Comprehensive Zoning By-law 2001-58 - section-13-urban-residential-first-density-ur1

Hamilton, Ontario · No. 2001-58 · summary & facts

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Zoning By-law 2001-58 116 Section 13 - Urban Residential First Density (UR1) 13.1 Preamble Within an Urban Residential First Density Zone (UR1), no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than a permitted use in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 13.2 Permitted Uses 13.2.1. Permitted Principal Uses a) A public park; and/or b) A single detached dwelling. 13.2.2. Permitted Accessory Uses a) A type "A" or type "B" home occupation in accordance with the provisions of Section 5.21; b) A type "A" home industry in accordance with the provisions of Section 5.20; c) An accessory building to the above principal uses; d) Additional residential unit(s) subject to the provisions of Section 5.2; and/or e) Shipping containers, only when incorporated into a design where a building permit has been issued. 13.3 Zone Regulations 13.3.1. For the property a) Lot Area with municipal water: 2,800 square metres (30,140 square feet) minimum; b) Lot Frontage with municipal water: 30 metres (98.4 feet) minimum; c) Lot Area with private water/well: 4,050 square metres (1 acre) minimum; d) Lot Frontage with private water/well: 45.76 metres (150.0 feet) minimum; e) Lot Coverage (all buildings): 30% maximum; and f) Off-street parking shall be provided in accordance with Section 5.35 13.3.2. For Principal Building a) Front Setback: 10 metres (32.8 feet) minimum; b) Rear Setback: 10 metres (32.8 feet) minimum; c) Interior Side Setback: 3 metres (9.8 feet) minimum; d) Exterior Side Setback: 10 metres (32.8 feet) minimum; Zoning By-law 2001-58 117 e) Gross Floor Area of Dwelling: 100 square metres (1,076.4 square feet) minimum; and f) Building Height: 11 metres (36.1 feet) maximum. 13.3.3. For Accessory Buildings a) Rear Setback: 2.5 metres (8.2 feet) minimum; b) Interior Side Setback: 2.5 metres (8.2 feet) minimum; c) Exterior Side Setback: 10 metres (32.8 feet) minimum; d) Lot Coverage: 5% maximum; and e) Building Height: 4.5 metres (14.8 feet) maximum. 13.4 General Provisions All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot building, structure or use within the Urban Residential First Density (UR1) Zone. 13.5 Special Urban Residential First Density Zones (UR1) All other provisions of the By-law shall apply except as specified by each special zoning requirement. 13.5.1 Special Urban Residential First Density 1 (UR1-1) The lands subject to this By-law amendment are described as follows: Part Lot 19, Concession 5 13.5.1.1 Zone Regulations Non-Residential a) A farm produce outlet shall be permitted; and b) A limited number of livestock may be kept and shall be limited to 2 horses. 13.5.2 Special Urban Residential First Density 2 (UR1-2) Part Lot 15, Concession 6 13.5.2.1 Zone Regulations Non-Residential a) A commercial garage shall be permitted within an existing structure. 13.5.3 Special Urban Residential First Density 3 (UR1-3) Part Lot 16, Concession 8 13.5.3.1 Zone Regulations Non-Residential a) A small engine sales and service shop shall be permitted within an existing structure. Zoning By-law 2001-58 118 13.5.4 Special Urban Residential First Density 4 (UR1-4) Not Used 13.5.5 Special Urban Residential First Density 5 (UR1-5) Part Lot 4, Concession 9 13.5.5.1 Zone Regulations a) Residential i. A single detached dwelling; or ii. An accessory dwelling unit to a permitted non-residential use. b) Non-Residential i. A church; ii. A Type 'A' and Type 'B' home occupation; iii. A public use; iv. A personal service shop; v. A merchandise service shop; vi. A retail store; or vii. A business office. 