A minimum 1.8 metre high chain link fence shall be required along the side and rear lot lines. (9) Accessory Parking - Notwithstanding Section 7.18(iv), the Structures maximum ground floor for any accessory building for parking purposes shall be 240 square metres. All other regulations of Section 7, General Provisions of Zoning By-law 87-57 (Ancaster) shall continue to apply. R4-500 That the Residential "R4" Zone, regulations as contained in Section 12.2 (03-236) of Zoning By-law No. 87-57 (Ancaster), applicable to the subject lands be amended to the extent of the following special requirements: Regulations Notwithstanding Subsection 12.2 (a, e and g): 1. Minimum lot area 380 square metres 2. Minimum side yard 1.5 metres 3. Maximum height 6.5 metres All other regulations of the Residential "R4" Zone shall continue to apply. APPENDIX A (187) All other regulations of Section 7, General Provisions of Zoning By-law No. 87-57 (Ancaster) shall continue to apply. VA-502(H) Permitted Uses (03-281) In accordance with the Village Area "VA" Zone uses as specified in Table 1, Section 22.1. Regulations In accordance with the provisions of Section 25.2, Village Area "VA" Zone (Commercial Uses). The Holding provision will prohibit the use of the subject lands for commercial purposes, until such time that a site plan has been submitted and approved, the properties at 402 Wilson Street East and 398 Wilson Street East have been merged under common title, and a road widening to establish the property line, approximately 10.06 metres from the centerline of construction of Wilson Street East, has been dedicated to the City, to the satisfaction of the Director of Development and Real Estate, Planning and Development Department. City Council may remove the 'H' symbol and, thereby, give effect to the Village Area "VA-502" Zone provisions by enactment of an amending By-law once the conditions are fulfilled; All other regulations of Section 7, General Provisions of Zoning By-law 87-57 (Ancaster) shall continue to apply. VA-503 Notwithstanding the provisions of Sub-section 25.1. - Permitted Uses of (03-329) Section 25: Village Area "VA" Zone of Zoning By-law No. 87-57 (Ancaster), the following uses shall be permitted as it affects the lands zoned Village Area "VA-503" by this by-law, described as Part of Lot 44, Concession 2, geographic township of Ancaster and municipally known as 231 Wilson Street East and 241 to 245 Wilson Street East: a) Permitted Uses: All uses permitted in the Village Area "VA" Zone Lounge Place of Entertainment or Recreation within wholly enclosed buildings Residential Uses located above the ground floor only Notwithstanding any provisions of Sub-section 25.2 of Section 25: Village Area "VA" Zone, of Zoning No. 87-57 (Ancaster) the following provisions shall apply: APPENDIX A (188) a) Minimum Front Yard 0 metres, plus a 10 metre setback from the Centre Line of Wilson Street East; b) Minimum Rear Yard 7.5 metres, except where a lot is abutting a Residential Zone or residential use the minimum rear yard shall be 13 metres; and, c) The stone building existing on the day of passing of this by-law shall be retained; d) All other provisions of Zoning By-law No. 87-57 as applicable to the Village Area "VA" Zone shall apply. ER-505 Notwithstanding any provision to the contrary of Subsection 10.1 (04-024) Permitted Uses of Section 10: Existing Residential "ER" Zone or any other section, of Zoning By-law No. 87-57 (Ancaster), the lands zoned "ER- 505" described as part of lot 34, concession 3, shall be subject to the following additional use: Permitted Use: These lands may also be used for a medical or dental office subject to the following provisions: 1. the area of such office shall not exceed 25 per cent of the floor area of the dwelling; 2. such office shall be used only for consultation and emergency or minor treatment and not a private clinic or hospital; 3. a minimum number of four (4) parking spaces shall be provided and maintained on the lot containing such office; 4. a sign indicating the name of a qualified medical practitioner shall be permitted; and, 5. enlargement or replacement of the existing residential buildings on such lands with new offices or buildings is prohibited. Notwithstanding any provision to the contrary of Subsection 10.2 - Regulations of Section 10: Existing Residential "ER" Zone or any other section, of Zoning By-law No. 87-57 (Ancaster), the lands zoned "ER- 505" described as part of lot 34, concession 3, shall be subject to the following: Regulations: APPENDIX A (189) 1. Minimum Lot Area 650 square metres 2. Minimum Lot Frontage 16.5 metres ER-506 Notwithstanding any provision to the contrary of Subsection 10.2 - (04-024) Regulations of Section 10: Existing Residential, "ER" Zone or any other section, of Zoning By-law No. 87-57 (Ancaster), the lands zoned "ER- 506" described as part of lot 34, concession 3, shall be subject to the following: Regulations: 1. Minimum Lot Area 600 square metres 2. Minimum Lot Frontage 16.5 metres C3-507 Notwithstanding the provisions of Sub-section 22.1 - Permitted Uses of (04-080) Section 22: General Commercial "C3" Zone of Zoning By-law No. 87-57 (Ancaster), the following additional use shall be permitted as it affects the lands zoned General Commercial "C3-507" by this by-law, described as Part of Lot 35, Concession 3, geographic township of Ancaster and municipally known as 1151 Garner Road West, subject to the following: a) Permitted Uses: Church b) All other provisions of Zoning By-law No. 87-57 as applicable to the General Commercial "C3" Zone shall apply. R3-509 Notwithstanding any provisions to the contrary of Subsection 11.3.2 - (04-123) Regulations of Section 11.3: Residential "R3" Zone of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R3-509": Development Regulations: (1) Minimum Front Yard 17.5 metres R2-510 Notwithstanding any provisions to the contrary of Subsection 11.2.2 - (04-123) Regulations of Section 11.2: Residential "R2" Zone of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R2-510": Development Regulations: (1) Minimum Rear Yard 9.0 metres for all grading buildings, APPENDIX A (190) structures, pools, sheds or any other accessory structure. RM4-512 In addition to the uses permitted in Subsection 17.1 "Permitted Uses" of (04-327) Section 17, Residential Multiple "RM4" Zone, a single detached dwelling may also be permitted on those lands zoned RM4-512. Notwithstanding the provisions of paragraphs (a) and (c) of Subsection 17.2 "Regulations" of Section 17 and notwithstanding the provisions of paragraphs (b) and (e) of Section 7.24, Home Based Business, the following special provisions shall apply to the lands zoned "RM4-512": Development Regulations: (a) Minimum Lot Area 0.16 hectares (b) Minimum Lot Frontage 40.0 metres (c) No more than 40% of the floor area of the dwelling unit to a maximum of 112 square metres (1200 square feet) shall be devoted to business activity of the professional business activities of the occupants, excluding medical and dental offices. (d) No more than two (2) non-residents of the dwelling unit shall work and/or report to work at of the professional business activities of the occupants, excluding medical and dental offices in addition to residents of the dwelling unit. RM4-513 In addition to the uses permitted in Subsection17.1 "Permitted Uses" of (04-327) Section 17, Residential Multiple "RM4" Zone, a single detached dwelling may also be permitted in accordance with the provisions of Section 13: Residential "R5" Zone on those lands zoned RM4-513. Notwithstanding the provisions of paragraphs (a) and (c) of Subsection 17.2 "Regulations" of Section 17, the following special provisions shall apply to the lands zoned "RM4-513" Development Regulations: (a) Minimum Lot Area 0.24 hectares (b) Minimum Lot Frontage 40.0 metres R4-514 Notwithstanding any provisions to the contrary of Subsection 12.2 - (04-326) Regulations of Section 12.2: Residential "R4 Zone of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R4-514": Development Regulations: APPENDIX A (191) (a) Minimum Lot Area 450 square metres (b) Minimum Lot Frontage 15 metres (c) (d) Minimum Front Yard Minimum Side Yard 6.0 metres 1.2 metres, except on a corner lot, the minimum side yard abutting a street shall be 4.5 metres except 6.0 metres to an attached garage or attached carport. (e) All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R4" Zone shall apply. RM2-515 Notwithstanding any provisions to the contrary of Subsection 15.2 - (04-326) Regulations of Section 15: Residential Multiple "RM2-515" Zone of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "RM2-515": Development Regulations: (a) Minimum Lot Area 1,380 square metres of total parcel area per dwelling and 210 square metres per dwelling unit. (b) Minimum Lot Frontage 46 metres of total parcel frontage per dwelling and 7 metres per dwelling unit except: (i) On a corner lot the minimum lot frontage for a dwelling end unit which does not abut a flanking street the minimum lot frontage shall be 9 metres. (c) Maximum Lot Coverage 45 percent (d) Minimum Front Yard 6.0 metres (e) Minimum Side Yard 2.0 metres for a dwelling end unit which does not abut a flanking street and for a dwelling end unit abutting a flanking street the minimum side yard shall be 7.5 metres. (f) Minimum Landscaping 25 percent of the lot area (including required privacy area) APPENDIX A (192) R4-516 Notwithstanding any provisions to the contrary of Subsection12.2 - (04-326) Regulations of Section 12.2: Residential "R4" Zone of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R4-516": Development Regulations: (a) Minimum Lot Area 390 square metres (b) Minimum Lot Frontage 12 metres (c) Minimum Front Yard 6.0 metres (d) Minimum Side Yard 1.2 metres, except on a corner lot, the minimum side yard abutting a street shall be 4.5 metres except 6.0 metres to an attached garage or attached carport. (e) All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R4" Zone shall apply. R4-517 Notwithstanding any provisions to the contrary of Subsection 12.2 - (04-326) Regulations of Section 12.2: Residential "R4" Zone of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R4-517": Development Regulations: (a) Minimum Lot Area 320 square metres (b) Minimum Lot Frontage 10.7 metres (c) Minimum Front Yard 6.0 metres (d) Minimum Side Yard 1.2 metres, except on a corner lot, the minimum side yard abutting a street shall be 4.5 metres except 6.0 metres to an attached garage or attached carport. (e) All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R4" Zone shall apply. RM2-518 Notwithstanding the provisions of Subsection 3.132 "Definitions" and (05-054) Subsection 34.2 "Lands Affected on Schedule "B" of Zoning By-law No. (09-249) 87-57 (Ancaster), the following special provisions shall apply to the lands APPENDIX A (193) zoned "RM2-518": Definitions: Street: In addition to the provisions of Definition 3.132, "Street", a private condominium road shall also be considered to be a highway for the purposes of creating lot frontage. Development Regulations: (a) Minimum Lot Area 780 square metres of total parcel area per dwelling and 210 square metres per dwelling unit. (b) Lot Frontage 7.0 metres per dwelling unit; except: (i) On a corner lot the minimum lot frontage for a dwelling end unit abutting a flankage street shall be 6.8m; (ii) For a dwelling end unit which is not adjacent to a flankage street, the minimum lot frontage shall be 6m. (d) Maximum Lot No Maximum. Coverage (e) Minimum Front Yard 4.5 metres to the dwelling unit and 6.0 metres to the garage. (f) Side Yard Setback 2.0 metres for a dwelling end unit which is not adjacent to a flankage street, and for a dwelling end unit adjacent to a flankage street the minimum side yard shall be 5.0 metres. (i) Minimum 25 percent of the lot area (including required Landscaping privacy area). (n) Visual Barrier A 1.8m high visual barrier comprised of a board on board fence shall be provided along the rear lot line adjoining a Residential "R4" Zone. (o) Any applicable distance as specified in Schedule "C" " - Setback Standards, to the Town of Ancaster By-law 87-57 shall not apply. APPENDIX A (194) All other provisions of the Residential Multiple "RM2" Zone shall continue to apply. R4-519 Notwithstanding the provisions of paragraphs (c), (d) and (e)(ii) of (05-054) Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone, the following special provisions shall apply to the lands zoned "R4-519" Regulations: (c) Maximum Lot Coverage 45% for one storey and back split single detached dwellings and 40% for 2 Storey single detached dwellings. (d) Minimum Front Yard 3.0 metres to the dwelling and 6.0 metres to a garage plus any applicable distance specified in Schedule "C" (e)(ii) Minimum Side Yard On a corner lot, the minimum side yard abutting a street shall be 3.0 metres plus any applicable distance specified in Schedule "C" In addition to the Provisions of Section 7.12, Yard Encroachments, an alcove for pantries and hutches etc., shall be permitted to project into any minimum yard a distance of not more than 60 centimetres. R4-519 Notwithstanding the provisions of paragraphs (c), (d) and (e)(ii) of R4- R4-519(H) Subsection 12.2, Regulations, of Section 12: Residential "R4" Zone, and (06-048) Schedule "C" the following special provisions shall apply to the lands (12-205) zoned "R4-519" Regulations: (a) Maximum Lot Coverage 45% for one storey and back split single detached dwellings and 40% for 2 storey single detached dwellings. (b) Minimum Front Yard A minimum front yard of 3.0 metres to the dwelling and 6.0 metres to a garage shall be provided. (c) Minimum Side Yard On a corner lot, the minimum side yard abutting a street shall be 3.0 metres. APPENDIX A (195) (12-205) (d) Holding Removal The Holding 'H' Symbol shall not be removed from the lands zoned "R4- 519" until such time as the lands have been merged on title with adjacent lands to the satisfaction of the Director, Development and Real Estate Division. In addition to the Provisions of Section 7.12, Yard Encroachments, an alcove and similar architectural features, shall be permitted to project into any minimum yard a distance of not more than 60 centimetres. VA-522 (05-062) Permitted Uses: 1. Notwithstanding Sections 22.1 and 25 or any other provision to the contrary of Zoning By-law No. 87-57, only a restaurant, excluding a fast food restaurant, with a maximum of 45 seats for patrons, shall be permitted within the building existing on the day of the passing of this by-law. 2. Notwithstanding Section 25.1 or any other provision to the contrary of Zoning By-law No. 87-57, no enlargement or extension shall be permitted to the building existing on the day of the passing of this by- law. Regulations: 1. Notwithstanding any regulation to the contrary of Zoning By-Law No. 87-57, the building existing on the day of the passing of this by-law shall be deemed to comply with the provisions of this by- law. 2. Notwithstanding Section 7.14 (b) (ii) (I) of Zoning By-law No. 87- 57, a minimum of 7 parking spaces shall be provided and maintained on the lands zoned "VA-522" Zone and a minimum of 16 parking spaces shall be provided and maintained to the rear of the former Ancaster Town Hall building, municipally known as 300 Wilson Street East, for a restaurant on the lands zoned "VA- 522" Zone. 3. Notwithstanding Section 7.14 (a)(xvi) of Zoning By-Law No. 87- 57, a permanently maintained planting strip of a minimum width of 2.0 metres wide shall be provided and maintained along the Church Street streetline adjacent a parking area, and it shall be continuous except for aisles or driveways required for access to such parking area. APPENDIX A (196) 4. All other provisions of Zoning By-law No. 87-57, as applicable, shall continue to apply. RM2-524 Notwithstanding any provisions to the contrary of Subsection 15.2 - (05-179) Regulations of Section 15: Residential Multiple "RM2" Zone of Zoning By- law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "RM2-524": Regulations: (a) Minimum Lot Area 595 square metres of total parcel area per dwelling and 110 square metres per dwelling unit. (b) Minimum Lot Frontage 21 metres of total parcel frontage per dwelling, 4.5 metres per dwelling unit (Block 1) and 6 metres per dwelling unit (Block 2) except: (i) On a corner lot the minimum lot frontage for a dwelling end unit adjacent to Shaver Road shall be 6.2 metres. (ii) For a dwelling end unit which does not abut a flanking street the minimum lot frontage shall be 6.2 metres. (c) Minimum Lot Depth 20.6 metres (d) Maximum Lot Coverage 51 percent. (e) Minimum Front Yard 4.5 metres to the interior dwelling unit, 4.2 metres for a dwelling unit abutting a flankage street, 5.5 metres to the garage and 2.3 metres to the front step or unenclosed porch any applicable distance as specified in Schedule "C". (f) Minimum Side Yard 1.5 metres, except on an end unit adjacent to Shaver Road the minimum side yard from the Shaver Road allowance to the building face shall be 5.9 metres. (g) Maximum Height 11.7 metres. APPENDIX A (197) (h) Maximum Density 78 units. (i) Minimum Landscaping 26 percent of the lot area (including required privacy area). (j) Dwelling unit Placement Not more than eight dwelling units shall be attached in a continuous row and no offsetting or staggering of the units is required. (k) In addition, to the provisions of Definition 3.1 32, "Street" a private condominium road shall also be considered to be a highway for the purpose of creating lot frontage. (l) Privacy Screens: Notwithstanding Section 9 - General Provisions for Residential Zone, Subsection 9.5 (b) (c) and (d) the minimum distance from a privacy fence to the street line shall be 3 metres and there shall be no minimum distance from a privacy fence to the side and rear lot lines. (m) Planting Strip: Notwithstanding Section 7 - General Provision, Subsection 7.14 (xvi) where any parking space or maneuvering space abuts a street line, a landscaped area having a minimum average width of 3 metres, but not less than 1.5 metres in width, shall be provided and maintained along the entire street line(s) of the lot, except for the area used for ingress and egress. (n) All other provisions of Zoning By-law No. 87-57 as applicable to the Residential Multiple "RM2" Zone shall apply. R5-525 Notwithstanding any provisions to the contrary of Section 13.1, Permitted (05-240) Uses, Section 13.2, Regulations of Section 13: Residential "R5" Zone and Section 9, General Provisions for Residential Zones of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R5-525": Permitted Uses: Single Detached Dwelling Development Regulations: (a) Minimum Lot Frontage 11 metres, except on a corner lot the minimum lot frontage shall be 13.8 metres. APPENDIX A (198) (b) Maximum Lot Coverage 42.5% Notwithstanding the definition for Lot Coverage in Section 3.76, Lot Coverage shall not include enclosed and/or unenclosed porches in the front or flankage yard (c) Minimum Front Yard 4.5 metres to the dwelling, except 6 metres to an attached garage or attached carport. Notwithstanding Section 13.2(d), Schedule "C" requirements shall not apply. (d) Minimum Side Yards 1.2 metres, except on a corner lot, the minimum side yard abutting a street shall be 3.0 metres. Notwithstanding Section 13.2(d), Schedule "C" requirements shall not apply. (e) Yard Encroachments 1.5 metres for an unenclosed porch or open stairways that project into any minimum front or rear yard. (f) Decks Notwithstanding Section 9.1 0, the minimum rear yard setback for a deck over 1.2 metres in height and over 15 square metres in area shall be 4.5 metres. (13-194) (g) Holding Removal The Holding symbol "H" shall not be removed until the lands affected have merged with adjoining lands to the west under one ownership and the adjoining lands have been zoned Residential " R5-525" Zone . R5-525 Notwithstanding Section 13.1, of By-law 87-57, the following additional (13-182) use shall be permitted for the Residential "R5-525" Zone: Permitted Uses: APPENDIX A (199) (1) Permitted Uses - Stormwater Management Facilities. Development Regulations: (1) All applicable regulations of the Public Open Space "O2" Zone of Section 33.1 of Zoning By-law No. 87-57, the following special provisions shall apply. R5-526 Notwithstanding any provisions to the contrary of Section 13.1, (05-240) Permitted Uses and Section 13.2, Regulations of Section 13: Residential "R5" Zone of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R5-526": Permitted Uses: Semi-detached dwellings Regulations: (a) Maximum Lot Coverage 45% for one storey and back-split semi-detached dwellings and 42.5% for 2 storey semi-detached dwellings. (b) Minimum Front Yard 4.5 metres to the dwelling and 6 metres to a garage. Notwithstanding Section 13.2(d), Schedule "C" requirements shall not apply. (c) Minimum Side Yards 1.2 metres, except on a corner lot, the minimum side yard abutting a street shall be 3.0 metres. Notwithstanding Section 13.2(d), Schedule "C" requirements shall not apply. (d) Yard Encroachments 1.5 metres for an unenclosed porch or open stairways that project into any minimum front or rear yard and into any side yard not more than 45 centimetres. RM4-527-H Notwithstanding any provisions to the contrary of Section 1 7.2, APPENDIX A (200) (05-240) Regulations of Section 17: Residential Multiple "RM4" Zone of Bylaw No. (06-048) 87-57 (Ancaster), and Section 18.2, Regulations of Section 18: Residential Multiple "RM5" Zone, the following special provisions shall apply to the lands zoned "R5-527-H": Permitted Uses: Block Townhouses in accordance with Section 17.2 and Stacked Townhouses in accordance with Section 18.2. Regulations: (a) Maximum Density 50 units per hectare (b) Landscaped Strip A minimum 3.0 metre landscaped strip will be required to be located between a public street and an internal "window" road. (14-063) (c) Holding Removal The Holding Symbol "H" shall not be removed until the property is merged with the adjoining lands to the west under one ownership, also fronting onto Raymond Road and the adjoining lands to the west have been rezoned to the "RM4-527" Zone. O2-528 Notwithstanding any provisions to the contrary of Section 33.1, Permitted (05-240) Uses of Section 33: Public Open Space "O2" Zone of Bylaw No. 87-57 (Ancaster), the following special provision shall apply to the lands zoned "O2-528": Permitted Uses: Storm Water Management Pond Regulations: In accordance with Section 33.2 O2-529 Notwithstanding any provisions to the contrary of Section 33.1, Permitted (05-240) Uses of Section 33: Public Open Space "O2" Zone of Bylaw No. 87-57 (Ancaster), the following special provision shall apply to the lands zoned "O2-529": Permitted Uses: APPENDIX A (201) Conservation Lands Regulations: In accordance with Section 33.2 R1-531 Notwithstanding any provisions to the contrary of Subsection 11.1 - (05-055) Residential "R1" Zone of Zoning By-law No. 87-57 (Ancaster), the (06-353 following special provisions shall apply to the lands zoned "R1-531": OMB) Regulations: (a) Minimum Lot Frontage 4.0 metres (b) Building Setbacks (As per Schedule B) (i) Line A - 2.5 metres (ii) Line B - 6.0 metres (iii) Line C - 28.0 metres (iv) Line D - 2.5 metres (v) Line E - 9.65 metres (vi) Line F - 15.0 metres (vii) Line G - 6.325 metres (c) Maximum Floor Area for 650 square metres a Single-Detached Dwelling (and all accessory structures) (d) That all other provisions of Subsection 11.1.2 -Regulations of Section 11: Residential "R1" Zone shall apply. R1-532 Notwithstanding any provisions to the contrary of Subsection 11.1 - (05-055) Residential "R1" Zone of Zoning By-law No. 87-57 (Ancaster), the (06-353 following special provisions shall apply to the lands zoned "R1-532": OMB) Regulations: (a) Minimum Lot Frontage 17.0 metres APPENDIX A (202) (b) Dwelling Setbacks (i) minimum 30.0 metres from the lot line (ii) minimum 0.5 metres from the southerly side lot line, except for an attached garage where it shall be 6.0 metres. (c) That all other regulations of Subsection 11.1.2 - Regulations of Section 11: Residential "R1" Zone shall apply. R3-533 Notwithstanding any provisions to the contrary of Subsection 11.3.2 - (05-308) Regulations of Section 11.3: Residential "R3" Zone of Zoning Bylaw No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R3-533": Development Regulations: (1) Minimum Lot Frontage 15.2 metres (2) Minimum Rear Yard 9.0 metres for all buildings, structures, pools, sheds or any other accessory structure. RM4-534 In addition to the uses permitted in Subsection 17.1 "Permitted Uses" of (05-294) Section 17: Residential Multiple "RM4" Zone, a single detached dwelling may also be permitted in accordance with the provisions of Section 13: Residential "R5" Zone on those lands zoned "RM4-535". Notwithstanding the provisions of paragraphs (a) and (c) of Subsection 17.2 "Regulations" of Section 17, the following special provisions shall apply to block townhouse dwellings on those lands zoned "RM4-534" Development Regulations for Block Townhouses: (a) Minimum Lot Area 0.10 hectares (b) Minimum Lot Frontage 25.0 metres (08-076) In addition to the uses permitted in Subsection 17.1 "Permitted Uses" of Section 17: Residential Multiple "RM4" Zone, General Business/Professional Offices shall also be permitted only within the building existing on the date of the passing of this By-law, being the 9th day of April, 2008, including additions and modifications thereto. Notwithstanding the provisions of Paragraphs (g) and (j) of Subsection 17.2 Regulations" of Section 17, the following special provisions shall apply to General Business/Professional Offices on those lands zoned "RM4-534" APPENDIX A (203) Development Regulations: (a) Minimum Side Yard 3.5 metres (b) Minimum Rear Yard 7.5 metres (c) Planting Strip A planting strip having a minimum width of 3 metres shall be provided and maintained along all lot lines, except a minimum width of 2 metres shall be provided and maintained along the front lot line. RM4-535 In addition to the uses permitted in Subsection 17.1 "Permitted Uses" of (05-294) Section 17: Residential Multiple "RM4 Zone, a single detached dwelling may also be permitted in accordance with the provisions of Section 13: Residential "R5" Zone on those lands zoned "RM4-535". Notwithstanding the provisions of paragraphs (a) and (c) of Subsection 17.2 "Regulations" of Section 17, the following special provisions shall apply to block townhouse dwellings on those lands zoned "RM4-535" Development Regulations for Block Townhouses: (a) Minimum Lot Area 0.15 hectares (b) Minimum Lot Frontage 25.0 metres ER-536 Notwithstanding any provisions to the contrary of Subsections 7.1 4 (06-063) (a)(xv) and (a)(xvi) of Section 7: General Provisions, and of Subsection 10.1 - Permitted Uses of Section 10: Existing Residential "ER' Zone, of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "ER- 536": Additional Permitted Uses: An animal hospital with no outside runs and one dwelling unit shall be permitted only within the building existing at the date of the passing of this By-law. Parking: (1) Where a parking area which is required to provide for more than four vehicles on a lot abuts a lot containing a dwelling compromising one or two dwelling units, a permanently maintained planting strip of a minimum width of 1.5 metres shall be provided, and shall include fencing to provide a solid and effective screen; and, APPENDIX A (204) (2) Where a parking area which is required to provide for more than four vehicles on a lot abuts a street, a permanently maintained planting strip of a minimum width of 1.25 metres shall be provided along the street line, and it shall be continuous except for aisles or driveways required for access to such parking area." (3) No parking shall be permitted in any part of the rear yard. ER-538 Notwithstanding any provisions to the contrary of Subsection 10.2 - (05-335) Regulations of Section 10: Existing Residential Zone of Zoning Bylaw No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "ER-538": Development Regulations: (1) Minimum Lot Frontage 17.8 metres (2) that all other provisions of Subsection 10.2 - Regulations of Section 10: Existing Residential Zone shall apply. ER-539 Notwithstanding any provisions to the contrary of Subsection 10.2 (05-335) Regulations of Section 10: Existing Residential Zone of Zoning Bylaw No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "ER-539": Development Regulations: (1) Minimum Lot Frontage 6.0 metres (2) Building Setbacks (a) minimum 3.5 metres from westerly lot line being the rear lot line of 121 Fiddler's Green Road (b) minimum 1.5 metres from northerly lot line (c) minimum 7.5 metres from easterly rear lot line (d) minimum 1.5 metres from southerly side lot line (3) that all other provisions of Subsection 10.2 - Regulations of Section 10: Existing Residential Zone shall apply. ER-540 Notwithstanding any provisions to the contrary of Subsection 10.2 - APPENDIX A (205) (05-335) Regulations of Section 10: Existing Residential Zone of Zoning Bylaw No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "ER-540": Development Regulations: (1) Minimum Lot Frontage 6.0 metres (2) Building Setbacks (a) minimum 3.5 metres from westerly side lot line (b) minimum 1.5 metres from northerly lot line (c) minimum 7.5 metres from easterly rear lot line (d) minimum 7.5 metres from southerly side lot line (3) Planting Strip Minimum 1.5 metres wide along southerly side lot line (4) Fence Wood privacy fence a minimum 1.8 metres and a maximum 2.2 metres in height to be provided and maintained along the southerly lot line abutting the property at 25 Douglas Road (5) that all other provisions of Subsection 10.2 - Regulations of Section 10: Existing Residential Zone shall apply. R2-541-H (A) Notwithstanding Section 7.1 4(b)(i)(A): Parking and Loading, (05-351) Required Parking Spaces, Residential and Section 11 : Residential (06-071) "RI", "R2" AND "R3" Zones of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R2-541- H": Permitted Uses: Single detached dwellings, and uses, buildings, and structures accessory thereto. Development Regulations: (a) Minimum Lot Area 5,600 square metres. (b) Minimum Lot Frontage 33 metres. APPENDIX A (206) (c) Maximum Number of Dwelling Units 12 dwelling units. (d) Maximum Lot Coverage 25 percent. (e) Minimum Front Yard Minimum 8.0 metres (f) Minimum Side Yard and Rear Yard Minimum 8.5 metres between the rear facade of a dwelling and the easterly lot line, and 7.5 metres between the rear façade of a dwelling and all other side and rear lot lines, and 3.0 metres in all other cases. (g) Maximum Height 8.4 metres, maximum 2 storeys (h) Planting Strip A minimum 2.0 metre wide planting strip shall be provided and maintained along all side and rear lot lines, except a planting strip having a minimum width of 1.7 metres shall be provided and maintained along the westerly lot line within 46.5 metres of Wilson Street West, and a planting strip having a minimum width of 1.9 metres shall be provided and maintained between a turnaround for a visitor parking area and a lot line. (i) Minimum Parking 4 parking spaces per dwelling unit and 6 visitor parking spaces. (07-258) (B) The 'H' symbol may be removed conditional upon an archaeological assessment being granted final approval by the Ministry of Culture. Upon removal of the 'H' symbol, the lands may be used in accordance with the "R2-541" provisions above. O1-543 Notwithstanding any provisions to the contrary of Subsection 32.1 - APPENDIX A (207) (06-033) Permitted Uses of Section 32: Private Open Space "01" Zone, of Zoning By- law No. 87-57 (Ancaster), the following special provision shall apply to the lands zoned "01-543": Permitted Uses: Only conservation uses shall be permitted. 