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Low-rise Residential Development within the Mature Neighbourhoods Overlay
(Section 140)
(By-law 2020-289)
140.
(1)
This section applies to R1, R2, R3 and R4 zones within the Mature Neighbourhoods Overlay
and prevails over any provisions to the contrary, except those specifically named under
subsection (10).
Definitions
(2)
For the purposes of Section 140, the following definitions apply:
Attribute means a land use quality or feature, regarded as a characteristic of, and an inherent
part of, the streetscape character, inclusive of the use, incidental use of lands, buildings and
associated uses, and includes building and entrance orientation with respect to the street;
treatment of yards abutting a street; the location and type of access to a site for pedestrians and
vehicles; and the location of parking.
Dominant means:
In the case of patterns, the dominant pattern is the most frequently occurring pattern as set out
in Section 140 for each of the attributes being documented in a Streetscape Character Analysis;
and
In the case of Character Groups, the dominant Character Group is the most frequently occurring
Group as detailed in Section 140, inclusive of the various patterns that constitute it, for each of
the attributes being documented in a Streetscape Character Analysis.
Existing means: as of the date that a Streetscape Character Analysis is submitted to the
Department of Planning and Growth Management, in the case of determining the existence of a
building, dwelling, driveway, walkway, attached garage or carport, parking space or principal
entranceway on a lot and to the actual yard setbacks of that building or dwelling, and in the
case of the existing average grade means, as of the date that a Streetscape Character Analysis
has been approved by the Department of Planning and Growth Management;
Immediately opposite means across the street and may be used in both the context of a lot
located most directly across the street from the subject lot, or of a development located most
directly across the street from the subject or proposed development;
Pattern means a specific arrangement of each of the land use attributes.
(3)
A Streetscape Character Analysis (SCA) must be confirmed prior to any application under the
Planning Act, building permit application, or approval under the Private Approach By-law, whose
approval would permit:
(a)
a new residential use building;
(b)
an addition to an existing residential use building, where the addition abuts the front
yard or corner side yard;
(c)
a modification to an existing residential use building that includes:
(i)
the removal of a principal entranceway that faces the front lot line or side lot
line abutting a street; or
(ii)
the addition or expansion of an attached garage or carport that faces the front
lot line or side lot line abutting a street; or
(d)
the addition or expansion of a driveway or parking space in the front yard or corner side
yard.
(4)
Despite (3), no Streetscape Character Analysis is required where the residential use building:
(a)
includes no driveway or attached garage or carport, and includes a principal entrance
facing the front lot line or side lot line abutting a street;
(b)
is on a lot that is part of a Plan of Subdivision and faces a new public street on which
there is no established residential streetscape character, for any building permit issued
within five years of subdivision registration; (By-law 2021-111)
(c)
fronts onto and has access from a private way within a Planned Unit Development; or
(By-law 2021-111)
(d)
after the addition or modification , no front-facing principal entranceway is removed and
no driveways, attached garages or carports are added or expanded. (By-law 2021-111)
(5)
A Streetscape Character Analysis ceases to be valid eighteen months after the date it is
confirmed.
(6)
(a)
The Streetscape Character Analysis must document the dominant pattern with respect
to:
(i)
location and type of driveways;
(ii)
location and size of all parking spaces, garages and carports; and,
(iii)
orientation of principal entranceways.
(b)
The attributes listed in subsection 140(6)(a) must be recorded for 21 lots located on the
same street as the affected lot, as follows:
(i)
the ten lots nearest the affected lot abutting the same side of the street and
located within the same block;
(ii)
the lot immediately opposite and across the street from the affected lot, and
(iii)
the ten lots nearest the lot specified in (ii) herein, located within the same
block as the affected lot.
(c)
Despite clause (b), where the affected lot is located on a block between two
intersections where:
(i)
there are more than five but less than eleven lots on the same block and the
same side of the street as the affected lot, documenting every one of
those lots is deemed to satisfy subclause (6) (b) (i);
(ii)
there are more than five but less than eleven lots on the same block, but on
the opposite side of the street as the affected lot, documenting every one of
those lots is deemed to satisfy subclauses (6) (b) (ii) and (6) (b) (iii).
(d)
Despite clauses (b) and (c), where the affected lot is located on a block between two
intersections where:
(i)
the total number of lots between the two intersections on either side of
the lot is less than 21 but more than 11, documenting all the lots on the block
on both sides of the street is deemed to satisfy clause 6(b);
(ii)
the street on which the affected lot is located consists of only one block or is
only developed on one side, documenting all the lots on the block on both
sides of the street is deemed to satisfy clause 6(b).
