Comprehensive Zoning By-law 10-2022

Stratford, Ontario

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TABLE OF CONTENTS City of Stratford | Zoning By-law 10-2022 Page i Section Page Preamble x Section 1 - Interpretation & Administration 1-1 1.1 Title 1-1 1.2 Lands Affected 1-1 1.3 Repeal of Former By-laws 1-1 1.4 Conformity with this By-law 1-1 1.5 Compliance with Other Legislation 1-1 1.6 Penalties 1-2 1.7 Severability 1-2 1.8 Clarification and Convenience 1-2 1.9 Measurements and Rounding Provisions 1-3 1.10 Transition Protocol 1-4 1.10.1 Building Permit Applications 1-4 1.10.2 Minor Variance and Consent Applications 1-5 1.10.3 Site Plan Applications 1-5 1.10.4 Previous Zoning to Apply 1-5 1.10.5 Cessation of Section 1.10 Relief 1-6 Section 2 - Establishment of Zones 2-1 2.1 Establishment of Zones 2-1 2.2 Zone Symbols 2-2 2.3 Interpretation of Zone Boundaries 2-2 2.3.1 Determination of Boundary 2-2 2.3.2 Lots with More Than One Zone 2-3 2.3.3 Lots with Compound Zoning 2-3 2.4 Interpretation of Use 2-3 2.5 Special Zone Regulations 2-3 2.5.1 Zone Exceptions (Defined Areas) 2-4 2.5.2 Holding Provisions 2-4 TABLE OF CONTENTS Page ii City of Stratford | Zoning By-law 10-2022 2.5.3 Bonus Provisions 2-11 2.5.4 Temporary Use Permission 2-14 2.5.5 Upper Thames River Conservation Authority Regulated Area 2-14 2.5.6 Stratford Municipal Airport and Adjacent Area 2-14 Section 3 - Definitions 3-1 Section 4 - General Provisions 4-1 4.1 Accessory Buildings, Structures and Uses 4-1 4.1.1 Uses Permitted 4-1 4.1.2 Location 4-1 4.1.3 Lot Coverage 4-3 4.1.4 Regulations 4-3 4.2 Access Required to a Street 4-5 4.2.1 Lot Frontage Requirements 4-5 4.3 Bed and Breakfast Establishments and Short Term Rental Accommodation 4-5 4.3.1 Bed and Breakfast Establishment 4-6 4.3.2 Parking Requirements 4-8 4.3.3 Other Requirements 4-9 4.3.4 Accessory Guest Room 4-10 4.3.5 Accessory Guest Rooms in Accessory Buildings 4-10 4.4 Cannabis Production Facility 4-11 4.5 Consents Subject to an Agreement 4-11 4.6 Construction Uses 4-12 4.7 Daylight Triangles and Visibility Triangles 4-12 4.7.1 Minimum Daylight Triangle Requirement 4-12 4.7.2 Minimum Visibility Triangle Requirements 4-12 4.7.3 Prohibition of Obstructions within Visibility Triangles 4-13 4.7.4 Exemptions 4-13 TABLE OF CONTENTS City of Stratford | Zoning By-law 10-2022 Page iii 4.8 Drive Throughs, Stacking Lanes and Stacking Spaces 4-14 4.9 Dwellings Per Lot 4-15 4.10 Garden Suites 4-15 4.11 Group Homes 4-16 4.12 Height Exceptions 4-17 4.13 Home Occupations 4-18 4.14 Landscaped Open Space 4-19 4.15 Minimum Distance Separation Requirements 4-20 4.16 Model Homes and Temporary Sales Offices 4-20 4.17 Non-Conformity with this By-law 4-21 4.17.1 Continuation 4-21 4.17.2 Repair 4-22 4.17.3 Extensions 4-22 4.17.4 Legal Existing Lots 4-22 4.17.5 Reduction in Lot Area 4-22 4.17.6 Lots Created Through Plan of Subdivision or Consent 4-23 4.18 Outdoor Swimming Pools and Hot Tubs 4-23 4.19 Outside Display and Sale of Goods, Materials and Merchandise 4-24 4.20 Permitted Yard Encroachments 4-24 4.20.1 Projection into Required Yards 4-24 4.21 Planting Strips 4-27 4.22 Public Uses 4-27 4.23 Rooftop Mechanical Equipment and Mechanical Penthouses 4-28 4.24 Second Suite Regulations 4-28 4.24.1 Permitted Use Requirements 4-28 4.24.2 Parking Requirements 4-29 4.24.3 Entrance Requirements 4-29 4.24.4 Restricted Areas 4-30 4.25 Servicing Requirements 4-30 TABLE OF CONTENTS Page iv City of Stratford | Zoning By-law 10-2022 4.26 Setbacks 4-30 4.26.1 Required Setbacks 4-30 4.26.2 Setback Dimension Considered a Required Yard 4-31 4.26.3 Street Widenings 4-32 4.26.4 Established Building Lines in Residential and MUR Zones 4-32 4.26.5 Exterior Side Yard 4-33 4.26.6 Front Yard Setbacks for Specific Streets 4-33 4.27 Shipping Containers 4-34 4.28 Source Protection (Wellhead Protection Areas) 4-34 4.29 Upper Thames River Conservation Authority Regulated Area (Schedule "A" Overlay) 4-35 4.30 Walkways 4-37 4.30.1 Location and Width 4-37 Section 5 - Parking and Loading Requirements 5-1 5.1 Minimum Parking Space Requirements 5-1 5.1.1 Shared Parking Space Requirements for Mixed Use Developments 5-6 5.1.2 Calculation of Required Parking Spaces 5-7 5.2 Parking Space Dimensions and Requirements 5-8 5.3 Driveway, Parking Aisle and Parking Area Requirements 5-9 5.3.1 Driveway and Parking Aisles Dimensions 5-9 5.3.2 Location of Driveways, Parking Areas and Parking Aisles 5-11 5.3.3 Access to Parking Areas and Parking Spaces 5-15 5.3.4 Surfacing of Parking Areas, Driveways and Loading Spaces 5-17 5.3.5 Large Surface Parking Area Requirements 5-18 5.3.6 Maximum Number of Driveways 5-18 5.3.7 Parking Provisions for Other Vehicles Associated with Residential Uses 5-19 TABLE OF CONTENTS City of Stratford | Zoning By-law 10-2022 Page v 5.3.8 Structured and Underground Parking Areas 5-20 5.3.9 Parking Shelters 5-21 5.4 Barrier Free Parking Space Requirements 5-21 5.4.1 Minimum Barrier Free Parking Spaces 5-21 5.4.2 Calculation of Barrier Free Parking Spaces 5-22 5.4.3 Barrier Free Parking Space Dimensions and Requirements 5-23 5.4.4 Minimum Loading Space Requirements 5-24 5.4.5 Calculation of Loading Spaces 5-25 5.4.6 Loading Space Dimensions and Requirements 5-25 5.4.7 Location of Loading Spaces 5-26 5.4.8 Access to Loading Spaces 5-26 5.5 Bicycle Parking Requirements 5-27 5.5.1 Minimum Bicycle Parking Space Requirements 5-27 5.5.2 Calculation of Bicycle Parking Spaces 5-28 5.5.3 Bicycle Parking Space Dimensions and Parking Area Requirements 5-28 5.5.4 Provision of Additional Bicycle Parking Spaces 5-29 5.6 Central Business District Exemption 5-29 Section 6 - Residential Zones 6-1 6.1 List of Applicable Zones 6-1 6.2 Permitted Uses 6-1 6.3 Special Use Regulations 6-3 6.3.1 Residential First Density (R1) Zone 6-3 6.3.2 Residential Secondary Density (R2) Zone 6-3 6.3.3 Residential Third Density (R3) Zone 6-3 6.3.4 Residential Fourth Density (R4) Zone 6-3 6.3.5 Residential Fifth Density (R5) Zone 6-4 6.3.6 Mixed Use Residential (MUR) Zone 6-4 TABLE OF CONTENTS Page vi City of Stratford | Zoning By-law 10-2022 6.4 General Use Regulations 6-4 6.4.1 Residential First Density (R1) Zone 6-5 6.4.2 Residential Secondary Density (R2) Zone 6-7 6.4.3 Residential Third Density (R3) Zone 6-10 6.4.4 Residential Fourth Density (R4) Zone 6-14 6.4.5 Residential Fifth Density (R5) Zone 6-16 Section 7 - Commercial Zones 7-1 7.1 List of Applicable Zones 7-1 7.2 Permitted Uses 7-1 7.3 Special Use Regulations 7-4 7.3.1 Neighbourhood Commercial (C1) Zone 7-4 7.3.2 Highway Commercial (C2) Zone 7-4 7.3.3 Central Commercial (C3) Zone 7-5 7.3.4 Shopping Centre Commercial (C4) Zone 7-5 7.3.5 Corridor Commercial (C5) Zone 7-5 7.3.6 Gas Bars 7-5 7.4 General Use Regulations 7-7 Section 8 - Grand Trunk Anchor District Zone 8-1 8.1 List of Applicable Zones 8-1 8.2 Permitted Uses 8-1 8.3 Special Use Regulations 8-4 8.3.1 Loading Spaces 8-4 8.3.2 Parking Rates 8-4 8.3.3 Shared Parking 8-4 8.4 General Use Regulations 8-5 Section 9 - Industrial Zones 9-1 9.1 List of Applicable Zones 9-1 9.2 Permitted Uses 9-1 TABLE OF CONTENTS City of Stratford | Zoning By-law 10-2022 Page vii 9.3 Special Use Regulations 9-3 9.3.1 Prime Industrial (I1) Zone 9-3 9.3.2 General Industrial (I2) Zone 9-4 9.3.3 Secondary Industrial (I3) Zone 9-5 9.3.4 Factory District (I4) Zone 9-5 9.4 General Use Regulations 9-6 Section 10 - Institutional Zones 10-1 10.1 List of Applicable Zones 10-1 10.2 Permitted Uses 10-1 10.3 Special Use Regulations 10-2 10.3.1 Institutional Community (IN1) Zone 10-2 10.3.2 Institutional Neighbourhood (IN2) Zone 10-2 10.4 General Use Regulations 10-3 Section 11 - Theatre District Zone 11-1 11.1 List of Applicable Zones 11-1 11.2 Permitted Uses 11-1 11.3 Special Use Regulations 11-1 11.3.1 Theatre District Zone 11-1 11.4 General Use Regulations 11-2 Section 12 - Parks and Open Space Zones 12-1 12.1 List of Applicable Zones 12-1 12.2 Permitted Uses 12-1 12.3 Special Use Regulations 12-1 12.3.1 Parks (P) Zone 12-1 12.3.2 Open Space (OS) Zone 12-1 12.4 General Use Regulations 12-2 Section 13 - Agricultural Zone 13-1 13.1 List of Applicable Zones 13-1 TABLE OF CONTENTS Page viii City of Stratford | Zoning By-law 10-2022 13.2 Permitted Uses 13-1 13.3 Special Use Regulations 13-2 13.3.1 Agricultural (A) Zone 13-2 13.4 General Use Regulations 13-4 Section 14 - Urban Reserve Zone 14-1 14.1 List of Applicable Zones 14-1 14.2 Permitted Uses 14-1 14.3 Special Use Regulations 14-1 14.3.1 Urban Reserve (UR) Zone 14-1 14.4 General Use Regulations 14-2 Section 15 - Zone Exceptions 15-1 15.1 Residential First Density (R1) Zone 15-1 15.2 Residential Secondary Density (R2) Zone 15-15 15.3 Residential Third Density (R3) Zone 15-34 15.4 Residential Fourth Density (R4) Zone 15-39 15.5 Residential Fifth Density (R5) Zone 15-58 15.6 Mixed Use Residential (MUR) Zone 15-67 15.7 Neighbourhood Commercial (C1) Zone 15-71 15.8 Highway Commercial (C2) Zone 15-74 15.9 Central Commercial (C3) Zone 15-87 15.10 Shopping Centre Commercial (C4) Zone 15-91 15.11 Corridor Commercial (C5) Zone 15-96 15.12 Grand Trunk Anchor District (AD) Zone 15-97 15.13 Prime Industrial (I1) Zone 15-98 15.14 General Industrial (I2) Zone 15-101 15.15 Secondary Industrial (I3) Zone 15-123 15.16 Factory District (I4) Zone 15-124 15.17 Institutional Community (IN1) Zone 15-126 TABLE OF CONTENTS City of Stratford | Zoning By-law 10-2022 Page ix 15.18 Institutional Neighbourhood (IN2) Zone 15-128 15.19 Theatre District (TH) Zone 15-129 15.20 Parks (P) Zone 15-130 15.21 Open Space (OS) Zone 15-131 15.22 Agricultural (A) Zone 15-132 15.23 Urban Reserve (UR) Zone 15-142 Schedules Schedule "A" - Maps Schedule "B" - Street Classification and Existing and Design Street Widths Schedule "C" - Wellhead Protection Areas PREAMBLE HOW TO READ THIS BY-LAW Page x City of Stratford Final for Council Adoption - January 2022 PREAMBLE The preamble is intended to assist the reader in understanding and interpreting the Zoning By-law for the City of Stratford. It does not form part of the Zoning By-law. 1.0 Overview of Zoning By-laws A Zoning By-law is a detailed municipal by-law that regulates the types of land uses and activities that may occur on a property or within buildings; and the height, location, massing and character of buildings and structures. Section 34 of the Ontario Planning Act, as amended, gives local municipalities the authority to pass Zoning By-laws, and identifies the specific matters that may be regulated by a Zoning By-law. Zoning By-laws are used by most municipalities in Ontario to manage land use compatibility and manage the character and appearance of neighbourhoods and communities. Zoning By-laws are also prepared to implement the policies of a municipality's Official Plan, which establishes goals and policies respecting the types of permitted land uses and desired built form within different geographic areas of the municipality. The Zoning By-law is used to translate these policies into more specific permitted land uses, and requirements for lot and buildings by establishing zone categories and regulations which apply to all lands in the municipality. A Zoning By-law is primarily implemented through the building permit application process. Where a property owner or occupant wishes to construct something on their property, and applies for a building permit, the proposal must conform to the provisions of the Zoning By-law. If the proposal does not conform to the Zoning By-law, the applicant can: a) apply for a minor variance to seek relief from the provisions of the Zoning By-law; b) apply for a rezoning (Zoning By-law Amendment) to change their zone or seek major relief from the provisions of the Zoning By-law; or c) the applicant can rework their proposal so that it complies with the Zoning By-law. PREAMBLE HOW TO READ THIS BY-LAW City of Stratford Page xi Final for Council Adoption - January 2022 2.0 Authority to Prepare this By-law The Zoning By-law is prepared in accordance with Section 34 of the Planning Act, R.S.O., 1990, c.P.13, as amended. Generally speaking, the Planning Act allows the Council of the City of Stratford to pass zoning by-laws to restrict the use of land, and to regulate the size, location and character of buildings and structures within the City. 3.0 Overview of the City of Stratford Zoning By-law This Zoning By-law regulates the use of land and buildings and the massing, location, height and character of buildings and structures for all lands within the City of Stratford. All properties in the City of Stratford as shown on Schedule "A" are subject to the provisions of this Zoning By-law. This By-law replaces the City of Stratford Zoning By-law 201-2000, as well as the portions of the Township of Perth East By-law 30-1999 and Township of Perth South By-law 4-1999, as they relate to lands which are now within the corporate limits of the City of Stratford. 3.1 Structure of this By-law The City of Stratford Zoning By-law consists of the following sections: Section 1.0 - Interpretation and Administration Section 1.0 describes how the Zoning By-law is to be interpreted, and how the By-law is to be administered by the City of Stratford. All buildings and structures and land uses within the City are required to conform to the provisions of this By-law. Section 1.0 also contains important details regarding how development applications in process are to be administered. Section 2.0 - Establishment of Zones Section 2.0 of the Zoning By-law establishes the zone categories and zone symbols which are applied to all lands within the City of Stratford as shown on Schedule "A" to this By-law. This section also describes how zone boundaries are to be interpreted and identifies special zone regulations which may apply to certain properties. PREAMBLE HOW TO READ THIS BY-LAW Page xii City of Stratford Final for Council Adoption - January 2022 Certain lands may be subject to holding provisions, which are denoted by the symbols "-H1, -H2", etc., as a suffix to the zone. Where a holding symbol is shown, the provisions of Section 2.5.2 apply. Where a holding symbol is applied to lands, the lands may not be used or developed according to the requirements in the underlying zone until such time as the holding symbol is removed. Lands subject to a holding symbol are typically only permitted to be used for those uses which legally existed prior to the addition of the holding symbol. The by- law which was passed to add the holding symbol may contain special conditions for removing the holding symbol, such as the provision of municipal wastewater servicing for the land. City Council must pass a by-law to remove the holding symbol once they are satisfied that the conditions for removing the holding symbol have been met. Certain lands may be subject to bonus provisions, which are denoted by the symbols "-B1, -B2", etc. as a suffix to the zone. Where a bonus provision is shown, the provisions of Section 2.5.3 apply. Where a bonus provision is applied to lands, increases in the height and/or density are permitted, beyond that which is typically permitted in this By-law, in exchange for the provision of certain facilities, services, or other matters which provide a community benefit. An amendment to this By-law is required to establish the development standards that would apply when bonusing is granted. Certain lands may be subject to a temporary use permission, which are denoted by the symbols "-T1, -T2", etc. as a suffix to the zone. Where a temporary use permission is shown, the provisions of Section 2.5.4 apply. Where a temporary use permission is applied to lands, through a Temporary Use By-law, the subject lands may be used for such temporary uses as set out in the By-law for a limited period of time, notwithstanding the permitted uses of this By-law. An amendment to this By-law is required to establish the temporary use provisions related to the subject lands. Certain lands may also be subject to compound zoning (i.e., I2/UR), in which case the provisions of this By-law with respect to each zone shall apply to the subject lands, and any building, structure or use shall conform to the provisions of this By-law which are applicable to such building, structure or use. PREAMBLE HOW TO READ THIS BY-LAW City of Stratford Page xiii Final for Council Adoption - January 2022 Section 3.0 - Definitions Section 3.0 provides specific definitions for commonly used terms in the By-law. The permitted uses, and other technical terms used in the Zoning By-law are defined to ensure the Zoning By-law is being interpreted and applied consistently. For the convenience of the reader, if a term is italicized in the text of the Zoning By-law, then the term is defined in Section 3.0. Section 4.0 - General Provisions Section 4.0 of the Zoning By-law provides general provisions which may be applicable to all zones, one or more categories of zones, or to specific uses, depending on the proposed use of the lot or the context of the lot. These provisions include detailed requirements for swimming pools, home occupations, accessory buildings, short term rental accommodations, bed and breakfasts and many more subjects that will be applicable depending on the context. Section 5.0 - Parking and Loading Requirements Section 5.0 identifies the minimum number of parking spaces that a use must provide on-site to accommodate vehicles. Some uses are also required to have loading spaces to accommodate the use. In this By-law, some uses are also required to provide and maintain a certain number of barrier free parking spaces and bicycle parking spaces. This section also provides requirements for the size of parking spaces, drive aisles, and parking lots. Sections 6.0-14.0 - Zone Categories (Permitted Uses, Special Use Regulations, and General Use Regulations) Sections 6.0 through 14.0 outlines the zone categories which establish the permitted uses within each zone, as well as the general use regulations which identify the lot and building requirements, including minimum lot area and lot frontage requirements, building setbacks from lot lines, maximum building heights, and requirements for accessory buildings or structures. In certain instances, a zone category may contain multiple zone variations which apply different general use regulations. Certain zones may also contain special use regulations which apply additional requirements to a specific use, such as a boarding house dwelling, gas bar, and open storage. The zones are organized into similar categories, in the following sections: PREAMBLE HOW TO READ THIS BY-LAW Page xiv City of Stratford Final for Council Adoption - January 2022 Section 6.0 - Residential Zones Section 7.0 - Commercial and Mixed Use Zones Section 8.0 - Grand Trunk Anchor District Zone Section 9.0 - Industrial Zones Section 10.0 - Institutional Zones Section 11.0 - Theatre District Zone Section 12.0 - Parks and Open Space Zones Section 13.0 - Agricultural Zone Section 14.0 - Urban Reserve Zone Section 15.0 - Zone Exceptions Most lands in the City of Stratford are zoned by a base zone, which are represented by symbols such as R1(1), I2, etc. However, some lands are also zoned by a site-specific zone exception, which is denoted as a base zone symbol followed by a hyphenated numeric suffix in Section 15.0. For example, I2-1 is zone exception number 1 to the General Industrial (I2) Zone. The zone exceptions provide special provisions related to that specific property or properties, and establish specific requirements related to that zone exception. Section 16.0- Enactment of By-law Section 16.0 includes the particulars for the enactment of the Zoning By-law, including the effective date. Schedule "A" Maps Schedule "A" to the Zoning By-law is comprised of a series of Maps which identify the zone categories for all lands in the City of Stratford. In addition, the maps also identify areas which are subject to specific provisions which may include zone exceptions and Holding Provisions. The mapping is subject to change and may be amended from time to time to reflect amendments to the zoning by-law as well as mapping changes due to technical adjustments. Upper Thames River Conservation Authority Regulation Area (Schedule "A" Overlay) The Regulated Area of the Upper Thames River Conservation Authority is illustrated as an overlay on the Schedule "A" maps. The Regulated Area includes lands within the jurisdiction of the Upper Thames River Conservation Authority, and may relate to lands associated with flooding or other hazard lands. PREAMBLE HOW TO READ THIS BY-LAW City of Stratford Page xv Final for Council Adoption - January 2022 Development within the Regulated Area may require a permit from the Conservation Authority before a building permit can be issued. This overlay is primarily intended for information purposes only, as the Regulated Area of the Conservation Authority may change from time to time. The reader should consult with the City of Stratford and the Upper Thames River Conservation Authority to confirm whether a permit will be required from the Conservation Authority prior to any development or site alteration. Section 4.29 (Upper Thames River Conservation Authority Regulation Area) in the general provisions provides additional information about the meaning of this overlay. Schedule "B" - Street Classification and Existing and Design Street Widths Schedule "B" establishes the classification of streets, including Arterial, Collector and Local Streets. It also identifies the existing street width and the design (or planned) street width, which may identify where additional land may be required for a future road widening. The Zoning By-law makes reference to Schedule "B" when referring to the classification of streets and the existing and design (or planned) street widths. Schedule "C" - Wellhead Protection Areas Schedule "C" identifies wellhead protection areas which include vulnerable areas in which a significant drinking water threat could occur, in accordance with the Clean Water Act. The general provisions of Section 4.28 (Source Protection (Wellhead Protection Areas)) identify uses and activities which may be prohibited within the defined wellhead protection areas. The intent of these provisions is to protect the quality of groundwater resources by prohibiting certain uses which may cause adverse impacts on groundwater, such as the storage and handling of hazardous wastes. All provisions of the By-law are intended to be read in conjunction with one another. It is always important, when reading a Zoning By-law, to identify all provisions throughout the document which may apply to a particular property or use. PREAMBLE HOW TO READ THIS BY-LAW Page xvi City of Stratford Final for Council Adoption - January 2022 4.0 How to Check Zoning and Identify Applicable Regulations for a Property Zoning By-law users are a diverse audience. Some readers will want to examine how the Zoning By-law addresses a certain issue or regulates a certain use (e.g., how does the Zoning By-law regulate home occupations? In which zones are apartment buildings, short term rental accomodations, or bed and breakfasts permitted?). Other users are responsible for administering the By-law and must understand it in great detail. The Zoning By-law is required to implement the City's Official Plan, and the reader should also refer to the Official Plan to determine the existing land use designation and any relevant policies which may be applicable to a specific property or development proposal. Readers are encouraged to consult with the City, to assist in confirming and interpreting the Zoning By-law. Most readers, however, will use a Zoning By-law in order to determine what they are permitted to do on their property. Following is an outline of the steps one may typically take to determine what types of regulations apply to their property: 1. Locate the property on the applicable Schedule "A" Map and identify the zone symbol that applies to the property (e.g., R1(1)). In addition to the applicable zone symbol, the following property specific regulations may also apply, as denoted by a mapping overlay or a zone suffix: 1.1 Regulated Area: If the property is located in the Regulated Area of the Upper Thames River Conservation Authority, as shown as an overlay on Schedule "A", the reader will need to refer to Section 4.29 (Upper Thames River Conservation Authority Regulated Area), which identifies associated regulations and permit requirements from the Conservation Authority which may be required to permit development on the property. 1.2 Stratford Airport Federal Regulations: If the property is located within the Stratford Municipal Airport Zoning Area, as shown as an overlay on Schedule "A" the reader will need to refer to Section 2.5.6 (Stratford Airport Federal Regulations). The federal zoning regulations for the Stratford Municipal Airport regulate, within the defined area, the height of the buildings, structures, objects and natural growth; and communication PREAMBLE HOW TO READ THIS BY-LAW City of Stratford Page xvii Final for Council Adoption - January 2022 signals which may cause interference with an aircraft or the airport. The regulations apply to all lands within the defined area, including private property and municipal road allowances. 1.3 Zone Exception: If a zone exception number (i.e., "-1") follows the zone symbol, the zone symbol includes a zone exception (i.e., R1(1)-1), refer to the applicable zone exception provisions contained in Section 15.0. The zone exception will provide alternative permitted use or zone regulations than what would typically by required by the base zone. In most cases, the exception zone will only address one or more provisions, and at least some of the zone regulations in the base zone in Sections 6.0-12.0 and the general provisions in Section 4.0 and the parking and loading requirements of Section 5.0 will still apply. 1.4 Holding Symbol: If a holding symbol (i.e., "-H1") follows the zone symbol (i.e., R1(1)-H1), refer to Section 2.5.2 regarding the criteria for removal of the holding symbol, and what uses may be permitted prior to the removal of the holding symbol. The reader should consult with the City to confirm the permitted uses and the requirements for removing the holding symbol. 1.5 Bonus Provisions: If a bonus provision (i.e., "-B1") follows the zone symbol (i.e., R1(1)-B1), refer to Section 2.5.3 regarding the increases in the height and/or density that are permitted, beyond that which is typically permitted in this By-law, in exchange for the provision of certain facilities, services, or other matters which provide a community benefit. 1.6 Temporary Use Permission: If a temporary use permission (i.e., "- T1") follows the zone symbol (i.e., R1(1)-T1), refer to Section 2.5.4 regarding the use(s) for which the subject lands may be used for such temporary use(s) as set out in the By-law for a limited period of time, notwithstanding the permitted uses of this By-law. 1.7 Lots with Compound Zoning: If a property has compound zones, such as (i.e., I2/FR), refer to Section 2.3.3. In these instances, the provisions of this By-law with respect to each zone shall apply to the subject PREAMBLE HOW TO READ THIS BY-LAW Page xviii City of Stratford Final for Council Adoption - January 2022 lands, and any building, structure or use shall conform to the provisions of this By-law which are applicable to such building, structure or use. 2. Locate the road(s) on which the property is located on Schedule "B." Schedule "B" lists all of the Roads in the City and identifies its classification (i.e., collector, local or arterial) as well as the existing and planned width of each road. This information is referred to by certain provisons of the By-law (see Step 5). 3. Wellhead Protection Area: If the property is located within a wellhead protection area as shown on Schedule "C", the reader will need to refer to the general provisions in Section 4.28 (Source Protection (Wellhead Protection Areas)), which identifies certain uses and activities which may be prohibited within the wellhead protection area in order to protect the quality of groundwater resources. 4. Identify the permitted uses and general use regulations for the zone category: Every zone category includes a table of permitted uses and general use regulations in Section 6.0 through Section 14.0 of the By-law. For Residential Zones (R1, R2, R3, etc.) you will find the list of permitted uses in Section 6.2 (Permitted Uses) of the By-law, and the general use regulations in Section 6.4, which are further divided into zone variations (i.e., R1(1), R1(2), R1(3)). The permitted uses for each zone are organized in a table. The uses permitted on your property are represented by the symbol "✓" in the column applicable to that zone and corresponding with the row for a specific permitted use. For each zone, the general use regulations establish the lot and building requirements applicable to that zone or zone variation, including the required minimum lot area, minimum lot frontage, minimum and/or maximum yard setbacks, building heights, and other lot and building requirements, which the use of the lot must comply with. It is important to read the definitions associated with the terminology used in this By-law. All of the uses permitted in this By-law are associated with a definition. Many technical terms are also defined, such as lot frontage, lot coverage, and front yard setback, for example. Where a term is defined, you will see it appear in italics in this text for convenience. 5. Identify Other Provisions that May Apply: The types of uses and lot and building requirements are principally regulated by the zone requirements. PREAMBLE HOW TO READ THIS BY-LAW City of Stratford Page xix Final for Council Adoption - January 2022 However, Section 4.0 (General Provisions) contains provisions that apply to certain permitted uses. For example, there are provisions that are specifically applicable to swimming pools, bed and breakfast establishments, accessory buildings, home occupations, short term rental accommodations, and many other uses. Furthermore, Section 5.0 (Parking and Loading Requirements) contains provisions that apply to parking spaces, loading areas, drive aisle and parking lot requirements, and barrier free parking space and bicycle parking space requirements. 6. Consider the Administrative Provisions of the Zoning By-law: Section 1.0 (Interpretation & Administration) of the Zoning By-law contains some provisions that can help you understand how to read and use the By-law. A reader should be familiar with these provisions as they may be essential depending on your circumstance. 5.0 Confirming with the City It is always a good idea to consult with the City about your construction project, as City staff will help you determine whether your project will comply with the applicable provisions of the Zoning By-law. For significant developments, consultation with the other applicable agencies may also be required. Additionally, there may be approved minor variances which are applicable to the property which may provide relief from certain zone regulations, permitted uses or general provisions. The City of Stratford's Planning Staff can assist in identifying any approved minor variances. 6.0 Relationship to Other By-laws, Regulations, Legislation, etc. The Zoning By-law does not supersede or trump any other legislation, regulations or municipal by-laws. In fact, depending on your proposal or the use of your property, other laws may apply. It is the property owner's responsibility to understand what laws will apply to their land use or their construction project. The municipality administers other by-laws that are related to this Zoning By-law. For example the City administers a sign by-law to regulate signs. The City also administers by-laws that regulates and provides a process for licensing certain businesses, subject to conditions, such as bed and breakfast establishments and short term rental PREAMBLE HOW TO READ THIS BY-LAW Page xx City of Stratford Final for Council Adoption - January 2022 accommodations. These by-laws essentially 'build' on the Zoning By-law's requirements, and should be considered "in addition to" the Zoning By-law's requirements. The laws and regulations of the Province, the Federal Government and other agencies may also apply. Some uses may be subject to Provincial/Federal licensing or regulation. It is not the role of the Zoning By-law to integrate with the regulations or laws of other government. The City can help you identify what other laws and regulations might apply to your project. 7.0 Subsequent Zoning By-law Amendments The Zoning By-law may be consolidated from time to time to include subsequent amendments to the Zoning By-law. However, there may have been amendments to the Zoning By-law or removals or additions of holding symbols which are not consolidated in the current office consolidation of the Zoning By-law. In all cases, the reader should contact City planning staff to confirm the most current zoning of a property and applicable regulations. Additionally, the maps contained in Schedule "A" may not reflect the latest zoning, or any recent changes to the parcel fabric. 8.0 Minor Variances The Committee of Adjustment has the authority to approve minor variances to the Zoning By-law, which may provide minor relief from specific zoning provisions or minor changes to the permitted uses of one or more properties. Minor variances previously granted are not reflected in the Zoning By-law and are not indicated in the zone exceptions. The reader should contact the City to identify whether there are any approved minor variances applicable to a property. SECTION 1.0 INTERPRETATION & ADMINISTRATION City of Stratford Page 1-1 Final for Council Adoption - January 2022 SECTION 1 INTERPRETATION & ADMINISTRATION 1.1 Title This By-law shall be known as the "City of Stratford Zoning By-law". 1.2 Lands Affected The provisions of this By-law shall apply to all lands within the corporate limits of the City of Stratford. 1.3 Repeal of Former By-laws The following By-laws, and all amendments thereto are hereby repealed: a) City of Stratford By-law 201-2000 and all amendments thereto; b) Township of Perth East By-law 30-1999 and all amendments thereto, as it relates to lands within the corporate limits of the City of Stratford, are hereby repealed; and c) The Township of Perth South By-law 4-1999 and all amendments thereto, as it relates to lands within the corporate limits of the City of Stratford, with the exception of the 2020 annexation lands, are hereby repealed. 1.4 Conformity with this By-law No building or structure shall hereafter be erected or altered, no land shall be used, nor shall the use of any building, structure or lot hereafter be changed, in whole or in part, except in conformity with the provisions of this By-law. 1.5 Compliance with Other Legislation a) Nothing in this By-law shall serve to relieve any person from any obligation to comply with the requirements of any other By-law of the City of Stratford, Province of Ontario, or Government of Canada that may otherwise affect the use of land, buildings, and structures. b) Without limiting the generality of subsection (a) above, this includes the Building Code Act (Ontario Regulation 332-12), the Ontario Heritage Act, and SECTION 1.0 INTERPRETATION & ADMINISTRATION Page 1-2 City of Stratford Final for Council Adoption - January 2022 the permitting procedures of the Upper Thames River Conservation Authority (Ontario Regulation 157/06). 1.6 Penalties Every person who contravenes a provision of this By-law and, if the person is a corporation, every director or officer of the corporation who knowingly concurs in the contravention, is guilty of an offence and on conviction is liable to fines under the Planning Act. 1.7 Severability A decision of a court of competent jurisdiction that one or more of the provisions of this By-law or any portion of the Zoning Schedules to this By-law are invalid in whole or in part does not affect the validity, effectiveness, or enforceability of the other provisions or parts of the provisions of this By-law. 1.8 Clarification and Convenience a) Examples, side notes, and illustrations are for the purpose of explanation, clarification, and convenience, and do not form part of this By-law. b) Any numbers in circles following any item in any Table indicates that one or more additional regulations apply to the use, zone, or standard indicated. These additional regulations are listed below the applicable Table. c) Any geographic, biographic, referential, or identifying information and any list of amending by-laws contained in this By-law is provided for the purpose of clarification and convenience and does not form part of this By-law. d) The following character styles are provided for the purpose of convenience. Their usage or omission shall not be considered an interpretive statement by the City: i) Terms that are defined in Section 3.0 (Definitions) of this By-law have been italicized. ii) Titles of Federal or Provincial legislation have been italicized. SECTION 1.0 INTERPRETATION & ADMINISTRATION City of Stratford Page 1-3 Final for Council Adoption - January 2022 e) Any reference to Federal or Provincial Act or Regulation shall include any amendments or revisions made thereto or any subsequent Act or Regulation enacted in its place. f) Where a defined term listed in Section 3.0 (Definitions) of this By-law is reversed anywhere in this By-law, it is done for the ease and convenience of locating the term with other like terms (e.g., single detached dwelling, or dwelling, single detached). Such a reversal or lack thereof shall not be considered an interpretive statement by the City. g) Where another By-law number is cited in this By-law, that reference shall be interpreted to include reference to any and all applicable amendments to that By-law. h) Revisions may be made to this by-law without the need for a zoning by-law amendment in the following cases: i) correction of numbering, cross-referencing, grammar, punctuation or typographical errors or revisions to format in a manner that does not alter the meaning or intent of the provision; ii) adding or revising technical information on maps or schedules that does not affect the zoning of lands including, but not limited to, matters such as updating and correcting infrastructure information, keys, legends or title blocks; and iii) changes to appendices, footnotes, headings, indices, marginal notes, tables of contents, illustrations, historical or reference information, page numbering, footers and headers, which do not form a part of this by-law and are editorially inserted for convenience of reference only. 1.9 Measurements and Rounding Provisions Where the rounding of a calculation is required by the provisions of this By- law, all measurements of length or area used in this By-law shall be subject to the normal rules of rounding numbers, within the degree of precision specified by the number of digits following the decimal point (if any), so that: SECTION 1.0 INTERPRETATION & ADMINISTRATION Page 1-4 City of Stratford Final for Council Adoption - January 2022 a) For a whole number: i) Measurements of less than 0.5 shall be rounded downward to the next whole unit (e.g., 8.49 metres is rounded downward to 8 metres); and ii) measurements of 0.5 and greater shall be rounded upward to the next whole unit (e.g., 8.51 metres is rounded upward to 9 metres). b) For a number having one decimal place: i) measurements of less than 0.05 shall be rounded downward to the next one-tenth unit (e.g., 8.049 metres is rounded downward to 8.0 metres); and ii) measurements of 0.05 and greater shall be rounded upward to the next one-tenth unit (e.g., 8.051 metres is rounded upward to 8.1 metres). Ratios and percentage figures shall not be subject to the above rounding provisions. The calculation of required parking spaces, barrier free parking spaces, loading spaces and bicycle parking spaces shall be subject to the rounding provisions of Section 5.0 (Parking and Loading Requirements). 