02-544 Notwithstanding any provisions to the contrary of Subsection 32.1 - (06-033) Permitted Uses of Section 32: Private Open Space "01" Zone, of Zoning By- law No. 87-57 (Ancaster), the following special provision shall apply to the lands zoned "02-544": Permitted Uses: Only outdoor amenity area to a single-detached dwelling on lands zoned "R2-545" Zone shall be permitted. No buildings, structures or swimming pools, except for a tennis court, shall be permitted. R2-545 Notwithstanding any provisions to the contrary of Subsection 11.2.2 - (06-033) Regulations of Section 11 : Residential "R1", "R2" and "R3" Zones, of Zoning By-law No. 87-57 (Ancaster), the following special provision shall apply to the lands zoned "R2-545": Regulations: (1) No building or structure including swimming pools, shall be located within 7.62 metres from the westerly lot line abutting the "01-544" Zone." (2) No fencing shall be permitted except around a swimming pool. A-546 Notwithstanding any provisions to the contrary of Section 8, Agricultural (06-160) "A Zone of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "A-546": Permitted Uses: In addition to the uses in Section 8.1, a kennel shall be permitted only in conjunction with an agricultural use. Development Regulations: (a) Minimum Parking 1 parking space per every 10 dogs boarded or kept (b) Maximum Number 12 of Runs APPENDIX A (208) (c) Minimum Setback 24 metres from any Property Line for Dog Runs (d) Fencing (i) A minimum 1.8 metre high barrier shall be provided and maintained at the entrance to an outdoor kennel compound and between any location in which the compound and where it faces an abutting property. R4-548 That notwithstanding the provisions of paragraphs (a), (c), (d) and (e)(ii) (06-168) of Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone, (07-056) and Schedule "C", the following special provisions shall apply to the lands (07-057) zoned "R4-548": (07-058) Regulations: (a) Minimum Lot Area370 square metres, except for a corner lot, where the minimum lot area shall be 500 square metres. (b) Maximum Lot Coverage 45% (c) Minimum Front Yard 3.0 metres to the dwelling and 6.0 metres to a garage shall be provided. (d) Minimum Side Yard On a corner lot, the minimum side yard abutting a street shall be 3.0 metres. R4-548-H The 'H' Holding prefix shall be lifted from the "H-R4-548" Zone once the (11-255) following conditions have been completed: (16-185) Removal of Holding Provision: (18-224) i) That the lands are assembled in association with lands to the north by way of a plan of subdivision, to the satisfaction of the Director of Planning; ii) That arrangements for the installation of roads, sanitary and storm sewers, curbs and gutters have been properly made, to the satisfaction of the Manager of Engineering Design and Construction. R4-549 That notwithstanding the provisions of paragraphs (b), (c), and (d) of (06-168) APPENDIX A (209) Regulations: (a) Minimum Lot Frontage 15 metres. (b) Maximum Lot Coverage 45 percent. (c) Minimum Front Yard 6.0 metres. (d) The minimum setback from a rear lot line for a deck existing on the day of the passing of this By-law, being the 14th day of June , 2006, shall be 3.5 metres. R4-550 That notwithstanding any provisions to the contrary of Subsection 12.2 (06-206) Residential "R4" Zone of Zoning By-law No. 87-57 (Ancaster), the following special provision shall apply to the lands zoned "R4-550": Regulations: (a) Minimum Rear Yard 4.90 metres C2-551 Notwithstanding Regulations 1, 3, 4, 5, 6, 9, and 12 of Table 2: (08-062) Regulations of Subsection 22.2, Regulations, of Section 22: NEIGHBOURHOOD COMMERCIAL "C1" ZONE, SHOPPING CENTRE COMMERCIAL "C2" ZONE, GENERAL COMMERCIAL "C3" ZONE, URBAN COMMERCIAL "C4" ZONE, RURAL COMMERCIAL "C5" ZONE AND VILLAGE AREA "VA" ZONE (Certain Uses Only) of Zoning By-law No. 87-57, on those lands Zoned "C2-551" the following provisions shall apply: Regulations: (a) Minimum Lot Area 11,196m2 (b) Minimum Lot Depth 44 metres (c) Maximum Lot Coverage 60 percent (d) Minimum Front Yard Setback 15 metres except 5 metres to a canopy, 1.5 metres to a Below-grade Parking Structure, and 1.5 metres to an Above-grade Parking Structure (e) Minimum Side Yard Setback 1.5 metres, except 1.5metres to a Below-grade Parking Structure, and 6.5 metres to an Above-grade Parking Structure (f) Minimum Rear Yard Setback 1.5metres, except 0.3 metres to a APPENDIX A (210) Below-grade Parking Structure, and 0.9 metres to an Above-grade Parking Structure (g) Maximum Height 22.0 metres and 6-storeys (h) Notwithstanding Regulations (A), (G) and (I) of Subsection 7.14 Parking and Loading, (b) Required Parking Spaces, (ii) Commercial Uses of Zoning By-law No. 87-57, a minimum of 301 parking spaces shall be provided and maintained for a Hotel containing a maximum 113 units and Offices with a maximum gross floor area of 7,397 square metres. (i) Notwithstanding Regulation (ix) 3 of Subsection 7.14 Parking and Loading, (a) General Provisions of Zoning Bylaw No. 87-57, no parking space shall be located closer to a street line or a lot line not abutting a street than 0.3 metres. (j) Regulations (vii), (viii), and (xvi) of Subsection 7.1 4 Parking and Loading, (a) General Provisions of Zoning By-law No. 87-57, shall not apply P-552 That notwithstanding any provisions to the contrary of Subsection 31.2 (06-322) Regulations of Section 31 : Public "P" Zone of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "P-552": Regulations: (a) Minimum Yard No building or structure shall be Requirements used or erected within 2.7 metres of the southerly and easterly lot lines, 9 metres from the westerly lot line and 9.5 metres from the northerly lot line. (b) All other provisions of Zoning By-law No. 87-57 as applicable to the Public "P" Zone shall apply. APPENDIX A (211) R4-553 That notwithstanding any provisions to the contrary of Subsection 12.2 (07-047) Regulations of Section 12: Residential "R4" Zone of Zoning By-law No. 87- 57 (Ancaster), the following special provisions shall apply to the lands zoned "R4-553": Development Regulations: (a) Minimum Lot Area 360 square metres (b) Maximum Lot Coverage 45% (c) Minimum Front Yard 6.0 metres (d) Minimum Side Yard 1.2 metres, except on a corner lot, the minimum side yard abutting a street shall be 4.5 metres except 6.0 metres to an attached garage or attached carport. (e) All other provisions of Zoning By-law No. 87-57 as applicable to the Residential "R4" Zone shall apply. R4-555 That notwithstanding the provisions of paragraphs (b), (c), (d), and (f) of (07-057) Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone, paragraph (a) of Section 9.10 of Section 9: General Provisions for Residential Zones, and Schedule "C" the following special provisions shall apply to the lands zoned "R4-555": Regulations: (a) Minimum Lot Frontage 15 metres (b) Maximum Lot Coverage 45% (c) Minimum Front Yard 6.0 metres (d) The minimum setback from a rear lot line for a dwelling existing on the day of the passing of this By-law, being the day of , 2007, shall be 7.4 metres. (e) The minimum setback from a rear lot line for a deck existing on the day of the passing of this By-law, being the 28th day of February, 2007, shall be 2.4 metres. APPENDIX A (212) R4-557 That notwithstanding the provisions of paragraphs (b), (c), and (d) of (07-056) Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone and (07-058) Schedule "C", the following special provisions shall apply to the lands zoned "R4-557": Regulations: (a) Minimum Lot Frontage 15 metres. (b) Maximum Lot Coverage 45% (c) Minimum Front Yard 6.0 metres. R4-558 Notwithstanding the provisions of Subsection 12.2 - Regulations of (07-219) Section 12: Residential "R4" Zone of Zoning By-law No. 87-57 (Ancaster), the following special provision shall apply to the lands zoned "R4-558": Regulations: Minimum Lot Area 385m2, except on a corner lot, the minimum lot area shall be 500m2 R4-562 That notwithstanding the provisions of paragraphs (a), (b), (c), (d) and (07-265 (e)(ii) of Subsection 12.2 "Regulations" of Section 12: Residential "R4" OMB Order) Zone, Schedule "C", and the Provisions of Section 7.12, "Yard (07-329) Encroachments", the following special provisions shall apply to the lands (16-185) zoned "R4-562": Regulations (a) Minimum Lot Area 415 square metres. (b) Minimum Lot Frontage 12 metres, except on a comer lot the minimum lot frontage shall be 15 metres. (c) Maximum Lot Coverage 45 percent. (d) Minimum Front Yard 6.0 metres. (e) Minimum Side Yard On a comer lot, the minimum side yard abutting a street shall be 3.0 metres. (f) An alcove and similar architectural features shall be permitted to project into any minimum yard a distance of not· more than 60 centimetres. APPENDIX A (213) R4-563 That notwithstanding the provisions of paragraphs (a), (b), (c), (d) and (07-265 (e)(ii) of Subsection 12.2 "Regulations" of Section 12: Residential "R4" OMB Order) Zone, Schedule "C", and the Provisions of Section 7.12, "Yard (07-329) Encroachments", the following special provisions shall apply to the lands (16-185) zoned "R4-563": Regulations: (g) Minimum Lot Area 375 square metres. (h) Minimum Lot Frontage 12 metres, except on a comer lot the minimum lot frontage shall be 15 metres. (i) Maximum Lot Coverage 45 percent. (j) Minimum Front Yard 3.0 metres to the dwelling and 6.0 metres to a garage shall be provided. (k) Minimum Side Yard On a comer lot, the minimum side yard abutting a street shall .be 3.0 metres. (l) An alcove and similar architectural features shall be permitted to project into any minimum yard a distance of not· more than 60 centimetres. ER-565 Notwithstanding any provisions to the contrary of Subsection 10.2 - (07-209) Regulations of Section 10: Existing Residential "ER" Zone of Zoning By- law No. 87-57 (Ancaster) the following special provisions shall apply to the lands zoned "ER-565": Development Regulations: (a) Minimum Lot Frontage 6.0 metres (b) Minimum Rear Yard 1.5 metres, except 7.5 metres from the southerly rear lot line (c) All other provisions of Subsection 10.2 - Regulations of Section 10: Existing Residential "ER" Zone shall apply. ER-566 Notwithstanding any provisions to the contrary of Subsection 10.2 - (07-209) Regulations of Section 10: Existing Residential "ER" Zone of Zoning By- law No. 87-57 (Ancaster) the following special provisions shall apply to the lands zoned "ER-566": APPENDIX A (214) Development Regulations: (a) Minimum Lot Frontage 6.0 metres (b) Minimum Rear Yard 1.5 metres, except 7.5 metres from the southerly rear lot line (c) Minimum Planting Strip (i) 1.5 metres wide, along the entirely northerly lot line being the side lot line (ii) 1.5 metres side, along the entirely westerly lot line being the rear lot line (d) All other provisions of Subsection 10.2 - Regulations of Section 10: Existing Residential "ER" Zone shall apply. RM4-567 Notwithstanding the provisions of Section 17 in its entirety and Section (08-016) 7.14 (a)(i),(ix)l and 4,(xvi), (b)(i) and Section 9.10(a) of By-law No. 87-57 (Ancaster), the following uses and special provisions shall apply to the lands zoned RM4-567": Permitted Uses: - Only Single Detached Dwellings along a 6.0 metre Private Condominium road - A Storm Water Management Pond, outfall structure and access road Development Regulations: (a) Minimum Lot Area 2 hectares (b) Maximum Density 16 units per hectare (c) Minimum Lot Frontage 180 metres along Stonehenge Drive (d) Minimum Lot Depth 240 metres along Kitty Murray Lane (e) Maximum Lot Coverage 30% (f) Minimum Setback from 13 metres Stonehenge Drive (g) Minimum Setback from 3.5 metres from side elevation 7.5m Kitty Murray Lane from rear elevation APPENDIX A (215) (h) Minimum Setback from 19 metres the hypotenuse of the daylight triangle at the corner of Kitty Murray Lane and Stonehenge Drive (i) Minimum Setback from 7.5 metres Development Limit (j) Maximum Height 10.5 metres (k) Minimum Landscaping 45% (l) Parking 2 spaces per dwelling, plus 0.5 spaces per dwelling for visitors, and except as otherwise stated, the provisions of Section 7.14 shall apply (m) Minimum Setback from a Condominium Road 4.0 metres, except 6.0 metres to front face of garage 2.4 metres to an unenclosed porch 3.0 metres to a deck (n) Minimum Separation 2.4 metres between Dwellings (o) Fencing Perimeter fencing of maximum height of 1.8m APPENDIX A (216) (p) Decks Decks shall be permitted in any yard subject to the following setbacks: 3.75 metre setback from Kitty Murray Lane lot line 3.75 metres setback from the Development Limit 9.25 metres from the Stonehenge Drive lot line (q) Accessory Buildings The provisions of Subsection 7.18(a) shall apply. (r) For the purpose of this Zoning By-law, the Development Limit is shown on Schedule 'A', attached hereto. R3-567 Notwithstanding any provisions to the contrary of Subsection 11.3, (08-196) Residential "R3 Zone, the following uses and special provisions shall apply to the lands zoned "R3-567": Permitted Uses: Dwelling unit A business and professional office only within the main floor of the building existing on the date of the passing of this By-law, being the 7th day of August, 2008. Development Regulations: (a) Parking Business and Professional Office - 1 parking space for every 31 square metres of ground floor area. Residential Unit - 2 parking spaces for a single detached dwelling or a dwelling unit. (b) Landscaping A minimum 3.0m wide landscaping strip shall be provided and maintained between the boundary of the parking area and the southerly lot line. A minimum 0.8m wide landscaping strip shall be provided and maintained along and the northerly lot line. APPENDIX A (217) (c) Gravel Surface Notwithstanding Section 7.14 (xiii), of Zoning By-law 87-57, parking spaces and a driveway, consisting of gravel or crushed stone, shall be permitted for the accommodation of a maximum of 4 parking spaces in the front yard, and shall be maintained in a dust-free condition. Where 5 or more parking spaces are provided in the front yard, the requirements of Section 7.1 4 (xiii) shall apply. RM6-570-H Notwithstanding the provisions of Section 19.2 (b), (c), (d), (f), (h), (i), (j), (08-060) (k), and (l), Section 3.109, Section 7.12 (c), Section 7.14 a)(xv) and b)(i)(C) of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "RM6-570": Development Regulations: (b) Maximum Lot Area 1.7 hectares (c) Maximum Density 105 dwelling units per hectare (d) Minimum Front Yard 9 metres (f) Maximum Lot Coverage 35 percent (h) Minimum Side Yard 4.0 metres, including a 1.0 metre planting strip Minimum Rear Yard 3.0 metres, including a 1.0 metre planting strip (k) Maximum Height 4 ½ storeys and 17 metres, except 3 ½ storeys and 14 metres within 40 metres of the Garner Road West frontage (l) Minimum Landscaping 32 percent Section Planting For the purposes of this By-law, a Planting Strip shall 3.109 Strip also include fencing to provide a solid and effective screen (except within a required front yard setback), and/or a retaining wall and curbing. Section Balconies or open stairways are permitted to 7.12 encroach into any minimum front or side yard a APPENDIX A (218) distance of not more than 2.0 metres. Section Where a parking area which is required to provide 7.14 a)(xv) for more than four vehicles abuts a lot containing a dwelling comprising of one or two dwelling units, a permanently maintained planting strip of a minimum width of 1 metre shall be provided and shall include fencing to provide a solid and effective screen (except within a required front yard setback). Section 7.14b)(i)(C) Parking 2.1 spaces per dwelling unit, including visitor parking, and except as otherwise stated, the provisions of Section 7.14 shall apply That the 'H' symbol shall only be removed conditional upon: (a) The owner conducting an archaeological assessment of the entire development property and mitigating, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found, to the satisfaction of the Ministry of Culture, and the City of Hamilton, Director, Planning Division. (b) The owner investigating the noise levels on the site and determining 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, Planning Division. (c) The owner submitting a signed Record of Site Condition (RSC) to the City of Hamilton and the Ministry of the Environment (MOE). The RSC must be to the satisfaction of the City of Hamilton, Director, Planning Division, including an acknowledgment of receipt of the RSC by the MOE, and submission of the City of Hamilton's current administration fee. (d) The owner entering into a Development Agreement with the City of Hamilton for the extension of the sanitary sewer at the intersection of Shaver Road and Garner Road West, to the east limit of the lands, to the satisfaction of the City of Hamilton, Director, Development Engineering. (e) The owner paying their fair share for the existing sanitary sewer constructed within the intersection of Garner Road West and Shaver APPENDIX A (219) Road, based on as-constructed costs, to the satisfaction of the City of Hamilton, Director, Development Engineering. (f) The owner dedicating to the City by deed, sufficient lands for road allowance widening purposes to establish the property line 18.29m (60 ft) from the centreline of the Garner Road West allowance, to the satisfaction of the City of Hamilton, Director, Development Engineering. (g) The owner entering into a Development Agreement to allow the temporary connection and provide for future re-routing of the sanitary sewer, to the satisfaction of the City of Hamilton, Director, Development Engineering. (h) The owner verifying the sightlines from all driveways to Garner Road West, looking easterly, to the satisfaction of the City of Hamilton, Manager of Traffic. If acceptable sightlines are not available given the existing road profile, then road elevation modifications may be required at the expense of the applicant. R4-572 Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e) and (f) of (08-147) Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "R4-572": Regulations: (a) Minimum Lot Area 280 square metres, except on a corner lot the minimum lot area shall be 320 square metres. (b) Minimum Lot Frontage 10.9 metres, except on a comer lot the minimum lot frontage shall be 12.7 metres. (c) Maximum Lot Coverage 55 percent. (d) Minimum Front Yard 3.0 metres to the dwelling and 5.8 metres to an attached garage shall be provided. (e) Minimum Side Yard 1.2 metres, except 0.6 metres on the side with an attached garage, and on a comer lot the minimum side yard abutting a street shall be 3.0 metres. APPENDIX A (220) (f) Minimum Rear Yard 7.0 metres. (g) An unenclosed porch is permitted to encroach 2.0 metres into a required front yard and 2.0 metres into a required flankage yard, and the steps of a porch are permitted to encroach 0.6 metres in addition to the porch encroachment. (h) A chimney, belt courses, sills, cornices, chimney breasts, decorative brick facing, pilasters, alcoves, windows, fireplaces, or other architectural features, with or without foundations, are permitted to encroach 0.6 metres into a required yard, to a maximum of half the required yard. (i) Bay windows and other types of windows, with or without foundations, are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. (j) Balconies are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. R4-573 Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e) and (f) of (08-147) Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "R4-573": Regulations: All special regulations of the Residential "R4-572" Zone shall apply except that: (a) For a lot abutting 20 Roelfson Drive to the east, a minimum lot frontage of 13.7 metres, minimum front yard setback of 5 metres and 5.8 metres to an attached garage, and minimum westerly side yard setback of 1.2 metres shall be provided. (b) For a lot abutting a lot for which the special exemption in Subsection (a) above would apply, a minimum front yard setback of 4 metres and 5.8 metres to an attached garage shall be provided. (c) Except as provided for in Subsection (a) above, a minimum lot frontage of 13.1 metres shall be provided. R4-574 Notwithstanding the provisions of Paragraph (d) of Subsection 12.2 (08-147) "Regulations" of Section 12: Residential "R4" Zone and Schedule "C", the following special provision shall apply to the lands zoned "R4-574": APPENDIX A (221) (a) Minimum Front Yard 10.0 metres. RM2-575 Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (g) (08-147) and (h) of Subsection 15.2 "Regulations" of Section 15: Residential Multiple "RM2" Zone, Schedule "C", Definitions 3.49, 3.83, 3.84, 3.86 and 3.132, and the Provisions of Section 7.11 (a), "Maximum Building Height", Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "RM2-575": Regulations: (a) Minimum Lot Area 120 square metres for a lot abutting Garner Road East and 140 square metres for all other lots. (b) Minimum Lot Frontage 5.5 metres on a condominium road. (c) Minimum Lot Depth 20 metres for a lot abutting Garner Road East and 25 metres for all other lots. (d) Maximum Lot Coverage 55 percent. (e) Minimum Front Yard 0.6 metres from a condominium road for a lot abutting Garner Road East and 4.5 metres from a condominium road and 5.8 metres from a condominium road for an attached garage for all other lots. (f) Minimum Side Yard 2.2 metres. (g) Minimum Rear Yard 4.5 metres for a lot abutting Gamer Road East and 7.0 metres for all other lots. (h) Maximum height 13 metres. (i) Notwithstanding any provisions or definitions to the contrary, legal frontage for a street townhouse shall be permitted on a common element condominium road. (j) For the purpose of this By-law, lot frontage and/or the front lot line for a lot abutting Garner Road East shall be the condominium road. (k) For the purpose of this By-law, the westerly lot line abutting the property located at 605 Garner Road East and/or 509 Southcote Road shall be considered a rear lot line, and all other lot lines (excluding the APPENDIX A (222) front lot line) shall be considered side lot lines for a lot not abutting Garner Road East. (l) A balcony, and unenclosed porch and stairs on a lot that does not abut Garner Road East is permitted to encroach 3.6 metres into a required front yard. A balcony, and unenclosed porch and stairs on a lot that abuts Garner Road East, is permitted to encroach 1.5 metres into a required rear yard. (m) All other yard encroachments are subject to Subsection 7.12 of Zoning By-law No. 87-57. A minimum of 10 visitor parking spaces within a condominium driveway shall be provided and maintained. R4-577 Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e) and (f) of (08-147) Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "R4-577": Regulations: All special regulations of the Residential "R4-572" Zone shall apply except that: (a) A minimum lot frontage of 13.1 metres shall be provided. ER-578 Notwithstanding the provisions of Subsection 1 0.1, "Permitted Uses" of (08-241) Section 1 0: Existing Residential "ER" Zone, a semi-detached dwelling and uses, buildings, and structures accessory thereto shall also be permitted, in accordance with Subsection 13.2 "Regulations" of Section 13: Residential "R5" Zone. VA-579-H Notwithstanding the provisions of Paragraph (d) of Subsection 25.2 (08-265) Regulations for Uses Permitted in Clause (a) of Subsection 25.1" and the provisions of paragraph (d) of Subsection 7.12 "Yard Encroachments" and Paragraph (a)(viii); and (b)(ii)(A) of Subsection 7.14 "Parking and Loading" of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "H-VA-579": Development Regulations: (a) Minimum Rear Yard 1.0 metres (b) Unenclosed porches which are part of a commercial building may project not more than 0.5 metres into the required rear yard. (c) Minimum Required 1 space for each 30 square metres of APPENDIX A (223) Parking Spaces floor area or 4 spaces, whichever is greater. (d) Any below-grade communal parking structure shall require a minimum rear yard and side yard setback of 1.0 metre, and shall be located no closer to any street line than the principal building. The 'H' symbol shall only be removed conditional upon: (i) That final approval of Committee of Adjustment Applications AN/B- 08:134 and AN/B-08:135 be received, to the satisfaction of the Director of Planning, City of Hamilton. City Council may remove the 'H' symbol and, thereby give effect to the Village Area "VA-579" Zone, by enactment of an amending By- law once the above condition has been satisfied. R1-582 That notwithstanding the provisions of Paragraphs 11.1,1 and 111.1.2, of (OMB - Subsection 11.1 "Residential R1 Zone" of Section 11: Residential "RI", 12-294) "R2" and 'R3" Zones, and the provisions of Paragraph 7.12 b) of Subsection 7.12 Yard Encroachments and 7.14 a), iv), vii) and xvi) of Subsection 7.14 Parking and Loading of Section 7: General Provisions, are hereby modified to include the following special provisions for the property at 1194 Scenic Drive: a) A Child Care Centre for 35 children or less and three (3) classrooms within the detached dwelling legally existing on the date of the passing of this By-law. b) Front Yard Setback (minimum): 5.5 metres. c) Southerly Side Yard Setback (minimum) 1.5 metres. d) Rear Yard Selback (minimum): 7.5 metres, except for 0.06 metres for the detached dwelling existing on the date of the passing of the By- law. e) Height: 10.7 metres. f) Eaves projection into minimum rear 1.5 metres, yard (maximum): except for the detached dwelling existing on the dale of the passing of the By-taw, APPENDIX A (224) the eaves may project into the minimum rear yard a distance of not more than 0.06 metres. g) Tandem Parking Spaces (maximum): 5 spates, 1 of which shall be for the residential use. h) Parking spaces in the Fronl. Yard (maximum): 6 spaces. i) All tither uses in Section 11,1.1 shall be permitted. j) All other provisions of Section 11.1.1 Permitted Uses, 11,1,2 Regulations, Section 7.12 Yard Encroachments, and Section 7.14 Parking and Loading, shall continue to apply. M6-586 Notwithstanding the provisions of Subsection 28.2 - Permitted uses of (09-092) Section 28: Extractive Industrial "M6" Zone of Zoning By-law No. 87-57 (Ancaster) the following additional uses shall also be permitted: (i) The Transportation Depot and Truck Terminal existing on the date of passing of this by-law being the 13 day of May, 2009; and, (ii) The operations and equipment storage of an excavation contractor and uses, buildings and structures accessory thereto. All other provisions of the Extractive Industrial "M6" Zone shall continue to apply. RM6-587 Notwithstanding the provisions of Subsection 19.2 "Regulations" and the (09-141) provisions of Paragraph (c) of Subsection 7 .12 "Yard Encroachments"; and Subsection 7.14 "Parking and Loading" of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "RM6-587": Development Regulations: (a) Minimum Lot Area 0.15 ha (b) Maximum Density 24 units (c) Minimum Lot Depth 38.0 metres (d) Minimum Side Yard 3.0 metres, except an open stairway may project into any minimum side yard a distance of not more than 1.5 metres. APPENDIX A (225) (e) Minimum Rear Yard 8.0 metres (f) A Children's Outside Play Area shall not be required. (g) Maximum Building Height 13.3 metres, and shall not exceed 3 storeys (h) Parking 1.25 spaces per unit (i) Above-Grade Communal Any above-grade communal parking Parking Structure structure shall provide a minimum rear yard setback of 0.3 metres, and minimum side yard setback of 1.3 metres. (j) Below-Grade Communal Any below-grade communal parking Parking Structure structure shall provide a minimum rear yard setback of 0.3 metres, and a minimum side yard setback of 1.3 metres. (k) All other provisions of the Residential Multiple "RM6" Zone shall continue to apply. R4-589 Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), and (f) (09-162) of Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "R4-589": Regulations: (a) Minimum Lot Area 280 square metres, except on a corner lot the minimum lot area shall be 320 square metres. (b) Minimum Lot Frontage 10.9 metres, except on a corner lot the minimum lot frontage shall be 12.7 metres. (c) Maximum Lot Coverage 55 percent. (d) Minimum Front Yard 3.0 metres to the dwelling and 5.8 metres to an attached garage shall be provided. For attached staggered double car APPENDIX A (226) garages on a lot having a minimum frontage of 10.9 metres, one attached garage shall have a minimum front yard of 2.5 metres and the other shall have a minimum front yard of 5.8 metres. (e) Minimum Side Yard 1.2 metres, except 0.6 metres on the side with an attached garage and on a comer lot the minimum side yard abutting a street shall be 3.0 metres. (f) Minimum Rear Yard 7.0 metres. (g) An unenclosed porch is permitted to encroach 2.0 metres into a required front yard and 2.0 metres into a required flankage yard, and the steps of a porch are permitted to encroach 0.6 metres in addition to the porch encroachment. (h) A chimney, belt courses, sills, cornices, chimney breasts, decorative brick facing, pilasters, alcoves, windows, fireplaces, or other architectural features, with or without foundations, are permitted to encroach 0.6 metres into a required yard, to a maximum of half the required yard. (i) Bay windows and other types of windows, with or without foundations, are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. (j) Balconies are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. R4-590 Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), and (f) (09-162) of Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments",and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "R4-590": Regulations: All special regulations of the Residential "R4-589" Zone shall apply except that: (a) For a lot abutting 20 Roelfson Drive to the east, a minimum lot frontage of 13.7 metres, a minimum front yard setback of 5 metres and 5.8 metres to an attached garage, and a minimum westerly side yard setback of 1.2 metres shall be provided. (b) For a lot abutting a lot for which the special exemption in Subsection APPENDIX A (227) (a), above would apply, a minimum front yard setback of 4 metres and 5.8 metres to an attached garage shall be provided. (c) Except as provided for in Subsection (a) above, a minimum lot frontage of 13.1 metres shall be provided. R4-591 That notwithstanding the provisions of Paragraphs (d) of Subsection 12.2 (09-162) "Regulations" of Section 12: Residential "R4" Zone and Schedule "C", the following special provision shall apply to the lands zoned "R4-591": (a) Minimum Front Yard 1 0.0 metres. R4-592 Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), and (f) (09-162) of Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "R4-592": Regulations: (a) Minimum Lot Area 230 square metres, except on a corner lot the minimum lot area shall be 270 square metres. (b) Minimum Lot Frontage 9.0 metres, except on a corner lot the minimum lot frontage shall be 10.8 metres, provided that a maximum of 68 lots with a frontage of less than 10.5m shall be permitted. (c) Maximum Lot Coverage 55 percent. (d) Minimum Front Yard 3.0 metres to the dwelling and 5.8 metres to an attached garage shall be provided. For attached staggered double car garages on a lot having a minimum frontage of 10.9 metres one attached garage shall have a minimum front yard of 2.5 metres and the other attached garage shall have a minimum front yard of 5.8m. (e) Minimum Side Yard 1.2 metres, except 0.6 metres on the side with an attached garage, and on a comer lot the minimum side yard abutting a street shall be 3.0 metres. APPENDIX A (228) (f) Minimum Rear Yard 7.0 metres. (g) Minimum Landscaping 30 percent of the front yard (except on a comer lot) (h) An unenclosed porch is permitted to encroach 2.0 metres into a required front yard and 2.0 metres into a required flankage yard, and the steps of a porch are permitted to encroach 0.6 metres in addition to the porch encroachment. (i) A chimney, belt courses, sills, cornices, chimney breasts, decorative brick facing, pilasters, alcoves, windows, fireplaces, or other architectural features, with or without foundations, are permitted to encroach 0.6 metres into a required yard, to a maximum of half the required yard. (j) Bay windows and other types of windows, with or without foundations, are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. (k) Balconies are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. RM2-593 That notwithstanding the provisions of Subsection 15.1, and Paragraphs (09-162) (a), (b), (c), (d), (e), (f), (g), and (h) of Subsection 15.2 "Regulations" of Section 15: Residential Multiple "RM2" Zone, Schedule "C", Definitions 3.49,3.83,3.84,3.86 and 3.132, and the Provisions of Section 7.11 (a), "Maximum Building Height", Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "RM2-593": Regulations: (a) Minimum Lot Area 136 square metres. (b) Minimum Lot Frontage 5.5 metres on a condominium road. (c) Minimum Lot Depth 24 metres. (d) Maximum Lot Coverage 55 percent. (e) Minimum Front Yard 3.0 metres and 5.8 metres from a condominium road for an attached garage. (f) Minimum Side Yard 1.5 metres for a dwelling end unit not abutting a flanking street, and for APPENDIX A (229) a dwelling end unit abutting a flanking street the minimum side yard shall be 2.5 metres. (g) Minimum Rear Yard 7.0 metres. (h) Maximum Height 13 metres. (i) Minimum landscaping 30%. (j) Planting Strip N/A. (k) Notwithstanding any provisions or definitions to the contrary, legal frontage for a street townhouse shall be permitted on a common element condominium road. (l) An unenclosed porch is permitted to encroach 2.0 metres into a required front yard and 2.0 metres into a required flankage yard, and the steps of a porch are permitted to encroach 0.6 metres in addition to the porch encroachment. (m) Bay windows and other types of windows, with or without foundations, are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. (n) Balconies are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. All other yard encroachments are subject to Subsection 7.12 of Zoning By-law No. 87-57. (o) A minimum of 12 visitor parking spaces or 0.23 visitor parking spaces per unit, whichever is the greater, within a condominium driveway shall be provided and maintained. RM2-594 That notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (09-162) (g), (h) (i) and U) of Subsection 15.2 "Regulations" of Section 15: Residential Multiple "RM2" Zone, Schedule "C", Definitions 3.49, 3.83,3.84,3.86 and 3.132, and the Provisions of Section 7.11(a), "Maximum Building Height", Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "RM2-594": Regulations: (a) Minimum Lot Area 130 square metres for an interior lot and 180 metres for a flankage lot. APPENDIX A (230) (b) Minimum Lot Frontage 5.5 metres. (c) Minimum Lot Depth 24.0 metres. (d) Maximum Lot Coverage N/A. (e) Minimum Front Yard 3.0 metres to the dwelling and 5.8 metres to an attached garage shall be provided. (f) Minimum Side Yard 1.2 metres for a dwelling end unit which does not abut a flanking street, and for a dwelling end unit abutting a flanking street the minimum side yard shall be 3.0 metres. (g) Minimum Rear Yard 7.0 metres. (h) Maximum Height 13 metres. (i) Minimum Landscaping 30% of the lot area. (j) Planting Strip N/A. (k) An unenclosed porch is permitted to encroach 2.0 metres into a required front yard and 2.0 metres into a required flankage yard, and the steps of a porch are permitted to encroach 0.6 metres in addition to the porch encroachment. (l) Bay windows and other types of windows, with or without foundations, are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. (m) Balconies are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. All other yard encroachments are subject to Subsection 7.12 of Zoning By-law No. 87-57. R4-595 Notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e) and (f) (09-162) of Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "R4-595": Regulations: All special regulations of the Residential "R4-589" Zone shall apply except APPENDIX A (231) that: (a) A minimum lot frontage of 13.1 metres shall be provided and maintained. RM4-596 Notwithstanding the provisions of Subsection 3.79 and 3.82 "Definitions", (09-249) Subsection 17.1 "Permitted Uses" and Subsection 17.2 "Regulations" of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "RM4-596": Definitions: "Lot Frontage" Shall mean the length of a straight line connecting the side lot lines measured from points located 7.5 metres from the intersection of the side and front lot lines. "Lot Line, Front" Shall mean any lot line(s) along Stonehenge Drive. Permitted Uses: Block townhouse dwellings and uses, buildings and structures accessory thereto; and, Street townhouse dwellings and uses, buildings and structures accessory thereto as permitted under the Residential Multiple "RM2-518" Zone of this By-law. Development Regulations: (b) Maximum Density 29 units per hectare (u.p.h.). (e) Maximum Lot Coverage 40%. (f) Minimum Front Yard 6.0 metres. (i) Minimum Landscaping 40% (including required privacy area). (j) Planting Strip A planting strip of a minimum 2.25 metres in width or a combination of a 1.83 high metre privacy fence, with a minimum 1.5 metre wide planting strip, shall be provided and maintained along any lot line abutting a parking area. APPENDIX A (232) (q) Access Separate access for individual dwellings onto the extension of Stonehenge Drive shall be prohibited. (r) Any applicable distance as specified in Schedule "C" - Setback Standards, to the Town of Ancaster By-law 87-57 shall not apply. All other provisions of the Residential Multiple "RM4" Zone shall continue to apply. R4-597 Notwithstanding the provisions of Subsection 7.12 "Yard Encroachments" (09-249) and Subsection 12.2 "Regulations" of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R4-597": Development Regulations: (a) Minimum Lot Area 390m2, except on a corner lot the minimum lot area shall be 480m2. (c) Maximum Lot 45%. Coverage: (d) Minimum Front Yard 3.0 metres to the dwelling and 6.0 metres to a garage. (e) Minimum Side Yard 1.2m except: (ii) on a corner lot, the minimum side yard abutting a street shall be 2.4 metres. (j) Any applicable distance, as specified in Schedule "C" " - Setback Standards, to the Town of Ancaster By-law 87-57 shall not apply. In addition to the Provisions of Section 7.12, Yard Encroachments, an alcove for pantries and hutches etc., shall be permitted to project into any minimum yard a distance of not more than 0.60 metres. All other provisions of the Residential "R4" Zone shall continue to apply. R4-598 Notwithstanding the provisions of Subsection 12.2 "Regulations" of R4-598(H) Zoning By-law No. 87-57 (Ancaster), the following special provisions (10-036) shall apply to the lands zoned "R4-598": Development Regulations: APPENDIX A (233) (a) Minimum Lot 12.0 metres for an interior lot. 13.0 metres Frontage for a corner lot. (b) Minimum Lot Area 400m2 for an interior lot. 420m2 for a corner lot. (c) Minimum Front Yard 3.0 metres to dwelling unit and 6.0 metres to an attached garage. (d) Minimum Exterior 1 .2 metres. Side Yard (e) Maximum Lot 45%. Coverage (f) Notwithstanding anything to the contrary, the location of any buildings or structures existing as of the date of the passing of this By- law, being the 24th day of February, 2010, shall be deemed to comply with the relevant regulations of By-law 87-57. (g) All other provisions of the Residential "R4" Zone shall continue to apply. On those lands zoned R4-598(H) by this By-law, the (H) symbol may be removed by a further amendment to this By-law at such time as road access has been provided to Springbrook Avenue, to the satisfaction of the Manager of Engineering Design and Construction and the Director of Planning. City Council may remove the (H) symbol, and thereby give effect to the "R4- 598" Zone, by enactment of an amending By-law once the above condition has been fulfilled. R5-599-H That notwithstanding the provisions of Subsection 13.2 "Regulations" of (10-036) Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R5-599(H)": Development Regulations: (a) Minimum Front Yard 3.0 metres to dwelling unit and 6. metres to an attached garage. (b) Minimum Exterior 1.2 metres. Side Yard (c) Maximum Lot 45%. APPENDIX A (234) Coverage (d) All other provisions of the Residential " R5" Zone shall continue to apply. On those lands zoned R5-599(H) by this By-law, the (H) symbol may be removed by a further amendment to this By-law at such time as road access has been provided to Springbrook Avenue, to the satisfaction of the Manager of Engineering Design and Construction and the Director of Planning. City Council may remove the (H) symbol, and thereby give effect to the "R5-599" Zone, by enactment of an amending By-law once the above condition has been fulfilled. R5-600 Notwithstanding the provisions of Subsection 3. 