(e)
Despite clauses (b), (c) and (d), where the affected lot is located on a block between
two intersections where:
(i)
there are five or fewer lots on the same block and the same side of the street
as the affected lot; and/or
(ii)
there are five or fewer lots on the same block, but on the opposite side of the
street as the affected lot; and
(iii)
there are five or more lots located on either side of the same street beyond
either intersection, documenting 21 lots on both sides of the street within the
same block as the affected lot and beyond either intersection is deemed to
satisfy clause 6 (b).
(f)
When documenting lots beyond either intersection from the block on which the
affected lot is located, despite the requirement to document 21 lots in paragraph (iv) of
clause (e) above, such documentation need not extend more than one block further on
either side of each intersection.
(g)
Despite clauses (b), (c), (d) (e) and (f), where:
(i)
the street on which the affected lot is located terminates at the end of the block,
but is at least one more block in length in the other direction; and
(ii)
the next block has five or more lots on the same street; and
(iii)
there are fewer than 21 lots on the block on which the affected lot is located,
lots located beyond the said intersection must be included as part of the 21-lot
analysis undertaken pursuant to subclauses 6(b) (i) and (ii).
(h)
Despite clauses (b), (c), (d), (e), (f) and (g), where the street on which the
affected lot has fewer than five, or no other, lots facing it, the Streetscape Character
Analysis must include up to 21 lots closest to the affected lot located within the same
city block without crossing intersections but facing other streets, in the manner provided
by Subsection 140(6), clauses (b) through (g).
(i)
Where a lot among the set of lots specified in clauses (b) to (h), as applicable,
(i)
is vacant; or
(ii)
is developed with institutional, office or open space uses;
that lot must be documented in the Streetscape Character Analysis, but may
not be counted towards the dominant character of the streetscape.
(j)
Where a lot among the set of lots specified in clauses (b) to (h), as applicable, has
front yard parking whose legal status has not been established, that front yard parking
must be recorded as hard landscaping for the purposes of documenting the incidental
use of lands as required by subsection 140(6)(a). Where no front yard parking is
proposed, there is no requirement to establish the legal status of any such space that
may exist within the lots documented in a Streetscape Character Analysis.
(k)
In the case of a corner lot, only where dwellings will be fronting on both streets as the
affected lot, must the 21-lot analysis be undertaken along both streets, with the
documenting of 21 lots fronting on the same street as the principal entranceway of the
affected lot documented, and 11 lots fronting on the same street as the affected
lot's corner side lot line documented. Where there are fewer than the required number
of lots to be documented herein, clauses 140(6)(c) through (i) above apply.
(7) A driveway in the front or corner side yard is:
(a)
prohibited where access to a permitted or legally nonconforming parking space in the
rear yard or interior side yard is able to be provided via a travelled rear lane;
(b)
where not prohibited under (a), is permitted or prohibited according to the dominant
pattern of driveways, subject to Table 140A and Table 140B;
(c)
where permitted subject to 140B, is subject to 139(3); and
(d)
despite the dominant driveway pattern, where the number of lots in Character Group B
and C combined outnumber those in Character Group A, the dominant pattern is
deemed to be B (single-wide driveways.)
(e)
In the case of an apartment dwelling, low-rise, or a stacked dwelling, where a
driveway is permitted, the maximum permitted width for a driveway that leads to:
(i)
less than 20 parking spaces: 3.6 m
(ii)
20 or more parking spaces: 6 m.
(f)
Despite the dominant driveway pattern as per Table 140B, where the property is at least
15 m in lot width and within a R1 zone, a double driveway is permitted subject to Table
139(3).
(8) An attached garage or carport facing the front lot line or side lot line abutting a street
(a)
is permitted or prohibited according to the dominant pattern of garages and carports,
subject to Table 140A;
(b)
where permitted, the maximum width of the entrance to a garage or carport is
(i)
in the case of a single-wide garage or carport, 3m
(ii)
in the case of a double-wide garage or carport, 6m
(c)
Despite subsection (a), where a driveway is permitted, a parking space may be located
partially under the principal building provided that:
(i)
the building does not cantilever more than 1.8 m over the parking space,
(ii)
the cantilevered area above the parking space is not supported by a column,
pillar, pier, or post.