1.10 Transition Protocol Notwithstanding Section 1.3 (Repeal of Former By-laws) and 1.4 (Conformity with this By-law) of this By-law, a building permit may be issued for the following scenarios in accordance with Section 1.10 of the By-law. 1.10.1 Building Permit Applications Nothing in this By-law shall prevent the erection or use of any building or structure that does not conform with one or more of the provisions of this By-law if a building permit was issued prior to the effective date of passing of this By-law provided that the erection of such building or structure is commenced not more than 6 months after the date of SECTION 1.0 INTERPRETATION & ADMINISTRATION City of Stratford Page 1-5 Final for Council Adoption - January 2022 passing of this By-law and continues without unnecessary interruption, and prior to the expiration of any such building permit or termination of such site plan agreement. 1.10.2 Minor Variance and Consent Applications a) Where the Committee of Adjustment of the City, the Townships of Perth East or Perth South, the Ontario Municipal Board or Local Planning Appeal Tribunal has authorized a minor variance from the provisions of By-law 201- 2000, By-law 30-1999 and By-law 4-1999 in accordance with Section 45(1) of the Planning Act, in respect of any land, building or structure and the decision has come into effect on or prior to the effective date of passing of this By-law, the provisions of this By-law, as they apply to such land, building or structure, shall be deemed to be modified to the extent necessary to give effect to such minor variance. This provision shall apply only to minor variances that have been granted since November 9, 2000. b) The requirements of this By-law do not apply to a lot where a provisional consent has been given by the Committee of Adjustment of the City or the Ontario Municipal Board or Local Planning Appeal Tribunal or the applicable authority that grants consents on or before the effective date of this By-law and a building permit for the applicable project has not yet been issued, the lot has not yet been registered at the Land Registry Office, or the applicable easement or agreement has not yet been registered on title. 1.10.3 Site Plan Applications The requirements of this By-law do not apply to a lot where Site Plan Approval has been granted by the City or the Ontario Municipal Board or Local Planning Appeal Tribunal on or before the effective date of this By-law and a building permit for the applicable project has not yet been issued. 1.10.4 Previous Zoning to Apply a) For the purposes of determining zoning compliance for matters subject to Section 1.10 of this By-law, the applicable provisions of the City of Stratford Zoning By-law 201-2000, Township of Perth East Zoning By-law 30-1999, and Township of Perth South Zoning By-law 4-1999, as amended, as it read on the effective date of this By-law shall apply. SECTION 1.0 INTERPRETATION & ADMINISTRATION Page 1-6 City of Stratford Final for Council Adoption - January 2022 1.10.5 Cessation of Section 1.10 Relief a) The relief provided by Section 1.10 of this By-law shall not continue beyond the issuance of the permit, approval, or agreement upon which the exemption is founded, unless otherwise provided for in this By-law. Once the permit, agreement, or approval has been granted, the provisions of the former applicable Zoning By-law shall cease to be in effect. SECTION 2.0 ESTABLISHMENT OF ZONES City of Stratford Page 2-1 Final for Council Adoption - January 2022 SECTION 2 ESTABLISHMENT OF ZONES 2.1 Establishment of Zones For the purpose of this By-law, the following zones are established in Table 2.1 and all lands subject to this By-law are placed into one or more of the following zones: Table 2.1: Establishment of Zones Zone Category Zone Symbols RESIDENTIAL ZONES Residential First Density R1 Residential Second Density R2 Residential Third Density R3 Residential Fourth Density R4 Residential Fifth Density R5 Mixed Use Residential MUR COMMERCIAL ZONES Neighbourhood Commercial C1 Highway Commercial C2 Central Commercial C3 Shopping Centre Commercial C4 Corridor Commercial C5 GRAND TRUNK ANCHOR DISTRICT ZONE Grand Trunk Anchor District AD INDUSTRIAL ZONES Prime Industrial I1 General Industrial I2 Secondary Industrial I3 Factory District I4 INSTITUTIONAL ZONES Institutional Community IN1 Institutional Neighbourhood IN2 THEATRE DISTRICT ZONE Theatre District TH SECTION 2.0 ESTABLISHMENT OF ZONES Page 2-2 City of Stratford Final for Council Adoption - January 2022 Table 2.1: Establishment of Zones Zone Category Zone Symbols PARKS AND OPEN SPACE ZONES Parks P Open Space OS AGRICULTURAL ZONE Agricultural A URBAN RESERVE ZONE Urban Reserve UR 2.2 Zone Symbols Zones and zone boundaries are shown on Schedule "A" of this By-law. The lands identified on the schedules as being within a zone are subject to the provisions of this By-law applicable to that zone or zones. 2.3 Interpretation of Zone Boundaries 2.3.1 Determination of Boundary Where the boundary of any zone is shown on the Schedules: a) As following the centre-line or limit of a street, lane, railway, right-of-way, transmission line, unopened road allowance, or watercourse, the boundary shall be the centre-line of the applicable feature; b) As following the front lot line on a future lot in a draft approved Plan of Subdivision or Condominium, the boundary shall be the centre-line of the future street being constructed; c) As following any other lot line on an existing lot or on a future lot in a draft approved Plan of Subdivision or Condominium, the boundary shall be the existing or future lot line; d) As running substantially parallel to a lot line abutting any street and the distance from that street is not indicated, the boundary shall be parallel to SECTION 2.0 ESTABLISHMENT OF ZONES City of Stratford Page 2-3 Final for Council Adoption - January 2022 the applicable lot line and the distance shall be determined according to the scale shown on the Schedules; e) As following the limits of the City, the boundary shall be the corporate limits of the City; and, f) Where none of the above provisions apply, the zone boundary shall be scaled from the Schedules. 2.3.2 Lots with More Than One Zone a) Where a lot is divided into two or more zones, each such portion of the said lot shall be considered a separate lot as defined herein and shall be used in accordance with the provisions of this By-law which are applicable to the zone wherein such portion of the said lot is located. b) Notwithstanding anything in paragraph a) to the contrary, where the use or uses of a lot divided into two or more zones are permitted in all such zones, the said lot shall be considered to be a single lot as defined herein and the highest or most restrictive zone requirements pertaining to such use or uses applicable to the zones shall apply throughout the said lot. 2.3.3 Lots with Compound Zoning Where a lot has a compound zone, it is indicated by a zone symbol followed by a forward slash ("/"), and a second zone symbol, such as I2/UR (General Industrial / Urban Reserve), then the provisions of this By-law with respect to each such zone shall apply to the said lot, and any building, structure or use shall conform to the provisions of this By-law which are applicable to such building, structure or use. The Mixed Use Residential (MUR) Zone shall be compounded with an R2 or R3 zone. 2.4 Interpretation of Use Where a use is defined or permitted in a zone, the interpretation of that use shall not include any other use specifically referred to or otherwise defined in this By-law. 2.5 Special Zone Regulations Where the zone symbol zoning certain lands on the Schedules is preceded or followed by any combination of parentheses, a hyphen, number, or letter, provisions relating to one SECTION 2.0 ESTABLISHMENT OF ZONES Page 2-4 City of Stratford Final for Council Adoption - January 2022 or more of the following special zone regulations apply to the lands so designated on the Zoning Maps. Lands so identified shall be subject to all of the provisions and restrictions of the applicable parent zone, except as otherwise provided by the special zone. 2.5.1 Zone Exceptions (Defined Areas) Where a zone symbol is followed by a hyphen and number, the symbol refers to a zone exception that applies to the identified lands, which is included in Section 15.0 (Zone Exceptions). 2.5.2 Holding Provisions Where a zone symbol applying to any lot or area on Schedule "A" is followed by the holding symbol "-H" and a number, such as R1(1)-H1, no building, structure or use shall be erected or altered, save and except for existing buildings or structures permitted in the applicable zone, until such time as the (H) symbol has been removed in accordance with the provisions of the Planning Act. Application of the holding symbol (H) indicates that development of the lands is premature at the present time, and indicates the use to which lands, buildings or structures may be used at such time in the future as the holding symbol is removed by amendment to this By-law. Section 9.2.4 of the Official Plan outlines the criteria to be satisfied in order to remove the holding symbol (H); however, more specific criteria or holding provisions may be included in the Zoning By-law, provided that such criteria is in conformity with the City of Stratford Official Plan. Table 2.5.2 establishes the holding provisions, including the extent of permitted uses while the holding symbol (H) is in place, and the conditions that must be satisfied for the removal of the holding symbol (H). Additional holding symbol criteria may be established through site specific zone exceptions as outlined in the applicable zone exceptions to this By-law. SECTION 2.0 ESTABLISHMENT OF ZONES City of Stratford Page 2-5 Final for Council Adoption - January 2022 Table 2.5.2: Holding Provisions Holding Symbol Permitted Uses Until the Holding Symbol is Removed Conditions for Removal of the Holding Symbol H1 Existing, legally established uses in existence on the date of passing of this By-law. That the City of Stratford has confirmed that sufficient water, sanitary sewer and storm sewer facilities are available, to the satisfaction of the City. H2 Existing, legally established uses in existence on the date of passing of this By-law. That site plan approval has been granted by the City of Stratford and a site plan agreement has been entered into, pursuant to the provisions of the Planning Act. H3 Existing, legally established uses in existence on the date of passing of this By-law. That draft plan of subdivision approval has been granted by the City and a subdivision agreement has been entered into, pursuant to the provisions of the Planning Act. H4 Existing, legally established uses in existence on the date of passing of this By-law. That the City of Stratford is satisfied in consultation with the Upper Thames River Conservation Authority that an appropriate analysis of the environmental feature(s) has been completed and the area of development has been approved. H5 - hotel apartment building (maximum of 240 hotel rooms/apartment building) - auditorium - eat-in restaurant - professional office - clinic - apartment building - hotel (maximum of 120 rooms) - theatre That the City of Stratford has confirmed that sufficient water, sanitary sewer and storm sewer facilities are available, to the satisfaction of the City. SECTION 2.0 ESTABLISHMENT OF ZONES Page 2-6 City of Stratford Final for Council Adoption - January 2022 Table 2.5.2: Holding Provisions Holding Symbol Permitted Uses Until the Holding Symbol is Removed Conditions for Removal of the Holding Symbol - business office - private club - retail store (maximum gross floor area all retail stores combined 1,000m2) in accordance with subsection (d) of zone exception C2-7 - tavern - spa in accordance with subsection (d) of zone exception C2-7 - fitness club in accordance with subsection (d) of zone exception C2-7 - personal care establishment in accordance with subsection (d) of zone exception C2-7 - personal service establishment in accordance with subsection (d) of zone exception C2-7 - clinic in accordance with subsection (d) of zone exception C2-7. SECTION 2.0 ESTABLISHMENT OF ZONES City of Stratford Page 2-7 Final for Council Adoption - January 2022 Table 2.5.2: Holding Provisions Holding Symbol Permitted Uses Until the Holding Symbol is Removed Conditions for Removal of the Holding Symbol H6 - Until such a time as the Holding provision is removed only existing uses and a maximum of 9,718 m2 of new commercial uses shall be permitted on the lands to which the Highway Commercial-Special Holding (C4-2) zone applies. The new commercial uses that are permitted in this zone include a maximum of 7,581 m2 gross floor area of supermarket and non- supermarket retail uses, with the supermarket to occupy a maximum gross floor area of 4,630 m2 and the remainder to consist of other permitted commercial uses including non-supermarket retail uses, personal service, office and restaurant uses. Upon application to Council, the (H) provision may be removed to permit additional non- supermarket retail uses and other permitted Until such time as a market study is submitted to the satisfaction of the City that such additional uses and gross floor area can be accommodated without impacts on the role, planned function and economic viability of existing and planned commercial areas in the City. SECTION 2.0 ESTABLISHMENT OF ZONES Page 2-8 City of Stratford Final for Council Adoption - January 2022 Table 2.5.2: Holding Provisions Holding Symbol Permitted Uses Until the Holding Symbol is Removed Conditions for Removal of the Holding Symbol commercial uses, to the maximum permitted by c)(i) of zone exception (C4-2). H7 Existing, legally established uses in existence on the date of passing of this By-law. Until such time as a Traffic Impact Study has been approved to the satisfaction of the City. H8 Existing, legally established uses in existence on the date of passing of this By-law. Until such time as an Urban and Sustainable Design Study, or Urban Design Brief has been approved to the satisfaction of the City. H9 Existing, legally established uses in existence on the date of passing of this By-law. Until such time as a Heritage Impact Assessment has been approved to the satisfaction of the City. H10 Existing, legally established uses in existence on the date of passing of this By-law. Until such time as an Archaeological Assessment has been approved to the satisfaction of the City. H11 Existing, legally established uses in existence on the date of passing of this By-law. Until such time as a Tree Analysis or Tree Preservation Plan has been approved to the satisfaction of the City. H12 Existing, legally established uses in existence on the date of passing of this By-law. Until such time as a Noise and/or Light Impact Study has been approved to the satisfaction of the City. H13 Existing, legally established uses in existence on the date of passing of this By-law. Until such time as a Market Impact Study, Financial Impact Study, or Capital Impact Assessment has been approved to the satisfaction of the City. SECTION 2.0 ESTABLISHMENT OF ZONES City of Stratford Page 2-9 Final for Council Adoption - January 2022 Table 2.5.2: Holding Provisions Holding Symbol Permitted Uses Until the Holding Symbol is Removed Conditions for Removal of the Holding Symbol H14 Until such time as the (H14) is removed, a brewery on the lands zoned C4-3 is permitted to have a maximum floor area of 465 m2. The (H14) shall not be removed until a noise and odour study has been submitted and approved for a brewery with a floor area of over 465 m2 to the satisfaction of the City. H15 Until such time as the (H15) is removed, the separation distance between a brewery (with a maximum floor area of 465 m2), self-storage establishment, scientific or medical laboratory and warehouse is to have a minimum separation distance of 70m between a dwelling unit, retirement home, place of worship, day care centre or private school (measured in a straight line from the nearest part of the building or structure containing the uses) on any lands zoned C4-3 or C4-4. The (H15) shall not be removed until a noise and odour study is submitted and approved for a brewery with a floor area of less than 465 m2 or a noise study is submitted and approved for a scientific or medical laboratory, self- storage establishment, or warehouse to the satisfaction of the City. H16 Until such time as the (H16) is removed, a maximum of 707 dwelling units are permitted on the lands zoned R4(2)-16 and R4(2)-17. The (H16) shall not be removed until servicing has been addressed to the satisfaction of the City of Stratford Engineering Division. H17 Until such time as the (H17) is removed, no buildings or structures are permitted on lands zoned R4(2)-16. The (H17) shall not be removed until the works have been completed and accepted to the floodplain to the satisfaction of the City of Stratford Engineering Division. SECTION 2.0 ESTABLISHMENT OF ZONES Page 2-10 City of Stratford Final for Council Adoption - January 2022 Table 2.5.2: Holding Provisions Holding Symbol Permitted Uses Until the Holding Symbol is Removed Conditions for Removal of the Holding Symbol H18 Until such time as the (H18) is removed in accordance with the provisions of the Planning Act a restaurant drive through shall not be permitted on the property. The (H18) shall not be removed until a Traffic Impact Study has been completed to the satisfaction of the City. H19 Until such time as the (H19) is removed, no building structure or use shall be erected or altered save and except for existing buildings or structures permitted in the applicable zone, until such time as the (H) symbol has been removed in accordance with the provisions of the Planning Act. The (H19) shall not be removed until the remediation works have been completed for the McNamara Drain to the satisfaction of the Upper Thames River Conservation Authority and the City. H20 Until such time as the (H20) is removed, only the following uses are permitted: legally established uses in existence on the July 27, 2020. The (H20) shall not be removed for the subject lands until consent application B06-17 is in full effect and that the heritage designation process as set out under Part IV of the Ontario Heritage Act be completed, with no further appeals. H21 Until such time as the (H21) is removed, permitted uses shall be limited to existing, legally established uses in existence on the date of passing of this By-law. The (H21) shall not be removed for the subject lands until all work under building permit 2017-104771 has been completed and inspected to the satisfaction of the Chief Building Official and the building permit file is closed. H22 Until such time as the (H22) is removed, permitted uses shall be limited to existing, legally established uses in The Holding Provision (H22) shall not be removed from the subject lands until the remediation works have been completed for the McNamara Drain to the satisfaction of the Upper Thames SECTION 2.0 ESTABLISHMENT OF ZONES City of Stratford Page 2-11 Final for Council Adoption - January 2022 Table 2.5.2: Holding Provisions Holding Symbol Permitted Uses Until the Holding Symbol is Removed Conditions for Removal of the Holding Symbol existence on the date of passing of this By-law. River Conservation Authority and the City. 2.5.3 Bonus Provisions The following sections outline the general provisions that provide direction for the determination of the permitted increases in height and/or density, beyond that permitted in this By-law, in exchange for certain facilities, services, or other matters which provide a community benefit. The City may consider bonus provisions for other matters not expressly defined in this By-law, and in accordance with the Official Plan. An amendment to this By-law shall be required to establish the development standards that would apply when bonusing is granted in exchange for the provision of certain facilities, services, or other matters which provide a community benefit. Notwithstanding the provisions of this section, the bonus provisions applicable to a lot may be revised through the site-specific zoning by-law amendment in view of the proposed application and development circumstances. 2.5.3.1 Heritage Building Designation For buildings and/or structures designated as historically significant by the City of Stratford, under Part IV or V of the Ontario Heritage Act, in consideration for their heritage designation, the following regulations shall apply: a) Where Non-Residential Uses are Proposed: i) a 30% increase in the gross floor area of the existing building and/or a 30% decrease in the required minimum parking for a permitted use on the lot. Where a maximum gross floor area is not specified in this By-law it shall be calculated based on the maximum permitted building envelope; or; b) Where Residential Uses are Proposed: i) for every 15 m2 of existing gross building floor area of a designated heritage building, 1 additional dwelling unit shall be permitted for a permitted use on the lot to a maximum increase of 30% of the SECTION 2.0 ESTABLISHMENT OF ZONES Page 2-12 City of Stratford Final for Council Adoption - January 2022 permitted maximum density (upnh) or dwelling units permitted in the zone. Where a maximum density (upnh) or number of dwelling units is not specified in this By-law it shall be calculated based on the maximum permitted building envelope. Where an increase in the gross floor area and/or dwelling units is permitted, the development shall be in accordance with all other regulations of the applicable zone. Where the proposed building is a combination of residential and non-residential permitted uses, the additional height and/or density permitted shall not exceed a combined total percentage of a 30% increase in the maximum number of dwelling units and non- residential gross floor area for the lot, and a maximum increase of one additional storey may be permitted. 2.5.3.2 Public Open Space For every 100.0 m2 of public open space which is dedicated to the City (in excess of the required parkland dedication), the maximum permitted density (upnh) or total number of units of the residential development may be increased by one unit per each 100.0 m2 of public open space, up to 30% of the maximum permitted density (upnh) or total number of units that would otherwise be permitted by this By-law. 2.5.3.3 Day Care Facilities Where day care facilities are provided within commercial or mixed-use buildings of larger than 1,800.0 m2, the floor area devoted to the day care facilities shall not be included in the maximum gross or gross leasable floor area permitted. 2.5.3.4 Underground or In-Building Structured Parking Where underground or in-building structured parking is provided to accommodate all the required parking on a lot, with the exception of visitor parking, within a residential, commercial or mixed-use building, and complies with the requirements of Section 5.3.9 (Structured and Underground Parking) of this By-law, notwithstanding any density or height provisions of this By-law to the contrary, the permitted building height may be increased by 1 storey. SECTION 2.0 ESTABLISHMENT OF ZONES City of Stratford Page 2-13 Final for Council Adoption - January 2022 2.5.3.5 Affordable Housing Where affordable housing in the form of ownership housing or rental housing is provided in a residential or mixed-use building, for every 2 affordable dwelling units, 1 additional dwelling unit may be permitted on the lot to a maximum increase of 20% of the permitted maximum density (upnh) or maximum dwelling units permitted in the zone. Where a maximum density (upnh) or number of dwelling units is not specified it shall be calculated based on the permitted building envelope. The affordable housing shall be maintained on the lot for a period of no less than 15 years through an agreement with the City. Where a zone symbol applying to any lot or area on Schedule "A" is followed by the bonus provision symbol "-B" and a number, such as R1(1)-B1, an increase in the height and/or density, beyond that permitted in this By-law, is permitted in exchange for certain facilities, services, or other matters which provide a community benefit, in accordance with Table 2.5.3. Table 2.5.3: Bonus Provisions Bonus Provision Symbol Property Description and Base Zone Bonus Provision Regulations B1 Lands bounded by St. Patrick Street, Downie Street, the railway right-of- way and Cooper Street - Grand Trunk Anchor District Zone Despite the maximum height specified in Section 8.4, a height limit of 45m is permitted if a combination of the following community benefits are provided to the satisfaction of the City: - Child care centre - Bicycle sharing infrastructure/program - Significant public realm improvements - Public art contributions - Heritage conservation - Pedestrian improvements - Public art contributions - Heritage restoration - Zero-carbon buildings (as-built) - Reduced carbon emissions - Affordable housing - Accessibility design beyond minimum legislative standards - Smart technology implementation SECTION 2.0 ESTABLISHMENT OF ZONES Page 2-14 City of Stratford Final for Council Adoption - January 2022 2.5.4 Temporary Use Permission Where a zone symbol applying to any lot or area on Schedule "A" is followed by the temporary use permission symbol "-T" and a number, such as R1(1)-T1, the symbol refers to a temporary use permission that applies to the lands so zoned. The provisions of this By-law are modified for the lands to which the temporary use permission applies as set out in this Section of this By-law and Table 2.5.4, until the permission granted by the applicable Temporary Use By-law expires, in accordance with Section 39 of the Planning Act. Table 2.5.4: Temporary Use Permissions Temporary Use Symbol Property Description and Base Zone Temporary Use Zone Provisions and Expiry Date None 2.5.5 Upper Thames River Conservation Authority Regulated Area Where lands are located within the Upper Thames River Conservation Authority Regulated Area as illustrated as an overlay on Schedule "A" they are susceptible to flooding or erosion hazards, as mapped by the Conservation Authority, and are subject to the general provisions of Section 4.29 (Upper Thames River Conservation Authority Regulated Area) of this By-law and the requirements of the Conservation Authority with respect to the erection of buildings and structures and/or the placement or removal of fill. 2.5.6 Stratford Municipal Airport and Adjacent Area Within the area identified in Schedule "A" as being subject to Federal Zoning Regulations for Stratford Municipal Airport, all developments and land uses shall comply with Stratford Municipal Airport Zoning Regulations as amended, pursuant to the Canada Aeronautics Act and shall comply with all provisions of the underlying zone and shall comply with all other applicable provisions of this By-law. The owner/applicant of the lot upon which facilities, services, or matters are to be provided or contributed in return for a bonus provision shall enter into an agreement with the City pursuant to Section 37 of the Planning Act, to be registered on title. SECTION 3.0 DEFINITIONS City of Stratford Page 3-1 Final for Council Adoption - January 2022 SECTION 3 DEFINITIONS ABUT or ABUTTING, when used in reference to a lot, means a lot which shares a boundary with another lot, a street allowance or a lane and when used in reference to a zone means a zone which shares a boundary with a lot line. ACCESSORY, when used in reference to a use, building or structure, means a use, building or structure that is clearly incidental, secondary or subordinate to, and exclusively devoted to, a main use, building or structure, and located on the same lot therewith. ACCESSORY GUEST ROOM means a habitable room intended for sleeping accommodation, with or without meals, that is clearly incidental, secondary and subordinate to the dwelling unit within which it is situated. ADULT ENTERTAINMENT ESTABLISHMENT means any premises or part thereof in which, in pursuance of a business, a live performance or act appealing, or designed to appeal, to erotic or sexual appetites or inclinations is provided. AFFORDABLE means: a) in the case of ownership housing, the least expensive of: i) housing for which the purchase price results in annual accommodation costs which do not exceed 30 per cent of gross annual household income for low and moderate-income households; or ii) housing for which the purchase price is at least 10 per cent below the average purchase price of a resale unit in the regional market area; b) in the case of rental housing, the least expensive of: i) a unit for which the rent does not exceed 30 per cent of gross annual household income for low and moderate-income households; or ii) a unit for which the rent is at or below the average rent of a unit in the regional market area. SECTION 3.0 DEFINITIONS Page 3-2 City of Stratford Final for Council Adoption - January 2022 AGRICULTURAL EQUIPMENT SALES OR RENTAL ESTABLISHMENT means an establishment having as its main use the sale, rental or leasing of farm equipment, including tractors. AGRICULTURE USE means the growing of crops such as nursery and horticultural crops; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures and may include a farm dwelling. AGRICULTURE-RELATED USE means those farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. ALTER, when used in reference to: a) a building or structure, means: i) to change any one or more of the external dimensions of such building or structure, or, ii) to make any change in the supporting members or to the type of construction of the exterior walls or roof thereof; b) a lot, means: i) to change the lot area, lot frontage or lot depth thereof, ii) to change the width, depth or area of any required yard, landscaped open space or parking area, or iii) to change the location of any boundary of such lot with respect to a street or lane, whether such alteration is made by conveyance or other means of any portion of such lot or otherwise; or c) a use, means; i) to discontinue and replace with a use defined herein as being distinct SECTION 3.0 DEFINITIONS City of Stratford Page 3-3 Final for Council Adoption - January 2022 from the discontinued use. AMUSEMENT ARCADE means a building where any number of coin-operated amusement devices (meaning a machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill but does not include vending machines, musical devices, billiard tables or pool tables) are available for use by the public, whether or not the use of any such coin-operated amusement device is temporarily prohibited or made unavailable for a limited period of time, but does not include any establishment, or place where the primary activity or form of amusement is not the operation of coin-operated amusement devices such as hotels, roller rinks, auditoriums or bowling lanes. ANIMAL SHELTER means premises, including outdoor areas, used for the care of lost, abandoned, rescued or neglected animals, but does not include any establishment engaged primarily in the retail sale of animals or in breeding animals, or a veterinary clinic. ART GALLERY means premises used for the exhibition, collection or preservation of works of art for public viewing. ATTIC means the area of a building between the roof and the ceiling of any storey or between a dwarf wall and a sloping roof. AUCTION SALES ESTABLISHMENT means an establishment where articles are collected, stored and sold by public auction. AUDITORIUM means a building or structure where facilities are provided for athletic, civic, educational, recreational, religious or social events including, without limiting the generality thereof, an arena, a community centre, a recreation centre, an assembly hall, a gymnasium or a stadium. BALCONY means a platform other than a porch or deck projecting from and supported by the wall of a building above ground level, and accessible from inside such building by means of a door. SECTION 3.0 DEFINITIONS Page 3-4 City of Stratford Final for Council Adoption - January 2022 BARRIER FREE PARKING SPACE means a parking space designated and signed for the exclusive use of motor vehicles on which the applicable motor vehicle permit is properly displayed. BASEMENT means any portion of a building situated below the first storey. BED AND BREAKFAST ESTABLISHMENT means a dwelling unit that includes the living accommodations of the principal resident of the establishment, and containing at least 1 bedroom for their exclusive use and containing at least one (1) accessory guest room for the purposes of supplying temporary overnight living accommodation for the traveling or vacationing public throughout any part of a calendar year. Bed and breakfast establishments shall not include a restaurant, hotel, inn, short term rental accommodation, boarding house dwelling, nursing home, or any home licensed, approved or supervised under any general or special Act. The principal use of the dwelling shall be for residential purposes and the bed and breakfast establishment shall be an ancillary use to the main residential use. Guest rooms shall not be suites, and shall not include separate dining areas or facilities for the preparation of food. BERM means a mound of earth. BICYCLE PARKING SPACE means a designated area for the exclusive parking of bicycles equipped with a rack/stand designed to lock the wheel and/or frame of a bicycle. BREW-PUB means a small-scale brewery producing beer for sale on the premises or for distribution beyond the premises, with the floor area devoted to the production of beer not to exceed 35% of the total floor area of the brew-pub, and includes an accessory drinking establishment or restaurant and accessory retail sales. SECTION 3.0 DEFINITIONS City of Stratford Page 3-5 Final for Council Adoption - January 2022 BREW YOUR OWN ESTABLISHMENT means a service use where members of the public can make their own beer, wine or other beverages, for consumption off the premises, and where the owner or operator may retail related equipment or ingredients. BREWERY means a building used for the production of alcoholic beverages including beer, wine, and cider but does not include a distillery as defined herein. BUILDING means any structure, or part thereof, consisting of walls and a roof which is used or intended to be used for the shelter, accommodation or enclosure of persons, animals or chattels, and includes any structure defined as a building in the Building Code Act, or in the Corporation's Building By-law, but does not include any vehicle as defined herein other than a vehicle which has been permanently placed on land and is not intended for use as a vehicle. BUILDING LINE, ESTABLISHED means the setback of an existing main building on a lot, measured between the street line of the said lot and the nearest part of such building, excluding any decks, porches, verandahs, sun rooms, balconies, exterior steps or architectural adornments. BUILDING PERMIT means a permit required under the Corporation's Building By-law. BUILDING MATERIALS YARD means an establishment, the primary use of which is the wholesaling of lumber and other building construction materials and supplies, but does not a large format retail store. SECTION 3.0 DEFINITIONS Page 3-6 City of Stratford Final for Council Adoption - January 2022 BUS TRANSPORTATION TERMINAL means a premises or area of land used for storing, parking or dispatching of buses, including servicing or repair within an enclosed building. BUSINESS OFFICE means a building in which persons are engaged in the management, direction or conduct of the affairs of a public or private agency, business, or labour or fraternal organization, but does not include a professional office or a clinic. CANNABIS has the same meaning as in subsection 2(1) of the Cannabis Act (Canada), as may be amended and/or replaced from time to time. CANNABIS PRODUCTION FACILITY means any building or structure licensed and/or authorized to possess, sell, provide, ship, deliver, transport, destroy, produce, export and/or import cannabis, including related research under, the Cannabis Act (S.C. 2018, c. 16) and Cannabis Control Act, 2017 (S.O. 2017, c.26, Sched. 