132 "Street" and (10-036) Subsection 13.2 "Regulations" of Zoning By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R5-600" Development Regulations: (a) For the purposes of this By-law, a common element condominium road shall be deemed to be a street, as defined by Subsection 3.132 "Street" (b) Minimum Front Yard 4.5 metres to dwelling unit and 6.0 metres to an attached garage. (c) Minimum Exterior 1.2 metres. Side Yard (d) Maximum Lot 45%. Coverage (e) All other provisions of the Residential "R5" Zone shall continue to apply. R5-601 Notwithstanding the provisions of Subsection 13.1 only single detached (10-285) dwellings, uses, buildings and structures accessory thereto shall be permitted and of Paragraphs (b), (f), and (i) of Subsection 13.2 "Regulations" of Section 12: Residential "R5" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "R5-601 ": Regulations: (b) Minimum Lot 12 metres for a single detached dwelling. Frontage APPENDIX A (235) (f) Minimum Rear Yard 7.5 metres, except where the rear yard abuts the Ministry of Transportation right-of-way the minimum rear yard setback for all buildings and structures shall be 14 metres in conjunction with a berm. (i) Accessory Building Except as provided in Paragraph (f) above, the provisions of Subsection 7.18 (a) shall apply. R5-601-H Notwithstanding the provisions of Subsection 13.1 only single detached (10-285) dwellings, uses, buildings and structures accessory thereto shall be permitted and of Paragraphs (b), (f), and (i) of Subsection 13.2 "Regulations" of Section 12: Residential "R5" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "H-R5-601": Regulations: The provisions of the "R5-601" shall apply. The 'H' Holding prefix shall be lifted from the "H-R5-601" Zone once the following conditions have been completed, to the satisfaction of the Director of Development Engineering: (i) Stage 2 upgrades to Sanitary Sewer Pumping Station HC061 have been implemented; (ii) The downstream gravity system north of Gray Court Drive has been upgraded, as per the recommendation of the Southcote Woodlands Pumping Station Design Brief, dated September, 2007; (iii) A sanitary sewer outlet is identified, designed/constructed to service the subject lands; and, (iv) The downstream creek restoration works have been completed in accordance with the Garner Neighbourhood Master Drainage Plan and supplementary investigation. RM2-602 Deleted by (12-084) (10-285) RM6-603-H Notwithstanding the provisions of Subsection 19.1, and Paragraphs (a), (10-285) (b), (c), (e), and 0) of Subsection 19.2 "Regulations" of Section 19: Residential Multiple "RM6" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "H-RM6- APPENDIX A (236) 603": Regulations: (a) Minimum Lot Area 0.3 hectares. (c) Maximum Density For the lands Zoned H-RM6-603 shall be 100 uph combined. (d) Minimum Lot 5 metres (flankage along proposed John Frontage Fredrick Drive). (h) Minimum Yard 2.0 metres. Abutting a Street (d) Maximum Height 10.5 metres (3 storeys). (i) Minimum 30% of the Lot Area. Landscaping (j) Planting Strip N/A. (m) Setback from N/A. Detached Dwelling (p) Canopies A canopy attached to an apartment building may project not more than 1.5 metres into any minimum yard facing a street. The 'H' Holding prefix shall be lifted from the from the "H-RM6-603" Zone once the following conditions have been completed, to the satisfaction of the Manager, Traffic Engineering, Public Works Department and the Director of Development Engineering: (i) Stage 2 upgrades to Sanitary Sewer Pumping Station HC061 have been implemented; (ii) The downstream gravity system north of Gray Court Drive has been upgraded, as per the recommendation of the Southcote Woodlands Pumping Station Design Brief, dated September, 2007; (iii) A sanitary sewer outlet is identified, designed/constructed to service the subject lands, inclusive; (iv) A road connection through Block 186 to the east, from John Frederick Drive, has been determined and deeded to the City of Hamilton; and, (v) The downstream creek restoration works have been completed in APPENDIX A (237) accordance with the Garner Neighbourhood Master Drainage Plan and supplementary investigation. RM2-604 Deleted by (12-084) (10-285) R4-605 Notwithstanding the provisions of Subsections 12.2 (c), (d), and (e)(i) (10-029) Regulations" of Section 12: Residential "R4" Zone, the following special provisions shall apply to lands zoned "R4-605": Regulations: (c) Maximum Lot 45.0%. Coverage (d) Minimum Front Yard 6.0 metres. (e)(i) Minimum Side Yard Where an attached garage or carport is provided, the minimum side yard on one side shall be 0.6 metres, and the other side yard shall be a minimum of 1.2 metres. R4-606 Notwithstanding the provisions of Subsections 12.2 (a), (b), (c), (d) and (10-029) (e)(i) " Regulations" of Section 12: Residential "R4" Zone, the following special provisions shall apply to lands zoned "R4-606": Regulations: (a) Minimum Lot Area 375 square metres. (b) Minimum Lot 11.30 metres. Frontage (c) Maximum Lot 45%. Coverage (d) Minimum Front Yard 3.0 metres to the dwelling and 6.0 metres to a garage. (e)(i) Minimum Side Yard Where an attached garage or carport is provided, the minimum side yard on one side shall be 0.6 metres, and the other side yard shall be a minimum of 1.2 metres. (f) An alcove and similar architectural feature shall be permitted to project into any minimum yard a distance of not more than 60 centimeters, except where the side yard is less than 1.2 metres wide. APPENDIX A (238) All other provisions of the Residential "R4" Zone shall continue to apply. R4-608 Deleted by (12-084) (10-285) RM2-609-H Notwithstanding the provisions of Subsection 15.1, and Paragraph (a), and (10-285) (b) of Subsection 15.2 "Regulations" of Section 15: Residential Multiple "RM2" Zone, Schedule "C", the following special provision shall apply to the lands zoned "H-RM2 609": Regulations: (a) Minimum Lot Area 1,850 square metres of total parcel area and, 213 square metres for an interior dwelling unit, and 270 square metres for all other dwelling units. (b) Minimum Lot 7 metres for an interior lot and 9 metres for Frontage all other lots. The 'H' Holding prefix shall be lifted from the "H-RM2-609" Zone once the following conditions have been completed, to the satisfaction of the Director of Development Engineering: (i) Stage 2 upgrades to Sanitary Sewer Pumping Station HC061 have been implemented; (ii) The downstream gravity system north of Gray Court Drive has been upgraded, as per the recommendation of the South cote Woodlands Pumping Station Design Brief, dated September, 2007; (iii) A sanitary sewer outlet is identified, designed/constructed to service the subject lands; and, (iv) The downstream creek restoration works have been completed in accordance with the Garner Neighbourhood Master Drainage Plan and supplementary investigation. C3-610-H Notwithstanding the provisions of Subsection 22.1 "Permitted Uses", and (10-285) Paragraphs (a), (b), (c), (e), and 0) of Subsection 22.2 "Regulations" of Section 22: General Commercial "C3" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "H-C3-610": Permitted Uses: APPENDIX A (239) Only the following uses shall be permitted in the "C3-610" Zone: (a) Bank and Financial Institutions; Business and Professional Offices; Dry Cleaning Depot; Home Business; Laboratory; Medical Offices; Medical Clinics; Personal Service Shops; Restaurants, including a drive thru; Retail stores; and, A maximum of 94 Apartment Dwelling Units. Regulations: (a) Commercial uses shall only be permitted in conjunction with residential units above the ground floor. (b) Maximum Yard 2.0 metres. Abutting a Street (c) Minimum Rear Yard 6.0 metres. (d) Minimum Side Yard 3.0 metres. (e) Maximum Building 10.5 metres (3 storeys). Height (f) Visual Buffer Shall be required only in the form of a board-on-board fence in conjunction with a 2.0 metre planting strip, along any lot line abutting a Residential Zone. (g) Outdoor Display for No outdoor storage of goods, materials, or Sale and Open equipment shall be permitted in any front Storage of Goods yard or flankage yard. and Materials This shall not include the display of goods or materials for retail purposes. (h) Minimum Parking In addition to the provisions of Section 7.14, Requirements the following special regulations shall also apply: The parking space size shall have a minimum width of 2.6 metres and have a minimum length of 5.5 metres. APPENDIX A (240) Visitor Parking may be shared with the commercial parking area. However, oneparking space per residential unit shall be provided, and 1 parking space per 33 square metres of non-residential GFA shall be provided. One loading space shall be required and shared for the residential and commercial uses. (i) Maximum Gross 1,200 square metres. Floor Area for Commercial (j) Minimum Not less than 10% of the lot area shall be Landscaping landscaped area. Requirements The 'H' Holding prefix shall be lifted from the "H-C3-610" Zone once the following conditions have been completed, to the satisfaction of the Director of Development Engineering: (i) Stage 2 upgrades to Sanitary Sewer Pumping Station HC061 have been implemented; (ii) The downstream gravity system north of Gray Court Drive has been upgraded, as per the recommendation of the Southcote Woodlands Pumping Station Design Brief, dated September, 2007; (iii) A sanitary sewer outlet is identified, designed/constructed to service the subject lands, inclusive; and, (iv) The downstream creek restoration works have been completed in accordance with the Garner Neighbourhood Master Drainage Plan and supplementary investigation. RM6-611 Notwithstanding any provisions to the contrary of Section 19.1 Permitted (11-014) Uses, and Section 19.2, Regulations, of Section 19 Residential Multiple (16- 035) "RM6" Zone, of By-law 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "RM6-611": (i) That in addition to Section 19.1, "Permitted Uses", of Section 19: Residential Multiple "RM6" Zone, the following additional uses shall be permitted: a) Multi-plex dwelling; b) Block Townhouse(s); APPENDIX A (241) c) Uses, buildings and structures accessory to a permitted use; and, d) Private roadways including parking and landscaping. (ii) That notwithstanding Paragraph 3.134 "Street" of Section 3, Definitions" the following definition shall apply: 3.134 "Street" For the purposes of this Zone, the private driveway(s) or condominium road(s) are deemed to be a street(s), and parking and landscaping are permitted within the street(s). (iii) That notwithstanding Paragraph 3.84 "Lot Line, Front"; Paragraph 3.85 "Lot Line, Side"; and Paragraph 3.86 "Lot Line, Rear", the following shall apply: For the purposes of this Zone, the only front lot line shall be the lot line abutting Garner Road East, and the only rear lot line shall be the northerly lot line with a dimension of 12.089m and all other remaining lot lines shall be deemed to be side lot lines. (iv) That for the purpose of regulations contained in Sections 3, 5, 6, 7, 9 and 19 of the Ancaster Zoning By-law 87-57, the boundary of Block 65 of Draft Approved Plan of Subdivision 25T-200518 "Ancaster Woodlands" or the corresponding boundaries of this block as identified on any future Registered Plan of Subdivision shall be deemed to be the lot lines for this purpose and the regulations of the "RM6-611" Zone including but not limited to lot area, lot depth, lot frontage, lot coverage, density, building setbacks, separation distances, landscaped areas, parking requirements and accessory buildings, shall be from the boundaries of Block 65 of Draft Approved Plan of Subdivision 25T-200518 "Ancaster Woodlands" or the corresponding boundaries of this block as identified on any future Registered Plan of Subdivision, and not from individual properties boundaries of dwelling units created by registration of a condominium plan or created by Part Lot Control. (v) That in addition to the provisions of subsection 7.14, "Parking and Loading", of Section 7: General Provisions and notwithstanding Paragraph (a)(ii), (a)(iv) and (a)(xv) of subsection 7.14, "Parking and Loading", of Section 7: General Provisions and Paragraph (i) of subsection 19.2, "Regulations", of Section 19: Residential Multiple "RM6" Zone, the following special provisions shall apply to the lands zoned "RM6-611", described as 1169 Garner Road East: Parking A minimum of 2 parking spaces, plus 0.5 visitor parking spaces for each dwelling unit shall be provided APPENDIX A (242) and maintained. Tandem parking for parking spaces within a private garage and / or the associated driveway shall be permitted. Where a parking area which is required to provide for more than four vehicles abuts a lot containing a dwelling comprising one or two dwelling units, a permanently maintained planting strip of a minimum width of 2.8 metres shall be provided. (vi) That notwithstanding Paragraph (a) of Section 7.11 "Maximum Building Height"; Paragraph (c) of subsection 7.13, "Special Setbacks"; and, Paragraphs (b), (f), (g), (h), (j), (k), (l), (n) and (o) of subsection 19.2, "Regulations", of Section 19: Residential Multiple "RM6" Zone, the following special provisions shall apply to the lands zoned "RM6-611", described as 1169 Garner Road East: (b) Maximum Lot Area 1.7 hectares (f) Maximum Lot Coverage 30% (g) Minimum Front Yard 5.0 m (h) Minimum Side and 4.0 m for any side yard; and, Rear Yard 9.0 m for any rear yard. (j) Children's Outside Not required. Play Area (k) Maximum Height 12.6 metres or 3 storeys. (l) Minimum Landscaping 35% (n) Building Separation 2.4 metres between buildings / blocks. (o) Accessory Buildings The provisions of Subsection 7.18(a) shall apply. R4-612 Notwithstanding any provisions to the contrary of Section 12.1 Permitted (11-014) Uses, and Section 12.2, Regulations, of Section 12 Residential Multiple APPENDIX A (243) "RM6" Zone, of By-law 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R4-612": (a) Front Yard 4.5m to a dwelling and 6m to an attached garage. (b) All other zone provisions of Subsection 12.2, Residential "R4"Zone, and Section 7 shall apply. RM4-613 Notwithstanding the provisions of Subsections 7.14 "Parking and (10-213) Loading", 9.10 (a) "Decks", 17.1 "Permitted Uses" and 17.2 "Regulations" of Zoning By-law No. 87-57 (Ancaster) shall be replaced in their entirety, and the following special provisions shall apply in lieu thereof to the lands zoned "RM4-613": Permitted Uses: (a) Bungalow townhouse dwelling units with optional lofts. (b) Use, buildings, and structures accessory to the uses described in the above Subsection (a). General Provisions Pertaining to all Development: (a) For the purpose of this By-law, the front lot line is defined along Kitty Murray Lane. The rear lot line is defined as the eastern most property line. The remaining lot lines are defined as side lot lines. (b) Minimum Lot Area 0.4 hectares. (c) Minimum Lot 20.0 metres along Kitty Murray Lane. Frontage (d) Maximum Density 27 units per hectare. (e) Maximum Lot 40 percent Coverage (f) Minimum 35% of total lot area (including required Landscaping privacy areas). (g) Minimum Common 7.0m2/unit. Element Landscaped Area Fencing Privacy fencing is to be provided around the exterior property boundary except along lot lines abutting road frontages where APPENDIX A (244) perimeter screening will be permitted to consist of a combination of fencing and/or landscaping. (h) Minimum Parking 2 spaces per dwelling unit, plus 0.3 spaces Spaces per dwelling for visitors. (i) Minimum Parking 2.6 metres in width by 5.5 metres in Space Size length. (j) Parking areas shall be a minimum of 1.8 metres from a street line. (k) Where a visitor parking area abuts a public street or a lot containing a dwelling unit, a permanently maintained 1.0 metre wide landscaping strip shall be required. Regulations for Residential Dwelling Units: (a) Maximum Height 1.5 storeys, and shall not exceed 9.0 metres. (b) Minimum Setbacks from Perimeter Lot Line: (i) To the rear wall of a dwelling 6.0 metres (ii) To the end wall of a dwelling 4.0 metres (iii) To the front wall of a dwelling 6.0 metres (c) Minimum Distance Between Dwelling Units: (i) Front wall to front wall 17.0 metres (ii) Rear wall to rear wall 13.5 metres (iii) Side wall to side wall 3.0 metres (iv) Front wall to rear wall 19.5 metres (v) Side wall to front wall 15.0 metres (vi) Side wall to rear wall 10.5 metres (d) Minimum Setback Private 3.5 metres to dwelling unit and 6.0 from Internal metres to an attached garage. Roadway (e) Minimum Privacy 25.0m2 per dwelling unit. Area APPENDIX A (245) (f) Unit Placement No more than 8 dwelling units shall be attached in a continuous row. (g) Accessory Buildings The provisions of Subsection 7.18(a) shall apply, except that an above grade communal parking structure or building shall be deemed a principal building. (h) Decks shall be permitted in any unit privacy area to a maximum of 3.5 metres from the rear wall. 1-614 Notwithstanding the provisions of Subsections 30.1 and 30.2(h) of Zoning (10-213) Bylaw No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "1-614": Permitted Uses: (a) Uses permitted in Section 30.1. (b) One dwelling unit. RM2-615 Notwithstanding any provisions to the contrary of Section 15.2, (10-303) Regulations of Section 15: Residential Multiple "RM2" Zone and Section 9, General Provisions for Residential Zones of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "RM2-615". Zone Provisions: (a) Minimum Lot Area 165 square metres per dwelling unit. Notwithstanding Section 15.2.a), the Total parcel area per dwelling shall not apply. (b) Minimum Lot 6.0 metres per dwelling unit, except, 6.7 Frontage metres for an end dwelling unit which does not abut a flanking street; and, 8.4 metres for an end dwelling unit which abuts a flanking street. Notwithstanding Section 15.2b), the minimum Total Parcel Frontage per dwelling unit provision shall not apply. (c) Maximum Lot 45% for a 1-storey dwelling unit and 42.5% Coverage for a 2-storey dwelling unit. (d) Minimum Front Yard 4.5 metres to a dwelling, except 6.0 metres to an attached garage. Notwithstanding Section 15.2(e), Schedule "C" requirements shall not apply. APPENDIX A (246) (e) Minimum Side Yard 1.2 metres for a dwelling end unit that abuts a dwelling end unit in which there are no habitable room windows; and, 2.1 metres for a dwelling unit abutting a flankage yard. (f) Yard Encroachments 1.5 metres for an enclosed porch or open stairways that project into any minimum front or rear yard and into any minimum side yard not more than 45 centimetres. (g) Dwelling Unit (i) Not more than 10 units shall be attached Placement in a continuous row. (ii) Section 15.2(k)(ii) shall apply. (h) Minimum Section 15.2 (i) shall not apply, however, the Landscaping minimum landscaped area for the front yard shall be 40%. (i) Driveways The minimum driveway width shall be 2.7m, and the maximum driveway width shall be 3.0m. (j) All other zone provisions of Subsection 15.2, Residential Multiple "RM2" Zone, and Section 9 shall apply. RM2-616 Notwithstanding any provisions to the contrary of Section 15.1, Permitted (10-303) Uses and Section 15.2, Regulations of Section 15: Residential Multiple "RM2" Zone and Section 9, General Provisions for Residential Zones of By- law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "RM2-616". Permitted Uses: Street townhouse dwellings along a condominium "Window" road and uses, buildings, and structures accessory thereto. Zone Provisions: (a) Minimum Lot Area 187 square metres per dwelling unit. Notwithstanding Section 15.2.a), the Total Parcel area per Dwelling shall not apply. (b) Minimum Lot 6.0 metres per dwelling unit, except 6.7 Frontage metres for an end dwelling unit which does not abut a flanking street. APPENDIX A (247) 8.25 metres for an end dwelling unit which abuts Robertson Road. 8.4 metres for an end dwelling unit which abuts Raymond Road. Notwithstanding Section 15.2b), the minimum Total Parcel Frontage per dwelling unit provision shall not apply. (c) Maximum Lot 45% for a dwelling unit. Coverage (d) Minimum Front Yard 4.5 metres to a dwelling, except 6 metres to an attached garage. Notwithstanding Section 15.2(e), Schedule "C" requirements shall not apply. (e) Minimum Side Yard 1.15 metres for a dwelling end unit that abuts a dwelling end unit in which there are no habitable room windows; 2.7 metres for a dwelling unit with a flankage yard abutting Robertson Road; and, 3.0 metres for a dwelling unit with a flankage yard abutting Raymond Road. (f) Yard Encroachments 1.5 metres for an enclosed porch or open stairways that project into any minimum front or rear yard and into any minimum side yard not more than 45 centimetres. (g) Dwelling Unit (i) Not more than 8 units shall be attached in Placement a continuous row. (ii) Section 15.2(k)(ii) shall apply. (h) Minimum Section 15.2 (i) shall not apply, however, the Landscaping minimum landscaped area for the front yard shall be 40%. (i) Window Road A minimum 6 metre wide interior road shall be provided along the frontage of the townhouse block to provide driveway access to the individual dwelling units. APPENDIX A (248) For the purposes of this by-law, the window road shall be used to determine minimum lot frontage, setbacks and lot area requirements for dwelling lots. (j) Landscaping Strip A minimum 3 metre wide landscaping strip shall be provided in conjunction with window roads that are required along Garner Road East and Raymond Road. (k) Site Plan Approval All street townhouses to be developed along a window road shall be subject to Site Plan Approval. (l) Driveways The minimum driveway width shall be 2.7m and the maximum driveway width shall be 3.0m. (m) All other zone provisions of Subsection 15.2, Residential Multiple "RM2" Zone and Section 9, General Provisions for Residential Zones shall apply. RM2-617 Notwithstanding any provisions of Section 15.2, Regulations of Section (10-303) 15: Residential Multiple "RM2" Zone and Section 9, General Provisions for Residential Zones of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "RM2-617". Permitted Uses: In accordance with Subsection 15.1 Zone Provisions: (a) In accordance with the provisions of the Residential Multiple "RM2-616" Zone, with the following exceptions: (b) Minimum Lot 8.5 metres for an end dwelling unit abutting Frontage a Neighbourhood Park "P1" Zone or a Residential "R5" Zone. (c) Minimum Side Yard 3.0 metres for an end dwelling unit abutting a Neighbourhood Park "P1" Zone or a Residential "R5" Zone. R5-618 Notwithstanding any provisions to the contrary of Section 13.1, Permitted (10-303) Uses, and Section 13.2, Regulations of Section 13: Residential "R5" Zone and Section 9, General Provisions for Residential Zones of By-law No. 87- APPENDIX A (249) 57 (Ancaster), the following special provisions shall apply to the lands zoned "R5-618". Permitted Uses: Only semi-detached dwellings and uses, buildings, and structures accessory thereto. Zone Provisions: (a) Minimum Lot Area 201 square metres per unit and 308 square metres or corner lots. (b) Minimum Lot 6.7 metres for internal units and 8.5 metres Frontage for flankage units. (c) Maximum Lot 45% for 1-storey units and 42.5% for 2- Coverage storey units. (d) Minimum Front Yard 4.5m to a dwelling and 6.0 metres to an attached garage. (e) Minimum Side Yard In accordance with Section 13, except 3.0 metres for a flankage yard. (f) All other zone provisions of Subsection 13.2, Residential "R5" Zone, and Section 9, General Provisions for Residential Zones shall apply. R4-619-H That notwithstanding the provisions of paragraphs (a), (c), (d), and (e)(ii) (10-199) of Subsections 12.2 "Regulations" of Section 12: Residential "R4" Zone, the provisions of the Residential "R4-548" Zone, Modified, shall apply. (13-297) Removal of Holding Provision: (18-224) That the 'H' symbol shall only be removed conditional upon: (i) That the construction of the sanitary and storm sewers, curbs, and gutters on Springbrook Avenue have been completed, and that all matters, financial and otherwise, have been addressed, to the satisfaction of the Director of Development Engineering. R4-621 Deleted by (12-084) (10-285) R5-622-H Notwithstanding the provisions of Subsection 13.1 only single detached APPENDIX A (250) (10-285) dwellings, uses, buildings and structures accessory thereto shall be permitted and Paragraphs (b) (f), and (i) of Subsection 13.2 "Regulations" of Section 12: Residential "R5" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", the following special provisions shall apply to the lands zoned "H-R5- 622": Regulations: The provisions of the "R5-601" shall apply. The 'H' Holding prefix shall be lifted from the "H-R5-601" Zone once the following conditions have been completed, to the satisfaction of the Director of Development Engineering: (i) Stage 2 upgrades to Sanitary Sewer Pumping Station HC061 have been implemented; (ii) The downstream gravity system north of Gray Court Drive has been upgraded, as per the recommendation of the Southcote Woodlands Pumping Station Design Brief, dated September, 2007; (iii) A sanitary sewer outlet is identified, designed/constructed to service the subject lands; and, (iv) The downstream creek restoration works have been completed in accordance with the Garner Neighbourhood Master Drainage Plan and supplementary investigation. R4-623 That notwithstanding the provisions of Paragraphs (b), (c), (d) (e), and (f) (11-118) of Subsection 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and the Provisions of Section 7.12: "Yard Encroachments", and Section 7.13: "Special Setbacks", the following special provisions shall apply to the lands zoned "R4-623": Regulations: (b) Minimum Lot 15.0 metres, except 17m on a corner lot. Frontage (c) Maximum Lot 45 percent. Coverage (d) Minimum Front Yard 7.5 metres, except 9.0m to the front of the garage. (e) Minimum Side Yard 1.2 metres, except 0.6 metres on the side with an attached garage, and on a corner lot the minimum side yard abutting a street APPENDIX A (251) shall be 3.0 metres; subject to a maintenance easement 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 0.6 metres into the side yard of the lot adjacent the yard with a side yard setback less than 1.2m. (f) Minimum Rear Yard 7.0 metres. (g) Parking Each Dwelling unit shall provide and maintain a minimum of four (4) parking spaces on site, two (2) of which may be in a tandem parking arrangement. (h) An unenclosed porch is permitted to encroach 2.0 metres into a required front yard and 2.0 metres into a required flankage yard, and the steps of a porch are permitted to encroach 0.6 metres in addition to the porch encroachment. Notwithstanding this provision, no encroachment shall be permitted within 0.6m of a side lot line. (i) A chimney, belt courses, sills, cornices, chimney breasts, decorative brick facing, pilasters, alcoves, windows, fireplaces, or other architectural features, with or without foundations, are permitted to encroach 0.6 metres into a required yard, to a maximum of half the required yard. Notwithstanding this provision, no encroachment shall be permitted within 0.6m of a side lot line. (j) Bay windows and other types of windows, with or without foundations, are permitted to encroach 1.0 metre into a required front, exterior side, or rear yard. Notwithstanding this provision, no encroachment shall be permitted within 0.6m of a side lot line. (k) Balconies are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. Notwithstanding this provision, no encroachment shall be permitted within 0.6m of a side lot line. (l) All other yard encroachments are subject to Subsection 7.12 of Zoning By-law No. 87-57. (m) Notwithstanding the above, sufficient maneuvering area consisting of a hammerhead turnaround shall be provided and maintained upon each lot, and shall not be considered within the required parking regulation. (n) A minimum 1.0m landscaped area Shall be provided and maintained between the maneuvering area and the front lot line. APPENDIX A (252) R5-624 That notwithstanding the provisions of Paragraphs (a), (b), (c), (d), and (11-118) (e) of Subsection 13.2 "Regulations" of Section 13: Residential "R5" Zone, Schedule "C", and the Provisions of Section 7.12: "Yard Encroachments", and Section 7.13: "Special Setbacks", the following special provisions shall apply to the lands zoned "R5-624": Regulations: (a) Minimum Lot Area 275 square metres, except on a corner lot the minimum lot area shall be 340 square metres. (b) Minimum Lot 10.9 metres, except on a corner lot the Frontage minimum lot frontage shall be 13.0 metres. (c) Maximum Lot 55 percent. Coverage (d) Minimum Front Yard 3.0 metres to the dwelling and 6.0 metres to an attached garage shall be provided. (e) Minimum Side Yard 1.2 metres, except 0.6 metres on the side with an attached garage, and on a corner lot the minimum side yard abutting a street shall be 3.0 metres; subject to a maintenance easement 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 0.6 metres into the side yard of the lot adjacent the yard with a side yard setback less than 1.2m. (f) An unenclosed porch is permitted to encroach 2.0 metres into a required front yard and 2.0 metres into a required flankage yard, and the steps of a porch are permitted to encroach 0.6 metres in addition to the porch encroachment. Notwithstanding this provision, no encroachment shall be permitted within 0.6m of a side lot line. (g) A chimney, belt courses, sills, cornices, chimney breasts, decorative brick facing, pilasters, alcoves, windows, fireplaces, or other architectural features, with or without foundations, are permitted to encroach 0.6 metres into a required yard, to a maximum of half the required yard. Notwithstanding this provision, no encroachment shall be permitted within 0.6m of a side lot line. (h) Bay windows and other types of windows, with or without foundations, are permitted to encroach 1.0 metre into a required front, APPENDIX A (253) exterior side, or rear yard. Notwithstanding this provision, no encroachment shall be permitted within 0.6m of a side lot line. (i) Balconies are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. Notwithstanding this provision, no encroachment shall be permitted within 0.6m of a side lot line. (j) All other yard encroachments are subject to Subsection 7.12 of Zoning By-law No. 87-57. R3-626 Notwithstanding any provisions to the contrary of Section 11.3.2, (11-024) Regulations of Section 11.3: Residential "R3" Zone and Section 9, General Provisions for Residential Zones of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R3-626". (a) Minimum Lot Area 580 square metres, except on a comer lot the minimum lot area shall be 700 square metres. (b) Minimum Lot 14.5 metres per dwelling unit, except, on a Frontage corner lot the minimum lot frontage shall be 17.5 metres. (c) Maximum Lot 45% for a 1-storey dwelling unit and 42.5% Coverage for a 2-storey dwelling unit. (d) Minimum Front Yard 4.5 metres to a dwelling, except 6.0 metres to an attached garage. Notwithstanding Section 15.2(e), Schedule "C" requirements shall not apply. (e) Minimum Side Yard 1.2 metres, except, 2.4 metres for an exterior side yard. (f) Yard Encroachments 1.5 metres for an enclosed porch or open stairways that project into any minimum front or rear yard, and into any minimum side yard not more than 45 centimetres. (g) All other zone provisions of Subsection 11.3, Residential "R3" Zone, and Section 9 General Provisions for Residential Zones shall apply. R3-627 Notwithstanding any provisions to the contrary of Section 11.3.2, (11-024) Regulations of Section 1I .3 : Residential "R3" Zone and Section 9, General Provisions for Residential Zones of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R3-627". APPENDIX A (254) Development Regulations: (a) Minimum Side Yard 1.2m on one side, 2.5 metres on the other side and a minimum separation between dwellings of 3.7m. (b) Accessory Buildings The provisions of Section 7.18(a) shall apply, except that accessory buildings shall be setback a minimum of 2.5m from the base of a retaining wall. (c) In-Ground The provisions of Section 7.16(c) shall Swimming Pools apply, except that an in-ground swimming pool shall be setback a minimum of 2.5m from the base of a retaining wall. (d) Decks The provisions of Section 9.10 shall apply, except that decks shall be setback a minimum of 2.5m from the base of a retaining wall. (e) All other zone provisions of the "R3-626" Zone and Section 9 General Provisions for Residential Zones shall apply. R3-628 Notwithstanding any provisions to the contrary of Section 1 1.3.2, (11-024) Regulations of Section 11.3: Residential "R3" Zone and Section 9, General Provisions for Residential Zones of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R3-628". Permitted Uses: (a) Subsection 1 1.3.1 shall apply. (b) A single detached dwelling existing the date of passing of the By- law shall also be permitted, being the 5th day of January, 2011. Development Regulations: (a) Minimum Lot Area 560 square metres, except on a corner lot the minimum lot area shall be 610 square metres. (b) Minimum Lot 16 metres along a condominium road, Frontage except 18.0 metres for a comer lot fronting, onto a condominium road or public highway. APPENDIX A (255) (c) Maximum Coverage 45% for a 1 -storey dwelling unit and 42.5% for a 2- storey dwelling unit. (d) Minimum Setback 4.5 metres to a dwelling, Road except 6 from a Condominium metres to an attached garage from a condominium road (e) Minimum Side Yard 1.2 metres (f) Condominium Road A minimum 9 metre wide interior road shall be provided for driveway access to the individual dwelling units. For the purposes of this bylaw, the condominium road shall be deemed to be a street and shall be used to, determine minimum. Lot frontage, and setback requirements for dwelling lots. (g) Minimum 45% Landscaping (h) Parking 2.0 spaces per dwelling unit (i) Visitors Parking 0.5 spaces per unit, which shall be permitted on one side of a condominium road, and/or within a designated parking area. (j) Minimum Parking 2.6m X 5.5m within a for Visitors Parking Stall Dimensions designated parking area 2.5m X 6.5m for parallel parking along a condominium road (k) The provisions of Section 11.3.2 shall not apply to a single detached dwelling existing at the date of passing of the By-law being the 5th day of January, 2011. (l) All other zone provisions of Subsection 11.3, Residential "R3" Zone and Section 9, General Provisions for Residential Zones shall apply. R3-628-H Notwithstanding any provisions to the contrary of Section 11.3.2, (11-024) Regulations of Section 11.3: Residential "R3(H)" Holding Zone and Section 9, General Provisions for Residential Zones of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "H-R3-628": (15-164) Removal of Holding Provision: (a) The 'H' Holding prefix shall be lifted from the "H-R3-628" Zone once the following conditions have been completed, to the APPENDIX A (256) satisfaction of the Director of Planning: i) The subject lands have been assembled with the adjacent lands to allow for the creation of appropriately-sized future residential lots; and, ii) The adjacent lands for purposes of land assembly have received final zoning approval to permit single detached dwellings in accordance with the "R3-628" Zone. R3-629 Notwithstanding any provisions to the contrary of Section 11.3.2, (11-024) Regulations of Section 11.3: Residential "R3 Zone and Section 9, General Provisions for Residential Zones of By-law No. 