13.5.6 Special Urban Residential First Density 6 (UR1-6) Part Lot 8, Concession 3 13.5.6.1 Zone Regulations a) Non-residential i. A restaurant; or ii. An art gallery 13.5.6A Special Urban Residential First Density 6A (UR1-6A) By-law 2002-53 Part Lot 18, Concession 2 Plan 47 Lot 2 Notwithstanding any provisions of this By-law to the contrary, on lands zoned UR1-6A and shown on schedule "F" & "G" attached, the following special provisions shall apply: Lot frontage minimum 39.62 metres (130 feet) minimum. 13.5.6B Special Urban Residential First Density 6B (UR1-6B) By-law 2002-53 Part Lot 18, Concession 2 Plan 47 Lot 2 Notwithstanding any provisions of this By-law to the contrary, on lands zoned UR1-6B and shown on schedule "F" & "G" attached, the following special provisions shall apply: Lot area 2.83 hectares (7 acres) minimum. Lot frontage 20 metres (66 feet) minimum. Zoning By-law 2001-58 119 13.5.7 Special Urban Residential First Density 7 (UR1-7) Part Lot 34, Concession 8, Notwithstanding any provisions of this By-law to the contrary, on lands zoned UR1-7 and the following special provisions shall apply: 13.5.7.1 Zone Regulations Residential a) Single detached dwelling units -2 (existing as of 1974 on separate lots which have since merged in title). 13.5.8A Special Urban Residential First Density 8A (UR1-8A) Part Lot 17 and 18, Concession I Notwithstanding any provisions of this by-law to the contrary, on lands zoned UR1-8 the following special provisions shall apply: 13.5.8A.1 Zone Regulations a) Interior side yard (abutting rear of Lot 33) 10 metres (32.8 feet). 13.5.8B Special Urban Residential First Density 8B-H (UR1-8B-H) By-law 2009-23 Part Lot 13 and 14 and Part of Road Allowance, Concession 1, 13.5.8B.1 Zone Regulations In addition to the uses permitted in the UR1 Zone, lands zoned Special Urban Residential First Density (UR1-8B-H) Holding Zone may be used for an emergency vehicle access serving the lands zoned Special Hamlet Commercial-5 (HC-5). The emergency vehicle access shall only be permitted if an emergency vehicle access use is not established on lands zoned UR1-9. Removal of the Holding - H Symbol That development of the lands zoned OS-2-H, OS-3-H, UR1-8B-H, UR1-9-H and HC-5-H shall not proceed until such time as the "H" symbol has been removed in accordance with the provisions of the Planning Act. The "H" Holding symbol may be removed following completion of the following: a) A Site Plan and Site Plan Agreement has been entered into between the developer and the Township in accordance with the provisions of the Planning Act. The Site Plan and Site Plan Agreement shall address, where appropriate, such issues as access, traffic impact, site grading and drainage, site servicing, landscaping, lighting, fencing, waste management, emergency access, market impact study (if required) and any other matters provided for in the Township Site Plan Control By-law and Section 41 of the Planning Act. 13.5.9 Special Urban Residential First Density-9 (UR1-9) By-law 2009-23 Part Lot 13 and 14 and Part of Road Allowance, Concession 1, 13.5.9.1Zone Regulations In addition to the uses permitted in the UR1 Zone, lands zoned Special Urban Residential First Density (UR1-9-H) Holding Zone may be used for an emergency vehicle access serving the lands zoned Special Hamlet Commercial-5 (HC-5). The emergency vehicle access shall only be permitted if an emergency vehicle access use is not established on lands zoned UR1-8B. Zoning By-law 2001-58 120 Removal of the Holding - H Symbol That development of the lands zoned OS-2-H, OS-3-H, UR1-8B-H, UR1-9-H and HC-5-H shall not proceed until such time as the "H" symbol has been removed in accordance with the provisions of the Planning Act. The "H" Holding symbol may be removed following completion of the following. a) A Site