1). CARPORT means a building or structure that is open at each end and at least on one side, having a roof supported by columns or piers, intended to shelter a motor vehicle. CAR WASH means a building or structure containing facilities used or intended to be used primarily for washing, cleaning or drying of motor vehicles, which includes a self-service, automatic or coin-operated car wash. CEMETERY means land that is used or intended to be used as a place for the interment of the dead or deceased or in which human bodies have been buried, and includes an animal or pet cemetery. CENTRAL BUSINESS DISTRICT or CBD means the area designated Central Business District on Schedule "A". CLINIC means a building designed and used for the diagnosis, examination, and treatment of human patients by a Provincially-recognized medical professional, including pharmacies and dispensaries, waiting rooms, treatment rooms, blood testing clinics, but shall not include overnight accommodation for in-patient care. SECTION 3.0 DEFINITIONS City of Stratford Page 3-7 Final for Council Adoption - January 2022 CLINIC, METHADONE means a clinic used for the dispensing of methadone and associated treatment of addiction patients and is licensed in accordance with Provincial legislation. CLUSTER means a grouping of buildings on a lot in close proximity to each other. COMMERCIAL GREENHOUSE means a building for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse, but are sold directly from such lot at wholesale or retail. CONDOMINIUM means a building or grouping of buildings in which units are held in private ownership and floor space, facilities and outdoor areas used in common are owned, administered and maintained by a corporation created pursuant to the provisions of the appropriate statute. CONDOMINIUM, COMMON ELEMENT means spaces and features owned in common by all shareholders in a condominium and may include common element roadways, walkways, sidewalks, parking and amenity areas. CONDOMINIUM, COMMON ELEMENT ROADWAY means a right-of-way for vehicular and pedestrian access that is privately maintained by a corporation created pursuant to the provisions of the appropriate statute. CONSERVATION USE means a use dedicated towards the preservation, protection and/or improvement of components of the natural environment through management and maintenance. CONSERVATION AUTHORITY or UPPER THAMES RIVER CONSERVATION AUTHORITY (UTRCA) means a conservation authority established under the Conservation Authorities Act having jurisdiction in the City of Stratford. CONTRACTOR'S YARD OR SHOP means the use of land, buildings or structures for the purpose of storing equipment, vehicles, or material, or for performing shop works or SECTION 3.0 DEFINITIONS Page 3-8 City of Stratford Final for Council Adoption - January 2022 assembly work by any building trade or other construction contractor. CONVENIENCE STORE means a retail store wherein a variety of items of a convenience or day-to-day nature including, but without limiting the generality of the foregoing, food, beverages, tobacco products, drugs or periodicals are kept for sale, and may include the incidental rental of videos or other similar items up to a maximum size of 300m2. CORPORATION means The Corporation of the City of Stratford. COUNCIL means the Council of The Corporation of the City of Stratford. COUNTY means The Corporation of the County of Perth. CREMATORIUM means a premises used for the cremation of human or animal remains. CULTURAL INSTITUTION means the use of a premises for the promotion and enjoyment of music, art, theatre and literature. DATA CENTRE means a building in which persons are engaged in the management or record keeping of the affairs of a corporation such as a data processing or computer centre or a records management centre, and where no services for business transactions are provided to the general public. DAY CARE CENTRE means a building used for the day-time care of children licensed by the Province under the Child Care and Early Years Act, and includes a licensed child care or licensed day care centre. DECK means a structure other than a porch or balcony accessory to a building, consisting of a platform raised above and supported from ground level. DENSITY means the number of dwelling units on a lot expressed as units per net hectare. DISTILLERY means a building used for the distilling of alcoholic beverages or beverage products with high alcoholic content, where the use may involve the milling of grain, rice SECTION 3.0 DEFINITIONS City of Stratford Page 3-9 Final for Council Adoption - January 2022 or malt but does not include a brewery. DRIVE THROUGH means the use of buildings and structures for the provision of prepared food and beverages where the food or drink is served to customers who are inside their vehicles, or the provision of self-serve facilities which are accessed by customers who are inside their vehicles, such as an Automated Teller Machine as part of a financial institution, a drive-through pharmacy, automatic car wash, or similar use. DRIVEWAY means a vehicle access provided between a street or lane and a parking area or a loading or unloading space or between two parking areas but does not include a parking aisle. DRY CLEANING DROP OFF ESTABLISHMENT means a building or part of a building used for the purpose of receiving articles of clothing, goods or fabric to be dry cleaned, dyed or laundered elsewhere and for the pressing and distribution of any such articles of clothing, goods or fabric. DRY CLEANING ESTABLISHMENT means a building where dry cleaning, laundering, cleaning or pressing of articles or goods of fabric is undertaken. DWELLING or DWELLING UNIT means a building containing 1 or more self-contained suites of habitable rooms in a building, occupied by a person, for no less than 30 days in a calendar year, as its principal residence as independent and separate living quarters in which kitchen and sanitary facilities are provided and which is independently accessible from outside the building or from a common hallway or stairway inside the building. A dwelling unit shall contain no more than five bedrooms. APARTMENT BUILDING means a building containing 5 or more dwelling units, owned or rented as a principal residence, each unit of which is independently accessible from a corridor system connecting with a common entrance from outside the building or from an independent entrance from outside the building, and where the occupants of such units have the common right to use halls, stairs, elevators and yards. SECTION 3.0 DEFINITIONS Page 3-10 City of Stratford Final for Council Adoption - January 2022 BOARDING HOUSE DWELLING means a single detached dwelling occupied by the owner or principal tenant thereof as their principal residence and contains two or more guest rooms rented or intended to be rented for a weekly or longer period, and includes a rooming house. CONVERTED DWELLING means a purpose-built single detached dwelling that has been altered or otherwise converted to contain more than 1 dwelling unit, which may be divided horizontally or vertically. DUPLEX DWELLING means a building other than a converted dwelling or semi- detached dwelling which is divided horizontally into 2 dwelling units, each of which has an independent entrance either directly from a yard or from a common vestibule. QUADRUPLEX DWELLING means a building other than a converted dwelling or a townhouse dwelling containing 4 dwelling units, each of which has an independent SECTION 3.0 DEFINITIONS City of Stratford Page 3-11 Final for Council Adoption - January 2022 entrance either directly from a yard or from a common vestibule. LINKED DWELLING means a building containing 2 dwelling units which are attached together in whole or in part solely below finished grade, each of which has a private independent entrance directly from a yard, the said pair of dwelling units being freestanding, separate and detached from other main buildings or main structures. SEMI-DETACHED DWELLING means a building containing 2 dwelling units which are attached together in whole or in part above finished grade and divided vertically from each other by a common wall, each of which has a private independent entrance directly from a yard, the said pair of dwelling units being freestanding, separate and detached from other main buildings or main structures. SECTION 3.0 DEFINITIONS Page 3-12 City of Stratford Final for Council Adoption - January 2022 SINGLE DETACHED DWELLING means a dwelling containing not more than 1 dwelling unit. TOWNHOUSE DWELLING: TOWNHOUSE DWELLING, BACK-TO-BACK means a building containing four or more dwelling units divided by vertical common walls above grade, including a SECTION 3.0 DEFINITIONS City of Stratford Page 3-13 Final for Council Adoption - January 2022 common rear wall, with each dwelling unit having a private independent entrance from a yard. TOWNHOUSE DWELLING, CLUSTER means a building containing a row of 3 or more dwelling units which are attached vertically, in whole or in part, above grade and divided vertically from each other by a common wall, with each dwelling unit having a private independent entrance from a yard. A cluster townhouse dwelling includes a stacked townhouse dwelling and a back-to-back townhouse dwelling. TOWNHOUSE DWELLING, STACKED means a building containing 3 or more dwelling units, with each dwelling unit separated from the other both horizontally SECTION 3.0 DEFINITIONS Page 3-14 City of Stratford Final for Council Adoption - January 2022 and vertically that may have a private independent entrance from a yard or a shared entrance from a common corridor, vestibule, or landing. TOWNHOUSE DWELLING, STREET means a building containing a row of 3 or more dwelling units which are attached vertically, in whole or in part, above grade and divided vertically from each other by a common wall, with each dwelling unit situated on a lot with each said lot containing thereon a parking area, said parking area having direct access from a street over the said lot, and having a private independent entrance from a yard. SECTION 3.0 DEFINITIONS City of Stratford Page 3-15 Final for Council Adoption - January 2022 TRIPLEX DWELLING means a building, other than a converted dwelling or a townhouse dwelling, which is divided into 3 dwelling units, each with independent entrances directly from a yard or from a common vestibule. DWELLING UNIT AREA means the aggregate of the floor areas of all habitable rooms, bathrooms, kitchen areas, lobbies and hallways within a dwelling unit, and the thickness of any exterior walls. EQUIPMENT RENTAL ESTABLISHMENT means an establishment for the rental of equipment used or intended for use for purposes other than general household maintenance and repairs, and where outdoor storage may be required, and includes, without limiting the generality of the foregoing, farm equipment, construction equipment, but excludes a merchandise rental shop. EQUIPMENT SERVICE ESTABLISHMENT means an establishment wherein equipment and machinery are repaired or serviced and includes, without limiting the generality thereof, appliances, industrial toolage, or commercial, farm, industrial or construction machinery and equipment, but excludes, a merchandise service shop. ELEVATION or BUILDING ELEVATION means the height of a building or structure, above the finished grade. ERECT means to build, place, construct, reconstruct, locate, relocate or alter by means of an addition, enlargement, extension, or placement of a structure, including any preliminary physical operation preparatory to such building, construction, reconstruction, relocation, or placement of a structure, including, but not so as to limit the generality of SECTION 3.0 DEFINITIONS Page 3-16 City of Stratford Final for Council Adoption - January 2022 the foregoing, excavating, filling or draining, and erected or erection have corresponding meanings. EXISTING, when used in reference to a lot, building or structure, means a lot, building or structure lawfully in existence on the date of the passing of this By-law and continually used since its lawful establishment. Existing, when used in reference to a use, means a use lawfully in existence on the date of the passing of this By-law and continually used since its lawful establishment. FACTORY STORE means a building or structure, wherein products which are manufactured, produced, or processed therein are kept or displayed for wholesale or retail sale, or wherein orders are taken for the delivery of such products. FINANCIAL INSTITUTION means a building where money is deposited, withdrawn, kept, loaned, invested, and/or exchanged and, without limiting the generality of the foregoing, includes a bank, trust company, credit union or an investment or brokerage firm. FITNESS CLUB means a building where facilities, machines and equipment are provided for use by the public or to members, for the purposes of physical training and improving physical health and fitness. FLOOR AREA: GROSS FLOOR AREA means the aggregate of the floor areas of all storeys of a building or structure, excluding an attic, and excluding the floor area of any attached private garage. SECTION 3.0 DEFINITIONS City of Stratford Page 3-17 Final for Council Adoption - January 2022 GROUND FLOOR AREA means the floor area of the ground or first storey of a building, excluding the floor area of any attached private garage. NET FLOOR AREA means that portion of the gross floor area of a building which is used exclusively for a non-residential use defined herein, but excluding: a) any part of such building used for any other non-residential use defined herein; b) any part of such building used as a dwelling unit, a public concourse, or a common hallway or stairway not used exclusively by the said non-residential use; c) any part of such building used solely for the storage of electrical equipment or of equipment to heat, cool, or otherwise control the environment of, such building or a portion thereof; and d) the thickness of any exterior walls of such building. SECTION 3.0 DEFINITIONS Page 3-18 City of Stratford Final for Council Adoption - January 2022 FOOD PROCESSING ESTABLISHMENT means a building in which agricultural products intended for human consumption are prepared, processed, preserved or stored, and includes, without limiting the generality of the foregoing, a butchering establishment, a dairy, a hatchery, a soft drink manufacturing establishment, or a brewery or distillery, but excludes a restaurant or other establishment where foods are prepared for immediate consumption or retail sale. FUEL STORAGE DEPOT means a lot, with or without buildings or structures, whereon fuel tanks are kept or stored on a permanent or temporary basis for the purpose of storing fuels to be used for wholesale or retail distribution, but excludes a gas bar or motor vehicle service station or other distributor of motor vehicle fuels. FUEL STORAGE TANK means a tank used or intended to be used for the bulk storage of combustible, corrosive or inflammable liquids, gases or other material, including, but not so as to limit the generality of the foregoing, petroleum or petroleum products, fuels, or chemicals. FUNERAL HOME means a building wherein the deceased are preserved or otherwise prepared for bereavement display or interment by an undertaker, and may include deceased animals, or a chapel for funeral services, but does not include a crematorium. GARAGE means an attached or detached building or structure which is used or intended to be used for the sheltering of vehicles, and which there are no facilities for repairing or servicing such vehicles, and includes a carport. MUTUAL GARAGE means a private garage which: a) contains sufficient space for the parking of not less than two permitted vehicles for common use by occupants of two adjoining lots; b) contains sufficient space for the parking of not less than two permitted vehicles for common use by occupants of two adjoining lots; c) is situated astride the common side lot line between two adjacent lots; and SECTION 3.0 DEFINITIONS City of Stratford Page 3-19 Final for Council Adoption - January 2022 d) is accessory to a main use on each of such lots. PRIVATE GARAGE means a garage that is not intended for use by the general public. GARDEN CENTRE means an establishment wherein plants, shrubs, trees, lawn and garden equipment, furnishings and related supplies are offered for retail sale. GARDEN SUITE means a small independent building, physically separate from the principal dwelling unit with which it is associated, which may be used as a dwelling unit, or for activities accessory to those permitted in the principal dwelling unit, and which may have a primary access from a rear lane abutting the lot upon which both the garden suite and its associated principal dwelling unit are located. GAS BAR means an establishment wherein motor vehicle fuels and lubricants are offered for retail sale including, without limiting the generality thereof, gasoline, diesel, propane and other such fuels, any may include a convenience store for the retail sale of convenience items as an accessory use, but excludes a motor vehicle service station. GOLF COURSE means the use of land for the purposes of playing golf and without limiting the generality of the foregoing may include a par three golf course, a driving range as an accessory use, a miniature golf course, club house or combination thereof, and structures devoted to the maintenance and operation of the golf course. SECTION 3.0 DEFINITIONS Page 3-20 City of Stratford Final for Council Adoption - January 2022 GRADE, FINISHED, when used in reference to a building or structure, means the elevation of the finished surface of the ground adjoining the base of all exterior walls of a building or the elevation of the finished surface of the ground at the base of a structure, exclusive of any artificial embankment at the base of such building or structure. GRADE, AVERAGE, when used in reference to a building or structure, means the average elevation of the finished grade. GROUND FLOOR means the first storey above average grade level and includes a level situated partially below grade where the height of such storey is more than fifty (50) per cent above average grade level, such height being measured from top of the floor to the bottom of the ceiling joists of that storey. GROUP HOME means a building that is licensed or funded under an Act of the Parliament of Canada or the Province of Ontario for the accommodation of persons exclusive of staff, SECTION 3.0 DEFINITIONS City of Stratford Page 3-21 Final for Council Adoption - January 2022 living under supervision and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well-being, but does not include a place maintained and operated primarily for the care of or occupation by inmates or persons placed on probation or released on parole or for any other correctional purpose. HABITABLE ROOM means a room which can be used at all times throughout the year and is designed for living, sleeping or dining, and, when used in reference to a dwelling, includes any other room not defined herein as a non-habitable room. NON-HABITABLE ROOM when used in reference to a dwelling, means any room or other area in a dwelling, other than a habitable room, and includes, without limiting the generality of the foregoing, a laundry room, a pantry, a kitchen, kitchen space or alcove, a bathroom, a lobby or vestibule, a communicating corridor, a stairway, a closet, a basement recreation room, an unfinished attic or basement, a sunroom, verandah, porch or balcony, a garage, or any space used for the service and maintenance of such dwelling or for vertical travel between storeys. HAZARD LANDS means lands which exhibit a hazardous condition as a result of their instability; susceptibility to flooding, erosion, subsidence; or the presence of organic soils; or instability associated with ravine, river valley or stream processes and includes lands lying below the regulatory flood line and below the fill line as established from time to time by the Conservation Authority and shall include lands lying within the one to two hundred and fifty (1:250) year erosion limit as established by the Conservation Authority. HAZARDOUS SUBSTANCES means substances which, individually, or in combination with other substances, are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide array of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological. HEIGHT when used in reference to a building or structure or any part thereof specifically referred to herein, means the vertical dimension between the average grade at the base of such building or structure and the highest point of such building or structure or part thereof, exclusive of any permitted height exceptions. SECTION 3.0 DEFINITIONS Page 3-22 City of Stratford Final for Council Adoption - January 2022 HOBBYIST means a person who makes goods, wares or merchandise such as toys, crafts, sewn items or similar products, or who repairs or refinishes antiques or other items, or who collects and/or restores goods, wares or merchandise, but excludes an motor vehicle mechanic, baking, or the retail display and/or selling of such products to the public from the dwelling of such hobbyist, or any open storage. HOME OCCUPATION means an occupation conducted as an accessory use, entirely within a dwelling or accessory building or structure providing the proprietor carrying on the activity resides within the dwelling unit containing the home occupation, and includes, without limiting the generality thereof: a) the workplace of a hobbyist; b) a teacher, or a person engaged in consultation, treatment or instruction; c) the provision of a personal care service; d) the workplace of a person engaged in a profession, but excludes a business or professional office, or a studio; e) private home day care; and f) the workplace of an author or an artist. HOSPICE means a premises providing palliative care or respite to resident patients. HOSPITAL means any public or private institution under Provincial legislation established for the treatment of convalescent or chronically ill persons afflicted with sickness, disease SECTION 3.0 DEFINITIONS City of Stratford Page 3-23 Final for Council Adoption - January 2022 or injury, that is approved under the applicable statute, and may include research and educational facilities. HOSTEL means a building accredited or recognized by a hostelling association or operated by a non-profit organization in which rooms intended for sleeping accommodation only are offered, and which contains common washrooms and which may contain accessory rooms for dining, recreational, educational or other similar purposes and may include 1 accessory dwelling unit for the owner or operator thereof. HOTEL means a building containing guest rooms for the temporary lodging of the travelling public and may include meeting facilities, recreation facilities, a restaurant, public hall, and retail stores, which are incidental and subordinate to the primary hotel function and located in the same building. INDUSTRIAL MALL means a building designed and constructed as a unit containing at least 3 physically separate and independent establishments and provided with common parking areas, driveways, and other shared accessory facilities and services and which is held under single ownership, condominium ownership, co-operative or similar arrangement. INDUSTRIAL USE means the use of land, buildings or structures for manufacturing, assembling, preparing, processing, inspecting, finishing, treating, altering, ornamenting, repairing, refinishing, restoring, producing, or adapting for sale of any goods, substances or articles, and includes the warehousing or storing of such products. INFRASTRUCTURE means physical structures (facilities and corridors) that form the foundation for development. Infrastructure includes: sewage and water systems, septage treatment systems, waste management systems, electric power generation and transmission, communications/ telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities. SECTION 3.0 DEFINITIONS Page 3-24 City of Stratford Final for Council Adoption - January 2022 INN means a building used for the purposes of supplying temporary living accommodation to the public, and containing a maximum of 10 guest rooms, dwelling units or combination thereof wherein such dwelling units are not restricted to occupancy by a person as their principal residence and may include 1 accessory dwelling unit for the owner or operator thereof. INNOVATION INCUBATOR means the use of a premises for an organization related to providing a hub for health, technology, arts, culture, environmental, social, or other like uses. INSTITUTIONAL USE means the use of land, buildings or structures for non-commercial, non-industrial and non-residential purposes, and shall include a public or private school, place of worship, day care centre, nursing home, fire station, police station, ambulance dispatch office, ambulance terminal, administrative office of a municipal, provincial or federal government agency, auditorium, hospice, hospital, library, museum, park, and recreational park, or other similar type uses. LANDSCAPED OPEN SPACE means land which is: a) unoccupied by any enclosed space within building or structure; b) situated at ground level; c) used or intended to be used for landscaping which includes the growth and maintenance of grass, flowers, shrubs, bushes, trees or other vegetation, and for the provision of other landscaping features including, but not necessarily restricted to, planting strips, decorative fencing, recreational or play areas, gardens, rooftop gardens, fountains, fish ponds, uncovered swimming pools, uncovered decks, porches, terraces and walkways but excluding driveways and parking areas. LANE means a right-of-way not intended for general traffic circulation that provides motor vehicle access to an abutting lot and does not include a private road or a public road. LARGE MERCHANDISE OUTLET means a building in which large items including, without limiting the generality thereof, furniture, appliances, machinery, floor coverings, or other SECTION 3.0 DEFINITIONS City of Stratford Page 3-25 Final for Council Adoption - January 2022 items not appropriate for carrying out of such outlet by customers, are offered or kept for retail sale or rent to the public, but excludes food items and building materials. LAUNDROMAT means a building containing machines for washing and drying clothes by the general public, but excludes a laundry room intended for use only by specified persons. LIBRARY means a library branch or distributing station as defined in the Public Libraries Act. LICENSED GAMING ESTABLISHMENT means a building used exclusively as a gambling or gaming hall established by, and under the control of, the Province. LIVESTOCK FACILITY means one or more barns or permanent structures with livestock occupied portions, intended for keeping or housing of livestock. A livestock facility also includes all manure or material storages and anaerobic digesters. LOADING DOCK means that area of a platform or other structure adjacent to or within a building or structure that is used or intended to be used for unloading from, or loading onto, a truck, railway car or other vehicle, goods, articles, things or substances. LOADING SPACE means that area located on the same lot as the use it serves or is intended to serve, and used for the parking of a vehicle for the loading or unloading of goods, articles, things or substances pertinent to such use. LOT means a parcel of land, described in a registered deed or other document legally capable of being conveyed. CORNER LOT means a lot situated at the intersection of two or more streets or upon two parts of the same street having an angle of intersection not exceeding 135 degrees. In the case of a curved corner, the corner of the lot shall be that point on the flankage lot line and front lot line nearest to the point of intersection SECTION 3.0 DEFINITIONS Page 3-26 City of Stratford Final for Council Adoption - January 2022 of the continued projections of the flankage lot line and the front lot line. INTERIOR LOT means any lot, other than a corner lot or through lot. THROUGH LOT means any lot, other than a corner lot, having separate lot lines abutting at least 2 separate streets. SECTION 3.0 DEFINITIONS City of Stratford Page 3-27 Final for Council Adoption - January 2022 LOT AREA means the total surface area within the lot. LOT COVERAGE means that portion of the area of a lot covered by the perpendicular projections of all buildings, including accessory buildings and structures, unless otherwise specified, on that lot onto a horizontal plane, excluding balconies, uncovered decks, porches, terraces, and canopies and overhanging eaves which are 2.0 m or more in height above finished grade, and uncovered swimming pools and hot tubs. LOT DEPTH means: a) the shortest distance between the rear lot line and the front lot line of a lot, where such front and rear lot lines are parallel; b) the average distance between the rear lot line and the mid-point of the front lot line of a lot, where such front and rear lot lines are not parallel; c) the distance between the mid-point of the front lot line and the point of intersection of the side lot lines of a lot, where there is no rear lot line. LOT FRONTAGE means the horizontal distance between the side lot lines of a lot, such distance being measured along a line which is parallel to the front lot line and measured at the required setback. a) In cases where the front lot line is narrower than the line at the required setback, the lot frontage shall be the shortest distance between the side lot lines measured at the front yard setback. b) In the case of a corner lot where the front lot line and the flankage lot line SECTION 3.0 DEFINITIONS Page 3-28 City of Stratford Final for Council Adoption - January 2022 do not intersect because of a curved corner or daylight triangle, the front lot line and flankage lot line shall be deemed to extend to their hypothetical point of intersection where the horizontal distance between the interior side lot line and hypothetical flankage lot line is measured parallel to and measured at the front yard setback. LOT LINE means any boundary of a lot, and includes the vertical projection therefrom. FRONT LOT LINE means: a) in the case of an interior lot, the lot line that abuts a street or a reserve owned by the Corporation on the opposite side of which is a street; b) in the case of a corner lot, the shorter lot line that abuts a street or a reserve owned by the Corporation on the opposite side of which is a street, whereas the other lot line shall be deemed an exterior side lot line; or c) in the case of a through lot, the lot line that abuts the wider street allowance, as identified as the design width on Schedule "B" shall be deemed to be the front lot line, but where the streets are of equal width, the lot line which abuts the higher street classification as identified on Schedule "B", shall be deemed to be the front lot line, and in the case of both streets being under the same jurisdiction, street width, or road classification, the City may designate which street line shall be the front lot line. SECTION 3.0 DEFINITIONS City of Stratford Page 3-29 Final for Council Adoption - January 2022 REAR LOT LINE means the lot line opposite to, and most distant from, the front lot line, but where the side lot lines intersect, as in the case of a triangular lot, the rear lot line shall be represented by the apex of the triangle formed by the intersection of the side lot lines. SIDE LOT LINE means a lot line other than a front or rear lot line. SECTION 3.0 DEFINITIONS Page 3-30 City of Stratford Final for Council Adoption - January 2022 EXTERIOR SIDE LOT LINE means a side lot line that abuts a street line or reserve owned by the Corporation that abuts a street. INTERIOR SIDE LOT LINE means a side lot line other than an exterior side lot line. MAIN, when used to describe a use, building or structure, means a use which constitutes, or a building or structure in which is conducted, the primary use of the lot on which such use, building or structure is located. MECHANICAL ROOF TOP PENTHOUSE means a room or enclosure on the roof of a building exclusively used for mechanical equipment, a stair tower, elevator equipment, or any combination thereof. MERCHANDISE RENTAL SHOP means a building wherein the main use is the rental of goods, wares or merchandise and includes, without limiting the generality of the foregoing, videos, clothing, costumes, party supplies or equipment intended for personal use or household maintenance, but excludes any open storage, or an equipment rental establishment or a vehicle rental establishment. SECTION 3.0 DEFINITIONS City of Stratford Page 3-31 Final for Council Adoption - January 2022 MERCHANDISE SERVICE SHOP means a building wherein articles, small appliances or goods, or equipment or machinery used for construction or industrial purposes, are repaired or serviced, or where replacement parts for such articles or goods are offered for sale. MICROBREWERY means a building or part thereof used for the small-scale production of beverages including beer, wine and cider. MINIMUM DISTANCE SEPARATION (MDS) FORMULAE means formulae and guidelines developed by the province, as amended from time to time, to separate uses so as to reduce incompatibility concerns about odour from livestock facilities. For reference: MDS I - provides the minimum distance separation between proposed new development and any existing livestock barns, manure storages and/or anaerobic digesters; and MDS II - provides the minimum distance separation between proposed new, expanding or re-modelled livestock barns, manure storages and/or anaerobic digesters and existing or approved development. MODEL HOME means a building which is used on a temporary basis as a sales office or as an example of the type of dwelling that is for sale in a related development and which is not occupied or used as a residential dwelling. MOTOR VEHICLE BODY SHOP means a building where motor vehicles are kept, stored, or repaired, including the complete repair to motor vehicle bodies, frames and motors, and the painting, upholstering, washing and cleaning of such vehicles. MOTOR VEHICLE REPAIR SHOP means a building which contains facilities for the repair and maintenance of vehicles on the premises and in which vehicle accessories are sold and vehicle maintenance and repair operations are performed and may include minor repairing or minor painting of vehicle bodies. MOTOR VEHICLE SALES OR RENTAL ESTABLISHMENT means an establishment for the sale, rental or leasing of motor vehicles, commercial vehicles and motor vehicles. SECTION 3.0 DEFINITIONS Page 3-32 City of Stratford Final for Council Adoption - January 2022 MOTOR VEHICLE SERVICE STATION means a building where motor vehicle fuels, lubricants and related accessories are offered for sale to the general public and which contains facilities for the minor incidental repair and maintenance of motor vehicles and does not include a gas bar. NURSERY means a place where plants, trees or shrubs are grown or stored for the purpose of transplanting, for use as stocks for building or grating or for the purpose of retail or wholesale together with the sale of soil, planting materials, fertilizers or similar materials and includes a commercial greenhouse. NURSING HOME means a building wherein lodging, meals, personal care, nursing services, and medical care and treatment are provided and may include a hospice, but excludes a hospital or retirement home. OFFICES means a business office, a professional office, a clinic, or a veterinarian clinic, as defined in this By-law. OFFICES, FEDERAL, PROVINCIAL OR MUNICIPAL means a building in which persons are engaged in the management, direction or conduct of the affairs of a federal, provincial or municipal agency. ON-FARM DIVERSIFIED USE means uses that are secondary to the principal agricultural use of the property and are limited in area. On-farm diversified uses include: but are not limited to, home occupations, home industries, agri-tourism uses, and uses the produce value-added agricultural products. OUTDOOR AMENITY SPACE means an area of land, balcony, deck, terrace, the roof of a private garage or the roof of a parking structure, which includes landscaped open space and may include areas of decorative paving or other similar surface, provided such surface is not used for vehicular use. PARK means an area of land consisting primarily of natural or landscaped open space which may be publicly or privately owned, and may include, without limiting the generality SECTION 3.0 DEFINITIONS City of Stratford Page 3-33 Final for Council Adoption - January 2022 of the foregoing, a conservation or natural area, a playground, or a picnic area, a nursery or a commercial greenhouse. AMUSEMENT PARK means an area of land, with or without accessory buildings or structures, wherein the primary use is the provision of rides, slides, play equipment, games of chance or skill, or a water park, including the sale of food, beverages, toys and souvenirs accessory thereto, and may include a recreational entertainment establishment or an amusement arcade. RECREATIONAL PARK means a park which, without limiting the generality thereof, also contains facilities for cultural, leisure, sports or recreational activities. PARKING AISLE means a portion of a parking area which abuts, on one or more sides, parking spaces to which it provides direct access, and which is not used for the parking of motor vehicles. PARKING AREA means an area provided for the parking of motor vehicles, and includes any related parking aisles and parking spaces, including a private garage or a parking area located within a building or structure, but does not include any part of a street or lane or driveway. SECTION 3.0 DEFINITIONS Page 3-34 City of Stratford Final for Council Adoption - January 2022 PARKING LOT, COMMERCIAL means a parking area or structure, other than a street or driveway, that is available for public use on a lot for the parking of motor vehicles and either: a) is the principal use of the lot; or, b) where a charge is levied to occupy any parking space. PARKING SPACE means a portion of a parking area, exclusive of any parking aisles, to be used for the temporary parking of a motor vehicle. PATIO means an open area of land covered by a slab or other material on grade, but does not include a deck. PERFOMING ARTS STUDIO means premises used for the rehearsal of performing arts, such as music, dance