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "R3-629". Development Regulations: (a) Minimum Side Yards 1.2m on one side, 2.5 metres on the other side and a minimum separation between dwellings of 3.7m. (b) Accessory Buildings The provisions of Section 7.18(a) shall apply, except that accessory buildings shall be setback a minimum of 2.5m from the base of a retaining wall contiguous to a rear lot line. (c) In-Ground The provisions of Section 7.16(c) shall Swimming Pools apply, except that an in-ground swimming pool shall be setback a minimum of 2.5m from the base of a retaining wall contiguous to a rear lot line. (d) Decks The provisions of Section 9.10 shall apply, except that decks shall be setback a minimum of 2.5m from the base of a retaining wall contiguous to a rear lot line. (e) All other zone provisions of the "R3-628" Zone and Section 9, General Provisions for Residential Zones shall apply. C1-631 Notwithstanding any provisions to the contrary of Section 22.1, Table 1 (12-030) Permitted Uses, and Section 22.2, Table 2 Regulations of Neighbourhood Commercial "C1" Zone, of By-law 87-57 (Ancaster), the following permitted uses and special provisions shall apply to the lands zoned "C1- 631" Zone: Permitted Uses: APPENDIX A (257) The following additional use shall be permitted: A retail showroom for a spa and pool business with accessory offices and storage areas. Zone Provisions: (a) Maximum Floor 610 square metres. Area (b) Accessory Buildings Notwithstanding Table 2 of Section 22.2, accessory buildings existing on the day of passing of the By-law, being the 8th day of February, 2011, shall be permitted. (c) All other zone provisions of Section 22 and Section 7 shall apply. ER-632 Notwithstanding the provisions of Section 10 of the Existing Residential (11-187) "ER" Zone of Zoning By-law No. 87-57 (Ancaster), the lands zoned Existing Residential "ER-632", shall be subject to the following provisions: (a) Notwithstanding the provisions of Section 10.1: Permitted Uses of the Existing Residential "ER" Zone, the following uses shall also be permitted: A Professional Business Office having a maximum floor area of 135 square metres in conjunction with a dwelling unit shall be permitted only within the single-detached dwelling, existing on the date of passing of this by-law, being the 7th day of July, 2011. (b) Notwithstanding Clause (a) above, an addition having a maximum gross floor area of 8 square metres shall be permitted to existing building. (c) Notwithstanding Sub-section 7.14(a)(xv) of the General Provisions Section, a planting strip having a minimum width of 1.5 metres along the westerly side lot line and 2.0 metres along the rear lot line shall be provided and maintained abutting the parking area. (d) A visual barrier measuring 1.8 metres in height shall be provided and maintained along the side and rear lot lines, and shall be permitted within a planting strip. C1-636-H Notwithstanding any provisions to the contrary of Section 22.1, Table 1 (12-030) Permitted Uses, and Section 22.2, Table 2 Regulations of Neighbourhood Commercial "C1" Zone, of By-law 87-57 (Ancaster), the following special provisions shall apply to the lands zoned "H-C1-636" Holding Zone: APPENDIX A (258) (a) Permitted Uses Until the Holding Provision 'H' is removed, the "H-C1-636" Zone shall only be used for an access driveway, landscaping, and private sanitary system in association with a pool and spa business located at 591 Garner Road East. The 'H' Holding prefix shall be lifted from the "H-Cl-636" Zone once the following conditions have been completed, to the satisfaction of the Director of Planning: (i) The assembly of 581, 587, and 591 Garner Road Eas incorporating all of the affected parcels; and, (ii) Site Plan approval for 581, 587, and 591 Garner Road East has occurred on the assembled parcels for comprehensive development and access driveways onto Garner Road East are minimized and properly sited. City Council may remove the (H) symbol, and thereby give effect to the "C1-636" Zone, by enactment of an amending By-law once the above conditions have been fulfilled. R4-637 That notwithstanding the provisions of Sub-Section 12.1 "Permitted Uses" (11-240) and Paragraphs (a), (c), (d), and (e), of Sub-section 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and Section 3: Definitions 3.73 and 3.75, the following special provisions shall apply to the lands zoned "R4-637": Permitted uses: A maximum of eight detached dwelling units and uses, buildings and structures accessory thereto. (a) Minimum Lot Area 400 square metres, except on a corner lot the minimum area shall be 475 square metres. (b) Maximum Lot 48 percent. Coverage (c) Minimum Front Yard 4.5 metres to the front of the dwelling and 6.0 metres to the front of the garage. (d) Minimum Side Yard 1.2 metres, except 4.5 metres on a corner lot. (e) Planting Strip A minimum 3.0 metre wide Planting Strip shall be provided and maintained along APPENDIX A (259) Wilson Street West (excluding the Condominium Road). Definitions: Notwithstanding Section 3.0, the following provisions apply: (a) "Lot Frontage" - for the purposes of determining setbacks and frontage the Condominium (private) Road shall be deemed as frontage. (b) "Corner Lot" shall be deemed as those lots immediately situated at the intersection of Wilson Street West and the Condominium Road. Notwithstanding Section 7.0 - General Provisions, the following provisions apply: (a) A Draft Plan of Condominium shall be considered a Draft Plan of Subdivision for the purpose of Model Homes, as per Sub-section 7.27. R3-639 That notwithstanding the provisions of Section 11 Residential "R3" Zone (12-037) and 7.14 of Section 7: General Provisions, the following special provisions shall apply to the lands zoned "R3-639", described as 114 Wilson Street West: 1.0 Permitted Uses: Notwithstanding Section 11.3.1, a Professional Business Office shall be permitted only within the building existing on the date of the passing of this By-law, being the 22nd day of February, 2012. 2.0 Regulations: Notwithstanding Sections 11.1.2 and 7.14, the following provisions apply: (a) Minimum Loading No loading spaces shall Spaces: be required. R1-640 That notwithstanding the provisions of Section 11 Residential "RI" Zone, (12-098) the following special provisions shall apply to the lands zoned "R1-640": Regulations: Notwithstanding Sections 11.1.2(d) and (e), the following provisions apply: (a) Minimum Front Yard 11.3 metres. APPENDIX A (260) (b) Minimum Side Yard 2.3 metres. (northerly) (c) No vehicular access to Garner Road West shall be permitted. R1-641 That notwithstanding the provisions of Section 11 Residential "RI" Zone, (12-098) the following special provisions shall apply to the lands zoned "R3-641": Regulations: Notwithstanding Sections 11.1.2(d) and (e), and 7.13, the following provisions apply: (a) Minimum Front Yard 6.0 metres. (b) Minimum Side Yard 6.5 metres. (easterly) (c) Minimum Side Yard 11 metres. (westerly) (d) That Section 7.13(c) does not apply. R4-642 That notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (12-084) and (f) of Sub-section 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", the provisions of Paragraphs (a) and (d) of Sub-section 7.12 "Yard Encroachments", and the provisions of Paragraphs 3.83 and 3.84 of Section 3: "Definitions", the following special provisions shall apply to the lands zoned "R4-642": Development Regulations: (a) Minimum Lot Area 380 square metres, except for a corner lot the minimum lot area shall be 400 square metres. (b) Minimum Lot 12 metres, except for a corner lot the Frontage minimum lot frontage shall be 13.8 metres. (c) Maximum Lot N/A. Coverage (d) Minimum Front Yard 4.5 metres to a dwelling unit and 6.0 metres to an attached garage. (e) Minimum Side Yard 1.2 metres, except on a corner lot the APPENDIX A (261) minimum side yard abutting a street shall be 3.0 metres. (f) Maximum Exterior 1.5 metres. Side Yard Encroachment of an Unenclosed Porch (g) Maximum Front Yard 0.9 metres. Exterior Side Yard, and Rear Yard Encroachment of a Bay Window (h) Rear lot line shall mean the lot line opposite to, and furthest from, the front lot line. (i) Side lot line shall mean a lot line other than the front lot line or rear lot line. (j) All other provisions of the Residential "R4" Zone apply. R4-643 That notwithstanding the provisions of Paragraphs (c), (d), (e), and (f) of (12-084) Sub-section 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and the provisions of Paragraphs (a) and (d) Sub-section 7.12 "Yard Encroachments", the following special provisions shall apply to the lands zoned "R4-643": Development Regulations: (a) Maximum Lot N/A. Coverage (b) Minimum Front Yard 4.5 metres to a dwelling unit and 6.0 metres to an attached garage. (c) Minimum Side Yard 1.2 metres, except on a corner lot the minimum side yard abutting a street shall be 3.0 metres. (d) Minimum Rear Yard 7.5 metres, except where the rear yard abuts the Ministry of Transportation right-of-way the minimum rear yard setback for all buildings and structures shall be 14 metres in conjunction with a berm. (e) Maximum Front Yard 0.9 metres. and Rear Yard APPENDIX A (262) Encroachment of a Bay Window: (f) All other provisions of the Residential "R4" Zone apply. RM2-644 That notwithstanding the provisions of Paragraph (b), (d), (e), (f), (g), and (12-084) (m) of Sub-section 15.2 "Regulations" of Section 15: Residential Multiple "RM2" Zone, Schedule "C", the following special provisions shall apply to the lands zoned "RM2-644": Development Regulations: (a) Minimum Lot Area 1,200 square metres for total parcel area; and 240 square metres per dwelling unit. (b) Minimum Lot 7.0 metres for an interior lot and 8.1 metres Frontage for all other lots. (c) Maximum Lot N/A. Coverage (d) Minimum Front Yard 4.5 metres to dwelling unit and 6.0 metres to an attached garage. (e) Minimum Side Yard 1.2 metres for a dwelling end unit which does not abut a flanking street, and for a dwelling unit abutting a flanking street the minimum side yard shall be 3.0 metres. (f) Minimum Rear Yard 7.5 metres, except where the rear yard abuts the Ministry of Transportation right-of-way the minimum rear yard setback for all buildings and structures shall be 14 metres in conjunction with a berm. (g) Setback from N/A. Detached Dwellings (h) Total Number of 36 units Townhouse Dwellings (i) All other provisions of the Residential Multiple "RM2" Zone apply. RM2-645 That notwithstanding the provisions of Paragraphs (a), (b), (c), (d), (e), (f), (12-084) (i), and (m) of Sub-section 15.2 "Regulations", of Section 15: Residential Multiple "RM2" Zone, the following special provisions shall apply to the lands zoned "RM2-645": APPENDIX A (263) Development Regulations: (a) Minimum Lot Area 1,400 square metres for total parcel area, and 192 square metres for an interior lot dwelling, and 270 square metres for all other dwelling units. (b) Minimum Lot 7.0 metres for an interior lot, and 8.2 metres Frontage for all other lots. (c) Minimum Lot Depth 28 metres. (d) Maximum Lot N/A. Coverage (e) Minimum Front Yard 4.5 metres to a dwelling unit and 6.0 metres to an attached garage. (f) Minimum Side Yard 1.2 metres for a dwelling end unit which does not abut a flanking street, and for a dwelling unit abutting a flanking street the minimum side yard shall be 3.0 metres. (g) Minimum 25% per dwelling unit. Landscaping (h) All other provisions of the Residential Multiple "RM2" Zone apply. R5-646 That notwithstanding the provisions of Paragraphs (b), (c), (d), (e), and (h) (12-084) of Sub-section 13.2 "Regulations" of Section 13: Residential "R5" Zone, and the provisions of Paragraphs (a) and (d) of Sub-section 7.12 "Yard Encroachments", the following special provisions shall apply to the lands zoned "R5-646": Development Regulations: (a) Minimum Lot 10 metres, except for a corner lot the Frontage minimum lot frontage shall be 11.8 metres. (b) Maximum Lot N/A. Coverage (c) Minimum Front Yard 4.5 metres to a dwelling unit and 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 APPENDIX A (264) 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 1.2metres. A 0.6 metre side yard setback shall not be permitted adjacent to any side lot line less than 1.2 metres. Except on a corner lot, the minimum side yard abutting a street shall be 3.0 metres. (e) Parking Driveways shall occupy no more than 60 percent of any front yard of a lot with a frontage less than 12 metres. For all other lots, a driveway shall occupy no more than 50 percent of any front yard. (f) Maximum Exterior 1.5 metres. Side Yard Encroachment of an Unenclosed Porch: (g) Maximum Front Yard 0.9 metres. Exterior Side Yard, and Rear Yard Encroachment of a Bay Window (h) Notwithstanding the provisions of Section 7.12 a) and d), if the combined interior side yard between dwellings is less than 2.4m, no encroachments are permitted. (i) All other provisions of the Residential "R5" Zone apply. R5-647 That notwithstanding the provisions of Paragraphs (c), (d), (e), and (f) of (12-084) Sub-section 13.2 "Regulations" of Section 13: Residential "R5" Zone, and the provisions of Paragraphs (a) and (d) of Sub-section 7.12 "Yard Encroachments", the following special provisions shall apply to the lands zoned "R5-647": Development Regulations: (a) Maximum Lot N/A. Coverage (b) Minimum Front Yard 4.5 metres to a dwelling unit and 6.0 metres APPENDIX A (265) to an attached garage. (c) Minimum Side Yard 1.2 metres, except on a corner lot the minimum side yard abutting a street shall be 3.0 metres. (d) Minimum Rear Yard 7.5 metres, except where the rear yard abuts the Ministry of Transportation right-of-way the minimum rear yard setback for all buildings and structures shall be 14 metres in conjunction with a berm. (e) Maximum Exterior 1.5 metres. Side Yard Encroachment of an Unenclosed Porch: (f) Maximum Front Yard 0.9 metres. Exterior Side Yard, and Rear Yard Encroachment of a Bay Window: (g) All other provisions of the Residential "R5" Zone apply. R4-648 That notwithstanding the provisions of Paragraphs (b), (c), (e), and (f) of (12-084) Sub-section 12.2 "Regulations" of Section 12: Residential "R4" Zone, and the provisions of Paragraphs (a) and (d) of Sub-section 7.12 "Yard Encroachments", the following special provisions shall apply to the lands zoned "R4-648": Development Regulations: (a) Minimum Lot 4.0 metres, except on a corner lot the Frontage minimum lot frontage shall be 16 metres. (b) Maximum Lot N/A. Coverage (c) Minimum Side Yard 1.2 metres, except on a corner lot the minimum side yard abutting a street shall be 3.0 metres. (d) Maximum Front Yard 0.9 metres. and Rear Yard Encroachment of a Bay Window APPENDIX A (266) (e) All other provisions of the Residential "R4" Zone apply. R4-649 That notwithstanding the provisions of Paragraphs (a), (b), (c), (e), and (f) (12-084) of Sub-section 12.2 "Regulations" of Section 12: Residential "R4" Zone, and the provisions of Paragraphs (a) and (d) of Sub-section 7.12 "Yard Encroachments", the following special provisions shall apply to the lands zoned "R4-649": Development Regulations: (a) Minimum Lot Area 348 square metres, except on a corner lot the minimum lot area shall be 455 square metres. (b) Minimum Lot 12 metres, except on a corner lot the Frontage minimum lot frontage shall be 15.5 metres. (c) Maximum Lot N/A. Coverage (d) Minimum Side Yard 1.2 metres, except on a corner lot, the minimum side yard abutting a street shall be 3.0 metres. (e) Maximum Exterior 1.5 metres. Side Yard Encroachment of an Unenclosed Porch (f) Maximum Front Yard 0.9 metres. Exterior Side Yard, and Rear Yard Encroachment of a Bay Window (g) All other provisions of the Residential "R4" Zone apply. R4-650 That notwithstanding the provisions of Paragraphs (a), (b), (c), (e), and (f) (12-084) of Sub-section 12.2 "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and the provisions of Paragraphs (a) and (d) of Sub- section7.12 "Yard Encroachments", the following special provisions shall apply to the lands zoned "R4-650": Development Regulations: (a) Minimum Lot Area 380 square metres, except for a corner lot the minimum lot area shall be 400 square metres. APPENDIX A (267) (b) Minimum Lot 12 metres, except for a corner lot the Frontage minimum lot frontage shall be 13.8 metres. (c) Maximum Lot N/A. Coverage (d) Minimum Side Yard 1.2 metres, except on a corner lot the minimum side yard abutting a street shall be 3.0 metres. (e) Maximum Exterior 1.5 metres. Side Yard Encroachment of an Unenclosed Porch (f) Maximum Front Yard 0.9 metres. Exterior Side Yard, and Rear Yard Encroachment of a Bay Window (g) All other provisions of the Residential "R4" Zone apply. RM2-651 That notwithstanding the provisions of Sub-sections 3.49 and 3.132, Sub- (12-157) section 7.14 (a)(i), (ii), (vi), (vii), (viii), (ix), (xv), and (xvii), Sub-section 9.5, Sub-section 9.3(b), Sub-section 15.1, and Sub-section 15.2 (a), (b), (c), (d), (e), (f), (g), (j), (k), and (m), the following special provisions shall apply to the lands zoned "RM2-651": 1. PERMITTED USES (a) Street townhouses. (b) Street townhouses fronting onto a condominium road. (c) Condominium Road with Parking and Landscaping. (d) Use, buildings, and structures accessory to the uses described in the above Sub-sections (a) or (b). 2. REGULATIONS (a) Minimum LotArea: 7,600 sq. m. total parcel area; 160 sq. m. per dwelling unit. (b) Minimum Lot Frontage: 7.5 metres on a condominium Road. APPENDIX A (268) (c) Minimum Lot Depth: 23.0 metres. (d) Maximum Lot Coveraqe: 55 percent. (e) Minimum Setback from 3.0. metres to a front wall, and a Private internal Roadway: 5.8 metres to an attached garage. (f) Minimum Side yard: 1.75 metres for a dwelling end unit. (g) Minimum Yard Abutting Kitty 6.0metres. Murray Lane: (h) Minimum RearYard: 5.9 metres. (i) Maximum Building Height: 10.5 metres. (j) Minimum Plantinq Strip: Notwithstanding the other provisions of Sub-section 15.2, where the boundary of a Multiple Residential "RM2- 651" Zone adjoins lands zoned Existing Residential "ER-588", a planting strip of a minimum 2.9 metre width adjoining such property shall be provided and maintained. (k) Minimum Setbacks from Detached Dwellings: 6 metres from the rear lot line of a detached dwelling to parking spaces, dwelling units, and accessory buildings. (l) Minimum Roadway Width: 6.0 metres. (m) Notwithstanding any provisions or definitions to the contrary, legal frontage for a street townhouse shall be permitted on a common element condominium road. (n) The lot line fronting onto a common element condominium road shall be considered the front lot line. In the case where two lot lines abut a common element condominium road, the shorter of the two shall be considered the front lot line. APPENDIX A (269) (o) For the purposes of this By-law, the definition of "Street" shall include private condominium roads. (p) A minimum of 0.5 visitor parking spaces per unit within a condominium driveway shall be provided and maintained. (q) The provisions of Paragraph (b), Sub-section 9.3, "Air Conditioning Units and Heat Pumps", shall not apply. (r) The provisions of Sub-section 9.5, "Privacy Screens", shall not apply. (s) Sub-section 15.2, Paragraph (k), "Dwelling Unit Placement", shall not apply. R3-652 That notwithstanding the provisions of Paragraph (c) of Sub-section 11.3.2 (12-177) "Regulations" and Paragraph (f) of Sub-section 11.1.2 of Section 11: Residential "R3" Zone, Schedule "C", and the provisions of Paragraph b) Sub-section 7.14 "Parking and Loading", the following special provisions shall apply to the lands zoned "R3-652": Development Regulations: a) Minimum Side Yard: 3 metres westerly side yard and 1.5m easterly side yard, except on an interior lot where no attached carport or attached garage is provided, the side yard on one side shall be 4.5 metres. b) Minimum Rear Yard: 9 metres. c) Minimum Number of Parking Spaces: 4 Parking Spaces per Dwelling Unit of which not more than two spaces can be tandem parking spaces. d) All other provisions of the Residential "R3" Zone apply. H-A-654 The 'H' Holding prefix shall be lifted from the "H-A-654" Zone once the (12-266) following conditions have been completed: (16-185) Removal of Holding Provision: (i) A draft plan of subdivision has been approved for the development of the subject lands, which includes a municipal road and full municipal services, and is consistent with the approved Ancaster Meadowlands Neighbourhood IV Secondary Plan, to the satisfaction of the Manager of Development Planning; APPENDIX A (270) (ii) Springbrook Avenue has been fully urbanized, including, but not limited to, municipal storm and sanitary sewers, and the owner has paid the City of Hamilton their fair share of the as-constructed costs of the works, less over-sizing, for the full frontage of both the subject lands and the lands at 446 Springbrook Avenue, to the satisfaction of the Manager of Engineering Design; and, (iii) The owner of the subject lands has provided a sanitary sewer service to 446 Springbrook Avenue, and ensured that the existing home has been connected, and the existing septic system/water wells have been satisfactorily decommissioned; all to the satisfaction of the Manager of Engineering Design. City Council may remove the (H) symbol, and thereby give effect to the "A- 654" Zone, by enactment of an amending By-law once the above conditions have been fulfilled. C3-655 "C3-655" That notwithstanding the provisions of Section 22 General (15-114 Commercial "C3" Zone. and 7,14 of Section 7: General Provisions, the OMB following special provisions shall apply to the lands zoned "C3-665", Approval) described as 125 Wilson Street East: 1.0 Permitted Uses: Notwithstanding Section 22.1, the only permitted uses are a Business Office and Medical.Clinic with a maximum of four practitioners and a maximum of one (1) vehicular access to Wilson Street East. 2.0 Regulations: Notwithstanding Sections 22.2, the following provisions apply: (a) Maximum Floor Area: 500 square metres (b) Minimum Front Yard: 4.8 metres (c) Minimum Setback from Centreline of Wilson Street East to Front Wall of Principal Building: 14.0 metres (c) Minimum Side Yard Abutting Residential Zone: 1.7 metres (d) Minimum Side Yard. Abutting a Non-Residential Zone: 3.8 metres APPENDIX A (271) 3.0 Parking: Notwithstanding Section 7.14, the following provisions apply: (a) Business Office: 1 parking space for every 25 square metres of floor area (b) Planting Strip abutting Wilson Street East: Where a parking area which is required to provide for more than four parking spaces abuts a street, a permanently maintained planting strip of a minimum width of 1.5 metres shall be provided along the street line, and it shall be continuous except for aisles or driveways required for access to such parking area. For the purposes of this section, walkways; light standards, masonry piers; and signage are permitted within the planting strip. (c) Planting Strip abutting Non-Resldential Zone: For the purposes of this section, walkways; outdoor patio area; retaining walls; light standards; and a portion of a maximum of four parking spaces and a portion of the access driveway are permitted within the planting strip. H-RM6-658 Deleted and replaced by (19-042-LPAT) (14-160) H-RM6-659 The following special provisions shall apply to thelands zoned "H-RM6 (14-312 659": OMB Order) Permitted Uses Apartment buildings and uses, buildings and structures accessory thereto Block Townhouses General Zone Provisions APPENDIX A (272) For the purposes of this by-law, the rear lot line shall be deemed to be only northerly property line having a length of 103 m. All other lot lines with the exception of the lot lines which are along Garner Road West shall be deemed to be side lot lines. The following provisions shall apply to the development of lands on property zoned H-RM6-659 Zone: General Zoning Provisions: (a) Minimum Lot Area: 1.8 ha. (b) Maximum Lot Area: 1.9 ha. (c) Maximum Density: 85 units per hectare. (d) Minimum Landscaping: 32% (including an amenity area having a minimum area of 350 square metres) (e) Minimum Width of an internal (private road): 6.0m (f) Minimum Parking Space 2.6 m x 5.5 m. Dimensions: (g) Maximum Building 35% Coverage: (h) Minimum Planting Strip A minimum 1,0 m planting Abutting an At-Grade strip and fencing shall be Parking Area: provided along the northerly property line for visitors parking. (i) Off-StreetParking: In accordance with the regulations contained below. (j) All other zone provisions of Section 7 shall apply. Regulations for Apartment Bulldings The following special zoning provisions shall apply for the development of an apartment building on the property: (a) Minimum Side Yard: 4.5 m from building and 0m from an underground parking ramp or retaining wall, APPENDIX A (273) (b) Yard Encroachments for Balconies or open stairways may Balconies into Side Yards: roject into the easterly rear yard not more than 2.0 m. (c) Minimum Rear Yard: 11.0 m from the rear property line. (d) Maximum Building Height: 17 m and 4.5 storeys. (e) Minimum Parking: 1.45 spaces per dwelling unit including 0.25 spaces per unit for visitors, (f) Children's Play Area: Does not apply. (g) Building Separation: An apartment building shall not be closer than 9.0 m to a townhouse dwelling unit on the same lot, Regulations for Block Townhouses The following special zoning provisions shall apply for the development of block townhouses on the property: (a) Minimum Front Yard: 2.5 m from road, and Schedule "C" setback requirements shall not apply. (b) Minimum Rear Yard: 7.0m. (c) Minimum Side Yard: 2.5 m where a side elevation abuts a side lot line and 7.0 m where a rear elevation abuts a side lot line. (d) Maximum Building Height: 14m and 3.5 storeys. (e) Minimum Planting Strip: Where a block townhouse is situated along a property line, a minimum 1.0m planting strip and fencing shall be provided. (f) Minimum Privacy Area: Each unit shall have a private amenity Area. (g) Unit Placement: No more than 9 dwelling units shall be attached in a continuous row. (h) Minimum Parking: 2 spaces per dwelling unit which shall APPENDIX A (274) include the driveway and within an attached garage, plus 0.25 spaces per unit for visitors. (i) Children's Play Area or Refer to Provision (d) of General Communal Open Space: Zoning Provisions. (j) Building Separation: A townhouse building on the same lot in accordance with the following distance requirements: i) Facade to End Wall- 14m ii) End Wall to End Wall- 2.4m iii) Rear Wall to Rear Wall- 12m (k) Setback Below Grade 0m from a side yard and rear yard Parking Structure: (18-142) Removal of Holding Provision: The "H" symbol may be removed from the "H-RM6-659" Zone once the following conditions have been completed: a) A stage 2 archaeological assessment shall be submitted and approved to the satisfaction of the Ministry of Culture and Director of Planning, City of Hamilton; b) A Development Agreement shall be entered into with the City for the extension of the sanitary sewer at the intersection of Shaver Road and Garner Road West to the satisfaction of the Senior Director, Growth Management; c) The owner shall provide payment for the owner's fair share for the existing sanitary sewer constructed within the intersection of Garner Road West and Shaver Road based on as-constructed costs to the satisfaction of the Senior Director, Growth Management; and, d) A Development Agreement shall be entered into with the City to allow for the temporary connection and provide for future re-routing of the sanitary sewer to the satisfaction of the Senior Director, Growth Management. RM5-660 That notwithstanding the provisions of Sub-sections 3.82, 3.83, 3.84, 3.86, (14-177) 3.132, Sub-sections 7.14 (a)(i), 7.14 (a)(ii) and 7.14 (xv), Sub-section 18.1, and Subsection 18.2 (b), (f), (g), (h), (i), (j), (k), (m), and (o) of Zoning By- APPENDIX A (275) law No. 87-57, the following special provisions shall apply to the lands zoned "RM5-660": PERMITTED USES (a) Multi-plex dwellings and block townhouses and uses, buildings and structures accessory thereto, and that at least 50% of all individual dwelling units shall be Multi-plex dwellings. REGULATIONS That all regulations of Section 18.2 of Zoning By-law No. 87-57, as amended by this By-law, shall apply to both Multi-plex dwellings and block townhouses. 