Plan and Site Plan Agreement has been entered into between the developer and the Township in accordance with the provisions of the Planning Act. The Site Plan and Site Plan Agreement shall address, where appropriate, such issues as access, traffic impact, site grading and drainage, site servicing, landscaping, lighting, fencing, waste management, emergency access, market impact study (if required) and any other matters provided for in the Township Site Plan Control By-law and Section 41 of the Planning Act. 13.5.10 Special Urban Residential First Density 10 (UR1-10) Not used 13.5.11 Special Urban Residential First Density 11 (UR1-11) By-law 2013-44 Part Lot 8, Concession 3 Notwithstanding any provisions of this by-law to the contrary, on lands zoned UR1-11 and shown on Schedule "A" attached, the following special provisions shall apply: The minimum front yard for a single detached dwelling on lands zoned UR1-11 shall not be less than the front yard existing on the day of passing of this By- law. All other provisions of the By-law 2001-58 shall apply to lands zoned UR1-11. 13.5.12 Special Urban Residential First Density 12 (UR1-12) By-law 2013-45 Part Lot 5, Concession 9 Part 1 on RP 39R-3375 Notwithstanding any provisions of this By-law to the contrary, on lands zoned UR1-12 and shown on Schedule "A" attached, the following special provisions shall apply: a) Lot Area (minimum) 0.22 hectares (.55 acres) b) Lot Frontage (minimum) 36.57 metres (120 feet) c) Minimum Rear Setback 30.48 m (100 ft) All other provision of By-law 2001-58 shall apply to lands zoned UR1-12. 13.5.13 Special Urban Residential First Density 13 (UR1-13) By-law 2013-53 Part Lot 34, Concession 8 Part of Plan 30, Block D, part of lots 1, 2, 3 and 14 13.5.13.1 Zone Regulations a) For the Principal Building i. Minimum Lot Area 2000 m2 (0.5 ac) ii. Minimum Lot Frontage 40.23 metres (132 ft) Zoning By-law 2001-58 121 iii. Minimum Rear Setback 5.15 metres (16.9 ft) iv. Minimum Gross Floor Area 93.8 m2 (1010.5 ft2) 13.5.14 Special Urban Residential First Density 14 (UR1-14) not used 13.5.15 Special Urban Residential First Density-15 (UR1-15) By-law 2017-09 5421 Lakeshore Dr., Harwood Part Lot 4, Concession 9 Parts Lots 17, 18 and 19 on Plan 2 and Lots 1 and 2 on Plan 53, Harwood, Part 1 on RP 39R- 13502 Zone Provisions The following provisions shall apply: 13.5.15.1 Minimum lot area 1465.5 m2 (0.36 acres) 13.5.15.2 Minimum lot frontage 36.68 m (120.34 ft) on Lakeshore Drive, Harwood 13.5.15.3 Minimum front setback 7.85 m (25.75 ft) existing dwelling 13.5.15.4 Minimum exterior side setback 7 m (22.96 ft) existing dwelling 13.5.15.5 Minimum gross floor area 63.25 m2 (680.81 ft2) existing dwelling 13.5.15.6 Minimum side setback 1.17 m (3.83 ft) existing detached garage 13.5.15.7 Maximum gross floor area 36 m2 (387.5 ft2) existing detached garage 13.5.16 Special Urban Residential First Density 16 (UR1-16) By-law 2017-09 5429 Lakeshore Dr., Harwood Part Lot 4, Concession 9 Part Lots 4 and 5, on Plan 53 and Part Lots 17 and 18 on Plan 2 Parts 2 and 3 on RP 39R- 13502 13.5.16 Zone Provisions The following provisions shall apply: 13.5.15.1 Minimum lot area 489.5 m2 square metres (.12 ac) 13.5.16.2 Minimum lot frontage 15.24 m (50 ft) 13.5.16.3 Minimum front setback 9.1 m (29.8 ft) existing dwelling 13.5.16.4 Minimum interior side setback 1.5 m (4.92 ft) existing dwelling 13.5.16.5 Minimum gross floor area 68.43 m2 (736.46 ft2) existing dwelling Zoning By-law 2001-58 122 13.5.16.6 Minimum rear setback 0.61 metres (2 feet) existing detached accessory shed 13.5.16.7 Minimum side setback 0.36 metres (1.18 feet) existing detached accessory shed. 13.5.17 Special Urban Residential First Density 17 (UR1-17) Not used 13.5.18 Special Urban Residential First Density 18 (UR1-18) By-law 2018-25 Part Lot 20, Concession 3 Part of Part 3 on RP 39R-1613 The reduced lot frontage of 23.65 metres (77.6 feet) on Smylie Road shall be recognized. 