or theatre. PERSONAL CARE ESTABLISHMENT means a building wherein a service is performed directly to an individual, and includes, without limiting the generality of the foregoing, a SECTION 3.0 DEFINITIONS City of Stratford Page 3-35 Final for Council Adoption - January 2022 barber shop, a beauty salon, a tanning salon, a tattoo parlour, a manicurist or a beautician's establishment, but does not include a massage or body-rub parlour or any adult entertainment establishment as defined in the Municipal Act. PERSONAL SERVICE ESTABLISHMENT means a building wherein a service is provided for the alteration, care, making of, and repair of wearing apparel, and includes, without limiting the generality of the foregoing, a shoe repair shop, a tailor or dressmaking shop, a furrier, but does not include a massage or body-rub parlour or any adult entertainment parlour as defined in the Municipal Act. PET GROOMING ESTABLISHMENT means a building wherein pets are washed and groomed for a fee, but does not include an establishment where animals are housed, bred, boarded, trained or sold and does not include an, animal shelter or veterinarian clinic as defined in this by-law. PLACE OF WORSHIP means a building or structure used by a congregation or organization dedicated to worship and related religious, social and charitable activities, with or without an auditorium, convent or monastery, or clergy residence as uses accessory thereto. PLANTING STRIP means landscaped open space which is located adjacent to a lot line or portion thereof and which comprises a continuous hedgerow or row of shrubs, a berm, a wall, an opaque fence, or combination thereof. PORCH means a structure, with or without steps, consisting of a platform with a roof and enclosed walls or partially enclosed walls that are 1.2 m in height or greater from the top of the platform, and connected to an entrance to a building. PRINCIPAL RESIDENCE or PRINCIPAL RESIDENT means the customary or usual place of residence of a person, for which the municipal address of the dwelling unit is most likely to be identified by that person as his or her place of residence for financial, legal and government related purposes. SECTION 3.0 DEFINITIONS Page 3-36 City of Stratford Final for Council Adoption - January 2022 PRIVATE CLUB means an association or group of people who pay membership dues or fees, and own, lease or rent a premises, the use of which is restricted to members and their guests for social, recreational or athletic purposes, but does not include a fitness club. PRIVATE HOME DAY CARE means the temporary care and custody for reward or compensation of not more than six persons in a provincially licensed home day care, or not more than five persons in an unlicensed home day care in a private residence other than the home of a parent or guardian of any such person for a continuous period not exceeding 24 hours. Care may be provided for children, seniors and/or persons with disabilities. PROFESSIONAL OFFICE means a building in which a legal, or other professional service is performed or consultation given, including, without limiting the generality of the foregoing, the office of a lawyer, an architect, a surveyor, an engineer, a chartered accountant, or a consultant, but does not include a business office, a studio, a pet or veterinarian's clinic, a clinic, an animal shelter, a massage or body-rub parlour or any adult entertainment establishment. PUBLIC, when used in reference to a building, structure, use or lot, means a building, structure, use or lot used by a public agency to provide a service to the public. PUBLIC AGENCY means a) the Corporation; b) any department, commission, corporation, authority, board or other agency other than a hospital board established from time to time by the Corporation; c) any public utility; d) railroad company; e) the Government of Canada, Province of Ontario, County of Perth, Upper Thames River Conservation Authority, and School Boards. SECTION 3.0 DEFINITIONS City of Stratford Page 3-37 Final for Council Adoption - January 2022 PUBLIC UTILITY means a) any agency, corporation, board or commission providing electricity, gas, oil, steam, water, communications/telecommunications, transportation, stormwater drainage or sewage or waste collection and disposal services to the public; or b) a use pertaining to any such agency, corporation, board or commission. OPEN PORCH means a porch without walls or partial walls. RAILWAY LINE means the permanently placed railway lines of a railway company used for traveling over, or temporary storage on, by railway company cars or engines, but does not include rail lines located on land not owned or leased by the railway company. RECREATIONAL ENTERTAINMENT ESTABLISHMENT means an establishment wherein games of skill or chance are offered to the public as the main use therein, and includes, without limiting the generality of the foregoing, a billiard or pool hall and a bowling alley, but excludes an amusement arcade establishment or an amusement park, or a massage or body-rub parlour or any adult entertainment establishment as defined in the Municipal Act. RECREATIONAL VEHICLE SALES OR RENTAL ESTABLISHMENT means an establishment having as its main use the sale, rental or leasing of recreational vehicles. REDEVELOPMENT means the removal of buildings or structures from land and the construction or erection of other buildings or structures thereon. REGISTERED means registered in the Registry Office of the County. REGULATED AREA shall mean the area in which the Upper Thames River Conservation Authority has jurisdiction for hazard issues covered in Section 28 of the Conservation Authorities Act, R.S.O 1990, C.C.27, as amended. RESERVE means land set apart from other lands and registered as a reserve. SECTION 3.0 DEFINITIONS Page 3-38 City of Stratford Final for Council Adoption - January 2022 RESTAURANT means a building where food is prepared and offered for sale to the public for immediate consumption either on or off the premises, but does not include a tavern or any building where prepackaged foods or beverages requiring no further preparation before consumption are offered for retail sale. DRIVE-IN RESTAURANT means a restaurant where the public consumes such food or beverages within vehicles parked on the same lot therewith. EAT-IN RESTAURANT means a restaurant which contains seating for the public to consume the food or beverages of the restaurant therein, and may contain take- out or drive through take-out services accessory thereto. TAKE-OUT RESTAURANT means a restaurant, other than a drive-in restaurant, which does not contain seating or any other facilities for the consumption of food or beverages therein. RETAIL STORE means a building in which goods, wares, merchandise, substances, articles or things in limited quantities are stored, offered or kept for retail sale to the public, and uses accessory thereto. RETIREMENT HOME means a building containing dwelling units or other rooms used for the accommodation of primarily elderly persons as their residence, and which contains a common dining area for the residents thereof, and may contain a common lounge, recreation room and medical care facilities. SALVAGE YARD means a lot which may contain buildings or structures, used for wrecking, dismantling, storing or selling used goods, wares or materials including, but not so as to limit the generality of the foregoing, glass, bottles, metals, clothing, plastics, furniture, paper, machinery, building or other materials, vehicles and parts thereof. SCHOOL: SECTION 3.0 DEFINITIONS City of Stratford Page 3-39 Final for Council Adoption - January 2022 COMMERCIAL SCHOOL means a school operated for a fee for the purposes of, without limiting the generality of the foregoing, instruction in the performing arts, martial arts, sports or technical, vocational or academic subjects. ELEMENTARY SCHOOL means an establishment, including outdoor areas, where academic instruction in a full range of the subjects of the elementary school courses of study is provided under the jurisdiction of a school board established by the Province of Ontario for students up to, and including grade 8. PRIVATE SCHOOL means an establishment accredited by the Province, including outdoor areas, where academic instruction in a full range of the subjects of the elementary or secondary school courses of study is provided. SECONDARY SCHOOL means an establishment, including outdoor areas, where academic instruction in a full range of the subjects of the secondary school courses of study is provided under the jurisdiction of a school board established by the Province of Ontario. POST-SECONDARY SCHOOL means a public school primarily for the instruction of students or adults receiving a post-secondary education and, without limiting the generality of the foregoing, includes an adult retraining school, a community college and a university. SCIENTIFIC OR MEDICAL LABORATORY means a building wherein scientific or medical experiments, tests or investigations are conducted, and where drugs, chemicals, glassware or other substances or articles pertinent to such experiments, tests or investigations are manufactured or otherwise prepared for use on the premises. SECOND SUITE means a self-contained living accommodation for an additional person or persons living together as a separate single housekeeping unit, in which both food preparation and sanitary facilities are provided for the exclusive use of the occupants of the suite, located within the principal dwelling on the lot. SELF-STORAGE ESTABLISHMENT means a building containing individual storage units accessible by the user, used for the storage of goods, wares, merchandise, food-stuff, SECTION 3.0 DEFINITIONS Page 3-40 City of Stratford Final for Council Adoption - January 2022 substances, articles or other things, but does not include a fuel storage tank. SETBACK means the horizontal distance between the lot line and the nearest part of any building or structure on such lot, and includes the front yard depth, rear yard depth, interior side yard and the exterior side yard width of a lot. SERVICE TRADE means an establishment, other than an automotive use, that provides a non-personal service or craft to the public, including, but not necessarily restricted to, the shop of a printer, a plumber, a painter, a carpenter, an electrician, a welder, a furrier, an upholsterer, a custom engraver, a monument engraver, a merchandise service shop, a battery storage and recharging shop, a small engine repair shop, a workshop for the physically challenged, a catering establishment, a tool or small equipment rental establishment. SEWAGE TREATMENT PLANT means the use of land, buildings and structures by a public agency, where domestic or industrial waste is collected and treated, and includes a sewage pumping station. SHIPPING CONTAINER means an article of transportation equipment, including one that is carried on a chassis, that is strong enough to be suitable for repeated use and is designed to facilitate the transportation of goods by one or more means of transportation and includes intermodal containers, bodies of transport trucks, or straight truck boxes. SHOPPING CENTRE means a lot or building designed, constructed, operated or maintained as a unit containing at least 4 physically separate and independent commercial and/or business uses which may be connected by a common corridor or wall SECTION 3.0 DEFINITIONS City of Stratford Page 3-41 Final for Council Adoption - January 2022 and which is provided with common parking areas, driveways, landscaped open space and other shared accessory facilities and services and which is held under single ownership, condominium ownership, co-operative or similar arrangement. SHORT TERM RENTAL ACCOMMODATION means an entire dwelling unit that is used to provide sleeping accommodations for any period of less than 28 consecutive days and is operated by the principal resident. Short term rental accommodation shall not include a inn, hotel, bed and breakfast establishment, boarding house dwelling or similar commercial or institutional use. The principal use of the dwelling shall be for residential purposes and the short term rental accommodation shall be an ancillary use to the main use. SIGN means a name, identification, description, device, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or lot and which directs attention to, without limiting the generality of the foregoing, an object, product, place, activity, person, institution, organization or business. SPECIAL EVENT SPACE means a portion of the building used for event programming for community, cultural and social purposes, including but not limited to, receptions, conferences, meetings, weddings, festivals, and informational and/or instructional programs (or similar functions for which food and/or beverages may or may not be prepared and served). SECTION 3.0 DEFINITIONS Page 3-42 City of Stratford Final for Council Adoption - January 2022 STACKING LANE means a continuous on-site queuing lane that includes tandem parking spaces for motorized vehicles which is separated from other vehicular traffic and pedestrian circulation, by barriers, markings or signs. STACKING SPACE means a motor vehicle space which provides standing room for vehicles in a queue in a stacking lane. STORAGE, OPEN means storage of goods or materials outside a building or structure. STOREY means a horizontal division of a building from a floor to the ceiling directly above such floor, and includes an attic wherein at least fifty (50) percent of the space above the floor is more than 2.1 m in height and meets the minimum floor area requirements of the Ontario Building Code but does not include a mezzanine, gallery, balcony or other overhang, the floor area of which does not exceed forty (40) percent of the floor area of the storey directly below such overhang, provided that the space beneath such overhang SECTION 3.0 DEFINITIONS City of Stratford Page 3-43 Final for Council Adoption - January 2022 is not enclosed and the extent of such overhang does not exceed forty (40) percent of the least dimension of the room in which the said overhang is located. FIRST STOREY or GROUND LEVEL means the storey having its floor level closest to finished grade and having its ceiling more than 1.8 m above average finished grade. SECOND STOREY or SECOND FLOOR means the storey directly above the first storey. STREET means a public highway or public road as defined in the Municipal Act, under the jurisdiction of either the Corporation, the County or the Province but does not include a lane or right-of-way. SECTION 3.0 DEFINITIONS Page 3-44 City of Stratford Final for Council Adoption - January 2022 STREET ALLOWANCE means land held by the Corporation, the County or the Province for the purpose of providing a street, and includes a street and an improved street. STREET LINE means the limit of the street allowance and is the dividing line between a lot or reserve and a street. STREET WIDTH means the horizontal distance between the street lines of a street allowance, measured along a line perpendicular to the said street lines. ARTERIAL STREET means a street designated as such on Schedule "B" of this By- law. COLLECTOR STREET, TWO LANE AND FOUR LANE means a street designated as such on Schedule "B" of this By-law. IMPROVED STREET means a street that is improved for the passage of motor vehicles and is owned and maintained by the Corporation, the County or the Province. LOCAL STREET means a street designated as such on Schedule "B" of this By-law. PRIVATE STREET means a street which affords the principal means of vehicular access to a lot and which is not assumed, for the purposes of providing maintenance, or in title, by the Corporation, the County or the Province. WIDENED STREET means a street widened to its design width in accordance with Schedule "B" of this By-law. SECTION 3.0 DEFINITIONS City of Stratford Page 3-45 Final for Council Adoption - January 2022 STRUCTURE means anything constructed or erected, in whole or in part, which is located on, or in, the ground, or attached to something located on, or in, the ground, and includes anything pre-made or prefabricated, but does not include a fence, sign, air conditioning unit, retaining walls, pergolas, temporary tents or similar uses, railway line, or any hard surface located directly on the ground. STUDIO means a building used as the work place of a photographer, musician, artist or craftsman, without limiting the generality thereof, photographs are taken, music or film is recorded, or instruction is given in art, music, dance, craft making or similar disciplines. SUNROOM means a porch or part thereof which is fully enclosed by walls containing windows, the glazed area of each exterior wall being not less than one-third of the area of such wall between the floor and the roof. SUPERMARKET means a building in which a balanced line of prepared food, bakery and dairy products; candy and confectionery; soft drinks and other food products are sold to the public and, in addition, where pharmaceuticals, health and beauty aids, housewares, newspapers, paper products, tobacco products, flowers and plants and other non-food items may be sold or services rendered to the public provided such items or services are incidental and subordinate to the sale of food items described herein. TANDEM PARKING means the parking of a vehicle directly behind another vehicle in a driveway. TAVERN means a building in which the primary use is the serving of alcoholic beverages. TAXI DISPATCH ESTABLISHMENT means a premises where taxis or limousine taxis are dispatched from and where such vehicles may be parked or stored for short periods of time when not engaged in transporting persons or goods. THEATRE means a building or structure used for the production and viewing of the performing arts or for the screening and viewing of motion pictures by the public. SECTION 3.0 DEFINITIONS Page 3-46 City of Stratford Final for Council Adoption - January 2022 THEATRE CLASSROOM means a room or series of rooms in the theatre where groups of students are taught and/or educational sessions are held including but not limited to the business operations of the theatre, acting, and administration. THEATRE RESTAURANT means a restaurant that operates exclusively during such periods as the theatre and/or its ancillary uses are in operation. THEATRE RETAIL STORE means a building in which theatre products or products associated with the theatre including goods, wares, merchandise, substances, articles or things are stored, offered or kept for retail sale to the public. TRAILER means any vehicle designed to be towed by another vehicle. TRANSIT CENTRE means a lot, with or without buildings or structures, where buses are used to pick-up or drop-off of persons but excludes a bus stop. TRAVEL TRAILER means a trailer capable of being used for the temporary or permanent living, sleeping or eating accommodation of one or more persons, including a travel trailer that has been temporarily or permanently fixed or attached to the ground on a foundation or other base or has become in any other manner so adapted and affixed to the land upon which it is situated that it is, or has become, an immobile structure, and includes, without limiting the generality thereof, recreational vehicles, mobile homes, park models or campers. TRAILER CAMP means a lot used for the temporary or short term parking of travel trailers and other apparatus capable of being used for the temporary or permanent living, sleeping or eating, including tents, but excludes a recreational vehicle sales or rental establishment. TRAILER PARK means a lot used or intended for use for the permanent placement of travel trailers. TRIANGLE, DAYLIGHT means the triangular space formed by the street lines of a corner SECTION 3.0 DEFINITIONS City of Stratford Page 3-47 Final for Council Adoption - January 2022 lot, where such lot is located at the intersection of 2 or more streets, and a line drawn from a point in one street line to a point in the other street line, each such point being a specified distance from the point of intersection of the street lines measured along the said street lines, and where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projected tangents of the street lines. Where required by this By-law, a daylight triangle shall be dedicated as part of the abutting street allowance to the appropriate agency having jurisdiction of the abutting street. TRIANGLE, DRIVEWAY VISIBILITY shall be measured from the point of intersection of a street line and the edge of a driveway a distance from the street line and a distance from the edge of the driveway. TRIANGLE, VISIBILITY means the triangular space formed by the street lines of a corner lot, where such lot is located at the intersection of 2 or more streets, and a line drawn from a point in one street line to a point in the other street line, each such point being a specified distance from the point of intersection of the street lines measured along the said street lines, and where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projected tangents of the street lines. Where required by this By-law, a visibility triangle shall be free of obstructions in accordance with the provisions of this By-law. TRUCK TERMINAL means an establishment where trucks and/or transports are stored, rented, leased, kept for hire, or parked or from which trucks and/or transports are dispatched as common carriers, or where goods are stored temporarily for further shipment. SECTION 3.0 DEFINITIONS Page 3-48 City of Stratford Final for Council Adoption - January 2022 USE means, when used as a noun, the purpose for which a lot, building or structure, or any combination or part thereof, is designed, arranged, occupied or maintained and, when used as a verb, means to put to such purpose. VEHICLE means anything driven or capable of being driven or drawn on wheels by any kind of power other than solely by muscular power and includes, without limiting the generality of the foregoing, an automobile, motorcycle, moped, motor-bike, truck, farm tractor, tractor trailer, bus, boat, jet-ski, motor home, recreational vehicle, snowmobile, but excludes a street car or other vehicle running only upon rails. AUTOMOBILE VEHICLE means a vehicle designed or intended for use for personal transportation on highways and includes, without limiting the generality thereof, a car, pick-up truck, jeep, van, motorcycle, or motor assisted bicycle, but excludes a recreational vehicle. COMMERCIAL VEHICLE means a vehicle licensed by the Province as a public vehicle pursuant to the Public Vehicles Act, or as a commercial motor vehicle pursuant to the Highway Traffic Act. MOTOR VEHICLE means an automobile vehicle and any other vehicle propelled or driven otherwise than by muscular power, but does not included a vehicle running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self- propelled farm implement, or road-building machine. RECREATIONAL VEHICLE means a vehicle designed and intended to be used for recreational purposes and includes, without limiting the generality of the foregoing, motor homes, recreational vehicles, trailers, campers, all-terrain vehicles or motorized snow vehicles, but excludes bicycles, motorcycles, and motor assisted bicycles. VERANDAH means a porch or part thereof, with or without walls or railings, such walls or railings not exceeding a height of 1.2 m. SECTION 3.0 DEFINITIONS City of Stratford Page 3-49 Final for Council Adoption - January 2022 VETERINARIAN CLINIC means a building wherein animals are treated or kept for treatment by a veterinarian, but excludes an animal shelter, a pet shop or an establishment engaged primarily in the retail sale of animals or in breeding animals. VIDEO RENTAL ESTABLISHMENT means a building where videos, cassettes, tapes or similar items intended for home entertainment are rented to the general public. WALKWAY means a surface treated area that is designed and intended to be used principally for pedestrian or bicycle access. WAREHOUSE means a building used for housing, storing, packaging wholesaling or distributing goods, wares, merchandise, food-stuff, substances, articles or things, and may include the residence of a caretaker or watchman. WATER TREATMENT FACILITY means a building or structure, approved by a public agency, where water is purified or treated for human consumption, and includes a water pumping station. WAYSIDE PERMIT AGGREGATE OPERATION (WAYSIDE PIT) means a temporary pit or quarry opened and used by or for a public authority solely for the purpose of a particular project or contract of road construction and not located on the road right-of-way. WELLHEAD PROTECTION AREA means shall mean the geographic area designated on Schedule "C" of this By-law. Three wellhead protection areas are described as follows: a) Wellhead Protection Area A (WHPA-A): The geographic location of the 100m fixed radius around a wellhead with a vulnerability score of 10, as described in the Thames-Sydenham and Region Source Protection Plan for the purposes of describing a vulnerable area. b) Wellhead Protection Area B (WHPA-B): The geographic location of the area around a wellhead with a 2-year time of travel to the wellhead, excluding the area of WHPA-A, as described in the Thames-Sydenham and Region Source Protection Plan for the purposes of describing a vulnerable area. SECTION 3.0 DEFINITIONS Page 3-50 City of Stratford Final for Council Adoption - January 2022 c) Wellhead Protection Area C (WHPA-C): The geographic location of the area around a wellhead with a 2 to 5 year time of travel to the wellhead, as described in the Thames-Sydenham and Region Source Protection Plan for the purposes of describing a vulnerable area. YARD means an area of land which is appurtenant to and located on the same lot as a building or structure, and which is open, uncovered and unoccupied from the ground up, except for such accessory buildings, structures or other uses as are specifically permitted thereon elsewhere by this By-law. FRONT YARD means a yard extending across the full width of a lot between the front lot line of such lot and the nearest part of any wall of any building or structure on such lot. FRONT YARD DEPTH means the shortest horizontal dimension of a front yard between the front lot line of a lot and the nearest part of any building or structure on such lot. SECTION 3.0 DEFINITIONS City of Stratford Page 3-51 Final for Council Adoption - January 2022 REAR YARD means a yard extending across the full width of a lot between the rear lot line of such lot or, where there is no rear lot line, the junction point of the side lot lines, and the nearest part of any building or structure on such lot. REAR YARD DEPTH means the shortest horizontal dimension of a rear yard between the rear lot line of a lot or, where there is no rear lot line, the junction point of the side lot lines, and the nearest part of any building or structure on such lot. SIDE YARD means a yard extending from the front yard to the rear yard of a lot and from the side lot line of such lot to the nearest part of any building or structure on such lot. SIDE YARD WIDTH means the shortest horizontal dimension of a side yard between the side lot line of a lot and the nearest part of any building or structure on such lot. AGGREGATE SIDE YARD WIDTH means the sum of the side yard widths of the side yards of a lot. SECTION 3.0 DEFINITIONS Page 3-52 City of Stratford Final for Council Adoption - January 2022 EXTERIOR SIDE YARD means a side yard immediately adjoining a street allowance or abutting a reserve on the opposite side of which is located a street allowance. INTERIOR SIDE YARD means a side yard other than an exterior side yard. REQUIRED YARD means that part of a yard which contains the rear yard depth or side yard width or setback from the lot lines of a lot as required herein by this By- law. ZONE means an area delineated on a Zoning Map and established and designated by this By-law for a specific use. SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-1 Final for Council Adoption - January 2022 SECTION 4 GENERAL PROVISIONS 4.1 Accessory Buildings, Structures and Uses 4.1.1 Uses Permitted An accessory building or structure may be erected or used in accordance with the following: a) Where this By-law permits a lot to be used or a building or structure to be erected or used for a purpose, that purpose shall include any building, structure or use accessory thereto, other than an accessory guest room or an accessory dwelling unit unless otherwise specified by this By-law. b) An accessory building or structure shall not be used for human habitation or an occupation for gain or profit, unless otherwise permitted by this By-law. 4.1.2 Location An accessory building or structure may be erected in any yard other than a required yard, except that nothing in this By-law shall apply to prevent the erection of: a) an accessory building or structure in accordance with Table 4.1.2. Table 4.1.2 Accessory Building or Structure Locations Interior Lot Zoned C1 or Residential R Corner lot Zoned C1 or Residential R Interior Lot not zoned C1 or Residential R Corner Lot not zoned C1 or Residential R Distance from a front lot line 6.0 m or existing building setback, whichever is the greater 6.0 m or existing building setback, whichever is the greater Setback as set out in the zone or Table 4.1.4 Setback as set out in the zone or Table 4.1.4 Distance from an exterior side lot line N/A 6 m or existing building setback Setback as set out in the zone or Table 4.1.4 Setback as set out in the zone or Table 4.1.4 SECTION 4.0 GENERAL PROVISIONS Page 4-2 City of Stratford Final for Council Adoption - January 2022 Table 4.1.2 Accessory Building or Structure Locations Interior Lot Zoned C1 or Residential R Corner lot Zoned C1 or Residential R Interior Lot not zoned C1 or Residential R Corner Lot not zoned C1 or Residential R whichever is the greater Distance from an interior side lot line 1.0 m 1.0 m where a 1.5 m continuous unobstructed path is provided, otherwise 1.5 m Setback as set out in the zone or Table 4.1.4 Setback as set out in the zone or Table 4.1.4 Distance from a rear lot line 1.0 m 1.0 m where a 1.5 m continuous unobstructed path is provided, otherwise 1.5 m Setback as set out in the zone or Table 4.1.4 Setback as set out in the zone or Table 4.1.4 b) a car port attached to a single detached dwelling or a semi-detached dwelling in an interior side yard, not closer than 1.0 m to the interior side lot line; c) a swimming pool in accordance with the provisions of Section 4.18 (Outdoor Swimming Pools and Hot Tubs); d) an accessory building or structure in a rear yard setback of a through lot in a residential zone, where such lots are subject to a reserve across the rear lot line prohibiting access to the street, provided that such accessory building or structure is not located closer to any lot line than 1.0 m, or, in the case of a corner lot, not in the required exterior side yard setback, nor in a required visibility triangle. e) an accessory building or structure within 1.0 m of a lot line in a residential zone, provided that in no case shall an accessory building or structure be SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-3 Final for Council Adoption - January 2022 erected within a front yard, an exterior side yard or within the minimum setback. 4.1.3 Lot Coverage The lot coverage for accessory buildings or structures shall be calculated to be included in the maximum lot coverage requirements for the lot, unless otherwise specified. 4.1.4 Regulations No person shall use or permit the use of any lot or erect, alter or use any accessory building or structure except in accordance with the accessory use regulations in Table 4.1.4. Any numbers in parentheses following the particular regulation, zone heading, or applicable standard indicates that one or more additional regulations apply to accessory buildings and structures in the applicable zone. Table 4.1.4: Accessory Use Regulations Zone Category Maximum Lot Coverage 1 Maximum Floor Area 1 Maximum Height 2 Maximum Wall Height Minimum Side Yard Width / Rear Yard Depth 3 RESIDENTIAL ZONES R1(1) 10% 100 m2 5.0 m 3.0 m 1.0 m R1(2) 10% 100 m2 5.0 m 3.0 m 1.0 m R1(3) 10% 100 m2 5.0 m 3.0 m 1.0 m R1(4) 10% 100 m2 5.0 m 3.0 m 1.0 m R1(5) 10% 100 m2 5.0 m 3.0 m 1.0 m R2(1) 10% 75 m2 5.0 m 3.0 m 1.0 m R2(2) 10% 75 m2 5.0 m 3.0 m 1.0 m R3 10% 75 m2 5.0 m 3.0 m 1.0 m R4(1) 10% 75 m2 5.0 m 3.0 m 1.0 m R4(2) 10% 75 m2 5.0 m 3.0 m 1.0 m R4(3) 10% 75 m2 5.0 m 3.0 m 1.0 m R4(4) 10% 75 m2 5.0 m 3.0 m 1.0 m R5(1) 10% 100 m2 5.0 m 3.0 m 1.0 m R5(2) 10% 100 m2 5.0 m 3.0 m 1.0 m R5(3) 10% 100 m2 5.0 m 3.0 m 1.0 m COMMERCIAL SECTION 4.0 GENERAL PROVISIONS Page 4-4 City of Stratford Final for Council Adoption - January 2022 Table 4.1.4: Accessory Use Regulations Zone Category Maximum Lot Coverage  Maximum Floor Area  Maximum Height  Maximum Wall Height Minimum Side Yard Width / Rear Yard Depth  ZONES C1 10% 100 m2 4.0 m 3.0 m 1.0 m C2 10% 100 m2 4.0 m 3.0 m 1.0 m C3 10% 100 m2 4.0 m 3.0 m 1.0 m C4 10% 100 m2 4.0 m 3.0 m 1.0 m C5 10% 100 m2 4.0 m 3.0 m 1.0 m GRAND TRUNK ANCHOR DISTRICT ZONE AD 10% 100 m2 4.0 m 3.0 m 1.0 m INSTITUTIONAL ZONES IN1 10% - 5.0 m - 1.0 m IN2 10% - 5.0 m - 1.0 m THEATRE DISTRICT ZONE TH 10% 100 m2 4.0 m 3.0 m 1.0 m PARKS AND OPEN SPACE ZONES P 10% - 5.0 m - 1.0 m OS 10% - 5.0 m - 1.0 m AGRICULTURAL ZONE A 10% 100 m2 5.0 m 3.0 m 1.0 m Additional Regulations for Table 4.1.4 The maximum lot coverage or maximum floor area applies, whichever is the lesser. Maximum height or one (1) storey, whichever is the lesser. Subject to the regulations of Section 4.1.2, whichever is the greater. SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-5 Final for Council Adoption - January 2022 4.2 Access Required to a Street 4.2.1 Lot Frontage Requirements No person shall erect any building or structure or use any lot in any zone unless such lot meets one of the following requirements: a) The lot has frontage on a public street which is assumed by By-law by a public agency; b) The lot will have frontage on a future public street that is currently being constructed pursuant to a Subdivision Agreement or other Development Agreement with a public agency; c) The lot is legally tied to a condominium having frontage on a condominium common element roadway that provides direct access to a public street or which connects with another condominium common element roadway having access to a public street; and d) The lot is legally tied to a condominium having frontage on a future condominium common element roadway that is currently being constructed pursuant to a Condominium Agreement or other Development agreement with a public agency that provides direct access to a public road or which connects with another condominium common element roadway having access to a public street. For greater clarity, no person shall erect any building or structure or use any lot in any zone on a private street unless otherwise specified in this By-law. 4.3 Bed and Breakfast Establishments and Short Term Rental Accommodation No person shall use a building or operate a bed and breakfast establishment or short term rental accommodation unless they hold a valid license issued by The Corporation of the City of Stratford in accordance with all of the applicable provisions of this by-law and the provisions set out in this section 4.3. Where there is a conflict between the general provisions and this section 4.3, the specific provisions relating to bed and breakfast establishment and short term rental accommodation shall apply. SECTION 4.0 GENERAL PROVISIONS Page 4-6 City of Stratford Final for Council Adoption - January 2022 4.3.1 Bed and Breakfast Establishment The regulations below applicable to bed and breakfast establishments apply within the Residential R1, R2, R3, R4, and R5 Zones, the Mixed Use Residential MUR Zone, the Commercial C1, C2, and C3 Zones, the Urban Reserve UR Zone and the Agricultural A Zone. Permitted Dwelling Types, Permitted Zones and Maximum Number of Bedrooms Bed and breakfast establishments and short term rental accommodation shall be in accordance with the requirements of Table 4.3.2: Table 4.3.2: Bed and Breakfast Establishments and Short Term RentalAccommodation Requirements Type of Dwelling Single Detached Dwelling Semi- Detached Dwelling (each unit) Converted Dwelling Street Townhouse Dwelling (each unit) Permitted Dwelling Type bed and breakfast establishment Permitted Permitted Permitted Permitted short term rental accommodation Permitted Permitted Permitted Permitted Operated by bed and breakfast establishment Principal Resident Principal Resident Principal Resident Principal Resident short term rental accommodation Principal Resident Principal Resident Principal Resident Principal Resident Permitted Zones bed and breakfast establishment R1, R2, R3, R4, R5, MUR, C1, C2, C3, UR, and A Zones short term rental accommodation R1, R2, R3, R4, R5, MUR, C1, C2, C3, UR and A Zones SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-7 Final for Council Adoption - January 2022 Table 4.3.2: Bed and Breakfast Establishments and Short Term RentalAccommodation Requirements Type of Dwelling Single Detached Dwelling Semi- Detached Dwelling (each unit) Converted Dwelling Street Townhouse Dwelling (each unit) Maximum Number by Type of Dwelling bed and breakfast establishment 1 1 1 1 short term rental accommodation 1 1 1 1 Maximum Number of Bedrooms bed and breakfast establishment R1 Zone (Local Street): 2 bedrooms R1 Zone (Collector or Arterial Street): 4 bedrooms R1 Zone (Erie Street, Huron Street or Ontario Street): no maximum R2 and R3 Zones (Local, Collector or Arterial Street): 4 bedrooms R2 and R3 Zones (Erie Street, Huron Street or Ontario Street): no maximum R4 and R5 Zones: 2 bedrooms MUR, C2, and C3 Zones: no maximum UR Zone: 4 bedrooms. No expansion to an existing dwelling shall be permitted to accommodate a Bed and Breakfast Establishment in an UR Zone. A Zone: 4 bedrooms short term rental accommodation Not Applicable SECTION 4.0 GENERAL PROVISIONS Page 4-8 City of Stratford Final for Council Adoption - January 2022 Table 4.3.2: Bed and Breakfast Establishments and Short Term RentalAccommodation Requirements Type of Dwelling Single Detached Dwelling Semi- Detached Dwelling (each unit) Converted Dwelling Street Townhouse Dwelling (each unit) Business License bed and breakfast establishment Required Required Required Required short term rental accommodation Required Required Required Required Maximum Number of Days bed and breakfast establishment Regulated through Licensing By-law (No limit) Regulated through Licensing By-law (No limit) Regulated through Licensing By-law (No limit) Regulated through Licensing By-law (No limit) short term rental accommodation Regulated through Licensing By-law (Maximum of 180 Days) Regulated through Licensing By-law (Maximum of 180 Days) Regulated through Licensing By-law (Maximum of 180 Days) Regulated through Licensing By-law (Maximum of 180 Days) 4.3.2 Parking Requirements The following parking requirements are applicable to a bed and breakfast establishment or short term rental accommodation: a) The minimum number of parking spaces shall be accommodated on the lot in accordance with the following: i) bed and breakfast establishment - 1 parking space per bedroom plus the minimum number of parking spaces required for the dwelling in accordance with Section 5.0 (Parking and Loading Requirements) ii) short term rental accommodation - 0.66 parking spaces per bedroom b) Tandem parking for bed and breakfast establishments and short term rental SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-9 Final for Council Adoption - January 2022 accommodations may be permitted to a maximum of two vehicles, provided such parking does not in any way block, obstruct or otherwise hinder the sidewalk. c) No parking shall be permitted in a required front yard or required exterior side yard other than in a driveway, in accordance with the provisions of this zoning by-law. d) No parking shall be permitted in a rear yard unless a separation distance of 1.0 m is maintained from a lot line. e) A planting strip having a minimum width of 1.5 m and a minimum height of 2.0 m shall be provided and maintained adjacent to a parking area and driveway abutting a lot line, where 4 or more parking spaces are required in accordance with Section 5.0 (Parking and Loading Requirements). f) The requirements of Section 5.0 (Parking and Loading Requirements), with the necessary changes, apply to bed and breakfast establishments and short term rental accommodations. g) No required parking spaces are to be provided within a common element area or designated visitor parking areas. h) Private Street A bed and breakfast establishment or short term rental accommodation shall not be permitted on a lot having a frontage on and access to a private street, except in accordance with Section 4.3.7. 