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 John Frederick Drive shall be deemed to be a front lot line; the westerly lot line shall be deemed to be a rear lot line; and, that the northerly and southerly lot lines shall be deemed to be side lot lines. For the purpose of the regulations contained in Sections 3, 5, 6, 7, 9 and 18 of Ancaster Zoning By-law No. 87-57/ as amended by this By-law, the boundary of the "RM5-660" Zone shall be deemed to be the lot lines for this purpose, and the regulations of the "RM5-660" Zone, including, but not limited to, lot area, density, lot frontage and depth, lot coverage, minimum yards, minimum landscaping and planting strips, parking, children's play areas, accessory buildings, building separation, etc., shall be from the boundaries of this zone, and not from individual property boundaries of dwelling units created by registration of a condominium plan or created by Part Lot Control. (b) Maximum Density: 57 units per hectare. (f) Minimum Front Yard: 2.4 metres except 0.6m from the hypotenuse of a daylight triangle. (g) Minimum Side Yards: 1.2 metres. (h) Minimum RearYard: 6.0. metres. (i) Maximum Height: 12.6 metres (3-storeys). (j) Minimum Landscaping: 26 percent of the lot area. APPENDIX A (276) (k) Planting Strip: Not required along front and rear lot lines and 3 metres (2.7 metres where a dwelling unit is located) in width along the side lot lines. (m) Children's PlayArea: Not required. (o) Building Separation: 2.4 metres between buildings. (p) That notwithstanding Subsection 7.14 of Zoning By-law No. 87-57, that a minimum of 2 parking spaces per dwelling unit plus 0.5 visitor parking spaces per dwelling unit be provided and maintained. (q) That notwithstanding Subsection 7.14 (xv) of Zoning By-law No. 87- 57, a planting strip of a minimum width of 1.5 metres shall be provided and maintained where a parking area providing for more than four vehicles abuts a 10t containing a dwelling comprising one or two dwelling units. RM2-661 That notwithstanding the provisions of Sub-section 15.2 and Schedule "C" (14-177) of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "RM2-661": (a) That all Development Regulations of the "RM2-644" Zone shall apply except: (b) A minimum lot area of 970 square metres for total parcel area and 210 square metres per dwelling unit shall be provided and maintained; (c) That no maximum total number of townhouse dwellings shall apply; and, (d) That notwithstanding Sub-Section 15.2(k)(ii) of Zoning By-law No. 87-57, that not more than five attached dwelling units shall be erected in a row without offsetting or staggering the front face or wall of the dwelling a minimum of 1 metre or without varying the exterior design and materials of the front face or wall of the dwelling unit. R2-662 The following special provisions shall apply to the lands zoned "R2- (15-099) 662": Permitted Uses Single Detached Dwellings having frontage onto a common element road APPENDIX A (277) General Zone Provisions For the purposes of the "R2-662" Zone, the following definitions shall apply: - A "lot" shall mean a unit of land created by plan of condominium that fronts onto a common element road. - A "street" shall mean a common element road. For the purposes of the "R2-662" Zone, the following shall also apply: - For development along a condominium road, the rear lot line for a lot abutting Block "2", (a private servicing block zoned "P5, 466") and the adjoining interior lot, shall mean, the southerly lot line. - The rear lot line for all other lots shall be the lot which abuts the "P5" Zone. The following provisions shall apply to the development of lands on property zoned "R2-622" Zone: (a) Minimum LotArea: 700 square metres. (b) Minimum Lot Frontage: 18 metres. (c) Minimum Front Yard: 7.5 m, except that a lot along the southerly side of a private road and the end of a private road (Lots 1, 2 and 3) may have a minimum front yard of 6.0 m. (d) Minimum Side Yard: 1.8 m, except that a lot abutting the R2 Zone at the end of a private cul de sac shall require a minimum side yard of 3.5 m along the common boundary. (e) Minimum Rear Yard - 7.5 m (f) Maximum Lot Coverage 35% (g) Minimum Width of a Paved Condominium Road 9 m (h) Maximum Building Height - 10.5 m (i) All other zone provisions of Section 7 shall apply R4-663 Notwithstanding the provisions of Paragraphs (a), (c), (d), (e), and (f) of (15- 209) Subsection 12.2 "Regulations" of Section 12.2: Residential "R4" Zone, Schedule "C" and the provisions of Paragraphs (a) and (d) of Section 7.12: "Yard Encroachments" and the provisions of Section 7.13: "Special APPENDIX A (278) Setbacks", the following special provisions shall apply to the lands zoned "R4-663": Regulations: a) Minimum Lot Area 360 square metres c) Maximum Lot Coverage 45 percent d) Minimum Front Yard 4.5 metres to the dwelling unit; 6.0 metres to an attached garage e) Minimum Side Yard 1.2 metres, except on a corner lot, the minimum side yard abutting a street shall be 4.5 metres, except 6.0 metres to an attached garage or attached carport f) Minimum Rear Yard 7.0 metres g) An unenclosed porch is permitted to encroach 2.0 metres into a required front yard and 2.0 metres into a required flankage yard, and the steps of a porch are permitted to encroach 0.6 metres in addition to the porch encroachment. Notwithstanding this provision, no encroachment shall be permitted within 0.6 metres of any lot line. h) A chimney, belt courses, sills, cornices, chimney breasts, decorative brick facing, pilasters, alcoves, windows, fireplaces, or other architectural features, with or without foundations, are permitted to encroach 0.6 metres into a required yard. Notwithstanding this provision, no encroachment shall be permitted within 0.6m of any lot line. i) Bay windows and other types of windows, with or without foundations, are permitted to encroach 1.0 metres into a required front, exterior side, or rear yard. Notwithstanding this provision, no encroachment shall be permitted within 0.6 m of any lot line. j) Balconies are permitted to encroach 2.0 metres into a required front, exterior side, or rear yard. Notwithstanding this provision, no encroachment shall be permitted within 0.6 m of any lot line. k) All other yard encroachments are subject to Subsection 7.12 of Zoning By-law No. 87-57. C1-664 Notwithstanding any provisions to the contrary of Section 22 - (15- 244) Neighbourhood Commercial "C1" Zone or any other section, of Zoning By- APPENDIX A (279) law No. 87-57 (Ancaster), the lands zoned C1-664, described as 72 Wilson Street East, shall be subject to the following: Permitted Uses a) Minimum Lot Area 905 sq.m. b) Minimum Lot Frontage 22.5 m c) Maximum Lot Coverage 35% d) Minimum Front Yard 4.0m e) Minimum Side Yard 1.5 m f) Minimum Rear Yard 12.5 m g) Maximum Height 10.5 m h) Parking Provisions of Subsection 7.14 shall apply i) Professional office space and/or a driving school, listed above, shall be limited to a maximum gross floor area of 96.0 square metres. j) Notwithstanding Sub-section 7.14(a)(xv) of the General Provisions Section, a planting strip shall be maintained where the parking lot area abuts a residential use and shall have a minimum width of 2.5 metres along the easterly and westerly lot lines and a minimum width of 3.0 metres along the rear southerly lot line. k) A visual barrier measuring 1.8 metres in height shall be provided and maintained along the side and rear lot lines, and shall be permitted within a planting strip. l) New stand-alone commercial buildings shall be subject to: i) Commercial uses shall not exceed a total gross floor area of 500 square metres; and, ii) Buildings shall be a minimum of height of two storeys. H-R4-663 That notwithstanding the provisions of Sub-section 12.2 (15-268) "Regulations" of Section 12: Residential "R4" Zone, Schedule "C", and the Provisions of Section 7.12, "Yard Encroachments", and Section 7.13, "Special Setbacks", of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "R4-663": Regulations That all Development Regulations of the "R4" Zone shall apply except: APPENDIX A (280) (a) Minimum Lot Area 350 square metres, except on a corner lot the minimum lot area shall be 400 square metres. (b) Minimum Lot Frontage 12 metres, except on a corner lot the minimum lot frontage shall be 15 metres. (c) Maximum Lot Coverage 55 percent. (d) Minimum Front Yard 3.0 metres to a dwelling and 6.0 metres to an attached garage. (e) Minimum Side Yard 1.2 metres, except on a corner lot, the minimum side yard abutting a street shall be 3.0 metres but 1.2 metres to a daylighting triangle. (f) Minimum Rear Yard 7.0 metres. (g) An unenclosed porch is permitted to encroach 2.0 metes into a required front yard and 2.0 metres into a required flankage yard. The steps attached to a porch are permitted to encroach 0.6 metres in addition to the porch encroachment. (h) A chimney, belt courses, sills, cornices, chimney breasts, decorative brick facing, pilasters, alcoves, windows, fireplaces, or other architectural features, with or without foundations, are permitted to encroach, to a maximum of half the required yard to a maximum of 0.6 metres. (i) Bay windows and other types of windows, with or without foundations, are permitted to encroach 2.0 metres into required front, exterior side or rear yards. (j) Balconies are permitted to encroach 2.0 metres into a required front, exterior side or rear yard. (19-115) Removal of Holding Provision That the 'H' symbol shall only be removed conditional upon: (a) That the Storm Water Management Facility located within the "Dussin Estates" draft approved plan of subdivision 25T-200710 is completed and that Sprinbrook Avenue has been urbanized from Regan Drive to Stonehenge Drive to the satisfaction of the Senior Director of Growth Management. APPENDIX A (281) RM6-665 (i) That notwithstanding Paragraph 3.20 "Building Height" of Section 3, (15-296) "Definitions" the following definition shall apply: (16-162) 3.20 "Building Height" Means the vertical distance measured from the average finished grade level adjacent to the front elevation of a building to the highest point of the roof structure. (ii) That in addition to Section 3, "Definitions" the following definition shall be added: 3.160 "Grade" With reference to the height of a building or structure, wherever curb- level has been established, shall mean the elevation of curb level opposite the highest point of the building or structure, on a line perpendicular to the street line. (iii) That in addition to the definition of "Planting Strip" within Paragraph 1, of Section 3, "Definitions", hydro vaults, flag poles, signs and/or other similar utility and/or landmark structures shall be permitted within a Planting Strip. (iv) That notwithstanding Paragraphs (c), (f), (g), (h), (i), (j) and (l) of Section 19.2, "Regulations", of Section 19: Residential Multiple "RM6" Zone, and 7.14, "Parking and Loading", of Section 7: General Provisions, the following special provisions shall apply to the lands zoned "RM6-665", described as 153 Wilson Street West: (c) Maximum Density 161 dwelling units per hectare (f) Maximum Lot Coverage 44% (g) Minimum Front Yard 1.5 m (h) Minimum Side A minimum 5.7 m for a rear yard; and Rear Yard a minimum 5.7 m for the east side yard; and, a minimum 9.4 m for the west side yard. (i) Parking 1.75 spaces per unit shall be required, of which 109 parking spaces shall be provided underground with an additional 34 spaces provided as a communal surface parking area. (j) Children's Outside shall not apply. APPENDIX A (282) Play Area (l) Minimum Landscaping 30% (v) That notwithstanding Paragraph (a)(xiii) of Section 7.14, "Parking and Loading", of Section 7 "General Provisions", the following special provision shall apply to the lands zoned "RM6-665", described as 153 Wilson Street West: (xiii) All parking areas required for the accommodation of more than two vehicles shall be constructed with a stable surface of architectural impressed concrete; shall have adequate drainage; and, shall be permanently maintained. (vi) The "H" symbol may be removed at such time as the following has been satisfied: a) That the owner / applicant provide and receive approval of a landscape plan with identified tree species and locations for 153 Wilson Street West and the adjacent lands, known as 173 Wilson Street West, to the satisfaction of the Manager of Development Planning, Heritage and Design. R4-666 That notwithstanding Section 3.82, Section 3.83 and Section 3.84, (16-103) "Definitions", Section 12.1 and Paragraphs (a), (b), (c), (d), and (e) (ii) Section 12.2, "Regulations", of Section 12: Residential "R4" Zone, , the following special provisions shall apply to the lands zoned "R4-666", described as 1261 Mohawk Road: (a) Minimum Lot Area 370 square metres, for any lot (b) Minimum Lot Frontage 12 metres, for any lot (c) Maximum Lot Coverage 42 percent (d) Minimum Front Yard 6 metres (e) Minimum Side Yard 1.2 metres Abutting a Street (f) Prior to Registration of the Plan of Subdivision a maximum of Six (6) detached dwellings are permitted on one lot. After Registration of the Plan of Subdivision the provisions of Section 12.1 Permitted Uses shall apply. (g) That a Rear Lot Line shall mean "the lot line farthest and opposite to the front lot line." APPENDIX A (283) (h) That a Side Lot Line shall mean "any lot line other than a front or rear lot line." (i) With respect to the lot on the east side of the proposed private road (Lot 6 of Draft Plan 25T-201106) the lot line along Mohawk Road shall be the front lot line. (j) That a maximum of one (1) point of vehicular egress / ingress shall be permitted from the limits of the lands shown on Schedule "A." RM2-667 That notwithstanding the provisions of Sub-sections 15.2 (a), (b), (c), (d), (16-066) (e), (f), and (k), Subsection 3.46, Subsection 7.12 (d), and Subsection 7.14, the following special provisions shall apply to the lands zoned "RM2-667": REGULATIONS (a) Minimum Lot Area 145.0 square metres. (b) Minimum Lot Frontage 5.7 metres. (c) Minimum Lot Depth 26.0 metres. (d) Maximum Lot Coverage 53.0 percent. (e) Minimum Front Yard 4.9 metres. (f) Minimum Side Yard 1.2 metres for a dwelling end unit. (k) Unit Placement (i) No more than 8 dwelling units shall be attached within a continuous row. (ii) Not more than 4 dwelling units shall be erected in a row without varying the exterior design and materials of the front face or wall of the dwelling. (n) Maximum Density 45 units per hectare. That Subsection 7.12 (d) "Yard Encroachments" of Section 7 "General Provisions", be deleted and replaced with the following: d) unenclosed porches, balconies, and/or open stairways may project into any minimum required front yard and/or flankage side yard by a distance of not more than 3.15 metres. That Subsection 7.14 (a) (x) "General Provisions" of Section 7 "Parking and Loading" shall not apply. APPENDIX A (284) RM5-668 That notwithstanding Sections 18.1 "Permitted Uses", 18.2 (a), (c), (d), (e), (15-066) (f), (g), (h), (i), (j), (k), (I), and (o), "Regulations", of Section 18: Residential Multiple "RM5" Zone, Subsection 3.46, Subsection 7.12 (d), and Subsection 7.14, the following special provisions shall apply to the lands zoned "RM5- 668": PERMITTED USES (a) "Dwelling, Block Townhouse" uses, buildings and structures accessory thereto. (b) "Dwelling, Multi-Plex" uses, buildings and structures accessory thereto. REGULATIONS (a) Minimum Lot Area i) 150.0 square metres for a "Dwelling, Block Townhouse". ii) 80.0 square metres for a "Dwelling, Multi-Plex". (c) Minimum Lot Frontage 5.5 metres. (d) Minimum Lot Depth i) 26.0 metres for a "Dwelling, Block Townhouse". ii) 13.0 metres for a "Dwelling, Multi- Plex". (e) Maximum Lot Coverage i) 53 percent for a "Dwelling, Block Townhouse". ii) N/A for a "Dwelling, Multi-Plex". (f) Minimum Front Yard 4.5 metres. (g) Minimum Side Yards i. End Unit not Abutting a Street 1.2 metres. ii. Flankage End Unit Abutting a Street 1.2 metres and 3.0 metres abutting Garner Road East. APPENDIX A (285) (h) Minimum Rear Yard i) 6.5 metres for a "Dwelling, Block Townhouse". (i) Maximum Height 12.6 metres for a "Dwelling, Multi- Plex". (j) Minimum Landscaping i) 30 percent of the lot area (including privacy areas) for a "Dwelling, Block Townhouse". . (ii) N/A for a "Dwelling, Multi-Plex". (l) Parking In addition to the parking requirements of Subsection 7.14 hereof, each dwelling shall have at least one of the two required parking spaces (excluding required visitor parking) within an enclosed building. (o) Building Separation A dwelling shall not be closer to another dwelling in accordance with the following distance requirements: 1. Façade to Façade 15.0 metres 2. Rear Wall to Rear Wall 13.0 metres 3. Façade to End Wall 12.0 metres 4. End Wall to End Wall 2.4 metres That notwithstanding Paragraph 3.46 "Dwelling, Multi-Plex" of Section 3 "Definitions" the following definition shall apply: 3.46 "Dwelling, Multi-Plex" Means a building divided vertically into a minimum of four (4) and a maximum of sixteen (16) side-by-side and/or back-to-back units, with each unit being separated by two or more common walls and each having private entrances to the outside. That Subsection 7.12 (d) "Yard Encroachments" of Section 7 "General Provisions", be deleted and replaced with the following: d) unenclosed porches, balconies, and/or open stairways may project into any minimum required front yard and/or flankage side yard by a distance of not more than 3.15 metres. APPENDIX A (286) That notwithstanding the provisions of Subsection 7.14 (a) (iv), (x), (xv), and (xvi) "General Provisions" of Section 7 "Parking and Loading" the following shall apply: (iv) A parking space is permitted on a private driveway appurtenant to a street or block townhouse dwelling or multi-plex dwelling. (x) Shall not apply. (xv) The words "planting strip of a minimum width of 3 metres" shall be replaced with "landscaped area." (xvi) Shall not apply, save and except for parking immediately adjacent to Garner Road East. That notwithstanding the provisions of Subsection 7.14 (b) (i) (B) "Required Parking Spaces" of Section 7 "Parking and Loading" the following shall apply: (b)(i)(B) Block townhouse and multi-plex dwellings shall require 2 parking spaces, plus 0.5 visitor parking spaces. Notwithstanding any provision to the contrary, visitor parking shall be permitted to be located a minimum of 2.5 metres from a dwelling. Future property and / or unit boundaries created through a Condominium Act or a Planning Act application shall not be subject to this requirement. R3-671 Notwithstanding the provisions of paragraph (c) of subsection 11.1.2 (16-069) "Regulations" of Section 11.1: Residential "R1" Zone, Schedule "C" and the provisions of paragraph (b) of subsection 11.3.2 "Regulations" of Section 11.3: Residential "R3" Zone, the following special provisions shall apply to the lands zoned "R3-671": REGULATIONS (a) Minimum Lot Coverage 37 percent. (b) Minimum Lot Frontage 16.9 metres. C3-673 That notwithstanding Section 3.0 Definitions and Section 22.1, "Permitted (16-116) Uses", of Section 22: GENERAL COMMERCIAL "C3" ZONE, the following special provisions shall apply to the lands Zoned "C3-673", described as 120 and 128 Portia Avenue: (A) Permitted Uses APPENDIX A (287) That notwithstanding Section 22.1, "Permitted Uses", of Section 22: GENERAL COMMERCIAL "C3" ZONE, only the following uses shall be permitted to a maximum aggregate Gross Floor Area of 11,788 square metres: a) Animal Hospital; b) Animal Hospital with outside runs; c) Building Supply Sales; d) Building Supply Sales in wholly enclosed buildings; e) Convenience Retail Store in conjunction with and accessory to a Motor Vehicle Service Station; f) Caterers; g) Conference or Convention Centre; h) Craft and Custom Workshops; i) Home Furnishing Retail Establishment; j) Home Improvement Supply Establishment; k) Hotels; l) Motels, which shall not include a dwelling unit; m) Motor Vehicle Service Stations; n) New and / or Used Motor Vehicle Sales Establishment; o) Parking Areas or Structures; p) Recreational Areas or Uses, including Indoor Miniature Golf Courses and Golf Driving Ranges; q) Recreational Vehicles Sales, Service and Rental; r) Rental Establishments but not including Establishments for the Rental or Repair of Motor Vehicles and / or trailers; s) Rental Establishments or Service Shops; t) Restaurants; and, u) Restaurants, Fast Food. v) Places of Entertainment or recreation within wholly enclosed buildings, except for movie theatre(s). (B) Restricted Uses In addition to the foregoing, the following uses shall be permitted to a maximum Gross Floor Area of 10,525 sq m provided the permitted uses contained in 1.0(A) and 1.0(B) shall not exceed an aggregate Gross Floor Area of 11,788 sq m: a) Banks and Financial Institutions; b) Business and Professional Offices located above the first storey; c) Brewers Retail Stores; d) Personal Service Shops; e) Travel Agencies; f) Farmer's Market; g) Gymnasiums or health clubs excluding body rub parlours; h) Insurance Offices; i) Libraries, Museums and Art Galleries; j) Liquor Control Board of Ontario Stores; and, APPENDIX A (288) k) Uses, buildings, and structures accessory to a permitted use; l) Drugstores; m) Retail Stores; n) Convenience Retail Stores; and, o) Uses, buildings, and structures accessory to a permitted use. (C) Prohibited Uses: That notwithstanding Section 22.1, "Permitted Uses", of Section 22: GENERAL COMMERCIAL "C3" ZONE, that the following uses shall be prohibited: a) Movie Theatre(s); b) Department stores; c) Warehouse Membership Club; and, d) Residential uses. 2.0 Regulations That notwithstanding Items (2); (5); (6); (7); (8); (9); (10); (11); and (13) of Table 2: Regulations of Sub-Section 22.2, "Regulations", of Section 22: GENERAL COMMERCIAL "C3" ZONE, that the following regulations shall apply: (2) Minimum Lot Frontage 30 m (5) Minimum Front Yard 1.5 m, except as per Section 2(v) of this By-law. (6) to (8) Minimum Side Yard 1.5 m, except where an interior side yard abuts a private vehicular turnaround, a 0.0 m side yard shall be permitted. (9) to (11) Minimum Rear Yard 10 m (13) Parking and Loading Parking for all uses shall be provided at a rate of 3.5 spaces for each 93 sq m of Gross Floor Area or part thereof. APPENDIX A (289) That in addition to Table 2: Regulations of Sub-Section 22.2, "Regulations", of Section 22: GENERAL COMMERCIAL "C3" ZONE, that the following regulation shall apply: (15) Minimum Landscape Strip 3.0 m adjacent each lot line which abuts a public street or lot containing a dwelling comprising one or two dwelling units (but shall permit the location of principal buildings, walkways / sidewalks, retaining walls, curbs, signs, and light standards within required landscaping strip). 3.0 Definitions Notwithstanding Section 3.0, the following provisions apply: 3.136.1 "Supermarket" means a store in which various kinds of food and non-food items are offered or kept for sale, including fresh meats and fresh produce, provided that the area devoted to food items is predominant, and the non-food items may include but are not limited to flowers, hardware, patent medicines, toiletries, household supplies, garden supplies, wine, photofinishing, magazines and videos. All other regulations of the General Commercial "C3" Zone shall apply. C3-674 That notwithstanding Sub-Section 22.1, "Permitted Uses" and Item (8) (16-201) Table 2: Regulations of Sub-Section 22.2, "Regulations", of Section 22: GENERAL COMMERCIAL "C3" ZONE, Items (2) and (5) of Sub-Section 7.14a)ix), Sub-Sections 7.14a)xv), and 7.14a)xvi), General Provisions of "Parking and Loading" of Section 7: GENERAL PROVISIONS, and Sub- Section 3.111 of Section 3: DEFINITIONS that the following regulations shall apply: Permitted Uses: Notwithstanding Section 22.1, on the lands zoned C3-674, permitted uses shall be limited to the following: APPENDIX A (290) (a) Medical clinics; and, (b) Professional and Business Offices. Regulations: (a) Minimum Westerly Side Yard 2.1 m (b) Minimum Easterly Side Yard 6.0 m (c) Parking Space in Relation to The Street Minimum 1.4 m (d) Minimum Easterly Setback of a Parking Area to a Residential Zone 1.1 m (e) Minimum Westerly Setback of a Parking Area to a Residential Zone 1.2 m (f) Minimum Planting Strip for a Parking Area abutting a Street Or Residential Zone 1.1 m Definitions: "Planting Strip" Means a strip of land within a required yard, located so as to act as a buffer and devoted solely to the growing of ornamental shrubs and/or trees and may also contain a walkway. RM4-676 That notwithstanding Subsections 17.2a), b), e), f), g), h), i), j), k), n), and p) (16-202) of Section 17: RESIDENTIAL MULTIPLE "RM4" ZONE, Items (1) and (4) of Sub-Section 7.14a)ix), Sub-Section 7.14a)xv), General Provisions of "Parking and Loading" of Section 7: GENERAL PROVISIONS, and Sub-Section 3.111 of Section 3: DEFINITIONS, the following regulations shall apply: Regulations: (a) Minimum Lot Area 0.24 ha (b) Maximum Density 42 units per ha (c) Maximum Lot Coverage 35% (d) Minimum Front Yard 3.0 m (e) Minimum Rear Yard 6.0 m APPENDIX A (291) (f) Minimum Side Yard 2.1 m (g) Maximum Height 11.0 m (h) Minimum Landscaping 40% (i) Minimum Planting Strips 3.0 m wide planting strip abutting a front or rear yard and 1.4 m wide planting strip abutting a side yard (j) Minimum Privacy Area 33 sq m per unit (k) Children's Play Area No Children's Play Area shall be required (l) Building Separation 2.5 m from End Wall to End Wall (m) Location of Parking Space 3.0 m from Front Lot Line (n) Location of Parking Space 2.8 m from a detached residential Zone (o) Planting Strips Abutting Parking 1.4 m wide planting strip abutting a lot containing one or two dwelling units (i) That notwithstanding Paragraph 3.111 "Planting Strip" of Section 3, "Definitions" the following definition shall apply: 3.111 "Planting Strip" Means a strip of land within a required yard, located so as to act as a buffer and devoted solely to the growing of ornamental shrubs and/or trees and may also contain a decorative masonry wall and / or walkway. RM5-677 That notwithstanding the provisions of Sub-sections 3.82, 3.83, 3.84, 3.86, (16-220) 3.132, Sub-sections 7.14 (a)(i), 7.14 (a)(ii) and 7.14 (xv), Sub-section 18.1, and Sub-section 18.2 (b), (f), (g), (h), (i), (j), (k), (m), and (o) of Zoning By- law No. 87-57, the following special provisions shall apply to the lands zoned "RM5-677": PERMITTED USES (a) Multiple dwellings, multi-plex dwellings, stacked townhouses, block townhouses, maisonettes and uses, buildings and structures accessory thereto. REGULATIONS APPENDIX A (292) That all regulations of Section 18.2 of Zoning By-law No. 87-57, as amended by this By-law, shall apply to all permitted uses. That all regulations of Section 2(2) of the "RM5-660" Zone, contained in By-law No. 14-177 shall apply except: (b) Maximum Density: 70 units per hectare RM5-678 That notwithstanding the provisions of Sub-sections 3.82, 3.83, 3.84, 3.86, (16-220) 3.132, Sub-sections 7.14 (a)(i), 7.14 (a)(ii) and 7.14 (xv), Sub-section 18.1, and Sub-section 18.2 (b), (f), (g), (h), (i), (j), (k), (m), and (o) of Zoning By- law No. 87-57, the following special provisions shall apply to the lands zoned "RM5-678": PERMITTED USES (a) Block townhouses and uses, buildings and structures accessory thereto. REGULATIONS That all regulations of Section 2(2) of the "RM5-660" Zone, contained in By-law No. 14-177 shall apply except that for the purposes of this By-law, the property line abutting John Frederick Drive shall be deemed to be a front lot line; the easterly lot line shall be deemed to be a rear lot line; and, that the northerly and southerly lot lines shall be deemed to be side lot lines; and, except: (b) Maximum Density: 37 units per hectare H-R3-679 That development shall be in accordance with the Residential "R3-626" (16-309) Zone, Modified. (18-045) Removal of Holding Provision: The "H" symbol may be removed at such time as the following has been satisfied: a) That the owner / applicant enter into a Development Agreement with the City of Hamilton, to the satisfaction of the Manager of Engineering Approvals; and, b) That the owner / applicant receive approval of a Tree Protection Plan, to the satisfaction of the Manager of Development Planning, Heritage and Design. APPENDIX A (293) C1-680 Notwithstanding any provisions to the contrary of Subsection 3, Definitions (16-329) Subsection 7.14(b), Parking Requirements; Subsection 22.1, Permitted Uses of Neighbourhood Commercial "C1" Zone; and Subsection 22.2, Regulations of Section 22: Neighbourhood Commercial "C1" Zone, the following additional uses and special provisions shall apply: Permitted Uses: − Animal Hospital − Banks and Financial Institutions − Business and Professional Offices − Caterers − Craft and Custom Workshop − Child Care Centres − Establishments providing Education or Instructional Services − Fast Food Restaurant, excluding Drive-In Restaurants − Gymnasiums or Health Clubs excluding Body Rub Parlours − Medical Clinic − Medical and Dental Laboratories − Personal Service Shop − Printing Establishment − Restaurant − Retail Store, except that adult-oriented video rental outlets and similar retail outlets shall not be permitted − Service Shop − Sub-Post Office Definitions: For the purpose of this by-law, "Sub-Post Office" - means a Government of Canada postal sub-station or a commercial parcel pick-up and delivery service. Development Regulations: (a) A Fast Food Restaurant shall not exceed more than 40% of the total gross floor area; (b) Gymnasiums or Health Clubs, excluding Body Rub Parlours, shall not exceed more than 40% of the total gross floor area; (c) A Medical Clinic shall not exceed more than 40% of the total gross floor area; (d) Medical and Dental Laboratories shall not exceed more than 35% of the total gross floor area; APPENDIX A (294) (e) A Restaurant shall not exceed more than 25% of the total gross floor area; (f) A minimum of 1 parking space for every 22 square metres of gross floor area for all permitted uses shall be provided; and, (g) The outdoor storage and display of goods, products or materials shall not be permitted. ER-682 That, notwithstanding the provisions of Paragraphs (a), (c), (d), (e) and (g) (17-032) of Subsection 10.2 Regulations of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "ER-682": (a) Minimum Lot Area 535 square metres. (b) Maximum Lot Coverage 40 percent. (c) Minimum Front Yard 6.0 metres. (d) Minimum Side Yard 1.5 metres, except on a corner lot the minimum side yard abutting a street shall be 4.5 metres. (e) Maximum Height 11.5 metres. ER-683 That, notwithstanding the provisions of Paragraphs (a), (c), (d), (e) and (g) (17-032) of Subsection 10.2 Regulations of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "ER-683": (a) Minimum Lot Area 535 square metres. (b) Minimum Front Yard 4.5 metres. (c) Minimum Side Yard 1.5 metres, except for the northerly side yard. (d) Maximum Height 11.5 metres. RM6-685 (i) That notwithstanding the provisions of Subsections 19.2 (a), (c), (e), (f), (g), (18-245- (h), (i), (j), (l), (m), of the Residential Multiple "RM6" Zone, Section 7.11, LPAT) and the provisions of Section 7.14: Parking and Loading of Zoning By-law No. 87-57 of the Town of Ancaster, the following regulations shall apply: Regulations: a) Minimum Lot Area 0.44 hectares b) Maximum Density 91 units per hectare c) Minimum Lot Depth 52.0 metres APPENDIX A (295) d) Maximum Lot Coverage 49.2 percent e) Minimum Front Yard 3.0 metres f) Minimum Side Yard 3.0 metres g) Minimum Rear Yard 13.8 metres h) Parking Notwithstanding Sections 19.2(i) and 7.14(b) (i) (C), the required parking spaces shall be as follows: Dwelling Unit and Visitor Parking - 1.63 plus 0.33 visitor parking spaces per dwelling unit i) Children's Outside Play Area No Children's Outside Play Area shall be required j) Maximum Height 3 storeys and 12.6 metres k) Minimum Landscaping 26.5 percent l) Minimum Planting Strips 3.0 metres wide planting strip abutting the west side yard, except where a Ground Grid and Transformer and associated walkway are located. m) No direct access to Dalley Drive will be permitted. A maximum of 1 driveway will be permitted from Wilson Street East. Notwithstanding the definitions of "Lot", "Lot Area" and "Lot Coverage" within Paragraphs 3.75, 3.76 and 3.78 of Section 3, "Definitions", for the purposes of this section the Maximum Density, Maximum Lot Coverage, and Minimum Landscaping shall be calculated on that portion of the subject lands located in the RM6-685 Zone and having an area of 0.210 hectares within the RM6-685 Zone. That in addition to the definition of "Planting Strip" within Paragraph 3.111, of Section 3, "Definitions", concrete planters shall also be permitted within a Planting Strip. (ii) That notwithstanding Subsection 7.14 (a) (v), "Parking and Loading" of Section 7 "General Provisions", the following shall apply: a) A maximum of five (5) parking spaces located within the below-grade parking area may be obstructed by other parking spaces (i.e. tandem parking) APPENDIX A (296) (iii) In addition to Subsection 7.14, "Parking and Loading" of Section 7 "General Provisions", the following shall apply: a) Location of Parking Space 3.0 metres from Front Lot Line R5-688 For the purposes of this by-law the boundaries of 121 Fiddler's Green Road (17-181 (Ancaster) shall be deemed to be the lot lines, and regulations including but OMB Order) not limited to lot area, lot frontage, lot coverage, and building setbacks, landscaped areas, parking requirements, and accessory buildings, shall be from the exterior boundaries of 121 Fiddler's Green Road (Ancaster) and not from individual properties or boundaries created by registration of a condominium plan or created by a Planning Act application. That notwithstanding Sections (d), (e), and (f) of Section 13: Residential "R5" Zone, the following regulations shall apply: Regulations: (d) Minimum Front Yard to Fiddler's Green Road: i) 4.13 metres; (e) Minimum Side Yard: i) Northerly Side Yard: a) 1.27 metres for the unit which has frontage on Fiddler's Green Road. b) 6.03 metres for all other units ii) Southerly Side Yard: 11.07 metres iii) Setbacks between buildings: 2.50 metres (f) Maximum Rear Yard: 1.26 metres (k) For the purposes of this by-law a maximum of five (5) single detached dwelling units shall be permitted on the subject lands. (l) For the purposes of this by-law Section 7.13 (a) shall not apply to those units that do not have frontage on Fiddler's Green Road. (m) For the purposes of this by-law Section 13.2 (c) shall not apply. (n) For the purposes of this by-law Section 13.2 (a) and (b) shall apply to APPENDIX A (297) each individual unit on the subject lands. R3-689 Regulations: (17-221) (i) That notwithstanding the provisions of Subsection 11.1.2, (d), (e) and (f), (17-221) and Subsection 11.3.2 (a), the following special provisions shall apply to lands zoned "R3-689": (a) Minimum Lot Area 560 square metres (d) Minimum Front Yard 6.4 metres (e) Minimum Southerly Side Yard 9.0 metres Minimum Northerly Side Yard 2.5 metres (f) Minimum Rear Yard 2.2 metres (ii) That notwithstanding the provisions of Subsections 7.12 (c) and (d) and 9.10 (a), the following special provisions shall apply to lands zoned "R3- 689": (a) Balconies or open stairways or unenclosed porches and decks shall not be permitted within the northerly side yard. RM2-690 That, notwithstanding the provisions of Sections 3.43 and 3.132, Section (18-051) 7.14 (a)(i) and (x), (b)(i)(B), Section 7.12(c) and (d), Section 9.5, Section 9.3(b), Section 15.1, and Section 15.2 (a), (b), (c), (d), (f), (g) and (h), the following special provisions shall apply to the lands zoned "RM2-690" PERMITTED USES (a) Block Townhouse dwellings and uses, buildings and structures accessory thereto shall also be permitted. REGULATIONS (a) Minimum Lot Area: 150 square metres per dwelling unit (b) Minimum Lot Frontage 6.0 metres per dwelling unit (c) Minimum Lot Depth: 25 metres per dwelling unit (d) Maximum Lot Coverage: 55 percent per dwelling unit (e) Minimum Side Yard - External: 1.2 metres Internal: 0.0 metres (f) Minimum Side Yard Abutting Garner Road West 2.5 metres (g) Minimum Rear Yard: 6.0 metres per dwelling unit APPENDIX A (298) (h) Maximum Building Height: 13 metres Frontage on a Condominium Road (i) For the purpose of this By-law, a Common Element Condominium road shall be deemed to be a street, and that visitor parking and landscaping for the dwelling units fronting the common element condominium road are permitted within the common element condominium road. Definition of Front Lot Line (j) The lot line fronting onto a common element condominium road shall be considered the front lot line. In the case where two lot lines abut a common element condominium road, the shorter of the two shall be considered the front lot line. Minimum Required Visitor Parking (k) A minimum of 0.5 visitor parking spaces per unit within a condominium driveway shall be provided and maintained. Encroachment of Air Conditioning Units and Heat Pumps (l) The provisions of Paragraph (b), Sub-section 9.3, "Air Conditioning Units and Heat Pumps", shall not apply. Privacy Screens (m) The provisions of Sub-section 9.5, "Privacy Screens", shall not apply. Dwelling Unit Placement (n) Sub-section 15.2, Paragraph (k), "Dwelling Unit Placement", shall not apply. Definition of Height and Grade (o) Notwithstanding the definition of "height" and "grade" in Section 3 of the Town of Ancaster Zoning By-law 87-57, for the purposes of this by-law, height shall be measured on the basis of each individual unit. Encroachment of Porches and Steps (p) Notwithstanding the provisions of Section 7.12(d), a maximum encroachment for porches, including steps, of 2.0 m shall be permitted. Parking and Loading - General Provisions (q) The provisions of Section 7.14(a)(x) "Parking and Loading - General Provisions" shall not apply. Encroachment of Eaves and Gutters (r) Notwithstanding Section 7.12(d) "Yard Encroachments", eaves or gutters may project into any yard a distance of not more than 1.5 metres. All of the other provisions of Section 15.2 of the by-law apply. ER-691 Notwithstanding Table 10.3.3, Table 10.3.4, Table 10.3.5, Table 10.3.6, (18-105) Subsection 10.3.1, and Subsection 10.3.6 of SECTION 10: EXISTING RESIDENTIAL "ER" ZONE, for the property located at 357 Shaver Road, the following regulations shall apply: APPENDIX A (299) i. A maximum lot coverage of 42%; ii. A minimum front yard setback of 7.0 metres; iii. A minimum side yard setback of 3.0 metres to the daylight triangle; iv. A minimum side yard setback of 3.8 metres on the side lot line abutting Westview Avenue; v. A