13.5.19 Special Urban Residential First Density 19 (UR1-19) By-law 2018-25 Part Lot 20, Concession 3 Part 2 on RP 39R-3049 and Part 1 on RP 39R-13683 13.5.19 Zone Provisions Notwithstanding any provision to the contrary, the following provisions shall apply to the development of the property in respect of a future detached accessory building: a) Gross Floor Area 87 square metres (936.46 square feet) maximum b) Building Height 6 metres (19.68 feet) maximum c) Location may sit in front of the front line of the principal building and shall maintain the minimum front setback requirement of the zone. 13.5.20 Special Urban Residential First Density 20 (UR1-20) By-law 2018-55 Part Lot 14, Con 5 Part of Part 1 on RP 39R-2767 together with Part 2 on RP 39R-13821 Zone Provisions Notwithstanding any zone provisions to the contrary, the following zone provisions shall apply to this parcel: a) Minimum lot area 3058 square metres (0.75 acres) b) The three existing detached accessory buildings that sit in front of the line of the front wall of the house and the line of the exterior side wall of the house are recognized but shall not be replaced in these locations. Any new or replacement structure shall be within the rear yard and/or interior side yard as required by By-law 2001-58 as amended. 13.5.21 Special Urban Residential First Density 21 (UR1-21) By-law 2018-55 Part Lot 14, Con 5 Parts 3, 7 and 8 RP 39R-13821 Zone Provisions Notwithstanding any zone provisions to the contrary, the following zone provisions shall apply to this parcel: a) Lot coverage 25% maximum. Zoning By-law 2001-58 123 13.5.22 Special Urban Residential First Density 22 (UR1-22) By-law 2018-55 Part Lot 14, Con 5 Part 5 on RP 39R-13821 Zone Provisions Notwithstanding any zone provisions to the contrary, the following zone provisions shall apply to this parcel: a) Minimum front setback 4.24 metres (13.91 feet) of principal building/dwelling. 13.5.23 Special Urban Residential First Density 23 (UR1-23) By-law 2019-28 Part Lot 7, Con 2 Being Part of Lot 47 on Plan 23 Part 3 on RP 39R-13822 Zone Provisions a) Lot frontage 36.58 metres (120.00 feet) Burwash Road minimum 13.5.24 Special Urban Residential First Density 24 (UR1-24) By-law 2020-06 Part of Lot 20, Con 4 Part 2 on RP 39R-14088 Zone Provisions Notwithstanding the permitted uses in the Urban Residential First Density (UR1) zone, the following special provisions shall apply a) Minimum Lot Area 3809 square metres (0.94 acres) b) Minimum Lot Frontage 44.5 metres (146 feet) 13.5.25 Special Urban Residential First Density 25 (UR1-25) By-law 2020-06 Part of Lot 20, Con 4 Part 1 on RP 39R-14088 Zone Provisions Notwithstanding the permitted uses in the Urban Residential First Density (UR1) zone, the following special provisions shall apply: a) The existing concrete frame barn and/or any other detached accessory building shall not be used for farm animals b) The existing pen in the center of the yard shall not be used for farm animals c) The minimum side setback for the existing concrete frame barn shall be 2.03 metres (6.66 feet) d) The maximum height of the existing concrete frame barn shall be as it sits on the date of the passing of this by-law. e) The maximum gross floor area of the existing concrete barn shall be as it sits on the date of the passing of this by-law. Zoning By-law 2001-58 124 f) The minimum side setback for the existing shed shall be 0.27 metres (0.88 feet) g) The minimum side setback for the existing deck shall be 0.04 metres (0.13 feet) 13.5.26 Special Urban Residential First Density 26 (UR1-26) By-law 2022-12 Part Lot 21, Con 4 Special