4.3.3 Other Requirements a) A bed and breakfast establishment or short term rental accommodations shall have a minimum outdoor amenity space in accordance with the following dwelling unit types i) Single detached dwelling: 37 m2 ii) Semi-detached dwelling: 37 m2 iii) Converted dwelling: 30 m2 SECTION 4.0 GENERAL PROVISIONS Page 4-10 City of Stratford Final for Council Adoption - January 2022 iv) Townhouse dwelling: 30 m2 b) A required outdoor amenity space which is located within 6.0 m of a Residential zone shall be appropriately screened by a planting strip having a minimum width of 1.5 m and a minimum height of 1.5m, and provided and maintained adjacent to the outdoor amenity space and abutting lot line. c) When a dwelling unit is used as a bed and breakfast establishment or short term rental accommodation, no other uses of the property are permitted, including a second suite, or a garden suite. d) A bed and breakfast establishment or short term rental accommodation,including any accessory guest room, shall be licensed with the City. e) All City by-laws including but not limited to the Property Standards By-law, Noise By-law, Fence and Hedge By-law, licensing by-law apply to a bed and breakfast establishment or short term rental accommodation. f) When a short term rental accommodation is occupied continuously as a principal residence, (i.e., for more than 28 consecutive days) it shall be considered a dwelling unit as defined herein. 4.3.4 Accessory Guest Room Nothing in this By-law shall prevent the location of one (1) accessory guest room in a dwelling unit, which may have frontage on and access to a private street, provided 1 parking space is provided for the accessory guest room in addition to any other required parking. 4.3.5 Accessory Guest Rooms in Accessory Buildings Notwithstanding anything in this By-law to the contrary, accessory guest rooms are permitted in an existing accessory building in conjunction with a bed and breakfast establishment located on Ontario Street, Huron Street and Erie Street, provided they are not located within the front yard and exterior side yard, and a minimum interior side yard, and rear yard setback of 1.2 m is provided. SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-11 Final for Council Adoption - January 2022 4.4 Cannabis Production Facility A cannabis production facility shall comply, with the following provisions: a) A cannabis production facility shall be subject to site plan control pursuant to Section 41 of the Planning Act. b) A cannabis production facility shall be prohibited on a lot containing a dwelling unit. c) No building or structure or portion of land thereof used for cannabis production facility purposes may be located closer to any Residential or Institutional Zone or Park Zone than 150 m. d) Where a cannabis production facility is located on a lot, no other use shall be permitted on the lot or within the building as a whole. e) A building or structure used for security purposes for a cannabis production facility may be located in the front yard and does not have to comply with the required minimum front yard setback. f) Loading spaces for a cannabis production facility must be in a wholly enclosed building. g) All uses associated with the cannabis production facility must take place entirely within a building. 4.5 Consents Subject to an Agreement In the case of a parcel of land for which a Development Agreement, Plan of Condominium, and/or a Site Plan has been approved and registered against title pursuant to Section 41 or Section 50 of the Planning Act, R.S.O. 1990, c. P.13, as amended from time to time, then the single parcel of land to which the Development Agreement and/or plan applies shall be deemed to be the lot for application of this Section, notwithstanding that part of the parcel may be in separate ownership; does not otherwise satisfy the definition of lot; or does not abut an improved street. SECTION 4.0 GENERAL PROVISIONS Page 4-12 City of Stratford Final for Council Adoption - January 2022 4.6 Construction Uses Nothing in this By-law shall prevent the use of a lot or part thereof other than a visibility triangle, for the erection or use of a building or structure where such building or structure is incidental to, and necessary for, construction work but not necessarily restricted to, a construction camp, a work camp, a tool shed or a scaffold, but only for so long as such building or structure is necessary for the work in progress and until the work is completed or abandoned, and only while a building permit for the said construction remains in force. 4.7 Daylight Triangles and Visibility Triangles 4.7.1 Minimum Daylight Triangle Requirement A daylight triangle shall be provided and dedicated as part of the abutting street allowance to the appropriate agency having jurisdiction of the abutting street, in accordance with Table 4.7.1, and the street classification as identified in Schedule "B": Table 4.7.1: Minimum Daylight Triangle Requirements Street Classification Intersecting Street Classification Minimum Daylight Triangle (m) Local Local 0 Collector 0 Arterial 10.0 Collector Local 0 Collector 10.0 Arterial 10.0 Arterial Local 10.0 Collector 10.0 Arterial 10.0 4.7.2 Minimum Visibility Triangle Requirements a) A visibility triangle shall be maintained in accordance with Table 4.7.2, and the street classification as identified in Schedule "B": b) Any driveway access to a street shall maintain a visibility triangle in accordance with Table 4.7.2: SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-13 Final for Council Adoption - January 2022 Table 4.7.2: Minimum Visibility Triangle Requirements and Minimum Driveway Visibility Triangle Requirements Street Classification Intersecting Street Classification Minimum Visibility Triangle (m) 1 Driveway Any Street 3.0 Local Local 3.0 Collector 3.0 Arterial 12.0 Collector Local 3.0 Collector 12.0 Arterial 12.0 Arterial Local 12.0 Collector 12.0 Arterial 15.0 Additional Regulations for Table 4.7.2 Where a daylight triangle has been provided, it shall be included within the visibility triangle requirements. 4.7.3 Prohibition of Obstructions within Visibility Triangles Except as otherwise provided in paragraph b) of this subsection, within any visibility triangle or driveway visibility triangle: a) no building or structure shall be erected and no parking space shall be established; b) no sign, save and except a pole sign, or any feature including, but without limiting the generality thereof, fences, walls, berms, trees, hedges or bushes, shall be greater than 0.75 m in height above the elevation of the highest point of the street adjacent thereto, regardless of whether or not any such features form part of a required planting strip; and c) no finished grade shall exceed the elevation of the highest point of the street adjacent thereto by 0.75 m. 4.7.4 Exemptions Daylight triangle requirements and visibility triangle requirements shall not apply to the SECTION 4.0 GENERAL PROVISIONS Page 4-14 City of Stratford Final for Council Adoption - January 2022 following: a) any corner lot located within the Central Business District, or b) any corner lot located in the C3 zone, where no setbacks are required in accordance with the zone provisions, except that, where a corner lot has a setback on one street only, then the provisions of Section 4.7.3 (Prohibition of Obstructions within Visibility Triangles), paragraph a) shall apply to that part of the lot upon which such setback is required, only over that part of the lot between the lot line and the setback line. 4.8 Drive Throughs, Stacking Lanes and Stacking Spaces A drive through may be permitted in association with a commercial use, where it is permitted by this By-law, provided that: a) The minimum number of stacking spaces shall be in accordance with the following: i) For an automatic drive through car wash, a minimum of 10 stacking spaces shall be provided in advance of the car wash, and a minimum of 2 stacking spaces shall be provided at the terminus of each line; ii) For a non-drive through or coin-operated car wash, a minimum of 2 stacking spaces shall be provided in advance of the car wash bay, excluding the car wash bay and egress from the car wash bay; iii) For a restaurant, a minimum of 10 stacking spaces shall be provided for each drive-through service window or self-serve facility, including the space at the pick-up window; or iv) For all other uses with drive-through service, such as a financial institution or pharmacy, a minimum of 4 stacking spaces shall be provided for each drive-through service window or self-serve facility, including the space at the pick-up window. b) Stacking spaces shall be 5.6 m in length and 3.0 m in width. In the case of a car wash intended for commercial vehicles or buses, stacking spaces shall be a minimum of 10.0 m in length and 3.5 m in width. SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-15 Final for Council Adoption - January 2022 c) A stacking lane or stacking spaces shall not be permitted within 15.0 m of a Residential, Park and Open Space, or Institutional Zone. d) Stacking lanes or stacking spaces shall not be located within a required minimum front yard or required minimum exterior side yard. e) Stacking lanes and stacking spaces shall not be located within a parking area or parking aisle, and shall not obstruct parking spaces. f) A drive through shall not be permitted in association with a commercial use in the Central Business District as designated on Schedule "A". 4.9 Dwellings Per Lot Except where specifically provided by this By-law, only one dwelling unit shall be permitted on a lot. 4.10 Garden Suites A garden suite may be permitted by way of a site-specific Zoning By-law amendment to allow the temporary use of a garden suite on a lot, in accordance with the following provisions: a) A garden suite shall only be permitted on a lot with a purpose designed single detached dwelling or existing semi-detached dwelling, which is legally permitted within the zone. b) A maximum of one garden suite shall be permitted on a lot. c) Where a garden suite is located on a lot, a bed and breakfast establishment, short term rental accommodation, group home, boarding house dwelling, second suite, or home occupation shall be prohibited on the same lot. d) The maximum building height of a garden suite shall be 5.0 m. e) A garden suite shall only be permitted in the rear yard, and shall be setback a minimum of 2.5 m from the rear lot line. f) The minimum interior and exterior side yard setbacks of the zone shall apply to the garden suite. SECTION 4.0 GENERAL PROVISIONS Page 4-16 City of Stratford Final for Council Adoption - January 2022 g) A garden suite shall have a maximum lot coverage of 35% of the rear yard. A garden suite shall not be included in the calculation of any other maximum lot coverage requirements. h) A garden suite shall be setback a minimum distance of 1.2 m from all buildings located on the lot. i) No driveways, other than the driveway(s) existing on the lot prior to the installation of the garden suite shall be permitted. j) The garden suite shall not exceed a maximum gross floor area of 50% of the gross floor area of the principal dwelling located on the lot. k) One additional parking spaces shall be required to accommodate a garden suite. l) Notwithstanding the requirements of this Section, the zone regulations may be varied on a site-specific basis through the Zoning By-law Amendment. 4.11 Group Homes No person shall operate a group home except in accordance with the following: a) A group home shall be permitted in a single detached dwelling, where it is permitted by this By-law, and provided that it complies with the regulations of the zone within which the group home is located. b) No other uses shall be permitted on a lot used as a group home; c) Parking for a group home shall be provided in accordance with Section 5.0 (Parking and Loading Requirements); and d) The maximum number of occupants in a group home shall be 10 persons, exclusive of staff. SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-17 Final for Council Adoption - January 2022 4.12 Height Exceptions Nothing in this By-law shall apply to restrict the height of the following structures: a) antenna; b) belfry; c) chimney; d) towers occupiable for access only, such as a spire or clock tower, in all zones except for a place of worship where permitted in a Residential Zone; e) electric power transmission tower; f) flag pole; g) construction crane; h) ornamental structure; i) roof-top elevator shaft or roof-top stairway enclosure; j) silo; k) steeple; l) a mechanical roof top penthouse containing heating, cooling or other mechanized equipment; m) tele-communications tower; n) water storage tower; and o) windmill. provided that no such structure, other than a structure of a public use, occupies in excess of 5 per cent of the lot area of the lot on which such structure is situated or, where such structure is situated on the roof of a building, ten (10) per cent of the area of such roof, and provided no such structure contains any habitable floor area. SECTION 4.0 GENERAL PROVISIONS Page 4-18 City of Stratford Final for Council Adoption - January 2022 4.13 Home Occupations A home occupation shall: a) be permitted as an accessory use in any single detached dwelling, semi- detached dwelling, converted dwelling, or a townhouse dwelling, except where specifically provided otherwise, b) not exceed twenty-five (25) percent of the total gross floor area of the dwelling to a maximum of 30 m2 of a dwelling; c) not alter the exterior of the dwelling as a residence; d) not include any open storage unless specifically permitted otherwise; e) permit the retail sales of products produced on the premises or those products directly associated with the home occupation but are restricted to a maximum of 15% of total gross floor area associated with the home occupation; f) not include the display of any advertising signage visible from the exterior of the dwelling, unless in accordance with the City's Sign By-law; g) require the provision of 1 parking space for each home occupation requiring visitation by a client not a resident therein, which may be located in a driveway in tandem with another required parking space; h) a maximum of one employee who does not reside in the dwelling is permitted on a given shift. Where an employee who does not reside in the dwelling is employed, one additional parking space shall be required; and, i) Notwithstanding paragraph a) and b) to the contrary, any dwelling or accessory building in any zone may be used by a resident of the said dwelling as the work place of: i) an author or an artist; ii) a teacher or tutor where instruction is given on a one-to-one basis, but excluding singing or dance lessons or instruction where musical or other instruments which create a nuisance are used, and provided SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-19 Final for Council Adoption - January 2022 not more than 1 person is taught, consulted, treated or instructed at any one time; iii) a personal care service, provided that not more than 1 of the necessary apparatus or appurtenances, such as a barber or hairdressing or other necessary chair, sink, or table required to serve 1 person at any one time is provided for use in such personal care service; iv) a person engaged in a business or profession or performing work related thereto where no person other than a resident of the said dwelling is required to travel to or from such dwelling and shall not involve the use of the lot as the base of operation for persons other than residents thereof who are employed by or associated with the home occupation, or shall not involve the use of the lot to assemble or rally employees or other persons for transportation to another location off the lot; or v) a hobbyist, provided that: a) no part of the lot or dwelling is used to display any goods, wares or merchandise, except where such lot is in a commercial or industrial zone. b) no part of any required floor area or required parking area is eliminated for such use; c) not more than 25 per cent of the total ground floor area of the dwelling is used for such use; or d) such use does not exceed, in total, 30 m2 of any dwelling or accessory building. 4.14 Landscaped Open Space Landscaped open space shall be provided in accordance with the provisions of the zone in which it is required, and shall be subject to the following general provisions: a) No part of any driveway, parking area, loading space, roof top terrace, or covered structures or enclosed structures or space enclosed within a SECTION 4.0 GENERAL PROVISIONS Page 4-20 City of Stratford Final for Council Adoption - January 2022 building, other than a landscaped area located above an underground parking area, shall be considered part of any required landscaped open space. b) Except as otherwise provided herein, no part of any required front yard or required exterior side yard shall be used for any purpose other than landscaped open space. c) Where landscaped open space is required abutting any lot line or elsewhere on a lot, nothing in this By-law shall apply to prevent such landscaped open space from being traversed by walkways or permitted driveways, except where prohibited in a required front yard. 4.15 Minimum Distance Separation Requirements a) Notwithstanding any other provision of this By-law no livestock facility shall be erected or enlarged unless it is in compliance with the Minimum Distance Separation II (MDS II) Formulae and guidelines developed by the province, as amended from time to time. b) No dwelling shall be erected or located on any lot in the Agricultural (A) Zone unless it complies with the requirements of the Ontario Nutrient Management Act and the Minimum Distance Separation (MDS I) Formulae and guidelines developed by the province, as amended from time to time. c) The Minimum Distance Separation (MDS) Document issued by the Ministry of Agriculture, Food and Rural Affairs shall be the formulae used for this calculation. 4.16 Model Homes and Temporary Sales Offices a) Model homes are permitted on lands that have received draft plan of subdivision or condominium approval for residential purposes provided that: i) the number of model homes does not exceed 20 units or 10% of the dwelling units draft approved in the plan of subdivision or condominium whichever is the lesser; ii) the model home is built within a lot defined by the draft approved SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-21 Final for Council Adoption - January 2022 plan of subdivision or condominium; iii) the model home complies with all other requirements of this By-law for the applicable type of dwelling unit with the exception of the parking requirements; and, iv) the buildings are used for the purpose of model homes only and shall not be occupied prior to the date of registration of the subdivision, condominium, or similar development agreement. b) Temporary sales offices for the sale of residential, employment or commercial lots or units in a plan of subdivision or condominium are permitted, subject to the following provisions: i) the temporary sales office shall not be permitted until an applicable plan of subdivision or condominium has received draft plan approval or the property is in a zone that permits the proposed development; ii) the temporary sales office shall only be permitted for such period that work within a relevant plan of subdivision or condominium remains in progress, having not been finished or discontinued for 60 days; iii) the temporary sales office shall comply with the minimum yards for the applicable zone; iv) if parking spaces are provided, the temporary sales office shall comply with the parking provisions of this By-law; and, v) the temporary sales office is located in the plan of subdivision or condominium where the lots or units are being sold. 4.17 Non-Conformity with this By-law 4.17.1 Continuation Nothing in this By-law shall apply to prevent the use of any existing lot, building or structure for any purpose prohibited by this By-law if such lot, building or structure was lawfully used for such purpose on the day of passing of this By-law, so long as it continues to be used for that purpose. SECTION 4.0 GENERAL PROVISIONS Page 4-22 City of Stratford Final for Council Adoption - January 2022 4.17.2 Repair Nothing in this By-law shall prevent the repair of an existing building or structure that was lawfully used on November 9, 2000, even though such building or structure or the lot on which such building or structure is located does not conform to one or more of the provisions of this By-law, provided that the dimensions of the original building or structure are not increased, the use thereof is not altered and the yards appurtenant thereto are not reduced except in accordance with the provisions of this By-law. 4.17.3 Extensions Nothing in this By-law shall prevent a vertical or horizontal extension or addition from being made to an existing building or structure, that was lawfully used on November 9, 2000, even though such building, structure or the use thereof, does not conform to one or more of the provisions of this By-law, provided such extension or addition itself is designed, located, used, and is otherwise in compliance with the provisions of this By- law. 4.17.4 Legal Existing Lots Where an existing lot having a lesser lot area, lot frontage or lot depth than that required herein is or has been legally held under distinct and separate ownership from abutting lots in existence prior to the effective date of this By-law, then the said lot shall be deemed to conform to the requirements of this By-law with respect to lot area, lot frontage or lot depth, and the provisions hereof respecting lot area, lot frontage and lot depth shall not apply to prevent the use of such lot, or the erection, alteration or use of a building or structure thereon in accordance with all other provisions hereof. Where this provision applies, and where more than one use or dwelling unit type is permitted and are subject to different lot area, lot frontage or lot depth requirements, then the only permitted uses or dwelling unit shall be the uses or the dwelling unit type with the most restrictive lot area, lot frontage or lot depth requirement. 4.17.5 Reduction in Lot Area Where a lot, building, structure or required parking space is deemed to be deficient of any requirement of this By-law, and that deficiency is expressly the result of acquisition or expropriation of land by a public agency, the lot, building, structure or required parking space shall be deemed to comply with the requirements of this Bylaw. SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-23 Final for Council Adoption - January 2022 4.17.6 Lots Created Through Plan of Subdivision or Consent Where a lot is created through a plan of subdivision or consent and where such lot creation, causes the lot as reduced, or any building or structure lawfully erected thereon, as of the date of such lot creation to become non-conforming with any of the requirements of this By-law, then the lot as reduced and any building or structure thereon shall be deemed to conform to the general use regulations of the applicable zone, and provided that no building or structure is erected or altered on the lot subsequent to the lot creation except in accordance with this By-law. 4.18 Outdoor Swimming Pools and Hot Tubs a) No outdoor swimming pool or hot tub, or related walls, deck or exterior walkways adjacent to such swimming pool or hot tub shall be erected anywhere except: i) in an interior side yard or rear yard on a residential lot; or ii) in a rear yard setback of a through lot in a residential zone where such lot is subject to a reserve across the rear lot line prohibiting access to the street; or iii) in any yard other than a required yard on a lot containing a hotel or private club and located within any zone other than a residential zone; and, iv) provided that such swimming pool or hot tub, or related walls, or deck are not closer than 1.0 m to any lot line or, closer to any street than the required setback, nor in any visibility triangle. b) Water circulating or treatment equipment, such as pumps, heaters or filters or accessory structures, such as a change area or storage shed, shall not be located closer than 1.0 m to any lot line. c) No outdoor swimming pool or hot tub shall be considered part of the lot coverage of a lot. SECTION 4.0 GENERAL PROVISIONS Page 4-24 City of Stratford Final for Council Adoption - January 2022 4.19 Outside Display and Sale of Goods, Materials and Merchandise Outside display and sale of goods, materials or merchandise, including vehicles, shall only be permitted, in accordance with the following provisions: a) Outside display and sale shall be accessory to a commercial use in a building provided that: i) no required parking space is used for such purposes; ii) any area used for outside display and sale shall be maintained as landscaped open space or provided and maintained with a stable surface, treated so as to prevent the raising of dust or loose particles and adequately drained; iii) no outside display or sale shall occupy lands within 3.0 m of a lot line except within the Central Business District as designated on Schedule "A"; and, iv) the outside display or sale of motor vehicles shall be setback a minimum distance of 7.5 m from the lot line of an abutting Residential Zone. 4.20 Permitted Yard Encroachments 4.20.1 Projection into Required Yards No part of any required yard shall be obstructed by any building or structure or part thereof except one or more of the following: a) accessory buildings or structures specifically permitted in a required yard elsewhere in this By-law; b) architectural adornments including, but not necessarily restricted to, sills, belt courses, chimneys, cornices, eaves, gutters, parapets and pilasters, projecting not more than 0.5 m into any required yard , except that no eaves of any building located within a residential zone shall be located closer than 0.6 m to any lot line; SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-25 Final for Council Adoption - January 2022 c) functional and ornamental structures including, but not necessarily restricted to: i) drop awnings, clothes poles, ornamental fountains, statues, monuments, cenotaphs, memorials, planters or garden trellises, not closer than 0.6 m to any lot line, ii) fences, boundary and retaining walls, planting strips and legal signs; iii) porches, decks, verandahs, sunrooms, balconies on top of porches or verandahs, terraces and exterior steps providing access between finished grade and either the basement or the first storey of a building, where such structures project not more than 2.5 m into a required front yard, a required exterior side yard or a required rear yard, provided such structures do not project into a visibility triangle, and shall not be located closer than 1.5 m to any lot line; iv) uncovered terraces, with or without walls, fences or planting strips, provided such terrace or any walls, fences or planting strips do not exceed 0.75 m in height, where such terrace, wall, fence or planting strip projects not more than 3.0 m into a required front yard or required exterior side yard, and shall not be located closer than 1.5 m to any front lot line or exterior side lot line; v) uncovered decks, patios or terraces, not exceeding 0.5 m in height above grade level, where such structures project not more than 2.5 m into a required rear yard, provided such structure is not closer than 1.0 m to any lot line; vi) uncovered decks, patios or terraces, equal to or exceeding 0.5 m in height above grade level, where such structures project not more than 2.5 m into a required rear yard, provided such structure is not closer than 3.0 m to any lot line. d) patios associated with a restaurant and other commercial uses shall comply with the following: i) patios shall have a minimum separation distance of 20 m from any residential zone; SECTION 4.0 GENERAL PROVISIONS Page 4-26 City of Stratford Final for Council Adoption - January 2022 ii) patios may have a minimum setback of 0 m in the C3 zone; iii) in other zones where a restaurant is a permitted use, a patio may encroach into the required front yard provided the patio is setback a minimum 1 m from the front lot line; iv) patios shall not be located with the visibility triangle; and v) parking shall be provided for the patio at the rate of the associated use. e) porches or steps connecting to a porch, sunrooms or verandahs where the size of such structure is not more than the minimum required by the Ontario Building Code, projecting into a required front yard, a required exterior side yard or a required rear yard in residential zones, except for the R5 zones; f) cantilevered bays having a maximum width of 3.0 m and projecting not more than 1.0 m, exclusive of eaves and cornices, into a required front yard or a required exterior side yard in residential zones; g) unenclosed fire escapes in which the stair steps and floors are latticed in such a manner that the proportion of voids to solids is not less than two to one and in which guards consist only of hand rails and the structural members necessary to their support, and which do not project more than 1.5 m into any required yard , provided such fire escape is not closer to any lot line than 0.5 m; h) balconies, other than balconies on top of porches or verandahs projecting not more than 1.5 m into any required front yard, or required exterior side yard and which do not project into any visibility triangle, and shall not be located closer than 3.0 m to a front lot line, or exterior side lot line; i) barrier free ramp required as an access to a building provided that no part of the ramp or landing are closer to any lot line than 0.8 m, is not located in a visibility triangle, and does not project more than 3.5 m into any required yard; j) window or wall-mounted furnaces, heat pumps and outdoor free-standing air conditioning units may project into any required rear yard, interior side SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-27 Final for Council Adoption - January 2022 yard, or exterior side yard a distance of not more than 1.0 m and provided it is no closer than 0.9 m to an interior or 1.5 m to a exterior lot line or 6.0 m to a rear lot line; k) window bays may project into any required front yard, rear yard or exterior side yard a distance of 0.9 m, provided the width is no greater than 3.0 m. 4.21 Planting Strips a) Where a lot occupied by a non-residential use other than a park abuts a lot in a residential zone, or where a lot in the Residential Fourth Density (R4) or Residential Fifth Density (R5) Zone abuts a lot in another residential zone, then that part of the said lot abutting such residential lot shall be used for no purpose other than a planting strip having a minimum width of 1.5 m, measured perpendicularly to the said lot line, except that where an opaque fence or wall, hedgerow or row of shrubs or combination thereof, constitutes a required planting strip, the planting strip shall have a minimum width of 0.15 m. b) Where a fence, wall, hedgerow or row of shrubs or combination thereof constitutes a required planting strip, such fence or wall shall have a minimum height of 1.5 m, and such hedgerow or row of shrubs shall have a minimum height of 1.5 m at maturity, unless otherwise required by this By-law. Within a visibility triangle, the maximum height of any such feature shall be governed by Section 4.7 (Daylight Triangles and Visibility Triangles). c) Nothing in this By-law shall apply to prevent a required planting strip from being traversed by a walkway or a permitted driveway provided that the minimum angle of intersection between such driveway and the said planting strip shall be 60 degrees. 4.22 Public Uses Nothing in this By-law, save and except for Section 4.29 (Upper Thames River Conservation Authority Regulated Area), shall apply to prevent the following uses, buildings, or structures in any zone: a) a public use where used by a public agency to provide a service to the public. SECTION 4.0 GENERAL PROVISIONS Page 4-28 City of Stratford Final for Council Adoption - January 2022 b) public utility uses and infrastructure, including, but not limited to: the installation of a watermain, sanitary sewer main, storm sewer main, pumping station, gas main, pipeline, lighting fixture or overhead or underground electrical, cable television, communications/telecommunications or other lines or associated transformers, together with any installations or structures appurtenant thereto, excluding an office or other work related structures by a public utility. c) Notwithstanding a) and b) above, new public agency and public utility uses which have noise, odour, vibration and/or dust impacts including sewage treatment plants and water intake / filtration plants shall not be permitted in a Residential Zone, except through a Zoning By-law Amendment. provided that any lot, building or structure so used shall be designed, landscaped and maintained in general harmony with neighbourhood uses. 4.23 Rooftop Mechanical Equipment and Mechanical Penthouses The following provisions shall apply where rooftop mechanical equipment is provided on any lot, not located in any Residential First Density (R1), Residential Second Density (R2), Residential Third Density (R3) or Residential Fourth Density (R4) Zone: Rooftop mechanical equipment shall be set back a minimum of 5.0 m from all edges of a roof if it is not fully enclosed within a mechanical roof top penthouse or screened by an architectural feature. 4.24 Second Suite Regulations A second suite may be permitted as an accessory use within a single-detached dwelling or semi-detached dwelling, or townhouse dwelling where permitted by this By-law, and subject to the following provisions: 4.24.1 Permitted Use Requirements a) Only one second suite shall be permitted per lot. The principal dwelling shall be a legally permitted use on the lot. b) A second suite shall not be greater than 50% of the gross floor area of the principal residential dwelling on the lot, up to a maximum size of 100 m2. SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-29 Final for Council Adoption - January 2022 c) A second suite shall have a maximum of 3 bedrooms. d) A second suite shall not be permitted on a lot with a boarding house dwelling, group home, bed and breakfast establishment, short term rental accommodation, garden suite or home occupation. e) A second suite shall only be permitted on a lot serviced by a public water supply system and a public sanitary sewer system where adequate capacity has been confirmed by the City. f) A second suite shall not be severed from the lot of the principal dwelling or converted into a separate dwelling unit through a Plan of Condominium. g) A second suite shall be permitted above the Upper Thames River Conservation Authority regulatory area. 4.24.2 Parking Requirements a) In addition to the parking requirements for the principal dwelling in accordance with the provisions of Section 5.0 (Parking and Loading Requirements), 1 additional parking space for a second suite shall be required and shall be located on the same lot. b) The required second suite parking space shall not be permitted in tandem with the required parking spaces for the principal dwelling. c) A minimum of forty (40) percent of the front yard of a lot used for a second suite shall be provided and maintained as landscaped open space and such open space shall not be utilized for parking space and/or driveway purposes. 