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Accessory Uses, Buildings and Structures (Section 55)
55.
(1)
An accessory use is permitted in any zone if:
(a)
it is on the same lot as the principal use to which it is accessory; and
(b)
it exists to aid and contribute to the principal use to carry out the function of that
principal use.
(2)
Except in the case of the MD zone, no person shall, where an accessory use is in a
different building than the principal use to which it is accessory, use that accessory building
(By-law 2009-164)
(a)
for human habitation; and
(b)
in non-compliance with the provisions set out in Table 55.
(3)
For the purposes of this section, the determination of whether or not a use is an accessory
use or an ancillary use to a principal use should be made by referencing the definitions of
accessory, accessory building, accessory structure, accessory use and ancillary use. It
should be noted that a building is a land use, be it a principal use, an accessory use or an
ancillary use.
(4)
This Section does not apply to satellite dishes or tower antennas in residential zones either
of which could be by definition an accessory structure, refer to section 91(4) regarding the
City's Municipal Concurrence and Public Consultation Process for Antenna Systems. (By-
law 2016-131)
(5)
A additional dwelling unit is not considered to be an accessory use and it is regulated by
Section 133.
(6)
A coach house is not considered to be an accessory use and any building containing a
coach house is regulated by Section 142, and not this section. (By-law 2016-356)
(7)
Subsection 138(1), which deems a 0 m setback between two vertically-attached units,
applies. (By-law 2010-307)
(8)
This Section does not apply to Hydronic Heaters, which are by definition an accessory
structure, as they are regulated by Section 83 - Hydronic Heaters. (By-law 2012-344)
(9)
Despite Table 55, buildings formerly used as part of an agricultural use and remaining on a
lot created for residential purposes as part of a surplus farm severance are permitted as
accessory to a residential use provided they comply with Subsections (1) and (2). (By-law
2017-302)
(10)
An unmodified shipping container is a prohibited accessory building, except as a temporary
use subject to Section 71, in the following zones: R1, R2, R3, R4 and R5 zones. (By-law
2019-410) (By-law 2021-218)
(11)
This section does not apply to a Battery Energy Storage System (BESS) which is accessory
or ancillary to a building. (By-law 2025-072)
TABLE 55 - PROVISIONS FOR ACCESSORY USES, BUILDINGS OR STRUCTURES-
(By-law 2009-164) (By-law 2013-224) (By-law 2020-289)
I
Zoning Mechanism
Provisions
II
R1, R2, R3, R4, R5,
V1, V2 and V3 Zones
(By-law 2010-123)
III
AG, EP, ME, MR, RC, RG, RH,
RI, RM, RR and RU Zones (By-
law 2010-123)
IV
All Other zones
(1)
Minimum Required Setback
from a Front Lot Line
Same as required for principal building. (By-law 2008-326)
(By-law 2008-462)
(2)
Minimum Required Setback
from a Corner Side Lot Line or
a Rear Lot Line abutting a
street
(a
)
for a garage, carport or
temporary car shelter with
direct vehicular access
from that street
Same as minimum corner side yard setback
(b
)
other cases
1.2 m
Same as minimum corner side yard or rear
yard setback respectively
0 m
(3)
Minimum Required Setback
from an Interior Side Lot Line
or Rear Lot Line not abutting a
street
(a
)
For a marine facility where
it abuts a watercourse
0 m
(b
)
For shared garages or
carports erected on a
common side lot line
0 m from the common side lot line
(c
)
For children's play
structures and for walkable
decking serving an above-
ground swimming pool or
hot tub (note: for the
purposes of this provision,
the height of a play
structure means the
highest point designed for
a child to safely stand,
sit or climb and this
provision does not apply to
walkable surfaces serving
a hot tub where the hot tub
is placed on top of the
surface) (By-law 2013-
359) (By-law 2017-302)
(i)
Abutting a residential zone:
a distance equal to the
height of the structure
A distance equal to the
height of the structure
(i)
Abutting a residential
zone: a distance
equal to the height of
the structure
(ii) Not abutting a residential
zone - 0.6 m
(ii)
Not abutting a
residential zone: 0.6
m
(d
)
For above ground pools or
hot tubs not equipped with
walkable decking and not
contained within a building
(By-law 2013-359)
0.6m
0.6m
0.6m
(e
)
Other accessory buildings
or structures, or situations
not otherwise specified
above (By-law 2013-359)
(i)
In a front or interior side
yard or corner side yard -
same as principal building
(By-law 2018-155)
(i)
In a front, interior
side or corner
side yard - same
as principal
building
(i)
Abutting a residential
zone: 0.6 m
(ii)
In a rear yard - 0.6 m
(ii) In a rear yard - 1
m
(ii)
Not abutting a
residential zone - 0 m
(4)
Minimum Required Distance
from Any Other Building
Located on the same lot,
except for a hot tub
1.2 m
0 m
I
Zoning Mechanism
Provisions
II
R1, R2, R3, R4, R5,
V1, V2 and V3 Zones
(By-law 2010-123)
III
AG, EP, ME, MR, RC, RG, RH,
RI, RM, RR and RU Zones (By-
law 2010-123)
IV
All Other zones
(5)
Maximum Permitted Height
(see also Section 64)
-R1, R2,
R3, R4
and R5
Zones :
3.6 m, with
the height
of the
exterior
walls not to
exceed 3.2
m
-V1, V2
and V3
Zones; 4.5
m
(By-law
2016-351)
(a)
AG, RU Zones -
12 m
(By-law 2009-
164)
6 m
(b)
RU1 to RU4
subzones and
all other zones -
6 m
(6)
Maximum Permitted Size
Aggregate
of all
accessory
buildings
not to
exceed a
lot
coverage
of 50% of
the yard in
which they
are
located,
with a
maximum
cumulative
floor area
of 55 m2
as
measured
from the
exterior
walls of the
building
(By-law
2009-302)
(a)
In an EP zone, if
accessory to
residential use,
aggregate of all
accessory
buildings not to
exceed 55m2 or if
accessory to
other uses,
aggregate of all
accessory
buildings not to
exceed 150m2.