(9) A principal entrance facing the front lot line or side lot line abutting a street
(a)
is permitted;
(b)
may be required according to the dominant pattern of principal entrances, subject to
Table 140C; and
(c)
Where required under Table 140C,
(i)
in the case of detached dwellings, linked detached dwellings, and townhouse
dwellings, the principal entrance requirement applies to each dwelling unit.
(ii)
in the case of semi-detached, long semi-detached, duplex, three-unit, and low-
rise apartment dwellings, at least one principal entrance must face the street.
(iii)
in the case of stacked dwellings, only one principal entrance for each vertical
pair of dwelling units is subject to the requirement.
(10) The first floor of a dwelling or dwelling unit must contain at least 40 m2 of habitable floor space.
(11) The regulations listed below continue to apply in addition to those regulations of the Mature
Neighbourhoods Overlay:
(a)
Part 4- Parking, Section 100, other than Subsection 100 (3), clause (b), paragraph (ii)
which is superceded by this Section,
(b)
Section 105
(c)
Section 106, other than Subsection 106 (1), clause (a)
(d)
Subsection 107 (1) and Table 107
(e)
Section 108
(f)
Section 110
(g)
Section 111
(h)
Section 112
(i)
Section 113
(j)
All of Part 5 - General Residential Provisions
(k)
All of Part 6 - Residential Zones, other than as specifically required in this Section
Table 140A - Garages, Carports and Parking
Character Group
A
B
Streetscape Character
No Garage or carport is attached
to the front façade or corner
façade of the dwelling
Garage or carport is attached to
the front façade or corner façade
Regulations
(i)
No front-facing or corner-
facing attached garage or carport is
permitted140 (8) (b).
(ii)
A garage or carport may
be attached to the exterior wall of
the dwelling that faces the interior
side lot line, or may be attached to
the rear face of the dwelling.
(iii)
parking may be in a
surface side or rear parking space,
or in a rear yard detached garage.
(iv)
A notched-out space may
be created by cutting into the side
of the first floor of the dwelling unit
to provide for one surface parking
space, pursuant Subsection 140
(8).
(i)
A front-facing or corner-
facing attached garage or carport
may be developed along part of the
dwelling unit's front face or corner
face, provided it is setback further
than the principal entranceway of
the dwelling, pursuant to
Subsection 139 (3). (By-law 2021-
111)
(ii)
A garage or carport may
be attached to the exterior wall of
the dwelling that faces the interior
side lot line, or may be attached to
the rear face of the dwelling ,or in a
surface side or rear parking space,
or rear yard garage.
(iii)
parking may be in a
surface side or rear parking space,
or in a rear yard detached garage.
(iv)
A notched-out space may
be created by cutting into the side
of the first floor of the dwelling unit
to provide for one surface parking
space pursuant to Subsection 140
(8).
Table 140B - Driveway Character Groups and Legal Front Yard Parking
Character
Group
A
B
C
D
Streetscape
Character
No driveways
Individual /
Shared
Driveways
Double-wide
driveway
Legal Front Yard
Parking
Regulation
No driveway is
permitted
A single driveway
or shared driveway
is permitted
A double-wide
driveway is not
permitted unless it is
the dominant
character, pursuant
to Table 139(3) (By-
law 2021-111).
A single driveway or
shared driveway is
permitted.
(i)
Front yard
parking and corner
side yard parking
are prohibited.
(ii)
However,
where front yard
parking or corner
side yard parking
was created legally,
either prior to 1965
or created through a
zoning by- law
amendment or
minor variance and
is the dominant
pattern along the
street, a new front
yard parking space
may be permitted.
Table 140C - Principal Entranceway Character Groups
Character Group A
B
Streetscape
Character
Principal Entranceway is located on
the front façade of the dwelling unit
and faces the street
Principal Entranceway is not located on the front façade
of the dwelling unit and does not face the street
Regulation
In the case of detached, linked
detached, semi-detached and
townhouse dwellings, all new
development and additions must have
the principal entranceway face the
street on which the principal dwelling
unit is, or units are, fronting upon.
In the case of a long semi- detached,
triplex, or stacked dwelling, an
apartment dwelling, low-rise, rooming
house or retirement home, all new
development and additions must have
a principal entranceway face the street
on which the principal dwelling is
located.
New development and additions do not need to have the
principal entranceway face the street on which the
principal dwelling unit is fronting.
In the case of a long semi-detached, triplex, or stacked
dwelling, or an apartment dwelling, low rise, rooming
house or retirement home, only one of the principal
entranceways must face the street, with other principal
entranceways not required to face the street on which the
dwelling or dwellings units is located.