4.24.3 Entrance Requirements a) The entrance to a second suite must be independently accessible from a common hallway or stairway inside the building or from an independent entrance from outside the building. b) Where only one entrance to the second suite is provided, it must not be from the inside of a garage, unless the garage has a separate entrance that provides direct outdoor access. SECTION 4.0 GENERAL PROVISIONS Page 4-30 City of Stratford Final for Council Adoption - January 2022 c) Where the only entrance to a second dwelling unit is provided from the rear yard or interior or exterior side yard, the entrance must be accessed by a continuous, unobstructed walkway of at least 1.0 m in width between the main wall of the building and the side lot line and a municipal number posted in accordance with City by-laws. 4.24.4 Restricted Areas a) Second suites and associated parking areas shall not be permitted within hazard lands. b) Second suites shall not be permitted on a lot that is only accessible by a private street. 4.25 Servicing Requirements a) No building shall be erected or enlarged unless the applicable lot is serviced by a public water supply system and a public sanitary sewer system. b) Notwithstanding subsection a) above, in the Agricultural (A) Zone, no building shall be erected or enlarged unless the requirements for service connections defined by the Ontario Building Code are provided. 4.26 Setbacks 4.26.1 Required Setbacks a) The minimum front yard setback and exterior side yard setback is measured from the design width of the street listed in Schedule B. b) No building or structure shall be erected closer to a street than as set out in Table 4.26.1: SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-31 Final for Council Adoption - January 2022 Table 4.26.1: Minimum Required Setbacks Street Classification Street Allowance Minimum Required Setback 1 Local Street - 7.5 m Arterial Street 30 m or greater 7.5 m 30 m or less 7.5 m plus the street widening required for that side of the existing street necessary to create a 30 m wide street allowance Two Lane Collector Street 23 m or greater 7.5 m 23 m or less 7.5 m plus the street widening required for that side of the existing street necessary to create a 23 m wide street allowance Four Lane Collector Street 30 m or greater 7.5 m 30 m or less 7.5 m plus the street widening required for that side of the existing street necessary to create a 30 m wide street allowance Additional Regulations to Table 4.26.1 Except where the setback of such building or structure is otherwise specifically set out in the zone provisions, in which case, the lesser setback shall apply, or where such building or structure is specifically permitted in a required front yard or a required exterior side yard elsewhere herein provided; however, in no case shall a private garage be setback less than 6.0 m from any street. 4.26.2 Setback Dimension Considered a Required Yard Any part of a building situated closer to a street than the required setback shall be considered a required yard for the purpose of this By-law. SECTION 4.0 GENERAL PROVISIONS Page 4-32 City of Stratford Final for Council Adoption - January 2022 4.26.3 Street Widenings a) Where the width of a street or part thereof as shown on Schedule "B" is increased hereafter and the increased width is greater that the design width of the street allowance as shown on Schedule "B", the setback required adjacent to such street or part thereof, shall be reduced by the amount of the said increase that is greater than the design width of the street allowance, provided that no required setback determined in accordance with this provision shall be less than that as set out in Section 4.7 (Daylight Triangles and Visibility Triangles). b) Where an abutting street width is less than the design width of the street allowance as indicated on Schedule "B" to this By-law, one-half of the required design width of the street allowance shall be dedicated to the agency having jurisdiction of the abutting street. 4.26.4 Established Building Lines in Residential and MUR Zones In any residential or mixed use residential zone where the lot has a frontage of not more than 20m, the required front yard depth may be reduced: a) where a vacant interior lot abuts lots on which dwellings have setbacks from the front lot line or exterior side lot line of a lesser depth than that required by this by-law, the minimum setback from the front lot line for any dwelling to be erected on the said vacant interior lot is equal to the average of the setbacks from the front lot line of the dwellings on the abutting lots but shall not be greater than the minimum front yard setback required for the zone; b) the average of the established building line on the lot, where such lot is occupied by an existing dwelling, and on the two lots between which the lot is located, in the case of a lot other than a corner lot; or c) where a vacant corner lot abuts a lot on which a dwelling has setbacks from the front lot line of a lesser depth than that required by this by-law, the minimum setback from the front lot line for any dwelling to be erected on the corner lot is equal to the setback from the front lot line of the dwelling on the abutting lot; Provided it does not conflict with Section 4.7 (Daylight Triangles and Visibility SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-33 Final for Council Adoption - January 2022 Triangles) of this By-law. 4.26.5 Exterior Side Yard Notwithstanding the minimum exterior side yard requirements of this By-law, where a corner lot is sited so that the rear yard of the lot abuts an adjacent rear yard, the exterior side yard shall be subject to the minimum setback requirement of the interior side yard. 4.26.6 Front Yard Setbacks for Specific Streets No building or structure shall be erected closer to a local street or any local street created after the date of the passing of this By-law than as setout in the applicable zone except where the setback of such building or structure is otherwise specifically listed below: Table 4.26.2: Front Yard Setback for Specific Streets Street From To Side Setback (m) Brant 4.5 Cherry 5 Cobourg Lane 4.5 Crooks Louise Blake 4.5 Daly 5 Dawson within the cul-de-sac 3 Denison within the cul-de-sac 3 Duke 4.5 Elm Nelson Dufferin north 5 Elm Railway Dufferin south 5 Grange south 5 Grange Nile Front north 4.5 Guelph south 4.5 High 4.5 Joffre within the cul-de-sac 3 Kent Lane 4.5 Kent Street 4.5 Morison within the cul-de-sac 3 Perth 5 Rebecca Nile Front 4.5 Ross 5 SECTION 4.0 GENERAL PROVISIONS Page 4-34 City of Stratford Final for Council Adoption - January 2022 Table 4.26.2: Front Yard Setback for Specific Streets Street From To Side Setback (m) T.J. Dolan 4.5 Worsley Birmingham 115 m westerly 4.5 4.27 Shipping Containers a) Shipping containers shall only be permitted on a lot as an accessory use within an, Institutional, Industrial, Agriculture, Theatre, Grand Trunk Anchor District or Commercial Zone, except in a C1 or C3 Zone. b) Shipping containers shall not be permitted in the front yard or exterior side yard. c) Shipping containers shall not be permitted within any required yard setback. 4.28 Source Protection (Wellhead Protection Areas) a) Notwithstanding any other provision of this By-law, on any lot located within each of the following geographic areas as delineated on Schedule "C", the corresponding uses or activities identified in Table 4.28 shall be prohibited. b) Notwithstanding, subsection a), where a use or activity is prohibited in Wellhead Protection Area A, Wellhead Protection Area B or Wellhead Protection Area C, as indicated in Table 4.28, and the use or activity was legally existing prior to the effective date of this By-law, the use or activity shall continue to be permitted in conformity with the Source Protection Plan and the permitted uses of the underlying zone, but no expansion of any building or structure or increased activity for the prohibited use or activity as indicated in Table 4.28 shall be permitted. Table 4.28: Prohibited Uses and Activities in Wellhead Protection Areas Area (as delineated on Schedule "C") Prohibited Uses and Activities Wellhead Protection Area A (WHPA-A) i) Land application of untreated septage; ii) The storage, treatment or discharge of tailings from mining operations; iii) The storage of hazardous or liquid industrial waste; SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-35 Final for Council Adoption - January 2022 Table 4.28: Prohibited Uses and Activities in Wellhead Protection Areas Area (as delineated on Schedule "C") Prohibited Uses and Activities iv) The storage of sewage; v) Uses, buildings or structures that would require a new septic system or septic system holding tank, with the exception of those required for a municipal water supply well; vi) Application of Non-Agricultural Source Material (NASM) to land; vii) The handling and storage of commercial fertilizer that would be stored at facilities where it would be sold or used; viii) The application of pesticides to land; ix) The handling and storage of pesticides (greater than 2500 kg) at a facility where they are manufactured, distributed or processed; x) The handling and storage of road salt in any form (solid, liquid, mixed with sand and including for the use as a dust suppressant); xi) The handling and storage of fuel; xii) The handling and storage of dense non-aqueous phase liquids (DNAPLs), through all phases of its life cycle including disposal; and xiii) The handling and storage of organic solvents, through all phases of its life cycle including disposal. Wellhead Protection Area B (WHPA-B) All of the uses and activities prohibited in WHPA-A area. Wellhead Protection Area C (WHPA-C) i) The storage of hazardous or liquid industrial waste; and ii) The storage of sewage. 4.29 Upper Thames River Conservation Authority Regulated Area (Schedule "A" Overlay) The Upper Thames River Conservation Authority's Regulated Area, as illustrated on Schedule "A" as an overlay, indicates the areas that are subject to Upper Thames River SECTION 4.0 GENERAL PROVISIONS Page 4-36 City of Stratford Final for Council Adoption - January 2022 Conservation Authority regulation under Section 28 of the Conservation Authorities Act, 1990, as amended, for any development (including site alteration), any interference with wetlands and alterations to shorelines and watercourses. In this regard, the Upper Thames River Conservation Authority must be contacted prior to any such work taking place in the Regulated Area. The underlying zone category on Schedule "A" shall apply in addition to the provisions of this Section. Development in the Conservation Authorities Act, 1990, as amended, is defined as (a) the construction, reconstruction, erection or placing of a building or structure of any kind; (b) any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure; (c) site grading; or (d) the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere. The Regulated Area overlay may differ from the area delineated on Schedule "A", as it may be subject to changes resulting from new environmental information obtained by the Upper Thames River Conservation Authority over time. The boundaries of the Regulated Area shall be determined by Upper Thames River Conservation Authority . In case of a conflict between the description of the Regulated Area in the text of the regulation and the areas as shown on Schedule A, the description of the Regulated Area in the regulation prevails. An amendment to this By-law shall not be required to update or revise the limits of the Regulated Area as illustrated on Schedule "A". The following provisions shall apply to all lands within the Upper Thames River Conservation Authority Regulated Area (on Schedule "A" or to lands that meet the description of regulated areas in Upper Thames River Conservation Authority regulation): a) Development (as defined above) is subject to Upper Thames River Conservation Authority review and may require a permit pursuant to Upper Thames River Conservation Authority regulation, prior to any works taking place. b) The Regulated Area shown on Schedule "A" may be subject to change. The final boundaries of the Regulated Area shall be determined by the Upper Thames River Conservation Authority. c) The following uses shall be prohibited in lands identified as hazard lands, as SECTION 4.0 GENERAL PROVISIONS City of Stratford Page 4-37 Final for Council Adoption - January 2022 determined by the Municipality in consultation with the Conservation Authority: i) institutional uses including hospitals, long-term care homes, retirement homes, day cares centres, and schools; ii) essential emergency services including fire, police, ambulance stations and electrical substations; and iii) uses associated with the disposal, manufacture, treatment or storage of hazardous substances, but excluding public uses and public utility uses where required. 4.30 Walkways 4.30.1 Location and Width a) Walkways shall be permitted in any yard, including a required yard, except that, where a front yard is less than 8.0 m in width, no walkway shall be permitted in addition to a driveway within the front 4.5 m of any front yard where such walkway would reduce the landscaped open space to less than 3.0 m in width. b) No walkway leading to a dwelling, other than an apartment building, shall exceed 1.5 m in width, except that, any walkway that is adjacent to, or is within 0.5 m of and runs parallel to a driveway, shall not exceed 1.0 m in width. c) Any walkway adjacent to a driveway shall be separated from such driveway by a minimum of 0.5 m of landscaped open space or by a minimum height of 10 cm above the grade of such driveway where it abuts the walkway. d) Where a walkway runs parallel to a driveway and is located directly adjacent to a driveway, the walkway shall be considered part of the driveway. e) Where a walkway runs parallel to a driveway and is located greater than 3.0m from the driveway, the walkway with a maximum width of 1.5m shall be included in the calculation of landscaped open space. SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-1 Final for Council Adoption - January 2022 SECTION 5 PARKING AND LOADING REQUIREMENTS 5.1 Minimum Parking Space Requirements a) The minimum number of parking spaces for motor vehicles shall be provided and maintained on a lot in accordance with Table 5.1. Table 5.1: Minimum Parking Space Requirements Use Minimum Number of Parking Spaces adult entertainment establishment 1.0 per 18 m2 of net floor area agricultural equipment sales or rental establishment 1.0 per 100 m2 of net floor area amusement arcade 1.0 per 15 m2 of net floor area amusement park 1.0 per 10 m2 of net floor area animal shelter 1.0 per 30 m2 of net floor area auditorium 1.0 per 18 m2 of net floor area auction sales establishment 1.0 per 30 m2 of net floor area bed and breakfast establishment Refer to Section 4.3 brew-pub 1.0 per 30 m2 of net floor area brew your own establishment 1.0 per 40 m2 of net floor area building materials yard 1.0 per 100 m2 of net floor area bus transportation terminal 1.0 per 100 m2 of net floor area car wash 1.0 in addition to the required stacking spaces as provided in Section 4.8 (Drive Through, Stacking lanes and Stacking Spaces) cemetery no minimum requirement clinic 1.0 per 15 m2 of net floor area conservation use no minimum requirement contractors' yard or shop 1.0 parking spaces per 80 m2 of net floor area convenience store 1.0 per 15 m2 of net floor area 3 crematorium 1.0 data centre 1.0 per 50 m2 of net floor area day care centre 1.0 per 35 m2 of net floor area dry cleaning establishment 1.0 per 100m2 of net floor area SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-2 City of Stratford Final for Council Adoption - January 2022 Table 5.1: Minimum Parking Space Requirements Use Minimum Number of Parking Spaces dry cleaning drop off establishment 1.0 per 30 m2 of net floor area dwelling: apartment building 1.25 per dwelling unit 1 back-to-back townhouse dwelling 1.5 per dwelling unit 1 2 boarding house dwelling 1.0 plus 1 per 2 guest rooms cluster townhouse dwelling 1.5 per dwelling unit 1 2 converted dwelling 1.0 per dwelling unit duplex dwelling 1.5 per dwelling unit quadruplex dwelling 1.0 per dwelling unit semi-detached dwelling 2.0 per dwelling unit single detached dwelling 2.0 per dwelling unit stacked townhouse dwelling 1.5 per dwelling unit 1 2 street townhouse dwelling 2.0 per dwelling unit triplex dwelling 1.0 per dwelling unit equipment rental establishment 1.0 per 30 m2 of net floor area equipment service establishment 1.0 per 30 m2 of net floor area factory store 1.0 per 30 m2 of net floor area financial institution 1.0 per 30 m2 of net floor area fitness club 1.0 per 30 m2 of net floor area food processing establishment 1.0 per 80 m2 of net floor area fuel storage depot 1.0 funeral home 1.0 per 20 m2 of net floor area garden centre 1.0 per 30 m2 of net floor area garden suite Refer to Section 4.10 gas bar 2.0 golf course 6.0 per hole, plus 1.0 per 25 m2 of net floor area for any accessory uses group home 2.0 hospice 1.0 per each resident care SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-3 Final for Council Adoption - January 2022 Table 5.1: Minimum Parking Space Requirements Use Minimum Number of Parking Spaces hospital 1.0 per 2 beds hostel 1.0 per 4 beds plus, either 1.0 additional parking space plus 1.0 loading space for the parking of a bus or 4.0 additional parking spaces hotel 1.0 per guestroom, plus 1.0 per 30 m2 of net floor area outside of a guestroom industrial mall 1.0 per 65 m2 of net floor area industrial use 1.0 per 80 m2 of net floor area inn 1.0 per guest room plus 1.0 per dwelling unit large merchandise outlet 1.0 per 30 m2 of net floor area laundromat 1.0 per 30 m2 of net floor area library 1.0 per 28 m2 of net floor area licensed gaming establishment 1.0 per 15 m2 of net floor area merchandise rental shop 1.0 per 15 m2 of net floor area merchandise service shop 1.0 per 30 m2 of net floor area motor vehicle repair shop 1.0 per 100 m2 of net floor area motor vehicle body shop 1.0 per 100 m2 of net floor area motor vehicle sales or rental establishment 1.0 per 100 m2 of net floor area motor vehicle service station 1.0 per 100 m2 of net floor area nursery 1.0 per 70 m2 of net floor area nursing home 1.0 per 3 beds office: professional office 1.0 per 50 m2 of net floor area business office 1.0 per 50 m2 of net floor area performing arts studio 1.0 per 15 m2 of net floor area personal care establishment 1.0 per 30 m2 of net floor area personal service establishment 1.0 per 30 m2 of net floor area pet grooming establishment 1.0 per 30 m2 of net floor area private club 1.0 per 30 m2 of net floor area private home day care 1.0 additional space recreational entertainment establishment 1.0 per 15 m2 of net floor area SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-4 City of Stratford Final for Council Adoption - January 2022 Table 5.1: Minimum Parking Space Requirements Use Minimum Number of Parking Spaces recreational park 1.0 per 18.0 m2 of net floor area; plus 4 parking spaces per outdoor playing court; plus 12 parking spaces per outdoor playing field recreational vehicle sales or rental establishment 1.0 per 100 m2 of net floor area place of worship 1.0 per 4 persons capacity in the largest place of assembly restaurant: drive-in restaurant 1.0 per 30 m2 of net floor area eat-in restaurant 1.0 per 10 m2 of net floor area take-out restaurant 1.0 per 10 m2 of net floor area retail store Greater than 2,000 m2 - 1.0 per 30 m2 of net floor area less than or equal to 2000 m2 - 1.0 per 25 m2 of net floor area retirement home 1.0 space for every 2 dwelling units or rooms (if units are not proposed) 1 salvage yard 1.0 per 30 m2 of gross floor area which accommodates the office and retail components of the use second suite Refer to Section 4.24 school: commercial school 1.0 per 20 m2 of net floor area elementary school 1.5 per classroom, not including any portables private school for elementary, 1.5 per classroom, not including any portables for secondary, 4.0 per classroom, not including any portables secondary school 4.0 per classroom, not including any portables post-secondary school 1.0 per classroom plus 1 per 100 m2 of net floor area scientific or medical laboratory 1.0 per 80 m2 of net floor area self-storage establishment 1.0 per 100 m2 of net floor area service trade 1.0 per 30 m2 of net floor area SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-5 Final for Council Adoption - January 2022 Table 5.1: Minimum Parking Space Requirements Use Minimum Number of Parking Spaces shopping centre Greater than 2,000 m2: 1.0 per 30 m2 of net floor area less than or equal to 2000 m2: 1.0 per 25 m2 of net floor area short term rental accommodation Refer to Section 4.3 studio 1.0 per 15 m2 of net floor area supermarket 1.0 per 30 m2 of net floor area tavern 1.0 per 6.0 m2 of net floor area taxi dispatch establishment 1.0 per 6.0 m2 of net floor area theatre 1.0 per 4 persons seating capacity theatre classroom No additional parking required if on the same lot as a theatre theatre retail store No additional parking required if on the same lot as a theatre theatre restaurant No additional parking required if on the same lot as a theatre trailer camp 1.0 per 4 camp sites truck terminal 1.0 per 100 m2 of net floor area veterinarian clinic 1.0 per 30 m2 of net floor area video rental establishment 1.0 per 15 m2 of net floor area warehouse 1.0 per 100 m2 of net floor area all other non-residential uses permitted herein 1.0 per 30 m2 of net floor area Additional Regulations for Minimum Parking Space Requirements of Table 5.1 Visitor Parking Requirements: 1 Of the total number of parking spaces required, 0.25 of the parking spaces required per dwelling shall be designated as visitor parking spaces. 2 The visitor parking spaces for a townhouse dwelling and apartment building in a condominium shall be located on a parcel of land tied to a common area. SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-6 City of Stratford Final for Council Adoption - January 2022 Other: 3 The parking rate for a convenience store accessory to a gas bar is 1.0 per 20 m2 of net floor area. 5.1.1 Shared Parking Space Requirements for Mixed Use Developments For mixed-use developments, such as apartment buildings and commercial uses, where more than one of the uses listed in Table 5.1.1 are located on the same lot, the overall parking space requirement may be reduced through the sharing of parking spaces, and the cumulative total of parking spaces required for all the uses on the lot may be calculated as follows: a) Calculate the minimum required parking spaces for each use in the mixed- use development in accordance with Section 5.1 (Minimum Parking Space Requirements) of this By-law; b) Multiply the number of parking spaces required in the By-law by the occupancy rate for each use in each of the three time periods in Table 5.1.1; c) For each time period add the parking space calculations for all the uses to arrive at a cumulative total; and d) The largest cumulative total of all the uses in any time period is the minimum number of required parking spaces required for the lot. All required parking spaces must be accessible for all uses at all times and may not be reserved for any specific use. SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-7 Final for Council Adoption - January 2022 Table 5.1.1: Shared Parking Space Formulae Use Morning Occupancy Rate Afternoon Occupancy Rate Evening Occupancy Rate Office (including a clinic, professional office, or business office) 1.00 0.95 0.10 Retail/Commercial Use, Shopping Centre 0.60 1.00 0.85 Restaurant 0.20 0.60 1.00 Visitor Parking for an Residential Dwelling 0.20 0.35 1.00 Hotel 0.70 0.70 1.00 5.1.2 Calculation of Required Parking Spaces 5.1.2.1 Rounding Where part of a parking space is required, such part shall be considered one parking space for the purpose of calculating the minimum total parking space requirements. 5.1.2.2 Multiple Uses on a Lot Where a building or structure, other than a shopping centre or an industrial mall, or lot accommodates more than one use, the parking space requirements for the lot shall be the sum of the requirements for the individual uses, unless the Section 5.1.1 (Shared Parking Spaces for Mixed Use Developments) apply. 5.1.2.3 Building Additions and Change of Use Parking spaces shall be provided for any addition to a building or structure or a change in use, except that, where a building or structure has less than the required parking spaces as of the effective date of this By-law, this By-law shall not be interpreted to require that the deficiency be made up in the event of an addition or change of use provided that any parking required for such addition or change of use is provided. SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-8 City of Stratford Final for Council Adoption - January 2022 5.2 Parking Space Dimensions and Requirements a) A parking space not located in a private garage shall have a minimum width of 2.8 m and a minimum length of 5.6 m, except that: i) the minimum width shall be 2.4 m for a parking space associated with a single detached dwelling, converted dwelling, semi-detached dwelling, or a townhouse dwelling; ii) the minimum width for a parking space, other than for a single detached dwelling, converted dwelling, semi-detached dwelling or a townhouse dwelling, shall be 3.0 m where the side of such parking space abuts either a lot line; a wall; or other obstruction or part thereof which is 0.2 m or more in height above the surface of such parking space in any area where a vehicle door would open; iii) a parallel or angled parking space which is less than 59 degrees shall have a minimum width of 2.8 m and a minimum length of 6.5 m. b) The minimum dimensions of a parking space located in a private garage shall be 5.6 m in length and: i) the minimum width shall be 2.8 m; ii) the minimum width of a private garage opening providing access to a parking space shall be 2.4 m. c) The minimum dimension of a parking space provided with the length parallel to the aisle or driveway shall be 2.8 m in width and 6.8 m in length. d) All required parking spaces shall be provided on the same lot occupied by the building, structure or use for which such parking spaces are required. Notwithstanding the above, in a Commercial, Industrial or Institutional zone, any amount of the required number of parking spaces may be provided on another lot that is located within 200 m of the subject lot. Where any parking spaces are provided on another lot in which the use is located, a Site Plan Agreement or other agreement shall be executed with the City. Such SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-9 Final for Council Adoption - January 2022 agreement shall be registered on the title of the lands used for the parking spaces to ensure the required number of parking spaces on the subject lot are retained. Notwithstanding the above, required visitor parking spaces, barrier free parking spaces, loading spaces and bicycle parking spaces, where required by this By-law, shall not be accommodated on another lot. 5.3 Driveway, Parking Aisle and Parking Area Requirements 5.3.1 Driveway and Parking Aisles Dimensions a) Driveways leading directly to a parking area, and parking aisles shall have a minimum unobstructed width of 6.0 m where two-way traffic is permitted, except that: i) the minimum driveway width required for any driveway associated with a single detached dwelling, semi-detached dwelling, or townhouse dwelling shall be 2.4 m; ii) the minimum driveway width required for any driveway providing access to no more than 4 parking spaces required for a residential dwelling, exclusive of any right-of-way, shall be 3.0 m, regardless of the direction of traffic flow; iii) the minimum driveway width required for any driveway associated with an existing building in the MUR zone, providing access to no more than 8 parking spaces, shall be 3.0 m, regardless of the direction of traffic flow. The minimum driveway width required for any driveway associated with an existing building in the MUR zone, providing access to 8 or more parking spaces, shall be 3.5 m; and iv) where one-way direction of traffic flow is permitted and indicated by signs and markings, where required the minimum parking aisle width shall be as indicated in Table 5.3.1, and as illustrated on the following figure: SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-10 City of Stratford Final for Council Adoption - January 2022 Table 5.3.1: Minimum Aisle Width for One-way Traffic Angle of Parking Space (A) Dimension Minimum Aisle Width (m) (B) Dimension 0° - 40° parking 3.5 m 41° - 55° parking 4.5 m 56° - 70° parking 5.5 m 71° - 90° parking 6.0 m Illustration of one-way aisle width requirements based on angle of parking space b) The maximum width of a driveway associated with: i) a dwelling shall be 8.0 m, except that: - no driveways shall exceed in total width, one-half the width of the lot facing the street; and, - no driveway leading directly to a parking area shall exceed the width of the parking area to which the driveway leads, within the required yard setback. Notwithstanding, where a parking area is 5.5 m in width or less, the driveway may have a maximum width of 5.5 m or 40% of the width of the lot, whichever is the lesser. SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-11 Final for Council Adoption - January 2022 ii) an industrial use in an Industrial Zone shall be 10.0 m; and iii) any other use or building not specified herein shall be 9.0 m; which shall be measured parallel to the street, at any point on the lot closer to the street than the setback required. 5.3.2 Location of Driveways, Parking Areas and Parking Aisles a) Except as otherwise provided herein, driveways shall be permitted in any yard, including any required yard. b) The location of uncovered surface parking areas and parking aisles are prohibited in required yard setbacks, except in accordance with Table 5.3.2, and unless otherwise legally permitted prior to the passing of this By-law. Table 5.3.2: Location of Driveways, Parking Areas and Parking Aisles Use Where Parking Areas & Parking Aisles are Permitted Special Requirements i) Single detached dwelling Semi-detached dwelling Boarding house dwelling Converted dwelling Group home Street townhouse dwelling Permitted in a driveway in the required front yard setback, interior side yard setback, or rear yard setback. none SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-12 City of Stratford Final for Council Adoption - January 2022 Table 5.3.2: Location of Driveways, Parking Areas and Parking Aisles Use Where Parking Areas & Parking Aisles are Permitted Special Requirements ii) Duplex dwelling Triplex dwelling Quadruplex dwelling Cluster townhouse dwelling Stacked townhouse dwelling Back-to-back townhouse dwelling Permitted in a driveway in the required front yard setback, interior side yard setback, or rear yard setback. Permitted in a parking area in the required interior side yard setback or rear yard setback. Permitted in a parking area in the front yard or exterior side yard, but not within a required front yard or exterior side yard setback. Cannot be located closer than 0.5 m to any interior side lot line or 1.5 m to a rear lot line. iii) Apartment building Permitted in a parking area in the required interior side yard setback and required rear yard setback. Permitted in a parking area in the front yard or exterior side yard, but not within a required front yard or exterior side yard setback. Parking Areas and parking aisles must be separated from any lot line by a planting strip in accordance with Section 4.21 (Planting Strips). SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-13 Final for Council Adoption - January 2022 Table 5.3.2: Location of Driveways, Parking Areas and Parking Aisles Use Where Parking Areas & Parking Aisles are Permitted Special Requirements iv) All other uses Permitted in a parking area in the required interior side yard setback and required rear yard setback. Permitted in a parking area in the front yard or exterior side yard, but not within a required front yard or exterior side yard setback. Parking areas and parking aisles must be separated from any lot line by a planting strip in accordance with Section 4.21 (Planting Strips). SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-14 City of Stratford Final for Council Adoption - January 2022 Table 5.3.2: Location of Driveways, Parking Areas and Parking Aisles Use Where Parking Areas & Parking Aisles are Permitted Special Requirements v) Any use on a lot abutting an arterial or four lane collector street on Schedule "B" Permitted in a parking area in the required front yard, exterior side yard, interior side yard and rear yard setback. Parking areas and parking aisles must be separated from any lot line by a planting strip in accordance with Section 4.21 (Planting Strips). Parking areas and parking aisles cannot be located less than 7.5 m from the street line where the street is shown as having a width of 30 m or greater on Schedule "B," and parking areas and parking aisles cannot be located less than 7.5 m plus the amount required from that side of the street to create a 30 m wide street where the street is shown as having an existing width of less than 30 m on Schedule "B". Additional Regulations for Table 5.3.2 1. Notwithstanding the provisions of Table 5.3.2, for a through lot, driveways, parking areas and parking aisles may be permitted in a required rear yard setback, provided a parking area and parking aisle is located no closer than 0.5 m to an interior side lot line and 1.5 m to a rear lot line or exterior side lot line. 2. A driveway, parking area, or parking aisle may be established closer than 1.5 m to any lot line abutting a lot with an existing structure in the MUR Zone. 3. Nothing in this By-law shall prevent a driveway from crossing a lot line in order to SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-15 Final for Council Adoption - January 2022 provide access to a lot from either an abutting lot or an improved street. 4. More than one of the provisions of Table 5.3.2. may apply to a lot. 5.3.2.1 Central Business District Notwithstanding Section 5.3.2 (Location of Driveways, Parking Areas and Parking Aisles), for any non-residential, mixed-use development, or apartment building in the CBD, no parking area shall be permitted in any part of the front yard and/or exterior side yard that is located between the front and/or exterior side face of the building and the front lot line and/or exterior side lot line. 5.3.3 Access to Parking Areas and Parking Spaces a) Access to parking areas shall be provided from an improved street by means of one or more unobstructed driveways, provided that: i) in any zone, other than a C4 zone, no lot shall have more than one driveway located within 30 m of another driveway, measured along the street line, and, ii) in a C4 zone, the minimum distance between any driveway providing access to one or more lots, shall not be located within 30 m of another driveway, measured along the street line. b) Every required parking space shall be accessible to a vehicle at all times and vehicular access to any such parking space shall not be impeded by any obstruction except as otherwise provided herein. c) Nothing in this subsection shall apply to prevent the erection of a gate, a temporary barrier or similar obstruction used solely to restrict access over a driveway and designed to be raised, swung aside or otherwise opened or removed when necessary to permit passage of a vehicle. d) Nothing in this subsection shall apply to prevent tandem parking within a driveway exclusively devoted to a single dwelling unit to a depth of two vehicles, and in accordance with any other provisions of this By-law. Tandem parking shall not be permitted for designated visitor parking spaces. e) The minimum angle of intersection between a driveway and a street line SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-16 City of Stratford Final for Council Adoption - January 2022 shall be 60 degrees. f) The minimum distance between a point of intersection of street lines and a driveway providing access to a lot from an improved street, measured along the street line, shall be the greater of 7.5 m or the requirements of Section 4.7 (Daylight Triangles and Visibility Triangles), except that: i) in a C4 zone, the minimum shall be 25 m; ii) where an arterial street intersects an arterial street or a collector street, the minimum for the arterial street shall be: where the street allowance is 30 m or greater, 15 m, measured from that intersection, and, where the street allowance is less than 30 m, 15 m plus if applicable the street widening required for that side of the existing street necessary to meet the design width of the street in Schedule B measured from that intersection; iii) where a four lane collector street intersects an arterial street or a collector street, the minimum for the four lane collector street shall be: where the street allowance is 30 m or greater, 10 m, measured from that intersection, and, where the street allowance is less than 30 m, 10 m plus if applicable the street widening required for that side of the existing street necessary to meet the design width of the street in Schedule B measured from that intersection. iv) where a two lane collector street intersects an arterial street or a collector street and the street allowance is less than 23 m, the minimum shall be 7.5 m plus if applicable the street widening required for that side of the existing street necessary to meet the design width of the street in Schedule B measured from that intersection. g) Where a two-way driveway is divided into two one-way driveways by a curb, SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-17 Final for Council Adoption - January 2022 an area of landscaped open space, or any other obstruction, such driveway shall, for the purposes of this subsection, be considered a single driveway. h) Nothing in this subsection shall apply to prevent the use of a right-of-way as a means of obtaining access to a parking area provided the said right-of-way has been established for such purpose. i) Nothing in this subsection shall apply to prevent the establishment of driveways or parking aisles abutting a common lot line, provided the combined width of such abutting driveways does not exceed the width outlined in section 5.3.1b). j) Nothing in this subsection shall apply to prevent the establishment or use of a circular or semi-circular driveway for the purpose of loading or unloading passenger or other vehicles, even though such driveway may not lead to a parking area or may be located within a required yard, provided that such driveway: i) complies with all provisions hereof regulating driveways at any point where the said driveway intersects a street line; and, ii) does not provide direct access to any parking space except where the said driveway complies with all provisions herein regulating parking aisles or constitutes a driveway accessory to a single detached dwelling. k) Vehicular access from a driveway or parking aisle leading directly from a parking area or a loading space to a street shall be provided in a forward vehicular motion in any zone, except in a Residential Zone, where the driveway provides access to no more than 2 dwelling units. 