minimum rear yard setback of 5.8 metres on the northerly rear lot line; vi. A maximum garage projection of 3.7 metres beyond the front façade of the dwelling; and, vii. Each required parking space shall have a minimum width of 2.6 metres and a minimum length of 5.5 metres, exclusive of any land required for access or driveways. R4-692 Notwithstanding the provisions of Subsection 12.2 (b) and (c) of the (18-151) Residential "R4" Zone and Subsection 7.13 (a) "Special Setbacks" on those lands zoned "R4-692" bythis By-law, the following shall also apply: (a) Maximum Lot Coverage 40% lot coverage for interior lots (b) Minimum Lot Frontage 12 metres except on corner lots the minimum frontage shall be 14.35 metres (c) Daylight triangle 4.57 metre x 4.57 metre daylight triangle In addition to the definition of Subsection 3.112 "Porch, Unenclosed" on those lands zoned "R4-692" by this By-law, the following shall also apply: (d) Definitions "Porch, Unenclosed" - a second unenclosed porch shall be required to provide access to the side entrance of the flankage elevation of a dwelling on a corner lot. R4 - 693 That notwithstanding the provisions of Subsections 3.81, 12.2, (b), (c), (18-168) (f), (g), and in addition to the provisions of Subsection 12.2m the following Special provisions shall apply to lands zoned "R4-693" REGULATIONS (a) Maximum Lot Coverage 40%, except on a corner lot the maximum lot coverage shall be 35%. (b) Minimum Rear Yard 10.0 metres, except on a corner lot the minimum rear yard shall be 7.5 metres. (c) Maximum Height 9.5 metres. (d) Location of Balconies Balconies above the ground floor shall not be permitted in the rear or side yard. DEFINITIONS "Lot Frontage" APPENDIX A (300) Shall mean the length of a straight line connecting the side lot lines measured from points located 7.5 metres from the intersection of the side and front lot lines. R4 - 694 That notwithstanding the provisions of Subsections 3.81, 12.2, (b), (f), (18-168) (g), and in addition to the provisions of Subsection 12.2, the following special provision shall apply to lands zoned "R4-694" REGULATIONS (a) Minimum easterly side yard 2.0 metres. (b) Maximum Height 9.5 metres (c) Location of Balconies Balconies above the ground floor shall not be permitted in the rear or side yard. (d) Rear Yard 10.0 metres DEFINITIONS "Lot Frontage" Shall mean the length of a straight line connecting the side lot lines measured from points located 7.5 metres from the intersection of the side and front lot lines. ER-695 Notwithstanding Table 10.3.3, Table 10.3.4, Table 10.3.5, Table 10.3.6, Table (18-105) 10.3.7, and Subsection 10.3.6 of SECTION 10: EXISTING RESIDENTIAL "ER" ZONE, for the property located at 196 Woodview Crescent, the following regulation shall apply: i. A maximum lot coverage of 41%; ii. A front yard setback of no less than 10.7 metres and no greater than 10.9 metres; iii. A minimum easterly side yard setback of 1.6 metres; iv. A minimum westerly side yard setback of 2.2 metres; v. A minimum rear yard setback of 10.9 metres; vi. A maximum height of 9.8 metres; and, vii. Each required parking space shall have a minimum width of 2.6 metres and a minimum length of 5.5 metres, exclusive of any land required for access or driveways. ER-696 Notwithstanding Table 10.3.4, Table 10.3.5, Table 10.3.6, Table 10.3.7, and (18-105) Subsection 10.3.6 of SECTION 10: EXISTING RESIDENTIAL "ER" ZONE, and Subsection 7.12 (b): Yard Encroachments of SECTION 7: GENERAL PROVISIONS, for the property located at 908 Bishop Place, the following APPENDIX A (301) regulations shall apply: i. A front yard setback of no less than 7.9 metres and no greater than 8.2 metres; ii. A minimum easterly side yard setback of 2.0 metres; iii. A minimum westerly side yard setback of 2.5 metres; iv. A minimum rear yard setback of 6.8 metres to the second storey covered porch and a minimum rear yard setback of 10.6 metres to the rear wall of the principal dwelling; v. A maximum height of 10.5 metres; vi. Each required parking space shall have a minimum width of 2.6 metres and a minimum length of 5.5 metres, exclusive of any land required for access or driveway; and, vii. Eaves or gutters may project into the minimum side yard a distance of not more than 65 centimetres, and into the minimum front and minimum rear yard a distance of not more than 1.5 metres. R4 - 697 That notwithstanding the provisions of Subsection 12.2, (c) and (g), (18-168) and in addition to the provisions of Subsection 12.2, the following special provision shall apply to lands zoned "R4-697" REGULATIONS (a) Maximum Lot Coverage 40%, except on a corner lot the maximum lot coverage shall be 35%. (b) Maximum Height 9.5 metres DEFINITIONS "Lot Frontage" Shall mean the length of a straight line connecting the side lot lines measured from points located 7.5 metres from the intersection of the side and front lot lines. H-RM6-658 Notwithstanding the provisions of Subsection 19.1 and 19.2 of the (19-042- Residential Multiple "RM6" Zone and the provisions of Sections 3.0: LPAT) Definitions and 7.14: Parking and Loading of Zoning By-law No. 87-57 of the Town of Ancaster, the following special provisions shall apply to the lands zoned "H-RM6-658", described as 1117 Garner Road East: 1.0 REGULATIONS Notwithstanding Sections 19.0 and 7.14, the following provisions apply: APPENDIX A (302) (a) Maximum Density 187 dwelling units per hectare (b) Maximum Building Height 9 storeys or 31.2 metres (c) Maximum Lot Coverage 65.3 % (d) Minimum Front Yard 5.0 metres (e) Minimum East Side Yard 2.5 m (f) Minimum West Side Yard 17.5 m to main building and 11.0 metres to the underground parking ramp (g) Minimum Rear Yard 1.0 m (h) Children's Outside Play Area Shall not be required. (i) Planting Strip Notwithstanding Sections 19.2(m) and 7.14(a), (xv), and (xvi), a planting strip of a minimum width of 4.5 metres shall be provided along the west lot line; a 2.5 metre planting strip along the east lot line and 1.0 metre planting strip along the north lot line. (j) Minimum Landscaping Area 19% excluding rooftop/podium amenity and 42% including rooftop/podium amenity (k) Parking Notwithstanding Sections 19.2(i) and 7.14(b) (i) (E) and (H), the required parking spaces shall be as follows: Dwelling Unit and Visitor Parking - 2.25 spaces per unit. 3.0 Definitions Notwithstanding Section 3.0, the following special provisions apply: "Landscaping" (a) Means an area not built upon and not used for any purpose other than as a landscaped area which may include grass, shrubs, flowers, trees, and similar types of vegetation, paths, walks, patios, fences, and similar APPENDIX A (303) features, and may include rooftop amenity area; but (b) Does not include parking areas, parking lots, driveways, ramps or manoeuvring areas. 4.0 The 'H' Holding prefix shall be lifted from the "H-RM6-658" Zone once the following condition has been completed: i. A suitable sanitary sewer outlet is extended to the subject lands to provide sanitary drainage to the site, to the satisfaction of the Manager of Engineering Approvals, Growth Management; and, ii. The applicant builds or secures their proportionate share of the extension of a storm sewer for the full frontage of the property to a suitable outlet, to the satisfaction of the Manager of Engineering Approvals, Growth Management. RM4 - 700 That notwithstanding the provisions of Section 7.11, 7.12 (d), 7.14 (a)(xii), (19-168) (b), 17.1, 17.2 (b), (e), (f), (g), (h), (i), (j), (k), (m), (n) and (p) the following special provisions shall apply to the lands zoned "RM4-700": PERMITTED USES (a) Street Townhouse and Multi-plex dwellings and uses, buildings and structures accessory thereto shall also be permitted. REGULATIONS (a) Maximum Density: 44 dwelling units per hectare. (b) Minimum Front Yard: 3.9 metres to the front façade from Garner Road West. (c) Maximum Lot Coverage: 35 % (d) Minimum Easterly Side Yard: 2.0 metres. (e) Maximum Height: 14 metres. (f) Planting Strip: A planting strip of 2 metres shall be required adjacent to a commercial use and between an internal road and a side lot line. (g) Minimum Landscaping: 20 % (h) Minimum Privacy Area: 9 square metres per unit. APPENDIX A (304) (i) Parking: i. For each block townhouse and multi- plex dwelling there shall be a minimum of 2 parking spaces one of which must be contained within an attached garage, plus 0.26 visitor parking spaces. ii. A parallel parking space shall have a minimum width of 2.5 metres and a minimum length of 6.5 metres. (j) Children's Play Area: A curbed children's outside play area that is a minimum of 800 square metres shall be provided and maintained on site. (k) Building Separation: Any townhouse building shall be no closer to another townhouse building on the same lot in accordance with the following distance requirements: Front Façade Rear Wall End Wall Front Façade 18.0 m 18.0 m 14.0 m Rear Wall 18.0 m 0 m (multi- 7.0 m plex units) 15.0 m (Block townhouse units) End Wall 14.0 m 7.0 m 2.7 m (l) For the purpose of this By-law, the lot line abutting Garner Road West, shall be deemed to be the front lot line. The easterly side lot line shall be the lot line with the dimension of 252.90 metres in length and the westerly side lot line shall be the lot line with the dimension of 124.530 metres in length. All of the remaining lot lines are rear lot lines and have the following dimensions: 197.17 metres; 60.0 metres; 190.44 metres; 22.0 metres and 73.17 metres (northerly lot boundary). (m) For the purpose of this By-law, the boundary of the Residential Multiple "RM4-700" Zone shall be deemed to be one lot the lot lines and the regulations of the "RM4-700" Zone shall be from the external APPENDIX A (305) 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. RM4-701 That notwithstanding the provisions of Sections 9.3(a), 17.2 (g) and (j), and (19-168) in addition to the regulations of the "RM4-700" Zone, the following special provisions shall apply to the lands zoned "RM4-701": REGULATIONS (a) Minimum setback for a central 1.5 metres. air conditioning unit, window air conditioning unit or heat pump from the front lot line: (b) Maximum permitted encroachment 1.6 metres. for front yard porch (along Garner Road West): (c) Minimum Westerly Side Yard: 12.0 metres. (d) Minimum Easterly Side Yard: 2.0 metres. RM4-702 That notwithstanding the provisions of Section 17.2 (g) and in addition to (19-168) the regulations of the "RM4-700" Zone, the following special provisions shall apply to the lands zoned "RM4-702": REGULATIONS (a) Minimum Rear Yard: 4 metres. RM4-703 That notwithstanding the provisions of Section 17.2 (g) and in addition to (19-168) the regulations of the "RM4-700" Zone, the following special provisions shall apply to the lands zoned "RM4-703": REGULATIONS (a) Minimum Rear Yard: 1.5 metres. RM4-704 That notwithstanding the provisions of Sections 7.20, 17.2 (g) and in (19-168) addition to the regulations of the "RM4-700" Zone, the following special provisions shall apply to the lands zoned "RM4-704": REGULATIONS (a) Minimum Rear Yard: 1.3 metres. APPENDIX A (306) R4-705 That notwithstanding the provisions of Section 12.2 (b) and (c) the (19-235) following special provisions shall apply to the lands zoned "R4-705": REGULATIONS (a) Minimum Lot Frontage: 11.8 metres. (b) Maximum Lot Coverage: 45% R4-706 That notwithstanding the provision of Section 12.2 (c) the following (19-235) special provision shall apply to the lands zoned "R4-706": REGULATIONS (a) Maximum Lot Coverage: 45% R3-699 Notwithstanding Sub-Section 11.1.2 (c), (d), (f) and 11.3.2 (c) of (20-111- Section 11: RESIDENTIAL "R1", "R2" and "R3" Zones of By-law No. 87- LPAT) 57 (Ancaster), the following special provisions shall apply to the lands zoned "R3-699": REGULATIONS (a) Mininum Front Yard: 7.5 metres (b) Maximum Lot Coverage: 40 percent (c) Minimum Side Yard: 1.5 metres, except: (i) On Block 1 of Schedule A of this By-law the minimum easterly side yard shall be 4.0 metres, and; (ii) On Block 3 of Schedule A of this By-law the minimum westerly side yard shall be 3.0 metres (d) Minimum Rear Yard: 7.0 metres R4-709 That notwithstanding the provisions of Section 12.2 (c), (d) and (e) the (20-143) following special provisions shall apply to the lands zoned "R4-709": REGULATIONS (c) Maximum Lot Coverage: 40% (d) Minimum Front Yard: 6 metres (e) Minimum Side Yard: 1.2 metres; except on a corner lot, the minimum side yard abutting a street shall be 4.5 metres or 6 metres to an attached garage or attached carport. APPENDIX A (307) RM4-710 That notwithstanding the provisions of Section 7.11, 7.14 (a)(x), (b), 17.2 (20-183) (a), (b), (e), (f), (g), (h), (i), (j), (k), (n) and (p) the following special provisions shall apply to the lands zoned "H-RM4-710": PERMITTED USES (a) Block townhouse dwellings, back to back townhouse dwellings and uses, buildings and structures accessory thereto. REGULATIONS (a) Minimum Lot Area 0.382 ha (b) Maximum Density: 63 dwelling units per hectare (c) Maximum Lot Coverage: 32.76% (d) Minimum Front Yard: 2.2 metres to Garner Road West (e) i. Minimum Side Yard: 1.25 metres - Easterly 1.80 metres - Westerly ii. Minimum Rear Yard: 6.0 metres (f) Maximum Building Height: 11.5 metres (g) Minimum Landscaping: 29 % (h) Planting Strip: 1.8 metres width along each lot line (i) Minimum Privacy Area: i. 20 square metres ii. That the minimum depth for at grade privacy areas shall be 6m (j) Children's Play Area: None shall be required (k) Building Separation: Any townhouse dwelling shall be no closer to another townhouse dwelling on the same lot in accordance with the following distance requirements: Façade Rear Wall End Wall Façade 19.70 m 19.5 m 16.0 m Rear Wall 19.5 m 15.0 m 10.5 m End Wall 16.0 m 7.0 m 2.4 m (l) Yard Encroachments: That a balcony shall be permitted to encroach 1.55 m into any yard but shall APPENDIX A (308) not be closer than 4.45 m from any lot line. (m) Parking: No parking space shall be located closer to the street line than 3.3 m That parking spaces shall be provided at a rate of 2 per unit plus 0.25 visitor per unit. In addition to the above noted modifications, notwithstanding any other provisions in this by-law, the following setback will also be required: (a) Minimum Setback from a Daylighting Triangle: 4.3m That the amending By-law apply the Holding Provision of section 36(1) of the Planning Act, R.S.O. 1990 to the subject lands by introducing the Holding symbol 'H' as a suffix to the proposed zoning. The Holding Provision Residential Multiple (Holding) "H-RM4-710" Zone, Modified, shall be removed conditional upon: a) Payment of the outstanding servicing cost for the existing sanitary sewer on Garner Road adjacent to the site is received to the satisfaction of the Manager of Development Engineering. b) That the applicant complete an Archaeological Assessment to the satisfaction of the Ministry of Heritage, Sport, Tourism and Culture. RM2-712 That notwithstanding the provisions of Section 15.2, (a), (b), (c), (d), (e), (f), (21-013 (g) and (j), Section 9.3 (a), Section 9.5 (d), the following special provisions OLT) shall apply to the lands zoned "RM2-712": (22-251) REGULATIONS (a) Minimum Lot Area 1,260 square metres of total parcel area per dwelling and 164 square metres per dwelling unit. (b) Minimum Lot Frontage 6.5 metres per dwelling unit, 8.7 metres for a dwelling end unit which does not abut a flanking street and 9.7 metres for a dwelling end unit abutting the current lot boundary. (c) Minimum Lot Depth 25.0 metres. (d) Maximum Lot Coverage 37 percent of total parcel area. APPENDIX A (309) (e) Minimum Front Yard 5.5 metres to façade and 6 metres to garage. (f) Minimum Side Yard 3.0 metres for dwelling end units abutting current lot boundary, 1.9 metres for dwelling end unit which does not abut a flanking street and 0 metres for dwelling units separated by a common wall. (g) Minimum Rear Yard 7.2 metres, and 5.1 metres for posts, beams and/or a covered deck and 5.1 metres for the second and upper most storey. (j) Planting Strip A planting strip of a minimum 3.0 metres shall be provided adjoining lands zoned "ER" and "R3", a chimney may project into the planting strip a distance of not more than 0.6 metres. (k) Air Conditioning Units Encroachment of Air Conditioning and Heat Pumps Units and Heat Pumps: the provisions of Paragraph (a), Sub-section 9.3, "Air Conditioning Units and Heat Pumps", shall not apply. (l) Privacy Screens Shall not apply. (m) Basement or Cellar All street townhouse dwellings shall have a basement or cellar RM2-713 That notwithstanding the provisions of Section 15.1, 15.2 (a), (b), (e), (f), (j), (22-021) and (k) (ii), Section 7.12 (c) and (d), and Section 7.14 (b) (i) (A), the following Special provisions shall apply to the lands zoned "RM2-713": REGULATIONS (a) Maximum Number of 10 street townhouse dwelling units. Dwelling Units (b) Minimum Lot Area 2,600 square metres of total parcel area. (c) Minimum Lot Frontage 50 metres of total parcel frontage, 6.0 metres per dwelling unit, and 6.2 metres for a dwelling end unit. (d) Minimum Front Yard 0.8 metres. APPENDIX A (310) (e) Minimum Side Yard i) 2.5 metres for a dwelling end unit which does not abut a flanking street, and 2.5 metres for a dwelling unit abutting a flanking street; except, ii) 3.0 metres for a dwelling end unit abutting a flanking street; and, iii) 2.3 metres for the westerly end unit of the building along Wilson Street West from the flanking street line measuring 20.3 metre. (f) Planting Strip Notwithstanding the other provisions of this Subsection, where the boundary of a Residential Multiple "RM2" Zone adjoins lands zoned Existing Residential "ER" or Residential "R1", "R2" or "R3", a planting strip of minimum 2.5 metre width along the easterly side lot line and 1.4 metres along the southerly rear lot line shall be provided. Bicycle parking shall be permitted within the 1.4 metre wide planting strip along the southerly rear lot line. (g) Dwelling Unit Placement Not more than four attached dwelling units shall be erected in a row without offsetting or staggering the front face or wall of the dwelling a minimum 0.5 metre or without varying the exterior design and materials of the front face or wall of the dwelling. (h) Yard Encroachment for 0 metres from a front lot line and open stairway flanking side lot line (i) Yard Encroachment for 0 metres from a front lot line and 1.0 unenclosed porch metres from a flanking side lot line (j) Required Parking for a 2 plus 0.66 visitor parking spaces street townhouse APPENDIX A (311) RM2-718 That notwithstanding Paragraph 3.49 "Dwelling, Street Townhouse" of (25-017-OLT) Section 3 "Definitions" the following definition shall apply for lands within the Residential Multiple "RM2-718" Zone: 3.49 "Dwelling, Street Townhouse" Means a dwelling divided vertically into a minimum of three (3) and a maximum of eight (8) dwelling units, the units separated by a common wall or walls and each unit having two private entrances at grade, and in which all dwelling units front on a street, laneway, or common condominium driveway. That notwithstanding the provisions of Subsection 15.2 (a), (b) (i and (ii), (e), (f), (g), (h), (i) and (k, ii) for Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "RM2-718": PERMITTED USES: (a) For the purpose of the regulations contained in Sections 3, 5, 6, 7, 9 and 15 of Ancaster Zoning By-law No. 87-57, as amended by this By-law, the boundary of the "RM2-718" Zone shall be deemed to be the lot lines for this purpose, and the regulations of the "RM2-718" Zone, including, but not limited to, lot area, lot frontage and depth, lot coverage, minimum yards, minimum landscaping and planting strips, parking accessory buildings, etc., shall be from the boundaries of this zone, and not from individual property boundaries of dwelling units created by registration of a condominium plan, through Consent or created by Part Lot Control. REGULATIONS (a) Minimum Lot Area 1.0 hectare (b) Minimum Lot Frontage 50 metres for the parcel frontage and: (i) 4.75 metres for an interior dwelling unit; and (ii) 4.9 metres for an end dwelling unit. (c) Minimum Front Yard (i) 5.2 metres (ii) Northerly Side Yard: a) Shall be a minimum of 9.2 metres for any dwelling unit's rear wall; APPENDIX A (312) b) Shall be a minimum of 4.5 metres for any end dwelling unit's side wall. (iii) Southerly Side Yard: a) Shall be a minimum of 7.5 metres for any dwelling unit's rear wall; b) Shall be a minimum of 4.5 metres for any end dwelling unit's side wall. (d) Maximum Height 11.7 metres (e) Minimum Landscaping 30% of the lot area (f) Dwelling Unit Placement Shall not apply In addition to Subsection 7.12 of Zoning By-law No. 87-57, encroachments or projections shall be prohibited to be within 2.8 metres from the front lot line. That notwithstanding Subsection 7.14(a)(xv) of Zoning By-law No. 87-57, where a parking area which is required to provide for more than four vehicles abuts a lot containing a dwelling comprising one or two dwelling units, a permanently maintained planting strip of a minimum width of 1.5 metres shall be provided. That notwithstanding Subsection 7.14(a)(xvi) of Zoning By-law No. 87-57, where a parking area which is required to provide for more than four vehicles abuts a street, a permanently maintained planting strip of a minimum width of 1.3 metres shall be provided along the street line, and it shall be continuous except for aisles or driveways required for access to such parking area. That notwithstanding Subsection 7.14(b)(i)(B) of Zoning By-law No. 87-57: (a) Street Townhouses shall provide 2.0 parking spaces, with one of the two required parking spaces permitted to be located within an attached private garage or within the dwelling unit; and, (b) A minimum 0.25 visitor parking spaces per unit shall be provided. H-RM6-714 That notwithstanding the provisions of paragraph (a) of Subsection 7.11 (23-136) "Maximum Building Height", paragraph (a) (x) and (b) of Subsection 7.14 APPENDIX A (313) "Parking and Loading", and paragraphs (a), (c), (d), (f), (g), (h), (i), (j), (k), and (l) of subsection section 19.2 "Regulations" of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "H-RM6-714": REGULATIONS (a) Minimum Lot Area 1,330 square metres. Notwithstanding the definition of "Lot Area" in Section 3.76, Lot Area shall not include the area within Block 1 - Future Right of Way Dedication on Figure 3: 140 Wilson Street West, Ancaster of Section 39: Special Figures. (b) Maximum Density 70 dwelling units per hectare. (c) Minimum Lot Frontage 24 metres. (d) Maximum Lot Coverage 41 percent. Notwithstanding the definition of "Lot Coverage" in Section 3.78, the area of the lot shall not include the area within Block 1 - Future Right of Way Dedication on Figure 3: 140 Wilson Street West, Ancaster of Section 39: Special Figures. (e) Minimum Front, Side In accordance with Block 2 - Extent of and Rear Yard Building Envelope on Figure 3: 140 Wilson Street West, Ancaster of Section 39: Special Figures. (f) Maximum (f) Parking 1.33 plus 0.22 visitor parking spaces per dwelling unit. (g) Children's Play Area Children's play area provision shall not apply. (h) Maximum Height 11.25 metres. (i) Minimum Landscaping 26 percent of the lot area per Subsection (a) hereof. In addition to the definition of "Landscaping" in Section 3.73, landscaping shall include a minimum of 13 trees with a minimum 50 mm caliper planted on site. The minimum landscaping requirement shall not be provided within Block 1 - Future Right of Way Dedication on Figure 3: 140 Wilson Street West, APPENDIX A (314) Ancaster of Section 39: Special Figures. (j) Maximum Parking The at-grade parking area shall not Coverage occupy more than 45 percent of the total lot area. In addition to the requirements of Section 7.14 (a) (xiii), the surface of a parking area may include permeable pavers. (k) Future Right-of-Way No development, other than access and Dedication landscaping but not including a required planting strip, shall occur on Block 1 - Future Right-of-Way Dedication on Figure 3: 140 Wilson Street West, Ancaster of Section 39: Special Figures. That the amending By-law apply the Holding Provision of section 36(1) of the Planning Act, R.S.O. 1990 to the subject lands by introducing the Holding symbol 'H' as a suffix to the proposed zoning. The Holding Residential Multiple "H-RM6-714" Zone, Modified, shall be removed conditional upon: a) That the applicant complete an Archaeological Assessment to the satisfaction of the Ministry of Citizenship and Multiculturalism and the Director of Planning and Chief Planner. b) That the Owner prepare and receive approval of a Landscape Plan, including providing for 1 for 1 compensation for 22 privately owned trees (10 cm diameter at breast height (DBH) or greater) that are removed from private property through replanting trees on site and/or payment of cash-in-lieu, to the satisfaction of the Director of Planning and Chief Planner. c) That the Owner shall investigate the noise levels 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 noise 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 and shall be submitted to the satisfaction of the City of Hamilton, Director of Planning and Chief Planner. RM4-715 That notwithstanding the provisions of Section 7.11(a), 7.12(c), 7.14(b)(i)(B), (22-212) 9.8, 17.2 (a), (c), (e), (f), (g), (h), (i), and (j) the following special provisions shall apply to the lands zoned "RM4-715": APPENDIX A (315) REGULATIONS (a) Minimum Lot Area 0.35 ha (b) Minimum Lot Frontage 38 metres (c) Maximum Lot Coverage: 33% of the lot area (d) Minimum Front Yard: 1.95 metres to Wilson Street East (e) i. Minimum Side Yard: 6.0 metres ii. Minimum Rear Yard: 2.95 metres (f) Maximum Height: 12.5 metres (g) Minimum Landscaping: 30% of the lot area (h) Planting Strip: A minimum of 2.0 metres in width along each lot line shall be provided. (i) Parking: 2 parking spaces for each dwelling unit. (j) Yard Encroachment for May project a maximum of 1.85 metres Balcony: into a required side yard. (k) Section 7.11 (a) shall not apply. (l) Section 9.8 shall not apply. RM4-717 That notwithstanding the provisions of subsection 17.2 (b), (e), (f), (g) for rear (24-040) yards, (i), (n) and (p) for Façade to Façade of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "RM4-717": PERMITTED USES For the purpose of the regulations contained in Sections 3, 5, 6, 7, 9 and 17 of Ancaster Zoning By-law No. 87-57, as amended by this By-law, the boundary of the "RM4-717" Zone shall be deemed to be the lot lines for this purpose, and the regulations of the "RM4-717" Zone, including, but not limited to, lot area, density, lot frontage and depth, lot coverage, minimum yards, minimum landscaping and planting strips, parking, children's play areas, accessory buildings, building separation, etc., shall be from the boundaries of this zone, and not from individual property boundaries of dwelling units created by registration of a condominium plan, through Consent or created by Part Lot Control. REGULATIONS (a) Maximum Density 36 units per hectare (c) Maximum Lot Coverage 45% APPENDIX A (316) (c) Minimum Front Yard 4.0 metres (d) Minimum Rear Yard 4.6 metres (e) Minimum Landscaped Area 25% (f) Children's Play Area No children's play area shall be Provided (g) Building Separation Façade to Façade shall be a minimum of 17 metres That notwithstanding Subsection 7.14(a)(ix)(4) of Zoning By-law No. 87-57, no parking space shall be located in a "RM4" Zone closer to any detached dwelling in a Residential Zone than 0.9 metres. That notwithstanding Subsection 7.14(a)(xv) of Zoning By-law No. 87-57, where a parking area which is required to provide for more than four vehicles abuts a lot containing a dwelling comprising one or two dwelling units, a permanently maintained planting strip of a minimum width of 0.9 metres shall be provided. That notwithstanding Subsection 7.14(b)(i)(B) of Zoning By-law No. 87-57, Block Townhouses shall provide 2.4 parking spaces per each dwelling unit inclusive of visitor parking spaces. RM5-716 That notwithstanding the provisions of Sections 3.46, 7.11 (a), 7.14 (b)(i)(B), (23-123 7.18(a)(ii), 18.2 (a), (b), (c), (f), (g), (h), (i), (j), (k), (l), and (n) the following Not Final) special provisions shall apply to the lands zoned "RM5-716": (a) The following definition shall apply to lands zoned "RM5-716": "Dwelling, Multi-Plex" means a building divided vertically into a minimum of two (2) and a maximum of six (6) side-by-side units, which may also be divided horizontally to a maximum of two (2) units in height, for a maximum total of twelve (12) units, with each unit being separated by two (2) or more common walls and each having private entrances to the outside. REGULATIONS (a) Minimum Lot Area 0.44 hectares (b) Maximum Density 80 units per hectare (c) Minimum Lot Frontage 30.0 metres (d) Minimum Front Yard 3.0 metres APPENDIX A (317) (e) Minimum Side Yards 6.0 metres - Southernly 5.5 metres - Northernly (f) Minimum Rear Yard 5.5 metres (g) Maximum Height 14.5 metres (h) Minimum Landscaping 41 percent of the lot area, which includes a Children's Play Area. (i) Planting Strip Minimum 3.0 metre wide, provided along each lot line, except along the southernly lot line where a minimum 1.5 metre wide planting strip will be required. (j) Parking 1 per dwelling unit, plus 0.25 visitor per dwelling unit. (k) Accessory Buildings The provisions of Subsection 7.18 (a) shall apply, except that an above-grade communal parking structure or building shall be deemed a principal building and accessory buildings shall not be located less than 1.0 metres from the southerly lot line. (l) In addition to the RMS-716 Zone Provisions, no building or structure shall be erected, altered, nor extended, except on the area identified as Block 1 - Extent of building envelope on Figure 2 of Section 39: Special Figures. H-RM6-719 (25-118 Not Final) a) That notwithstanding Section 7.11 a), the maximum building height shall be 14.0 metres and 24.5 metres and in accordance with Special Figure #4. b) That notwithstanding Section 7.12 c), balconies shall be permitted to project into a required rear yard to a maximum distance of 2.0 metres. c) That notwithstanding Section 7.14 a) vii) and viii), the minimum side yard and rear yard setback to a below grade communal parking structure shall be 0.5 metres, or 0.0 metres when abutting a daylight triangle. d) That notwithstanding Section 7.14 a) xv), a planting strip shall not be required abutting the northerly rear lot line. e) That notwithstanding Section 7.14(b)(i)(C), 1.3 parking spaces per dwelling unit shall be provided and shall be inclusive of visitor parking. f) Notwithstanding Sections 3.84, 3.85, and 3.86: APPENDIX A (318) i) The shortest lot line abutting Garner Road East measuring 5.25 metres shall be considered the front lot line; ii) The hypotenuse of the daylight triangle and the longest lot line abutting Garner Road East shall be considered side lot lines; and, iii) All remaining lot lines shall be considered rear lot lines. g) Notwithstanding the provisions of Paragraphs (a), (c), (d), (g), (h), (j), (k) and (l) of Section 19.2 of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "RM6- 719": REGULATIONS i) Minimum Lot Area 0.37 hectares ii) Minimum Lot Frontage 5.25 metres iii) Minimum Front Yard 2.0 metres iv) Minimum Side and Rear Yard 1. 3.0 metres to the side lot line abutting Garner Road East; 2. 0.0 metres to the hypotenuse of the daylight triangle; 3. 3.0 metres to the rear lot line abutting Southcote Road; 4. 19.0 metres abutting the northerly rear lot line; 5. 25.0 metres to the easterly rear lot line to the portion of the multiple dwelling as shown on Special Figure #4; and, 6. 