(By-law 2009-
164)
No restriction
(b)
In an RM zone:
(i)
A maximum
of 10 m2 is
permitted for
a maximum
of one
accessory
building
associated
with a mobile
home site;
and
I
Zoning Mechanism
Provisions
II
R1, R2, R3, R4, R5,
V1, V2 and V3 Zones
(By-law 2010-123)
III
AG, EP, ME, MR, RC, RG, RH,
RI, RM, RR and RU Zones (By-
law 2010-123)
IV
All Other zones
(ii)
A maximum
cumulative
total gross
floor area of
300 m 2 may
be used for
accessory
buildings or
structures
whose sole
purpose is to
provide
space for
tools,
equipment,
materials
and similar
items, or for
accessory
uses needed
to maintain
the mobile
home park;
and must not
be used for
storage for
individual
mobile home
sites, nor for
commercial
storage. (By-
law 2010-
123)
( c)
In all other
column III zones,
aggregate of all
accessory
buildings not to
exceed 5% of the
total lot area or
150m2 whichever
is the greater (By-
law 2009-164)
(By-law 2010-
123)
(6a) Maximum Size and Height of a
Landing to an Above-Ground
Pool (By-law 2020-289)
In the R1-R4
Zones in Area A
of Schedule
342, as tall as
needed to
access the pool
but only for a
maximum area
of 2.3 m2 (By-
law 2020-289)
(7)
Maximum Number of
Accessory Buildings Permitted
on a lot
2
No restriction
I
Zoning Mechanism
Provisions
II
R1, R2, R3, R4, R5,
V1, V2 and V3 Zones
(By-law 2010-123)
III
AG, EP, ME, MR, RC, RG, RH,
RI, RM, RR and RU Zones (By-
law 2010-123)
IV
All Other zones
(8)
Rooftop landscaped areas,
gardens and
terraces
In the case of a dwelling of four storeys or less, and any part of an apartment, mid-rise and
apartment, high-rise that is four storeys or less:
(a)
(i) Where located on the roof of the uppermost storey: minimum
1.5 m from any exterior wall of the building.
(ii) Where a roof-top terrace is not located on the roof of the
uppermost storey and meets or exceeds an area equivalent
to 25 per cent of the gross floor area of the storey it is adjacent
to and most equal to in height: minimum 1.5 m from any
exterior wall of the building.
(b)
Where a roof-top terrace is not located on the roof of the uppermost storey, and
not exceeding an area equivalent to 25 per cent of the gross floor area of the
storey it is adjacent to and most equal to in height, no setback is required.
(c)
Where such roof-top terrace is adjacent to a rear yard and within 1.5 m of an
exterior side wall or interior side lot line, a 1.5 m high opaque screen is to be
provided facing the interior side yard or interior side lot line.
(d)
A roof-top access associated with a detached, linked detached, semi-detached,
long semi- detached, three unit and townhouse dwelling where it projects above
the permitted height must:
(i)
be setback a distance equal to its height from the exterior front wall and exterior
rear wall,
(ii)
not exceed a total area of 10.5 m2,
(iii)
not have eaves that project more than 0.6 m beyond the exterior walls of the
access, and not exceed 3 m in height.
(e)
Where an elevator is proposed to provide access to a rooftop terrace and projects
above the required height limit in a detached, linked detached, semi-detached,
long semi-detached, three unit or townhouse dwelling unit, the maximum area
needed for the rooftop access may be larger than required under (d) (ii) to allow for
the proper functioning of the elevator including the minimum landing area
necessary to provide proper egress between the elevator and the rooftop terrace,
and an elevator landing may be sized as necessary to provide reasonable access
to a provided elevator, with a clear interior area of 1.5m2. (By-law 2020-289)(By-
law 2022-103)