5.3.4 Surfacing of Parking Areas, Driveways and Loading Spaces a) All parking areas, driveways, and loading spaces in any zone other than a Parks and Open Space Zone, an Industrial Zone, or an Agricultural Zone shall be provided and maintained with a stable treated surface so as to prevent the raising of dust or loose particles, such surface to be constructed of: asphalt, concrete, brick, interlocking brick, permeable paving, cement, or other similar hardscape surface, sufficient to provide stability, prevent SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-18 City of Stratford Final for Council Adoption - January 2022 erosion, be usable in all seasons, and allow infiltration of surface water and provide adequate drainage facilities. b) Except as otherwise provided herein, the land in any required yard on a lot adjacent to a driveway shall be maintained as landscaped open space. 5.3.5 Large Surface Parking Area Requirements a) Where large surface parking areas are proposed, which comprise over 50 parking spaces on a lot, in a Residential Zone, Commercial or Mixed Use Zone, or Institutional Zone, the following requirements shall apply: i) A minimum of 15% of the surface parking area, above and beyond the required landscaped open space, shall comprise landscaped traffic islands or landscaped strips, which may include signed pedestrian walkways, tree/shrub plantings, decorative fencing or low walls. ii) Large surface parking areas shall be divided into smaller parking areas through the use of soft and hard landscaping in order to minimize the amount of contiguous paved surface parking areas. Parking rows which exceed 50m in length shall be subdivided through landscaped breaks such as landscaped traffic islands or landscaped strips. 5.3.6 Maximum Number of Driveways a) A maximum of one driveway access is permitted to cross a front lot line or exterior lot line if the applicable lot line is less than 18.0 m in width. b) Notwithstanding subsection (a) above, one driveway per dwelling unit is permitted on a block designated for semi-detached or condominium townhouse dwellings provided the driveway meets all provisions of this By- law as they would apply to the future lot. c) Notwithstanding subsection (a) above, two driveways are permitted on a lot with a triplex dwelling or quadruplex dwelling. SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-19 Final for Council Adoption - January 2022 5.3.7 Parking Provisions for Other Vehicles Associated with Residential Uses This Section applies to the parking of the vehicles on any lands used for a dwelling in a Residential Zone. 5.3.7.1 Commercial Vehicles Parking in a driveway of one commercial vehicle is permitted provided the commercial vehicle: a) does not exceed a maximum vehicle length of 6.0 m; and, b) does not exceed a maximum vehicle height of 2.3 m. 5.3.7.2 Recreational Vehicles The following regulations shall apply to parking of recreational vehicles in a Residential Zone: a) any trailer or recreational vehicle that does not exceed a height of 2.3 m and a length of 7.0 m exclusive of hitch or tongue may be parked in any exterior yard, interior side yard or rear yard year-round; b) any trailer or recreational vehicle that does not exceed a height of 2.3 m and a length of 7.0 m exclusive of hitch or tongue may be parked on a driveway only between May 1st and October 31st; c) any trailer or recreational vehicle that exceeds a height of 2.3 m and a length of 7.0 m exclusive of hitch or tongue may be parked on a lot only between May 1st and October 31st and only in any exterior yard, interior side yard, or rear yard. The trailer or recreational vehicle shall be set back 7.5 m from the exterior lot line; d) the maximum total number of trailers and recreational vehicles permitted on a lot is two. e) parking shall be accommodated on the lot and not located within a daylight SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-20 City of Stratford Final for Council Adoption - January 2022 triangle or visibility triangle in accordance with Section 4.7; and f) no trailer or recreational vehicle shall be used for the living, sleeping or accommodation of persons for a period of more than 15 consecutive days. The lot on which the trailer or recreational vehicle is used must have a residential dwelling unit. 5.3.7.3 Prohibited Motor Vehicle Parking The parking and storage of the following vehicles are prohibited outside of a building on all lots in a Residential Zone: a) unlicensed motor vehicles; b) motor vehicles equipped with more than three axles, excluding space wheels designed to support the vehicle when parked or stored; c) buses; d) vehicles designed to run only on rails; e) farm tractors; f) construction vehicles; g) tracked vehicles, except for snowmobiles; and, h) vehicles in a wrecked, dismantled, or inoperative condition. 5.3.8 Structured and Underground Parking Areas a) Nothing in this By-law shall apply to prohibit the location of an underground parking area in any yard, provided that no part of any underground parking area shall be situated above finished grade in any required yard. b) Where above grade parking structures are proposed in the CBD, and where a commercial parking lot is not the principal use of the lot, the ground floor level of the parking structure that abuts a front yard or exterior side yard shall consist of commercial or office uses, or common areas associated with SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-21 Final for Council Adoption - January 2022 a mixed use development or apartment building, where permitted, to appropriately screen the parking structure and minimize visual impact. 5.3.9 Parking Shelters a) Nothing in this By-law shall prevent the erection of a building or structure for use solely by parking attendants in any part of a parking area, except within a visibility triangle, provided such building or structure is not more than 4.5 m in height and has a floor area of not more than 5.0 m2. b) No gas bar or motor vehicle service station shall be located on, or maintained in any parking area, except where specifically permitted herein. 5.4 Barrier Free Parking Space Requirements The following requirements shall apply to the provision of barrier free parking spaces, in addition to the other parking space, parking area, and parking aisle requirements of this By-law. 5.4.1 Minimum Barrier Free Parking Spaces The required minimum number of barrier free parking spaces shall be calculated based on, and included, in the total number of parking spaces required on the lot, in accordance with Table 5.4.1. Table 5.4.1: Minimum Barrier Free Parking Spaces Total Number of Required Parking Spaces Minimum Number of Barrier Free Parking Spaces 1 2 1 to 12 1 (required to be a Type A barrier free parking space) 13 to 100 4% of total 101 to 200 1 + 3% of total 201 to 1,000 2 + 2% of total Over 1,000 11 + 1% of total SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-22 City of Stratford Final for Council Adoption - January 2022 Additional Regulations for Table 5.4.1 Barrier free parking spaces shall not be required for residential uses, except for apartment buildings, stacked townhouse dwellings, back-to-back townhouse dwellings, and cluster townhouse dwellings, where they shall be calculated and designated based on the required number of parking spaces. Barrier free parking spaces for a retirement home, hospice and nursing home shall be calculated and designated in accordance with Table 5.4.1. 5.4.2 Calculation of Barrier Free Parking Spaces 5.4.2.1 Rounding Where part of a barrier free parking space is required, such part shall be considered one barrier free parking space for the purpose of calculating the minimum total barrier free parking space requirements. 5.4.2.2 Type of Barrier Free Parking Spaces Required a) Where an even number of barrier free parking spaces are required, an equal number of Type A and Type B barrier free parking spaces must be provided. b) Where an odd number of barrier free parking spaces are required, the number of barrier free parking spaces must be divided equally between Type A and Type B barrier free parking spaces, but the additional odd-numbered barrier free parking space may be a Type B barrier free parking space. 5.4.2.3 Building Additions and Change of Use Barrier free parking spaces shall be provided for any addition to a building or structure or a change in use, except that, where a building or structure has less than the required barrier free parking spaces as of the effective date of this By-law, this By-law shall not be interpreted to require that the deficiency be made up in the event of an addition or change of use provided that any barrier free parking space required for such addition or change of use is provided. SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-23 Final for Council Adoption - January 2022 5.4.3 Barrier Free Parking Space Dimensions and Requirements a) The minimum dimension for a Type A barrier free parking space shall be 5.6 m in length, 3.4 m in width, and a vertical clearance of 2.59 m indoor and 2.75 m outdoor, in addition to an adjacent unobstructed pedestrian access aisle width of 1.5 m. b) The minimum dimension for a Type B barrier free parking space shall be 5.6 m in length, 2.8 m in width, and a vertical clearance of 2.0 m, in addition to an adjacent unobstructed pedestrian access aisle width of 1.5 m. Illustration of Type A and Type B Barrier Free Parking Spaces c) The 1.5-m unobstructed pedestrian access aisle may be shared by two abutting barrier free parking spaces and must meet the following requirements: i) the unobstructed pedestrian access aisle shall extend the full length of the barrier free parking space; and ii) the unobstructed pedestrian access aisle shall be marked with high tonal contrast diagonal lines, to discourage parking in them, where the surface is asphalt, concrete or some other hard surface. SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-24 City of Stratford Final for Council Adoption - January 2022 d) Barrier free parking spaces shall be designated with a painted accessibility insignia and a sign. e) Barrier free parking spaces shall be designated from the parking spaces located closest to the principal building entrance or entrances that are accessible from the parking area. f) The paths between the barrier free parking spaces and the building(s) principal entrance shall be accessible to persons with disabilities, such as being level with the finished grade through appropriate means such as ramps and depressed curbs, and comprise a hard surface such as asphalt, concrete or some other hard surface. 5.4.4 Minimum Loading Space Requirements The minimum number of loading spaces shall be provided and maintained on a lot in accordance with Table 5.5.1. Table 5.5.1: Minimum Loading Space Requirements Use Minimum Number of Required Loading Spaces Residential Uses i) Building containing less than 30 apartment dwelling units None ii) Building containing 30 or more apartment dwelling units 1 Offices and Clinics i) Less than 2,000.0 m2 of gross floor area None ii) 2,000 m2 of gross floor area up to and including 10,000 m2 of gross floor area 1 iii) More than 10,000 m2 of gross floor area 2 Other Commercial, Institutional and Industrial Uses i) less than 500 m2 None ii) over 500 m2 up to and including 2,500 m2 1 SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-25 Final for Council Adoption - January 2022 Table 5.5.1: Minimum Loading Space Requirements Use Minimum Number of Required Loading Spaces iii) over 2,500 m2 up to and including 10,000 m2 2 iv) over 10,000 m2 2, plus 1 additional space for each 10,000 m2 of total net floor area of part thereof in excess of 10,000 m2 5.4.5 Calculation of Loading Spaces 5.5.2.1 Rounding Where part of a loading space is required, such part shall be considered one loading space for the purpose of calculating the minimum total loading space requirements. 5.5.2.2 Multiple Uses on a Lot Where a building or structure accommodates more than one type of use, other than a shopping centre or an industrial mall, as defined in this By-law, the loading space requirement for the whole building shall be the sum of the requirements for the separate parts of the building occupied by the separate uses. 5.5.2.3 Building Additions Where a building or structure had insufficient number of loading spaces at the date of the passing of this By-law to comply with the requirements herein, this By-law shall not be construed to require that the deficiency be made up prior to the construction of any addition. No addition may be built and no change of use may occur, however, the effect of which would be an increase in that deficiency. 5.4.6 Loading Space Dimensions and Requirements a) A loading space shall have a minimum dimension of 3.5 m by 9.0 m and a minimum vertical clearance of 4.0 m. b) A loading space shall be unobstructed, and free of any structures and SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-26 City of Stratford Final for Council Adoption - January 2022 encroachments. 5.4.7 Location of Loading Spaces The location of loading spaces shall be provided in accordance with the following: a) a loading space shall not be permitted in any required setback, a required front yard or required exterior side yard; b) a loading space shall not be permitted between the main wall of a building oriented toward a front lot line or exterior side lot line and the applicable front lot line or exterior side lot line; c) a loading space shall abut the building for which the loading space is provided; and d) no part of any loading space shall be located closer than 7.5 m to any interior side lot line or rear lot line abutting a Residential Zone, except if it is located entirely within a structure; and no closer than 1.0 m to any interior side lot line or rear lot line abutting any other zone. 5.4.8 Access to Loading Spaces Access to loading spaces shall be provided by means of one or more unobstructed driveways which: a) have a minimum unobstructed width of at least 3.5 m, regardless of the direction of traffic flow; b) all loading spaces and access thereto, are contained within the lot on which such loading spaces are located and lead either to an improved street or to a lane not less than 6.0 m in width; c) vehicular access and manoeuvering to and from a loading space shall be accommodated on the lot; d) comply in all other respects with the requirements for driveways providing access to parking areas and spaces set out in Section 5.0 (Parking and Loading Requirements). SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-27 Final for Council Adoption - January 2022 5.5 Bicycle Parking Requirements 5.5.1 Minimum Bicycle Parking Space Requirements The minimum number of permanent bicycle parking spaces shall be provided and maintained on a lot in accordance with Table 5.6.1. Table 5.6.1: Minimum Bicycle Parking Space Requirements Use Minimum Number of Bicycle Parking Spaces Residential Uses: Apartment building 0.25 spaces per dwelling unit Back-to-back townhouse dwelling 0.25 spaces per dwelling unit Cluster townhouse dwelling 0.25 spaces per dwelling unit Stacked townhouse dwelling 0.25 spaces per dwelling unit Retirement Home 0.25 spaces per required visitor parking spaces Office and Commercial Uses: Business Office, Professional Office or Clinic 2.0 spaces plus 1.0 per 1,000 m2 of gross floor area Eat-in Restaurant, Take-Out Restaurant 2.0 spaces plus 1.0 space per 500 m2 of gross floor area Inn 0.25 spaces per guest room Retail Store, Shopping Centre, or any retail commercial use 2.0 spaces plus 1.0 per 1,000 m2 of gross floor area Institutional Uses: School, Elementary 1.0 space per classroom School, Secondary 1.0 space per classroom School, Post-Secondary 1.0 space per classroom School, Private 1.0 space per classroom School, Commercial 1.0 space per classroom All other institutional uses 2 spaces plus 1.0 per 500 m2 of gross floor area Industrial Uses: All industrial uses 2 spaces plus 0.25 spaces per 1,000 m2 of gross floor area SECTION 5.0 PARKING AND LOADING REQUIREMENTS Page 5-28 City of Stratford Final for Council Adoption - January 2022 5.5.2 Calculation of Bicycle Parking Spaces 5.6.2.1 Rounding Where part of a bicycle parking space is required, such part shall be considered one bicycle parking space for the purpose of calculating the minimum total bicycle parking space requirements. 5.6.2.2 Multiple Uses on a Lot Where a building or structure accommodates more than one type of use, as defined in this By-law, the bicycle parking space requirement for the whole building shall be the sum of the requirements for the individual uses. 5.6.2.3 Building Additions and Change of Use Bicycle parking spaces shall be provided for any addition to a building or structure or a change in use, except that, where a building or structure has less than the required bicycle parking spaces as of the effective date of this By-law, this By-law shall not be interpreted to require that the deficiency be made up in the event of an addition or change of use provided that any bicycle parking required for such addition or change of use is provided. 5.5.3 Bicycle Parking Space Dimensions and Parking Area Requirements a) A bicycle parking space shall be an unobstructed space with a minimum dimension of 0.6 m wide by 1.8 m in length. A permanent bicycle rack shall be provided to enable a bicycle to be locked in place. b) A bicycle parking space shall be accessed by an unobstructed aisle with a minimum width of 1.5 m. c) A bicycle parking space shall be provided with convenient access to the principal building entrance and shall be located within 35 m of a principal building entrance and shall not occupy or impede any pedestrian access or parking area. d) Notwithstanding any other provision of this By-law, bicycle parking spaces shall be permitted in any required yard, provided they are located no closer SECTION 5.0 PARKING AND LOADING REQUIREMENTS City of Stratford Page 5-29 Final for Council Adoption - January 2022 than 0.6 m to any lot line, and shall not be located within a visibility triangle. 5.5.4 Provision of Additional Bicycle Parking Spaces One required vehicle parking space (exclusive of barrier free and visitor parking spaces) may be reduced from the total required number of vehicle parking spaces on a lot for every 5 bicycle parking spaces provided in excess of the required number ofbicycle parking spaces, provided the overall number of required parking spaces are not reduced by more than 5% of the total required parking spaces. 5.6 Central Business District Exemption Notwithstanding any requirements of this By-law to the contrary, the following shall apply to the Central Business District as designated on Schedule "A": a) For any legally existing building, structure or use established on or before the effective date of this By-law, and provided there is no increase in the overall gross floor area on the lot, no parking spaces, barrier free parking spaces, loading spaces, or bicycle parking spaces shall be required. b) Parking spaces and bicycle parking spaces required by this By-law for non- residential uses shall not be required for a lot in the Central Business District if the City enters into an agreement with the landowner respecting the payment of cash-in-lieu for some or all of the required parking spaces or bicycle parking spaces, in accordance with Section 40 of the Planning Act. SECTION 6.0 RESIDENTIAL ZONES City of Stratford Page 6-1 Final for Council Adoption - January 2022 SECTION 6 RESIDENTIAL ZONES No land shall be used, no buildings or structures shall be erected and no lot shall be altered in the Residential Zones except in accordance with the applicable General Provisions (Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following: 6.1 List of Applicable Zones Residential First Density R1 Residential Second Density R2 Residential Third Density R3 Residential Fourth Density R4 Residential Fifth Density R5 Mixed Use Residential MUR 6.2 Permitted Uses Uses permitted in the Residential Zones are denoted by the symbol "✓" in the column applicable to that zone and corresponding with the row for a specific permitted use in Table 6.2, below. Where the letter "E" is identified following the symbol "✓", only legally existing uses shall be permitted. Table 6.2: Permitted Uses in the Residential Zones Uses R1 R2 R3 R4 R5 MUR Residential Uses: apartment building ✓ E ✓ cluster housing ✓ (R4(2), R4(3), R4(4)) boarding house dwelling ✓ ✓ converted dwelling ✓ ✓ ✓ SECTION 6.0 RESIDENTIAL ZONES Page 6-2 City of Stratford Final for Council Adoption - January 2022 Table 6.2: Permitted Uses in the Residential Zones Uses R1 R2 R3 R4 R5 MUR duplex dwelling ✓ ✓ E dwelling unit ✓ group home ✓ ✓ ✓ linked dwelling ✓ quadruplex dwelling ✓ ✓ E retirement home ✓ ✓ semi-detached dwelling ✓ single detached dwelling ✓ ✓ ✓ ✓E street townhouse dwelling ✓ (R4(1)) triplex dwelling ✓ Commercial Uses: business office ✓ clinic ✓ commercial school ✓ day care centre ✓ ✓ ✓ hostel ✓ inn ✓ personal care establishment ✓ pet grooming establishment ✓ SECTION 6.0 RESIDENTIAL ZONES City of Stratford Page 6-3 Final for Council Adoption - January 2022 Table 6.2: Permitted Uses in the Residential Zones Uses R1 R2 R3 R4 R5 MUR professional office ✓ studio ✓ Institutional Uses: elementary school ✓ ✓ hospice ✓ ✓ nursing home ✓ E ✓ ✓ place of worship ✓ ✓ ✓ private school ✓ 6.3 Special Use Regulations 6.3.1 Residential First Density (R1) Zone None 6.3.2 Residential Second Density (R2) Zone 6.3.2.1 Boarding House Dwelling a) Maximum Number of Guest Rooms 4 6.3.2.2 Converted Dwelling a) Maximum Number of Dwelling Units 2 6.3.3 Residential Third Density (R3) Zone 6.3.3.1 Boarding House Dwelling a) Maximum Number of Guest Rooms 4 6.3.4 Residential Fourth Density (R4) Zone 6.3.4.1 Cluster housing may be in the form of semi-detached, single, townhouse, back- to-back and stacked dwellings. SECTION 6.0 RESIDENTIAL ZONES Page 6-4 City of Stratford Final for Council Adoption - January 2022 6.3.5 Residential Fifth Density (R5) Zone None 6.3.6 Mixed Use Residential (MUR) Zone 6.3.6.1 Business Office, Clinic, Commercial School, Personal Care Establishment, Pet Grooming Establishment, Private School, Professional Office, Studio A business office, clinic, commercial school, personal care establishment, pet grooming establishment, private school, professional office or studio shall: a) be restricted to an existing dwelling which shall contain at least 1 dwelling unit; b) not change the external character of the dwelling as a residence; c) not use the front yard or exterior side yard for parking, other than a driveway; d) be restricted to the ground floor only. 6.3.6.2 Inn a) Permitted Buildings existing 6.3.6.3 Hostel a) Permitted Buildings existing 6.3.6.4 Existing Single Detached Dwellings The alteration of existing single detached dwellings and the erection or alteration of buildings accessory thereto shall be permitted in accordance with the regulations of the applicable Residential Zone. 6.4 General Use Regulations No person shall within any Residential Zone use or permit the use of any lot or erect, alter or use any building or structure except in accordance with the zone standards in Tables 6.4.1 - 6.4.5 below. Any numbers in parentheses following the particular SECTION 6.0 RESIDENTIAL ZONES City of Stratford Page 6-5 Final for Council Adoption - January 2022 regulation, zone heading, or applicable standard indicates that one or more additional regulations apply to buildings and structures in the applicable zone. These additional regulations are listed below each of the Regulations Tables. 6.4.1 Residential First Density (R1) Zone Table 6.4.1: Regulations in the Residential First Density (R1) Zone Zone Variation Standard 1 R1(1) R1(2) R1(3) R1(4) R1(5) Lot Area: Interior lot 450 m2 600 m2 450 m2 360 m2 300 m2 Lot Area: Corner lot 550 m2 750 m2 600 m2 540 m2 450 m2 Lot Frontage: Interior lot 18 m 20 m 15 m 12 m 10 m Lot Frontage: Corner lot 22 m 25 m 20 m 18 m 15 m Lot Depth 25 m 30 m 30 m 30 m 25 m Front Yard Depth 4.5 m 2 3 6 6.0 m 2 3 6 6.0 m 2 3 6 4.5 m 2 3 6 4.5 m 2 3 6 Exterior Side Yard Width 4.5 m 2 3 4.5 m 2 3 4.5 m 2 3 4.5 m 2 3 4.5 m 2 3 Side Yard Width 1.0 m 5 1.0 m 5 1.0 m 5 1.0 m 5 1.0 m 5 Aggregate Side Yard Width 2.0 m 3.5 m 3.0 m 3.0 m 2.0 m Rear Yard Depth 6.0 m 7.5 m 7.5 m 7.5 m 6.0 m Maximum Lot Coverage Main Building 40% 35% 35% 40% 40% Maximum Lot Coverage Main Building and Accessory Buildings 45% 40% 40% 45% 45% Maximum Height 10 m 10 m 10 m 10 m 10 m Minimum Landscaped Open Space 30% 40% 35% 30% 30% Additional Regulations for Table 6.4.1 Unless specified otherwise, regulations expressed herein are minimums. SECTION 6.0 RESIDENTIAL ZONES Page 6-6 City of Stratford Final for Council Adoption - January 2022 Provided that no part of any attached or detached garage shall be erected less than 6.0 m to the front lot line or an exterior side lot line, where the garage is oriented to said lot line. Any attached or detached garage shall not exceed sixty (60) per cent of the width of the elevation facing the front lot line or an exterior side lot line, where the garage is oriented to said lot line of a dwelling erected on the lot, and provided that the front yard depth or exterior side yard depth for a dwelling shall not exceed 9.0 m. A garage shall not project more than 1.0 m beyond the building elevation facing the front lot line or the exterior side lot line. Plus an additional 0.5 m for each storey of a dwelling in excess of 1 storey, to a maximum of 2.0 m. When determining which side yard requirement should apply, the maximum height of that part of the dwelling nearest the side lot line shall prevail. No building or structure shall be erected closer to a street than as set out in the applicable zone except for those instances listed in the Table 4.26.2 or as set out in 4.26.4. SECTION 6.0 RESIDENTIAL ZONES City of Stratford Page 6-7 Final for Council Adoption - January 2022 6.4.2 Residential Second Density (R2) Zone Table 6.4.2: Regulations in the Residential Second Density (R2) Zone Zone Variation Standard 1 R2(1) 9 R2(2) 9 Lot Area: Interior lot: Single detached dwelling 360 m2 300 m2 Semi-detached dwelling 2 , Linked dwelling 2 275 m2 250 m2 Duplex dwelling 450 m2 375 m2 Converted dwelling 425 m2 350 m2 Non-residential uses 500 m2 500 m2 Lot Area: Corner lot Single detached dwelling 540 m2 450 m2 Semi-detached dwelling 2 , Linked dwelling 2 450 m2 450 m2 Duplex dwelling 600 m2 540 m2 Converted dwelling 540 m2 450 m2 Non-residential uses 540 m2 540 m2 Lot Frontage: Interior lot: Single detached dwelling 12 m 10 m Semi-detached dwelling 2 , Linked dwelling 2 9 m 8 m Duplex dwelling 15 m 14 m Converted dwelling 12 m 10 m Non-residential uses 15 m 15 m Lot Frontage: Corner lot: Single detached dwelling 18 m 15 m Semi-detached dwelling 2 , Linked dwelling 2 14 m 12 m Duplex dwelling 20 m 18 m Converted dwelling 18 m 15 m Non-residential uses 18 m 18 m Lot Depth 30 m 25 m Front Yard Depth 6.0 m 3 4 5 10 4.5 m 3 4 5 10 SECTION 6.0 RESIDENTIAL ZONES Page 6-8 City of Stratford Final for Council Adoption - January 2022 Table 6.4.2: Regulations in the Residential Second Density (R2) Zone Zone Variation Standard  R2(1)  R2(2)  Exterior Side Yard Width 4.5 m 3 4 5 4.5 m 3 4 5 Side Yard Width: Single detached dwelling 1 m 6 1 m 6 Duplex dwelling 1 m 6 1 m 6 Semi-detached dwelling, Linked dwelling 2.5 m 7 1.5 m 7 Converted dwelling 1 m 6 1 m 6 Non-residential uses 2.5 m 8 2.5 m 8 Aggregate Side Yard Width: Single detached dwelling 3 m 2 m Duplex dwelling 3 m 2 m Semi-detached dwelling, Linked dwelling 5 m 7 3 m 7 Converted dwelling 3 m 2 m Non-residential uses 5 m 5 m Rear Yard Depth 7.5 m 6.0 m Maximum Lot Coverage Main Building 40% 40% Maximum Lot Coverage Main Building and Accessory Buildings 45% 45% Maximum Height 10 m 10 m Minimum Landscaped Open Space 30% 30% Additional Regulations for Table 6.4.2 Unless specified otherwise, regulations expressed herein are minimums. Standards prescribed are per dwelling unit. Provided that no part of any attached or detached garage shall be erected less than 6 m to the front lot line or an exterior side lot line, where the garage is oriented to said lot line. SECTION 6.0 RESIDENTIAL ZONES City of Stratford Page 6-9 Final for Council Adoption - January 2022 Any attached or detached garage shall not exceed sixty (60) percent of the width of the elevation facing the front lot line or an exterior side lot line, where the garage is oriented to said lot line of a dwelling on the lot and provided that the front yard depth or exterior side yard depth for a dwelling shall not exceed 9 m. A garage shall not project more than 1.0 m beyond the building elevation facing the front lot line or exterior side lot line. Plus, an additional 0.5 m for each storey of a dwelling in excess of 1 storey, to a maximum of 2.0 m. When determining which side yard requirement should apply, the maximum height of that part of the dwelling nearest the side lot line shall prevail. Except that: i) no side yard width shall be required along the side lot line where the individual dwelling units of a semi-detached dwelling are attached together by a common wall extending along the side lot line separating such lots, provided that any wall which does not constitute part of such common wall or a direct extension thereof shall be set back not less than 1.5 m from the side lot line separating such lots ; and ii) where a private garage is attached to the dwelling, the side yard width on one side of such dwelling shall be 1.5 m. Or one half the height of the building, whichever is the greater. General use regulations for lands with an MUR compound zone shall be in accordance with the applicable Residential Zone. No building or structure shall be erected closer to a street than as set out in the applicable zone except for those instances listed in the Table 4.26.2 or as set out in 4.26.4. SECTION 6.0 RESIDENTIAL ZONES Page 6-10 City of Stratford Final for Council Adoption - January 2022 6.4.3 Residential Third Density (R3) Zone Table 6.4.3: Regulations in Residential Third Density (R3) Zone Zone Variation Standard 1 R3 4 Lot Area: Single detached dwelling 360 m2 2 unit Converted dwelling 425 m2 Boarding house dwelling, 3 unit converted dwelling, Triplex dwelling 450 m2 4 unit converted dwelling, Quadruplex dwelling 550 m2, 690 m2 for a corner lot Non-residential uses 540 m2 Lot Frontage: Interior lot Single detached dwelling 12 m 2 unit Converted dwelling 14 m Boarding house dwelling, 3 unit converted dwelling, Triplex dwelling 15 m 4 unit converted dwelling, Quadruplex dwelling 18 m Non-residential uses 18 m Lot Frontage: Corner lot Single detached dwelling 20 m 2 unit Converted dwelling 20 m Boarding house dwelling, 3 unit converted dwelling, Triplex dwelling 20 m 4 unit converted dwelling, Quadruplex dwelling 22 m Non-residential uses 22 m Lot Depth 30 m Front Yard Depth 7.5 m 5 6 7 8 SECTION 6.0 RESIDENTIAL ZONES City of Stratford Page 6-11 Final for Council Adoption - January 2022 Table 6.4.3: Regulations in Residential Third Density (R3) Zone Zone Variation Standard  R3  Exterior Side Yard Width 4.5m 5 6 7 Side Yard Width: Single detached dwelling 1.0 m 2 2 unit Converted dwelling 1.0 m 2 Boarding house dwelling, 3 unit converted dwelling, Triplex dwelling 1.0 m 2 4 unit converted dwelling, Quadruplex dwelling 1.0 m 2 Non-residential uses 2.5 m 3 Aggregate Side Yard Width: Single detached dwelling 3 m 2 unit Converted dwelling 3 m Boarding house dwelling, 3 unit converted dwelling, Triplex dwelling 3 m 4 unit converted dwelling, Quadruplex dwelling 4 m Non-residential uses - Rear Yard Depth 7.5 m Maximum Lot Coverage Main Building 40% Maximum Lot Coverage Main Building and Accessory Buildings 45% Maximum Height 12 m Maximum Number of Dwelling Units: Single detached dwelling - 2 unit Converted dwelling 2 Boarding house dwelling, 3 unit converted dwelling, Triplex dwelling 3 SECTION 6.0 RESIDENTIAL ZONES Page 6-12 City of Stratford Final for Council Adoption - January 2022 Table 6.4.3: Regulations in Residential Third Density (R3) Zone Zone Variation Standard  R3  4 unit converted dwelling, Quadruplex dwelling 4 Non-residential uses - Minimum Landscaped Open Space 30% Additional Regulations for Table 6.4.3 Unless specified otherwise, regulations expressed herein are minimums. Plus, an additional 0.5 m for each storey of a dwelling in excess of 1 storey, to a maximum of 2.0 m. When determining which side yard requirement should apply, the maximum height of that part of the dwelling nearest the side lot line shall prevail. Except that no side yard width shall be required on the side where two pairs of quadruplex dwelling units on abutting lots are attached together by a common wall extending along the side lot line separating such lots, provided that any wall which does not constitute part of such common wall or a direct extension thereof shall be set back not less than 1.5 m from the side lot line separating such lots. Or one half the height of the building, whichever is the greater. General use regulations for lands with an MUR compound zone shall be in accordance with the applicable Residential Zone. Provided that no part of any attached or detached garage shall be erected less than 6.0 m to the front lot line or exterior side lot line, where the garage is oriented to said lot line. Any attached or detached garage shall not exceed sixty (60) per cent of the width of the elevation facing the front lot line or an exterior side lot line, where SECTION 6.0 RESIDENTIAL ZONES City of Stratford Page 6-13 Final for Council Adoption - January 2022 the garage is oriented to said lot line of a dwelling erected on the lot, and provided that the front yard depth or exterior side yard depth for a dwelling shall not exceed 9.0 m. A garage shall not project more than 1.0 m beyond the building elevation facing the front lot line or the exterior side lot line. No building or structure shall be erected closer to a street than as set out in the applicable zone except for those instances listed in the Table 4.26.2 or as set out in 4.26.4. SECTION 6.0 RESIDENTIAL ZONES Page 6-14 City of Stratford Final for Council Adoption - January 2022 6.4.4 Residential Fourth Density (R4) Zone Table 6.4.4: Regulations in the Residential Fourth Density (R4) Zones Zone Variation Standard 1 R4(1) Street Townhouse (Per-unit) R4(2) Cluster Housing (Per block) R4(3) Cluster Housing (Per block) R4(4) Cluster Housing (Per block) Lot Area (per dwelling unit): 180 m2 800 m2 800 m2 800 m2 Lot Frontage: 6.0 m 7 22.0 m 22.0 m 22.0 m Lot Depth: 30.0 m 30.0 m 30.0 m 30.0 m Front Yard Depth: 6.0 m 4 5 6 6.0 m 4 5 6 6.0 m 4 5 6 6.0 m 4 5 6 Exterior Side Yard Width: 6.0 m 4 5 6 6.0 m 4 5 6 6.0 m 4 5 6 6.0 m 4 5 6 Side Yard Width: 2.5 m 2 3.0m 8 3.0 m 8 3.0 m 8 Rear Yard Depth: 6.0 m 6.0 m 6.0 m 6.0 m Maximum Lot Coverage: 40% 40% 40% 40% Maximum Lot Coverage Main Building and Accessory Buildings 45% 45% 45% 45% Maximum Height: 12.0 m 10.0 m 12.0 m 12.0 m Minimum Landscaped Open Space: 30% 30% 30% 30% Minimum Density 25 upnh 3 20 upnh 3 25 upnh 3 25 upnh 3 Maximum Density 35 upnh 3 35 upnh 3 45 upnh 3 65 upnh 3 Additional Regulations for Table 6.4.4 Unless specified otherwise, regulations expressed herein are minimums. Except that no side yard width shall be required on the side where individual dwelling units are attached together by a common wall, provided that any wall SECTION 6.0 RESIDENTIAL ZONES City of Stratford Page 6-15 Final for Council Adoption - January 2022 which does not constitute part of such common wall or a direct extension thereof shall be set back not less than 1.5 m from the side lot line separating such lots. Upnh means units per net hectare. Provided that no part of any attached or detached garage shall be erected less than 6.0 m to the front lot line or an exterior side lot line, where the garage is oriented to said lot line. Any attached or detached garage shall not exceed sixty (60) percent of the width of the elevation facing the front lot line or an exterior side lot line where the garage is oriented to said lot line of a dwelling erected on the lot, and provided that the front yard depth or exterior side yard depth for a dwelling shall not exceed 9 m. A garage shall not project more than 1.0 m beyond the building elevation of a dwelling erected on the lot facing the front lot line or the exterior side lot line. An additional 6.0 m lot frontage is required for corner lots. Where the wall contains windows or doors to habitable rooms the minimum interior side yard setback shall be 6.0 m. SECTION 6.0 RESIDENTIAL ZONES Page 6-16 City of Stratford Final for Council Adoption - January 2022 6.4.5 Residential Fifth Density (R5) Zone Table 6.4.5: Regulations in the Residential Fifth Density (R5) Zone Variation Standard 1 R5(1) R5(2) R5(3) Lot Area: 750 m2 1000 m2 1000 m2 Lot Frontage: Interior lot 15.0 m 25.0 m 25.0 m Lot Frontage: Corner lot 20.0 m 30.0 m 30.0 m Lot Depth: 30.0 m 30.0 m 30.0 m Front Yard Depth: 7.5 m 10 m 10 m Exterior Side Yard Width: 7.5 m 10 m 10 m Side Yard Width: 3.0 m 2 5.0 m 2 5.0 m 2 Rear Yard Depth: 6.0 m 6.0 m 6.0 m Maximum Lot Coverage: 35% 30% 30% Minimum Landscaped Open Space: 30% 35% 35% Maximum Height: 12.0 m 15.0 m 22.0 m Minimum Height: - - 9.0 m Maximum Density: 55 upnh 3 65 upnh 3 100 upnh 3 Minimum Density: 25 upnh 3 35 upnh 3 65 upnh 3 Additional Regulations for Table 6.4.5 Unless specified otherwise, regulations expressed herein are minimums. Or one-half the height of the building whichever is the greater. Upnh means units per net hectare. Any attached garage shall not exceed sixty (60) percent of the width of the elevation facing the front lot line or an exterior side lot line, where the garage is oriented to said lot line of a dwelling on the lot and provided that the front yard depth or exterior side yard depth for a dwelling shall not exceed 9 m. A garage shall not project more than 1.0 m beyond the building elevation facing the front lot line or exterior side lot line. SECTION 7.0 COMMERCIAL ZONES City of Stratford Page 7-1 Final for Council Adoption - January 2022 SECTION 7 COMMERCIAL ZONES No land shall be used, no buildings or structures shall be erected and no lot shall be altered in the Commercial and Mixed Use Zone except in accordance with the applicable General Provisions (Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following: 7.1 List of Applicable Zones Neighbourhood Commercial C1 Highway Commercial C2 Central Commercial C3 Shopping Centre Commercial C4 Corridor Commercial C5 7.2 Permitted Uses Uses permitted in the Commercial Zones are denoted by the symbol "✓" in the column applicable to that zone and corresponding with the row for a specific permitted use in Table 7.2, below. Where the letter "E" is identified following the symbol "✓", only legally existing uses shall be permitted. Table 7.2: Permitted Uses in the Commercial Zones Uses C1 C2 C3 C4 C5 Residential Uses: apartment building ✓ boarding house dwelling ✓ ✓ converted dwelling ✓ dwelling unit ✓ ✓ ✓ ✓ group home ✓ Commercial Uses: amusement arcade ✓E ✓ amusement park ✓ auditorium ✓ ✓ brew-pub ✓ ✓ SECTION 7.0 COMMERCIAL ZONES Page 7-2 City of Stratford Final for Council Adoption - January 2022 Table 7.2: Permitted Uses in the Commercial Zones Uses C1 C2 C3 C4 C5 brew your own establishment ✓ ✓ ✓ ✓ business office ✓ ✓ ✓ ✓ car wash ✓ ✓ clinic ✓ ✓ ✓ ✓ commercial school ✓ ✓ ✓ ✓ convenience store ✓ ✓ ✓ ✓ ✓ data centre ✓ day care centre ✓ ✓ ✓ ✓ dry cleaning drop off establishment ✓ ✓ ✓ ✓ ✓ dry cleaning establishment ✓ ✓ ✓ financial institution ✓ ✓ ✓ fitness club ✓ ✓ ✓ funeral home ✓ ✓ garden centre ✓ ✓E ✓ gas bar ✓ ✓ ✓E ✓ ✓ hostel ✓ hotel ✓ ✓ ✓ inn ✓ large merchandise outlet ✓ ✓E ✓ laundromat ✓ ✓ ✓ ✓ merchandise rental shop ✓ ✓ ✓ ✓ merchandise service shop ✓ ✓ ✓ motor vehicle repair shop ✓ ✓ ✓ SECTION 7.0 COMMERCIAL ZONES City of Stratford Page 7-3 Final for Council Adoption - January 2022 Table 7.2: Permitted Uses in the Commercial Zones Uses C1 C2 C3 C4 C5 motor vehicle sales or rental establishment ✓ ✓E motor vehicle service station ✓ ✓ ✓E ✓ ✓ parking lot, commercial ✓ personal care establishment ✓ ✓ ✓ ✓ ✓ personal service establishment ✓ ✓ ✓ ✓ ✓ pet grooming establishment ✓ ✓ ✓ ✓ ✓ private club ✓ ✓ ✓ professional office ✓ ✓ ✓ ✓ recreational entertainment establishment ✓ ✓ ✓ recreational vehicle sales or rental establishment ✓ restaurant, drive-in ✓ restaurant, eat-in ✓ ✓ ✓ ✓ ✓ restaurant, take-out ✓ ✓ ✓ ✓ ✓ retail store ✓ ✓ ✓ service trade ✓ ✓ ✓ ✓ shopping centre ✓ studio ✓ ✓ ✓ supermarket ✓ ✓ ✓ tavern ✓ ✓ ✓ ✓ taxi dispatch establishment ✓ ✓ ✓ SECTION 7.0 COMMERCIAL ZONES Page 7-4 City of Stratford Final for Council Adoption - January 2022 Table 7.2: Permitted Uses in the Commercial Zones Uses C1 C2 C3 C4 C5 theatre ✓ ✓ ✓ veterinarian clinic ✓ ✓ ✓ video rental establishment ✓ Industrial Uses: self-storage establishment ✓ ✓ warehouse ✓E Institutional Uses: place of worship ✓ ✓ private school ✓ school, elementary ✓ school, secondary ✓ 7.3 Special Use Regulations 7.3.1 Neighbourhood Commercial (C1) Zone 7.3.1.1 Convenience Stores, Take-out or Eat-in Restaurants a) Maximum Number of Amusement Devices 3 7.3.1.2 Dwelling Units Dwelling units shall be connected to and form an integral part of a main building and located above the first storey. a) Maximum Number of Units 2 7.3.2 Highway Commercial (C2) Zone 7.3.2.1 Dwelling Units SECTION 7.0 COMMERCIAL ZONES City of Stratford Page 7-5 Final for Council Adoption - January 2022 Dwelling units shall be located in a building containing a permitted non-residential use, and located above the first storey. A maximum of one (1) dwelling unit is permitted above the first storey in a building containing an automotive use. 7.3.3 Central Commercial (C3) Zone 7.3.3.1 Converted Dwelling An existing dwelling or building containing a dwelling unit may be converted to provide additional dwelling units or other uses permitted in the C3 Zone, provided that no additional dwelling units or dwelling unit area is added to the ground or lower storey therein. 