3.0 metres to the easterly rear lot line to the portion of the multiple dwelling as shown on Special Figure #4 v) Maximum Height 14.0 metres and 24.5 APPENDIX A (319) metres and in accordance with Special Figure #4. vi) Minimum Landscaping 25 percent In addition to the regulations of Subsection 19.2 of Zoning By-law No. 87-57, the following special provisions shall apply to the lands zoned "RM6-719": (a) Percentage of Multiple Bedroom Units Within a Multiple Dwelling i. A minimum of 25 percent of the Dwelling Unit(s) shall be units with two or more bedrooms. ii. Where the application of subsection i. above results in a numeric fraction, the fraction shall be rounded up to the nearest whole number of dwelling units. (b) That for the purposes of this By-law, no vehicular ingress or egress shall be provided from Garner Road East. APPENDIX A (320) APPENDICES APPENDIX A (1) AMENDMENTS BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 86-136 P-148 By-Law 88-83 From Agricultural "A" Highway 99 Lot 16, Con 1 A-1 Aug 15/88 to Public "P" 87-22 --- By-Law 88-83 From Deferred Development "D" Greenravine Dr. Lot 48, Conc. 2 B-1 Aug 15/88 to Residential "R3" 87-45 --- OMB Amend service requirements Shaver Rd. Lot 36, Conc. 4 A-5 Mar 28/88 87-64 C5-239 By-Law 88-83 Farm Market Permitted No 12 Highway #53 W Lot 42, Conc. 4 B-1 Aug 15/88 87-65 C3-133 By-Law 88-83 From Rural Commercial "C5-144" Given Rd./Hwy. No. 2 Lot 35, Conc. 3 A-5 Aug 15/88 To General Commercial 87-66 M2-149 By-Law 88-83 From Prestige Industrial "M2" Sandhill Dr. Lot 34, Conc. 4 A-5 Aug 15/88 to "M2-149" 87-68 A-304 By-Law 88-83 From Agricultural "A-254" 587 Fiddlers Green Rd. Lot 43, Conc. 4 B-1 Aug 15/88 to "A-304" 87-69 A-254 By-Law 88-83 Minimum Frontage and Side 591 Fiddlers Green Rd. Lot 43, Conc. 4 B-1 Aug 15/88 Yard Changed 87-70 C3-310 By-Law 88-83 From Village Area "VA" to Wilson Street East Lot 45, Conc. 2 B-2 Aug 15/88 General Commercial 87-95 --- By-Law 88-83 From Agricultural to Prestige 1524 Highway #2 Lot 32, Conc. 4 A-5 Aug 15/88 Industrial "M2" 87-98 RM4-305 By-Law 88-83 From Existing Residential "ER" 325 Fiddlers Green Rd. Lot 43, Conc. 3 B-1 Aug 15/88 APPENDIX A (2) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 87-99 R3-306 By-Law 88-83 From Deferred Development "D" Cavendish Drive Lot 39, Conc. 3 B-1 Aug 15/88 to Residential "R3-306" 87-105 R3-307 By-Law 88-83 From Residential "R2" to Lowden Avenue Lot 47, Conc. 2 B-1 Aug 15/88 Residential "R3-307" 87-108 --- By-Law 88-83 From Residential "R3-232" and Southcote Road Lot 48, Conc. 3 B-1 Aug 15/88 Residential "R3-333" to Residential "R2", "R3" and Public Open Space "O2" 87-112 R1-308 By-Law 88-83 From Agricultural to Residential Southcote Road Lot 4, Conc. 3 B-1 Aug 15/88 "R1", "R2" and "R3" 88-16 C3-309 By-Law 88-83 From Village Area "VA" to 469-471 Wilson St. E Lot 45 & 46, B-2 Aug 15/88 General Commercial "C3-309" Conc. 2 88-22 --- By-Law 88-83 From Deferred Development "D" Moazart St. Lot 42, Conc. 3 B-1 Aug 15/88 to Residential "R3" 88-50 VA-311 By-Law 88-83 From Village Area "VA" to 346 Wilson St. E Lot 45, Conc. 2 B-2 Aug 15/88 "VA-311" 88-58 R3-312 By-Law 88-83 From Deferred Development "D" Wilson Street West Lot 39, Conc. 3 B-1 Aug 15/88 to Residential "R3-312" 88-59 --- By-Law 88-83 From Deferred Development "D" Fiddlers Green Road Lot 42, Conc. 3 B-1 Aug 15/88 to Residential "R3" --- RM3-313 By-Law 88-83 From Existing Residential to Mohawk & McNiven Rds. Lot 48, Conc. 2 B-1 Aug 15/88 Residential Multiple "RM3" APPENDIX A (3) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 88-83 N/A N/A Consolidation of Numerous ----- -- -- Aug 15/88 By-Law Amendments to 87-57 88-84 --- --- From Deferred Development "D" Sunnymeade Drive Lot 39, Conc. 3 B-1 Aug 15/88 to Residential "R3" 88-87 VA-316 --- From Village Area "VA" to 339 Wilson St. E. Lot 45, Conc. 2 B-2 Aug 15/88 "VA-316" 88-90 VA-314 --- From Village Area "VA" to 277 Wilson St. E. Lot 44 & 45, B-2 Aug 15/88 "VA-314" Conc. 2 88-93 VA-315 --- From Village Area "VA" to 283 Wilson St. E. Lot 44 & 45, B-2 Aug 15/88 "VA-315" Conc. 2 88-98 M2-334 --- From Agricultural "A" to Prestige Golf Links Road Lot 51 & 52, B-1 Sep 12/88 Industrial "M2-334" and "02" Conc. 2 88-111 ER-322 --- From Existing Residential "ER" 20 Valleyview Drive Lot 40, Conc. 3 B-1 Nov 7/88 to "ER-322" 88-113 ER-323 --- From Existing Residential "ER" 22 Valleyview Drive Lot 40, Conc. 3 B-1 Nov 7/88 to "ER-323" 88-117 --- --- From Deferred Development "D" 330 Fiddlers Green Rd. Lot 42, Conc. 3 B-1 Nov. 16/88 to Residential "R3" 88-119 --- --- From Deferred Development "D" 340 Fiddlers Green Rd. Lot 42, Conc. 3 B-1 Nov. 16/88 to Residential "R3" 88-124 A-324 By-Law 85-22 From Agricultural "A-140" to 58 Carluke Rd. W. Lot 42, Conc. 7 A-2 Nov 28/88 Agricultural "A-324" APPENDIX A (4) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 88-129 I-325 --- From Deferred Development "D" 75 Concerto Court Lot 42, Conc. 3 B-1 Nov 28/88 to Institutional "I-325" --- RM3-327 O.M.B. From Agricultural "A" to Highway #2 and Lot 39, Conc. 3 B-1 Nov 23/88 Residential Multiple "RM3-327" Hamilton Drive 89-7 --- --- From Agricultural "A" to Prestige Highway #2 W. Lot 32, Conc. 4 A-5 Jan 23/89 Industrial "M-2" and Light Industrial "M3" 89-11 P-326 O.M.B. From "C5-261" and "A-216" to Shaver Road Lot 37, Conc. 3 B-1 July 4/89 Public "P-326" 89-18 --- --- From "C4-274" to Residential Sunnymeade Drive Lot 39, Conc. 3 B-1 Feb 27/89 "R3" 89-19 RM3-318 --- From "C4-274" to Residential 334 Wilson St. W. Lot 39, Conc. 3 B-1 Mar 13/89 Multiple "RM3" 89-29 --- --- From Deferred Development "D" 286 Fiddlers Green Rd. Lot 42, Conc. 3 B-1 Mar 13/89 to Residential "R3" 89-31 VA-332 --- From Village Area "VA-311" 346 Wilson St. E. Lot 45, Conc. 2 B-2 Mar 13/89 to Village Area "VA-332" 89-32 R3-333 --- From Residential "R2-208" Wilson St. W Lot 39, Conc. 3 B-3 Mar 13/89 to Residential "R3-333" 89-33 R4-256 --- From Residential "RM1" to Devonshire Terrace Lot 40, Conc. 3 B-1 Mar 13/89 Residential "R4-256" 89-59 R2-321 --- From Deferred Development "D" 90 Sulphur Springs Rd. Lot 44, Conc. 2 B-1 Apr 24/89 to Residential "R2-321" APPENDIX A (5) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 89-69 RM2-335 --- From Agricultural "A" to Golf Links Rd. Lots 49, 50 & B-1 May 8/89 Residential-Multiple "RM2" 51, Conc. 3 89-69 R3-329 --- From Agricultural "A" to Golf Links Rd. Lots 49, 50 & B-1 May 8/89 Residential "R3" 51, Conc. 3 89-69 R3-330 --- From Agricultural "A" to Golf Links Rd. Lots 49, 50 & B-1 May 8/89 Residential "R3" 51, Conc. 3 89-69 RM3-331 --- From Agricultural "A" to Golf Links Rd. Lots 49, 50 & B-1 May 8/89 Residential "RM3" 51, Conc. 3 89-92 --- Section 7.20 Introduction of "H" Holding General Amendment --- --- May 24/89 Provisions By-Law 89-89 --- --- To allow a Landscaping Business Golf Links Rd. Lot 54, Conc. 3 B-1 June 12/89 on a temporary basis 89-99 --- --- From Deferred Development to Fiddlers Green Rd. Lot 42, Conc. 3 B-1 July 17/89 Residential "R3" 89-114 H-01-153 --- From Agricultural "A" to 914/822 Book Rd. W. Lot 34 & 35, A-2 Aug 14/89 Private Open Space "H-O1-153" Conc. 5 89-122 VA-319 --- From Village Area "VA" to 397 Wilson Street East Lot 45, Conc. 2 B-2 Sept 6/89 Village Area "VA-319" 90-7 --- --- From Deferred Development "D" Sunnymeade Drive Lot 39, Conc 3 B-1 Jan 8/90 to Residential "R3" 90-10 --- --- From Deferred Development "D" Mohawk Road Lot 49, Conc. 2 B-1 Jan 22/90 and Existing Residential "ER" to Residential "R3" and Public Open Space "O2" APPENDIX A (6) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 90-11 R3-330 --- From Residential "R3-329" to Golf Links Rd. Lot 50, Conc. 3 B-1 Jan 22/90 Residential "R3-330" and 62M-635 Residential Multiple "RM2-335" to Residential Multiple "RM2" 90-25 M2-152 --- From Existing Residential/Motor 1220-1254 Hwy. 53 E. Lot 34, Conc. 4 A-5 Feb 26/90 Vehicle "ER" and "C6" to Prestige Industrial "M2-152" 90-26 H-M2-154 --- From Agricultural 'A" to Prestige Ancaster Industrial Park Lot 35, Conc. 4 A-5 Feb 26/90 Industrial Holding "H-M2-154" 90-27 --- --- From Deferred Development "D" Highvalley/Deervalley Lot 49, Conc. 2 B-1 Jan 22/90 and Existing Residential "ER" to Residential "R3" and Public Open Space "O2" 90-30 VA-341 --- From Village Area "VA-260" to 442 Wilson St. E. Lot 45 & 46, B-2 Mar 12/90 Village Area "VA-341" Conc. 2 90-36 C6-343 --- From Motor Vehicle Services 605 Highway 53 E. Lot 48, Conc. 3 B-1 Mar 12/90 "C6-270" to Motor Vehicle Services "C6-343" 90-46 --- --- From Agricultural "A" to Light Ancaster Industrial Park Lot 35, Conc. 4 A-5 Apr 9/90 Industrial "M3" and General Industrial "M4" 90-50 C4-130 --- From Agricultural "A" to Urban 1492 Highway 2 Lot 32, Conc. 4 A-5 Apr 23/90 Commercial "C4-130" 90-57 A-348 --- From Agricultural "A" to Springbrook Rd. Lot 50, Conc. 3 B-1 May 14/90 Agricultural "A-348" APPENDIX A (7) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 90-63 M2-334 --- Modification to Prestige Lot 1-15 Lot 50 & 51 B-1 May 28/90 Industrial"M2-334" Zone to R.P. No 62M-606 Conc. 2 Permit maximum height of 14.5 m. 90-71 H-C3 --- From Rural Commercial Highway 53 W. Lot 35, Conc. 2 A-5 June 25/90 "C5-144" to General Commercial Holding "H-C3" 90-90 R3-353 --- From Agricultural "A" to Meadowlands Lot 51, Conc. 3 B-1 July 30/90 Residential "R3" 90-100 M1-150 --- From Industrial "M1" to 1654 Highway 2 Lot 30 & 31 A-5 Aug 13/90 "M1-150" 90-102 M2-158 --- From Prestige Industrial "M2" 1342 Sandhill Dr. Lot 33, Conc. 4 A-5 Aug 13/90 to Prestige Industrial "M2-158: 90-104 VA-345 --- From Village Area "VA" to 420 Wilson St. E. Lot 45, Conc. 2 B-2 Aug 13/90 Village Area "VA-345" 90-125 R3-349 From Agricultural "A" to: The Golf Links Road Lot 48 to 50, B-1 Aug 13/90 H-R3-349 Residential "R3-349" Zone; the Meadowlands Phase II Conc. 3 H-RM2-350 Residential Holding "H-R3-349" H-RM3-351 Zone; the Residential Multiple H-C2 Holding "H-RM3-351" Zone; the Institutional "I" Zone; the Public Open Space "O2" Zone; the Public "P" Zone and the Shopping Centre Commercial Holding "H-C2" Zone. 90-131 H-01-159 --- From Agricultural "A" to Jerseyville Road W. Lots 25 to 27 A-1 Nov 12/90 Holding Private Open Space Conc. 2 "H-01-159" Zone APPENDIX A (8) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 90-136 RM4-352 --- From Existing Residential "ER" Dunham Drive Lot 41, Conc. 3 B-1 Nov 26/90 to Residential Multiple "RM4-352" 90-149 M2-354 --- From Agricultural "A" Zone to Golf Links Road Lot 49 to 50 B-1 Dec 10/90 Prestige Industrial "M2-354" Zone 91-1 --- --- From Agricultural "A" Zone to Trinity Road Lot 31, Conc. 4 A-5 Jan 14/91 Light Industrial "M3" and General Industrial "M4" Zone 91-18 A-162 --- From Institutional "I" Zone to 1443 Powerline Road Lot 28, Conc. 1 A-1 Mar 25/91 Agricultural "A-162" Zone 91-26 --- By-Law Removal of Holding "H" prefix 914 & 822 . Lot 34 & 35, A-2 Apr 8/91 89-114 from Private Open Space Book Road West "H-01-153" Zone 91-28 H-C2-157 O.M.B. From Agricultural "A" to Shaver Road/ Lot 36, Conc. 3 A-5 Mar 23/92 Decision Holding-Shopping Centre Hwys 53 & 2 File No. Commercial "H-C2-157" R 910339 N/A ER-358 O.M.B. Modification to the Existing 170 Seminole Road Lot 42, Conc. 3 B-1 Aug 23/90 Decision Residential "ER" in accordance File Nos. with the Ontario Municipal Board C890887 Decision dated August 23, 1990 V900224 V900225 91-48 01-160 --- From Agricultural "A" to Private 699 Sunnyridge Road Pt. Lots 19 & 20 A-1 June 10/91 01-161 Open Space "01-160" and Private Open Space "01-161" APPENDIX A (9) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 91-49 01-160 From Agricultural "A" Zone 2731 and 2787 Lots 19 to 21, A-1 June 10/91 01-161 To: Private Open Space "01-160" Dunmark Road Conc. 3 Private Open Space "01-161" 91-61 A-163 From Agricultural "A" Zone to 219 Book Road Lot 40 to 41, A-2 June 15/91 Agricultural "A-163" Conc. 4 91-76 R1-355 O.M.B. From Agricultural 'A" to 561 Old Dundas Road Pt. Lot 46, B-1 Aug 12/91 01-356 Decision Residential "R1-335" and Conc. 1 File Nos. Private Open Space "01-161" S 900026 Z 910119 91-93 --- --- From Residential "R3-349" Zone Phase II, Stage I, Lot 48, Conc. 3 B-1 Oct 16/91 to Residential "R4" Zone Meadowlands 92-8 --- --- From Existing Residential "ER" 414 Lodor Street Lot 46, Conc. 2 B-1 Jan 13/92 Zone to Residential Multiple "RM1" Zone N/A R2-350 O.M.B. Modification to the existing 64 Jerseyville Road Lot 42, Conc. 3 B-1 Nov 8/91 Decision Residential "R2" Zone in File No. accordance with Ontario Municipal C900849 Board decision date Nov. 8, 1991. 92-19 --- 92-26 From Residential Hamlet "RH" Governor's Road Lot 31, Conc. 1 A-3 Feb 24/92 to Public Open Space "O2" (Hwy. No. 99) 92-26 02-165 92-19 Inclusion of Exception No. 165 Governor's Road Lot 31, Conc. 1 A-3 Mar 23/92 to "O2" Zoning under By-law No. (Hwy. No. 99) 92-19 92-24 M2-334 --- From Public Open Space "O2" to Block 18, Reg. Plan Lot 51, Conc. 2 B-1 Mar 23/92 Prestige Industrial "M2-334" 62M-606 APPENDIX A (10) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 92-59 RM3-359 --- From Residential "R3" to 175 Fiddlers Green Road Pt. Lot 43, B-1 June 22/92 (92-85) Residential Multiple "RM3-359" Conc. 3 N/A A-164 OMB Decision From Agricultural "A" to 145 Hwy. No. 52 Pt. Lot 31, A-1 Sep 3/92 File No.Z910039 Agricultural "A-164" Conc. 2 92-68 --- --- From Deferred Development "D" 352 Wilson Street W. Pt. Lot 39, B-1 July 20/92 to Residential "R3" Conc. 3 92-70 RM3-344 --- From Residential "R3" to 210 Fiddlers Green Road Pt Lot 42 B-1 July 20/92 Residential Multiple "RM3-344" Conc. 3 92-79 VA-226 --- Modification to "VA-226" Zone 401 Wilson Street E. Pt. Lot 45, B-2 Aug 17/92 Conc. 2 92-82 --- --- From Deferred Development "D" Pineview Heights Pt. Lot 47, B-1 Aug 17/92 to Residential "R3" Addition Conc. 3 92-94 --- --- General Amendments re: Adult --- --- --- Sept 28/92 Entertainment and Body Rub Parlours 92-95 --- --- General Amendments re: Arcades --- --- --- Sept 28/92 92-109 --- --- Temporary Use By-law to permit Golf Links Road Pt. Lot 54, --- Nov 23/92 a Landscape Business Conc. 3 93-10 VA-361 --- From Village Area "VA" to 334/336 Wilson St. E. Pt. Lot 45, --- Mar 8/93 Village Area "VA-361" Conc. 2 93-11 --- --- General Amendments re: --- --- --- Feb 8/93 Satellite Dish Antennae APPENDIX A (11) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 93-20 --- --- Modification to Residential --- --- --- Feb 22/93 Zone and introduction so new Residential zones 93-33 A-166 --- From Agricultural "A" to Carluke/Shaver Road Lot 36, Conc. 7 A-2 Apr 14/93 Agricultural A-166 93-39 A-362 --- From Agricultural "A" to Mohawk Road W. Lot 54, Conc. 2 B-1 Apr 26/93 Agricultural "A-362" 93-42 A-168 --- From Agricultural "A" to 762 Book Road W. Lot 35, Conc. 5 A-2 May 10/93 Agricultural "A-168" 93-51 A-167 --- From Agricultural "A" to 278 Hwy. 52 N. Lot 30, Conc. 2 A-1 May 26/93 Agricultural "A-167" 93-58 I-363 --- From Agricultural "A" to 623 Shaver Road Lot 37, Conc. 4 B-1 June 14/93 Institutional "I-363" 93-63 H-RM5-364 --- From Agricultural "A" to 970 Golf Links Rd. Lot 51, Conc. 3 B-1 June 28/93 Holding-Residential Multiple "H-RM5-364" 93-74 --- --- From Residential "R3-349" to Meadowlands of Lot 48 & 49, B-1 Aug 16/93 Residential "R4" Ancaster - Phase 2(b) Conc. 3 93-80 H-C2-365 --- From Agricultural "A" to Holding Meadowlands Lots 51, 52, & B-1 Sept 13/93 H-C3-366 Shopping Centre Commercial Commercial Block 53, Conc. 2 "H-C2-365" and Holding General Golf Links Road Commercial "H-C3-366" 93-85 H-R3 --- From Agricultural "A" to Holding 407 Southcote Road Lot 48, Conc. 3 B-1 Sept 27/93 Residential "H-R3" APPENDIX A (12) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 93-105 --- --- Modification to Setback Standards Golf Links Rd/Halson St. "C" Nov 22/93 93-108 A-169 --- From Agricultural "A" to 451 Book Rd. E Lot 47, Conc. 4 A-2 Dec 13/93 Agricultural "A-169" 93-109 --- --- Modification to Liquid Manure General Amendment Dec 13/93 Storage Facilities Provisions RM4-393 --- From Agricultural "A" to Old Mohawk Road Lot 53, Conc. 2 B-1 Dec 14/94 Residential Multiple "RM4-393" 94-25 RM3-351 90-125 From Holding-Residential Meadowlands Blvd. Pt. Lot 50, B-1 Apr 11/94 Multiple "H-RM3-351" to Conc. 3 Residential Multiple "RM3-351" 94-43 R4-367 --- From Agricultural "A" to Meadowbrook Drive Pt. Lots 37 & 38, B-1 Aug 29/94 R4-368 Residential "R4-367", Residential R4-369 "R4-368", Residential "R4-369", R4-370 Residential "R4-370", Residential R5-371 "R5-371", Holding Residential H-RM2-372 Multiple "H-RM2-372", Holding H-RM4-373 Residential Multiple "H-RM4-373", H-RM5-374 Holding Residential Multiple I "H-RM5-374", Institutional "I" and O2 Public Open Space "O2" 94-45 A-375 --- From Agricultural "A" to 595 Southcote Road Pt. Lot 48, B-1 June 27/94 Agricultural "A-375" Conc. 4 94-46 A-376 --- From Agricultural "A" to 1541 Fiddler's Green Rd. Pt. Lot 43, B-1 June 27/94 Agricultural "A-376" Conc.4 94-68 ER --- From Public Open Space "O2" Robina Road Pt. Lot 43, B-1 Sept 12/94 to Existing Residential "ER" Conc. 3 APPENDIX A (13) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 97-78 RM5-364 --- From Holding Residential Golf Links Road Pt. Lot 51, B-1 Oct. 12/94 Multiple "H-RM5-364" to Conc. 3 Residential Multiple "RM5-364" 94-79 RM3-378 --- From Residential "R2" to 173 Wilson St. W Pt. Lot 41, B-1 Oct 12/94 Residential Multiple "RM3-378" Conc. 3 94-81 C2-365 93-80 From Holding Shopping Centre Martindale Crescent Pt. Lots 51, 52 B-1 Oct 24/94 Commercial "H-C2-365" & 53, Conc. 2 94-88 C3-310 --- By adding the uses "video rental 352 Wilson Street E. Pt. Lot 45, -- Dec 5/94 outlet, bakery, and convenience Conc. 2 retail store to the first paragraph of Section "C3-310" 94-89 R4-377 --- From Residential "R3-349" to Meadowlands Phase 2C Pt. Lot 48 & 49 B-1 Dec 5/94 Residential "R4" and Residential Conc. 3 "R4-377" 94-90 C3-310 --- By adding the use "animal 352 Wilson Street E. Pt. Lot 45, -- Dec 5/94 hospitals (without outside runs)" Conc. 2 to the first paragraph of Section "C3-310" 94-100 C3-379 --- From motor vehicle services 98 Wilson Street W. Pt. Lot 41, B-1 Dec 19/94 "C6-213" to General Commercial Conc. 3 "C3-379" 94-101 C2-157 91-28 From Holding Shopping Centre 1051 Hwy. No. 53 W. Pt. Lot 36, B-1 Dec 19/94 Commercial "H-C2-157" to Conc. 3 Shopping Centre Commercial "C2-365" APPENDIX A (14) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 95-19 C2-365 93-80 From Holding Shopping Centre 60 Martindale Crescent Pts. 1 & 2 B-1 Dec 19/94 Commercial "H-C2-365" to RP62R-13223 Shopping Centre Commercial "C2-365" 95-24 A-171 --- From Agricultural "A" to 2844 Governor's Road Pt. Lot 23, A-1 Apr 10/95 Agricultural "A-171" Conc. 1 95-31 C2-365 93-80 From Holding Shopping Centre 977 Golf Links Rd. Pt. Blk 5, B-1 Apr 10/95 "H-C2-365" to Shopping Centre Plan 62M-769 Commercial "C2-365" 95-37 C3-366 93-80 From Holding General Commercial 1051 Golf Links Rd. Block 4, B-1 May 8/95 95-38 C2-365 93-80 From Holding Shopping Centre 14 Martindale Crescent Pt. Blk 3, B-1 May 8/95 Commercial "H-C2-365" to Plan 62M-769 Shopping Centre Commercial "C2-365" 95-49 C-365 93-80 From Holding Shopping Centre 977 Golf Links Rd. Pt. Blk 5, B-1 June 12/95 Commercial "H-C2-365" to 62M-769 Shopping Centre Commercial "C2-365" 95-69 R4 --- From Agricultural "A-216" to Fields of Fiddler's Green Pt. Lot 42, B-1 Aug 24/95 R4-382 Residential "R4", Residential Conc. 3 H-RM2-383 "R4-382", Holding Residential H-RM2-384 Multiple "H-RM2-383", H-RM2-385 "H-RM2-384", "H-RM2-385" H-RM2-386 "H-RM2-386", "H-RM2-387" H-I-388 Holding Institutional "H-I-388" O2-389 and Public Open Space "O2-389" APPENDIX A (15) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 95-70 C3 95-70 From Holding General Hwy. #53 & Given Rd Pt. Lot 35, B-1 Aug 21/95 Commercial "H-C3" 95-96 H-M4-172 --- From General Industrial "M4" 1362 Osprey Drive Pt. Lot 33 & 34 A-5 Nov 6/95 Zone to Holding General Conc. 4 Industrial "H-M4-172" 95-99 ER-380 --- From Existing Residential "ER" 57 Valleyview Drive Pt. Lot 40, B-1 Nov 13/95 to Existing Residential "ER-380" Conc. 3 95-100 R3 --- From Deferred Development "D" 312 Fiddler's Green Rd Pt. Lot 3, B-1 Nov 13/95 to Residential "R3" 95-106 VA-332 --- Modifying Village Area 346 Wilson Street East Pt. Lot 45, -- Nov 27/95 "VA-332" Conc. 3 95-112 P-391 --- From Public "P" to Public 617 Hwy. #53 East Pt. Lot 48, B-1 Dec 11/95 "P-391" Conc. 3 95-113 H-M5-173 --- From Agricultural "A" to 1440 Jerseyville Road W Pt. Lot 30 A-1 Dec 11/95 Holding Rural Industrial Conc. 3 "H-M5-173" 95-114 A-174 --- From Agricultural "A" to 1110 Jerseyville Road W. Pt. Lot 32, A-1 Dec 11/95 Agricultural "A-174" Conc. 3 95-126 R3 --- From Deferred Development "D" 681 Mohawk Road Pt. Lot 49, B-1 Dec 18/95 R3-390 and Existing Residential "ER" to Conc.2 O2 Residential "R3", Residential O-391 "R3-390", Public Open Space "O2" and Private Open Space "O-391" APPENDIX A (16) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 95-127 ER-392 --- From Existing Residential "ER" to 14 Valleyview Drive Pt. Lot 40, B-1 OMB H-ER-393 Existing Residential "ER-392" and Conc. 3 Holding Existing Residential "H-ER-393" 96-4 H-RM2-372.1 94-43 Modifying Holding Residential Meadowbrook Manors Pt. Lot 38, --- Jan 22/96 Multiple "H-RM2-372" Conc. 3 96-18 R4-394 --- From Agricultural "A" to Jerseyville Estates Pt. Lot 37, B-1 Apr 1/96 R3-395 Residential "R4-394", "R3-395" Conc. 3 H-R3-396 Holding-Residential "H-R3-396" R5-397 Residential "R5-397", Holding- H-RM2-398 Residential Multiple "H-RM2-398", H-RM2-399 Holding Residential Multiple P "H-RM2-399", Public "P", Public O2 Open Space "O2" 96-24 H-M4-172 95-96 From Holding General Industrial 1362 Osprey Drive Pt. Lots 33 & 34 B-1 Apr 1/96 "H-M4-172" to General Industrial Conc. 4 "M4-172" 96-26 A-115 ---- Modifying Agricultural "A-115" 394 Book Road East Pt. Lot 46, A-2 Apr 1/96 Conc. 5 96-29 R3 --- From Holding-Residential "H-R3" 399 & 403 Southcote Pt. Lot 48, B-1 Apr 15/96 to Residential "R3" Road 96-36 RM5-364 93-69 From Holding Residential 970 Golf Links Road Pt. Lot 51, B-1 May 6/96 Multiple "H-RM5-364" to Conc. 3 Residential Multiple "RM5-364" 96-37 H-R3-400 --- From Deferred Development "D" 323 Hamilton Drive Pt. Lot 39, B-1 May 6/96 H-R3-401 to Holding Residential Conc. 3 APPENDIX A (17) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 96-51 RM3-351 90-125 From Holding Residential 810 Golf Links Road Pt. Lot 51, B-1 July 15/96 Multiple "H-RM3-351" to Conc. 3 Residential Multiple "RM3-351" 96-99 H-C2-402 --- From Prestige Industrial "M2" to Golf Links Road Pts. Lot 49 & 50 B-1 Dec 2/96 Holding Shopping Centre (Cinemas) Conc. 2 Commercial "H-C2-402" 96-100 M2-403 --- From Prestige Industrial Exception Legend Court Pt. Lots. 50& 51, B-1 Dec 2/96 H-52-403 "M2-334" to prestige industrial (Price Club) Conc. 2 Exception "M2-403" and Holding Prestige Industrial Exception "H-M2-403" 97-4 H-M2 --- From Agricultural "A" to 1143 Hwy. #2 Pt. Lt. 35, A-5 Jan 13/97 Holding Prestige Industrial "H-M2" Conc. 3 97-15 H-M2-404 --- From Prestige Industrial "M2" to Sears - Legend Court Pt. Lts. 50 & 51 B-1 Feb 3/97 Holding Prestige Industrial Conc. 2 "H-M2-404" 97-23 H-C2-157 --- Amending "Holding Shopping 1051 Hwy. #53 W. Pt. Lt. 36, -- Mar 17/97 C2-157 Centre Commercial "H-C2-157" Conc. 3 And Shopping Centre Commercial "C2-157" 97-24 Increase of GFA --- Increase of Max Gross Floor area 1051 Hwy. #53 W. --- --- Mar 17/97 97-26 R1-405 --- From Deferred Development "D" 71 Lovers Lane Pt. Lt. 43, B-1 Apr 7/97 D-406 to Residential "R1-405" and Conc. 2 Deferred Development "D-406" APPENDIX A (18) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 97-33 R3-390 --- From Deferred Development "D" Fallingbrook Estates Pt. Lt. 49, B-1 Feb 3/98 R3-390-1 & Existing Residential "ER" to R3-390-2 Residential "R3", Residential "R3-390", Public Open Space "O2", & Private Open Space "O1-391" 97-34 H-RM2-372.2 --- Modifying "Holding Residential Meadowbrook Manors Pt. Lt. 38, -- Apr 21/97 Multiple "H-RM2-372" Conc. 3 97-35 R1-407 --- From Deferred Development "D" Enclave - Lovers Lane Pt. Lt. 43, B-1 Apr 21/97 to Residential "R1-407" 97-40 RM2-384 --- From Holding-Residential Multiple Fields of Fiddlers Green Blk 94, -- May 5/97 "H-RM2-384" to Residential Plan 62M-800 Multiple "RM2-384" and from Holding-Residential Multiple "H-RM2-386" to Residential Multiple "RM2-386" 97-43 C2-402 96-99 From Holding Shopping Centre Cinemas - Golf Links Ft. Lt. 49 & 50 -- May 5/97 Commercial "H-C2-402" to Conc. 2 Shopping Centre Commercial "C2-402" 97-45 RM3-351 90-125 From Holding Residential 20 Kitty Murray Lane Pt. Lot 50 -- May 21/97 Multiple "H-RM3-351" to Conc. 3 Residential Multiple "RM3-351" APPENDIX A (19) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 97-48 R3-409 90-125 From Residential "R3-349", Meadowlands Pt. Lts. 48, 49 & -- May 21/97 R4 Holding Residential Multiple 50, Conc. 3 R5 "H-RM2-350", Public Open Space H-RM2-350 "O2", and Holding Residential H-RM3-351 Multiple "H-RM3-351" to the I Residential "R3-409", Residential O2 "R4", Residential "R5", Holding Residential Multiple "H-RM2-350", Holding Residential Multiple "H-RM2-351", Institutional "I" and Public Open Space "O2" 97-60 RM2-387 95-63 From Holding-Residential Fields of Fiddlers Green Blk 87 B-1 July 14/97 Multiple "H-RM2-387" to Plan 62M-800 Residential Multiple "RM2-387" 97-61 RM2-372 94-43 From Holding-Residential 21-35 Morwick Dr. Lts. 44-51 B-1 July 14/97 Multiple "H-RM2-372" to Plan 62M-797 Residential Multiple "RM2-372" 97-62 A-176 --- From Rural Commercial "C5-125" 2782 Jerseyville Rd. Pt. Lt. 17, A-4 July 14/97 to Agricultural "A-176" 97-74 RM2-383 95-63 From Holding Residential 3-19 Foxborough Dr. Pt. Blk 85 B-1 Aug 18/97 Multiple "H-RM2-383" to Plan 62M-800 Residential Multiple "RM2-383" 97-75 RM2-384 95-63 From Holding Residential 23-33 Foxborough Dr Pt. Blk 86, B-1 Aug 18/97 Multiple "H-RM2-384" to Plan 62M-800 Residential Multiple "RM2-384" APPENDIX A (20) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 97-81 C2-402 96-99 From Holding Shopping Centre 771 Golf Links Road Pt. Lts. 49 & 50 B-1 Aug 18/97 Commercial "H-C2-402" to Conc. 2 Shopping Centre Commercial "C2-402" 97-84 R4 --- From Agricultural "A-216" to Twin Gables Estates Pt. Lt. 41, B-1 Aug 18/97 R5-410 Residential "R4", Residential Conc. 3 R5-411 "R5-410", Residential "R5-411", O2 and Public Open Space "O2" 97-90 A-376 --- From Agricultural "A" to 1541 Fiddlers Green Rd. Pt. Lt. 43, B-1 Sept 15/97 Agricultural "A-376" Conc. 6 97-91 A-375 --- From Agricultural "A" to 618 Hwy. #53 Pt. Lt. 48, B-1 Sept 15/97 Agricultural "A-375" Conc. 4 97-97 R4 --- From Agricultural "A" to Kitty Murrray & Pt. Lt 48, B-1 Oct 6/97 Residential "R4" Phelm Dr. Conc. 3 97-98 R4-394 --- Modifying Residential "R4-394" Jerseyville Estates Pt. Lt. 37, -- Oct 6/97 R4-395 and "R3-395" Conc. 3 97-105 RM2-398 96-18 From Holding-Residential Jerseyville Estates Pt. Lt. 37, B-1 Oct 20/97 Multiple "H-RM2-398" to Conc. 3 Residential Multiple "RM2-398" 97-113 RM2-387 95-63 From Holding-Residential Fields of Fiddlers Green Blk 88, B-1 Nov 3/97 Multiple "H-RM2-387" to Plan 62M-800 Residential Multiple "RM2-387" 97-114 RM2-385 95-63 From Holding Residential Fields of Fiddlers Green Blk 90, B-1 Nov 3/97 Multiple "H-RM2-385" to Plan 62M-800 Residential Multiple "RM2-385" APPENDIX A (21) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 97-124 RM5-374 --- Change from "H-RM5-374" to --- Lot 43, R.P B-1 Dec. 15/97 "RM5-374" (H-Removal) 62M-797 98-13 I-418 --- From Agricultural "A" to 32 & 116 Glancaster Rd. Lot 53, Conc.4 B-1 Jan 19/98 Institutional "I-418" 98-20 H-RM4-411 --- From Agricultural "A" to 876 Golf Links Road Pt. Lot 51, B-1 Feb 2/98 Holding Residential Multiple Conc. 3 "H-RM4-411" 98-21 A-177 --- From Agricultural "A" to 292 Sunnyridge Road Pt. Lots 17 & 18 A-4 Feb 2/98 Agricultural "A-177 Conc. 3 98-33 RM2-387 95-63 From Holding Residential 516 Fiddler's Green Blk 93 B-1 Mar 2/98 Multiple "H-RM2-387" to Plan 62M-800 Residential Multiple "RM2-387" 98-34 C6-419 From Motor Vehicle Services 33 Wilson Street East Part of Lots 42, B-1 May 4/98 "C6" to the Motor vehicle Conc. 3 Services "C6-419" 98-36 RM2-385 95-36 From Holding Residential 516 Fiddler's Green Blk 92, B-1 Mar 23/98 Multiple "H-RM2-385" to Plan 62M-800 Residential Multiple "RM2-385" 98-39 RM2-387 95-36 From Holding Residential 516 Fiddler's Green Blk 89, B-1 Apr 6/98 Multiple "H-RM2-387" to Plan 62M-800 Residential Multiple "RM2-387" 98-44 RM2-384 95-36 From Holding Residential 516 Fiddler's Green Blk 92, B-1 Apr 20/98 Multiple "H-RM2-384" to Plan 62M-800 Residential Multiple "RM2-384" APPENDIX A (22) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 98-47 C2-420 From Prestige Industrial 803 & 821 Golf Links & Pts. 13,14,15,16 B-1 May 4/98 "M2-334" and Prestige Industrial 27 Legend Court Ref. Plan "M2-354" to Shopping Centre 62R-14110 Commercial "C2-420" Lot 1 & 2, 62M-606 98-49 RM5-364 93-63 From Holding Residential 970 Golf Links Road Pt. Lot 51 B-1 May 20/98 Multiple "H-RM5-364" to Conc. 3 Residential Multiple "RM5-364" 98-53 M2-241 --- From Prestige Industrial "M2-334" 10 Legend Court Pt. Lts. 50 & 51 B-1 June 1/98 to Prestige Industrial "M2-421" Conc. 2 98-59 01-159 90-131 From Holding Private Open Jerseyville Road W. Pt. Lt. 27, B-1 June 15/98 Space "H-01-159" to Private Conc. 2 Open Space "01-159" 98-61 C1-422 --- From Agricultural "A" to the Golf Links Rd & Pts. Lts. 52 & 53 B-1 June 15/98 RM6-423 Neighbourhood Commercial Stonechurch Conc. 3 RM2-424 "C1-422", the Residential O2-425 Multiple "RM6-423", the Residential Multiple "RM2-424" And Public Open Space "O2-425" 98-62 C1-426 --- From Agricultural "A" to the Southwest Corner of Pt. Lt. 53 B-1 June 15/98 Neighbourhood Commercial Golf Links Road & Conc. 3 "C1-426" Stonechurch 98-71 RM4-411 98-20 From Holding-Residential 876 Golf Links Road Pt. 1, Ref Plan B-1 July 20/98 Multiple "H-RM4-411" to 62R-14431 & Residential Multiple "RM4-411" Pts. 1 &2, Ref. Plan 62R-14479 98-91 I 98-23 From Holding-Institutional "H-I" 161 Meadowlands Blvd. Pt. Lt. 51, B-1 Aug 24/983 to Institutional "I" Conc. 3 APPENDIX A (23) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 98-104 A-324 --- From Agricultural "A" to 58 Carluke Road Pt. Lt. 42, A-2 Sept 14/98 Agricultural "A-324" Conc. 7 98-132 RM4-433 --- From Village Area "VA" to 375 Wilson Street East Pt. Lot 45, B-2 Dec 14/98 Residential Multiple "RM4-433" Conc. 2 98-133 VA-432 --- From Village Area "VA" to 375 Wilson Street East Pt. Lot 45, B-2 Dec 14/98 Village Area "VA-432" Conc. 2 98-136 R2-427 --- From Agricultural "A" to 285 Lovers Lane Pt. Lt. 42, B-1 Oct 13/98 R2-428 Residential "R2-427", Residential Conc. 2 R2-429 "R2-428", Residential "R2-429", R2-430 Residential "R2-430" and R3 Residential "R3" 99-16 R3 --- From Deferred Development "D" 311 Hamilton Drive Pt. Lt. 40, B-1 Feb 15/99 to Conc. 3 99-20 -- --- Home-Based Business --- --- --- Mar 1/99 99-34 M2-435 --- From Prestige Industrial 44 Legend Court Pt. Lt. 51 B-1 Apr 7/99 "M2-334" to Prestige Industrial Conc. 2 "M2-435" 99-37 A-179 --- From Agricultural "A" to 1399 Powerline Road Pt. Lts. 28 & 29 A-1 Apr 19/99 Agricultural "A-179" COnc. 1 99-45 RM2-372 94-43 From Holding Residential Meadowbrook Manor Lots 52-65 B-1 May 3/99 Multiple "H-RM2-372" to Plan 62M-797 Residential Multiple "RM2-372" 99-46 RM5-374 94-43 From Holding Residential Meadowbrook Manor Lots 69, 71, 73 B-1 May 3/99 Multiple "H-RM5-374" to & 75 Residential Multiple "RM5-374" Plan 62M-797 APPENDIX A (24) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 99-47 C2-420.1 98-47 Deletion of Section "C2-420.1" as 27 Legend Court Pt. Lt. 45, -- May 3/99 incorporated by By-law 98-47 and Conc. 2 replaced by Section "C2-420.1" in By-law 99-47 99-49 R-437 --- From Residential "R4-367", Meadowbrook Manor Pt. Lt. 38, B-1 May 3/99 R-438 "R4-438", "R4-369" & "R4-370" Conc. 3 R-439 to the Residential "R4-437", R-440 "R4-438", "R4-439" & "R4-440" RM5-374 94-43 From Holding Residential Meadowbrook Manor Pt. Lt. 38, B-1 May 3/99 Multiple "H-RM5-374" to Conc. 3 Residential Multiple "RM5-374" 99-53 VA-436 --- From Village Area "VA" to 407-415 Wilson Street E. Pt. Lt. 45, B-2 May 17/99 Village Area "VA-436" Conc. 2 99-63 HC, H-HC, --- From Hamlet Residential, General General Amendment Pt. Lt. 31 A-3 Jun 7/99 HC-119 Commercial "C3-105, General Conc. 1 Commercial "C3-127" and General Commercial "C3-119" to the Hamlet Commercial "HC", the Holding Hamlet Commercial "H-HC" and Hamlet Commercial "HC-119" 99-64 R3 --- From Deferred Development "D" 2 Greenravine Drive Pt. Lts. 47 & 48 B-1 Jun 7/99 to the Residential "R3" Conc. 2 99-87 H-R1-441 --- From Deferred Development "D" 253 Golf Links Road Pt. Lt. 45, B-1 Aug 9/99 to the Holding Residential Conc. 2 "H-R1-441" APPENDIX A (25) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 99-90 C2-157 97-23 From Holding Shopping Centre 1051 Hwy. No. 53 East Pt. Lt. 36, B-1 Aug 12/99 Commercial "H-C2-157" to Conc. 3 Shopping Centre Commercial "C2-157" 99-95 A-181 --- From Agricultural "A" to 153 Carluke Road East Pt. Lt. 44 A-2 Sept 13/99 Agricultural "A-181" Conc. 6 99-96 A-180 --- From Agricultural "A" to 1734 Trinity Road Pt. Lt. 30, A-2 Sept 13/99 Agricultural "A-180" Conc. 6 99-104 RM6-443 --- From Agricultural "A" to 1248 Mohawk road West Pt. Lot 54. B-1 Oct 18/99 Residential Multiple "RM6-443" Conc. 2 99-105 M1-182 --- From Industrial "M1" to 591 Trinity Road Pt. Lots 30 & 31, A-5 Oct. 18/99 Industrial "M1-182" Conc. 4 00-17 RM4 - 444 --- From Residential "R3-223" to Old Dundas Road & Pt. Lt. 46, B-1 Feb 7/00 Residential "R4-444" Montgomery Drive Conc. 2 00-19 R1-441 --- Change from "H-R1-441" 253 Golf Links Rd. Pt. Lt. 45, B-1 Feb 7/00 to "R1-441" (H-removal) Conc. 2 00-30 RM4-373 --- Change from "H-RM4-373" Block 82 of 62M-895 --- B-1 Mar 6/00 to "RM4-373" (H-Removal) 00-38 --- --- Bed and Breakfast General Amendment --- --- Apr 12/00 00-39 --- --- Decks General Amendment --- --- Apr 12/00 00-43 R4-437 --- Change from Institutional "I" 1 - 9 Tranquility Ave Pt. Lt. 38 B-1 Apr 17/00 to Residential "R4-437" Conc. 3 00-49 H-R4-446 --- Change from Deferred Dev. "D" 295 Hamilton Drive Pt. Lt. 39 B-1 May 1/00 to H-Residential "H-R4-446" Conc. 3 APPENDIX A (26) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 00-58 C3-183 --- Change from Agricultural "A" 1154 Wilson St. W. Pt. Lt. 35 A-5 June 5/00 to General Commercial "C3-183" Conc. 3 00-60 RM3-447 --- Change from Residential Multiple Stonehenge Dr & Pt . Lt. 50 & 51 B-1 June 5/00 "RM3-351" to "RM3-447" Meadowlands Blvd. Conc. 3 00-82 RM2-350 --- Change from "H-RM2-350" to 67-161 Thoroughbred Pt. Lt. 49 & 50 B-1 Jul 10/00 "RM2-350" (H-Removal) Boulevard Conc. 3 00-87 VA-449 --- Change from Village Area "VA" 343 Wilson St. E Pt. Lot 44 B-2 Aug 14/00 to Modified Village Area "VA-449" Conc. 2 00-96 H-C4-453 --- Change from Agricultural "A" Old Golf Links Rd & Pt Lt. 53 B-1 Sept. 11/00 to H-Commercial "H-C4-453" Stone Church Rd Conc. 2 & 3 00-98 H-C3-445 --- Change from Agricultural "A" to 1000 Golf Links Rd Pt. Lt 52 B-1 Sept 11/00 H-Commercial "H-C3-445" Conc. 3 00-109 H-A-455 --- Change from Agricultural "A" to Garner Rd/ Southcote Rd Pt. Lt. 48 B-1 Oct 2/00 H-Agricultural "H-A-455" Conc. 4 00-110 ER-454 --- Change from Existing Residential 178 Central Drive Pt. Lt. 40 & 41 B-1 Oct 2/00 " ER" to Modified "ER-454" Conc. 3 00-112 R5-456 --- Change from Existing Residential 144 McNiven Road Pt. Lt 47 B-1 Oct 16/00 to Residential "R5-456" Conc. 2 00-115 C3-448 --- Change form Agricultural "A" to 1281 Mohawk Road Pt. Lt. 54 B-1 Oct 16/00 General Commercial "C3-448" Conc. 2 00-120 R4-450 --- Change from Agricultural "A" to Stonehenge Dr & Pt. Lt. 48 B-1 Nov 6/00 to Residential Exception"R4-450" Southcote Rd Conc. 3 and Open Space "O2" APPENDIX A (27) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 00-121 H-A-184 --- Change from Agricultural "A" to Alberton Rd. West side Pt. Lt 24 A-2 Nov 6/00 to H-Agricultural "H-A-184" Conc. 4 00-126 C3-457 --- Change from Existing Residential Part of Lots 41 & 42, Pt. Lt. 41 & 42 B-1 Nov 6/00 "ER" to General Commercial Concession 3 Conc. 3 "C3-457" 00-129 C2-157 --- Change from "H-C2-157" to Pt. Lt. 36, Conc. 3 Pt. Lt. 36 B-1 Dec 4/00 "C2-157" (H-Removal) Conc. 3 01-065 CI-263 --- Change from Existing Residential 3 Wilson Street East Pt. Lt. 43, B-1 Mar 21/05 "ER" to Neighbourhood Conc. 3 Commercial "C1-263" 01-088 C3-445 --- Change from "H-C3-445" to 1000 Golf Links Rd --- B-1 May 15/01 to "C3-445" (H-Removal) 01-134 A-376 --- Change from "A" Agricultural to 1521 Fiddlers Green Rd Pt. Lt. 43, A-2 Aug 15/01 to "A-376" Agricultural Conc. 6 01-135 C1-422 --- Additional Use: Animal Hospital 34 Stone Church Road Pt. Lt. 52 & 53 --- Aug 15/01 with outside runs Conc. 3 01-146 R3-461, R3-462 --- Change from "A-216" Agricultural 464 Hamilton Drive & Pt. Lt. 38 & 39 B-1 Jul 10/01 R3-463, R3-464 & "O2" Public Open Space to 439 Garner Road West Conc. 4 R3-465 "R3-461", "R3-462", "R3-463" "R3-464" & "R3-465" Residential 01-194 R3-460 --- Change from "ER" Existing 120 Wilson Street West Pt. Lt. 41, B-1 Aug 22/01 Residential to Residential Conc. 3 "R3-460" APPENDIX A (28) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 01-195 R3-467 --- Change from Residential Multiple 600 Old Dundas Road Pt. Lt. 46 & 47, B-1 Aug 22/01 "RM4-444" to Residential Conc. 2 "R3-467" 01-238 R2-468 --- Change from Agricultural 219 Garner Road East Pt. Lt. 44 & 45, B-1 Oct 16/01 "A-216" to Residential "R2-468" Conc. 3 01-270 I-469-H, --- Change from "A" Agricultural to 3 Stonechurch Rd. West Pt. Lt. 53 & 54, B-1 Nov 27/01 RM4-470-H Institutional Holding "I-469-H" Conc. 3 and Residential Multiple "RM4-470" 02-001 "R5-471" --- Change from "R5-371" Residential Meadowbrook Manor Pt. Lt. 38 B-1.2 Aug 2/02 to Residential "R5-471" Zone Phase 2. Selected lots. Conc. 3 02-031 "RM3-185" --- Amendment to provisions 900 Golf Links Road Pt. Lt. 51 A Feb 18/02 Conc. 3 02-032 "A-186" --- Amendment to provisions 743 Carluke Road West Lt. 36, Conc. 6 A May 23/02 02-042 --- --- Change from "I" Institutional 37 Field Road Pt. Lt. 19, A-4 May 23/02 to "RH" Residential Hamlet Conc. 2 02-074 CI-263 --- Change from "CI-263-H" to 3 Wilson St. E Pt. Lt. 43, B-1 Mar 27/00 "CI-263" (H-Removal) Conc. 3 02-139 --- --- Change from "A" Agricultural Meadowlands Phase 6 Pt. Lt. 51 B-1 Jul 15/02 to "O2" Public Open Space & Conc. 3 Residential "R4" Zone 02-154 --- 92-7 Amendment to By-law No. 92-7 Block 169 & 170 of Registered Plan 62M-926 May 29/02 02-174 --- --- Change from Agricultural "A" to 407 Southcote Road Pt. Lt 48, B-1 Jul 31/02 Residential "R4" Conc. 3 APPENDIX A (29) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 02-184 "RM3-477" --- Change from Residential multiple Stonehenge Phase 2 Pt. Lt. 51 B1-8 Aug 22/02 "RM2-478" "RM3-447" to Residential Multiple Conc. 3 "RM3-477" and "RM2-478" 02-209 --- --- Phased Registration of Condominiums Section 7.26 --- Feb 7/03 02-268 "R4-480" --- Amendment to Schedule B1.4 --- --- B1.4 Nov 15/02 "O2-389" 02-319 "R4-481" --- Amendment to Schedule B --- --- B Feb 24/05 "R4-482-H" "RM4-483" "RM4-484" "RM2-485" "RM6-486" "O2-487" "RM5-488" "RM6-489" 02-360 "RM4-399" --- Change from "RM4-399-H" to 163 Tranquility Ave --- B-1 Dec 11/02 "RM4-399" (H-Removal) 03-014 "C3-479" --- Change from "ER" Existing 213 Wilson Street Pt. Lt. 44 B-1 May 2/03 Residential to "C3-479" General Conc. 2 Commercial 03-023 --- --- Change from "A" Agricultural 413 Southcote Road --- B1.4 Mar 25/03 to "R4" Residential 03-029 A-490 --- Change from "A" Agricultural to 412 & 416 Hwy. 52 Pt. Lt. 30 A-1 Mar 25/03 Site specific "A-490" Agricultural Conc. 3 03-079 --- --- Change from "A" Agricultural to 1190-1200 Old Mohawk Pt. Lt. 53, B May 16/03 "R4" Residential Road Conc. 2 APPENDIX A (30) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 03-095 ---- --- Multiple changes to Schedule B 339 Garner Road West & --- B Sept 29/03 431 Hamilton Drive 03-152 VA-498 --- Change from "VA" Village Area 406 Wilson Street East Pt. Lt. 45 B-2 Aug 27/03 to "VA-498" Village Area Conc. 2 03-163 --- --- Model Homes in Draft Plans of Subdivision --- --- Nov 14/03 03-165 --- --- Change from "A" Agricultural to 724 Upper Horning Road --- B-1 Jun 25/03 "R4" Residential & "O2" Public 03-186 "RM5-499" --- Change from "A-216" Agricultural 439 Shaver Road Pt Lt. 37 B-1 Aug 27/03 to Residential Multiple "RM5-499" Conc. 3 03-212 --- --- Change from "D" Deferred 226 Southcote Road --- B-1 Sept 24/03 Development to "R3" Residential 03-236 "R4-500" --- Change from Public Open Space Pt. 1 Plan 62R-16348 Pt. Lt. 49 B-1 Oct 23/03 "O2" to Residential "R4-500" Conc. 2 03-281 "VA-502(H)" --- Change from "VA" Village Area 402 Wilson Street East Pt. Lt. 45 B-2 Nov 24/03 to Site Specific Holding Conc. 2 "VA-502(H)" Village Area 03-327 "C2-402" --- Change to provisions C2-402 737, 771, 803-839 Golf --- --- Dec 1/03 Links Road & 27 Legend Crt. 03-329 "C3-231" --- Change from "ER" Existing 231 & 241-245 Wilson Pt. Lt. 44 B-1,B-2 Dec 1/03 Residential & "C3-231" General Street East Conc. 2 Commercial to "VA-503" Village Area 03-350 "I-501" --- Change from "A" Agricultural 582 Carluke Road West Pt. Lt. 37 A-2 Jan 29/04 to Institutional "I-501" Conc. 7 APPENDIX A (31) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 04-024 "ER-505" --- Change from "ER-224" Existing 47 Wilson Street East Pt. Lt. 43 B-1 Mar 24/04 "ER-506" Residential to "ER-505" Existing Conc. 3 Residential 04-080 "C3-507" --- Change from "C3" General 1151 Garner Road West Pt. Lt. 35 A-5 Jun 1/04 Commercial to "C3-507" General Conc. 3 Commercial 04-081 "RM6-486" --- Additional Subsection 60 Cloverleaf Drive Block 190, Plan B1.8 May 14/04 62M-990 04-088 "C4-453" --- Change from "H-C4-453" to 21 & 35 Stone Church Rd. --- B-1 Apr 28/04 "C4-453" (H-Removal) 04-123 "R3-509" --- Multiple changes from "A-216" 452 & 462 Hamilton Dr. --- B Jul 27/04 "R2-510" Agricultural to Residential "R2", "R2-510", "R3-509" and Public Open Space "O2" 04-176 "C2-157" --- Change from "H-C2-157" to 1051 Garner Road West Pt. Lt. 36 A-5 Jul 14/04 "C2-157" (H-Removal) Conc. 3 04-237 "C3-511" --- Change from General Commercial 1147 Garner Road --- A Nov 2/04 "C3" to site specific "C3-511" 04-269 "RM6-457" --- Change from "C3-457" General 95 Wilson Street West --- B-1 Dec 6/04 Commercial to Residential Multiple "RM6-457" 04-278 "01-159" --- Change from "H-01-159" to 1707 Jerseyville Rd. W. --- A-1 Nov 10/04 "01-159" (H-Removal) APPENDIX A (32) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 04-326 "R4-514" --- Multiple changes from "A-216" Part 1 of Registered Plan Pt. Lt. 47 B-1 Feb 3/05 "RM2-515" Agricultural to Public "P", Public 62R-2119 Southcote Rd. Conc. 3 "R4-516" Open Space "O2", Residential "R4-517" Multiple "RM2-515" and Residential "R4-514", "R4-516" and "R4-517" 04-327 "RM4-512" --- Change from "A" Agricultural to 886 Golf Links Road --- B Jan 20/05 "RM4-513" Residential Multiple "RM4-512" and "RM4-513" 05-039 "M2-520" --- Change from "A" Agricultural to 1309 Wilson Street West --- A-5 Mar 24/05 "M4-524" Prestige Industrial "M2-250" and General Industrial "M4-524" 05-054 "RM2-518" --- Change from "A" Agricultural to --- Pt. Lt. 51, B Mar 9/05 "R4-519" Residential Multiple "RM2-518", Conc. 3 "RM3", Residential "R4-519" and Public Open Space "O2" 05-062 "VA-522" --- Change from "P" Public to 314 Wilson Street West Pt. Lt. 45 B-2 May 2/05 Village Area "VA-522" Conc. 2 05-097 "RM4-470" --- Change from "RM4-470-H" to 225 Stone Church Rd. W Pt. Lt. 53 & 54 B-1 Apr 27/05 "RM4-470" (H-Removal) Conc. 3 05-118 C4-453 --- Additional Provisions 21 & 35 Stone Church Rd --- --- Jun 14/05 05-159 --- --- Consolidated Lot Development --- --- --- Jun 15/05 05-160 "R4-482" --- Change from "R4-482-H" to 129 Cloverleaf Dr. --- B-1 Jun 15/05 "R4-482" (H-Removal) 05-179 "RM2-524" --- Change from "RM5-476-H" to Pt. Lt. 37 B-1 Jun 29/05 Residential Multiple"RM2-524" 413 Shaver Rd Conc. 3 APPENDIX A (33) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 05-188 "C3-523" --- Change from Agricultural "A" to Wilson St W at Given Rd Pt. Lt. 36 A-5 Jun 29/05 General Commercial "C3-523" Conc. 3 05-191 "A-491" --- Change from Agricultural "A" to 1928 Powerline Rd Pt. Lt. 24 & 25 A-1 Jun 29/05 "A-491" Conc. 2 05-238 --- --- Consolidated Lot Development --- --- --- Jul 15/05 05-240 "R5-525" --- Change from Agricultural "A" to --- Pt. Lt. 52 & 53 B-1 Aug 10/05 "R5-526" "R5-525", "R5-526", Conc. 3 "RM4-527-H" "RM-4-527-H", "O2-528", "O2-528" "O2-529" and "R5-525-H" "O2-529" "R5-525-H" 05-294 "RM4-534" --- Change from Agricultural "A" to 894 Golf Links Rd --- B-1 Oct 12/05 "RM4-535" Residential Multiple "RM4-534" & "RM4-353" 05-308 "R3-533" 01-155 Change from Agricultural "A-216" 446 & 450 Hamilton --- B Oct 26/05 to Residential "R2", "R3" and Dr "R3-533" 05-335 "ER-538" --- Change from Residential Multiple 121 Fiddler's Green --- B-1 Oct 26/05 "RM3-459" to Existing Residential "ER-538" 05-351 "R2-541-H" --- Change from Residential "R2" to 195 - 201 Wilson St W --- B-1 Nov 23/05 "R2-541" (Holding) 05-373 --- --- Change from Agricultural "A" to 411, 421, 431, 441 B-1 Dec 14/05 Institutional "I" and "I-H" 451 & 461 Kitty Murray Ln 06-033 "O1-543" --- Change from Institutional "I" to 159 Jerseyville Rd W --- B-1 Mar 10/06 APPENDIX A (34) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE "O1-544" Private Open Space "O1-543", "R2-545" "O1-544" and Residential "R2-545" 06-038 --- --- Adequate Services --- --- --- Mar 1/06 06-048 "R4-519" --- Change from Agricultural "A" to Meadowlands Lot 51, Conc. 3 B Mar 1/06 "R4-519-H" Residential "R4-519", "R4-519", "RM4-527-H" Residential Multiple Holding "R5-525-H" "RM4-527-H" and "R5-525-H" 06-063 "ER-536" --- Change from Existing Residential 134 Wilson St E --- B-1 Apr 20/06 "ER" to "ER-536" 06-075 "I-469" --- Change from Institutional 187 Stone Church Rd --- B-1 Apr 12/06 "I-469-H" to "I-469" (H-Removal) 06-110 "A-547" --- Change from Agricultural "A" and 58 Carluke Rd W --- A May 31/06 "A-324" to "A-547" 06-126 "RM2-427" --- Change from Residential "RM4-475" Multiple Holding "RM2-427-H" 439 Shaver Rd --- B-1 Apr 12/06 and "RM4-475-H" to "RM4-475" 06-160 "A-546" --- Change from Agricultural "A" to 1469 Sawmill Rd --- B-1 Jul 19/06 "A-546" 06-168 "R4-548" ZAC-05-55 Change from Agricultural "A" 221, 285, 305, B June 14/06 "R4-549" 25T200510 Zone to Residential "R4-548" and 323 Springbrook Ave Zone, Modified, "R4-549" Zone, Modified, and Public Open Space "O2" Zone APPENDIX A (35) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 06-206 "R4-550" --- Change from Agricultural "A" to 377 Shaver Rd --- B-1 Jul 21/06 Residential "R4", "R4-550" and Public "P" 06-315 "A-184" --- Change from Agricultural Holding 648 Alberton Rd --- A-1 Apr 12/06 "A-184-H" to "A-184" (H-Removal) 06-322 "P-522" --- Change from Residential "R4-516" 412 Southcote Rd --- B-1 Oct 25/06 to Public "P-522" 07-046 "R5-456" 00-112 Amendment to the Residential Five 144 McNiven Rd Lt 47 Conc. 2 B-1 Feb 28/07 "R5-456" 07-047 "R4-533" --- Change from Agricultural "A-216" 444, 452, 460 & 468 --- B-1 Feb 15/07 To Residential "R4-533" Southcote Rd 07-056 "R4-548" --- Change from Agricultural "A" to 311 Springbrook Ave --- B Feb 28/07 "R4-557" Residential "R4-548" and "R4-557" 07-057 "R4-548" 07-057 Change from Agricultural "A" to 333 Springbrook Ave --- B Feb 28/07 "R4-555" Residential "R4-548" and "R4-555" 07-058 "R4-548" 07-056 Change from Agricultural "A" to 215 Springbrook Ave --- B Feb 28/07 "R4-557" 07-057 Residential "R4-548" and "R4-577" 07-060 "A-554-H" --- Change from Agricultural "A" to 1718 Wilson St W --- A-2 Apr 4/07 "O1-556" Agricultural Holding "A-554-H" and Private Open Space "O1-556" 07-176 --- --- Change from Urban Commercial 1492 Wilson St W --- A-5 May 30/07 "C4-130" to Prestige Industrial - Holding "M2-H" APPENDIX A (36) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 07-209 "ER-564" --- Change from Existing Residential 130 Fiddler's Green Rd --- B-1 Jul 11/07 "ER-565" "ER" to "ER-564", "ER-565" and "ER-566" "ER-566" 07-219 "R4-558" --- Change from Agricultural "A" to 280 Valridge Dr --- B-1 Jul 11/07 Residential "R4-558" 07-258 "R2-541" 05-351 Change from Residential 195 to 201 Wilson St W --- B-1 Sep 26/07 "R2-541-H" to "R2-541" (Holding Removal) 07-265-OMB "R4-562" ZAC-06-67 Change from Agricultural "A" 425 Springbrook Ave B Jul 18/07 "R4-563" 25T-200613 Zone to Residential "R4-562" OMB PL070114 Zone, Modified and Residential "R4-563" Zone, Modified 07-266 --- 99-87 Change from Residential "R1-441" 253 Golf Links Rd --- A-5 Sep 26/07 00-19 to "R1" 07-329 "R4-562" --- Change from Agricultural "A" to 388 Springbrook Ave --- B Dec 14/07 "R4-563" Residential "R4-562" and "R4-563" 08-016 "RM4-576" --- Change from Institutional "I" to --- Lot 9 Conc. 3 B-1 Mar 4/08 Residential Multiple "RM4-576" 08-023 "A-554" --- Change from Agricultural 630 Trinity Rd --- A-2 Jan 30/08 "A-554-H" to "A-554" (Holding Removal) 08-060 "RM6-570-H" --- Change from Rural Commercial 591 Garner Rd W --- B-1 Apr 25/08 "C5-261" and Agricultural "A-216" to Residential Multiple - Holding "RM6-570-H" APPENDIX A (37) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 08-062 "C2-551-H" --- Change from Public "P" to 1173 & 1203 --- B-1 Apr 25/08 Shopping Centre Commercial Old Golf Links Rd - Holding "C2-551-H" 08-063 --- --- Change from Open Space "O2" 27 Oldoakes Pl --- A-5 Mar 26/08 to Residential "R2" 08-076 "RM4-534" 05-294 Amendment to Residential 894 Golf Links Rd --- B-1 9 May/08 Multiple "RM4-534" 08-111 "A-569-H" --- Change from Agricultural "A" to 471 Highway 52 S --- A-1 14 May/08 "O1-571" "A-569-H" and "O1-571" 08-130 "C3-133" 74-85 Amendment to General 1144 Wilson St W --- A-5 28 May/08 87-65 Commercial "C3-133" 08-147 "R4-572" --- Change from Public "P" and 625 Garner Rd E --- B Jun 11/08 "R4-573" "P-391" to Residential "R4-572", "R4-574" "R4-573", "R4-574", "RM2-575", "RM2-575" and "R4-577" "R4-577" 08-149 "M3-576" --- Change from Light Industrial 611 Tradewind Rd --- A-5 Jun 11/08 "M3" to "M3-576" 08-196 "R3-567" 86-65 Change from Residential "R3-294" 124 Wilson St W --- B-1 Sep 3/08 to "R3-567" 08-241 "ER-578" --- Change from Existing Residential 78-80 Southcote Rd --- B-1 Oct 15/08 "ER" to "ER-578" APPENDIX A (38) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 08-254 "C1-491" --- Change from Residential Multiple 21 Panabaker Dr --- B-1 Oct 29/08 "RM4-492" to Neighbourhood Commercial "C1-491" and Amending the Special Provisions of "C1-491" 08-265 "VA-579-H" --- Incorporating Lands into By-law 259 & 265 Wilson St E --- B-2 Nov 12/08 87-57 and Change from Village Area "VA" to "VA-579-H" 09-030 --- 95-114 Change from Agricultural "A-174" 1110 to 1116 Jerseyville Rd W--- B-1 Feb 11/09 to "A" 09-092 M6-586 --- Change from Extractive Industrial 658 Fiddler's Green Rd --- B-1 May 13/09 "M6-215" to "M6-586" and Agricultural "A" 09-093 --- 05-240 Change from Residential "R5-526" 1061 Garner Rd W --- B-1 May 13/09 to "R5-525" 09-106 VA-502 --- Change from Village Area Holding 402 Wilson St E --- B-2 May 13/09 "VA-502-H" to "VA-502" (H-Removal) 09-141 "RM6-587" 04-327 Change from Residential Multiple 886 Golf Links Rd --- B-1 Jul 24/09 "RM4-512" to "RM6-587" 09-159 "ER-588" --- Change from Agricultural "A" to 431 Kitty Murray Ln --- B-1 Jul 9/09 Existing Residential "ER-588" APPENDIX A (39) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 09-162 "R4-589" 95-112 Change from Public "P" and 625 Garner Rd E --- B Aug 7/09 "R4-590" "P-391" to Residential "R4-589", "R4-591" "R4-590", "R4-591", "R4-592", "R4-592" "R4-595" and Existing Residential "RM2-593" Multiple "RM2-593" and "RM2-594" "RM2-594" "R4-595" 09-210 --- --- Addition to Section 3: --- --- --- Sep 30/09 Definitions and Section 7: General Provisions 09-232 VA-579 08-265 Change from Village Area 259 Wilson St E --- B-1 Nov 11/09 "VA-579-H" to "VA-579" (H-Removal) 09-247 --- 96-26 Change from Agricultural "A" 394 Book Rd E --- A-2 Dec 9/09 to "A-115" 09-249 "RM4-596" 05-054 Change from Agricultural "A" to Stonehenge Dr between --- B-1 Dec 9/09 "R4-597" Residential Multiple "RM4-596", Meadowlands Blvd & "RM2-518", and Residential Raymond Rd "R4-597". Modification to Residential Multiple "RM2-518" And change from Residential "R4-519" to "R4-597". 10-029 "R4-605" 07-329 Change from Agricultural "A" to 465 Springbrook Ave --- B-1 Feb 10/10 "R4-606" Residential "R4-563", "R4-605" And Residential "R4-606" 10-036 "R4-598" --- Change from Agricultural "A" to 250, 262 & 270 --- B-1 Feb 24/10 "R4-598-H" Residential "R4-598", "R5-600" Springbrook Ave "R5-599-H" and Residential Holding "R5-600" "R4-598-H" and "R5-599-H" APPENDIX A (40) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 10-076 --- --- Amendment to Schedule B-1 to 241-245 Wilson St E --- B-1 Apr 14/10 include additional lands in Zone boundary 10-199 "R4-619-H" 07-058 Change from Residential "R4-549" 215, 221, 285, 305 and --- B-1 Aug 12/10 and "R4-557" to Residential 311 Springbrook Ave Holding "R4-619-H" 10-213 "RM4-613" --- Change from Agricultural "A" to 713 and 777 Garner Rd E --- B-1 Oct 20/10 "I-614" Residential Multiple "RM4-613" and Institutional "I" and "I-614", and change from Institutional "I" to Residential Multiple "RM4-613" 10-276 "RH-620" --- Change from Agricultural "A" to 95 Poplar St --- A-4 Oct 13/10 Residential Hamlet "RH-620" 10-285 "R5-601" --- Change from Agricultural "A-216" 435 Garner Rd R --- B Nov 12/10 "R5-601-H" to Residential "R5-601", "R4-608" "RM2-602" "R4-621", Residential Holding "RM6-603-H" "R5-601-H", "R5-622-H", "RM2-604" Residential Multiple "RM2-602", "R4-608" "RM2-604", Residential Multiple "RM2-609-H" Holding "RM6-603-H", RM2-609-H" "C3-610-H" and General Commercial "C3-610-H" "R4-621" "R5-622-H" 10-303 "RM2-615" 05-240 Change from Institutional "I" to 1061 Garner Rd E --- B-1 Nov 12/10 "RM2-616" Residential "R5-525", "R5-618", "RM2-617" "R4" and Residential Multiple "R5-618" "RM2-615", "RM2-616" and "RM2-617" APPENDIX A (41) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 11-014 "RM6-611" --- Change from Agricultural "A" to 1169 Garner Rd R --- B-1 Feb 9/11 "R4-612" Residential Multiple "RM^-611" and Residential "R4" and "R4-612" 11-024 "R3-626" --- Change from Agricultural "A" to 237 & 271 Lime Kiln Rd Pt Lt 48 & 49 B-1 Jan 5/11 (OMB) "R3-627" Residential "R3-626", "R3-627", Conc. 2 "R3-628" "R3-628", "R3-628-H" and "R3-628-H" "R3-629" "R3-629" 11-088 --- 96-100 Change from Prestige Industrial 100 Legend Crt Pt Lots 50 & 51 B-1 Mar 23/11 Holding "M2-403-H" to "M2-403" Conc. 2 (H-removal) 11-118 "R4-623" --- Change from Agricultural "A" to 431 & 497 Southcote Rd --- B May 27/11 "R5-624" Residential "R4-623" and "R5-624" 11-160 "A-625" --- Temporary change from 1541 Fiddlers Green Rd --- A-2 Jun 15/11 Agricultural "A" to "A-625" 11-187 "ER-632" --- Change from Existing Residential 71 Wilson St E --- B-1 Aug 11/11 "ER" to "ER-632" 11-240 "R4-637" --- Change from Residential "R4" to 143 & 153 Wilson St W --- B Sep 28/11 "R4-637" 11-255 "R4-548-H" 07-057 Change from Agricultural "A" to 460 & 480 Springbrook Ave B-1 Nov 16/11 Residential "R5-555" and Residential Holding "R4-548-H" APPENDIX A (42) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 12-030 "C1-636-H" --- Change from Agricultural "A" to 587 & 591 Garner Rd E --- B-1 Feb 8/12 "C1-634" Neighbourhood Commercial Holding "C1-636-H" and Change from Rural Commercial "C5-269" to Neighbourhood Commercial "C1-634" 12-037 "R3-639" 86-96 Change from Residential "R3-289" 114 Wilson St W --- B-1 Mar 28/12 to "R3-639" 12-039 "R4-538-H" 07-058 Change from Agricultural "A" to 452 Springbrook Ave --- B-1 Mar 22/12 Residential Holding "R4-548-H" 12-084 "R4-642" 10-285 Change from Residential "R4" to 435 Garner Rd E --- B-1 Apr 11/12 "R4-643" "R4-642" and "R4-650", "R4-608" "RM2-644" to "R4-643", "R5" to "R5-646", "RM2-645" "R5-601" to "R5-647", "R4-621" "R5-646" to "R4-648" and "R4-649" and "R5-647" Residential Multiple "RM2-608" "R4-648" to "RM2-644" and "RM2-645". "R4-649" Deletion of Residential "RM2-604", "R4-650" "R4-608" and "R4-621" 12-098 "R1-640" --- Change from Agricultural "A-216" 515 Hamilton St --- B-1 Apr 25/12 "R1-641" to Residential "R1", "R1-640" and "R1-641" 12-157 "RM2-651" Change from the Institutional "I" 411 & 421 Kitty Murray Lane B-1 July 12/12 Zone to the Multiple Residential "RM2-651" Zone, Modified 12-177 "R3-652" Change from the Agricultural 433 Hamilton Drive B-1 Aug 16/12 "A-216" Zone to the Residential "R3-652" Zone APPENDIX A (43) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 12-205 "R4-519" "H" removal 91 Raymond Road Sep 12/12 12-209 "A-653" Change from the Agricultural "A" 401 Lynden Road A-1 Sep 12/12 Zone to the Agricultural "A-653" Zone, Modified 12-266 "H-A-654" Change from the Agricultural "A" 446 Springbrook Avenue B-1 Nov 28/12 "R4-555" Zone to the Agricultural "H-A-654" Holding Zone and Residential "R4-555" Zone, Modified 12-294 "R1-582" Change from the Agricultural "A" 1194 Scenic Drive B-1 Nov 26/12 Zone to the Residential "R1-582" Zone 13-194 "R5-525" "H" removal 131 & 141 Vinton Road B-1 Aug 16/13 13-208 "H-R4-548" Change from the Residential 331 & 333 Springbrook Avenue B-1 Aug 16/13 "R4-555" Zone, Modified, and Residential "R4-549" Zone, Modified, to the Residential "H-R4-548" Zone, Modified 13-297 "R4-619" "H" removal 215 & 221 Springbrook Avenue B-1 Nov 27/13 14-063 "RM4-527" "H" removal 86 & 90 Raymond Road B-1 Mar 26/14 14-106 "C3-655" Change from the Existing 125 Wilson Street East B-1 May 14/14 Residential "ER" Zone to the General Commercial "C3-655" Zone, Modified APPENDIX A (44) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 14-112 "H-C2-629" Further modifying the 1125, 1143 & 1185 Wilson Street West A-5 May 14/14 "C3-656" Holding-Shopping Centre "H-C2-657" Commercial "H-C2-629" Zone, Changing from the Holding-Shopping Centre Commercial "H-C2-629" Zone, Agricultural "A" Zone, Urban Commercial "C4-130" Zone and Holding-Shopping Centre Commercial "H-C2-635" Zone to the General Commercial "C3-656" Zone and Holding-Shopping Centre Commercial "H-C2-634" and Holding-Shopping Centre Commercial "H-C2-630" to the Holding-Shopping Centre Commercial "H-C2-657" 14-129 "H-RM6-658" Repealed Change from the Motor Vehicle 1117 Garner Road East B-1 May 28/14 Service "C6-271" Zone, Modified, and Agricultural "A" Zone to the Holding-Residential Multiple "H-RM6-658" Zone, Modified 14-160 "H-RM6-658" Change from the Motor Vehicle 1117 Garner Road East B-1 June 25/14 Service "C6-271" Zone, Modified, and Agricultural "A" Zone to the Holding-Residential Multiple "H-RM6-658" Zone, Modified APPENDIX A (45) BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 14-177 "RM5-660" Holding-General Commercial 435 Garner Road East B-1 July 11/14 "H-C3-610" Zone and Holding- Residential Multiple "H-RM2-609" Zone to the Residential Multiple "RM5-660" Zone and Holding- Residential Multiple "H-RM2-609" Zone, Holding-Residential "H-R5-622" Zone and Holding- Residential "H-R5-601" Zone to the Residential Multiple "RM2-661" Zone 14-266 "C2-630" "H" removal 1125-1143 Wilson Street West A-5 Sep 24/14 14-274 Community gardens and urban farms Sep 24/14 14-312 "H-RM6-659" OMB approval Change from the Residential 591 & 611 Garner Road West B-1 Aug 19/14 Multiple "H-RM6-570" Zone, Modified, Holding, and Residential Multiple "H-RM6-659" Zone, Modified, Holding to the Residential Multiple "H-RM6-659" Zone, Modified, Holding 15-067 Housekeeping Mar 11/15 15-099 "R2-662" ZAC-09-017 Agricultural "A" Zone to the 301 Shaver Road B-1 Apr 22/15 Residential "R2-662" Zone 15-101 Urban Farmers Market Apr 22/15 BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 15-114 "C3-655" OMB approval Change from the Existing 125 Wilson Street East B-1 Jan 22/15 Residential "ER" Zone to the General Commercial "C3-655" Zone, Modified 15-164 "R3-628" "H" removal 271 Lime Kiln Road B-1 June 24/15 15-209 "R4-663" ZAC-15-009 Change from the Agricultural 492 Southcote Road B-1 Sept 9/15 "A-216" Zone, Modified to the Residential "R4-663" Zone, Modified 15-244 "C1-664" --- Change from the Existing 72 Wilson Street East B-1 Oct 28/15 Residential "ER" Zone to the Neighbourhood Commercial "C1-664" Zone, Modified 15-268 "R4-548" ZAC-13-054 Change from the Agricultural "A" 275 Springbrook Avenue B-1 Nov 25/15 "H-R4-663" Zone to the Residential "R4-548" Zone, Modified and Residential "H-R4-663" Zone, Modified, Holding 15-297 "H-RM6-665" --- Change from the Residential 153 Wilson Street West --- B-1 Dec 9/15 "R4" Zone, Modified to Residential Multiple "H-RM6-665" Zone, Modified 15-287 --- CI-15-H Amendment to definition of grade Ancaster By-law --- --- Dec 9/15 and corrections to Model Home definition and Model Home Regulations 16-035 "RM6-611" --- Delete and replacing the provision 1169 Garner Rd East --- B-1 Feb 10/16 of the Residential Multiple "RM6-611" BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 16-066 "RM2-667" ZAC-15-033 Change from the Institutional "I" 1001, 1009, and 1035 --- B-1 Mar 9/16 "RM5-668" Zone to the Residential Multiple Garner Rd East "RM2-667" and "RM5-668" 16-069 "R3-671" ZAR-15-043 Change from Deferred 311 Hamilton Drive --- B-1 Mar 9/16 Development "D" Zone to the Residential "R3-671" Zone Modified 16-103 "R4-666" ZAR-11-040 Change from Agricultural 1261 Mohawk Road --- B-1 April 13/16 "A" Zone to the Residential "R4-666" Zone, Modified 16-116 "C3-673" ZAC-15-037 Change from Shopping Centre 120 and 128 Portia --- A-5 April 27/16 Commercial "C2-629" and "C2 Drive -630" Zones, Modfied to the General Commercial "C3-673" Zone, Modified 16-162 "RM6-665" ZAH-16-025 Change from Holding- 153 Wilson St West --- B-1 June 8/16 Residential Multiple "H -RM6 665" Zone, Modified, to the Residential Multiple "RM6-665" Zone, Modified 16-185 "R4-562" ZAC-12-062R Change from Agricultural "A" 388, 390, 410, 442, B June 22/16 "R4-563" Zone, Agricultural - Holding 452, 464 and 476 "H-A-654" Zone, Modified and Springbrook Ave Residential - Holding "H-R4-548" Zone, Modified to Residential "R4-562" Zone, Modified and Residential "R4-563" Zone, Modified 16-201 "C3-674" ZAC-15-029 Change from Existing Residential 144 Wilson St East --- B-1 July 8/16 "ER" Zone to the General Commercial "GC-674" Zoned, Modified BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 16-202 "RM4-676" ZAC-15-030 Change from Existing Residential 97, 105 and 111 Wilson --- B-1 July 8/16 "ER" Zone and Residential "R2" St East Zone to the Residential Multiple "RM4-676" Zone, Modified 16-220 "RM5-677" ZAC-12-068(R) Change from Agricultural "A" 435 Garner Rd East --- B-1 Aug 12/16 Zone and Holding-Residential Multiple "H-RM6-603" Zone, Modified, to the Residential Multiple "RM5-678" Zone, Modified 16-230 "R4-562" ZAC-15-017 Change from Agricultural "A" 296, 304 and 312 --- B-1 Aug 12/16 "R4-563" Zone and Agricultural "A-348" Springbook Avenue Zone, Modified, to the Residential "R4-562" and "R4-563" Zone Modified 16-309 "H-R3-679" ZAC-16-042 Change from Deferred 555 Highvalley Drive --- B-1 Nov 23/16 Development "D" Zone to the Holding - Residential "H-R3-679" Zone, Modified 16-329 "C1-680" ZAC-16-027 Change from Neighbourhood 21 Panabaker Drive --- B-1 Dec 14/16 Commercial "C1-491" Zone, Modified to the Neighbourhood Commercial C1-680" Zone, Modified 17-032 "ER-682" ZAC-16-022 Change from Residential Multiple 57-67 Academy St --- B-1 Feb 22/17 "ER-683" "RM1" Zone to the Existing Residential "ER-682" and "ER-683" Zones, Modified BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 17-181 "R5-688" ZAR-17-011 Change from Existing Residential 121 Fiddler's Green Rd B-1 Aug 18/17 PL171015 "ER-538", "ER-539", and (OMB appeal "ER-540" Zones, Modified to Dismissed after Residential "R5-688" Zone, Hearing) Modified 17-221 "R3-689" ZAR-17-045 Change from Deferred 245 Appleby Rd Block 5, B-1 Oct 25/17 Development "D" Zone to 62M-347 Residential "R3-689" Zone, Modified 18-045 "R3-679" ZAH-17-035 "H" removal 555 Highvalley Rd B-1 Feb 28/18 18-051 "RM2-690" ZAC-16-045 Change from Existing 503 and 515 Garner Rd W B-1 Feb 28/18 Agricultural "A-216" Zone, Modified to Residential "R3-690" Zone, Modified 18-105 "ER-201" CI-18-A Amendment to Section 10.2 Lands located in the Apr 25, 2018 "ER-358" PL180522 Regulations (Existing Residential Existing Residential "ER" "ER-380" "ER" Zone) to delete and replace Zone "ER-392" with a new Section 10.2 "ER-393" Definitions; and to add a new "ER-691" Section 10.3 Regulations. Deletion "ER-695" of the following site specific "ER-696" exceptions: "ER-204", "ER-210", "ER-322", "ER-323", "ER-454", " ER-564", and "ER-588". Deletion and replacement of the following site specific exceptions: "ER-201", "ER-358", "ER-380", "ER-392", and "ER-393". Addition of the following site specific exceptions: "ER-691", "ER-695", and "ER-696". 18-142 "RM6-659" ZAH-17-084 "H" removal 591 and 611 Garner Rd W B-1 May 23/18 BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 18-151 "R4-692" ZAC-17-086 Change from Existing 449 Springbrook Avenue B-1 Jun 13/18 Agricultural "A" Zone to Residential "R4-692" Zone, Modified 18-168 "R4-693" ZAC-16-048 Change from Existing 20 Miller Drive B-1 Jun 27/18 "R4-694" Institutional "I" Zone to "R4-697" Residential "R4-693" Zone, Modified; Residential "R4-694" Zone, Modified; and Residential "R4-697" Zone, Modified 18-221 CI-18-G Amendment to Section 7.18 All lands in the former Aug 17/18 (OMB appeal) Accessory Buildings to add a new Town of Ancaster Clause (A) to 7.18 (a) (ii) to further define location in side yard; and to add a new Clause (A) to 7.18 (a) (vi) to further define location in rear yard 18-224 "R4-548" ZAH-18-033 "H" removal 279-315 Springbrook Ave Block 1 B-1 Aug 17/18 "R4-619" 331-335 Springbrook Ave Block 2 18-245-LPAT "RM6-685" ZAC-16-040 Change from General Commercial 125 Wilson Street East B-1 Jun 25/18 PL170537 "C3-655" Zone, Modified and 130 Dalley Drive Public Open Space "O2" Zone to Residential Multiple "RM6-685" Zone, Modified 19-042-LPAT "H-RM6-658" ZAR-16-026 Deletion and replacement of the 1117 Garner Road East B-1 Feb 22/19 PL161240 provisions of the Residential PL161241 Multiple "H-RM6-658" Zone, Modified, Holding 19-115 "R4-663" ZAH-19-025 "H" removal 275 Springbrook Avenue B-1 May 22/19 BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 19-168 "RM4-700" ZAC-17-058 Change from Agricultural 305 and 311 Garner Road West B-1 Jul 12/19 "RM4-701" "H-A-496" Zone, Modified, "RM4-702" Holding and "A-216" Zone, "RM4-703" Modified and Rural Industrial "RM4-704" "M5-262" Zone, Modified to Residential Multiple "RM4-700" and "RM4-701" and "RM4-702" and "RM4-703" and "RM4-704" Zones, Modified 19-235 "R4-705" ZAC-19-032 Change from Agricultural "A" 455 Springbrook Avenue Sept 25/19 "R4-706" Zone and Residential "R4-563" 253 Fair Street Zone, Modified to Residential Block 14, 62M-1161 "R4-705" and "R4-706" Zones, Modified 19-303 "ER-380" CI-19-1 Subsection 9.8 amended; change 49 and 20 Valleyview Drive B-1 Dec 11/19 "ER-393" from Existing Residential "ER-380" Zone, Modified And "ER-393" Zone, Modified to Existing Residential "ER" Zone 20-111-LPAT "R3-699" ZAC-17-014 Change from Agricultural "A" 941 Old Mohawk Road 1033 May 12/20 PL171264 Zone to Residential "R3-699" Zone, Modified 20-134 "R4-446" ZAH-19-051 "H" Removal 295 Hamilton Drive 1-B Jun 24/20 20-143 "R4-709" ZAR-19-034 Change from Agricultural "A-216" 378 Harmony Hall Drive 1-B Jul 17/20 Zone, Modified (Block 1), Public Part of Block 117, 62M-1122 "P" Zone (Block 2), and Residential "R4-514" Zone, Modified (Block 3) to Residential "R4-709" Zone, Modified 20-183 "RM4-710" ZAC-19-010 Change from Agricultural 527 Shaver Road 1-B Aug 21/20 "A-216" Zone, Modified to 629 Garner Road West Holding Residential Multiple "RM4" (H-RM4-710) Zone, Modified BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 21-013-OLT "H-RM2-712" ZAC-20-011 Change from Existing Residential 15 Church Street 1175 February 10, 2021 OLT-22-003386 "ER" Zone to Holding Residential Multiple "H-RM2-712" Zone, Modified 22-021 "RM2-713" ZAC-20-014 Change from Deferred 281 Hamilton Drive 1-B February 9, 2022 Development "D" Zone to 356 Wilson Street West Residential Multiple "RM2-713" Zone, Modified 22-076 CI-22-D Commercial Entertainment April 13, 2022 and Recreation on Outdoor Commercial Patios. 22-085 CI-22-C Modifications to the Existing April 13, 2022 Residential "ER" Zone. 22-133 CI-22-E Modifications and Updates to Secondary June 08, 2022 Dwelling Unit and Secondary Dwelling Unit - Detached Regulations. 22-191 CI-22-G Modifications and updates to Low Density Residential Zones August 12, 2022 22-212 "RM4-715" ZAC-18-058 Change from Existing 154 Wilson Street East 1-B August 12, 2022 Residential "ER" Zone to Residential Multiple "RM4-715" Zone, Modified 22-251 "RM2-712" ZAH-22-057 "H" Removal 15 Church Street 1175 September 28, 2022 23-123 "RM5-716" ZAC-22-005 Change from Rural Commercial 487 Shaver Road 1-B July 14, 2023 (Not Final) "C5-243" Zone, Modified to Holding Residential Multiple "RM5-716" Zone, Modified 23-136 "H-RM6-714" ZAC-20-024 Change from Existing Residential 140 Wilson Street West 1280 July 14, 2023 "ER" Zone, to Holding Residential Multiple "H-RM6-714" Zone, Modified BY-LAW EXCEPTION MAP EFFECTIVE NUMBER NUMBER REFERENCE CHANGE LOCATION LOT/CON NO. DATE 24-040 "RM4-717" ZAC-18-056/ Modification to RM4-717 zone 26 Southcote Road 1-B March 27, 2024 25T-2018010 24-097-OLT "RM5-716" Change from Rural Commercial 487 Shaver Road 1-B May 21, 2024 "C5-243" Zone to Residential Multiple "RM5-716" Zone. 25-017-OLT "RM2-718" Changing from Agriculture "A" 509 Southcote Road 1-B January 20, 2025 Zone to Residential Multiple "RM2-718" Zone 25-034 CI 25-B Modifications to Section 9: City Wide March 5, 2025 General Provisions for Residential Zones 25-118 "RM6-719" ZAC-21-047 Changing from Agriculture "A" 559 Garner Road East 1-B May 28, 2025 (Not Final) Zone to the Holding Residential Multiple "H-RM6-719" Zone. Modifications to Section 34: Exceptions and Section 36 25-156 CI 25-D Modifications to Section 3: City Wide August 6, 2025 Definitions, Section 7: General Provisions, Section 22 26-047 Addition of Section 7.31 City Wide March 04, 2026 (Not Final) SECTION 35: ADMINISTRATION 35.1 Administration This By-law shall be administered by the City's Director, Planning Division, Chief Planner. (21-183) 35.2 Inspection of Premises The Zoning Administrator, or any official or employee of the Municipality acting under his direction, is hereby authorized to enter, at all reasonable hours, upon any property or premises in or about which there is reason to believe that the provisions of this By-law are not being complied with, and for the purpose of carrying out his duties under this By-law. 35.3 Remedies The contravention of any requirement of this By-law may be restrained by action at the instance of any ratepayer or of the Town of Ancaster pursuant to the provisions of the Municipal Act. APPENDIX B SECTION 36: ENFORCEMENT 36.1 (a) Every person who contravenes any provisions of this By-law is guilty of an offence and on conviction is liable, (i) on a first conviction to a fine of not more than $20,000; and (ii) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which such person was first convicted. (b) Where a corporation is convicted under subsection (a), the maximum penalty that may be imposed is, (i) on a first conviction a fine of not more than $50,000; and (ii) on a subsequent conviction a fine of not more than $25,000 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 of the offence by the person convicted. 36.2 In the event that any person shall fail or refuse to perform any matter or thing required to be done under the provisions of this By-law, such matter or thing may be done by the Town of Ancaster and the expense thereof may be recovered against such person by action against such person, or may be recovered as Municipal taxes, or the expense with interest thereon may be payable in annual installments not exceeding 10 years. 36.3 Where the owner is in default in doing any matter or thing which he is directed or required to do by this By-law, he is to be given written notice by prepaid registered mail to his usual place of business or place of residence advising him of the default and allowing him not less than thirty (30) days to remedy the default. 36.4 Where the owner has been given notice of default by prepaid registered mail and he has failed to remedy the default within the time prescribed in the notice, he is entitled to appear before a meeting of the Council in respect of such default before the Corporation proceeds under Subsection 32.2. APPENDIX C SECTION 37: REPEAL OF PRECEDING BY-LAW By-Law No. 1890, passed the 7th day of May, 1963, being the Zoning By-law of the Town of Ancaster is hereby repealed. APPENDIX D SECTION 38: VALIDITY AND EFFECTIVE DATE 38.1 Validity Every provision of this By-law, including any notation on the Zoning Maps, is declared to be severable from the remainder of the By-law, and if any provision of this By-law shall be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder thereof. 38.2 Effective Date This By-law shall be deemed to have come into force on the day it is passed by Council, subject to the approval of the Ontario Municipal Board. Read a first time this 22nd day of June 1987. Read a second time this 22nd day of June 1987. Read a third time this 22nd day of June 1987. Mayor Clerk-Treasurer I hereby certify that the foregoing is a true copy of By-Law No .......... as enacted by the Council of the Corporation of the Town of Ancaster on the ............ day of .................... 198. DATED at the Town of Ancaster this .................... day of ......................... 198 . Clerk-Treasurer APPENDIX E SCHEDULES APPENDIX F SECTION 39: SPECIAL FIGURES