Zone Provisions a) Lot Area 3344.4 square metres (0.82 acres) min. b) Side setback 0.48 m (1.57 ft) as it exists on the date (existing detached frame shed) of the adoption of this by-law. 13.5.27 Special Urban Residential First Density 27 (UR1-27) By-law 2022-12 Part Lot 21, Con 4 Special Zone Provisions a) Lot area 3344.4 square metres (0.82 acres) minimum 13.5.28 Special Urban Residential First Density 28 (UR1-28) By-law 2022-67 Part Lot 35, Con 8 Part 2 on RP 39R-11498 Special Zone Provisions a) Minimum lot area 2375.3 square metres (0.58 acres) 13.5.29 Special Urban Residential First Density 29 (UR1-29) By-law 2022-67 Part Lot 35, Con 8 Parts 1 and 3 on RP 39R14498 Special Zone Provisions a) Minimum lot area 1096.9 square metres (0.27 acres) b) Minimum lot frontage 39.94 metres (130.9 feet) 13.5.30 Special Urban Residential First Density 30 (UR1-30) By-law 2023-45 Part Lot 8, Con 3 Part Lot 17 and 18 on Plan 23 Parts 1, 2, and 3 RP 39R-1483 Special Zone Provisions a) Minimum Lot area 0.20 hectares (.497 acres) b) Minimum Lot frontage 30.83 metres (101.15 feet) c) Minimum Front Setback 4.41 metres (14 feet 6 inches) Of Principal Building (excluding veranda) d) Minimum Exterior side setback of principal building as illustrated on RP 39R-1483 1.57 metres (5 feet 2 inches) (excluding veranda) Zoning By-law 2001-58 125 e) Minimum Interior side setback of existing detached accessory building 1.72 metres (5 feet 8 inches) All as existing on the date of the adoption of this By-law. 13.5.31 Special Urban Residential First Density-31 (UR1-31) (By-law 2023-64) 9632 Queen Street, Part of Lot 4, Concession 9, Part 2, Tier 1, Lots 5 and 6 Notwithstanding Sections 13.3.1 c), the minimum lot area requirement shall be the area existing as of the date of passage of this by-law. Notwithstanding any provision of this by-law to the contrary, the minimum front yard setback for the existing dwelling and accessory building shall be as they existed on the date of passage of this by-law. Notwithstanding Section 13.3.2 c), the minimum exterior side yard for the existing dwelling shall be as it existed on the date of passage of this by- law. All other provisions of this By-law shall apply. 13.5.32 Special Urban Residential First Density-32 (UR1-32) By-law 2024-06 Part of Lots 2 & 3, Concession 9 Part 3 of 39R14679 and 5427 Young Street Notwithstanding Section 13.3.2 a) to the contrary, on lands zoned Special Urban Residential First Density 32 (UR1-32), the minimum front setback for the existing dwelling shall be as it existed on the day of passage of this by-law. 13.5.33 Special Urban Residential First Density-33 (UR1-33) By-law 2024-27 Part of Lot 22, Concession 4 39R14797 Part 1 Notwithstanding Section 5.25.2 of this By-law to the contrary, in the Special Urban Residential First Density 33 (UR1-33) zone, the two existing accessory structures located closer to Jibb Road than the principal dwelling shall be permitted. Also permitted in the Special Urban Residential First Density 33 (UR1-33) zone is one additional accessory building setback a minimum of 16 metres from the Lacey Road frontage and which can be located closer to Lacey Road than the principal dwelling. 13.5.34 Special Urban Residential First Density 34 (UR1-34) By-law 2024-28 9595 Queen Street Part of 4, Concession 9 Plan 2 Tier 2, Lots 11 and 12, 39R-9757, Part 1 Notwithstanding Sections 13.3.1 b), 13.3.1 d, 13.3.2 b) and 13.3.2 c) to the contrary, in the Special Urban Residential First Density 34 (UR1-34) zone, for the principal building the following provisions shall apply: a) Lot Area (minimum) .1365 ha b) Lot Frontage (minimum) 20.31 c) Rear Setback (minimum) 9.79 metres d) Interior side setback (north) (minimum) .74 metres e) Interior side setback (south) (minimum) 2.98 metres