7.3.3.2 Dwelling Units a) Dwelling units other than in a converted dwelling shall be connected to and form an integral part of a main building and located above the first storey which storey shall be designed, used or intended for a commercial use. b) Notwithstanding 7.3.3.2 a) dwelling units may be permitted on the first storey storey or below in an apartment building in the C3 zone outside of the Central Business District (CBD) as shown on Schedule "A". 7.3.4 Shopping Centre Commercial (C4) Zone None 7.3.5 Corridor Commercial (C5) Zone None 7.3.6 Gas Bars A gas bar shall only be permitted in the C4 Zone as an accessory use to a shopping centre. A pump island, kiosk, and/or canopy accessory to a gas bar shall be permitted in any part of a required front yard or side yard provided: a) the minimum distance between any portion of a gasoline pump island or any kiosk and a lot line or widened street line shall be 5.0 m; SECTION 7.0 COMMERCIAL ZONES Page 7-6 City of Stratford Final for Council Adoption - January 2022 b) the minimum distance between any column supporting a canopy and a lot line or widened street line shall be 3.0 m; c) in the case of a corner lot, no portion of any gasoline pump island or kiosk shall be located closer than 3.0 m to a visibility triangle; and d) no part of any canopy shall be located in a required visibility triangle. SECTION 7.0 COMMERCIAL ZONES City of Stratford Page 7-7 Final for Council Adoption - January 2022 7.4 General Use Regulations No person shall within any Commercial and Mixed Use Zone use or permit the use of any lot or erect, alter or use any building or structure except in accordance with the zone standards in Table 7.4 below. Any numbers in parentheses following the particular regulation, zone heading, or applicable standard indicates that one or more additional regulations apply to buildings and structures in the applicable zone. These additional regulations are listed below Regulations Table 7.4. Table 7.4: Regulations in the Commercial Zones Zone Variation Standard 1 C1 C2 C3 C4 C5 Lot Area: 500 m2 1000 m2 existing 1500 m2 500 m2 Lot Frontage: Interior lot 15 m 30 m existing 45 m 15 m Lot Frontage: Corner lot 30 m 30 m existing 45 m 18 m Lot Depth: 30 m 30 m - - 30 m Minimum Front and Exterior Side Yard Setback Setback 7.5 m 7.5 m - 7.5 m 7.5 m Maximum Front and Exterior Side Yard Setback: - - 3.0 m - - Side Yard Width: 2.5 m 2 1.5 m abutting a residential or institutional zone 5.0 m 2 15.0 m abutting any other zone 1.0 m where an interior side yard abuts any zone other than a C3 zone 2.5 m SECTION 7.0 COMMERCIAL ZONES Page 7-8 City of Stratford Final for Council Adoption - January 2022 Table 7.4: Regulations in the Commercial Zones Zone Variation Standard  C1 C2 C3 C4 C5 where an interior side yard abuts a C3 zone 0.0 m where an interior side yard abuts any zone other than a C4 zone one-half the height of the building Rear Yard Depth: 5.0 m 2 6.0 m where a rear yard abuts a residential or institutional zone 15.0 m where a building contains a dwelling unit 6.0 m all other cases 2.5 m 2 where a rear yard abuts any zone other than a C3 zone 2.5 m where a rear abuts a C3 zone 0.0 m where a rear yard abuts any zone other than a C4 zone one-half the height of the building Maximum Lot Coverage: 40% 35% 35% 40% Maximum Height: 10.0 m 10.0 m 15.0 m 15.0 m 10.0 m Maximum Ground Floor Area: 500 m2 - - - 500 m2 Groundfloor Floor-to- Ceiling Height: - - 4.5 3 - - SECTION 7.0 COMMERCIAL ZONES City of Stratford Page 7-9 Final for Council Adoption - January 2022 Table 7.4: Regulations in the Commercial Zones Zone Variation Standard  C1 C2 C3 C4 C5 Minimum Gross Floor Area (Shopping Centre): - - - 10,000 m2 - Maximum Gross Floor Area of a Permitted Use: 300 m2 - - - 500 m2 Maximum Number of Buildings per Lot: 1 - - - 1 Minimum Landscaped Open Space: 30% 15% - 15% 30% Additional Regulations for Table 7.4 Unless specified otherwise, regulations expressed herein are minimums. Or one-half the height of the building whichever is the greater. For mixed-use buildings and apartment buildings. SECTION 8.0 GRAND TRUNK ANCHOR DISTRICT ZONE City of Stratford Page 8-1 Final for Council Adoption - January 2022 SECTION 8 GRAND TRUNK ANCHOR DISTRICT ZONE The Grand Trunk Anchor District zone recognizes the unique qualities of the Grand Trunk site and fulfils the need for a tailored framework which will facilitate a positive transformation of the isolated and largely disused site on the edge of the Downtown Core. The zone is encouraging of reinvestment in the Downtown Core, seeking to facilitate and appropriately regulate a convergence of education, community, entrepreneurship, and innovating uses to strengthen and diversify the Stratford economy, providing housing, services and amenities for both residents and visitors. Stratford Official Plan Amendment 21 (OPA 21) was adopted by the City on December 14, 2014 and approved by the Ministry of Municipal Affairs and Housing on July 21, 2016. Except as OPA 21 applied to the Grand Trunk Anchor District, as confirmed by the Local Planning Appeal Tribunal (LPAT) in its Decision/Order of February 2, 2017 (Case no. P 160830) it came into effect on July 21, 2016. By Decision and Order of LPAT dated March 25, 2019 (Case No. Pl 160830), OPA 21 as modified by LPAT came into effect on that day as it applies to the Grand Trunk Anchor District. No land shall be used, no buildings or structures shall be erected and no lot shall be altered in the Grand Trunk Anchor District Zone except in accordance with the applicable General Provisions (Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following: 8.1 List of Applicable Zones Grand Trunk Anchor District AD 8.2 Permitted Uses Uses permitted in the Grand Trunk Anchor District Zone are denoted by the symbol "✓" in the column applicable to that zone and corresponding with the row for a specific permitted use in Table 8.2, below. SECTION 8.0 GRAND TRUNK ANCHOR DISTRICT ZONE Page 8-2 City of Stratford Final for Council Adoption - January 2022 Table 8.2: Permitted Uses in the Grand Trunk Anchor District Zone Uses AD Residential Uses: ✓ apartment building ✓ retirement home ✓ Commercial Uses: ✓ art gallery ✓ brew-pub ✓ business office ✓ clinic ✓ commercial school ✓ data centre ✓ day care centre ✓ financial institution ✓ fitness club ✓ hotel ✓ parking lot, commercial ✓ performing arts studio ✓ personal care establishment ✓ professional office ✓ recreational entertainment establishment ✓ restaurant ✓ retail store ✓ short term rental accommodation ✓ supermarket ✓ theatre ✓ transit centre ✓ Industrial Uses: ✓ industrial use ✓ SECTION 8.0 GRAND TRUNK ANCHOR DISTRICT ZONE City of Stratford Page 8-3 Final for Council Adoption - January 2022 Table 8.2: Permitted Uses in the Grand Trunk Anchor District Zone Uses AD warehouse ✓ Institutional Uses: ✓ auditorium ✓ community facility ✓ cultural institution ✓ hospice ✓ hospital ✓ innovation incubator ✓ institutional use ✓ library ✓ nursing home ✓ offices, federal, provincial or municipal ✓ park ✓ place of worship ✓ public use ✓ recreational park ✓ school, elementary ✓ school, secondary ✓ school, post- secondary ✓ school, private ✓ Additional Regulations for Table 8.2 None SECTION 8.0 GRAND TRUNK ANCHOR DISTRICT ZONE Page 8-4 City of Stratford Final for Council Adoption - January 2022 8.3 Special Use Regulations 8.3.1 Loading Spaces Loading spaces shall not face a public street unless screened from view by a 4.2 m solid barrier. 8.3.2 Parking Rates The minimum number of parking spaces for motor vehicles shall be provided and maintained in the Grand Trunk Anchor District Zone in accordance with Table 5.1, except if an alternative minimum number of parking spaces is identified through a detailed Transportation Impact Assessment and agreed by the Director of Infrastructure and Development Services. 8.3.3 Shared Parking Where two or more uses listed in Table 8.2 are permitted and located in the Grand Trunk Anchor District Zone, parking spaces may be shared between uses. If parking spaces are proposed to be shared, a detailed Transportation Impact Assessment must identify the peak parking occupancy rates for each use and determine an appropriate method of sharing. This method of sharing is to be agreed by the Director of Infrastructure and Development Services. SECTION 8.0 GRAND TRUNK ANCHOR DISTRICT ZONE City of Stratford Page 8-5 Final for Council Adoption - January 2022 8.4 General Use Regulations No person shall within any Grand Trunk Anchor District Zone use or permit the use of any lot or erect, alter or use any building or structure except in accordance with the zone standards in Table 8.4 below. Any numbers in parentheses following the particular regulation, zone heading, or applicable standard indicates that one or more additional regulations apply to buildings and structures in the applicable zone. Table 8.4: Regulations in the Grand Trunk Anchor District Zone Zone Variation Standard 1 2 AD Setback Abutting a Public Street: 0 m Setback Abutting Any New Streets: 3.0 m Maximum Height: 22.0 m Stepbacks (Above Four Levels) 1.0 m Additional Regulations for Table 8.4 Unless specified otherwise, regulations expressed herein are minimums. The regulations within Table 8.4 shall not apply to the existing Grand Trunk building and any additions or alterations to the existing Grand Trunk building. SECTION 9.0 INDUSTRIAL ZONES City of Stratford Page 9-1 Final for Council Adoption - January 2022 SECTION 9 INDUSTRIAL ZONES No land shall be used, no buildings or structures shall be erected and no lot shall be altered in the Industrial Zones except in accordance with the applicable General Provisions (Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following: 9.1 List of Applicable Zones Prime Industrial I1 General Industrial I2 Secondary Industrial I3 Factory District I4 9.2 Permitted Uses Uses permitted in the Industrial Zones are denoted by the symbol "✓" in the column applicable to that zone and corresponding with the row for a specific permitted use in Table 9.2, below. Where the letter "E" is identified following the symbol "✓", only legally existing uses shall be permitted. Table 9.2: Permitted Uses in the Industrial Zones Uses I1 I2 I3 I4 adult entertainment establishment ✓ agricultural equipment sales or rental establishment ✓ amusement arcade establishment ✓ animal shelter ✓ auction sales establishment ✓ building materials yard ✓ bus transportation terminal ✓ business office or professional office of a consulting engineer or surveyor ✓ ✓ ✓ car wash ✓ ✓ commercial school ✓ ✓ contractor's yard or shop ✓ SECTION 9.0 INDUSTRIAL ZONES Page 9-2 City of Stratford Final for Council Adoption - January 2022 Table 9.2: Permitted Uses in the Industrial Zones Uses I1 I2 I3 I4 crematorium ✓ ✓ data centre ✓ ✓ ✓ dry cleaning establishment ✓ ✓ dwelling unit as an accessory use ✓ E equipment rental establishment ✓ equipment service establishment ✓ ✓ factory store ✓ ✓ ✓ food processing establishment ✓ ✓ ✓ fuel storage depot ✓ garden centre ✓ gas bar ✓ industrial use ✓ ✓ ✓ cannabis production facility ✓ ✓ motor vehicle body shop ✓ motor vehicle repair shop ✓ ✓ motor vehicle sales or rental establishment ✓ ✓ motor vehicle service station ✓ ✓ open storage ✓ ✓ private club ✓ ✓ recreational park ✓ ✓ recreational vehicle sales or rental establishment ✓ scientific or medical laboratory ✓ ✓ ✓ service trade ✓ truck terminal ✓ veterinarian clinic ✓ ✓ warehouse ✓ ✓ ✓ SECTION 9.0 INDUSTRIAL ZONES City of Stratford Page 9-3 Final for Council Adoption - January 2022 9.3 Special Use Regulations 9.3.1 Prime Industrial (I1) Zone 9.3.1.1 Factory Store A factory store shall be permitted provided it: a) is accessory to an industrial use; and b) does not exceed 25% of the total gross floor area of the building associated with the industrial use, to a maximum gross floor area of 930 m2, whichever is the lessor. 9.3.1.2 Open Storage Open storage shall be permitted provided it is: a) accessory to a main use; b) restricted to a rear yard or interior side yard; c) not located in a required yard; d) not located in an exterior side yard where it abuts an arterial road; e) not located in a yard abutting or across the street from a Residential Zone; f) screened from any street or abutting lot by a planting strip; and g) not located closer to a widened street line than 50 m, except where it is enclosed by a wall or opaque fence not less than 2.0 m in height and separated from any lot line by landscaped open space not less than 7.5 m in width. 9.3.1.3 Outside Display and Sale of Goods, Materials or Merchandise Outside display and sale of goods, materials or merchandise, is permitted as an accessory use in accordance with the general provisions of Section 4.19 (Outside Display and Sale of Goods, Materials and Merchandise). SECTION 9.0 INDUSTRIAL ZONES Page 9-4 City of Stratford Final for Council Adoption - January 2022 9.3.1.4 Business Office or Professional Office of a Consulting Engineer or Surveyor A business office or professional office of a consulting engineer or surveyor may be permitted provided it is clearly accessory to a permitted industrial use and does not exceed 25% of the total gross floor area of the building, to a maximum gross floor area of 930 m2, whichever is the lessor. 9.3.2 General Industrial (I2) Zone 9.3.2.1 Factory Store A factory store shall be permitted provided it: a) is accessory to an industrial use; and b) does not exceed 25% of the total gross floor area of the building associated with the industrial use, to a maximum gross floor area of 930 m2 , whichever is the lessor. 9.3.2.2 Open Storage Open storage shall be permitted provided it is: a) accessory to a main use; b) restricted to a rear yard or an interior side yard; c) not located in a required yard; d) not located in an exterior side yard where it abuts an arterial road; e) not located in a yard abutting or across the street from a Residential Zone; and f) screened from any street or abutting lot by a planting strip. 9.3.2.3 Outside Display and Sale of Goods, Materials or Merchandise Outside display and sale of goods, materials or merchandise, is permitted as an accessory use in accordance with the general provisions of Section 4.19 (Outside Display and Sale of Goods, Materials and Merchandise). SECTION 9.0 INDUSTRIAL ZONES City of Stratford Page 9-5 Final for Council Adoption - January 2022 9.3.2.4 Dwelling Units A maximum of 1 dwelling unit may be erected accessory to an industrial use provided such dwelling unit is situated within or is contiguous to a building occupied by such use. 9.3.2.5 Existing Single Detached Dwellings The alteration of existing single detached dwellings and the erection or alteration of buildings accessory thereto shall be permitted in accordance with the regulations of Residential First Density (R1(2)) Zone. 9.3.2.6 Business Office or Professional Office of a Consulting Engineer or Surveyor A business office or professional office of a consulting engineer or surveyor may be permitted provided it is clearly accessory to a permitted industrial use and does not exceed 25% of the total gross floor area of the building, to a maximum gross floor area of 930 m2, whichever is the lessor. 9.3.3 Secondary Industrial (I3) Zone None 9.3.4 Factory District (I4) Zone 9.3.4.1 Factory Store A factory store shall be permitted provided it: a) is accessory to an industrial use; and b) does not exceed 25% of the total gross floor area of the building associated with the industrial use, to a maximum gross floor area of 930 m2, whichever is the lessor. 9.3.4.2 Business Office or Professional Office of a Consulting Engineer or Surveyor A business office or professional office of a consulting engineer or surveyor may be permitted provided it is clearly accessory to a permitted industrial use and does not exceed 25% of the total gross floor area of the building, to a maximum gross floor area of 930 m2, whichever is the lessor. SECTION 9.0 INDUSTRIAL ZONES Page 9-6 City of Stratford Final for Council Adoption - January 2022 9.4 General Use Regulations No person shall within any Industrial Zone use or permit the use of any lot or erect, alter or use any building or structure except in accordance with the zone standards in Table 9.4 below. Any numbers in parentheses following the particular regulation, zone heading, or applicable standard indicates that one or more additional regulations apply to buildings and structures in the applicable zone. Table 9.4: Regulations in the Industrial Zones Zone Variation Standard 1 I1 I2 I3 6 I4 Lot Area: 5,000 m2 2,000 m2 - 2,000 m2 Lot Frontage: 75 m 30 m - 30 m Minimum Setback: 7.5 m 2 7.5 m 2 - 7.5 m 2 Lot Depth: 150 m 75 m - 75 m Side Yard Width: where a side yard abuts a residential or institutional zone 15.0 m 15.0 m - 15.0 m where a side yard abuts a railway line 0.0 m 0.0 m - 0.0 m all other cases 5.0 m 3 5.0 m 3 - 5.0 m 3 Rear Yard Depth: where a rear yard abuts a residential or institutional zone 15.0 m 4 15.0 m 4 - 15.0 m 4 where a rear yard abuts a railway line 0.0 m 0.0 m - 0.0 m all other cases 7.5 m 6.0 m - 7.5 m Maximum Lot Coverage: 40% 50% - 40% Maximum Height: 30 m 30 m - 30 m Minimum Gross Floor Area (main building): 1,850 m2 5 - - - Minimum Landscaped Open Space: 30% 20% - 30% SECTION 9.0 INDUSTRIAL ZONES City of Stratford Page 9-7 Final for Council Adoption - January 2022 Additional Regulations for Table 9.4 Unless specified otherwise, regulations expressed herein are minimums. Except that a gatehouse may be permitted as an accessory use anywhere in a front yard or exterior side yard, other than in a visibility triangle. Or one-half the height of the building whichever is the greater. Except where a wall not less than 2.0 m in height or a planting strip containing a continuous opaque barrier not less than 2.0 m in height abuts and extends the entire length of the rear lot line, in which case 6.0 m. Or 15% of the lot area, whichever is the lesser. General use regulations for lands with an I3 compound zone shall be in accordance with the compound Industrial Zone. SECTION 10.0 INSTITUTIONAL ZONES City of Stratford Page 10-1 Final for Council Adoption - January 2022 SECTION 10 INSTITUTIONAL ZONES No land shall be used, no buildings or structures shall be erected and no lot shall be altered in the Institutional Zones except in accordance with the applicable General Provisions (Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following: 10.1 List of Applicable Zones Institutional Community IN1 Institutional Neighbourhood IN2 10.2 Permitted Uses Uses permitted in the Institutional Zones are denoted by the symbol "✓" in the column applicable to that zone and corresponding with the row for a specific permitted use in Table 10.2, below. Table 10.2: Permitted Uses in the Institutional Zones Uses IN1 IN2 Residential Uses: dwelling unit as an accessory use ✓ ✓ retirement home ✓ Institutional and Open Space Uses: auditorium ✓ hospice ✓ ✓ hospital ✓ library ✓ nursing home ✓ offices, federal, provincial or municipal ✓ ✓ park ✓ place of worship ✓ ✓ recreational park ✓ ✓ school, elementary ✓ ✓ school, post-secondary ✓ SECTION 10.0 INSTITUTIONAL ZONES Page 10-2 City of Stratford Final for Council Adoption - January 2022 Table 10.2: Permitted Uses in the Institutional Zones Uses IN1 IN2 school, private ✓ school, secondary school ✓ Commercial Uses: business office of an incorporated not-for-profit organization ✓ ✓ clinic ✓ 1 ✓ 1 day care centre ✓ 1 ✓ 1 private club ✓ 1 ✓ 1 Additional Regulations for Table 10.2 Permitted use shall be accessory to a main permitted use. 10.3 Special Use Regulations 10.3.1 Institutional Community (IN1) Zone None 10.3.2 Institutional Neighbourhood (IN2) Zone None SECTION 10.0 INSTITUTIONAL ZONES City of Stratford Page 10-3 Final for Council Adoption - January 2022 10.4 General Use Regulations No person shall within any Institutional Zone use or permit the use of any lot or erect, alter or use any building or structure except in accordance with the zone standards in Table 10.4 below. Any numbers in parentheses following the particular regulation, zone heading, or applicable standard indicates that one or more additional regulations apply to buildings and structures in the applicable zone. Table 10.4: Regulations in the Institutional Zones Zone Variation Standard 1 IN1 IN2 Minimum Lot Area: 2,000 m2 500 m2 Lot Frontage: 30.0 m 15.0 m Minimum Setback: 7.5 m 2 7.5 m 2 Side Yard Width: 4.5 m 3 4.5 m 3 Rear Yard Depth: 7.5 m 7.5 m Maximum Lot Coverage: 30% 35% Maximum Height: 30.0 m 12.0 m Minimum Landscaped Open Space 35% 35% Additional Regulations for Table 10.4 Unless specified otherwise, regulations expressed herein are minimums. Except that a gatehouse may be permitted as an accessory use anywhere in a front yard or exterior side yard, other than in a visibility triangle. Or one-half the height of the building whichever is the greater. SECTION 11.0 THEATRE DISTRICT ZONE City of Stratford Page 11-1 Final for Council Adoption - January 2022 SECTION 11 THEATRE DISTRICT ZONE No land shall be used, no buildings or structures shall be erected and no lot shall be altered in the Theatre Zone except in accordance with the applicable General Provisions (Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following: 11.1 List of Applicable Zones Theatre District TH 11.2 Permitted Uses Uses permitted in the Theatre District Zone are denoted by the symbol "✓" in the column applicable to that zone and corresponding with the row for a specific permitted use in Table 11.2, below. Table 11.2: Permitted Uses in the Theatre District Zone Uses TH business and/or professional office ✓ public park ✓ public use ✓ special event space ✓ studio ✓ theatre ✓ theatre classroom ✓ theatre restaurant ✓ theatre retail store ✓ 11.3 Special Use Regulations 11.3.1 Theatre District Zone Business and/ or professional office is defined as means any part of the building in which one or more persons are employed in the management, direction or conducting of the theatre business or business associated with the theatre or where qualified persons and their staff service the business aspects of the theatre and may also include administrative offices associated with the theatre. SECTION 11.0 THEATRE DISTRICT ZONE Page 11-2 City of Stratford Final for Council Adoption - January 2022 11.4 General Use Regulations No person shall within any Theatre District Zone use or permit the use of any lot or erect, alter or use any building or structure except in accordance with the zone standards in Table 11.4 below. Any numbers in parentheses following the particular regulation, zone heading, or applicable standard indicates that one or more additional regulations apply to buildings and structures in the applicable zone. Table 11.4: Regulations in the Theatre District Zone Zone Variation Standard 1 TH Minimum Lot Area: 1.83 ha Lot Frontage: Lakeside Drive shall be deemed to be the front lot line. Minimum Front Yard Setback: 0 m Setback from Morenz Drive: 7.5 m Setback from Water Street: 7.5 m Setback from Waterloo Street South: 7.5 m Maximum Lot Coverage: 30% Maximum Height: 11.5 m Minimum Landscaped Open Space: 30% Minimum Parking Spaces 166 Additional Regulations for Table 11.4 Unless specified otherwise, regulations expressed herein are minimums. Notwithstanding Section 5.3.2 (Location of Driveways, Parking Areas and Parking Aisles), parking spaces and drive aisles may be permitted within the setbacks. When parking spaces are not accessory to a permitted use, they shall be made available to the public. SECTION 12.0 PARKS AND OPEN SPACE ZONES City of Stratford Page 12-1 Final for Council Adoption - January 2022 SECTION 12 PARKS AND OPEN SPACE ZONES No land shall be used, no buildings or structures shall be erected and no lot shall be altered in the Parks and Open Space Zones except in accordance with the applicable General Provisions (Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following: 12.1 List of Applicable Zones Parks P Open Space OS 12.2 Permitted Uses Uses permitted in the Parks and Open Space Zones are denoted by the symbol "✓" in the column applicable to that zone and corresponding with the row for a specific permitted use in Table 12.2, below. Table 12.2: Permitted Uses in the Parks and Open Space Zones Uses P OS auditorium ✓ cemetery ✓ conservation use ✓ ✓ golf course ✓ park ✓ ✓ private club ✓ recreational park ✓ theatre (performing arts) ✓ 12.3 Special Use Regulations 12.3.1 Parks (P) Zone None 12.3.2 Open Space (OS) Zone 12.3.2.1 Buildings and Structures SECTION 12.0 PARKS AND OPEN SPACE ZONES Page 12-2 City of Stratford Final for Council Adoption - January 2022 No buildings or structures shall be permitted unless accessory to a public use. 12.4 General Use Regulations No person shall within any Park and Open Space Zone use or permit the use of any lot or erect, alter or use any building or structure except in accordance with the zone standards in Table 12.4 below. Any numbers in parentheses following the particular regulation, zone heading, or applicable standard indicates that one or more additional regulations apply to buildings and structures in the applicable zone. Table 12.4: Regulations in the Park and Open Space Zones Zone Variation Standard 1 P OS Minimum Lot Area: where no buildings are constructed - - where buildings are constructed 1,000 m2 1,000 m2 Minimum Lot Frontage: where no buildings are constructed - - where buildings are constructed 15.0 m 30.0 m Minimum Setback: 7.5 m 2 7.5 m 2 Side Yard Width: 4.5 m 3 4.5 m 3 Rear Yard Depth: 7.5 m 7.5 m Maximum Lot Coverage: 20% 10% Maximum Height: 12.0 m 12.0 m Minimum Landscaped Open Space: 40% - Additional Regulations for Table 12.4 Unless specified otherwise, regulations expressed herein are minimums. Except that a gatehouse may be permitted as an accessory use anywhere in a front yard or exterior side yard, other than in a visibility triangle. Or one-half the height of the building whichever is the greater. SECTION 13.0 AGRICULTURAL ZONE City of Stratford Page 13-1 Final for Council Adoption - January 2022 SECTION 13 AGRICULTURAL ZONE No land shall be used, no buildings or structures shall be erected and no lot shall be altered in the Agricultural Zone except in accordance with the applicable General Provisions (Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following: 13.1 List of Applicable Zones Agricultural A 13.2 Permitted Uses Uses permitted in the Agricultural Zone are denoted by the symbol "✓" in the column applicable to that zone and corresponding with the row for a specific permitted use in Table 13.2 below. Where the letter "E" is identified following the symbol "✓", only legally existing uses shall be permitted. Table 13.2: Permitted Uses in the Agricultural Zone Uses A agriculture use ✓ agriculture-related use ✓ E animal shelter ✓ E conservation use ✓ forestry ✓ home occupation ✓ institutional use ✓ E livestock facility ✓ E non-farm residential use ✓ E on-farm diversified use ✓ E wayside permit aggregate operation (wayside pit) ✓ SECTION 13.0 AGRICULTURAL ZONE Page 13-2 City of Stratford Final for Council Adoption - January 2022 13.3 Special Use Regulations 13.3.1 Agricultural (A) Zone 13.3.1.1 On-farm Diversified Uses a) On-farm diversified uses may only be permitted through a site-specific amendment to the Zoning By-law, and in accordance with the following: i) the use is secondary to the main farm use on the lot, and is clearly farm- related through on-going interaction with agricultural activities; ii) the use is operated by a resident of the farm and employs no more than one off-farm resident employee; iii) the use may be conducted in a building other than the dwelling unit, provided it is located within a cluster of existing farm buildings; iv) the aggregate activity area, including all associated uses such as but not limited to parking, loading areas, and recreational amenities shall not exceed 15% of total lot area. Production lands which are used for the growing of crops and simultaneously used as part of the activity area shall not be included in the calculation of the 15%; and v) the use shall be subject to Site Plan Control in accordance with the Planning Act. 13.3.1.2 Agriculture-Related Uses a) Agriculture-related uses may only be permitted through a site-specific amendment to the Zoning By-law, and in accordance with the following: i) the use is secondary to the main farm use on the lot, and is clearly farm- related through on-going interaction with agricultural activities; ii) the use is restricted to "dry" agricultural operations; iii) the use is operated by a resident of the farm and employs no more than one off-farm resident employee; SECTION 13.0 AGRICULTURAL ZONE City of Stratford Page 13-3 Final for Council Adoption - January 2022 iv) the use may be conducted in a building, provided it is located within a cluster of existing farm buildings; v) the aggregate activity area, including all associated uses such as but not limited to parking, loading areas, and service areas shall not exceed 15% of total lot area. Production lands which are used for the growing of crops and simultaneously used as part of the activity area shall not be included in the calculation of the 15%; and, vi) the use shall be subject to Site Plan Control in accordance with the Planning Act. 13.3.1.3 Agriculture-Related Uses a) In an Agricultural Zone, a dwelling unit shall not be established except on a lot with an area of 15 ha or larger and in accordance with the Minimum Separation Distance I Formulae (MDSI). SECTION 13.0 AGRICULTURAL ZONE Page 13-4 City of Stratford Final for Council Adoption - January 2022 13.4 General Use Regulations No person shall within any Agricultural Zone use or permit the use of any lot or erect, alter or use any building or structure except in accordance with the zone standards in Table 13.4 below. Any numbers in parentheses following the particular regulation, zone heading, or applicable standard indicates that one or more additional regulations apply to buildings and structures in the applicable zone. Table 13.4: Regulations in the Agricultural Zone Zone Variation Standard 1 A Minimum Lot Area: Agricultural uses existing Other permitted uses 1,850 m2 Minimum Lot Frontage: Agricultural uses existing Other permitted uses 30 m Minimum Yard Requirements 2 : Front Yard 30 m Rear Yard 30 m Side Yard 30 m Exterior Side Yard 30 m Minimum Yard Requirements 3 : Front Yard 15.0 m Rear Yard 7.5 m Side Yard 4.5 m Exterior Side Yard 15.0 m Maximum Lot Coverage: Agricultural buildings and structures 10% Other permitted buildings and structures 30% Maximum Height: SECTION 13.0 AGRICULTURAL ZONE City of Stratford Page 13-5 Final for Council Adoption - January 2022 Table 13.4: Regulations in the Agricultural Zone Zone Variation Standard  A Agricultural buildings and structures 40 m Other permitted buildings and structures 12 m Additional Regulations for Table 13.4 Unless specified otherwise, regulations expressed herein are minimums. For buildings and structures for livestock and manure storage and buildings and structures accessory to an agricultural use, and in accordance with the Minimum Distance Separation II Formulae (MDS II). For other permitted buildings and structures. SECTION 14.0 URBAN RESERVE ZONE City of Stratford Page 14-1 Final for Council Adoption - January 2022 SECTION 14 URBAN RESERVE ZONE No land shall be used, no buildings or structures shall be erected and no lot shall be altered in the Urban Reserve Zone except in accordance with the applicable General Provisions (Section 4.0) and Parking and Loading Requirements (Section 5.0) and the following: 14.1 List of Applicable Zones Urban Reserve UR 14.2 Permitted Uses Uses permitted in the Urban Reserve Zone are denoted by the symbol "✓" in the column applicable to that zone and corresponding with the row for a specific permitted use in Table 14.2 below. Where the letter "E" is identified following the symbol "✓", only legally existing uses shall be permitted. Table 14.2: Permitted Uses in the Urban Reserve Zone Uses UR existing use ✓ E home occupation ✓ single detached dwelling ✓E 14.3 Special Use Regulations 14.3.1 Urban Reserve (UR) Zone 14.3.1.1 Existing Single Detached Dwellings The alteration of an existing single detached dwelling or the erection or alteration of buildings accessory thereto shall be permitted in accordance with the regulations of Residential First Density (R1(2)) Zone. SECTION 14.0 URBAN RESERVE ZONE Page 14-2 City of Stratford Final for Council Adoption - January 2022 14.4 General Use Regulations No person shall within any Urban Reserve Zone use or permit the use of any lot or erect, alter or use any building or structure except in accordance with the zone standards in Table 14.4 below. Any numbers in parentheses following the particular regulation, zone heading, or applicable standard indicates that one or more additional regulations apply to buildings and structures in the applicable zone. Table 14.4: Regulations in the Urban Reserve Zone Zone Variation Standard 1 UR Minimum Lot Area: existing Minimum Lot Frontage: existing Minimum Lot Depth: existing Permitted Buildings and Structures: existing Minimum Yard Requirements: 2 existing Maximum Lot Coverage: 20% Maximum Height: existing Additional Regulations for Table 14.4 Unless specified otherwise, regulations expressed herein are minimums. For buildings and structures for livestock and manure storage and buildings and structures accessory to an agricultural use, established by the Minimum Distance Separation II Formulae (MDS II).